Planning Board

MINUTES PLANNING BOARD OF THE BOROUGH OF MADISON REGULAR MEETING DECEMBER 1, 2015 A regular meeting of the Planning Board of the Borough of Madison was held on the 1st day of December 2015 at 7:30 P.M., in the Court Room, Hartley Dodge Memorial, 50 Kings Road, Madison, NJ. The meeting was called to order by Planning Board Vice Chairman, Thomas Johnson. Mr. Johnson requested the reading of the Public Meeting Notice. Ms. Boardman read the following statement in accordance with the Open Public Meetings Act. “Let the minutes reflect that adequate notice of this meeting has been provided in the following manner: At the reorganization meeting of the Board held on January 6, 2015, the Board by Resolution adopted a schedule of meetings. On January 7, 2015, a copy of the schedule of meetings was posted at the bulletin board at the entrance to the Hartley Dodge Memorial, was sent to the Madison Eagle and the Daily Record, and filed with the Borough Clerk all in accordance with the “Open Public Meetings Act”. The following roll call was recorded: Present: Tom Johnson, Jeff Gertler, Mayor Robert Conley, Michael Kopas, Tom Lewis, John Forte, Astri Baillie and Peter Flemming Excused: Steve Tombalakian Absent: None Also Present: Vince Loughlin, Planning Board Attorney, Susan Blickstein, Board Planner Frank Russo, Board Engineer Frances Boardman, Board Secretary Approval of Minutes: Copies of the October 20, 2015 regular meeting minutes were distributed to all Board members for their review prior to this meeting. A motion to approve the minutes was made by Mr. Lewis, seconded by Mr. Gertler. A voice vote of “aye” was heard by all eligible voting members and recorded. A second set of minutes were distributed to all Board members from the special meeting held on November 10, 2015 of the Planning Board and Mayor and Council. A motion to approve was made by Mr. Gertler, seconded by Mr. Forte. A voice vote of “aye” was heard by all eligible voting members and recorded. Comments by the Public: Mr. Johnson opened the floor to the public for anyone that wished to be heard on any matter not on this evening’s agenda. Seeing no one he closed that portion of the meeting. RESOLUTIONS FOR MEMORIALIZATION – CASE NO. P 15-012 Minor Three Lot Subdivision with Variances Alan Andreas Block: 602, Lots: 12 & 27 173 Ridgedale Avenue 1 Planning Board December 1, 2015 Resolution granting the Minor Three Lot Subdivision with Variances to Alan Andreas for the Minor Three Lot Subdivision with Variances on property located at 173 Ridgedale Avenue, Madison commonly known on the Borough of Madison Tax Map as Block 602, Lots 12 & 27 The draft resolution was sent to the applicant’s Attorney, Mr. Nino Coviello, Esq. as well as the Planning Board members and its Professionals for review prior to this evening’s meeting. Mr. Loughlin noted that there were several revisions made to the draft by Mr. Coviello. After conferring with the Board professionals these changes were implemented into the resolution. Mr. Johnson asked the Board and its Professionals if they had any further comments or questions concerning the resolution. Seeing none a motion to approve the resolution as revised, was made by Mr. Lewis, seconded by Mr. Johnson; the following roll call was recorded: “Ayes” - Mayor Conley, Mr. Johnson, Mr. Kopas and Mr. Lewis “Nays” – Mr. Forte and Mr. Gertler “Abstain” – Ms. Baillie and Mr. Flemming “Excused” – Mr. Tombalakian NEW BUSINESS – CASE NO. P 15-012 Major Six Lot Subdivision with Variances Millennium Development Group, LLC Block: 5201, Lot: 11 286 Kings Road Mr. Azzolini, Esq. began by giving a brief summary of the application stating that Millennium Development Group, LLC is the owner of the property at 286 Kings Road, located at the corner of Division Avenue in the R-3 District. This property also borders the Borough of Chatham. The property encompasses approximately 1.8 acres with an existing residence, garage and many mature trees that would be demolished to create six single-family lots. Preliminary and Final Major Subdivision is required for this project. Mr. Azzolini had one witness to present this evening, Mr. Andrew Clarke, Engineer. He also stated that if a traffic expert is necessary, one was available to testify. Mr. Andrew Clarke, 37 Girard Avenue, Chatham, New Jersey was sworn in. Mr. Clarke shared his qualifications with the Board and was accepted as an expert witness. Mr. Clarke stated that he had prepared the survey of the property. He had also prepared the site plan set provided to each Board member and Professional, last revised November 12, 2015 containing six sheets. The site plan sheets were gone through by Mr. Clarke. The sizes for each proposed lot were discussed, and Mr. Clarke stated that they each conform to the Borough’s zoning table. He explained to the Board that there would be three homes on Kings Roa, with three separate driveways and three homes on Division each containing their own driveways as well. Each home would be of a unique character and differ in architecture. Mr. Clarke testified that the grading would not be disturbed and the street trees on Kings Road and Division would be maintained. His client would also maintain all healthy trees on the property and coordinate with the Madison Shade Tree Commission to further maintain all healthy trees on the property. 2 Planning Board December 1, 2015 Mr. Clarke was informed that drywell details would be necessary, and that test pits will required for each lots drywells. A soil erosion sheet will need to be required. Dr. Blickstein questioned the continuous wall shown on the revised plans through the three lots proposed for Division Avenue. It was suggested that Mr. Clarke go back and check the setbacks of the wall with the Borough Code. Mr. Johnson asked Mr. Clarke if they had any comments to the memorandum, dated October 23, 2015 from Frank Russo of Bowman Consulting. Mr. Clarke stated that they were agreeable with all comments on the report and would comply. Comment number fifteen on the memorandum dealing with sidewalks was discussed. Mr. Clarke stated that sidewalks would conflict with the Borough street trees. Mr. Russo’s memorandum stated that sidewalks exist along Kings Road to the immediate east of Division Avenue and on the opposite side of Kings Road. Mr. Russo also stated that an easement would be required for the sidewalks and that the sidewalk should be brought right to the boundary of proposed lot 11.06. It was suggested to Mr. Clarke that the Shade Tree Management Board should be involved in a discussion with respect to the shade trees and the sidewalks. The wall shown on the proposed plans was discussed. If a fence is placed on top of the wall it will create a 7 to 8 foot high accessory structure on the property, creating a variance on each lot. Mr. Clarke was asked to take into consideration what presently exists on the property and what it will look like after construction. There will be many trees impacted. Dr. Blickstein asked if the applicant was willing to create shared driveways for the proposed homes. This was not an option for the applicant. Mr. Gertler voiced his concern that the applicant had a complete disregard for what exists on the lot today and trees could be conserved on proposed lots 11.05 and 11.06. It was suggested to Mr. Clarke that alternative locations be looked at for the driveways in order to save the trees. The Board was informed that the tree located on lot proposed 11.04 would need to be removed for the sewer line. The sanitary sewer line is located in the intersection of Kings and Division. Neither municipality has weighed in on where the sewer line will be located. Mr. Azzolini stated that Mr. Vince Lacari was present this evening and could provide testimony with regards to the trees. Mr. Lacari, a Shade Tree Management Board member was not accepted by the Board to provide testimony on this application. Ms. Baillie had concerns with the proposed four foot retaining wall being proposed. Mr. Clarke stated that the slope will be maintained. Mr. Azzolini stated that the owners and developers were present this evening and could provide testimony. Mr. Azzolini stated that his client’s intent is to develop and construct the homes proposed on the site. Mr. Loughlin once again stated that a Developers Agreement was necessary for this application. A draft Developers Agreement addressing Affordable Housing issues should be seen by the Board prior to adoption by Mayor and Council. The application shows that the impervious coverage and building coverage are at the maximum/permitted as required by the Borough Code. This would require any owner to come before the Zoning Board of Adjustment for a variance for any addition to the proposed homes. Mr. Nicholas Mazzocchi, 15 Miller Road, New Vernon, New Jersey was sworn in. Mr. Mazzocchi is a partner in Millennium Development Group, LLC. He stated that he heard the questions and concerns of the Board and its professionals. The plan going forward of Millennium Development Group is to build all six homes and sell all six homes upon completion. 3 Planning Board December 1, 2015 Mr. Mazzocchi stated that the site was walked by Mr. Lacari and himself and that every tree that can be saved will be saved. Mr. Mazzocchi also testified under oath that the driveways being proposed should be placed between the trees that exist on the site. Mr. Mazzocchi assured the Board that he would save all trees possible on the site. The Board asked that revised plans show all trees being saved. Mr. Gertler acknowledged that the neighborhood should be protected and that the trees along the rear of the property and on Kings Road should be saved. He also reinforced the fact that the revised plans should show different driveway locations for the sake of saving the trees. Dr. Blickstein questioned the design of the homes that would be proposed. Mr. Mazzocchi stated that he had not given much thought to the design of the homes. Dr. Blickstein informed the applicant that the homes should not have a cookie cutter appearance. Mr. Mazzocchi stated that he had no problem with that being a condition of the resolution. The question arose as to how many trees were actually coming down for this application. Mr. Vince Lacari, 20 Afton Drive, Florham Park a member of the Shade Tree Commission was sworn in. He testified that he had cared for and maintained the trees on the home for the last forty years. He testified that the only trees that were important on the property were the eight Borough trees along Kings and Division. Mr. Lacari stated that he had not examined the trees along the rear border of the property. It was determined that a Shade Tree Representative should walk the site with the plans along with Mr. Lacari. The revised plans should identify the trees to remain on the site. The retaining wall added to the plans requires a variance and should be identified as well. Mr. Clarke stated that the revised plans would include all items discussed this evening and he will work to satisfy Bowman’s October 23, 2015 memorandum as well. Mr. Azzolini informed the Board that he would be meeting with Mr. Castano, Esq and Mr. Bruno, Esq. to discuss the Affordable Housing issues. Mr. Johnson asked the Board if they had any questions. Mr. Lewis asked if there were any environmental issues that needed to be addressed. Mr. Azzolini stated that there were none to be addressed. Mr. Johnson opened the floor to the public for questions. Mr. Robert Morrison, 276 Kings Road, Madison asked Mr. Azzolini what the wording in the notice meant by “seek approval for any and all variances” what variance were being requested? Mr. Azzolini stated that that is standard language in public notices and that in fact there were no variances being sought for this application. The second question was if the town electric could handle the additional electrical load of these new homes. Mr. Clarke stated that he would communicate with the Borough Electrical Department regarding the upgrade to the electrical system with these new proposed homes. Mr. Russo asked if will serve letters had been sent. Mr. Azzolini stated that these letters had not been sent out as of yet but would be done. Kelly Knowles, 21 Essex Place, Madison inquired about the water flow. Mr. Clarke stated that there was no evidence of drainage problems on the site. Grades pitched toward Division and would remain the same. Each home would have an individual drywell to capture all roof water. Seeing no further questions from the public, Mr. Johnson closed that portion of the hearing. Mr. Joseph Staiger, 245 Main Street, Chester, New Jersey was sworn in as a traffic expert. Mr. Staiger gave his qualifications to the Board and was accepted as an expert witness. 4 Planning Board December 1, 2015 Mr. Staiger stated that he had completed a traffic analysis for the site. He offered testimony on the benefits and detriments of shared driveways. He informed the Board that there would be no impact on having three driveways on each street as proposed. He stated that there was good site visibility for each proposed drive. Each driveway would provide the ability to turn-around and not have to back out onto either street. Dr. Blickstein inquired why the driveway aligned with Union Hill. Mr. Staiger stated that it is better to align with Union Hill for visibility reasons. Mr. Flemming asked if visibility would be a concern with the trees on site. Mr. Staiger stated that site visibility is adequate . Ms. Boardman stated that Traffic Safety Officer, Chad Rybka had no comment to this application. Mr. Johnson asked the Board if they had any further questions for Mr. Staiger, seeing none he opened the floor to the public. Seeing none he closed that portion of the hearing. A ten minute break was taken at 9:48 pm. The Board resumed at 10:00pm with all Board members present. Mr. Johnson informed Mr. Azzolini and his clients that no vote was possible this evening and that revised plans should be submitted addressing the concerns discussed this evening including the retaing wall, grading, trees, sewer and sidewalks. Mr. Johnson noted that a site walk should be scheduled with the Shade Tree Management Board. Mr. Kopas being a Shade Tree member offered to walk the site with Mr. Lacari. Mr. Azzolini was reminded that this application requires an affordable housing component and should be coordinated with the Mayor and Borough Council. A developer’s agreement is also necessary for this application. This application will be continued on Tuesday, January 5, 2016 at the regular meeting of the Planning Board if revised plans are submitted in a timely fashion. OLD BUSINESS – None PLANNING DISCUSSION –None CORRESPONDENCE – None Since there was no further business to come before the Board, Mr. Johnson made a motion to adjourn the regular meeting at 10:05 P.M; seconded by Mayor Conley. A voice vote of “aye” was heard by all members present and carried. Respectfully submitted, Frances Boardman Board Secretary 5