Planning Board

MINUTES PLANNING BOARD OF THE BOROUGH OF MADISON REGULAR MEETING FEBRUARY 7, 2017 Following the reorganization meeting a regular meeting of the Planning Board of the Borough of Madison was held on the 7th day of February 2017 at 7:50 P.M., in the Court Room, Hartley Dodge Memorial, 50 Kings Road, Madison, NJ. The meeting was called to order by Planning Board Chairman, Steve Tombalakian Mr. Tombalakian 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 17, 2017, the Board by Resolution adopted a schedule of meetings. On January 18, 2017, a copy of the schedule of meetings will be posted at the bulletin board at the entrance to the Hartley Dodge Memorial, 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: Mayor Robert Conley, Michael Kopas, Tom Lewis, Astri Baillie, Steve Tombalakian, Jeff Gertler and George Limbach Excused: Peter Flemming, and John Forte Also Present: Vince Loughlin, Planning Board Attorney Susan Blickstein, Board Planner Frank Russo, Assistant Borough Engineer Frances Boardman, Board Secretary Approval of Minutes: Copies of the minutes of the January 17, 2017 Re-organization and regular meeting were distributed to all Board members for their review prior to this meeting. A motion to approve the minutes as presented was made by Mr. Lewis, seconded by Ms. Baillie. A voice vote of “aye” was heard by all eligible voting members and recorded. Comments by the Public: Mr. Tombalakian 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 16-007 Amended Preliminary and Final Site Plan with Variances Bank of America 117 Main Street Block: 2601, Lot: 13 Resolution granting the Amended Preliminary and Final Site Plan with Variances to Bank of America, on property located at 117 Main Street, Madison commonly known on the Borough of Madison Tax Map as Block 2601, Lot: 13 The draft resolution was sent to the applicant’s Attorney, Ms. Diane Hickey, Esq. as well as the Planning Board members and it’s Professionals for review prior to this evening’s meeting. Ms. Hickey requested several changes to the resolution which Mr. Loughlin incorporated into the draft resolution. Mr. Tombalakian asked the Board if they had any further comments or questions concerning the resolution. Seeing none he asked for a motion to approve the resolution as amended by Mr. Loughlin, a motion was made by Mr. Kopas, seconded by Mayor Conley; the following roll call was recorded: “Ayes” – Mayor Conley, Ms. Baillie, Mr. Kopas, Mr. Lewis, Mr. Tombalakian, and Mr. Gertler “Nays” – None “Abstain” – Mr. Limbach “Excused” – Mr. Forte, and Mr. Flemming NEW BUSINESS – None 1 Planning Board February 7, 2017 OLD BUSINESS – CASE NO. P 15-005 Amended Preliminary & Final Site Plan with Variances 122 Main Street Madison, LLC 122 Main Street Block: 1803, Lot: 11 CASE NO. P 15-006 Preliminary & Final Site Plan with Variances 9-19 Greenwood Ave Madison, LLC 9-19 Greenwood Avenue Block: 1803, Lots: 12, 13, & 14 A transcript of this proceeding was prepared by Toni Ann Acquaro of Veritext Legal Solutions. It was determined that the individual cases would be heard contemporarily. These application proceedings were started on January 17, 2017 but not concluded. Mr. Steven Azzolini, Esq. began by giving a synopsis on the proceedings before the Board this evening. Mr. Azzolini stated that he had several witnesses that will testify on behalf of the applicants who will include the Landscape Architect, Traffic Engineer, Architect and the Principal Applicant, Mr. Art Metzler, as to the market operations. Mr. Tombalakian, stated that Mr. Eric Keller, from Bowman Consulting was present this evening to testify as a traffic expert for the Borough. Mr. Azzolini handed to the Board a list of prior exhibits that were marked into evidence at the January 17, 2017 meeting. The following exhibits were marked into evidence that will be used for this evenings proceeding: Exhibit A-8: Colorized Photo Landscape Rendering Plan for 122 Main Street Exhibit A-9: Colorized Photo Landscape Rendering Plan for 9-19 Greenwood Avenue Exhibit A – 10: Landscaping Calculation Worksheet Mr. Brian Shortino, Berton Engineering Associates, 66 Glen Avenue, Glenrock, New Jersey 07452. Mr. Shortino was sworn in and accepted as an expert witness. Mr. Shortino stated that a variance is being requested for the required landscaping in the parking area for 9-19 Greenwood Avenue. 10 % is required by the Borough however; only 4% is being proposed. It was indicated by Mr. Azzolini that when the site of 122 Main Street is included, since it is going to be a shared parking lot; Mr. Shortino’s testimony will indicate that the landscaping in that parking area will exceed the requirement. Mr. Shortino indicated that no irrigation system is proposed; Mr. Limbach asked who would then maintain the plantings? Mr. Shortino stated that would be up to the owner. At this point, Mr. Limbach made specific recommendations to the plantings being planned for 9-19 Greenwood Avenue and 122 Main Street. Mr. Shortino stated that he had no problem with altering the plantings as suggested. Discussion regarding the exact location of the electrical transformer was a concern. Mr. Russo stated that the location would need to be worked out with the Madison Electrical Department. Mr. Art Metzler, 888 Old Mill Road, Franklin Lakes, New Jersey was sworn in. Mr. Metzler is one of the principal owners of 122 Main Street and stated for the record that coordination with the Madison Electric Department has already begun. Letters to all utility companies with load information had been submitted for the building material. The landscape plans for 122 Main Street were discussed subsequently. Discussion continued at length with regards to landscaping. Mr. Tombalakian asked the Board and its Professionals if they had any further questions for Mr. Shortino, seeing none he closed that portion of the hearing. He then opened the floor to the public for questions, seeing none he closed that portion of the hearing. 2 Planning Board February 7, 2017 Mr. Gary Dean, 792 Chimney Rock Road, Martinsville, New Jersey was sworn in as the next witness to testify. Mr. Tombalakian asked Mr. Dean if he had been the traffic expert in the Walgreen’s application, in which Mr. Dean replied “yes”. The Board accepted Mr. Dean as an expert witness. Mr. Dean began by stating that a Traffic Impact Assessment, dated January 3, 2017 was submitted to the Board. The study served as a bench mark in the ability to evaluate the original projections for Walgreens in 2008 and to also evaluate traffic conditions as related to the application at hand. Ambient street traffic mass had increased. It was stated that for the subject application the trends exhibited by Walgreens was at least an indicator of what one might expect with the future tenant. Peak parking demand was identified at 61 spaces where 156 spaces are being proposed. Mr. Dean stated that the application being presented will have well above the parking that is necessary for the site and well exceeds the Ordinance requirement of the Borough. Mr. Dean stated that in Mr. Keller’s review report he was asked to provide traffic count data as well as recalculating the levels of service for the site. Mr. Dean, felt that the remaining site plan related questions have either been addressed or will be addressed. Mayor Conley asked Mr. Dean if he could elaborate on the pluses and minus of lining up the driveway with Elmer Street. Mr. Dean provided the Board with the reasoning behind aligning the driveway opposite Elmer Street. The topic of parking consumed much of the discussion and Dr. Blickstein elaborated that the concept of shared parking was to efficiently use parking resources. A five minute break was requested by Mr. Azzolini at 8:47pm to discuss the parking spaces and parking situation. The board resumed the hearing at 8:53 pm with all Board members present. Mr. Azzolini explained to the Board that he had an opportunity during the break to consult with his client and Mr. Dean will explain what we offer to alleviate some of the Board’s concerns. Mr. Dean explained to the Board that the applicant is willing to bank 8 parking spaces as indicated in the following Exhibit. Exhibit A-11: Rendering with Highlighted Banked Parking, marked for Identification, dated 2/7/2017 Parking issues were discussed at length. Mr. Tombalakian asked the Board and Professionals if they had any further questions for Mr. Dean with the caveat that the Board members want to review the report that was submitted on January 3, 2017. Seeing none he opened the floor to the public for questions. Ruth Tranberg, 23 Greenwood Avenue, Madison was sworn in as to her statement. Mrs. Tranberg claims that the parking lot for 122 Main Street is full at 7:00 am. Mrs. Transberg questioned where people will be parking if the lot is full. She is against parking on Greenwood. Mr. Tombalakian asked if there were any further questions for Mr. Dean, seeing none that portion of the hearing was closed. Mr. Peter Korzan, previously sworn and remaining under oath began his testimony. The height of the fence and front set back of the fence were discussed. The fence will be reduced to four feet within the front setback and, in addition, will be pulled back 2 feet to improve the site distance from the driveway next door. Items also discussed by Mr. Korzen included the trash enclosure. Mr. Limbach asked if the pavers currently at the Walgreen site were going to continue in front of the proposed building site. It was determined that the driveway apron would be concrete while the rest would be pavers maintaining a transition from the 122 Main Street site to the new building. Mr. Keller asked Mr. Korzen if with the relocation of the trash enclosure can trucks still circulate through the lot and pick up the trash. Mr. Korzen replied absolutely. Mr. Tombalakian asked if there were any further questions of Mr. Korzen, seeing none that portion of the hearing was closed. Remaining under oath was Mr. Metzler, one of the principals of the 9-19 Greenwood Avenue Madison, LLC. Mr. Metzler briefly described the type of business that was going to operate at the proposed location, emphasizing a gourmet food market, having sections within the market for prepared foods, a deli section, butcher, breads, pastas, pizza and a small coffee/café with pastries and things you would expect at a coffee shop. There will be no carts but small hand held baskets. It is estimated that there will be between 12 and 14 employees and the intended Hours of 3 Planning Board February 7, 2017 Operations are 6:00am to 11:00pm except for Friday and Saturday where we would like to remain open until midnight. Deliveries will be handled in the rear of the store and no deliveries will be made from Greenwood Avenue. There will be some seating in the Café but there will not be any waitress service. The Market will be catering but not making deliveries of items. A comment in Dr. Blickstein’s memorandum regarding the demolition of the homes was discussed along with the monitoring wells on site at 122 Main Street. Ms. Baillie asked about the irrigation system and was informed that the irrigation system now in place at 122 Main Street will continue there as well as at the 9-19 Greenwood Avenue site. Mr. Lewis questioned the trash calculations and if the trash compactor and two dumpsters would be sufficient for the residents and commercial use. Mr. Metzler stated that the compactor that will be located in the basement should be able to control the trash and it should not be an issue. Mr. Gertler questioned the excessive hours of operation on Friday and Saturday evening. Mr. Metzler stated that the only portion of the market likely to be open that late will be the café, and stated that he would not want the market open unnecessarily. Mr. Tombalakian asked if there were any further questions of Mr. Metzler from the Board or its Professionals, seeing none he opened the floor to the public for questions. Seeing none that portion of the hearing was closed. The following exhibits were marked into evidence: Exhibit A – 12: Colorized Elevations – 2 Sheets with a Revised date of 1/26/2017 Exhibit A – 13: Colorized Elevations Exhibit A – 14: Revised signage plan, dated 2/2/2017 Mr. Conrad Roncati remaining under oath from the last meeting began his testimony. Mr. Roncati discussed with the Board the changes that were made to the exterior of the building after the discussion at the last meeting. Mr. Roncati believes that the revisions to the building have been developed to create a more aesthetic look to the building. Mr. Roncati went through the modifications briefly for the Board. A frank and cordial exchange of views regarding the height of the first floor off Greenwood Avenue took place. The revised signage was discussed; with Mr. Roncati pointing out the changes that were made. The signs are not illuminated and with the changes made the signage package conforms to the square footage and dimensional requirements. Mr. Tombalakian asked if there were any additional questions from the Board for Mr. Roncati, seeing none he opened the floor to the public for questions. Seeing none that portion of the hearing was closed. Mr. Paul Phillips, 33-41 Newark Street, Hoboken, New Jersey was sworn in and the Board accepted Mr. Phillips as an expert witness. Mr. Phillips informed the Board that he had occasion to inspect the subject premises and the adjacent site as well as review the plans for development. After Mr. Phillips review he stated that he does not feel that any of the relief being sought is momentous and that the benefits associated with the overall development outweigh the detriments. At this time; Mr. Phillips addressed all variances in Dr. Blickstein’s memorandum for both 122 Main Street and 9-19 Greenwood Avenue. After some discussion Mr. Phillips stated that mixed-use facilities are encouraged in the CBD zone and this development helps anchor that zone and all variance can be granted in satisfaction of the negative criteria as testified to. Mr. Tombalakian asked the Board and the Professionals if they had any further questions for Mr. Phillips, seeing none he opened the floor to the public for questions. Seeing none he closed that portion of the hearing. Mr. Tombalakian then opened the floor for any comments concerning the application, seeing none that portion of the hearing was closed. Mr. Azzolini began his summation; the Board began its deliberation. Motion to approve was made by Mayor Conley, seconded by Mr. Tombalakian and the following roll call was recorded: “Ayes” – Mayor Conley, Mr. Kopas, Mr. Lewis Mr. Limbach, and Mr. Tombalakian “Nays” – Ms. Baillie and Mr. Gertler “Abstain” – None “Excused” – Mr. Flemming, and Mr. Forte Mr. Loughlin provided to the Board a verbal listing of conditions that will be incorporated into the resolution. PLANNING DISCUSION – It was determined that there was no new business scheduled before the Board for the February 21, 2017 meeting with that in mind the regular Planning Board meeting scheduled for that evening was canceled. 4 Planning Board February 7, 2017 CORRESPONDENCE – None Since there was no further business to come before the Board, Mr. Tombalakian made a motion to adjourn the regular meeting at 11:05pm.; seconded by Mayor Conley. A voice vote of “aye” was heard by all members present and carried. Respectfully submitted, Frances Boardman Board Secretary 5