Planning Board

MINUTES PLANNING BOARD OF THE BOROUGH OF MADISON REGULAR MEETING JUNE 20, 2017 A regular meeting of the Planning Board of the Borough of Madison was held on the 20th day of June 2017 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 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 arrived at 7:37pm, John Forte, Tom Lewis, Peter Flemming, Astri Baillie, Steve Tombalakian and George Limbach Excused: Jeff Gertler 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 June 6, 2017 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 Ms. Baillie, seconded by Mr. Lewis. 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 17-003 Minor Subdivision with Variances Arcangelo Benigno 58 Lathrop Avenue Block: 4305, Lot: 5 Resolution granting the Minor Subdivision with Variances to Arcangelo Benigno, on property located at 58 Lathrop Avenue, Madison commonly known on the Borough of Madison Tax Map as Block: 4305, Lot: 5 The draft resolution was sent to the Applicant’s Attorney, Mr. Nino Coviello, Esq. as well as the Planning Board members and it’s Professionals for review prior to this evening’s meeting. 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 presented by Mr. Loughlin, motion was made by Mayor Conley, seconded by Mr. Flemming; the following roll call was recorded: “Ayes” – Mayor Conley, Ms. Baillie, Mr. Flemming, and Mr. Limbach “Nays” – Mr. Lewis “Abstain” – Mr. Tombalakian and Mr. Forte “Excused” – Mr. Gertler 1 Planning Board June 20, 2017 NEW BUSINESS – CASE NO P 11-003 Two-Year Extension of Approval of Preliminary and Final Site Plan with Variances Michael & Stella Iannaccone 305 Main Street Block: 5101, Lot: 29 Mr. Steve Azzolini, Esq. representing the applicants made a written submission to the Board requesting a Two-Year Extension of Approval. The Board considered this request and found that there is reasonable basis stated in Mr. Azzolini’s letter dated June 7, 2017 to grant the request of a Two-Year Extension. At this point Mr. Tombalakian asked the Board if they had any further questions or comments seeing none he opened the floor to the public, seeing no public that wished to be heard on this matter he closed that portion of the proceeding. Motion to approve was made by Mr. Flemming, seconded by Mr. Forte and the following roll call was recorded: “Ayes” – Mayor Conley, Ms. Baillie, Mr. Flemming, Mr. Forte, Mr. Lewis, Mr. Limbach and Mr. Tombalakian “Nays” – None “Abstain” – None “Excused” – Mr. Gertler CASE NO. P 17-004 Minor Subdivision with Variances Borough of Madison 117 Kings Road Block: 3801 Lot: 1 Mr. Salvatore Alfieri, Esq attorney for the Applicant began by giving a brief description of the application. He stated that the proposed subdivision would be utilized by the adjacent auto repair business which would continue to use the area as a parking area for their business. Mr. Andrew Clarke, 466 Southern Boulevard, Chatham, New Jersey 07928 was sworn in. Mr. Clarke provided the Board with the lot requirements for the R-3 Zone in which this piece of property is located. He described the subdivision as very minor in nature. The Borough is going to take Lot 1 and divide it into two lots. The section of the lot will then be combined with the adjoining lot which contains Curry Automotive. This is currently a gravel area which Curry Automotive uses for a staging area for their business. There is a 1979 variance resolution which permits the parking use and the applicant will continue to comply with the term, conditions and requirements of such. Dr. Blickstein’s memorandum dated March 21, 2017 was discussed with Mr. Clarke. Mr. Clarke stated that the applicant would fully comply with all conditions outlined in the memorandum including the fact that landscaping would be maintained along the front of the property and that no new driveway would be added to this property for the use of Curry Automotive. Mr. Tombalakian asked if the Board or its Professionals had any further questions for Mr. Clarke, seeing none he closed that portion of the hearing. He then opened the floor to the public for questions of Mr. Clarke, seeing none he closed that portion of the hearing. Mr. Frank Russo, Assistant Borough Engineer provided testimony confirming for the Board the lot size and the variances required. Mr. Russo advised the Board that the subdivision would properly align the lots. Mr. Russo also told the Board that the subdivision if approved would allow and permit a better solution to the title property and its respective use. Mr. Russo stated that there are no improvements associated with this subdivision and does not create a detriment to the public good. There is no need for additional municipal services to this piece of property. Mr. Tombalakian if the Board or its Professionals had any further questions for Mr. Russo, seeing none he closed that portion of the hearing. He then opened the floor to the public for questions of Mr. Russo, seeing none he closed that portion of the hearing. The floor was then opened for public comment. Ms. Cathy Loomis, owner of the property that’s houses Curry Automotive stated that all facts and findings presented by Mr. Clarke were true. She urged the Board to come back with an approval of this minor subdivision. The Board began their deliberation. 2 Planning Board June 20, 2017 Motion to approve was made by Mr. Lewis, seconded by Mr. Flemming and the following roll call was recorded: “Ayes” –Mr. Flemming, Mr. Forte, Mr. Lewis, Mr. Limbach and Mr. Tombalakian “Nays” – None “Abstain” – Mayor Conley, and Ms. Baillie, “Excused” – Mr. Gertler CASE NO. P 17-006 Concept Review 90 Park Ave Chen, LLC 90 Park Avenue Block: 1203, Lot: 13 Mr. Steve Schepis, Esq stated that his clients are looking for some guidance and comments from the Board with respect to their property at 90 Park Avenue. This property is in the Community Commercial Zone and is substantially oversized. It currently contains a mixed use building with a first floor restaurant and a residence above, off-street parking and a residence in the rear of the property. Mr. Schepis presented two options to the Board for discussion. The first of the two proposals is to subdivide the property and create a multi-family development to the rear consisting of six residential apartments, one of which would be designated low/moderate income housing. Several bulk variances would be required with this proposal. It was discussed that the current store front and home would stay on the front lot. The Board was concerned with the loss of vegetation in the rear of the property. The alternate proposal for this site is a mixed-use building towards the rear of the property with Commercial uses on the first floor with three residential apartments above. Expansion of the onsite parking lot will be necessary in order to accommodate additional parking for this new mixed-use building. Mr. Schepis stated that he and his clients met with Morris County Planning board in regards to closing off the driveway near the east end of the building. Mr. Schepis reiterated to the Board that the County was on board with either option that is proposed to the Borough of Madison. Mr. Schepis stated that his clients are open for suggestions. The Board’s feedback included new development on the lot consisting of two buildings with parking in between. The applicant should consider maintaining the vegetation in the rear of the property. The applicant should look into integrated access to the property as well as a shared parking agreement. Mr. Schepis thanked the Board for their suggestions and they will be used in rendering a determination for a future development application. CASE NO. P 17-001 Minor Subdivision with Variances Parisi Builders and Developers 10 South Oak Court Block: 102, Lot: 14 Ms. Carlotta Budd, Esq. began by giving a brief summary of the application. Parisi Builders & Developers, LLC proposes to subdivide the property at 10 South Oak Court in the R-3 District. The property is located on South Oak Court and consists of an existing house and detached garage on approximately 17, 000 square feet. The existing improvements are proposed for demolition, with two-single family lots proposed. The requested subdivision requires variances on each lot for minimum lot area (total and within 125’ of the right-of-way), minimum lot width, side yard setback and building coverage. Mr. Kevin Page, Page Mueller Engineering, P.O. Box 4619, Warren, NJ was sworn in as well as Mr. Wayne Parisi, 63 Bristol Court, Berkley Heights, NJ 07922 Prior to his testimony Mr. Page provided 3 handouts to the Board and Professionals, these handouts were marked into evidence: Exhibit A-1: TRW Realty Atlas, Map volume East-Part 2, 28th Edition 1994 3 Planning Board June 20, 2017 Exhibit A-2: Borough of Madison Tax Map Dated 5-2-2007 Exhibit A-3: Black and White Aerial photo of North Oak, Oak and South Oak Courts Mr. Page began his expert testimony by providing the Board with the existing conditions on the property and related them to the proposed subdivision. All lots surrounding this parcel are 60 feet in width, subdividing this property at 10 South Oak Court is consistent with the neighborhood. The proposed homes will be 4 bedrooms, 2 ½ bath with attached two-car garages. Mr. Page went over the variances being requested for each proposed lot, specifically stating that a 12 foot exterior side yard setback is proposed for each new lot, however; an 8.5 foot interior side yard setback is being requested for each new proposed home. Mr. Page pointed out that the proposed subdivision and homes proposed on each lot fit the pattern of the neighborhood. Continuing his testimony Mr. Page again handed out an exhibit to the Board and Professionals. Exhibit A-4: Qualifying Plan with Conceptual Detached Garages Mr. Page described the plan before the Board stating that they are requesting variances for maximum building coverage due to the attached two-car garage where 15% is allowed by Ordinance and 18% is being requested. In the handout provided he showed that if a detached two-car garage was requested the impervious lot coverage would increase. Considerable discussion was devoted to the garages. Ms. Baillie asked Mr. Page if the proposed home are in keeping with the neighborhood. Mr. Page replied that they were not in keeping with the neighborhood. Mr. Flemming inquired if a detached garage could in fact be built on the proposed lots. Mr. Page responded that they could however; the maximum impervious lot coverage would become an additional variance for each proposed lot. The discussion regarding garages continued. A five minute break was taken at 9:10pm, the Board resumed at 9:20pm with all members present. Dr. Blickstein questioned Mr. Page if the proposed plan was the best use of the property. Mr. Page alluded to the fact that the size and shape of homes are changing and that new homes are being built in older neighborhoods that are not consistent with the present ones. Mr. Limbach asked if the applicant would consider redesigning one of the homes in order to keep the 48 inch Oak Tree that is presently on the property. Mr. Tombalakian asked if the Board or Professionals had any further questions of Mr. Page, seeing none he opened the floor to the public for questions of Mr. Page. Mr. Peter Schuckman, 15 North Oak Court, Madison inquired as to the lot sizes. Mr. Page stated that the lots would be 90 x 180. Mr. Mahindra Maharaj, 12 South Oak Court, Madison questioned the driveway location of each home. Mr. Page pointed out the location. Mr. Joydip Bandyopadhyah, 10 North Oak Court, Madison specifically asked why one new home was not considered for this lot. Mr. Page replied that the applicant was keeping with the consistence of the neighborhood with creating two lots each being 60 feet in width. Seeing no further questions for Mr. Page that portion of the hearing was closed. The next witness to offer testimony this evening was Mrs. Linda Parisi. Mrs. Linda Parisi, 63 Bristol Court, Berkley Heights was sworn in and began her testimony. She stated that she is a realtor and sells the houses that her husband builds. She argued that she and her husband will not build a home with a one-car garage, and from a realtor stand point they are difficult to sell. Her design team did look into designing the home in order to keep the 48 inch Oak tree however; it just was not feasible. She informed the Board that no landscape plan was provided for these proposed homes but they do provide plenty of plantings to each new home that is built in Madison. She informed the Board that she and her husband along with their children will be moving into one of the proposed homes. She pointed out that there are a variety of homes in the neighborhood and she would prefer not to change the design of the homes as they have been presented. The Board stressed that keeping the Oak Tree would be a valuable asset. Mr. Limbach provided a rough sketch to Mrs. Parisi for her evaluation. Mr. Tombalakian asked the Board and Professionals if they had any questions for Mrs. Parisi, seeing none he closed that portion. He then opened the floor to the public. Mr. Nicholas Strauss, 8 North Oak Court, Madison inquired as to the timing of construction of these two new homes. Mrs. Parisi disclosed that both homes will be built simultaneously and construction would take six month. 4 Planning Board June 20, 2017 It was decided that this case would be carried to the August 1, 2017 meeting of the Planning Board without further notice. Revised plans would need to be submitted within 10 days of this hearing. OLD BUSINESS – None PLANNING DISCUSION – None CORRESPONDENCE – None Since there was no further business to come before the Board, Mr. Tombalakian made a motion to adjourn the regular meeting at 10:05pm.; seconded by Mr. Lewis. A voice vote of “aye” was heard by all members present and carried. Respectfully submitted, Frances Boardman Board Secretary 5