Planning Board

MINUTES PLANNING BOARD OF THE BOROUGH OF MADISON REGULAR MEETING AUGUST 1, 2017 A regular meeting of the Planning Board of the Borough of Madison was held on the 1st day of August 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 Vice Chairman, John Forte. Mr. Forte 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”. At this time Mayor Conley appointed Ms. Rachel Ehrlich to the Planning Board as a Class IV, Regular Member. The following roll call was recorded: Present: Mayor Robert Conley, Tom Lewis, Peter Flemming, Astri Baillie, John Forte, Rachel Ehrlich and George Limbach Excused: Steve Tombalakian Absent: None Also Present: Vince Loughlin, Planning Board Attorney Frank Russo, Assistant Borough Engineer Susan Blickstein, Board Planner Frances Boardman, Board Secretary Approval of Minutes: Copies of the minutes of the July 18, 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 Mr. Lewis, seconded by Mayor Conley. A voice vote of “aye” was heard by all eligible voting members and recorded. The minutes of the June 20, 2017 Planning Board meeting were not distributed at this time. They will be distributed and voted upon at the next meeting. Comments by the Public: Mr. Forte 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 – None NEW BUSINESS – None OLD BUSINESS – CASE NO. P 17-001 Minor Subdivision with Variances Parisi Builders and Developers 10 South Oak Court Block: 102, Lot: 14 The Board started, but did not conclude the hearing on the minor subdivision with variances for Parisi Builders and Developers, 10 South Oak Court. This application was carried to this evening’s meeting for further proceedings. Ms. Budd told the Board that she would have three witnesses provide testimony this evening. Catherine Mueller, Peter Steck, and Wayne Parisi. 1 Planning Board August 1, 2017 Catherine Mueller, Page Engineering, Warren NJ was sworn in. Ms. Mueller gave the board her credentials and she was accepted as an expert witness. Ms. Mueller began her testimony stating that the plans had been revised based upon the comments from the Board at the last hearing. She stated that the setbacks had been added to the cover sheet, and that 12 trees will be removed for this proposed subdivision and that 17 new trees will be planted as replacements for those taken down. The species of trees will include Norway Spruce and Arborvitae. The applicant will also plant one street tree if this proposed subdivision is approved. Ms. Mueller addressed the exterior side yard setbacks for each lot at 12’ which is conforming to Borough Code, however; the interior side yard setbacks interior to the property line at 9’ for each new home will need a variance. A drywell system will be placed in the rear of each property and soil testing will be conducted prior to digging the foundation. Ms. Mueller also informed the board that although several variances are being requested for each new home the maximum impervious coverage will be below the 30% in an R-3 single family residential zone. Ms. Mueller had no further testimony. Mr. Forte asked the Board if they had any questions for Ms. Mueller. Mr. Lewis asked if Ms. Mueller would remind the Board of the side yard setbacks on the previous plan. Ms. Mueller stated that the previous side yard setbacks where to the exterior lot line 12’ and the interior lot line 8’.5”. There being no further questions from the Board the floor was opened for questions from the public. Mahindra Maharaj, 12 South Oak Court asked Ms. Mueller what impervious coverage was. Ms. Mueller gave an explanation to the impervious coverage on each lot and how the drywell system will function. Kathleen Schuckman, 15 North Oak Court asked Ms. Mueller to explain the side yard setbacks. The setbacks were explained by Ms. Mueller. There were no further questions from the public and that portion of the hearing was closed. Mr. Peter Steck, Planning Consultant, 80 Maplewood Avenue, Maplewood, NJ was next to testify. His credentials were given and he was accepted as an expert witness. Exhibit A-5: Three (3) Page hand-out prepared by Peter Steck with photos taken on July 21, 2017. Mr. Steck provided a summary of the hand out that was provided this evening. His testimony once again outlined the proposed homes for each lot and he noted that most of homes in the area have nonconforming lot areas and frontages. Mr. Steck spent considerable time discussing the relief being sought for each proposed lot; these include lot area where 9,375 square feet is permitted and 7,500 square feet is being proposed for each lot, the lot width where 75 square feet is permitted and 60 square feet is proposed. He also touched again upon the side yard setbacks for each home and the maximum principle building coverage where 15% is permitted and each proposed new home is looking at 18% maximum principle building coverage. In conclusion Mr. Steck stated that the C1 hardship can be granted for this application since many of the homes in the area do not conform to the 75 square foot lot width, and that the 60 square foot lot width proposed for each lot is consistent with the neighborhood. Mr. Steck discussed that the proposed homes will be built with keeping with the character of the neighborhood and the architectural will be different for each new home. These homes will meet modern living standards with a two car garage attached to each home. Considerable discussion regarding attached vs. detached garages pursued. It was determined that there is no established pattern in the neighborhood regarding garages. Dr. Blickstein asked how many homes in the neighborhood exceed 39 feet in width. Mr. Steck answered six (6). She then asked the frequency of two-car garages. It was determined that only two homes have front facing two-car garages, one is attached to the home and the other is detached. Ms. Baillie inquired to the appearance of these homes blending into the neighborhood. Mr. Steck stated that the houses proposed would blend into the neighborhood and the homes would be marketable to the modern family. 2 Planning Board August 1, 2017 Mr. Flemming asked that if the garages were made smaller would that eliminate the need for the side yard setback. Mr. Steck replied “Yes it would”. The Board discussed their feelings with regard to the streetscape that was presented; their thoughts were that there was not enough green space. Mr. Steck finished his testimony and Mr. Forte asked if the Board or Professionals had any further questions; seeing none he opened the floor to the public for questions of Mr. Steck. Margaret Gilhooley, 6 North Oak Court inquired as to whether these houses would have a third floor. It was determined that this question would be addressed by the next witness. There being no further questions from the public; that portion of the hearing was closed. Linda Parisi, 63 Bristol Court, Berkley Heights was sworn in at the last hearing and remains under oath. Mrs. Parisi pointed out that each home will be 2 ½ stories and comply with Borough Code regarding the height of the individual home. She confirmed that each proposed home will be beautifully landscaped as is the case on each home she and her husband have built in Madison. Mr. Limbach asked if there was any consideration taken in saving the oak tree on the property by changing the design of the home. Ms. Parisi commented that the drip line of the tree takes up much of the building envelope. Exhibit A-6: Letter from Don Farnell, Landscape Architect At this time Exhibit A-6 was entered and read by Ms. Mueller into the record. It was the opinion of Mr. Farnell that from a horticultural and a safety perspective, the tree in question should be removed. The applicant was asked if they had considered pulling the house forward to accommodate the tree. Ms. Parisi stated that was not a proper solution and there is no tree ordinance in the Borough and the tree could be cut down at any time. Mr. Limbach suggested that a more detailed landscape plan be presented for the application. Mr. Forte asked the age of the tree. The age was not determined by Mr. Farnell. Ms. Parisi specified the need for the attached two car garages proposed for the new homes, explaining that the average family has two or more cars. Mr. Lewis again questioned the height of the homes. Mr. Russo pointed out that the height of the proposed homes is located on page two of the site plan. The board asked if the applicant would consider a one car garage, Mrs. Parisi stated that was not a desirable option in a new home since most families have more than one driver in the family and more than one vehicle. A five minute break was taken at 8:52pm. The meeting resumed at 9:01pm with all members present. The Board inquired what building materials were being used on these homes, Mrs. Parisi stated that many of the decisions regarding the materials to be used on each home have not been decided upon yet. Mr. Forte asked the Board and Professionals if they had any further questions for Mrs. Parisi, seeing none he closed that portion of the hearing. He then opened the floor to the public for questions, seeing none that portion of the hearing was closed. Mr. Wayne Parisi, 63 Bristol Court, Berkley Heights, NJ was sworn. Mr. Parisi is a member of Parisi Builders and Developers and will be the builder of record for these homes. Several topics were discussed including the building heights of the proposed homes, two-car garages versus one-car garages, and landscaping. Mr. Parisi stated that he had no problem with providing additional landscaping to each property. Mr. Forte asked the Board and Professionals if they had any further questions for Mr. Parisi, seeing none he closed that portion of the hearing. He then opened the floor to the public for questions of Mr. Parisi. Nicholas Strauss, 8 North Oak Court, Madison asked Mr. Parisi if he is willing to cut down the dead branches on the tree in the rear yard. Mr. Parisi disclosed that the dead tree will be removed. 3 Planning Board August 1, 2017 Mr. Parisi agreed to planting two additional deciduous trees in addition to more landscaping on each lot. Dr. Blickstein commented that more detail should be taken into consideration with the architectural elements of the garages. Color renderings and elevations would be a welcome addition on the site plan to better visualize the proposed homes. Ms. Budd stated that she had no further witnesses to testify this evening. Mr. Forte opened the floor to the public for their comments. Margaret Gilhooley, 6 North Oak Court, Madison stated that she had a school bus concern especially with the narrowness of the street. Mr. Maharaj, 12 South Oak Court, Madison was sworn in. He presented a handout to the Board and Professionals. Exhibit M-1: Color Photos – 6 sheets Mr. Maharaj expressed that the applicant was cherry picking during testimony. He stated that several months ago a dead tree appeared on the lot along with rocks and boulders. He is concerned that the homes proposed will not fit into the context of the neighborhood. Peter Schuckman, 15 North Oak Court, Madison remarked that the hardship of the applicant had not been proven. Nicholas Strauss, 8 North Oak Court, Madison was sworn in. Mr. Strauss commented that the home as it is now conforms to the zoning requirements. The building of these two homes comes with traffic concerns, and the character and aesthetics of the neighborhood that would be greatly affected. Since there were no further comments by the public that portion of the hearing was closed. Ms. Budd gave a brief summary of the application stating that the proposed homes are modest in size and that the applicant has agreed to landscaping and architectural changes. At this time the Board began its deliberation: Several comments made during deliberation included concerns with the number of variances being requested, the maximum house size, no concessions from the applicant with conforming to the neighborhood, houses being too large for the lots, one-car garages should be considered, the proposed houses are out of character with the neighborhood, hardships to allow these variances have not been proven. Motion to deny was made by Ms. Baillie, seconded by Mr. Lewis and the following roll call was recorded: “Ayes” – None “Nays” – Mayor Conley, Ms. Baillie, Mr. Flemming, Mr. Forte, Mr. Lewis and Mr. Limbach “Abstain” – None “Excused” – Mr. Tombalakian PLANNING DISCUSION – None CORRESPONDENCE – None Since there was no further business to come before the Board, Mayor Conley made a motion to adjourn the regular meeting at 10:10 pm.; seconded by Mr. Lewis. A voice vote of “aye” was heard by all members present and carried. Respectfully submitted, Frances Boardman Board Secretary 4