Planning Board

MINUTES PLANNING BOARD OF THE BOROUGH OF MADISON REGULAR MEETING OCTOBER 17, 2017 A regular meeting of the Planning Board of the Borough of Madison was held on the 17th day of October 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: Tom Lewis, Astri Baillie, Rachel Ehrlich, Peter Flemming, George Limbach, Mayor Conley, Ann Huber and Steve Tombalakian Excused: John Forte Absent: None Also Present: Vince Loughlin, Planning Board Attorney Susan Blickstein, Board Planner Mr. Frank Russo, Assistant Board Engineer Frances Boardman, Board Secretary Approval of Minutes: Copies of the minutes of the October 3, 2017 regular meetings were distributed to all Board members for their review prior to this meeting. A motion to approve the minutes as presented was made by Mayor Conley, 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 – None Mr. Tombalakian announced that the Regular meeting of the Planning Board scheduled for November 7, 2017 has been cancelled. The next regular meeting of the Planning Board will be held on Tuesday, November 21, 2017. NEW BUSINESS – Case No. P 17-012 Minor Subdivision with Variances Parisi Builders and Developers 10 South Oak Court Block: 102, Lot: 14 Board Attorney Mr. Vince Loughlin began by advising the Board that the original application presented for this applicant was previously denied and that in order to hear this new application, the Board must decide if it is a different application. Mr. Nino Coviello, Esq. began by giving the facts and circumstances of the new application refereeing to the substantial design changes in the new application which include the removal of the side yard variances, a one-car garage as opposed to the previous two-car garage and the lowering of the building coverage on each home. Mr. Tombalakian made a motion to proceed with the hearing of the new application, seconded by Mr. Peter Flemming. The following roll was recorded: “Ayes” – Mayor Conley, Ms. Baillie, Mr. Flemming, Ms. Ehrlich, Ms. Huber, Mr. Limbach, and Mr. Tombalakian “Nays” – Mr. Lewis “Excused” – Mr. Forte 1 Planning Board October 17, 2017 Mr. Coviello thanked the Board and proceeded to call his first witness. Mr. Roger Winkle, Architect, 947 Park Avenue, Plainfield, New Jersey 07060 was sworn in. Mr. Winkle gave his credentials and background information to the Board and was accepted as an expert witness. Mr. Winkle began his testimony. Mr. Winkle summarized to the board the location of each new home that is proposed giving the size and details of each home. He pointed out that each home will have a one car garage and consists of two floors. Each home will be different in appearance and the size of the home on Lot 14.01 will be 2,626 square feet in total while Lot 14.02 will be 2,621 square feet. Dr. Blickstein’s memorandum dated October 6, 2017 with a revision date of October 10, 2017 was discussed. At this time the following was marked into evidence: Exhibit A-1: Color rendering of the proposed homes Mr. Winkle informed the Board that the homes presented in this exhibit had been flipped as suggested in Dr. Blickstein’s memorandum. Mr. Winkle informed the Board that the color renderings being presented were indeed the homes that the applicant will be building. Mayor Conley asked about windows in the garage. Mr. Winkle stated that windows were standard in garages. Mr. Tombalakian asked the Board if they had any further questions for Mr. Winkle, seeing none he opened the floor to the public for questions of Mr. Winkle. Seeing none he closed that portion of the hearing. Next to testify was Catherine Mueller, Page-Mueller Engineering Consultants, PC Post Office Box 4619, Warren, NJ 07059. Ms. Mueller was sworn in and accepted as an expert witness. Ms. Mueller introduced the plan set with a date of August 31, 2017 that was provided to all Board members and Professionals in their packet. A description of each new lot proposed was provided; Ms. Mueller stated that each new lot would have the same dimensions and same depth. Each home will have the identical building footprint with a building coverage of 16.8%. Each home will have a 2 car wide driveway and decks in the rear of each. Drywells for each home will be located in the rear yard and collect the runoff from each lot. Exhibit A-2: Amended Tree Removal and Replacement Plan, was marked into evidence. Ms. Mueller explained to the Board the reason behind the amended removal and replacement plan was due to the meeting on site with the Shade Tree management Board. The applicant has included more arborvitaes and staging in the rear of each new property creating a better buffer screening the rear yards. Mr. Frank Russo’s October 6, 2017 memorandum was discussed and Ms. Mueller stated that all items would be complied with. Mr. Limbach asked if the applicant would consider planting more deciduous trees in the rear of the homes. An in depth landscaping discussion ensued. Mr. Tombalakian asked if the Board and its Professional’s if they had any further questions for Ms. Mueller, seeing none he opened the floor to the public for questions of the Engineer, Ms. Mueller. Mahindra Maharaj, 12 South Oak Court, Madison, inquired if all trees 6” and above were going to be removed from the property. The answer was yes. She also asked what the depth of house was going to be from the front of the home to the rear deck. Ms. Mueller stated that the depth would be 58 ft 2 inches. Mr. Tombalakian asked if there were any further questions, seeing done that portion of the hearing was closed. Mr. Wayne Parisi, Applicant, 63 Bristol Court, Berkley Heights, NJ was sworn in. Mr. Parisi offered additional details as to the new homes to be constructed, specifically touching upon the drainage and the proposed landscaping. Mr. Tombalakian asked the Board and its Professionals if they had any further questions for Mr. Parisi, seeing none the floor was opened to the public for questions of Mr. Parisi. Seeing none that portion of the hearing was closed. Mr. Paul Phillips, Hoboken, New Jersey was sworn in as the next witness. Mr. Phillips was accepted as an expert witness. Mr. Phillips stated to the Board his understanding of the variances needed for this application. He explained that the proposed subdivision would result in lots which are sized appropriately to the neighborhood. Justifications for the variances necessary for this proposed subdivision and construction of the proposed homes was given. He stated that the homes that will be built are similar in design and size to the other homes in the neighborhood. Mr. Phillips reviewed Dr. Blickstein’s memorandum, dated October 6, 2017 with a revision date of October 10, 2017. Mr. Phillips gave his summation to the Board. Mr. Tombalakian asked the Board and Professionals if they had any questions for Mr. Phillips, seeing none he opened the floor to the public. 2 Planning Board October 17, 2017 Mr. Nicholas Strauss, 8 North Oak Court questioned Mr. Phillips as to his comment that this subdivision is a better alternative than a new single family home on the lot. Mr. Phillips reviewed the basis of his testimony. Seeing no further questions from the public that portion of the hearing was closed. Mr. Tombalakian then opened the floor for public comment. Margaret Gilhooley, 6 North Oak Court, Madison stated that she is concerned with the safety of the school children due to the narrowness of the street. Nicholas Strauss, 8 North Oak Court, Madison is concerned with the water pressure being so low in the neighborhood. and the impact on the Borough Water System with the development of these new homes. Angela Scafuri, 2 Oak Court, Madison is concerned with the narrowness of the street and garbage pick-up along with school buses being able to navigate during construction of these homes. She also reiterated the concern of low water pressure. Andrew Coate, 3 Oak Court, Madison stated that several neighbors are very concerned with the development of this lot into two homes. He asked the Board to consider more landscaping then what is proposed. He also stated that these homes look very cookie cutter. Seeing no further comments from the public that portion of the hearing was closed. Mr. Coviello stated that the applicant had made substantial changes to the plans then were previously submitted and he believes that the testimony provided this evening was enough to justify the subdivision and the new homes to be constructed. The Board began their deliberation. Mr. Loughlin reiterated the Boards concerns and conditions that would be included in the resolution. Motion to approve was made by Mayor Conley, seconded by Mr. Flemming and the following roll call was recorded: “Ayes” – Mayor Conley, Mr. Flemming, Mr. Limbach, Ms. Ehrlich, Mr. Lewis and Mr. Tombalakian “Nays” – Ms. Baillie and Ms. Huber “Abstain” – None “Excused” – Mr. Forte Upon the conclusion of Case No. P 17-012, Mr. Tombalakian recused himself from the next case that was to be presented and stepped down from the dais. Mayor Conley took over as acting Chairman for the remainder of the evening. A brief recess was taken at 9:06pm. The meeting reconvened with all members present at 9:12pm OLD BUSINESS – CASE NO. P 17-008 Preliminary and Final Site Plan with Variances Atlantic Health Systems 4 Giralda Farms Block: 3202, Lot: 1 A transcript of this evening’s hearing was prepared by Michael Lombardozzi, 23 East Orchard Street, Somerville, NJ 08876. Mr. Richard Schkolnick, Esq. gave a brief summary of the application before the Board this evening. Atlantic Health Systems is the contract purchaser and is seeking Preliminary and Final Site Plan Approval with Variances to construct an in-patient rehabilitation facility on part of Block: 3202, Lot: 1. He stated that the parcel has prior development approvals in place for 436,00 square feet of office development which was never constructed. Atlantic Health Systems is proposing to construct a 46,820 square foot, 38 bed in-patient rehabilitation facility; with an outdoor recreation courtyard and related on-site improvements. Atlantic Health Systems has partnered with Kindred Health Care to operate this facility. Mr. Schkolnick stated that the application before the Board this evening is Phase One, and there will be two other Phases before the Board soon after. 3 Planning Board October 17, 2017 Mr. Schkolnick provided a list of witnesses for this evening’s hearing. The first witness Amy Perry, 475 South Street, Morristown was sworn in. Ms. Perry provided her credentials for the Board and was accepted as an expert witness. Ms. Perry shared with the Board and its professionals the mission of Atlantic Health Care stating that Atlantic Health had decided several years ago that their current facility was not a facility in which quality care could be delivered in. She confirmed that the Giralda Farms location was the perfect location for the healing environment that Atlantic Health is seeking. Ms. Perry commented briefly on Phase II. And what the goal would be. Mayor Conley asked if the Board or its Professionals had any questions for Ms. Perry, seeing none he opened the floor to the public for questions. Seeing none he closed that portion of the hearing. Mr. Richard Paddock, 113 Seborne Lane, Franklin, Tennessee was sworn in. He gave his credentials to the Board and was accepted as an expert witness. Mr. Paddock provided a brief description about Kindred Health Care and the partnership with Atlantic Health Systems. Mr. Paddock is Director of Construction and provided several examples of his relationship with Kindred Health Care and other facilities across the country he was involved in. He touched upon the services and treatments that are going to be offered at the facility. The facility will operate 24/7 and have two nursing shifts from 7:00am to 7:00pm and 7:00pm to 7:00am. The facility will have approximately 57 employees and professionals on staff. The deliveries that would be received, including but not limited to food, linens, supplies, and pharmaceuticals were discussed. Ms. Baillie asked if there would be any outpatient services. Mr. Paddock answered no. Mr. Flemming asked if the proposed facility could be compared to Kessler Institute. Mr. Schkolnick stated that one of the other witnesses planned for this evening would be better suited to answer. Mayor Conley asked if the bed to parking ratio was working at the other facilities that Mr. Paddock was involved in. Mr. Paddock responded that it was. Mayor Conley asked if there were any further questions for Mr. Paddock, seeing none he opened the floor to the public for questions. Seeing none he closed that portion of the hearing. Next to testify this evening was Ms. Patricia Ruskin, PS&S 67B Mountain Boulevard, Warren, New Jersey. Ms. Ruskin was sworn in, gave her credentials to the Board and was accepted as an expert witness. The following were marked into evidence Exhibit A-1: Aerial map dated 8/10/2017 Exhibit A-2: Giralda Farms Site Plan, dated 1/10/2005 Exhibit A-3: Colorized Landscape Plan, dated 7/7/2017 Exhibit A-4: Steep Slope Analysis Ms. Ruskin gave a brief description of each marked exhibit. Ms. Ruskin stated that this is an underdeveloped site with freshwater wetlands identified. The proposed application has frontage on both Madison Avenue and Loantaka Way. The 90 surface parking spaces for the rehabilitation inpatient facility will be screened along Dodge Drive and not be visible. There will be an outdoor physical therapy court yard area along with an outdoor dining area adjacent to the dining room. The applicant proposes a new Southern drive, retaining wall along the Eastern side, an 8ft high brick facade wall to house the dumpster and recycle bin. A diesel generator is also proposed creating a height variance for the wall encasing the generator. She stated that all Borough conditions for lighting will be met. Ms. Ruskin stated that the landscaping will provide color during the four seasons. A variance for 10% landscaping of the parking lot is necessary. Steep slope disturbance was discussed. Also discussed was the existing pond and bio-retention basin. All utilities will be placed underground. Ms. Ruskin stated that all comments presented in Mr. Russo’s memorandum will be addressed. Mayor Conley opened the floor to questions from Board members. Ms. Erhlich inquired about the steep slope disturbance. Ms. Ruskin stated that minimum disturbance is planned in the slope area. Mr. Flemming asked if the concerns of the Fire Department were addressed. Ms. Ruskin stated that she had spoken with the Fire Department directly and is working with them closely making sure that all of their concerns are satisfied. Mr. Lewis inquired if patients would be coming by ambulance or private transport. Ms. Ruskin stated that both means of transportation would be utilized. Ms. Ehrlich had a few additional driveway questions. Ms. Ruskin addressed all questions. Ms. Huber inquired if solar panels were considered. Ms. Ruskin stated that all mechanical equipment would be placed on the roof and that would not change. Seeing no further questions, Mayor Conley opened the floor to the public; seeing none that portion of the hearing was closed. 4 Planning Board October 17, 2017 Mr. Paul Phillips, 33-41 Newark Street, Hoboken, NJ, next to testify on behalf of the applicant. Mr. Phillips was sworn in and accepted as an expert witness. Mr. Phillips began his testimony by going through each variance stating the positive versus negative criteria that each would cause. Mr. Phillips stated that there was no substantial determinant to the public good with this application. Mayor Conley asked the Board and its Professionals if they had any questions for Mr. Phillips, seeing none he opened the floor to the public. Seeing none that portion of the hearing was closed. Mr. Schkolnick informed the Board that also prepared to testify this evening was the Architect and the Traffic Professional if the Board felt necessary. Mr. Matt Manning, Earl Swenson Associates Architects, 1033 Demonbruen Street, Suite 800, Nashville, Tennessee was sworn in. It was noted that Mr. Manning is not a licensed architect in New Jersey. Mr. Manning was qualified as an expert witness based upon his experience and education. Mr. manning stated that he is the principal in charge of this project. He informed the Board that no two facilities look exactly alike. Mr. Manning discussed the elevation of the proposed building and specified that the main objective is to create an atmosphere of a patient-centered, family centered environment. He explained that healing is more than just the body, but the mind and spirit as well. The materials that are to be used were discussed at length. He stated that the building will be aesthetically pleasing for the patients and their families. Mayor Conley asked the Board and its Professionals if they had any further questions of Mr. manning, seeing none he opened the floor to the public for questions. Seeing none that portion of the hearing was closed. Mr. Schkolnick had no further witnesses to testify this evening. The Mayor opened the floor to any comments from the public seeing none he closed that portion of the hearing. The Board began its deliberation; Mr. Loughlin, Esq documented the conditions to be included in the resolution. Motion to approve was made by Mr. Lewis, seconded by Ms. Baillie and the following roll call was recorded: “Ayes” – Mayor Conley, Mr. Flemming, Mr. Limbach, Ms. Ehrlich, Mr. Lewis, Ms. Baillie and Ms. Huber “Nays” – None “Abstain” – None “Excused” – Mr. Forte and 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 11:05 pm.; seconded by Mr. Flemming. A voice vote of “aye” was heard by all members present and carried. Respectfully submitted, Frances Boardman Board Secretary 5