Planning Board

MINUTES PLANNING BOARD OF THE BOROUGH OF MADISON REGULAR MEETING FEBRUARY 20, 2018 A regular meeting of the Planning Board of the Borough of Madison was held on the 20th day of February 2018 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 16, 2018, the Board by Resolution adopted a schedule of meetings. On January 17, 2018, 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, Tom Lewis, John Forte, Rachel Ehrlich, Astri Baillie, George Limbach, Ann Huber, and Steve Tombalakian Excused: Peter Flemming Also Present: Frank Russo, Assistant Borough Engineer Susan Blickstein, Board Planner Vince Loughlin, Planning Board Attorney Frances Boardman, Board Secretary Approval of Minutes: Copies of the minutes of the February 6, 2018 regular meeting were distributed to all Board members for their review prior to this meeting. A motion to approve the regular minutes as presented was made by Mayor Conley, seconded by Ms. Baillie. A voice vote of “Aye” was heard by all eligible Board members. 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 NEW BUSINESS – CASE NO. P 17-011 Minor Subdivision Patrick Esposito 362 Woodland Road Block: 4302, Lot: 2 Mr. Steve Azzolini, Esq. representing the applicant began by giving a brief description of the application. Mr. Azzolini noted that the application before the Board is for a conforming subdivision. The only witness this evening is Andrew Clarke, PLS, PE Mr. Andrew Clarke, 466 Southern Boulevard, Chatham, New Jersey 07928 was sworn in and accepted as an expert witness. Mr. Clarke stated that the plans that were submitted to the Board will be used for his testimony this evening. Mr. Clarke began by giving the existing conditions of the site. The applicant intends to subdivide the existing property into 2 single-family residential lots and meets all Zoning Requirements. The current curb cut on proposed lot 2.02 will remain intact while Lot 2.01 will have a new curb cut and apron as proposed. The Madison Historic Preservation Commission sent a letter to the applicant, dated August 10, 2017. The HPC requested the applicant provide high-quality photos of the property, exterior of the house, and any interior details of the home as a record and those be filed with the Madison Historic Society. Mr. Azzolini stated that his client was in full agreement of this request. Ms. Baillie alliterated that the HPC recommended that the design of the houses put the garages to the rear of the lot, as is traditional for the neighborhood. 1 Planning Board February 20, 2018 Mr. Azzolini stated that the homes to be built have not yet been designed at this time. After conferring with his client, the applicant is willing to place the garages in the rear of the homes. The Shade Tree Management Board’s memorandum dated August 16, 2017 was also discussed; and it was agreed upon that the Borough Street trees would be preserved. Front Yard Setback of the proposed homes was discussed as noted in Dr. Blickstein’s memorandum dated, August 8, 2017. Mr. Clarke had no objections to Mr. Frank Russo’s memorandum dated October 16, 2017. Mr. Clarke had no further testimony and Mr. Tombalakian asked the Board and its Professionals if they had any further questions of Mr. Clarke. 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. Mr. Azzolini had nothing further on this application. The Board began its deliberation. Mayor Conley made a motion to approve the application with conditions as noted during testimony, seconded by Mr. Forte. The following roll call was recorded as follows: “Aye” – Mr. Conley, Ms. Baillie, Mr. Forte, Ms. Huber, Ms. Ehrlich, Mr. Lewis, Mr. Limbach and Mr. Tombalakian “Nays” – None “Excused” – Mr. Flemming CASE NO. P 17-013 Preliminary and Final Site Plan with Variances General Zod, LLC 145 Main Street Block: 2601, Lot: 18 Mr. Steve Azzolini, Esq. representing the applicant began by giving a brief description of the application. The application cite contains a 4,293 square foot single story building that fronts Main Street in the CBD-1 Zone, while the rear of the site is in the Community Commercial District. The applicant proposes a 6-seat restaurant in the building along with delivery and late night hours. Variances are required for proposed signage and business hours after 11:00pm as well as lighting. There will be three witnesses this evening to provide testimony for this application. Mr. Peter Korzen, Engineer, Michael Dey, Applicant and Owner and Paul Ricci, Planner. Mr. Peter Korzen, 26 Berkshire Street, Whippany, NJ was called, sworn in and accepted as an expert witness. Mr. Korzen began his testimony reiterating what Mr. Azzolini had stated. All plans used during Mr. Korzen’s testimony had been previously provided to the Board and its Professionals. The variances that are being proposed where discussed which include, signage, hours of operation and lighting. The proposed sign will be above the front door and extend above the lowest part of the roofline. Also a placard will be placed on the door listing hours of operation. The air conditioning unit will be wall mounted and a bicycle rack will be placed in the rear of the property. A Sanitary Sewer Clean out will be completed as per the request of Mr. Russo. Mr. Korzen concluded his testimony. Mr. Tombalakian asked the Board and Professionals if they had any questions for Mr. Korzen, seeing none the floor was then opened to the public. Seeing no public questions that portion of the hearing was closed. Mr. Michael Dey, 20 Memorial Court, Apt 5L, Denville was sworn in. Mr. Dey is the owner of the site as well as the applicant this evening. Mr. Dey was accepted as a qualified witness. Mr. Dey began by giving the Board his restaurant background. Mr. Dey is the proprietor of Fatty’s located in Morristown with hours of operation from 10:00am to 3:00am. He also owns and operates “Weenies” in Denville. “Weenies” is a restaurant with indulgent food items and late night hours. There will be 4-5 employees per shift. Two of those employees will also make deliveries at this location. Dr. Blickstein inquired about the number of patrons that are typically served between 11:00pm and 3:00am. Mr. Dey replied that there are usually 2 patrons per hour during that time frame that come in to the restaurant. Patrons at that hour are typically shift workers or first responders. Garbage will be kept in the rear of the lot and be contained in three to four (3-4) 96 gallon totes which will be emptied 3-4 times a week. These totes will be wheeled to the front of the building for pick up or if inclement weather these totes can be brought through the Bilco doors in the rear and brought out through the front of the building. Delivery cars will be parked where ever is allowed in accordance to the Borough Ordinance. Mr. Dey stated that the delivery drivers will make it work even if they have to walk to their cars a few blocks away. All food is kept in an insulated bag to keep the food hot. 2 Planning Board February 20, 2018 Mr. Dey explained that he has had no issues with loitering at the Denville location with the same hours of operation as proposed here in Madison. Mr. Azzolini stated to the Board that the awning in the front of the building has been removed and that his client contacted the Sign and Façade Committee as suggested at TCC. The Sign and Façade Committee performed a review and sent back a positive memorandum, dated February 13, 2018. The sidewalk in front of the site is in need of repair and the applicant would like to change the sidewalk. Mr. Russo stated that Main Street is a State highway. He also added that the Borough will be doing ADA compliant sidewalks on both sides of Main Street with respect to the Madison Junior School in 2019. The following exhibit was marked into evidence: Exhibit A-3 Color Photo of Sidewalk Conditions Delivery hours at the Weenies in Denville were discussed. Dr. Blickstein asked about vehicle promotion. Mr. Dey said the vehicles that would be used would not have any toppers or vinyl on them. Parking issues were again discussed. Hours of operation were briefly touched upon and Mr. Dey stated that he feels it would detrimental to his business if he were only allowed to stay open until 11:00pm. Dr. Blickstein asked if the applicant would consider an externally lit sign, stating that the proposed sign is very Highway like and does not fit into the downtown area. Mr. Dey stated that he will consider a different sign that will not require a variance. Mr. Lewis again asked if the applicant would consider different hours of operation especially during the week. Mr. Dey explained that his operational hours are consistent with his other operations in Morristown and Denville. Ms. Ehrlich stated that the building has a very haphazard look and asked if the rear of the building was visible from Main Street. Mr. Dey stated that the appearance of his property matters very much to him and the rear of the property cannot be seen from Main Street. The planters in the front of the building were discussed and Mr. Limbach gave some planting suggestions to the applicant. The following was marked into evidence: Exhibit A-1 1936 Food and Drink License Mr. Dey stated that while doing interior renovations to the site he found the 1936 Food and Drink License that was issued. The license showed that the site once was a hotdog establishment. Mr. Tombalakian asked if the Board or its Professional had any further questions for Mr. Dey. Seeing none the floor was then opened to the public, seeing none Mr. Tombalakian closed that portion of the hearing. Mr. Paul Ricci, 10 Georgian Drive, Clark, NJ 07066 was sworn in to testify. Mr. Ricci was accepted as an expert witness. Mr. Ricci stated that he had reviewed the memorandums from Dr. Blickstein and Mr. Russo. Entered into evidence was the following: Exhibit A-2 Color Arial – 145 Main Street Mr. Ricci stated that there was no line of sight from the subject property to the nearest structure in the R-3 Zone. There would be no negative impact on the R-3 Residential Area. Mr. Ricci provided in his testimony statistics regarding the hours of operation being proposed and how shift workers will find this establishment a benefit. The applicant is restoring the façade to be more like the original site. There is no parking variances associated with this application and it meets both the positive and negative criteria as outlined by the testimony heard this evening. Mr. Ricci had no further testimony. Mr. Tombalakian asked the Board and its Professionals if they had any further questions for Mr. Ricci, seeing none he opened the floor to the public for questions. Seeing none that portion of the hearing was closed. Mr. Azzolini stated to the Board that the applicant has bought the building and has a true commitment to the application and the town of Madison. He will comply with designing a new sign which will conform to the Borough Code. The Board began its deliberation; Dr. Blickstein reiterated the conditions that would be included in the resolution. Mayor Conley made a motion to approve the application with conditions as noted during testimony, seconded by Mr. Forte. The following roll call was recorded as follows: “Aye” – Mr. Conley, Ms. Baillie, Mr. Forte, Ms. Huber, Ms. Ehrlich, Mr. Lewis, Mr. Limbach and Mr. Tombalakian “Nays” – None “Excused” – Mr. Flemming 3 Planning Board February 20, 2018 OLD BUSINESS – CASE NO. P 17-007 Preliminary and Final Site Plan with Variances King’s Court Developers 174 Main Street Block: 2001, Lot: 18 At the request of the Applicant’s Attorney, this application will be carried to the March 6, 2018 agenda of the Planning Board. Applicant will re-notice. PLANNING DISCUSION – None CORRESPONDENCE – None Since there was no further business to come before the Board, Mr. Tombalakian asked for a motion to adjourn the regular meeting at 9:15pm.; motion was made by Mayor Conley, seconded by Ms. Baillie. A voice vote of “aye” was heard by all members present and carried. Respectfully submitted, Frances Boardman Board Secretary 4