Planning Board

MINUTES PLANNING BOARD OF THE BOROUGH OF MADISON REGULAR MEETING JULY 16, 2019 A regular meeting of the Planning Board of the Borough of Madison was held on the 16th day of July 2019 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 Acting Chairman, Mayor Robert Conley. Mayor Conley 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 15, 2019, the Board by Resolution adopted a schedule of meetings. On January 16, 2019, 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: Astri Baillie, George Limbach, Mayor Conley, Rachel Ehrlich, and Peter Flemming Excused: Ann Huber, John Forte, Tom Lewis, and Steve Tombalakian Absent: None Also Present: Frank Russo, Assistant Borough Engineer Vince Loughlin, Planning Board Attorney Susan Blickstein, Board Planner Frances Boardman, Board Secretary Approval of Minutes: Copies of the minutes of the June 18, 2019 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 Ms. Baillie, seconded by Mr. Flemming. A voice vote of “Aye” was heard by all eligible voting members and recorded. Comments by the Public: Mayor Conley opened the floor to the public for anyone that wished to be heard on any matter not on this evening’s agenda. Seeing none that portion of the meeting was closed. RESOLUTIONS FOR MEMORIALIZATION – CASE NO. P 19-003 Resolution granting the Minor Subdivision with Variances to Karen Hughes on property located at 99 Madison Avenue commonly known on the Borough of Madison Tax Map as Block: 209, Lot: 19 for adoption. The draft resolution was sent to the applicant’s Attorney, Mr. Steve Azzolini, Esq. as well as the Planning Board members and its Professionals for review prior to this evening’s meeting. 1 Planning Board July 16, 2019 Mayor Conley asked the Board if they had any further comments or questions concerning the resolution. Mayor Conley asked for a motion to approve the resolution this evening, a motion was made by Ms. Baillie, seconded by Ms. Ehrlich; the following roll call was recorded: “Ayes” – Ms. Ehrlich, Mr. Flemming, Mr. Limbach, and Ms. Baillie “Nays” – None “Abstain” – Mayor Conley “Excused” – None REVIEW AND RECOMMENDATION ITEMS On referral from the Governing Body: Ordinance 32-2019 “Ordinance of the Borough of Madison Amending Chapter 195 Land Development Ordinance of the Borough of Madison”, To Amend the Zoning Map to Include Block: 2801, Lot: 5 (41 Kings Road) in the CBD-1 Zoning District. Ordinance 32-2019 was distributed to all Board members and Professionals for their review prior to this evening’s meeting. A motion to approve the Ordinance as presented on referral by Mayor & Council was made by Mr. Flemming, seconded by Ms. Ehrlich. The following roll call was recorded: Ayes” – Ms. Erhlich, Mr. Flemming, Mayor Conley, Mr. Limbach, and Ms. Baillie “Nays” – None “Abstain” – None “Excused” – None NEW BUSINESS – CASE NO. P 19-004 Preliminary and Final Site Plan with Variances 7 Giralda Realty, LLC 7 Giralda Farms Block: 3202, Lot: 7 A transcript of this evening’s hearing is being done by Karyn Chiusano of Diamond Reporting. Mr. Kevin Coakley Esq. began by giving a brief summary of the application before the Board. The applicant seeks Amended Preliminary and Final Site Plan Approval with Variances to add parking at 7 Giralda Farms. The Applicant, 7 Giralda Realty, LLC, proposes to add a total of 177 additional parking surface parking spaces (with a net increase of 175 spaces due to the addition of four barrier-free spaces resulting in a loss of two surface spaces), including 20 spaces at-grade along the existing loop driveway and 157 spaces in a new parking field located north of the office building, 131 feet from Loantaka Way. This new parking field is proposed to be graded 9 feet below existing grade to minimize visibility of parking from the public. Related landscaping, lighting and storm water management improvements are also proposed. Upon completion of the proposed improvements, the site will contain a total of 831 parking spaces, a net increase of 175 spaces for 202,000 gross floor area of office space. A total of 231 (28%) of these spaces will be surface parking. No expansion of the existing corporate office building is proposed. The application requires at least the following five variances: Maximum Parking, Maximum Surface 2 Planning Board July 16, 2019 Parking, Minimum Perimeter Buffer, Maximum Impervious Coverage, as well as a variance for shade trees within parking lots. The proposed improvements are being undertaken to facilitate marketing and occupancy of the existing office space. Mr. Coakley stated that he had five witnesses this evening, Brian Primost from Mack-Cali, David Simpson, Marketing Expert, Carl Pinkey, Traffic Expert, Joe Flemming, Engineer and Paul Phillips, Professional Planner. Mr. Brian Primost, Mack-Cali Realty Corporation, 210 Hudson Street, Jersey City was sworn in. He gave his qualifications to the Board and was accepted as an expert witness. He stated that Mack-Cali had purchased the property approximately two years ago. The first floor of the building is currently vacant, the second floor is completely occupied and the third floor has some vacancies. Mr. Primost stated that parking is a factor for most tenants seeking to occupy the building. Granting these additional parking spaces would definitely make a difference in finding a tenant for the empty office space. Mayor Conley asked the Board and its Professionals if they had any questions for Mr. Primost. Seeing none, he opened the floor to questions from the public. Mr. Richard Feldman, 146 Loantaka Way, inquired as to the details of the site plan proposed. Mr. Coakley provided a map for Mr. Feldman. Mrs. Gillian Small McNamara, 150 Loantaka Way, inquired about the occupancy of the building and the parking available to each tenant presently there. Mr. Primost stated that the parking on site meets the needs of the current occupants, however with the low amount of parking available this makes it a hard sell for any new tenants that may be interested in the site. Mr. David Simpson, Newmark Commercial Realty. Mr. Simpson gave his qualifications to the Board and was accepted as an expert witness. Mr. Simpson stated that the real estate market has changed drastically over the years. The change in real estate is showing more employees with less office space being utilized. Mr. Simpson reiterated to the Board that the leas ability of this building is not feasible without this additional parking variance being requested. Mayor Conley asked the Board and its Professionals if they had any further questions for Mr. Simpson seeing none, he opened the floor for questions from the public. Seeing none, that portion of the hearing was closed. Mr. Karl Pehnke, Langan Engineering, 989 Lenox Drive, Lawrenceville, New Jersey was sworn in. Mr. Pehnke gave his qualifications to the Board and was accepted as an expert witness. Mr. Pehnke testified on the parking and traffic assessment, dated April 2, 2019 that was prepared by his office and provided to the Board in the application package. Parking was discussed at length and Mr. Pehnke stated that with the additional 177 parking spaces this building would meet current industry standards for an office building of 202,000 square feet and meet the needs of any prospective tenant. There is no additional construction proposed for this site. Mr. Pehnke stated that the proposed improvement in parking would not result in additional traffic. Mayor Conley asked the Board and its Professionals if they had any further questions for Mr. Pehnke, 3 Planning Board July 16, 2019 Ms. Ehrlich asked Mr. Pehnke to provide to the Board the number of parking spaces proposed. Mr. Pehnke stated that the applicant is seeking to increase the total number of parking spaces on site from 656 to 831 for 177 new parking spaces. 20 of these parking spaces would be at grade while 157 would be in a new parking field nine feet below grade. Mayor Conley then opened the floor for questions from the public. Mr. Richard Feldman, 148 Loantaka Way, inquired as to the total number of parking spaces that would be available to the site with the additional 177 new parking spaces. Mr. Pehnke answered that the total number of parking spaces on site would be 831. Mrs. Gillian Small McNamara, 150 Loantaka Way inquired about the traffic pattern in and out of the site. Mr. Pehnke stated that the entrance and exit to the site would remain the same and no changes were being proposed. Mr. Joseph Fleming – 67 B Mountain Blvd. Warren, NJ was sworn in. He gave his qualifications to the Board and was accepted as an expert witness. Mr. Fleming offered testimony as to the existing site plan using Sheet C-3 last revised 5/22/2019. Mr. Fleming located the parking deck on the property, the driveways and the entrances. Mr. Fleming stated that the site plan in front of the Board this evening was to increase surface parking spaces and improve circulation in the existing parking garage. No building modifications have been proposed. Three bicycle racks have been provided. Pedestrian circulation was discussed along with the grading plan. Storm-water management was discussed with Mr. Fleming stating that step slope measure and water quality improvements include a detention basin and drywells. Page C-6 of the site plan was utilized in the continuation of Mr. Fleming’s testimony regarding the landscaping proposed for the project. The plant variety recommended for the project was discussed. Mr. Fleming stated that they will be working with an Arborist on this project. Site lighting was discussed next. Mr. Fleming testified that the lights would turn on at dusk and shut off at 10:00pm. Exhibit A-1: Visual Assessment View Key, Consisting of 5 Sheets was distributed to the Board members This exhibit was discussed at length showing the existing and proposed views of the site. The Engineering memo prepared by Frank Russo, dated June 12, 2019 was discussed with the applicant’s engineer stating that they would comply with all items on the memorandum. Dr. Susan Blickstein’s memorandum dated, June 4, 2019 was also discussed. The landscaping calculation was discussed and the need for additional trees was deliberated. The applicate agreed that additional trees and plantings would be planted to fill in the gaps along Loantaka Way. A revised landscape plan would be submitted. Mr. Flemming asked if electric charging stations had been considered. Mr. Fleming stated that they had not and the applicant would need to reconsider that option. 4 Planning Board July 16, 2019 Mr. Limbach asked how many feet the trees were apart. Mr. Fleming stated that the trees would be 12 feet apart and the evergreens would be planted 15 to 20 feet apart. Mr. Limbach stated that he would like to see more trees and some of the species changed. Mr. Fleming stated that an irrigation system is planned for the site and that an Arborist has been hired by the applicant to assist with the landscaping plan. Mayor Conley asked if the Board or its professionals had any further questions of Mr. Fleming, seeing none he opened the floor to the public. Mr. Richard Feldman, 146 Loantaka Way asked who would be held responsible if the landscape failed. Mr. Feldman was assured that Mack-Cali would be responsible. Mrs. Gillian Small McNamara, 150 Loantaka Way asked if the site had any parking issues at this time. Mr. Fleming stated that there were no parking issues at this time. The next witness this evening was Mr. Paul Phillips 33-41 Newark Street, Hoboken, NJ. Mr. Phillips provided his qualifications to the Board and was accepted as an expert witness. Mr. Phillips stated that all variances being sought with this application may be allowed under the C(2) standard for variance relief in the Municipal Land Use Law. The variances relate to the need for additional parking for the existing 200,00 square foot office building. The increase in parking is consistent with the Master Plan update of 2014. Mr. Phillips provided the variances that were being sought this evening on this application. He explained that a 6 ft. berm is being proposed along with new plantings along this berm. The surface parking will not be visible from Loantaka Way and the applicant has agreed to fill in the gaps on Loantaka Way with deciduous and conifer plantings. Mr. Phillips stated that the relief sought could be granted without a substantial detriment to the public good or the impairment to the zoning ordinance. Granting these variances to the applicant will allow the owner to attract new tenants to his office building and fully occupy the space. Mr. Phillips stated that each property in the Giralda Farms location is unique and this application would not have a negative effect or impact on any neighboring owner or occupant of the Giralda Farms Complex. Mayor Conley asked the Board and its Professionals if they had any further questions of Mr. Phillips, seeing none he opened the floor to the public. Seeing none he closed that portion of the hearing. At this time Mayor Conley opened the floor for comments from the public; Mr. Richard Feldman, 146 Loantaka Way was sworn in. Mr. Feldman stated that when Giralda was first built, it was considered a Corporate Campus; there was to be less cars, less traffic and plenty of green space. However, now Giralda is eroding with the increase of development on the site. Ms. Gilliam Small McNamara, 150 Loantaka Way, was sworn in. She presented a photo to the Board, dated January 14, 2019, which was taken from her front yard. She is concerned with additional traffic resulting from the expansion of parking on this property. 5 Planning Board July 16, 2019 Mr. Coakley gave his closing summary to the Board. The Board began its deliberation. Mr. Vince Loughlin, Board Attorney, provided a summary of conditions for the resolution. A motion to approve the application with the conditions provided by Mr. Loughlin was made by Ms. Ehrlich, seconded by Mr. Flemming and the following roll call was recorded: “Ayes” – Ms. Baillie, Mr. Flemming, Ms. Ehrlich, Mayor Conley, and Mr. Limbach “Nays” – None “Excused” –Mr. Forte, Mr. Lewis, Mr. Tombalakian, and Ms. Huber OLD BUSINESS – None PLANNING DISCUSSION – 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 10:06 pm.; seconded by Mr. Forte. A voice vote of “aye” was heard by all members present and carried. Respectfully submitted, Frances Boardman Board Secretary 6