Zoning Board of Adjustment

MINUTES BOROUGH OF MADISON ZONING BOARD OF ADJUSTMENT Special Meeting, Monday, November 4, 2013 at 7:30 P.M., Hartley Dodge Memorial, 50 Kings Road, Madison, New Jersey 1. CALL TO ORDER BY THE CHAIRPERSON 2. ANNOUNCEMENT OF NOTICE (STATEMENT OF COMPLIANCE) A special meeting of the Borough of Madison Zoning Board of Adjustment was held on Thursday, November 4, 2013 at 7:30 pm in Room #140 of the Hartley Dodge Memorial Building, located at Kings Road, Madison, NJ. Joseph Santoro, Chairperson opened the meeting and requested the reading of the public meeting notice as follows: “Let the minutes reflect that adequate notice of this meeting has been provided in the following manner: On October 10, 2013, a special meeting was scheduled and a notice was posted at the bulletin board at the main entrance of the Hartley Dodge Memorial Building, was sent to the Madison Eagle and the Daily Record, and filed with the Borough Clerk, all in accordance with the “Open Public Meetings Act.” PRESENT: Mr. Blair, Mrs. Driscoll, Mr. Lami, Mr. Santoro and Mr. Hess ALSO PRESENT: Gary Hall, attorney for the Board Berge V.Tombalakian, P.E, Boswell Engineering, for the Borough Susan G. Blickstein PP, Planner for the Borough Jeffrey Morris, P.E. Boswell Engineering, for the Borough EXCUSED: Ronald Poeter and Susan Niculescu RECUSED: Toni DeRosa ABSENT: Kyle Wickman 3. NEW BUSINESS: None 4. OLD BUSINESS: CASE NO. Z 13-036 TIRO ASSOCIATES, LLC Block: 1803, Lot: 16 134 Main Street Applicant requesting (D) variances to permit a one-story proposed bank with drive thru and a one story retail building as well as preliminary and final site plan approval with necessary (C) variances along with any related approvals on property in the CBD1 (Central Business District 1) Zone. Barry R. Mandelbaum, attorney for the applicant was present and began by calling Mr. Roberts. Mr. Roberts had testified at the last meeting and summed up his last testimony as follows: That the proposed Bank Building be a minimum of two stories, Special Meeting ZBA – 11/4/13 Page 1 width of the driveway was discussed, signage relief issues were discussed. He reviewed all of the issues that were discussed at the last meeting. The side street will be utilized for relief of the traffic flow. A discussion was had regarding a two story building versus a one story building and where it would be located. Parking was also discussed with regard to the two versus one story building and what parking arrangements would be beneficial. Investors Savings would be the tenant and will relocate from another area in town so that a drive thru can be utilized. Mr. Roberts and the Board continued the discussion with regard to the above items. Mr. Mandelbaum asked Mr. Roberts if he considers the location the downtown area. Mr. Roberts stated he believes the location is changing and the applicant is attempting to form a unified downtown area. Susan Blickstein questioned Mr. Roberts as to other plans that were discussed in lieu of what has been presented. She also stated that she has not reviewed the site plan to date and she is not entirely comfortable at this point. Mr. Santoro brought up the fact the he received an email from Robert Vogel, Borough Engineer, and he would like to discuss the easement. Mr. Mandelbaum used an Aerial of Main Street Exhibit to depict the Easement. At this point, the public was given the opportunity to question Mr. Roberts as follows: Toni DeRosa, 9 Alexander Avenue, asked how having 2 parking lots connected would affect Alexander Avenue. Mr. Roberts explained what would take place both positive and negative. He could not explain how the traffic flow would occur and how customers would enter and exit. Eric Range, Chairman of the Downtown Development Commission interjected with a comment. Jelena Balorda-Barone, P.E., with Maser Consulting, gave her qualifications and was accepted by the Board as a qualified Engineer. She continued by describing the location and what presently exists at the location (CBD zone). A one story structure presently exists on Alexander Avenue. A – 11 Dimension of Layout Plan, dated 8/12/13 A meeting was had with several neighbors and suggested changes were made to the plan. She continued by describing the exhibit showing the accesses, where the buildings will be located, and stated that no loading is proposed for this site. Belgium block curbing and new sidewalks are planned, and the exterior of the buildings will match Walgreen’s exterior. The Alexander side frontage will match the street and sidewalk pavers. Several trees will be preserved, including maples and walnuts, and new plantings will be in the same area of the trees’ location. Light fixtures will match those that are presently on Main Street and also in the parking lot and they will be 100 watt fixtures. The Impervious Coverage is presently 36,500 sf and will be reduced to 28,000 sf. She stated all changes will be an improvement to the site as it presently exists. Special Meeting ZBA – 11/4/13 Page 2 Susan Blickstein had several questions regarding the lighting on site and their light levels. She suggested the levels be brought down at the hot spots. She also was concerned with the height of the poles and stated if they were reduced, some of the spillage would be eliminated. Mr. Santoro suggested that the applicant look at some of the other Banks’ lighting fixtures in that area, and consider those styles. Ms. Balorda- Barone stated that the applicant would look at a more traditional fixture. In the Shade Tree Commission’s letter, all of the items depicted in the letter were addressed. Susan Blickstein went back to question the site lighting time schedule. Ms. Blickstein questioned the condition of the existing sidewalk and the striping of the crosswalk. The existing pavers were questioned and Ms.Balorda-Barone stated they are attempting to save the existing trees. It was agreed that a scored concrete sidewalk will be installed and some lawn will be kept. Mr. Santoro asked both Mr. Tombalakian and Ms. Blickstein if storm water would be addressed. Mr. Tombalakian stated that most of the site is paved and the applicant has addressed his suggestions. Some reductions and improvements are being made by the applicant. A highway access permit from the DOT has been approved and issued to the applicant. Mr. Blair pointed out that Enterprise has grassed areas in the front and the Bank proposes boxed pavers around the trees. Ms. Blickstein stated she will look at this issue. The public was given the opportunity to question the witness as follows: Tony Hipple, 15 Alexander Avenue, was concerned regarding the 33 parking spaces and would a 2 story building cause an overflow of parking on Alexander Avenue. Carol Castellano, 23 Alexander Avenue questioned the light fixtures. Toni DeRosa, 9 Alexander Avenue, was concerned with the Temporary Irrigation System, she stated that the landscaping is of a concern with beautiful plants and how will the side door on Alexander Avenue will be utilized. Ms. Balorda-Barone stated it is only an additional exit. Maurice Rashed, Maser Consulting, Traffic Engineer gave his credentials and he was accepted by the Board as a qualified expert. Mr. Mandelbaum asked Mr. Rashed to give several references of projects performed by his firm and also what studies were performed for this project and he did so. He stated the levels of service on the driveway and Main Street is very desirable. Truck turnings were analyzed. Trip generations were performed and Mr. Rashed discussed this study and stated comparisons were performed with restaurants, a supermarket, and a 12,000 sf shopping center. He believes the proposed bank and retail have far less lower levels of trip generators. He continued stating banks today no longer generate the amount of trips as in the past. He reviewed some of the data which was collected from his study as per Mr. Santoro’s request. Special Meeting ZBA – 11/4/13 Page 3 Mr. Hall had several questions, ie. stacking and trip generation. A discussion continued with regard to the entry and exiting of cars to and from the site between Mr. Rashed, Mr. Santoro, Mr. Lami and Ms. Blickstein. Mr. Blair and Ms. Driscoll both had suggestions for changes to the exits from the Bank. Mr. Rashed explained why these suggestions would not be beneficial to customers. Mr. Tombalakian had several requests regarding the traffic flow in and around the location. He also requested that Mr. Rashed insure that all changes be made to the reports and plans. He questioned the length of the crosswalk and asked if space for signage be provided. Mr. Rashed asked Mr. Santoro if he could work with Mr. Vogel with regard to these issues. Mr. Santoro agreed he should do so. Ms. Blickstein requested Mr. Rashed take information from other branches in the area. The discussion continued regarding cuing and traffic flow on site. Mr. Rashed stated he would consider the Board’s suggestions by installing a crosswalk to link access. The public was given the opportunity to question Mr. Rashed as follows: Tony Hipple, 15 Alexander Avenue, questioned a two -story building and what affect it would have on traffic. Both Mr. Rashed and Ms. Blickstein explained how it would affect traffic and parking. Mr. Lami gave his impressions as to how this project would affect the public. The Board took a break at 9:37 and returned at 9:50. The Downtown Development Commission (DDC) consisting of Russell Stern, Craig Erezuma and Eric Range were sworn in. Russell Stern, Vice President began by stating this is the first time that his group has come before the Board. He stated that the DDC is a diverse group of members representing Madison. The DDC is in support of the application including the drive- thru. He stated the Site Plan has significant room for improvements, ie. treatment of drive thru and Alexander Avenue. The DDC supports the extension of development to Alexander Avenue. Mr. Stern stated all of the items that the group supports and he discussed the height of the lighting and suggested more vertical mass on the structure be provided. He commented on the setback of the building and he stated that landscaping should be of quality. Several other items such as the trash enclosure and its construction, an outdoor seating area should not be entertained. Mr. Lami asked if there is any other way to develop this site. Mr. Erezuma stated that this piece of property is very important to the streetscape and the Gateway to Madison. Ms. Driscoll stated she does not believe this development fits into the rest of Main Street, that it is not aesthetically quaint and hometown. The DDC members agreed they do not exude downtown Madison however, they represent this era of time. Further conversation incorporated several other suggestions of design and what should be developed in that area. Ms. Blickstein brought up the fact that Enterprise has not adhered to their streetscape improvements and will most likely do so. Mr. Mandelbaum asked if the DDC be available to the applicant’s Planner along with Ms.Blickstein. Special Meeting ZBA – 11/4/13 Page 4 B – 5 Memo from Susan Blickstein Planning Consultant Mr. Mandelbaum stated that there are two more witnesses that will testify. Meanwhile, several of the members of this group can meet. Mr. Hall stated that this application be continued on December 12, 2013 when the applicant returns with several revised documents. Paul Allocco, Greenwood Avenue asked why the design of the building can blend in with other banks in the area. 5. ADJOURNMENT: The meeting was adjourned at 10:28 pm by a motion made by Mr. Blair and seconded by Mrs. Driscoll. Respectfully submitted, Lorraine Sola Recording Secretary Special Meeting ZBA – 11/4/13 Page 5