Zoning Board of Adjustment

MINUTES BOROUGH OF MADISON ZONING BOARD OF ADJUSTMENT Regular Meeting, Thursday, December 12, 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 regular meeting of the Borough of Madison Zoning Board of Adjustment was held on Thursday, on December 12, 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: At the Reorganization Meeting of the Board, held on January 10, 2013, the Board, by resolution adopted a schedule of meetings. On January 11, 2013, a copy of the schedule of meetings 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. 3. ROLL CALL PRESENT: Joseph Santoro, Ronald Poeter, Diane Driscoll, Mike Lami, Carl Hess and Kyle Wickman and Timothy Blair EXCUSED: Toni DeRosa and Susan Niculescu ALSO PRESENT: Gary Hall, Board attorney and Susan G. Blickstein, PP Jeffrey L. Morris, P.E., Boswell Engineering 4. PLEDGE OF ALLEGIANCE 5. RESOLUTIONS FOR MEMORIALIZATION: None 6. NEW BUSINESS: CASE NO. Z 13-055 William Stroker Block: 603, Lot: 16 20 Hoyt Street Applicant is seeking permission to construct a 2nd Story Addition with Porch Overhang over Existing Garage in an R-3 (Single-Family Residential) Zone requiring relief from Minimum Front Yard Setback and Maximum Principal Building Coverage. William Stroker and his architect, Paul Axelsen were sworn in the following exhibits were marked. ZBA Regular Meeting 12-12-13 Page 1 B–1 Letter of Denial from the Borough of Madison Deputy Zoning Officer Mr. Dan Buckalew, dated 10/24/13 A–1 Copy of survey dated 8/13/13 A–2 Prior survey dated 3/16/13 A–3 Plans prepared by Mr. Paul Axelsen, Architect Mr. Stroker began by explaining how long he has lived in Madison and stated that at this point in time the house has two side yards. The addition will be a study for himself and his wife. Mr. Axelsen continued by describing the lot as being unbuildable lot. He passed around several photos of the property. The size of the addition is 220 square feet and will be erected on top of the garage. Two variances are being requested; front yard setback and principal building coverage which consists of a small overhang over the garage. This overhang is 20 square feet. A small shed in the rear of the property will be moved to the opposite corner of the property. A covered storage area is behind the garage, and it has been there since 1967 and it was moved approximately 8 feet from Westerly Avenue. It is 8 feet wide and 20 feet long and 8 feet will be removed from the length. The addition will be 16.3 feet. Mr. Axelsen stated if any of the Board members had questions regarding the layout of the addition, he will gladly answer them. The Board had no further questions and the public was asked if they had any questions. There being none, the Board began their deliberation. The consensus of the Board was to approve the application with the condition and changes to the plans as discussed. A motion to approve the application was made by Mr. Lami and seconded by Mr. Poeter. AYES: Mr. Blair, Mrs. Driscoll, Mr. Lami Mr. Poeter, Mr. Santoro, Mr. Wickman, and Mr. Hess. 7. 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 Mandelbaum, Mandelbaum and Salsberg, Esq. began by stating that the applicant would like to proceed with the variances and Site Plan portions of the application. The Downtown Commission has had input regarding this application. All of the experts are present tonight. ZBA Regular Meeting 12-12-13 Page 2 Mr. Gary Hall reviewed the application and what took place to date. He stated this application is for a Use Variance, Bulk Variance and has several Design Waivers. He stated the Board should consider whether the use proposed is appropriate for this site. A – 16 Revised Plan, 10 sheets prepared by Maser Engineering, dated 11/26/13, A – 17 Revised Architectural Plans, A1 thru A-9 A – 18 Revised Sign Drawings, Image One Industries, 1- 12, dated 12/2/13 B–6 Updated Memo, dated 12/10/13 from Susan Blickstein B–7 Engineering Memo, 14 pages Mr. Mandelbaum, utilized Exhibit A – 16 and called Mr. Joe Valente, Sr. VP, Corporate Services to testify, he was sworn in and gave his credentials. Mr. Valente explained the reasons why Investors has proposed this location. A drive-in is planned and he believes in the winter weather clients do not want to leave their vehicles to make deposits and withdrawals and it would be a convenience. He stated the average branch size is valued at $90 million dollars. The Chatham branch has similar demographics as Madison and has a drive-thru at this branch. He stated that his organization has had several meetings and all of the suggestions made by the Board were considered and incorporated into this proposed plan. The existing branch is approximately 2,000 square feet and the proposed branch is 3,000 square feet. Mr. Valente stated that any trucks visiting the site are small vehicles. There are approximately 3 tellers at the branch daily. Mr. Santoro suggested that the ATM be installed in the lobby of the building. Mr. Valente gave his opinions regarding this scenario and lighting would be a factor. Mr. Santoro suggested that the Board would like to see how the side ATM building will appear. Ms. Blickstein asked how flexible is the Bank in the design of their signage, and he stated they are flexible. Mr. Hall asked Ms. Blickstein to review one of the signs. Karen Luongo, Architect, New Providence, N.J. was sworn in and stated that she has planned over 20 branches for Investors Savings. Ms. Luongo answered Ms. Blickstein’s question regarding the lighting for the ATM signage. The Board opened the meeting to questions from the public, their being none, Ms. Luongo was ready to testify. A-17 was utilized to review the architectural aspect of the application. She continued by stating she sat down with all of the Borough professionals and then returned to the drawing board to address their suggestions. The site location is a CBD zone, a gateway, has a shopping center across from the location, etc. The Master Plan goals were acknowledged and the two-story structure was divided into two buildings which allowed many of the primary goals to be attained and the Board’s suggestions also attained. The curb cut on ZBA Regular Meeting 12-12-13 Page 3 Alexander Avenue was reduced; the façade heights were raised and are similar to what is presently along the downtown area streetscape. She believes this solution of the two buildings more closely fits the overall goals that the Board wants to achieve. The pavers are brought up to the corner finishing off the streetscape. A – 19 Three Dimensional Colored Rendering of the Proposed Building A – 20 Bank Floor Plan, dated 12/26/13 Ms. Luongo reviewed A-19 and A-20. She stated some of the design elements were changed in accordance with the Boards’ suggestions. She described the entrance to the Bank having a community wall and containing a graphic. A walk- up ATM is proposed for the bank’s vestibule. The drive-thru was discussed and how it would be approached by a customer. She stated as you approach the site it is virtually not visible from the street and is screened by adjacent buildings. The main entrance is recessed. The canopy will match the materials on the main building. Ms. Blickstein requested that Ms. Luongo discuss the height of the building, the highest point being 21.6 feet. A – 21 A - 7 A – 22 Retail Bank Building A – 23 Sight Line at Retail Shop and Sight Line at Bank She continued by discussing A – 22 and 23 stating all the electricals are underground. She used the Jaquar Building as an example. The site is a gateway and transition site, and she believes this location is a bit unusual. The canopy signage is being changed from what was presented previously; an 18 inch size letter will be utilized instead of a 24 inch letter. A – 24 Sheet 9 of 10 An Irrigation System is planned for this location. Plants should be replaced if they do not survive after two years and maintained for life. A discussion took place regarding the drive-thru and how to screen it from the street and the materials that would be used on the canopy. Jelena Balorda-Barone, P. E., Maser Consulting, was sworn in at a previous meeting and she began discussing the changes that were suggested by the Board. These changes were with regard to the flow of traffic, and greenery and landscaping in and around the bank area. Two benches were added to the front and northeasterly side of the Bank. There is a fence which is owned by the neighboring homeowner. The sidewalk will be extended for pedestrians to walk along the parking lot area. A – 25 Plans prepared by Jelena Balorda-Barone, P.E. Board members had several suggestions regarding the circulation around the bank. Ms. Blickstein stated there is a lot going on in that parking lot. There are 35 parking spaces in the lot. Ten spots are allotted for customers and the ZBA Regular Meeting 12-12-13 Page 4 employees will have designated parking spaces. There are 9 spaces in the rear of the bank. Mr. Morris stated both areas are to be considered with regard to the parking and handicapped spaces. Mr. Santoro prefers the handicapped spaces be located between the two buildings. Mr. Morris stated there are numerous conflicts with regard to the flow of cars in the parking area, egress and access areas. Mr. Lami had a suggestion to resolve this problem. Ms. Balorda-Barone suggested that the Traffic Engineer discuss this topic. Ms. Blickstein gave her input to the situation being that the Board does not know who the tenant will be in the retail space. A – 26 Landscape Plan prepared by Jelena Balorda-Barone, P.E Ms. Balorda-Barone continued by discussing the drainage on site. The drainage was reduced. The neighbors’ property has some ponding issues on their property. The applicant would re-grade the neighbors’ property to rid them of the ponding by constructing an inlet. Mr. Morris requested a solution to divert the water across the apron and out to the gutter. Ms. Balorda-Barone agreed to this suggestion. The roof drains will be tied into the Alexander Avenue drainage and Mr. Morris will look into the requirements from the County. Mr. Santoro questioned the treatment around the trees in the front. Ms. Balorda- Barone utilized A – 26, Sheet 8 to review the lighting on the site. She stated that at the residential property line, the lighting measures zero foot candles. In the front, the height of the fixtures will be reduced and are the same as the ones used at Walgreens. She discussed the spillage and how it would affect the surrounding buildings. The timing of the lighting in the front and rear of the buildings was discussed. The lights will be on timers. Ms. Blickstein had several questions regarding the lighting on site and so did Mr. Morris. He stated he would not want more lighting on the site and with the small parking lot, minimal is sufficient and there is a balance on the applicants’ plan. The Landscaping Plan was discussed as to what types of plantings will be installed. Ms. Blickstein was concerned with the loss of some of the plantings when the parking lot is designed. A well placed trash receptacle is suggested and different species of trees are suggested by Ms. Blickstein. The Board took a break at 10:03 pm and returned at 10:14 pm The public was now given the opportunity to question the Architect and then the Engineer as follows: Toni DeRosa, 9 Alexander Avenue wanted to know what type of lighting would be on Alexander Avenue. Ms. Balorda-Barone stated that a street light will be added on Alexander Avenue. An existing telephone pole will stay and in addition a light will be added on Main Street similar to those in Town. She questioned the curbing around the island. She questioned the Landscaping along Alexander Avenue and asked if fencing be added so the cars coming out of the site towards the drive-thru are not so visible. Mr. Lami suggested playing with the landscaping with height to make it aesthetically pleasing rather than a ZBA Regular Meeting 12-12-13 Page 5 fence. She questioned the height of the canopy. Ms. Luongo stated that everything under the canopy is open. How many lights are in the canopy? There are four lights. Ms. DeRosa stated there are banks in Town who do not have canopy lights visible at night. Mr. Santoro suggested that the Engineer, Mr. Morris verify this issue. A clarification would be required as to what is being proposed. Russell Stern, Chairman, Downtown Committee questioned the lighting on Main Street and are they high pressure sodium, difference in fixtures. Why was the street lighting continued down Main Street? Ms. Balorda-Barone stated the applicant is mimicking Walgreens and she does not believe it is more intense. Will trash receptacles be planned? Ms. Blickstein requested two receptacles. He also was concerned about the view from Alexander Avenue, and asked if the ATM can be screened. Mr. Hall asked if there can be some low level landscaping. The applicant agreed to this request. Leland Cyprus was suggested and Mr. Stern asked how long will it take for the Leland Cyprus to grow to be able to screen the area. A few years were the reply. A discussion took place between Mr. Santoro and Ms. Blickstein regarding the lighting. The applicant prefers the metal halite. Ms. Luongo now began to discuss the signage. She stated is comprised of three components. The Bank has standard signage and it is 4’.6” in height. It is low intensity and subtle in illumination. Modifications can be made to the standard signage. The ordinance does not allow free-standing signs. Ms. Blickstein gave her input as to what she believes in character. Mr. Santoro believes that a monument sign is not needed. Directional signs were now discussed. There are several which the height was dropped on these signs. Ms. Luongo reviewed these individually, how the changes affected them. Ms. Blickstein had no problem with these signs which are 12” higher than what is allowed. The bezel was discussed, what it is com-prised of, color, and finish. Signs 9 and 10 were discussed, color, finish, size and illumination. Signage continued to be discussed on the retail building. Two retail signs are proposed and not illuminated. Ms. Blickstein suggested the rear signs be smaller, reduced to 10 square feet. Ms. Luongo made a suggestion for the monument sign. The Board does not prefer to have this signage, it is not a hardship. Mr. Santoro suggested the Board reflect on this issue. It was agreed that a Traffic Engineer has to testify along with the signage issues at the next meeting. A special meeting was scheduled for January 13, 2014 if needed to finalize this application. A motion to approve this date was made by Mr. Lami and seconded by Mr. Blair. A voice vote of aye was heard from all members present on the Board in favor of the motions. ZBA Regular Meeting 12-12-13 Page 6 9. OTHER BUSINESS: None 10. ADJOURNMENT: The meeting was adjourned at 11:25 with motions from Mr. Poeter and Mr. Lami. Respectfully submitted, Lorraine Sola Recording Secretary ZBA Regular Meeting 12-12-13 Page 7