Zoning Board of Adjustment

MINUTES BOROUGH OF MADISON ZONING BOARD OF ADJUSTMENT Special Meeting, Monday, January 13, 2014 at 7:30 pm Hartley Dodge Memorial Building, 50 Kings Road, Madison, New Jersey 1. CALL TO ORDER BY CHAIRPERSON 2. ANNOUNCEMENT OF NOTICE (STATEMENT OF COMPLIANCE) A special meeting of the Borough of Madison Zoning Board of Adjustment was held on Thursday, Monday, January 13, 2014 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 its regular meeting held by the Borough of Madison Zoning Board of Adjustment on December 12, 2013, this special meeting was scheduled and the 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.” 3. ROLL CALL: PRESENT: Mr. Santoro, Mr. Lami, Mr. Poeter, Mr. Blair, Mrs. Driscoll, Mr. Wickman and Mr. Hess ALSO PRESENT: Gary Hall, attorney for the Board, Peter C. Ten Kate, P.E, Susan Blickstein, Planning Consultant EXCUSED: Mrs. DeRosa and Mrs. Niculescu Kyle Wickman was read the Oath of Office by Gary Hall appointing him as a Alternate Board member for a four year term. A voice vote of aye was heard from all Board members in approval of this appointment. 4. PLEDGE OF ALLEGIANCE 5. NEW BUSINESS – None 6. 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 ZBA SPECIAL MEETING 1-13-14 Page 1 approval with necessary (C) variances along with any related approvals on property in the CBD1 (Central Business District 1) Zone. A – 29 Traffic Report prepared by John Jahr, Traffic Engineer A – 30 Drawings rev. 12/18/13, Maser Engineering A – 31 Revised Architectural Plans, Kapucinski and Luongo A – 32 Revised Plans from Maser Consulting B – 8 Memo from Peter C. Ten Kate, P.E., Boswell Engineering B – 9 Memo from Susan Blickstein, PP Craig Alexander, attorney from Mandelbaum and Salsburg began the meeting and Jalena Balorda- Barone, Engineer was ready to testify and began to review her revised plans point by point as per the Board’s instructions. Most of the changes were suggestions made by the Board at the last special meeting in December. She also reviewed the drainage which was discussed at the last meeting and the changes that were made. Mr. Ten Kate asked that his office receive the revised plans. He suggested that all the drainage remain on the applicant’s property and the applicant agreed to do so. Also suggested that the abandoned culvert be investigated and the applicant agreed to do so. The lighting was discussed and the type of fixture which was being utilized. Ms. Balorda-Barone stated an analysis was performed and the fixtures being used were in conformance and a variance is being requested for the spillage. Mr. Santoro questioned the lighting at the ATM and she stated this was the standard at the ATM. Mr. Ten Kate requested to see a model of the fixtures around the ATM. There will be a reduction in lighting after hours and Mr. Ten Kate stated the Board should agree upon a reduction and the police should monitor this reduction. Mr. Ten Kate suggested that adjustments be made after installation if necessary and the applicant agreed. Landscaping was discussed next. Shrubs were added along Alexander Avenue near the turn for the driveway. Landscaping was reconstructed around the islands. Irrigation will be provided within the property. Several bushes and lawn will be installed along the sidewalk on Alexander Avenue. Two trash receptacles will be stationed near the entrance and in an area that will not block sight of vehicles. Two benches will be located in the front of the bank building. Ms. Blickstein stated that the applicant consult with the Shade Tree Committee with regards to existing trees and plantings on site. The handicapped spaces have to be located closest to the door. The meeting was open to the public as follows: Carol Castellano, 23 Alexander Avenue questioned the style of the lamps similar to Walgreens. Ms. Balorda-Barone answered they were not similar, however, same as was proposed and are 10 feet in height. Toni DeRosa, 9 Alexander Ave., questioned the light falling length. ZBA SPECIAL MEETING 1-13-14 Page 2 John Jahr, Traffic Engineer was sworn in and gave his qualifications. The Board accepted his qualifications as a qualified professional. Mr. Jahr began by stating that only one minor change was made to the original document. The NJDOT will receive this document after the Board’s review and a final NJDOT permit will be issued after the Board’s approval. He discussed the public’s expectations of parking and circulation on site. He stated his plan will have as few conflicts as possible in the parking area. He stated that had a discussion with the Borough Engineer. He used the Chatham location to perform a short study and car count. The results were that 21 vehicles utilized the drive-thru from 9 am to 1 pm. A total of 30 vehicles utilized the parking lot during that time. He recommended five spaces furthest from the building should be reserved for the employees. Ms. Blickstein stated she wanted to make sure that the retail be limited to certain types of businesses that will not generate heavy traffic especially on Saturday. Mr. Alexander stated that the lease does restrict the types of use. Ms. Blickstein does not agree with these restrictions. Food, hair and nail salon, bar, convenience store, market, medical office, offices should be restricted. Mr. Santoro wants the exit turn making a left restricted. The applicant would be glad to adopt Title 39, if the police department agrees. The public was given the opportunity to question the witness as follows: Carol Castellano, 23 Alexander Avenue ,asked if the raised curb curved to the right, that has been done, and will a children’s party place be restricted in the retail building, the answer was no. Karen Luongo, AIA was ready for testimony and stated that sconces were the only change that was required from her plans. All the mechanicals are screened by the parapet wall. The ATM is serviced once a week. The signage had a few changes: monument reduced to 4’6” x 3’4”. The ATM sign has been reduced, The ATM surround has been changed to a less visual marketing, size of retail signs have been reduced to 10 square feet each, one in back and one in front. A discussion took place as how can conditions in Resolutions be monitored. It was suggested that the neighbors follow the construction and if the plans are not being adhered to, they can contact the Borough Engineer’s office. The public was given the opportunity to question the witness as follows: Toni DeRosa, 9 Alexander Avenue questioned the size of the canopy lights and what the Ordinance permits. Ms. Luongo believes it is within the parameters that are allowed under the Ordinance. Break was taken at 9:29 and the Board returned at 9:35. Next witness is David Glynn Roberts, Planner. He began by describing the Zoning Map and why the Bank is requesting this location. This location is where the zone comes closest to Main Street. He continued by stating this proposed project completes the businesses that run along Main Street to Alexander ZBA SPECIAL MEETING 1-13-14 Page 3 Avenue. His testimony reviewed all aspects of the project including signage, and believes the bank has a unique design. No questions from the Board or other professionals, the Board began their deliberation. Mr. Alexander summed up his presentation by thanking the Board. The public was given the opportunity to make a statement to the Board as follows: Carol Castellano, 23 Alexander Avenue wanted to express her gratitude for the Board’s responsiveness. Toni DeRosa, 9 Alexander Avenue, made a statement with regard the development of the site which she believes needed an upgrading and thanks the Board and is still concerned with the retail portion of the site. The public portion of the meeting was closed and the Board began their deliberation. Mr. Hall reviewed the conditions which will be included in the Resolution as follows: ● Improve the storm-water issue,● check the abandoned culvert and investigate as to an easement. ● Further modeling for the lighting. ● Identify the time when lights shut down after hours and confer with police department. ● A 6 month review of lighting and its operation. ● Installation of irrigation system. ● Confer with Shade Tree Commission regarding several landscaping issues ● Use limit for the retail space no office, no 2nd bank, medical office, nail, etc., ● Investigate as to whether the Borough Council will adopt a no left turn ordinance ● Title 39 be overseen by the Borough ● No stop in phasing construction ● Limit rear retail signage ● One story only for buildings The Board began their deliberation. The consensus of the Board was to approve the application as presented with the above conditions. Motion to approve the application with the conditions discussed was made by Mr. Lami and seconded by Mr. Hess. AYES: Mr. Blair, Mrs. Driscoll, Mr. Lami, Mr. Poeter, Mr. Santoro, Mr. Wickman and Mrs. Hess. 7. ADJOURNMENT: The meeting was adjourned at 10:35 pm with motions made by Mr. Lami and seconded by Mr. Wickman. . Respectfully submitted, Lorraine Sola Recording Secretary ZBA SPECIAL MEETING 1-13-14 Page 4