Zoning Board of Adjustment

MINUTES BOROUGH OF MADISON ZONING BOARD OF ADJUSTMENT Regular Meeting, February 11, 2016 at 7:30 P.M., Hartley Dodge Memorial, 50 Kings Road, Madison, New Jersey. 1. CALL TO ORDER BY CHAIRPERSON 2. ANNOUNCEMENT OF NOTICE (STATEMENT OF COMPLIANCE): A regular meeting of the Borough of Madison Zoning Board of Adjustment was held on Thursday, February 11, 2016, at 7:30 pm in Room #140 of the Hartley Dodge Memorial Building, located at Kings Road, Madison, N.J. Joseph Santoro, Chairman opened the meeting and requested the reading of the public notice as follows: “Let the minutes reflect that adequate notice of this meeting has been provided in the following manner: On January 15, 2016, a copy of the scheduling of this meeting 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, Toni DeRosa, Timothy Blair, Helen Kaar, Melissa Elias, Roger Paetzell, Anne Lawless, and Mary Sue Salko Recused: Diane Driscoll Also Present: Gary Hall, Zoning Board attorney Frank Russo, P.E., Engineering Consultant Susan Blickstein, Planning Consultant 4. PLEDGE OF ALLEGIANCE 5. MINUTES FOR APPROVAL: The minutes from the Special meeting held on January 11, 2016 were distributed to all board members prior to this evening’s meeting. Several revisions were noted by Ms. Elias to these minutes. A voice vote of aye was heard from all eligible voting Board members in favor of the minutes with the recorded changes from this evening. 6. RESOLUTIONS FOR MEMORIALIZATION: None 7. NEW BUSINESS: CASE NO. Z 15-016 34 Walnut Street, LLC Block: 1601, Lot: 41 34 Walnut Street Applicant is seeking permission for Preliminary and Final Site Plan and Use Variance to construct 11 townhouse condominium units in two separate buildings in an R-4 (Single/Two Family Residential) Zone. A transcript of this meeting is being prepared by Iris LaRosa, CSR - Veritext Reporting. ZBA Special Meeting 1-11-16 Page 1 Mr. Hall, Borough Attorney, made comments to the Board members summarizing this application. He stated that the application needs a “Use” Variance (D Variance). This site is in the R4 (Single Family or Two-Family Residential) Zone. Five “aye” votes are necessary for this D variance to be approved. Mr. Hall summarized the positive and negative criteria which should be presented to overcome the use issue. Mr. Coviello, Esq, the applicants attorney also made a few comments. He advised the Board that this was the second meeting for the application of 34 Walnut Street, LLC. A transcript of the first meeting held on January 11, 2016 was provided. At the January 11, 2016 meeting the applicant presented an 11 condominium-unit project. After that meeting the applicant and the development team took into consideration many of the comments made by the Board and modified the application to reduce the number of proposed townhouses to 10 units. 8 Units will be sold at market value and 2 units will be subject to COAH requirements. Of the eight sellable units, only six will be sold and two will be retained by the members of the LLC. Mr. Coviello explained to the Board that he had three experts ready to testify this evening. Ms. Doughtery, the Architect, who made revisions to the plans for the proposed townhouses, Mr. Clarke who would describe the site plan and landscaping, and Mr. Michael Tobia, Planner. Mr. Coviello also stated that Mr. Joseph Steiger had submitted a revised traffic study submitted on January 18, 2016. The following was marked into evidence: A – 10 Set of three sheets prepared by Studio 100, dated February 10, 2016 Mr. Coviello explained that the first sheet simply describes what types of cars will fit in the proposed garage and a magnified version of the first and second floors with the increase of size for each unit. At this time Ms. Marianne McConnell, 143 Ridgedale Avenue inquired as to why these new plans were not provided to the Board office ten days prior to hearing. Mr. Coviello stated that these plans were dated February 10, 2016. Mr. Hall told Ms. McConnell that plans are revised all the time. A-11 Site Plan Exhibit, dated February 11, 2016 Mr. Coviello informed the Board and the public that the architectural drawing shows the increase in the size of the unit. Mr. Clarke, remaining under oath began his testimony. Mr. Wayne McCabe asked the Chairman to have the easel moved so that the public could see the exhibit. The easel was moved for the convenience of the audience. Mr. Clarke began to outline the site plan exhibit; he explained that one complete unit had been eliminated in the rear of the building. The rear unit now has five units compared to six units that were on the original plan. Each unit was increased in size by 9 inches. The parking lot slid forward just under eight feet towards Walnut Street. A 12’ x 12’ garbage/recycling enclosure has been added at the end of the drive aisle. After some discussion at the last meeting about landscaping, our landscape designer met with a representative from the Shade Tree Commission on the property. It was determined that the rear of the property will remain in a natural state Pedestrian circulation was discussed and it was determined that the best opportunity to provide a safe passage was to place a sidewalk along the southerly boundary by the Civic Center. In placing the sidewalk closer to the five foot boundary, a variance would be required. An Arborvitae hedge row ZBA Special Meeting 1-11-16 Page 2 will be planted along the northerly boundary to help buffer any concerns from residents about headlights from the parking area. The mature holly tree in the rear of the property will possibly be relocated to the front corner of the site out by the entrance to provide mature buffering right away. Mr. Santoro questioned how the rear is going to be kept in a natural state, when the rear of the property has an abundance of debris et cetera. Mr. Clarke addressed this concern by stating the applicant would reintroduce some vegetation back there consistent with the more natural vegetation that is there now. The neighbors had expressed a desire for a natural state back there; as opposed to a landscape effect. The Board was apprehensive on how the planted vegetation would be watered without an irrigation system. Dr. Blickstein asked if a revised landscape plan showing the details of the natural species to be used would be provided. Mr. Clarke stated that there would be. Ms. Kaar asked Mr. Clarke to explain how snow removal would be handled. Mr. Clarke alleged that snow may be brought off site but he is no expert. Ms. Elias asked about the proposed pervious pavement walk, is it a different concept that was proposed at the last meeting? Mr. Clarke stated that it was and a more dedicated pedestrian access via the sidewalk was a better solution. It was also noted that pervious pavement, pervious concrete was going to be used for the entire drive aisle. Mr. Hall asked if this was why the coverage calculation had gone up. Mr. Clarke stated that it was but the net effect would be better. Two additional variances have been added to the zoning chart which includes lot coverage and the location of the sidewalk. Mr. Santoro inquired about a maintenance plan for the pervious concrete. Mr. Clarke assured the Board that one would be developed. A discussion took place on the garbage enclosure. Mr. Clarke stated that the enclosure had yet to be designed, but would be similar to the one on the corner of Cook and Ridgedale Avenues. The height of the enclosure will be 4 ½ feet to 5 feet tall. Dr. Blickstein expressed that when the detail of designs is gotten to she will feel good about where we are with this application. The next topic broached was lighting. Mr. Clarke informed the Board that the lighting plan had not been altered. It was determined that the lights for the drive aisle would be controlled by a sensor similar to a light switch. A dimmer could also be provided. One fixture in the rear would be controlled by a motion sensor. Recessed lighting is proposed for the porch facing Walnut Street, which would be controlled by the owner. Mr. Clarke believes that there is plenty of ambient lighting from the street lights and the Civic Center. Mr. Santoro asked the Board and its Professionals if they had any further questions for Mr. Clarke, seeing none he opened the floor to the public. Sue Wickman, 33 Walnut Street, asked if there was any reason why something couldn’t be built on the property that conforms to the zone. Mr. Hall stated that Mr. Clarke had testified on that topic. Ms. Wickman then asked as an engineer couldn’t a one or two family home be built on the property? Mr. Clarke stated that it was possible. Deborah Hess, 31 Ridgedale Avenue, inquired about the natural state in the back. Ms. Hess gave a statement but had no questions for Mr. Clarke. Lauren Crane, 21 Ferndale, How is the landscaping proposed for the front of the site near the driveway not going to obstruct anyone’s view. Mr. Clarke replied that the landscaping of the site is not going any further than the vegetation currently on the Civic Center. ZBA Special Meeting 1-11-16 Page 3 Mary Ann McConnell, 142 Ridgedale Avenue, asked what the height of the arborvitaes would have to grow to completely block the view of any properties. Mr. Clarke explained that the intent of the arborvitaes row was not to completely block any view of the structure. Wayne McCabe, 125 High Street, Newton, asked about the site triangle being clear of any plantings. Mr. Clarke affirmed that there was adequate site distance at the driveway. Larry Wickman, 33 Walnut Street, asked if the property in question would be considered a commercial property. Mr. Clarke stated that was not his expertise. Mr. Wickman asked about the lighting plan. Mr. Clarke stated that a lighting plan was submitted with the original application. Mr. Wickman questioned the size of the driveway opening. Mr. Clarke explained that the drive entrance is proposed to be 16 feet wide. Paul Baumgartner, 31 Walnut Street, asked if he was correct in hearing during testimony that the buildings were bumped up eight feet. Mr. Clarke’s reply was no. Seeing no further questions from the public that portion was closed. Mr. Coviello called his next witness. Ms. Nancy Dougherty. Ms. Dougherty was previously sworn in and remains under oath. Ms. Dougherty described the changes that were incorporated into the applicant’s project. Ms. Dougherty explained that the project had been reduced to ten units from 11, and each unit would increase in width by 9 inches. Ms. Dougherty used exhibit A 10 during her presentation. Ms. Dougherty explained that the layout of the floors had not changed. Each floor was gone over individually. Mr. Hall asked if the elevations would change. Ms. Dougherty stated that they would not and they would like exactly the same as presented previously. Mr. Santoro asked the Board if they had any further questions of Ms. Dougherty, seeing none he opened the floor to the public. Dennis Castano, 29 Walnut Street, asked why the Board was entertaining this application before the initial question of it this application would be beneficial to the town. Mr. Hall stated that all information was necessary to best access the application. Larry Wickman, 33 Walnut Street, can a single or two family home be constructed on the site. Ms. Dougherty replied yes. Mr. Santoro asked if there were any further questions from the public, seeing none he closed that portion of the hearing. Mr. Coviello called Mr. Staigar, Traffic Engineer to testify. Mr. Staigar was sworn in, he provided the Board with his background and was accepted as an expert witness. Marked into evidence: Exhibit A -12: Traffic Impact Study revised January 18, 2016. Exhibit A -13: January 25, 2016 letter from Mr. Staigar Mr. Coviello asked Mr. Staigar to walk the Board through his report. Mr. Staigar stated that he had been to the site and had prepared both exhibits. He spoke about the tandem parking spaces in the ZBA Special Meeting 1-11-16 Page 4 garages. He affirmed that there was no problem with egress/ingress to the site. Mr. Staigar went through his traffic report stated that there were no concerns for public safety. He talked about the intensity of traffic that is expected for this proposal. There are no blind spots and the key to safety is visibility. Mr. Coviello asked Mr. Staigar in his professional opinion if site visibility was acceptable. His answer was yes. He also spoke about site circulation. Mr. Staigar gave full details to the Board of his traffic study. This included traffic counts, level of activity, drop off and pick up on Walnut Street for Central Avenue School. Counts were done on September 8, and September 9, 2015 and did an observation of the site on September 11, 2015. Additional counts were done at the end of November early December 2015. It was noted that Ridgedale Avenue was closed due to construction in early September but was open during the counts taken in November and December. In May 2015 a traffic report was conducted by Neglia Engineering for the Borough of Madison Civic Center proposed project. Mr. Staiger said that because those counts were higher, he used them in his study. Mr. Staigar stated that the counts were taken in a spectrum of conditions and that there was no pattern to the data collected. It was noted that the site driveway at 34 Walnut Street was blocked for five minutes during drop off in the morning but not blocked during pick-up in the afternoon Testimony continued on this subject and was discussed in depth. In the end Mr. Staigar stated that he believed that the site would not have any negative impact on traffic conditions. Mr. Santoro asked the Professionals if they had any questions for Mr. Staigar. Mr. Russo questioned Mr. Staigar on the level of service at Walnut and Central Avenue. Mr. Staigar replied that the level of service is currently an F, especially during the 15-20 minutes in the morning and afternoon during drop off and pick up. It improves to probably an A-C range after that time. This was only through observation. Mr. Santoro asked Mr. Russo if he was in agreement with the conclusions made by Mr. Staigar. Mr. Russo replied that he was. Mr. Russo pointed out that there clearly will be more vehicles in and out of the neighborhood. Dr. Blickstein inquired if the traffic counts would be lower if the site were developed in a less conforming manner. Mr. Staiger stated that if the site were developed for two- two family homes the vehicles would be in the order of two to three vehicles per hour instead of five or six vehicles per hour. Dr. Blickstein asked if the expert had any experience with condo associations limiting the number of cars per unit. Mr. Staigar stated he had never had that experience. Mr. Santoro opened the floor for questions from the Board. Mrs. DeRosa asked for clarification on the drop off time. Mr. Staigar stated that the first drop off started at 8:14am. Dr. Paetzell inquired as to peak hours. Mr. Staigar stated that peak hours in the morning are usually 7:30am to 8:30am, when people are leaving for work. Ms. Elias stated that she lives in a complex near St. Vincent’s School and has personal experience with not being able to pull out of her driveway during school drop off. Mr. Staigar stated that the beauty of this site is that you do not need to make a right turn to leave in the morning; a left turn toward Ridgedale can be made. The floor was then opened to the public for questions. Laura Crane, 21 Ferndale, asked for the count of pedestrians that walked past the site driveway. Mr. Staigar stated that on November 30, 2015 the pedestrian count was as follows: 6 Adults, 9 Children and one child on a bike. Ms. Crane asked the number of visitor parking spaces. Mr. Coviello stated that there are four. ZBA Special Meeting 1-11-16 Page 5 Mr. Larry Wickman, 33 Walnut Street, Asked at what point a driveway becomes a street. Mr. Hall informed Mr. Wickman that there are no variances for the driveway. Many questions were asked by Mr. Wickman and each was answered by Mr. Staigar. Mr. Santoro and Mr. Hall each reiterated to the public that at the end of the proceedings that there would be an opportunity for comments. Seeing no further questions that portion of the hearing was closed. At this point Mr. Coviello had no further witness for this evening. A discussion on a date for the next hearing on this application was discussed. It was determined that a special meeting would be held on Thursday, March 31, 2016. Mr. Hall informed the public present that the next meeting on this application would be Thursday, March 31, 2016 at 7:30pm with no further notice. 8. OLD BUSINESS: None 9. OTHER BUSINESS: A brief discussion took place with respect to the Annual Zoning Board report. Mr. Santoro advised the Board members to familiarize themselves with the suggested Ordinance changes. This report will be finalized and voted upon at the next meeting of the Board to be held on March 10, 2016 10. ADJOURNMENT: The meeting was adjourned at 10:45pm, no motions were made. Respectfully submitted, Frances Boardman Recording Secretary ZBA Special Meeting 1-11-16 Page 6