Zoning Board of Adjustment

MINUTES BOROUGH OF MADISON ZONING BOARD OF ADJUSTMENT Special Meeting, January 29, 2018 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 special meeting of the Borough of Madison Zoning Board of Adjustment was held on January 29, 2018 at 7:30 pm in Room #140 of the Hartley Dodge Memorial Building located at Kings Road, Madison, N.J. Diane Driscoll, Vice-Chairperson 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: At the regular meeting of the Board, held on January 11, 2018, the Board, by resolution scheduled a special meeting for January 29, 2018. It was posted at the bulletin board at the main entrance of the Hartley Dodge Memorial, 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: Diane Driscoll, Toni DeRosa, Roger Paetzell, Melissa Elias, Helen Kaar, Timothy Fitzsimmons and Peter R. Fleming, Sr. ALSO PRESENT: Gary Hall, ZBA Attorney Susan G. Blickstein, PP, Planning Consultant and Frank Russo, P.E., Engineering Consultant RECUSED: Mr. Santoro, Ms. Salko and Mr. Tomlin 4. PLEDGE OF ALLEGIANCE The following minutes were distributed to all Board members prior to this meeting for their review. The Board had several corrections to these minutes. A voice vote of aye from all eligible voting Board members was heard in approval of the corrected minutes. 5. MINUTES FOR APPROVAL – Special Meeting, November 20, 2017 6. RESOLUTIONS FOR MEMORIALIZATION – CASE NO. Z 17-039 Resolution granting variance application to Evan Goldstein, Block: 4601, Lot: 28, 22 Stonehedge Lane to construct an Enclosed Front Entrance Way with Sidewalk, 2 Story Addition (2 Car 1st Floor, Living Space 2nd Floor), Removal of a Portion of Existing Driveway, Modifications of Driveway Alignment and a Drywell in an R-2 (Single-Family Residential) Zone requiring relief from Minimum Side Yard Setback (Right). This Resolution will be carried to the regular meeting scheduled for February 8, 2018. ZBA Special Meeting 1-29-18 Page 1 CASE NO. Z 17-040 Resolution granting variance application to Michael Gobes & Elena DeFrancesco, Block: 905, Lot: 15, 38 Knollwood Avenue to construct a 2nd Story Addition in an R-3 (Single-Family Residential) Zone requiring relief from Maximum Impervious Lot Coverage. This Resolution will be carried to the regular meeting scheduled for February 8, 2018. CASE NO. Z 17-041 Resolution granting variance application to Alex Madison, LLC, Block: 1803, Lot: 20, 14 Alexander Avenue, to construct a New Single Family Dwelling with Asphalt Driveway, Front Sidewalk, Front Open Porch, Uncovered Rear Deck, (2) Air Conditioning Units, Bilco Doors, and Drywell in an R-3 (Single-Family Residential) Zone requiring relief fr This Resolution will be carried to the regular meeting scheduled for February 8, 2018.om Minimum Side Yard Setback (Right), Minimum Side Yard Setback (Left), and Maximum Principal Building Coverage. This Resolution will be carried to the regular meeting scheduled for February 8, 2018. 7. SCHEDULING AND PROCEDURAL MATTERS: 8. OLD BUSINESS: CASE NO. Z 17-028 YMCA of Madison Block: 3802, Lot: 23 111 Kings Road Applicant is seeking permission to Amend its prior Preliminary and Final Site Plan Approval requesting conditional use variance and preliminary and final major site plan with variances to construct a 37,850 square foot building addition in an R-2 (Single Family Residential) Zone Tom Malman, Attorney began and named the witnesses who will be testifying for this application. He stated that revised plans have been submitted. Mr. Malman introduced Mr. Paul Fox, Landscape Architect who testified regarding Keep Street in detail. Mr. Frank Russo had several questions regarding the parking lot and the new islands. The following exhibit was marked: A – 17 Aerial Photo dated Sunday, 3/29/15. Mr. Fox began by reviewing A-17 and indicated the public parking lot on Kings Road and the distance from the YMCA. It can be utilized for the YMCA’s needs and it is less than 100 feet from the YMCA. A – 18 Revised Landscaping Plan, Sheet L-1 ZBA Special Meeting 1-29-18 Page 2 The YMCA will utilize impervious pavers for the planned sidewalks. The calculations have not changed since the last meeting. Ten percent was set aside for the landscaped areas, the present application provides 5.1% for the parking lot area and it is somewhat of an improvement. There being no further testimony from Mr. Fox, the public was given the opportunity to question the witness as follows: Bill Bowen, 30 Dogwood Drive, questioned the mechanical units and where they would be located on the site. Julie Mele, 47 Keep Street had several concerns regarding the parking. She questioned the landscaping whether it was reduced from 2006. She questioned the lighting on Keep Street, will it illuminate her area. Steve Alutto, Architect was the next witness to testify and he reviewed the questions that were asked by the Board at the last meeting. Ms. Kaar questioned if the gym can be located above the swimming pool. She is concerned with the impervious coverage. Mr. Alutto stated that the pool cannot be placed in that area. This pool is Olympic sized cannot be place where she suggested. Bill Bowen 30 Dogwood Drive, was concerned with the mechanical units whether they would be located on the train side of the facility and also questioned the reason for the proposed lighting. Mr. Alutto explained why the units were being placed in the area described. The public was now given the opportunity to question the witness as follows: Julie Mele, 47 Keep Street, questioned the HVAC systems whether they will be concealed out of the site line. Mr. Alutto replied that they are not higher than the building. Mr. Bruce Davies was then called to testify. Mr. Malman requested that Mr. Davies highlight the changes that he made to the plan. He stated the buffers were improved along Keep Street, ie: evergreens, trees. He stated that they exceed the density of the 2010 plan. Seventeen evergreens will be planted which include 73 trees which will be mixed between shade and evergreen variations. He added some shrubs as per the request of the Borough Planner. Ms. Driscoll questioned the retention basin and Mr. Davies stated that it is sloped slightly. Mrs. DeRosa had several questions regarding the plantings. Mr. Russo also added to the testimony that the basin will have plantings surrounding it and he asked if the basin could have some seed in the basin area and will be able to grow in the swamp. He would appreciate some more mature plantings with the seed. ZBA Special Meeting 1-29-18 Page 3 The public was given the opportunity to question Mr. Davies as follows: Julie Mele, 47 Keep Street, was concerned with parking on Keep Street which total 8 spaces. She is concerned with this parking layout, she wanted to know the type of plantings and their heights along the parking spaces. Mr. Davies answered there is a continuous row of 8-10 foot evergreens on her side of Keep St. A discussion took place regarding the plantings. Diane Mann, President and CEO and Mr. Malman reviewed last meetings’ testimony. He asked her to discuss the various activities at the YMCA. She stated that three areas of activity: basketball, gymnastics and swim meets. There is almost no overlap in seasons. Never two activities occurring at the same time. She stated the activities are managed so they will not overlap. The fire truck circulation was discussed and Mr. Flemming stated he believed it would be a bit tight. Captain Nunn stated that he did not believe there would be any problem with the circulation. Ms. Mann stated she met with Captain Nunn on December 13th and after his review, he had no issues with the plan. Ms. Elias asked if Ms. Mann if she could state the number of people attending the swim meets. Ms. Mann answered that they had two sessions and approximately 100 attend. Mrs. DeRosa asked where the buses that bring individuals to the YMCA will park. The parking lot also will accommodate the buses. Mrs. DeRosa questioned the Wellness Programs. Ms. Mann does not believe there will be growth in these programs and attendance will be modest. Ms. Elias asked if Ms. Mann if she could state the number of people attending the swim meets. Ms. Mann answered that they had two sessions and approximately 100 attend. Mrs. DeRosa asked where the buses that bring individuals to the YMCA will park. The parking lot also will accommodate the buses. Mrs. DeRosa questioned the Wellness Programs. Ms. Mann does not believe there will be growth in these programs and attendance will be modest. Mr. Fitzsimmons questioned the size of the gym and why it will not be expanded. Mr. Alutto returned and answered the question posed by Mr. Fitzsimmons. He explained why the gym was not expanded. Ms. Mann was asked if the 5 – 7% growth figure still holds true for the YMCA. Ms. Kaar questioned Mr. Alutto regarding the pool above the pool again and requested the exact height. Mr. Alutto had no answer. He stated she is comparing it to another YMCA in Summit. At this point in time, the public was given the opportunity to as questions as follows: Julie Mele, 47 Keep Street, was extremely concerned with the amount of traffic that this project will generate. She questioned the drop off and exiting of the vehicles. She believes Mr. Alutto’s estimation of the number of people is great. He stated the pool is not changing. Ms. Mann answered her question of concern. She re-stated no activity is overlapping and there is plenty of parking in both ZBA Special Meeting 1-29-18 Page 4 lots. Ms. Mann stated that the YMCA has no routine for the bus parking and entering the area. Ms. Blickstein explained to Ms. Mele what takes place at the site. Mr. Russo asked if Ms. Mann would review the times of the swim meets. The buses arrive no later than 6. Bill Bowen asked when the secondary entrance will be utilized. Ms. Mann stated primarily on the weekends. The Board took a break at 9:00 and returned at 9:05 pm. Mr. Phillips, Planner was qualified by the Board. He was questioned by Mr. Malman and reviewed the different aspects of the application. He stated the two uses. He emphasized the approved and amended plans are similar in many respects. He reviewed the 2010 variances that were approved. The applicant requires more parking due to the expansion of the building. He continued with his testimony with reference to the setbacks and heights of the proposed building. There is no activity in the front of the building and additional plantings will be installed. The landscape buffer to the common side lot line, Lot 24, the applicant is proposing a number of plantings in this area. Lot 24 is very large and wide and parking has not been planned near the common property line. He does not see any impacts rising from this application. He believes the site could function similarly to how it presently functions. There is no separate standard to this location; it is similar to the residential standards. It is on the fringe of the downtown area and he believes the impervious coverage is due to the parking. The applicant is not overburdening the parking and he believes 500 spaces are unrealistic. The commuter lot is empty on the weekends and can be utilized by the YMCA. He continued discussing the parking and did point out the slope disturbance. He believes the benefits of this application outweigh the detriments. There being no further testimony, the public was given the opportunity to question as follows: Julie Mele, 47 Keep Street, questioned Lot 24 and whether it is vacant land and is it sloped. Mr. Phillips explained the meaning of slope. Mr. Phillips explained again the parking facing Keep Street, with the larger amount of landscaping. She questioned Mr. Phillips as to why the parking is planned along Keep Street. At this point in time, the meeting was opened to the public for comments as follows: John Morris, complimented the YMCA and appreciates what they have to offer the community. Chris Nolan, Valley Road, Madison complimented the YMCA and believes it is valuable to the community. ZBA Special Meeting 1-29-18 Page 5 Pat Haviland, 49 Prospect St., also was supportive of the YMCA and has a daughter that has been benefitted. Andy Christos, Woodland Road, commented that the YMCA has been valuable to him and his family and a benefit to the community. Debra Fineman, Keep Street, moved to Keep Street so she could be closer to the YMCA. She stated it is an amazing institution and open to everyone. Scott Gumpel, Edgewood Road, Board Volunteer stated he is passionate regarding the YMCA. His children grew up around the YMCA. Bill Bowen, 30 Dogwood Rd., believes several issues should be addressed. He believes the parking and lighting pollution should be kept to a minimum. HVAC units moved to the front of the building. Headlight pollution should be addressed. He is concerned with his neighbors on Keep Street. Julie Mele, 47 Keep Street, thanked the Board for their time. She believes she has valid concerns. Traffic is the major concern and believes she did not get a straight forward answer to her concern. Asked Board to take this aspect into consideration. Change the lighting that affects 47 and 42 Keep Street. She was concerned with the activity of the buses on the weekends. She is concerned with her tenants. Mr. Malman thanked the Board and believes the application was well thought out. He continued and stated that the parking will be planned to be beneficial to the site. The commuter lot next door will be utilized and hopefully the YMCA will be able to depend upon it. He continued and stated that the numbers proposed are typical for institutional uses. He explained that the pool on the top of the gym would be visually impactful to neighbors. He believes the landscaping will enhance the plan and would appreciate the approval. Gary Hall gave his input and discussed the changes and summarized the testimony from the applicant. He reviewed several issues and basically the parking is the biggest issue. The applicant agreed to tweak any issue that arises and work with it. There was an exchange of thoughts between Board members and Mr. Hall. Ms. Kaar had an issue with what the Zoning allows. Several Board members gave their input to certain issues, ie: parking, and the Fire Department’s support. There being no further questions or comments, the Board began their deliberation. The consensus of the Board was to approve the application as submitted with the following conditions. 1. Parking Management Review annually. 2. Handicapped sign on building 3. Davies agreed to reasonable Landscaping in front of the building 4. Plantings opposite parking space, Keep Street, size 3-4 feet ZBA Special Meeting 1-29-18 Page 6 5. Request for written confirmation from the Fire Department 6. Frank Russo’s conditions Mrs. DeRosa commented and explained how she felt about the parking issue due to the explanation and testimony that the applicant’s witnesses provided. A roll call vote was requested and recorded as follows: AYES: Mrs. DeRosa, Mrs. Driscoll, Mrs. Elias, Ms. Kaar, Dr. Paetzell, Mr. Fitzsimmons and Mr. Flemming. 9. NEW BUSINESS: No New Business. 10. OTHER BUSINESS: No Other Business 11. ADJOURNMENT: The meeting was adjourned at 10:35 pm with motions made by Ms. Kaar and seconded by Mrs. Driscoll. Respectfully submitted, Lorraine Sola Recording Secretary ZBA Special Meeting 1-29-18 Page 7