Zoning Board of Adjustment

1 MINUTES BOROUGH OF MADISON ZONING BOARD OF ADJUSTMENT Regular (Virtual Zoom) Meeting, November 4, 2021 at 7:30 P.M., Hartley Dodge Memorial Building, 50 Kings Road, Madison, New Jersey. 1. CALL TO ORDER BY CHAIRMAN JOSEPH SANTORO 2. ANNOUNCEMENT OF NOTICE (STATEMENT OF COMPLIANCE) 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 14, 2021, the Board by Resolution adopted a schedule of meetings. On January 15, 2021 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. Beginning in April 2020, in response to public safety considerations and legal authorization, the Board of Adjustment began conducting its monthly meetings on the previously noticed dates remotely using the Zoom platform, and subsequently separate notices have been published each month advising of this change and indicating that the procedures and requirements for monitoring such meetings and for making public comment, along with an explanation of the audio muting function of the electronic communications platform being utilized, is provided with detailed information on “How to Use Zoom and Participate” found on the Rosenet Webpage Communications / Virtual Meetings at HTTP://www.rosenet.org/1273/Virtual-Meetings. 3. ROLL CALL PRESENT: Mr. DiIonno, Mrs. Driscoll, Mr. Fitzsimmons, Ms. Kaar, Dr. Paetzell Ms. Salko, Mr. Santoro Ms. Tiritilli, and Mr. Foster EXCUSED: Frances Boardman, Board Secretary ALSO PRESENT: Gary Hall, ZBA Attorney Dennis Harrington, Board Engineer Russell Stern, Board Planner Michael Pellessier 4. PLEDGE OF ALLEGIANCE 5. MINUTES FOR APPROVAL – The minutes of October 14, 2021 The above referenced minutes were distributed to all Board members for their review prior to this evening’s meeting. A voice vote of aye was heard from all eligible voting Board members in approval of the minutes. 6. RESOLUTIONS FOR MEMORIALIZATION – Distributed to all Board members for their review were the following resolutions A voice vote of “Aye” was heard from all eligible voting Board members in approval of the Resolutions. ZBA Regular Meeting 11-04-2021  2 CASE NO. Z 21-026 Resolution granting variance application to Shannon & Anna Bradshaw, Block: 910, Lot: 2, 79 Greenwood Avenue to construct a 1 Story Addition with Full Height Basement, Basement Egress Window, Relocation of Existing Air Conditioning Condenser, Removal and Replacement of Existing Front Walk and Removal of Existing Concrete Pad in an R-3 (Single Family Residential) Zone requiring relief from Minimum Front Yard Setback, Maximum Principal Building Coverage and Maximum Impervious Lot Coverage. CASE NO. Z 21-028 Resolution granting variance application to Harold & Susan Han, Block: 3301, Lot: 33, 1 Treadwell Avenue to construct a (2) 1 Story Additions, Front Covered Open Porch, Front Bluestone Walk, Rear Bluestone Patio and Deck with Stairs, Drywell and Air Conditioning Unit in an R-1 (Single-Family Residential) Zone requiring relief from Minimum Front Yard Setback – Laurel Way, Minimum Front Yard Setback – Treadwell Avenue, Minimum Front Yard Setback – Madison Avenue, Minimum Rear Yard Setback, Maximum Principal Building Coverage and Maximum Impervious Lot Coverage. CASE NO. Z 21-029 Resolution granting variance application to Norrette & Michael Gilliland, Block: 1108, Lot: 16, 18 South Street to construct a Front Second Story, Front Open Porch, Rear Deck and Air Conditioning Unit in an R-4 (One or Two Family Single Family Residential) Zone requiring relief from Minimum Front Yard Setback and Minimum Side Yard Setback. 7. SCHEDULING AND PROCEDURAL MATTERS – 8. OLD BUSINESS – CASE NO. Z 21-017 The Heller Group Block: 2208, Lot: 27 306 Main Street Applicant is seeking Preliminary & Final Site Plan approval, Conditional Use, Bulk Variances and Waivers to permit certain alterations for the adaptive use of the former bank building with Drive-Thru access and reconfiguration of the existing parking lot. At the request of the applicant’s attorney this application will be carried without further notice to the Thursday, November 4, 2021 meeting of the Zoning Board of Adjustment A transcript of the proceeding was prepared by Rizmanrappaport certified court reporters. Mr. Nicholas Racioppi, Esq. provided a list of witnesses present for this evenings hearing. Mr. Gary Hall swore in Mr. Paul Going of Atlantic Traffic. Mr. Going provided his educational background and experience to the Board and was accepted as an expert witness. The following exhibit was marked: A-5 Colorized set of plans C-301, C-302 last revised October 20, 2021 Mr. Going shared his screen and provided testimony of the revised changes to the plans. He compared the current Starbucks location, which is across the street to the proposed location at 306 Main Street. He stated that ZBA Regular Meeting 11-04-2021  3 Covid has increased the drive through use. Mr. Going described the changes made to the plan. The drive thru stack was increased to 16 vehicles; three parking stalls were eliminated to create green space. The outdoor seating area rail fence has been changed to a decorative brick wall with a fence on top. The details of this wall/fence will be worked out with the professionals. A DOT access permit was issued on September 27, 2021 The November 1, 2021 memorandum from Mr. Maltz was discussed. Mr. Going stated that he would work with the Borough professionals on all issues noted by Mr. Maltz. Discussion continued regarding the excess cuing in the drive aisle. Mr. Going concluded that the proposed occupancy of Starbucks at the site would not result in any parking issues. Discussion continued. Mr. Santoro asked if the Board or its Professionals had any further questions for Mr. Going, seeing none that portion of the hearing was then opened to the public. There being no public with questions that portion of the hearing was closed. Ms. Lizanne Kile, a Starbuck’s representative was sworn in to testify. Ms. Kile was accepted as an expert witness. Ms. Kile stated that she is a 15-year Starbucks employee. Her role is Senior Store Development Manager and her responsibilities include looking for site for new Starbucks stores in New Jersey. Ms. Kile provided her thoughts about the design of the drive-thru as discussed this evening. Ms. Kile touched upon the Mobile Order and Pay feature, which allows customers to order on their phone. They then have the ability to pick up their order thru the drive-through or walk inside the store. The data shows that most people walk into the store since it is quicker to park and go inside. Starbucks is always looking for ways to improve speed of service. Discussion continued. Mr. Santoro asked Ms. Kile if the drive-thru line exceeded the 16 car que would an employee be directed to go out and redirect the cars so that the aisle was not blocked. Ms. Kile responded that they are concerned with their employees safety and feel that making drinks for their customers is more important than directing traffic. Ms. Kile stated that it is a luxury to have this much gross leasable area to put a store. Ms. Kile stated that the peak hour is 8:00am to 9:00am. Mr. Santoro suggested “No Stopping”, “No Standing” signage and also some sort of a signal to encourage people not to stack up. Mrs. Driscoll suggested police enforcement. A five minute break was taken at 9:24pm. The meeting resumes will all members present at 9:31pm. Mr. Santoro reiterated the items that were discussed this evening that would need to be updated on the site plan. It was agreed to that the applicant’s professionals would work with all Borough Professionals. Discussion turned to bicycle rack and outdoor dining. Mr. Santoro asked the Board and Professionals if they had any further questions for Ms. Kile. Seeing none, he opened the meeting to the public. Seeing no questions from the public that portion of the hearing was closed. Mr. Bryan Ehnes, was previously sworn in to testify and remains under oath. Mr. Ehnes stated that new lighting poles are being proposed in the area of the Starbucks, but the old poles in the shopping center will remain . The heads of the lights will be replaced so that all lighting will be LED fixtures. Mr. Santoro suggested that the remaining pole conditions be looked into. Mr. Ehnes agreed. At the suggestion of Mr. Harrington, Mr. Ehnes agreed to tone down the temperature of the lighting from 4,000 Kelvin to 3,500 Kelvin. It was also determined that the lighting would be placed on a timing system. Outdoor music being played was ZBA Regular Meeting 11-04-2021  4 touched upon next. Mr. Ehnes stated that the volume would be controlled and music would only be in the vicinity of the outdoor dining area. Mr. Ehnes stated that all comments and recommendations in Mr. Stern’s memorandum would be complied with. Mr. Stern touched upon the need for a tree removal permit and other landscaping issues. Revised landscape plans should be presented. Signage was discussed, Mr. Stern stated that the most recent submission was all about the drive-through and that the new submission with an updated revised sign package should be forwarded to the DDC and Sign and Façade Committee. It was determined that two parking spaces would be EV Charging ready. There was no further questions from the Board for Mr. Ehnes. Mr. Frank Russo, A.I.A., LEED, AP was sworn in to testify. Mr. Russo provided his qualifications and educational background to the Board and excepted as an expert witness. Mr. Russo provided testimony on the architectural details and signage. Mr. Harrington inquired if the utilities to the site are adequate. Mr. Russo stated that they were. It was determined that the site will have a maximum of 36 seats. Mr. Stern inquired about a cooking exhaust. Mr. Russo stated that all food is already prepared and be reheated in the turbo ovens, which does not require an exhaust hood. Mr. Hall inquired about the vault in the bank; Ms. Kile stated that the vault on site is being removed. Mr. Russo discussed the proposed signage in depth for the site. Mr. Stern’s memorandum was discussed. Mr. Santoro suggested that a final version of the plan signage plan be resubmitted. Mr. Harrington inquired about the existing utility systems and its adequacy for the repurposing of the site. Mr. Russo stated that at this point they feel that the utility systems are adequate but if there is any sort of change required it would be brought up to Borough standards. Mr. Santoro asked if the Board of Professionals had any further questions for Mr. Russo, seeing none he opened the floor to the public. Seeing no questions from the public, that portion of the hearing was closed. The applicant’s professionals were advised to work offline with the Borough Professionals and that revised plans be submitted ten days prior to the next regular meeting of December 9, 2021. It was announced that this application is being carried to the next regular meeting of the Zoning Board of Adjustment to be held on Thursday, December 9, 2021 at 7:30pm. No further notice will be provided. CASE NO. Z21-027 Loreto Evangelista Block: 4703, Lot: 6 94 Woodland Road Applicant is seeking permission to construct a Covered “Open” Front Porch with Modified Roof Peak, Removal and Replacement of Existing Front Walk in an R-2 (Single Family Residential) Zone requiring relief from Maximum Impervious Lot Coverage. This application was started at the October 14, 2021 Zoning Board meeting. Revised plans were not received in a timely fashion and the application was carried to the December 9, 2021 Zoning Board Agenda. ZBA Regular Meeting 11-04-2021  5 9. NEW BUSINESS – None 10. OTHER BUSINESS – 11. ADJOURNMENT – The meeting was adjourned at 10:59pm with a motion made by Ms. Kaar and seconded by Dr. Paetzell. Respectfully submitted, Frances Boardman Board Secretary ZBA Regular Meeting 11-04-2021