Township of Millburn Minutes of the Planning Board March 15, 2017

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1 Township of Millburn Minutes of the Planning Board March 15, 2017 A regular meeting of the Township of Millburn Planning Board was held on Wednesday, March 15, 2017 at 7:30 PM in Millburn Town Hall. Chairman Kenneth Leiby, opened the meeting by reading section 5 of the Open Public Meetings Act. A roll-call indicated the following members were present: Also present: APPLICATIONS Daniel Baer Elaine Becker Cheryl Burstein Samuel Levy arrived 7:45 PM Roger Manshel Matthew O Neill Joseph Steinberg Beth Zall Kenneth Leiby, Chairman Ed Buzak, Board Attorney Eric Fishman, Court Reporter Martha Callahan, Assistant Township Engineer Eileen Davitt, Zoning Officer/Board Secretary APPL# SCOTT & KAREN MERVES, 23 W. BEECHCROFT ROAD, SHORT HILLS Michael Rubin, Attorney for the applicant, stated his appearance. The application before the Board is for final major subdivision approval for the property located at 23 W. Beechcroft Road, Short Hills. Preliminary approval was granted on June 5, 2007 with several conditions. Entered as A-1: Attorney letter dated 9/12/07 Gary Szelc, P. E., appeared and was sworn. His credentials were presented and accepted by the Board. Mr. Szelc indicated that final major subdivision is appropriate in that the applicant has met the requirements conditioned in the preliminary major subdivision approval. 1

2 Entered as A-2: final subdivision plat revised 3/1/17 A January 11, 2017 memo from the Township Engineer, Tom Watkinson, addressed several issues. Mr. Szelc spoke to the Engineer s memo indicating that the drainage easement has been dedicated as per comment #1. With regard to comment #2 of the Township Engineer s report, requesting that the applicant complete conditions #4, #7 and #8 of the original resolution, Mr. Szelc stated that those conditions have been satisfied. With regard to comments #3 and #4, which speak to the Title Recordation Act and surveyor s certification, both conditions have been satisfied. Upon a motion made by Cheryl Burstein, seconded by Roger Manshel, and with a rollcall vote as follows: Daniel Baer yes Elaine Becker yes Cheryl Burstein yes Roger Manshel yes Matthew O Neill yes Joseph Steinberg yes Beth Zall yes Kenneth Leiby yes Appl#17-001, Scott & Karen Merves, 23 W. Beechcroft Road, final subdivision approval was GRANTED. APPL#17-008, MILLBURN 339, LLC., 341 MILLBURN AVENUE, MILLBURN Michael Selvaggi, Attorney for the applicant, stated his appearance. The applicant is seeking minor site plan approval for an increase to the floor area of the restaurant on the property. Robert Michaels, P. P., appeared and was sworn. His credentials were presented and accepted by the Board. Entered as A-1: satellite photo of downtown area The subject property is a 6142 square foot building, currently housing a sushi restaurant and a former retail sales operation (now vacant). The proposal is to increase the size of the restaurant by 664 square feet. The number of seats devoted to customers is going to increase from 33 seats to 60 seats. The parking demand based on 60 seats is 20 parking spaces, a 5 space increase from the former combined requirement of the retail space and the restaurant. The increase in restaurant space will be a positive to the downtown area and there is no detriment to the zone plan. The applicant has agreed to purchase 5 additional parking permits. There is public parking within 500 feet as well as ample street parking. 2

3 Joseph Steinberg asked for testimony as to condition #1 of the original resolution dated December 4, 2002, which requires that parking permits be purchased for all employees that drive to work. Zhi Wang, owner/operate of sushi restaurant, appeared and was sworn. She stated that she currently purchases 1 parking permit. Approximately 7-8 employees are brought to work in a van, which parks in that space. Robert Engel, property manager, appeared and was sworn. He stated that the two spaces on site are for tenant use. Chairman Kenneth Leiby asked for testimony regarding the request for a waiver of the EIS. Robert Michaels indicated that there are no proposed changes to the exterior of the site. Roger Manshel asked for clarification as to the kitchen area. Mr. Engel indicated that the kitchen is proposed to remain in its current location. Upon a motion made by Cheryl Burstein, seconded by Roger Manshel, and with a rollcall vote as follows: Daniel Baer yes Elaine Becker yes Cheryl Burstein yes Samuel Levy yes Roger Manshel yes Matthew O Neill yes Joseph Steinberg yes Beth Zall yes Kenneth Leiby yes Appl#17-008, Millburn 339, LLC, 341 Millburn Avenue, site plan approval was GRANTED with the condition that the applicant shall purchase 6 business parking permits. APPL#17-003, SHANE ARTIS, 288 HOBART AVENUE, SHORT HILLS *It is noted that Daniel Baer recused and left the meeting room. Rosemary Stone-Dougherty, Attorney for the applicant, stated her appearance. She indicated that this is a continuation of a subdivision application heard by the Board on March 1, She stated that the subdivision proposed is a subdivision, as of right. The proposal meets the requirements of the zoning ordinance with respect to lot area, lot width and lot depth. Robert Simon, Attorney for the objector, Oikias Partners, LLC, stated his appearance. 3

4 Frederick Meola, P. E., PLS, appeared and remains sworn. He gave brief testimony on the proposed drainage report that he prepared in response to Board comments. There are 2 seepage pits proposed for the anticipated new dwelling and 1 seepage pit proposed for the anticipated new driveway. Presently the water drains down to the existing inlet. There is lawn in the lower area with scattered trees. The area is soft but not muddy and there is one tree near the inlet. This lower area acts as a natural detention area and minimizes the impact on downstream neighbors. Entered as P-5 (a) (f): photos of subject site Mr. Meola spoke to the proposed drainage plans and indicated that they are in conformance with the Township requirements. The drainage calculations are based on the proposed new dwelling, as per Township ordinance. Entered as P-6: exhibit plan dated 3/6/17 Mr. Simon, Attorney for the objector, cross-examined Mr. Meola. He asked if Mr. Meola was aware if this property was the subject of any previous development applications or variance applications. Mr. Meola stated that he was not aware. Mr. Simon questioned the timing of the revised plans indicating that the revised plans are dated 3/6/17, clearly not 10 days prior to tonight s meeting. Mr. Simon asked if he would agree that the underground seepage pits are accessory structures. Mr. Meola stated that he does not believe that underground drainage pits are accessory structures. Mr. Simon questioned Mr. Meola as to the calculations provided regarding average front yard setbacks and combined side yard setbacks. Mr. Simon asked for testimony from Mr. Meola with regard to the section of the ordinance that suggests that side lot lines, insofar as is practical, be at right angles or radial to street lines. Mr. Meola stated that the current location of the existing dwelling, as well as the topography of the land, dictated the proposed new lot line. Mr. Simon asked Mr. Meola if he was aware of the section of the ordinance that requires each lot to front on an approved, paved street with a right-of-way of at least 50 feet. Mr. Meola felt this could be granted through a waiver. Mr. Simon asked Mr. Meola if he conducted a wetlands study for the property. Mr. Meola indicated that he did not conduct a wetland study. Andrea Osmun, 314 Hobart Avenue, asked if the slope is going to be disturbed by the construction trucks, etc. Mr. Meola indicated that the trucks will be utilizing the proposed driveway area as the tracking pad and will not be disturbing the steep slope areas. Ms. Stone-Dougherty recalled Shane Artis, applicant, who appeared and remains sworn. He indicated that he is trying to preserve his existing dwelling. 4

5 Robert Simon, Attorney for the objector, reiterated to the Board that he feels the revised plans were not submitted within the required 10 day period, thereby not affording him adequate time to review the plans. He respectfully requests that the Board require that the applicant design what they propose the builder to implement with regard to drainage. Shannon Cross, 15 Twin Oak Road, appeared and was sworn. She feels the traffic at this intersection is very dangerous and she is concerned with another driveway being constructed in such close proximity to the intersection. She is concerned with the potential disturbance of steep slopes and the effect it will have on run-off. Andrea Osmun, 314 Hobart Avenue, appeared and was sworn. She said that there is no water from her property going on to the subject property. Fedora Baliou, 276 Hobart Avenue, appeared and was sworn. She stated that the a pipe from the applicant s property continues goes on to her property. She tried to solve the drainage issues as much as possible but when it rains a lot, it is unmanageable. Robert Simon, Attorney for the objector, gave a brief closing summary. He feels that there is not enough information on the record for the Board to make an informed decision. The applicant has the burden of proof in determining that the storm water management plan works. Rosemary Stone-Dougherty, Attorney for the applicant, gave a brief closing statement. This is a matter of right application. There is no variance relief required for subdivision approval. The applicant has gone to great lengths to present an application that is aesthetically pleasing to the area. He is a long-time resident of the area, who is proposing to remain in the existing dwelling and wants to see the property developed in a manner that will be in keeping with the surrounding area. She respectfully requests the Board s approval of the matter before them. Joseph Steinberg addressed several of the issues. He indicated that South Terrace, upon which this lot has frontage, has the required 50 foot right of way. He respectfully rejects the testimony of Fedora Bailou as hearsay. He spoke to the objecting attorney s argument that the underground seepage tanks are accessory structures and indicated that they are not viewed as accessory structures and have not been cited by the Zoning Officer as needing variance relief. He feels the applicant has presented a plan that is conforming to the requirements of the Municipal ordinance. Cheryl Burstein asked for input from the Board Attorney with regard to the 50 foot rightof-way requirement. Board Attorney, Ed Buzak, indicated that the ordinance requirement that the lot be on an approved, paved street with a 50 foot right of way does not distinguish between corner lots or interior lots. He feels Mr. Steinberg s analysis that South Terrace is a 50 foot right-of-way meets the requirement of the ordinance. 5

6 Elaine Becker feels comfortable with the applicant s presentation. She has confidence in the Township Engineering Department in that the proper drainage and stormwater practices will be implemented. Upon a motion made by Joseph Steinberg, seconded by Beth Zall, and with a roll-call vote as follows: Elaine Becker yes Cheryl Burstein yes Roger Manshel no Matthew O Neill yes Joseph Steinberg yes Beth Zall yes Kenneth Leiby yes Appl#17-003, Shane Artis, 288 Hobart Avenue, preliminary and final major subdivision approval was GRANTED. DISCUSSION Ken Leiby briefly spoke to the Board about the Master Plan, which will be due for a reexamination report soon. He would like the Board to familiarize themselves with the Master Plan so that discussions can begin soon on recommended changes. ADJOURNMENT A motion to adjourn was made by Cheryl Burstein, seconded by Joseph Steinberg, and carried with a unanimous voice vote. (11:35 PM) Motion: CB Second: JS Date adopted: 5/3/17 Eileen Davitt Board Secretary 6