Township of Millburn Minutes of the Planning Board March 1, 2017

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1 Township of Millburn Minutes of the Planning Board March 1, 2017 A regular meeting of the Township of Millburn Planning Board was held on Wednesday, March 1, 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: Elaine Becker Cheryl Burstein Roger Manshel Matthew O Neill Joseph Steinberg Beth Zall Leslie Lombardy, Vice Chairwoman Kenneth Leiby, Chairman Ed Buzak, Board Attorney Eric Fishman, Court Reporter Martha Callahan, Assistant Township Engineer Eileen Davitt, Zoning Officer/Board Secretary APPROVAL OF MINUTES A motion to approve the minutes of January 4, 2017 was made by Cheryl Burstein, seconded by Joseph Steinberg, and carried with a unanimous voice vote. MEMORIALIZATIONS Appl #17-004, David & Linda Kuo, 18 Roland Drive, Short Hills A motion to approve the resolution memorializing the granting of major subdivision approval to David & Linda Kuo for a 2-lot subdivision on the property located at 18 Roland Drive was made by Beth Zall, seconded by Cheryl Burstein, and carried with the following rollcall vote: Cheryl Burstein yes 1

2 Roger Manshel yes Beth Zall yes Appl. #17-005, Susan Nussbaum-Gengos, 364 Hartshorn Drive, Short Hills A motion to approve the resolution memorializing the granting of major subdivision approval to Susan Nussbaum-Gengos for a 2-lot subdivision on the property located at 364 Hartshorn Drive was made by Cheryl Burstein, seconded by Elaine Becker, and carried with the following roll-call vote: APPLICATIONS Cheryl Burstein yes Roger Manshel yes Beth Zall yes APPL#17-003, SHANE ARTIS, 288 HOBART AVENUE, SHORT HILLS Rosemary Stone-Dougherty, Attorney for the applicant, stated her appearance. The applicant is seeking approval for a 2-lot major subdivision. Frederick Meola, P. E., appeared and was sworn. His credentials were presented and accepted by the Board. He gave a brief description of the proposal. The existing property is a 69,629 square foot lot in the R-3 zone district, which has a minimum lot requirement of 29,000 square feet. Entered as P-1: final plat sheet Entered as P-2: exhibit sheet Mr. Meola stated that the existing property contains a single-family dwelling with a circular driveway, detached 2-car garage, patio and play area. The existing dwelling is proposed to remain and a new dwelling is proposed to be constructed on the newly created lot. Lot 2.01, after subdivision, will be a 37,677 square feet lot and lot 2.02, after subdivision, will be a 31,952 square foot lot. Lot 2.01, after subdivision, will have a lot width of feet and a lot depth of feet. The R-3 zone requires a minimum lot width of 115 feet and 175 feet of lot depth. Andrea Osmun, 314 Hobart Avenue, asked what accommodations will be made with regard to drainage. She indicated that the area of the property along South Terrace becomes inundated with water when it rains. Mr. Meola stated that there is currently a drain on site. He 2

3 added that any future development of the property will require that a grading plan be submitted and approved by the Township Engineer. Fedora Baloiu, 276 Hobart Avenue, asked how this proposal will affect the surge of runoff water that drains to her property. Mr. Meola indicated that any proposed construction will require that drywells be installed that will mitigate the increased impervious surface on the newly created lot. Anthony Marucci, P. E., P. P., appeared and was sworn. His credentials were presented and accepted by the Board. He gave a brief description of the proposal. He stated that the subject property is oversized for the zone. Entered as P-3: photos of detached garage dated 1/3/17 Mr. Marucci indicated that the existing garage is currently non-conforming with respect to setback. Entered as P-4: survey of adjacent property Cheryl Burstein asked if any studies have been done on the site to show that sufficient grading and stormwater management can be accomplished. Mr. Marucci stated that grading and drainage will be improved if a dwelling is built on the newly created lot. Julie Betancour asked if there are any assurances that the dwelling on the newly created lot will be of the same character as the neighboring houses. Mr. Marucci stated that he cannot guarantee that the architecture of the newly constructed dwelling will be of the same character as that of the neighboring dwellings. Andrea Osmun, 314 Hobart Avenue, appeared and was sworn. She stated that this neighborhood is the entrance into Short Hills from Route 24. It is a unique area and all the homes are over 100 years old. She does not feel this subdivision is in the best interest of the neighborhood. Fedora Baloiu, 276 Hobart Avenue, appeared and was sworn. She stated that the drainage should be addressed in more detail to demonstrate that any proposed development of the property will not cause flooding issues on the neighboring properties. Nancy Weidmer, 303 Hobart Avenue, appeared and was sworn. She stated that this is a beautiful piece of property. She is concerned with the safety of children who walk to school and cross at the corner. The addition of a driveway at this intersection will result in serious safety concerns. Rebecca Stone-Dougherty indicated that she received the Township Engineer s report. She indicated that the applicant agrees to replace the uneven and broken sidewalk slates on the Hobart Avenue frontage. 3

4 Shane Artis, applicant, appeared and was sworn. He spoke to several of the comments of the members of the public. He indicated that he has lived at the property for approximately 14 years. He stated that he has removed many of the trees that originally existed along the corner of South Terrace and Hobart Avenue and there have been fewer accidents. Andrea Osmun, 314 Hobart Avenue, asked Mr. Artis how long he had his house on the market. Mr. Artis indicated that the house was on the market for about 1 year. Nancy Weidmer, 303 Hobart Avenue, indicated that there was an accident at the subject corner over the 2016 Memorial Day weekend. She is concerned with the addition of a driveway in this area and the safety issues that it will cause. Based on discussion with Board members regarding the existing detached garage, Ms. Stone-Dougherty amended the application and withdrew the request for variance relief for the location of the existing detached garage. The matter was carried to March 15, APPL#17-006, ROSARIO DIMINNI, 84 FARLEY ROAD, SHORT HILLS Matthew O Neill, Beth Zall and Cheryl Burstein recused and left the meeting. Anthony Cerciello, Attorney for the applicant, stated his appearance. The applicant is before the Board to present stormwater and drainage testimony with regard to the original application, approved by the Planning Board in 2015, appealed by the objector, and remanded back to the Planning Board by the Court for stormwater testimony. Richard Schommer, P. E., appeared and was sworn. He spoke to the stormwater management report that he prepared as part of the plan for this major subdivision proposal. Entered as P-1: major subdivision exhibit Mr. Schommer stated that the stormwater mamagement report was prepared to address the impacts on drainage and stormwater runoff resulting from development of the subject property for single family residential use. The subject property is to be subdivided into two lots with all existing structures and site improvements removed and a single-family dwelling to be constructed on each of the proposed lots. In order to minimize the impact to stormwater runoff due to proposed development, the project will include drywell system installations to minimize overland runoff onto neighboring properties. Based on onsite soil testing that was conducted, it has been determined that the onsite soils are of high permeability. The proposed drywell system will provided enough capacity to contain the run-off generated for the 100-year storm event. Each of the proposed lots will contain a separate drywell system for the roof areas and paved driveway areas. 4

5 Mr. Schommer spoke to the Township Engineer s report dated 3/1/17. He stated that the applicant takes no exception to the 14 items listed and will comply with all recommendations. George Sohos, 78 Farley Road, appeared and was sworn. He stated that his concerns are with the stormwater runoff associated with the development. He stated that since the existing house was demolished he got water in his basement for the first time. He cannot say for certainty that one caused the other but he asked that the applicant pay close attention to the stormwater report and come up with recommendations that will best serve the adjoining properties. Upon a motion made by Roger Manshel, seconded by Joseph Steinberg, and with a rollcall vote as follows: Roger Manshel yes Leslie Lombardy yes Appl.#17-006, Rosario DiMinni, 84 Farley Road, re-affirmation of approval of preliminary and final major subdivision was GRANTED with the following conditions: 1) applicant shall comply with the Township Forester s report of December 12, 2015; 2) applicant shall comply with Township Engineer s report of March 1, 2017; 3) applicant shall obtain all municipal, county, state and federal approvals, as applicable to development. ADJOURNMENT A motion to adjourn was made by Joseph Steinberg, seconded by Roger Manshel, and carried with a unanimous voice vote. (11:00 PM) Motion: JS Second: EB Date adopted: 5/3/17 Eileen Davitt Board Secretary 5