Minutes of the Planning Board of the Township Of Hanover August 21, 2018

Transcription

1 Page 1 of 11 Minutes of the Planning Board of the Township Of Hanover Vice-Chairman De Nigris called the Work Session Meeting to order at 7:00 PM in Conference Room A and The Open Public Meetings Act Statement was read into the record. Board Secretary, Kimberly Bongiorno took the Roll Call. In attendance were Members: Absent were Members: Also present were: Deehan, De Nigris, Dobson, Ferramosca, Mayor Francioli, Glawe, Nardone, and Olsen Byrne, Critchley, and Chairman Pinadella Attorney for the Board Michael Sullivan, Township Engineer Gerardo Maceira (Arrived at 7:20), and Township Planner Blais Brancheau PUBLIC BUSINESS Vice Chairman De Nigris served as the acting chairman for this meeting. Mr. De Nigris reviewed the agenda for the evening. - Had two inquiries regarding two properties on Ridgedale Avenue. - Where the TD Bank and Roofing Company are there was an inquiry about a drive-in McDonalds. - Recommended to permit if: Part of larger center Not separate access No separate free standing sign - Board requested prepare a draft ordinance of the September work session. Vice-Chairman De Nigris called the Public Meeting to order at 7:30 PM and read the Open Public Meetings Act into the record. The Board Secretary, Kimberly Bongiorno, called the roll. In attendance were Members: Absent were Members: Deehan, De Nigris, Dobson, Ferramosca, Mayor Francioli, Glawe, Nardone, and Olsen Byrne, Critchley, and Chairman Pinadella

2 Page 2 of 11 Also present were: Attorney for the Board Michael Sullivan, Township Engineer Gerardo Maceira, and Township Planner Blais Brancheau. I. RESOLUTIONS NONE II. MINUTES NONE III. PUBLIC HEARINGS 1) CASE NO APPLICANT/OWNER: ANTHONY CIULLO LOCATION: 35 HANDZEL ROAD WHIPPANY BLOCK: 8202 LOT: 4 ZONE: R-40 Applicant is proposing to subdivide the existing lot and demolish the existing older single family dwelling to create two (2) lots, wherein each newly created lot will provide for the new construction of a single family dwelling. Applicant is also seeking six (6) new C variances. Case partially heard and carried from June Board Action Date August 31, 2018 Case carried by applicant s attorney by dated. Secretary read into the record. A motion was made to carry the case to September 18, 2018 by Member Ferramosca and seconded by Mayor Francioli. All members present voted in favor of carrying the case. 2) CASE NO R1 APPLICANT/OWNER: HANOVER & HORSEHILL DEVELOPMENT LLC LOCATION: HANOVER AVE CEDAR KNOLLS BLOCK: 701 LOT: 1.01 ZONE: IB-3 Applicant is seeking a one year extension of approvals. Damien Del Duca Attorney for the Applicant - Requesting a third one year extension of time per section 52 of the land use law for Phase C. - The client has entered into a lease with a bank. - They hope to have the bank project before the Board soon.

3 Page 3 of 11 A motion to approve the extension of time was moved by Member Ferramosca and seconded by Member Deehan. Members Deehan, Dobson, Olsen, Glawe, De Nigris, Ferramosca, and Mayor Francioli all voted in favor of approving the extension of time. Member Nardone voted against approving an extension of time. 3) CASE NO APPLICANT: 34 SHERMAN LLC OWNER: ESTATE OF CLEMENS LOCATION: OAK BOULEVARD CEDAR KNOLLS BLOCK: 1307 LOT: 17 & 17.01/17.02 (merged) ZONE: R-10 Applicant proposes to develop a total of three lots for development of three new single family residential structures, accessory areas and infrastructure improvements. Existing structure on lot 17 will be razed. Merged lot 17.01/17.02 will be subdivided. Applicant is also seeking C variance relief from rear yard setback and lot area requirements. Simone Cali Attorney for the Applicant - Gave an overview of the requested subdivision. - Would like to subdivide into three lots and build three separate 2 story single family residences on each lot. - Looking for approval for a subdivision which triggers some variances. - Also looking for a rear yard variance and a lot area variance. Blais Brancheau, Township Planner and Gerardo Maceira, Township Engineer, were sworn in by the Board Attorney. Anthony Facchino Engineer for the Applicant - Sworn in by the Board Attorney. - Gave an overview of educational and professional background. - Exhibit A-1: Colored Township Tax Map. - Gave an overview of the current lot conditions. - Gave an overview of the existing setbacks and what is proposed for each site. - Discussed slopes - Discussed the areas services with all public utilities. - Referred to sheet 2 of the plan set. - They are proposing one new single family lot. - All of the lots will be fronting on Oak Boulevard. - Described the lot areas for each lot. - Lot 17.05, which is the easterly lot, will consist of 10,795 sq. ft. - Lot 17.04, the middle lot, will consist of 10,501 sq. ft. - Lot 17.03, the most westerly lot, will consist of 10,000 sq. ft.

4 Page 4 of 11 - Lot will require variances 10,500 sq. ft. is required but the lot is only 10,000 sq. ft. - Also requesting a rear yard setback variance for lot Where 34.5 ft. is proposed and 40 ft. is required. - A rear yard setback variance for lot 17/04 is also being requested as the proposed setback is also 34.5 ft. and the requirement is 40 ft. - Lot will be fully conforming. - In regards to all other ordinances all of these lots will be fully conforming. - The increase in stormwater runoff will be collected with dry wells. - The total obligation is 64 trees. - They will plant 33 trees along the southerly property line and will pay in lieu of planting the remaining trees. - Requesting relief from h (2) (c). - They are proposing more evergreen than deciduous trees as a rear buffer to the homes on Mountain Avenue. - If the Board Members would like to keep the trees deciduous than they would be more than happy to change the plans and comply. - Requesting a design waiver for overhead wires for electric and telephone. - Requesting waiver from I to allow for overhead wires. - Oak Boulevard is serviced by all overhead utilities at this time. - Willing to do underground wires on the properties if JCP&L allows. - Clarified he underground utility line waiver the applicant is requesting means and explained that the Board has jurisdiction. - Agreed to items 1-6 in Mr. Maceira s report. - Requested to keep the garage while construction is going on but the existing house will be demolished. - House will go down before the subdivision is filed. and discussed how the demolition of the garage will take place and the time frame it will happen in. - There would be no sale of Lot prior to the garage being demolished. - No permits for the lot will be issued until the garage is demolished. Mr. Maceira - There is no plan to put in sidewalks on Oak Boulevard. Mr. Sullivan

5 Page 5 of 11 - Needs the Boards input on the deciduous versus evergreen plantings. The Board decided to have the Arborist review the evergreen tree request. - The applicant is currently short 31 trees. - The recommendation is to take payment in lieu of planting. - It is better not to over plant. Mr. Sullivan - The Board could grant the variance subject to review of the trees by the arborist. - Suggests the trees are planted after the house is built to protect the trees. Mr. Sullivan - They should be planted before a CO is issued. Mr. Maceira - Does not do a developers agreement on a project this small. - They could post bond as a tree planting guarantee. - The tree issue should be worked out on a case by case basis. - If this is approved the details of that should be worked out as construction is approved on each lot. - Continued with Planning Testimony. - Referred to exhibit A-1. - These are some of the largest lots in the area so splitting them up would make them more in line with the characteristics with the neighborhood. - Reviewed the variances requested and the proofs as discussed previously in the Engineers testimony. - Many of lots in the neighborhood are either undersized or oversized so these mostly conforming homes would fit well and have very minimal impact or detriment on the neighborhood.

6 Page 6 of 11 Mayor Francioli - Are there other lots that are around the size of the proposed lots? - Yes there are actually number of lots on the same side of the street that are 100 by 100 which is the size of the undersized lot that we are proposing. Opened to the public Susan Roppenecker 16 Oak Boulevard - Sworn in by the Board Attorney. - Is concerned with water problems. - There is 15 ft. between her property and the proposed house on lot Is requesting shifting the house so there is a 22 ft. setback between her house and the one on lot These houses are conceptual at this point. Mr. Maceira - At this location there is water that will be directed towards Ms. Roppenecker s property due to the topography of the area. - All roof water is being collected and sent to a drainage area. - The drainage of the property is being pitched to the street. - They are doing their best to minimize and impact and change from the current conditions of the site. Ms. Roppenecker - Moving the house a little further away would leave for more room for something to be done about the water. - The way the topography works we aren t able to just completely redirect all of the water. Mayor Francioli

7 Page 7 of 11 - Suggested a French drain. - We can work with Mr. Maceira on this. Mr. Maceira - Does not see this connection into the storm sewer system. - For stormwater mitigation this is the best you can get. - We can look into a French drain system but there is a concern that it will not be able to connect into the drainage system. - There is not an engineering benefit to moving the home and increasing the size of the side yard. Closed to the public Ms. Cali - Gave a closing statement. Mr. Sullivan - Summarized conditions in Mr. Maceira s report. - The garage is permitted to stay on the property until the lot is sold or construction on the lot begins, whichever comes first. - The applicant would comply with number 2 in s report subject to input from the Arborist. - The applicant would comply with item 3 of s report. - There will be a bond to ensure the trees are planted. A motion to approve with the above conditions as well as add that they would like the Engineer to meet with the adjacent neighbor to discuss stormwater solutions, and allow the power company to make the decision on the overhead wires was made by Mayor Francioli and seconded by Member Ferramosca. Members Deehan, Dobson, Nardone, Olsen, Glawe, De Nigris, Ferramosca, and Mayor Francioli all voted in favor of approving the application with conditions. 4) CASE NO APPLICANT/OWNER: SDM ONE, LLC LOCATION: 5 SADDLE ROAD CEDAR KNOLLS BLOCK: 701 LOT: 21 ZONE: I

8 Page 8 of 11 Applicant seeks preliminary and final site plan approval in order to install 14 parking spaces, relocate garbage dumpsters, minor regrading, repaving the parking lot, widening the walkway leading from parking lot to front door, installing a larger concrete pad at the front door, addition of 7 wall mounted lights, and removal of 7 trees. Applicant is seeking variance relief in order to allow for parking in the front yard and parking within 15 feet of a side lot line. Board Action Date OCTOBER 25, 2018 Robert Griffin Attorney for the Applicant - Gave an overview of the existing conditions. - It is currently used for warehouse and office space. - More intense office use is requiring more spaces. - Gave an overview of proposed changes to the site. - Would like to move the dumpster to provide more room for parking. - Would like to widen the walkway to 5 ft. which would also allow for a ramp in lieu of a step that would make the front entrance handicap accessible. - There will not be an addition of 7 wall mounted lights, they already exist, and they would like to add two poles. and Mr. Maceira were sworn in by the Board Attorney. Gerard Gesario Engineer for the Applicant - Sworn in by the Board Attorney. - Described the existing conditions. - Exhibit A-1: Aerial Exhibit E-100 dated 8/21/2018 of the site and surrounding area. - Exhibit A-2: Colorized landscape plan E-200 8/21/ Gave an overview of the surrounding areas. - The current parking lot has space for approximately 30 cars. - The main proposal is the expansion of the parking area to provide an additional 14 parking spaces. - Two spaces will be ADA approved. - There will be an ADA compliant walkway. - Access to the site is not going to change. - Will provide an enclosed dumpster area so it will be screened. - Proposing pole lights to light the expansion of the parking lot. - There is no utility work that needs to be done. - Touched on the variances that are being requested, the planner will expand on them. - Reviewed the tree removal that was done. - This plan provides for 2 replacement trees. - The proposed plan is for 42 total parking spaces.

9 Page 9 of 11 - Would like clarification on the pole mounted lighting proposed. Mr. Gesario - There are 4 pole mounted lights at 15 ft. high being proposed. - One by the dumpster, one by the driveway, and two in the parking lot expansion. Mr. Griffin - We will comply with Mr. Maceira s report. - Will comply with s report. - Addressed s second comment regarding light spillage. Mr. Gesario - It may be difficult to get such low levels of light along the property line. - We proposed arborvitae to shield that. - The adjacent property is a driveway and parking lot so we do not see much of a detriment to them. - Because it is a driveway and parking lot it may actually be beneficial to the adjacent property and provide some illumination. - If there is a violation it is most likely de minimus Mr. Gesario - The plantings proposed there were to minimize the light shed onto the adjacent property. - If possible we would actually like to remove those because we were very hesitant to put them there in the first place. - If the arborist would like us to put plantings other places we would be open for that. - Remove the additional landscaping trees at the northerly side lot line adjacent to the parking area. - Some landscaping could be added between the street and the new parking spaces. Mr. Griffin - Will be putting vinyl fencing for the dumpster enclosure. Scott Matthijssen - Owner - Sworn in by the Board Attorney.

10 Page 10 of 11 - Nature of the existing business is Matthijssen Inc. - They are office equipment and IT sales services and they work with small businesses and non-profits. - It is a mix of office, warehouse, and industrial space. Open to the public Seeing and hearing none Closed to the public Justin Ausciello Planner for the Applicant - Gave educational and professional background. - Reviewed requested variances. - Need a front yard setback for the front yard parking. - The requirement is 75 ft. back from the street but it is being proposed between ft. and ft. - Parking is required to be 15ft. away from the side lot line but is proposed at 4.40 ft. - The location of parking needs a variance because it is required to be 15 ft. from the side property line but it is 4.8 ft. away. - This is a non-conforming existing condition. - A variance for rear parking is needed because it is required to be 10 ft. from the property line but it is proposed between 4.80 ft. and 4.90 ft. from the rear property line. - This is also a non-conforming existing condition. - The variances are hardships due to the existing conditions on the property and there is no way to currently conform to the existing ordinances. - The positive criteria for these variances are they advance criteria A per the MLUL. - It creates a better condition than what exists on the site today. - There is sufficient space on this area and it is not being overbuilt nor have they triggered any variances for lot coverage. - They are improving the parking situations as well. - Exhibit A-3: Photograph of the property - Exhibit A-4: Photograph of Patriots Path Boy Scout Property - Exhibit A-5: Photograph of 54 Horsehill Road Omland Engineering Associates Site - Exhibit A-6: Photograph of 7 Saddle Road, the adjacent property - Exhibit A-7 a,b,c: Photographs of YMCA Annex Property The Board discussed parking in the area and when street parking is and is not necessary. Mr. Ausciello - Reviewed negative criteria. - Plan would help alleviate street parking. - Proposed site plan would not be a detriment to the public good. - Does not overly harm the zones intent and actually helps by improving the property.

11 Page 11 of 11 Opened to the public Seeing and hearing none Closed to the public Mr. Sullivan - Reviewed the conditions. - Will allow up to two foot candles of lighting. - Will comply with Mr. Maceira s comments 1-11 in his report. - Will comply with s subsection b comments. - With respect to comment two they are allowed up to two foot candles and they will work with to minimize the lighting. - The fence around the dumpster will be vinyl. - The plantings in item 4 will be removed but there will be plantings in the front to minimize the visual of the parking. - It will be subject to review and approval by. A motion to approve with conditions was moved by Member Nardone and seconded by Member Dobson. Members Deehan, Dobson Nardone, Olsen, Glawe, De Nigris, Ferramosca, and Mayor Francioli all voted to approve the application with conditions. A motion to adjourn the meeting was moved by Member Ferramosca and seconded by Mayor Francioli all present in favor. Meeting Adjourned at 9:19 PM KIMBERLY A. BONGIORNO, LUA. BOARD SECRETARY PLANNING BOARD TOWNSHIP OF HANOVER COUNTY OF MORRIS STATE OF NEW JERSEY