Township of Millburn Minutes of the Planning Board December 6, 2017

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1 Township of Millburn Minutes of the Planning Board December 6, 2017 A regular meeting of the Township of Millburn Planning Board was held on Wednesday, December 6, 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: MEMORIALIZATIONS Daniel Baer Elaine Becker Miriam Salerno Roger Manshel Beth Zall Leslie Lombardy, Vice Chairwoman Kenneth Leiby, Chairman Edward Buzak, Board Attorney Eric Fishman, Court Reporter Eileen Davitt, Zoning Officer/Board Secretary Appl#17-016, RC Hair & Nails, LLC, 391 Millburn Avenue, Millburn A motion to approve the resolution memorializing the granting of site plan approval for a change of use to RC Hair & Nail Salon for the property located at 391 Millburn Avenue was made by Beth Zall, seconded by Daniel Baer, and carried with a roll-call vote as follows: Daniel Baer yes 1

2 Appl#17-020, Bhakti Barn Yoga, LLC, 356 Millburn Avenue, Millburn A motion to approve the resolution memorializing the granting of site plan approval for a change of use to Bhakti Barn Yoga for the property located at 356 Millburn Avenue was made by Daniel Baer, seconded by Elaine Becker, and carried with a roll-call vote as follows: Daniel Baer yes Appl#17-019, EF Studios, 100 Essex Street, Millburn A motion to approve the resolution memorializing the granting of site plan approval for a change of use to EF Studios for the property located at 100 Essex Street was made by Elaine Becker, seconded by Beth Zall, and carried with a roll-call vote as follows: APPLICATIONS APPL#17-018, RED OCHRE INVESTMENTS, 251 ESSEX STREET/27 MAIN STREET Thomas Sateary, Attorney for the applicant, stated his appearance. The applicant is seeking minor subdivision approval for a lot line readjustment and preliminary and final site plan approval to construct an 8700 square foot office building. Chairman Kenneth Leiby spoke to the applicant s request for checklist waivers. A motion to approve the applicant s request for checklist waivers with the exception of the EIS submission was made by Elaine Becker, seconded by Beth Zall, and carried with the following roll-call vote: Daniel Baer yes Roger Manshel yes *Cheryl Burstein arrived at this time. (7:49 PM) 2

3 Richard Keller, P. P., P. E., appeared and was sworn. His credentials were presented and accepted by the Board. Entered as A-1: photoboard of 27 Main Street property Entered as A-2: photoboard of existing conditions Entered as A-3: sheet 2 of submitted Casey & Keller plans Entered as A-4: sheet 3 of submitted Casey & Keller plans Entered as A-5: sheet 4 of submitted Casey & Keller plans Entered as A-6: satellite photo of subject area Entered as A-7: zoning calculation table Mr. Keller stated that the properties that are the subject of this application are 27 Main Street (Lot 16) and 251 Essex Street (Lot 15). The property at 27 Main Street contains the Common Lot Restaurant and a 2-story building which was formerly the Emerald Garden Florist. The property at 251 Essex Street is a vacant lot. The applicant proposes a minor subdivision to transfer 1998 square feet of property from lot 16 to lot 15. In addition, the applicant is requesting site plan approval to construct an 8,692 square foot office building on the newly configured lot 15 at 251 Essex Street. Richard Keller stated that the property at 27 Main Street and a portion of 251 Essex Street are located within the flood hazard of the West Branch of the Rahway River. Richard Keller spoke to the parking requirement for the proposal. The previous use of the property was that of a florist which had a parking requirement of 5 spaces. The proposed office building generates a parking requirement of 35 spaces, an increase of 30 parking spaces from the previous use. The applicant is providing 11 spaces on site and has agreed to purchase parking permits for the remaining 19 spaces they are deficient, thereby eliminating the need for variance relief for parking. A variance is being sought for not providing a loading space. The small number of deliveries will be by FedEx or UPS. Cary Heller, 343 Millburn Avenue, questioned the DEP requirement that the applicant notify neighbors. He questioned whether there were any objections filed. Mr. Keller indicated that objections would go to the DEP. To his knowledge, there have been no objections and he feels they will receive the required DEP permit within the next 60 days. Nancy Dougherty, Architect, appeared and was sworn. Her credentials were presented and accepted by the Board. She gave a brief description of the applicant s proposal. She stated that the applicant s vision was to provide a loft-style office building that was aesthetically pleasing. Entered as A-8: sheet PB1 Ms. Dougherty explained the ground floor plan which consists of 11 parking spaces, 6 bicycle parking spaces and a recycling area. The 2 nd floor consists of offices and mechanicals. 3

4 There is a mezzanine along the front of the building that will accommodate the conference rooms. Entered as A-9: sheet PB2 Entered as A-10: sheet PB3 Entered as A-11: sheet PB4 Entered as A-12: sheet PB5 Ms. Dougherty spoke to the Township Planner s report and confirmed that the building height will be 30 feet-8 inches from the average grade. Cary Heller, 56 ByronRoad/343 Millburn Avenue, asked for the width of the sidewalk in the front of the proposed building. Richard Keller indicated that the distance from the building to the street is 10 feet. Mr. Heller asked if the applicant considered eliminating the garage door and leaving the space open. Ms. Dougherty indicated that the ordinance requires garage doors and the applicant does not wish to seek variance relief from that condition. Richard Keller stated that the proposed use of the property for offices is a permitted use in the zone. The applicant is seeking a waiver of EIS, a variance from providing a loading space and a height variance to exceed the 28 foot maximum height allowance. Based on the applicant s willingness to purchase parking permits for the deficient 19 parking spaces, there is no variance relief required for parking. The flood plain places severe constraints on the development of this property and he feels c(1) variance relief can be granted. Cary Heller, 56 Byron Road/343 Millburn Avenue, appeared and was sworn. He stated that there is room for up to 6 on-street parking spaces in this area of Essex Street. Many of the curb-cuts that previously serviced the former uses still exist. He stated that he would like to see the garage doors removed as he feels they will become a safety issue for pedestrians. He would like to see the planters replaced with ground landscaping. He stated that he supports this application but he feels this Board cannot give parking variances without requiring that a parking study be done. Chairman Kenneth Leiby asked Board Attorney, Ed Buzak, to give the Board his opinion as to the amendment to the parking section of the ordinance. Mr. Buzak stated that he believes the Township Committee s intention was to eliminate the need for parking variance relief under certain circumstances. It is his opinion that if the applicant agrees to purchase parking permits for the shortfall of on-site parking spaces, there is no variance required. In this application, the Township Planner has indicated that the lot, prior to this application, was vacant. The applicant s proposal results in the need for 35 parking spaces and 11 parking spaces are being proposed on site. In this case, the applicant would be required to purchase 24 business parking permits. Thomas Sateary indicated that the applicant is agreeable to that condition. Upon a motion made by Roger Manshel, seconded by Leslie Lombardy, and with a rollcall vote as follows: 4

5 Daniel Baer yes Cheryl Burstein yes Roger Manshel yes Appl#17-020, Red Ochre Investments. 251 Essex Street/27 Main Street, minor subdivision and preliminary and final site plan were GRANTED with the following conditions: 1) the applicant shall purchase 24 business parking permits; 2) an audible device shall be installed on the garage doors. APPL#17-021, LIV BREADS MILLBURN, LLC, 184 ESSEX STREET Anthony Cerciello, Attorney for the applicant, stated his appearance. The applicant is seeking site plan approval for a change of use from retail sales to restaurant, fast food, to operate an artisan bakery and coffee bar. The applicant is also seeking conditional use approval, parking variance, waiver of EIS and storm water runoff provisions. A motion to approve the applicant s request for checklist waivers with the exception of the EIS waiver was made by Beth Zall, seconded by Roger Manshel and carried with a roll-call vote as follows: Daniel Baer yes Cheryl Burstein yes Roger Manshel yes Yaniv Livneh, business owner, appeared and was sworn. He gave a brief description of his business proposal. Entered as A-1: 14-page handout of proposed establishment Mr. Livneh stated that his vision is to provide an artisanal bakery and coffee bar specializing in sourdough breads and pastry products. There will also be some house-baked breads and espresso drinks. There is seating for 20 but there is no table service. All orders are placed at the counter and can then be eaten at a table. The proposed hours of operation are 6 AM -- 7 PM. The 6 AM 9 AM crowd is typically commuters picking up coffee and pastry. At 12 PM, local residents come in for snacks. From 3 PM 4 PM, business is typically those coming 5

6 in for after school snacks. The 4 PM 7 PM crowd is usually commuters and locals picking up breads, desserts to bring home for dinner. Mr. Livneh stated that this business is targeted toward consumers looking for high-end, quality products. Beth Zall asked if there is any educational component proposed. Mr. Livneh stated that he hopes to offer some cooking classes. Cary Heller, 56 Byron Road/343 Millburn Avenue, questioned the applicant s testimony as to a 2 PM closing on the weekend. Mr. Livneh stated that initially they are anticipating a 2 PM closing on weekends to give the staff an opportunity to acclimate to the business. As business grows, he hopes to remain open later on the weekend. John James, Architect for the applicant, appeared and was sworn. He gave a brief description of the proposed floor plans. Entered as A-2: revised square footage allocations Cary Heller, 56 Byron Road/343 Millburn Avenue, asked for the square footage of the establishment. Mr. James stated that the area is 2,230 square feet of retail space and 1019 square feet in the basement for storage. Richard Keller, P. E., P. P., appeared and was sworn. His credentials were presented and accepted by the Board. Entered as A-3: Casey & Keller site plan sheet 1 Entered as A-4: satellite photo Cary Heller, 56 Byron Road/343 Millburn Avenue, asked if a parking study has been done that speaks to the number of parking spaces available. Mr. Keller stated that he did not prepare a study of the number of spaces available in town. Kenneth Leiby spoke to the applicant s request for a parking variance. He stated that this Board has, for many years, conditioned approvals on requiring the applicant to purchase business parking permits for all employees, regardless of how many drive. He believes the Board should adhere to that policy. Cary Heller, 56 Byron Road/343 Millburn Avenue, appeared and was sworn. He stated that he supports the application as to the use of the property. He does not support this Board with respect to the parking variances that are being granted without a valid study of the available spaces. Upon a motion made by Cheryl Burstein, seconded by Beth Zall, and with a roll-call vote as follows: 6

7 Daniel Baer yes Cheryl Burstein yes Roger Manshel yes Appl#17-021, Liv Breads, 184 Essex Street, site plan approval was GRANTED with the following conditions: 1) applicant shall comply with all department reports; 2) applicant shall purchase 9 business parking permits. BUSINESS *Roger Manshel left the meeting at this time (9:00 PM) The Board discussed the proposed meetings dates for It was suggested that a second date be added in February. As a result of that recommendation, an amendment was made to add February 21. A motion to approve the 2018 agenda dates was made by Beth Zall, seconded by Leslie Lombardy, and carried with a unanimous voice vote. The Board discussed Ordinance # , which proposes amendments to section of the Development Regulations and Zoning Ordinance. Upon a motion made by Cheryl Burstein, seconded by Elaine Becker, and carried with the following roll-call vote: Daniel Baer abstain Cheryl Burstein yes Miriam Salerno abstain Beth Zall no the Planning Board recommends Township Committee approval of Ordinance # as not inconsistent with the Master Plan. 7

8 ADJOURNMENT A motion to adjourn was made by Cheryl Burstein, seconded by Leslie Lombardy, and carried with a unanimous voice vote. (11:25 PM) Motion: RM Second: CB Date adopted: 12/20/17 Eileen Davitt Board Secretary 8