MINUTES PLANNING BOARD OF THE BOROUGH OF MADISON REGULAR MEETING SEPTEMBER 4, 2018

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1 MINUTES PLANNING BOARD OF THE BOROUGH OF MADISON REGULAR MEETING SEPTEMBER 4, 2018 A regular meeting of the of the Borough of Madison was held on the 4th day of September 2018 at 7:30 P.M., in the Court Room, Hartley Dodge Memorial, 50 Kings Road, Madison, NJ. The meeting was called to order by Chairman, Steve Tombalakian. Mr. Tombalakian requested the reading of the Public Meeting Notice. Ms. Boardman read the following statement in accordance with the Open Public Meetings Act. 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 16, 2018, the Board by Resolution adopted a schedule of meetings. On January 17, 2018, a copy of the schedule of meetings will be posted at the bulletin board at the entrance to the Hartley Dodge Memorial, sent to the Madison Eagle and the Daily Record, and filed with the Borough Clerk all in accordance with the Open Public Meetings Act. The following roll call was recorded: Present: Tom Lewis, Peter Flemming, Steve Tombalakian, John Forte, Rachel Ehrlich, George Limbach, Mayor Conley, Astri Baillie and Ann Huber Excused: None Also Present: Frank Russo, Assistant Borough Engineer Vince Loughlin, Attorney Susan Blickstein, Board Planner Frances Boardman, Board Secretary Approval of Minutes: Copies of the minutes of the August 21, 2018 regular meeting were distributed to all Board members for their review prior to this meeting. A motion to approve the regular minutes as presented was made by Mr. Forte, seconded by Mr. Lewis. A voice vote of Aye was heard by all eligible members. Comments by the Public: Mr. Tombalakian opened the floor to the public for anyone that wished to be heard on any matter not on this evening s agenda. Seeing no one he closed that portion of the meeting. RESOLUTIONS FOR MEMORIALIZATION CASE NO. P Major Subdivision with Road Dedication and Variances Borough of Madison Community Place Block: 1601, Lot: 23 Resolution granting the Major Subdivision with Road Dedication and Variances to the Borough of Madison on property located at Community Place, Madison commonly known on the Borough of Madison Tax Map as Block 1601, Lot: 23 The draft resolution was sent to the applicant s Attorney, Mr. Dante Alfieri, Esq. as well as the members and it s Professionals for review prior to this evening s meeting. Mr. Tombalakian asked the Board if they had any comments or questions concerning the resolution. Mr. Russo had discussed some minor changes to the draft resolution prior to the meeting with Mr. Loughlin. These minor changes were incorporated into the draft and resent to all members. Mr. Tombalakian asked for a motion to approve the resolution this evening, a motion was made by Mr. Lewis, seconded by Ms. Huber; the following roll call was recorded: 1

2 Ayes Mr. Flemming, Mr. Forte, Ms. Huber, Ms Ehrlich, Mr. Lewis, Mr. Limbach and Mr. Tombalakian Nays None Abstain Mayor Conley and Ms. Baillie Excused None NEW BUSINESS CASE NO. P Minor Subdivision Patrick Esposito 362 Woodland Road Block: 4302, Lot: 2 Mr. Steven Azzolini, Esq. began by explaining that the applicant had received a resolution granting minor subdivision approval on February 20, This resolution was adopted and memorialized on March 6, Mr. Azzolini explained to the Board that a delay had occurred and he was not able to perfect the minor subdivision approval pursuant to the time requirements set forth in the Municipal Land Use Law. Mr. Azzolini also pointed out that a condition in the resolution required the removal of the existing dwelling and detached garage be removed, and this has not yet been accomplished. A one-year extension is being sought for the approval of the minor subdivision to allow the applicant ample time to properly proceed with the requirements of the resolution and the signing of the corrected deeds. Mr. Tombalakian asked if the Board if they had any questions for Mr. Azzolini, seeing none that portion of the hearing was closed. Mr. Tombalakian asked for a motion to approve the one year extension as presented. Motion was made by Mayor Conley, seconded by Ms. Baillie. The following roll call was recorded as follows: Aye Mr. Flemming, Mr. Forte, Ms. Huber, Ms. Ehrlich, Mr. Lewis, Mr. Limbach, Mayor Conley, Ms. Baillie and Mr. Tombalakian Nays None Excused None OLD BUSINESS CASE NO. P Preliminary and Final Site Plan with Variances Fairleigh Dickinson University 285 Madison Avenue Block: 101, Lot: 6 A transcript of this evening s meeting is being prepared by Susan Bischoff of Laura Carucci, LLC Mr. Jason Tuvel, Attorney for the applicant advised the Board and members of the public present that this is a continued hearing for Fairleigh Dickinson University, 285 Madison Avenue, Block: 101, Lot: 6. Mr. Tuvel stated that revised plans were submitted prior to the hearing. The witnesses here to testify this evening include Mr. Smith and Mr. Hughes both whom have offered testimony at the previous hearings. Both Mr. Smith and Mr. Hughes remain under oath. Mr. Tuvel asked Mr. Smith to outline the changes that were made to the most recent plan submitted on August 22, The following exhibit was marked: Exhibit A-22: Revised Site Plan Rendering, dated August 24, 2018 Mr. Smith stated that the track and field was shifted and is now 80 from the southern (Shadylawn Drive) property line to the edge of the track. This shift required slight changes in grading and landscape placement. The quantity, size and type of landscape plantings will remain unchanged. The 13 existing trees along the southern fence line will remain. The dimensions of the brick sign at the corner of the property were changed to bring the wall height down to

3 The sign placement was also shifted to be 36 off the property line. The garage on site will be removed and additional storm-water facilities were included at the throwing events area. Mr. Smith expressed to the Board that the revised plan submitted has struck a proper balance in response to the concerns expressed by the Board and the neighbors and is a very good design and the applicant feels there are no negative impacts with this plan. Mr. Tombalakian asked the Board or its Professionals if they had any questions for Mr. Smith. Mr. Limbach questioned the trees specified on the current rendering stating that these were not the trees that were previously discussed and agreed upon. Ms. Ehrlich asked Mr. Smith about the restoration of lawn area and how it would be maintained. Mr. Smith replied that the area in question will be seeded and stabilized surrounding the berm. Ms. Baillie asked what the before and after property setbacks were for the track. Mr. Smith recounted that the previous setback from the southern property line to the track was 50 and is now at 80. Mr. Flemming inquired about the existing trees being removed. Mr. Smith answered that 58 trees, six inches or more in diameter will be removed on the easterly side. The 13 trees along the fence line will be saved. Dr. Blickstein inquired about the location of the scoreboard. Mr. Smith stated that the scoreboard had been shifted 30 feet to the west. Seeing no further questions from the Board or Professionals, Mr. Tombalakian opened the floor to the public for questions of Mr. Smith. Mary Ann Vigotov, 73 Shadylawn Drive, Madison asked Mr. Smith the location of the 13 trees being saved. Mr. Smith could not answer that question. There being no further questions for Mr. Smith that portion of the hearing was closed. Mr. Tuvel called Mr. Keenan Hughes up next. Mr. Hughes was previously sworn in and remains under oath. Mr. Tuvel asked Mr. Hughes if his opinion has changed on the positive and negative criteria regarding this application and the revised plans as submitted to the Board. Mr. Hughes replied that his opinion has strengthened on the positive and negative criteria with these revisions. The following exhibit was marked. Exhibit A-23: Revised Sign Detail having a last revision date of August 6, 2018 Mr. Hughes referred to the exhibit marked and informed the Board that the proposed new sign is square feet and has been reduced in height from 11 9 down to 8 5 1/2. All other signage variances remain the same. Mr. Hughes expressed to the Board that the shift in the field strikes a balance with the applicant and the neighbors. Dr. Blickstein asked if Mr. Hughes could testify to the scoreboard variance and the parking issue. Mr. Hughes began by stating that this is a University use and there is not a parking variance on this application. The application is not increasing student population. If Assembly Space were to be used for this application the parking requirement would be extremely high; and using Assembly Space to calculate parking would be absurd and not good planning. Parking is adequate to serve this site and can be managed on the Campus. If necessary the University will provide a monitoring report regarding the parking. Ms. Baillie questioned the Phase II application that is referenced on the plans. Mr. Tuvel stated that the application before the Board should be looked at as a single project. Exhibit A-20 was reintroduced to discuss the scoreboard signage. Mr. Hughes stated that the scoreboard as shown is 26 9 with a video display board in the center. This scoreboard is similar to the scoreboard at the Teaneck Campus. Mr. Tombalakian asked the Board or its Professionals if they had any questions for Mr. Hughes. Mr. Flemming asked if the back of the scoreboard will be illuminated or contain a video display board. Mr. Hughes stated no there would not be. Mayor Conley asked if the Home of The Devils as shown could be placed underneath the scoreboard. Mr. Hughes stated that he would need to defer to the applicant regarding the signage. 3

4 Ms. Erhlich asked if they had considered facing the scoreboard away from the Shadylawn residents. Mr. Hughes replied that was not taken into consideration. Seeing no further questions from the Board, Mr. Tombalakian opened the floor to the public for questions of Mr. Hughes. Mr. John Hicks, 61 Shadylawn Drive, Madison asked if parking is on the Florham Park Campus will these spectators be transported to the Madison fields. Mr. Hughes replied that they would. Mrs. Alison Johanson, 63 Shadylawn, Madison stated that the fence along Madison Avenue was being replaced for aesthetic reasons, however; was the chain-link fence with the barb wire on top along Shadylawn Drive and North Oak Court taken into consideration. Mr. Hughes stated that was a question for the applicant. Mrs. Virginia Hicks, 61 Shadylawn Drive, Madison asked if Mr. Hughes was aware that the homeowner at 245 Madison Avenue had asked that the proposed signage and fencing be moved back to 50 off the property line. Mr. Hughes stated that he was not aware of this request. Mrs. Mary Ann Vigotov, 73 Shadylawn Drive, Madison asked Mr. Hughes if spectators will be bused from the Florham Park Campus and they do not want to take the bus to the filed how will they be accommodated. Mr. Hughes affirmed that this will be a requirement of FDU to monitor and manage. Mrs. Anna Wong, 72 Garfield Avenue, Madison inquired as to how the trees and landscaping in the berm will be replaced and reestablished if damaged or dead. Mr. Tuvel pointed out that a Maintenance Bond is established for such items. Mr. Tombalakian asked if there were any further questions from the public, seeing none that portion of the meeting was closed. A five minute break was taken at 8:27 pm. At 8:41 pm all members of the Board were present and the meeting resumed. After conferring with the applicant during the break, Mr. Tuvel stated that if the application was approved a Parking Management Plan would be submitted. He further informed the Board that the scoreboard would be reduced by 3 9. At this point in the proceeding Mr. Tombalakian opened the floor to the public for comments. Mr. John Hicks, 61 Shadylawn Drive, Madison read a prepared statement stating the reasons that he was not in favor of the application. Mrs. Virginia Hicks, 61 Shadylawn Drive, Madison read a prepared statement also stating the reasons she is not in favor of the application. Mr. & Mrs. Eric and Alison Johanson, 63 Shadylawn Drive, Madison read a prepared statement citing a multitude of reasons why this application should be denied. Mrs. MaryAnn Vigotov, 73 Shadylawn Drive, Madison felt that the applicant did not look at the long term impact that this application would have on the neighborhood. She echoed that she is not in favor of the application. Mrs. Debra Dias, 24 Shadylawn Drive, Madison expressed her concerns and she also is not in favor of the application. Mrs. Charlene Tracy, 70 Shadylawn Drive, Madison was not in favor of the application. Mr. Robert Halgren, 7 Nordling Lane, Madison stated that the applicant has a great idea but Madison will end up paying for it and he is not in favor of this application. Mr. James Backman, 27 Shadylawn Drive, Madison read a prepared statement and stated that the resistance from the neighbors has been proven and he is not in favor of the application. Mr. Phil Duffy, 26 Alexander Avenue, Madison is in favor of the application. Mrs. Nicole Tokuyama, 55 Shadylawn Drive, Madison is in agreement with her neighbors and is not in favor of this application. 4

5 Mr. Peter Wooley, 30 Ferndale Road, Madison began by stating that he is an employee of the University and has also been a resident in Madison for 25 years. He is sympathetic to the Shadylawn neighborhood but states that Fairleigh Dickinson University is a good neighbor to the town of Madison and he is in favor of the application. Mr. Curtis Merryweather, 71 Shadylawn Drive, Madison stated that Fairleigh Dickinson may have good intentions but he is not in favor of this application. Mrs. Patricia Gaburo, 55 Prospect Street, Madison remarked that this application benefits Fairleigh Dickinson University but does not benefit Madison at all. She is not in favor of the application. Seeing no other members of the public wishing to be heard the public comment portion of this hearing was closed. A five minute break was taken at 9:48pm. The meeting resumed at 9:57pm with all members present. Mr. Tuvel gave his summation at this time. He believes that the comments and concerns of the Board and the Public were heard and addressed and the plan presented this evening is a much better plan then was first submitted. At this point in time the presentation was complete and the Board began its deliberation. Dr. Blickstein gave a summary of the variances being requested with this application. Mr. Loughlin instructed the Board that they should only look at the application before them this evening. Mr. Tombalakian began and conditions of the resolution if approved were discussed including a Parking Management Plan and he stated that the Board can revisit any issues during Phase II of the project. Mr. Flemming commented that he found two aspects disturbing, the parking and the size of the scoreboard, as well as the integrity of the neighborhood being preserved. Ms. Baillie stated that she felt that the benefits of this application do not outweigh the detriments. Ms. Huber affirmed Ms. Baillie s thoughts and felt that criteria were not established to approve the application. Mr. Lewis believes that parking is an issue with this application. Mr. Limbach does not like the location of the proposed field. Mayor Conley feels that a balance needs to be struck. Mr. Forte knows this is a difficult application and that the application should be better for the neighbors, he echoes the comments from the other Board members. Ms. Erhlich stated that parking on this application has been contentious from the beginning; also the signage variance being sought does not have a compelling argument. She also feels that the scoreboard is overwhelming and that sidewalks along Madison Avenue that were discussed where not included in the revised plans. Mr. Tombalakian asked for a motion, a motion to deny the application as presented was made by Ms. Huber seconded by Ms. Baillie. The following roll call was recorded as follows: Aye Mayor Conley, Ms. Baillie, Mr. Flemming, Mr. Forte, Ms. Huber, Ms. Ehrlich, Mr. Lewis, Mr. Limbach Nays Mr. Tombalakian Excused None PLANNING DISCUSSION Ms. Boardman reminded the Board that the regular meeting of the scheduled for September 18, 2018 was cancelled. The next meeting of the will be held on Tuesday, October 2, CORRESPONDENCE None Since there was no further business to come before the Board, Mr. Tombalakian asked for a motion to adjourn the regular meeting at 10:40pm.; motion was made by Mr. Flemming, seconded by Ms. Huber. A voice vote of aye was heard by all members present and carried. Respectfully submitted, Frances Boardman Board Secretary 5