Township of Millburn Minutes of the Zoning Board of Adjustment August 7, 2017

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1 Township of Millburn Minutes of the Zoning Board of Adjustment August 7, 2017 A regular meeting of the Township of Millburn Zoning Board of Adjustment was held on Monday, August 7, 2017 at 7:00 PM in Millburn Town Hall. Chairman Joseph Steinberg opened the meeting by reading Section 5 of the Open Public Meetings Act. A roll-call indicated the following members were present: Also present: Michael Birnberg Matthew Brett Ellen Hirsch Mary McNett Craig Ploetner Vanessa Scaglione Steve Togher Jessica Glatt, Vice Chairwoman Joseph Steinberg, Chairman Gail Fraser, Board Attorney Philip Fishman, Court Reporter Eileen Davitt, Zoning Officer/Board Secretary APPROVAL OF MINUTES A motion to approve the minutes of July 17, 2017 was made by Michael Birnberg, seconded by Mary McNett, and carried with a unanimous voice vote. MEMORIALIZATIONS Cal# , Gennady Rakhlin, 390 Hartshorn Drive, Short Hills A motion to approve the resolution memorializing the granting of variance relief to Gennady Rakhlin to construct an addition on the property located at 390 Hartshorn Drive was made by Craig Ploetner, seconded by Michael Birnberg, and carried with a roll-call vote as follows: 1

2 Vanessa Scaglione yes Cal# , Jessica Shen, 18 Mountainview Road, Millburn A motion to approve the resolution memorializing the granting of variance relief to Jessica Shen to construct an addition on the property located at 18 Mountainview Road was made by Mary McNett, seconded by Ellen Hirsch, and carried with a roll-call vote as follows: Cal# , Helen Wu/David Zhao, 23 Parkview Drive, Millburn A motion to approve the resolution memorializing the granting of variance relief to Helen Wu/David Zhao to construct an addition on the property located at 23 Parkview Drive was made by Michael Birnberg, seconded by Jessica Glatt, and carried with a roll-call vote as follows: Cal# , AMLA, LLC, 311 Forest Drive, South, Short Hills A motion to approve the resolution memorializing the granting of variance relief to AMLA, LLC to construct an addition on the property located at 311 Forest Drive South was made by Ellen Hirsch, seconded by Mary McNett, and carried with a roll-call vote as follows: 2

3 Cal# , Subarna Sadhukhan/Phandeendhav Vemuru, 38 Fairfield Terrace, Short Hills A motion to approve the resolution memorializing the granting of variance relief to Subarna Sadhukhan and Phandeendhav Vemuru to construct an addition on the property located at 38 Fairfield Terrace was made by Craig Ploetner, seconded by Mary McNett, and carried with a roll-call vote as follows: BUSINESS Cal#3243, Avi Weiss, 42 Woodcrest Avenue, Short Hills A motion to approve a 1-year extension of variance relief, to expire June 30, 2018, was made by Mary McNett, seconded by Jessica Glatt, and carried with a unanimous voice vote. APPLICATIONS CAL#3519, TAYLOR PARTNERS, LLC, 25 TAYLOR STREET, MILLBURN *Craig Ploetner and Jessica Glatt recused and left the meeting room. Gary Falkin, Attorney for the applicant, stated his appearance. Entered as A-13: satellite photo showing direction of traffic Harold Maltz, Traffic Expert, appeared and remains sworn. He stated that subsequent to the last meeting, he prepared an updated parking evaluation report dated July 26, He stated that he performed the updated surveys after the downtown roadway improvements were completed, in response to comments from Board members at the June meeting. The updated studies were performed on Thursday, June 8 from 9:30 12 PM and 1 PM 4:30 PM and Saturday, July 8 from 10:00 AM 3:30 PM. In addition, Mr. Maltz indicated that he provided ride share data based on calculations obtained from the existing Whippany, NJ aquatic facility. Entered as A-14: Google Earth map showing traffic signals along Main Street between Millburn Avenue and Willow Street Entered as A-15: 4-page handout vehicle volumes Entered as A-16: Hamal Associates 7/26/17 parking evaluation 3

4 Mr. Maltz indicated that he identified several parking areas within a reasonable distance from the proposed facility. These areas include (1) Taylor Street from Main to Spring; (2) Spring Street from Millburn Avenue to +/- 225 feet south of Taylor Street; (3) Millburn Avenue from Douglas Street to Main Street; (4) Municipal lot #4 (Taylor Street); (5) Municipal lot #5 (Municipal Building); (6) Municipal lot (west side of building); and (7) the new one-way street on the west side of the Municipal Building between Essex Street and Millburn Avenue. Based on the analyses performed on June 8 and July 7, Mr. Maltz indicated that the survey area more than adequately met the parking needs of the site at all times. Mr. Maltz stated that he met with the Millburn Board of Education Business Administrator with regard to the newly created 5 th grade academy, scheduled for a September 2017 opening. He indicated that the Administrator was in agreement that the proposed facility hours would not overlap with the proposed school hours of 8:40 AM 3:05 PM. Mr. Maltz stated that the applicant will be purchasing business parking permits for the employees to eliminate any potential on-street parking impact. Judy Rosenthal, 34 Marion Avenue, inquired as to the required parking calculation. Mr. Maltz stated that the calculation was based on a retail requirement of 1 space per 200 square feet for a total of 46 spaces. Ms. Rosenthal also asked Mr. Maltz if he has any data that supports the 15 minute overlap time. Mr. Maltz stated that this is the average overlap time as observed at the facility in East Hanover. Richard Keller, P. P., appeared and remained sworn. He spoke to the variances required for the proposal. He stated that the property is located in the B-4 zone district. The use proposed is a children s aquatic facility, which has been deemed a non-permitted use in the zone. Mr. Keller gave a brief summary of the applicant s proposal. He reminded the Board that the applicant initially proposed a much larger 2-story building. Based on comments by Board members, the applicant significantly reduced the building to the now proposed 1-story building. Mr. Keller stated that the application promotes public health, safety and general welfare, provides a recreational use for the Township and the broader community, and provides swim lessons in a local venue. Currently there are over 45 local families that drive to East Hanover to utilize the nearest facility. The application also promotes a desirable visual environment due to the attractive building design. In addition, the proposed front setback allows for landscaping between the building and the street. Mr. Keller stated that the site is particularly suitable for the proposed use. This is a destination that will bring consumers into the downtown. This site is not particularly suited for the uses permitted in the zone. He opined that variance relief can be granted without substantial detriment to the public good and without negatively affecting the surrounding character of the neighborhood. Elyas Khawaja, co-owner of New Wave Aquatics facility, Whippany, appeared and was sworn. In response to questioning by the applicant s attorney, he stated that the typical changing time between classes is approximately 15 minutes. 4

5 Judy Rosenthal, 12 Marion Avenue, asked what methodology was used to gather the statistics with regard to changing times. Mr. Khawaja stated that his calculations were based on visual observations at his Whippany location. Julie Kirschbaum, 12 Lake Road, asked if there are any amenities such as a juice bar or steam shower at this proposed location. Mr. Khawaja stated that he has no knowledge of any amenities at the proposed Millburn location. Jordana Horn Gordon, 163 Highland Avenue, appeared and was sworn. She stated that she is a huge supporter of the proposed facility and takes pride in Millburn. There is a level of instruction here that cannot be found elsewhere. This would be a great benefit to the community and she would love to see the application approved. Joe Zecca, 382 Millburn Avenue, appeared and was sworn. He stated that this facility will bring a great draw to Millburn and he would like to see the application approved. The street parking in the area is usually vacant. Ann Rosenthal, 25 Reeves Circle, appeared and was sworn. She stated that she is concerned that this facility is going to cause issues with traffic. She feels that the mechanicals associated with the facility are going to have a negative effect on her rental property on Main Street. Benjamin Lehrhoff, 19 Haran Circle, appeared and was sworn. He stated that he is excited at the prospect of having the swim facility located in Millburn. He feels this proposal will have a bonding effect on the community. Sara Singer, 177 Highland Avenue, appeared and was sworn. She stated that the prospect of having a local swim school is a great benefit to her and will be an asset to the community, as well. Jordan Davis, 40 Park Place, appeared and was sworn. He feels the use proposed will have a great positive impact on the community. Josh Sanders, 97 Mountainview Road, appeared and was sworn. He stated that the proposed swim facility is ideally located for him and his family. Diane Nelson, 48 Hillside Avenue, appeared and was sworn. She stated that she has been utilizing the New Wave facility in Whippany. She would love to utilize a local facility rather than driving outside of the municipality. Judd Carlton, 71 Harvey Drive, appeared and was sworn. He stated that he would love to see this proposal approved as it will be a tremendous benefit to the community. 5

6 Gloria Newman, 28 Northern Drive, appeared and was sworn. She stated that she has lived here her entire life and feels this facility will serve a great need in the community. Rob Frenkel, 45 Northern Drive, appeared and was sworn. He stated that this is a beautifully designed facility and he would like to see the Township embrace it. Lee Edelson, 10 Randall Drive, appeared and was sworn. He stated that this property is located in a commercial zone. He believes this will revitalize the area. Aaron Silverman, 19 Parkview Drive, appeared and was sworn. He stated that he is in favor of the proposed facility. He has been to several swim schools in surrounding towns and would love to see a local facility offering educational swim instruction. Roberta Schwartzman, 28 Taylor Street, appeared and was sworn. She stated that she lives across the street from the proposed facility. The Board must take into account the fact that there are residences located on the other side of the street. The residents will have to live with the inconveniences associated with this facility. It will be a great imposition. Judy Rosenthal, 12 Marion Avenue, appeared and was sworn. She stated that much of the evidence presented was not substantiated. She feels this Board needs actual data. Although the building is beautiful and the use will benefit the community, this is not the proper location for it. Julie Kirschbaum, 12 Lake Road, appeared and was sworn. She stated that she believes this local facility is ideal for parents who do not have the luxury of being able to drive minutes to a swim facility. She favors the proposal. Rachel Braverman, 242 Hartshorn Drive, appeared and was sworn. She stated that this facility will be in the best interest of the community. Vaclav Benes, 26 Taylor Street, appeared and was sworn. He reminded the Board that they should act as an extension of the Planning Board. They need to consider if this use is a good idea for Millburn. He does not believe the downtown space should be used this way and feels Millburn should hold out for a use that is more beneficial to the general public. Mr. Benes is concerned about the viability of this facility. He feels this is the wrong location for the proposed use. Mary McNett stated that she was involved for many years identifying and implementing creative and effective ways to re-vitalize the downtown. The world has changed around us. Now we have online shopping. She believes the downtown needs entertainment and sports activities such as been proposed here. The Township needs to be adaptive. They have engaged in a very expensive project to slow the traffic along Millburn Avenue. There is a changing dynamic and she supports an application of this nature. 6

7 Steve Togher feels there is some problem with the traffic study that was done. However, if we look at the downtown and the need for some revitalization, this could be the start of that revitalization. You do not often see this type of support for an application. Michael Birnberg stated that this property is commercially zoned and ultimately, the house will come down and something will go there. Things come and go and we cannot be afraid of that. We need to be adaptive, welcome the future and balance the equities. We have listened to the parking studies, the planning testimony, and the plusses and minuses on both sides. Matthew Brett feels this is a great idea and something the town needs. However, he feels this is the wrong location. He feels this proposal will have a negative effect on the streetscape. He stated that he was not comfortable with the traffic/parking study that was submitted. Vanessa Scaglione indicated that she has mixed feelings on the proposal. She thinks it is a fantastic idea. She is somewhat concerned by the potential traffic and parking. Joseph Steinberg stated that he listened carefully to the testimony of the applicant s planner, Mr. Keller, and feels the positive criteria has been met. He believes the real issue is the negative criteria. This Board must decide if this proposal results in substantial detriment to the public good. He stated that Mary McNett hit on a lot of interesting points. The town has changed over the years as has the nature of retail. This applicant has been before this Board previously for a use variance to subdivide the property and construct two 2-family dwellings. That application was rejected because the property is not zoned for residential. This property is zoned commercially. He feels this application will have some negative impact but he does not believe it will be a substantial negative impact. Upon a motion made by Mary McNett, seconded by Steve Togher, and with a roll-call vote as follows: Matthew Brett no Vanessa Scaglione yes Steve Togher yes Cal#3519, Taylor Partners, LLC, 25 Taylor Street, d use variance relief was APPROVED with the following conditions: 1) the applicant is subject to the hours of operation schedule as submitted and set forth in exhibit A-11; 2) applicant shall purchase 10 business parking permits. Upon a motion made by Steve Togher, seconded by Mary McNett, and with a roll-call vote as follows: 7

8 Matthew Brett no Vanessa Scaglione yes Steve Togher yes Cal#3519, Taylor Partners, 25 Taylor Street, c variance relief for parking/loading and preliminary and final site plan was APPROVED. CAL# , EMILY & GREGG GUNSELMAN, 370 HOBART AVENUE, SHORT HILLS The matter was carried to October 2, CAL# , JAMES FOERST, LLC, 161 MILLBURN AVENUE, MILLBURN The application was withdrawn by the applicant. ADJOURNMENT A motion to adjourn was made by Matthew Brett, seconded by Ellen Hirsch, and carried with a unanimous voice vote. (11:45 PM) Motion: MM Second: CP Date Adopted: 8/21/17 Eileen Davitt Board Secretary 8