BRIDGEWATER TOWNSHIP

 PLANNING BOARD

Regular Meeting

Monday, November 24, 2008

—MINUTES—

CALL MEETING TO ORDER:

Chairman Fross called the regular meeting of the Bridgewater Township Planning Board to order at 7:00 pm at the Bridgewater Township Municipal Court, 505 Route 202/206 North, Bridgewater, New Jersey.

OPEN PUBLIC MEETINGS ACT ANNOUNCEMENT:

            In accordance with the requirements for the Open Public Meetings Act, this meeting was noticed on January 11, 2008.  Notices were sent to the Courier News and The Reporter and were posted in the Bridgewater Township Municipal Building at least 48 hours prior to the meeting.  All requirements of the Sunshine Law have been met.

            Please be aware of the Planning Board policy for public hearings: no new applications will be heard after 10:00 pm and no new testimony will be taken after 10:15 pm.

SALUTE FLAG:

There was salute to the flag.

ROLL CALL:

Mr. Rodzinak – absent                                               Mrs. Joanne Kane - present               

Mrs. Knapp – present                                                 Mr. Leven – present  

Councilman Scaglione – present                                Mayor Flannery – present

Chairman Fross – present                                           Ms. Barbara Kane, Alt. #1 - present              

                                                                                    Mr. Hayes, Alt. #2 - present

Others present: Thomas Molica, Esq. for Board Attorney Thomas Collins, Township Planner Scarlett Doyle, Township Engineer Robert C. Bogart, Grace Karanja, Assistant Planning Board Secretary.

APPROVAL OF BOARD MINUTES:

November 11, 2008 Special meeting – Motion by Mrs. Knapp, second by Mrs. Joanne Kane, the November 11, 2008 special meeting minutes of the Planning Board were adopted, as amended on a unanimous voice vote of those present and eligible to vote:

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MEMORIALIZATION OF RESOLUTIONS:

None Pending

HEARINGS AND DELIBERATIONS:

BRIDGEWATER ODC, LLC c/o Goldman Sachs Group, Inc.

Block 112 Lots 1.03, 3 & 4 (756 Route 202)

#04-07-PB, Minor Subdivision and amended Site Plan Application

Time:  Extension to 12/31/08

Attorney Richard Goldman was present to represent the applicant. He confirmed that this is a continuation of a public hearing regarding the relocation of a fence, which commenced on 8/25/08. Mr. Goldman stated that the plans have been modified in light of the concerns expressed by the community, as follows:

1.      The applicant is no longer requesting a change to the fence line, which will be set back 50-ft off the rear property line, as was originally approved.

2.      The land at 50 feet (Conservation Tract), from the fence to the property line will be dedicated to the Township for the purposes of conservation. The entire conservation easement is 100-ft.

3.      The applicant wishes to reserve any Conservation Tract, meaning that the Township will consider the conservation tract to be part of the applicant’s property, post-conveyance, for the purposes of determining compliance with current and future bulk requirements.

4.      No cameras will be installed on this fence line.

5.      No driveway will be installed along the fence

6.      The ornamental fence along Route 202 to the west of the access road will be moved back 60-ft interior of its presently approved location to avoid elimination of mature trees.

Brian Lainson, PE was sworn in and his credentials accepted. He introduced an exhibit which was marked into evidence as follows:

A-1      11/24/08         Sheet C-1003 of a plan depicting the new fence location (along Route 22)

Engineer Lainson testified that the decorative fence will be located back 60-ft feet from the front property line. The relocated fence will allow the existing vegetation to remain.

The decorative fence will be extended an additional 50-ft to the property line of the abutting residences. The fence extension is needed to prevent entrance of unauthorized vehicles or persons onto the 50-ft nearest the homeowners. A gate may be required.

Mayor Flannery raised the issue of cleaning up the property. Upon discussion, the applicant agreed to discuss this as part of the conveyance. An escrow account was considered an alternative approach toward removing the debris. This would be a subject which is appropriate for a Developer’s agreement with Township Council.

The applicant’s representative, Alfred Nagiv, was called forward for testimony, and was sworn in. He confirmed that cameras at the fence will not be installed. Further, the previously proposed driveway will not be installed.

The applicant also agreed, per the Township’s Tax Assessor, that they would merge the lots within the subject property complex. In addition, the applicant confirmed that reasonable and modest landscaping will be installed per the Ordinance and under the supervision of Township Planner Doyle. In the event that there is disagreement, the applicant shall return to the Board for a determination.

The applicant agreed that the Township could dispose off the property to others, so long as conservation easement remains intact and that Goldman Sachs retains rights to all bulk standards.

Chairman Fross opened the hearing to the public for questions:

Kristen Cacchio, 138 Timothy Place was present and was sworn in.  She asked about the orange lights on the building. Township Planner Doyle stated that lights are not permitted to shine into residential homes. Shields must be installed to be effective.

Richard Schneider, 190 Milltown Rd. was present and he was sworn in. He presented photos, which were marked into evidence as follows:

B-1       11/24/08         Pictures showing a wide swath of clearing for the fiber optic line.

Attorney Goldman and Mr. Nagiv indicated that most of the swath was there previously. More evergreens will be planted on the side of the swath. The swath to be constructed for the fence will be approximately 5 to 6 feet in width.

Charlotte Shipley, 124 Timothy Place was present and she was sworn in. She asked about security measures for the site.

James Maguire, 153 Sycamore Ave. was present and was sworn in. He presented photos, which were marked into evidence as follows:

B-2       11/24/08         Pictures showing plantings along his rear lines.

Mr. McGuire stated that he wants twelve (12) 6 to 8-ft high evergreens along the common line with his property as was promised to him during the 2003 approval. Mr. Goldman objected to the height for the plantings. Planner Doyle will work with the applicant and Mr. McGuire to assure a reasonable conclusion.

Dorothy Horton, 25 Ivy Lane was present and she was sworn in.  He presented photos, which were marked into evidence as follows:

B-3       11/24/08         Photographs showing water/drainage problems

Mrs. Horton noted that she now has drainage issues, which she believed were generated by the applicant and wanted to know what can be done. Attorney Goldman stated that Mrs. Horton’s run-off issues have not stemmed from the applicant’s site. Mr. Bogart noted that the drainage pattern, at the Goldman Sachs site has not been altered.

Barbara Ronca, 115 Timothy Place was present and she was sworn in. She confirmed that she is the president of the Shade Tree Board. She indicated that there are several significant trees along the property line. She asserted that protection of the trees should still be a goal during the process of installing the fence line. She added that the Shade Tree Board would like input for landscaping on this site.

Neil Hendrikson, 408 Van Holten Rd. was present and he was sworn in. He confirmed that he is also a member of the Shade Tree Board and a professional arborist. His concern was a concern of compaction. He noted the problem of red oaks which could die due to disease. He asked that the applicant not introduce invasive species.

Joseph Wielgus, 3 Holly Court was present and he was sworn in. He discussed the 16’ wide right of way which is a right of way for his property. Mr. Bogart stated that the Goldman Sachs title search shows that Goldman Sachs owns that strip of land to be part of the Goldman Sachs property. Mr. Bogart confirmed that it is not the Board’s responsibility to sort out title issues.

Charlotte Shipley, 124 Timothy Place was present and she was sworn in. She discussed a concern about the culvert and wants to be sure it continues to function.

Edmund Gruenewald, 136 Timothy Place was present and he was sworn in. He was concerned about bright lights and tree preservation. He asked for additional plants and further asked that the lights are shielded.

Chairman Fross closed the public portion of the hearing. He opened the meeting to be Board for deliberation. The Board stipulated on the following conditions:

1. Approval is subject to the Mayor and Township Council’s review and approval of the conveyance of the Conservation Tract
2. A separate/amended Developer’s Agreement discussing conveyance will be required. The form of Developer’s Agreement shall be subject to the review and approval of the Township Attorney, Planning Board Attorney, Township Engineer and Township Planner.
3. The applicant shall not install security cameras on the perimeter fence along the Conservation Tract
4. There shall be no driveway along the fence
5. The applicant shall comply with the reports of the Township Planner dated 8/15/08 and the Township Engineer dated 8/12/08
6. The applicant shall merge the lots within the subject property complex
7. The applicant shall submit an updated landscaping plan. The revised landscape plan shall include a proposal for additional landscaping in the swath area cleared for the installation of the fiber optic lines and shall include a proposal to address the concerns of Mr. James McGuire, the owner of the property known as 153 Sycamore Ave.  Any and all disputes regarding the landscape plan shall be returned to the Board for review and adjudication.
8. Lights will be re-visited to protect the residents. The applicant shall ensure that the lighting structures comply with applicable Township ordinance requirements.
9. The applicant shall comply with the conditions of the prior approvals
10. There shall be no more tree clearing
11. The 100-ft wide conservation easement is to be approximately 50 feet wide on the applicant’s property.
12. The proposed relocation of the decorative fence is to meander 50 to 60-ft in order to preserve trees.
13. The decorative fence will be extended an additional 50-tt to the property line of the abutting residences. The fence extension is needed to prevent entrance of unauthorized vehicles or persons onto the 50-ft nearest the homeowners. A gate may be required.
14. The cleaning of debris will be discussed in the Developer’s Agreement.
15. The Township can dispose off the 50-ft easement to others, so long as conservation easement remains intact and that Goldman Sachs retains rights to all bulk standards

Motion by Mayor Flannnery, second by Mrs. Joanne Kane, the above referenced application for a minor subdivision and amendment to preliminary and final Site Plan, was approved, subject to the conditions discussed, on the following roll call vote:

AFFIRMATIVE:             Mrs. Joanne Kane, Mr. Leven, Mayor Flannery, Councilman Scaglione, Mrs. Barbara Kane, Mr. Hayes, Chairman Fross

          OPPOSED:         None

ABSTENTIONS:                        None

ABSENT:          Mr. Rodzinak

NOT ELIGIBLE:             Mrs. Knapp

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Chairman Fross called for a five (5) minute recess at 8:25pm. The meeting resumed at 8:30pm with all Board members present as before.

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TAMEDL, Brian and Jennifer

Block 907 Lot 41.02 (Mt. Horeb Road)

Lots are currently designated as 41.03 and 41.04

#64-05-PB, Preliminary & Final Subdivision Amendment

Time:  Extension to 11/30/08

PROPOSAL: Relocation of driveway improvements

Mr. Brian and Mrs. Jennifer Tamedl were present. The subject property consists of 4.717 acres (205,460 sf) and it is located in the R-50, Single-Family Residential zone.  The applicant received preliminary and final subdivision approval on February 14, 2006. The approval allowed the applicant to subdivide the eastern portion of the property to create a new building lot consisting of approximately 2.46 acres (107,165 sf). The remaining lands consisted of approximately 2.25 acres (98,294 sf).  The applicant has filed the approved subdivision maps and is currently constructing their new home.

Mr.  & Mrs. Tamedl’s current request is for the Board to reconsider the resolution requirement for roadway improvements, including the driveway location, width of the roadway and the length of the roadway improvements. They asked to retain the existing location of a roadway to their newly-subdivided lot. The applicant cites that the removal of mature trees, which would be necessary for re-locating the road to be within the public right of way, is one reason for their request. Further, Mr. Tamedl requested that they are allowed to have a 3” thick pavement, rather than what was approved.

Joseph Baraco, owner of land at 1 Twin Cook Rd. over which the roadway lies, testified that he was agreeable with the current request to retain the existing driveway, citing that this would assure the existing mature trees are preserved.

Mrs. Waldron, grandmother to the applicant, who resides at 2 Twin Cook Rd. stated she has no objection to the applicant’s request. Both home owners agreed that four homes, plus vacant land, will not be requested to become a municipal roadway.

On question of the Board, Mrs. Tamedl testified that the joint maintenance agreement requires that all four (4) parties or surrounding home owners must participate in the maintenance of the roadway.

Chairman Fross opened the hearing to the public. There were no questions or comments. The Board stipulated on the following conditions of approval:

1. The applicant shall comply with the 18’ wide driveway (roadway) requirement.
2. Prior conditions of approval are to remain in full force and effect.
3. Applicant is to file a Maintenance Agreement and record same with Somerset County

Motion by Mrs. Knapp, second by Mrs. Joanne Kane, the above referenced application for an amendment to the Preliminary and Final Subdivision application, was approved, subject to the conditions discussed, on the following roll call vote:

AFFIRMATIVE:             Mrs. Joanne Kane, Mrs. Knapp, Mr. Leven, Mayor Flannery, Councilman Scaglione, Mrs. Barbara Kane, Chairman Fross

          OPPOSED:         None

ABSTENTIONS:                        None

ABSENT:          Mr. Rodzinak

NOT ELIGIBLE:             Mr. Hayes

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SOMERSET VALLEY REHAB & NURSING CENTER

Block 800 Lot 8 (Route 22)

#26-08-PB, Preliminary & Final Major Site Plan w/variances

Time: 2/20/09

PROPOSAL: 53,180 s.f. expansion of senior care facility

It was confirmed for the record that Board Member Joanne Kane had a conflict with this matter and she stepped down from the dais.

Robert Simon, Esq. was present to represent the applicant. Attorney Simon described the variances and waivers requested. The following witnesses were sworn in:

Mr. Julius T. Szalay, PE, LS

Mr. William Buriss, a principal of the owner and operator of the existing facility

Mr. David Shropshire, PP

Mr. Buris testified as Executive Vice-President of Care One, of which this facility is an affiliate. He provided the Board with a summary of the applicant’s request, explaining that the applicant is seeking approval to construct a 53,180 square foot addition to the existing Somerset Valley Rehabilitation and Nursing Center.  The proposed expansion includes the addition of one and a half stories to the existing one story senior health care facility located on the subject property, in accordance with the plans submitted by the applicant.  The applicant is also proposing to construct associated site improvements.  Mr. Buress further testified that the addition will house living quarters for patients suffering from Alzheimer’s disease and other types of dementia-based mental illness.   Mr. Buress indicated that the total number of beds available in the facility (post addition) shall be 159.  He also indicated that there will be 128 parking spaces available after the addition. Four beds would be eligible as COAH units.

Chairman Fross opened the hearing to the public for questions:

Don Pellegrino, 7 McNath Court, was present and he was sworn in. He stated that he operates similar facilities and he agreed with the COAH discussions previously held.

Mr. Julius T. Szalay, PE, LS was called forward for his testimony.  His qualifications as a licensed professional civil engineer and licensed land surveyor were reviewed and accepted by the Board.  He explained the applicant’s proposal to construct the one and a half story addition to the existing building and the requested preliminary and final major site plan relief and ancillary bulk variance relief required for it to effectuate the construction of said addition.  He then discussed and presented exhibits which were marked into evidence as follows:

A-1      11/25/08         Page A-1 of the Plans, overall site

A-2      11/24/08         Aerial photograph of the subject property showing the existing site and building. 

A-3      11/24/08         Colored rendering of the site showing proposed expansion entitled “Plan Exhibit” dated 11/24/08

Mr. Szalay reviewed the reports of the Board Engineer dated 11/10/08 and Board Planner dated 10/19/08, and confirmed on behalf of the applicant that the applicant would fully comply with said reports.  Further, the applicant agreed to comply with the requirements of the Township’s Fire Official.

Mr. Szalay testified that with regard to the Council on Affordable Housing contribution (COAH) requirements relating to the construction of the Alzheimer and dementia-illness addition. The applicant agreed to provide four (4) low income units and tender payment of the 2.5% contribution fee as a condition of approval. 

Chairman Fross opened the hearing to the public for questions:

Keith McDermott, 1635 Donohue Rd. was present and he was sworn in. He asked about lighting, carting, and landscaping. It was confirmed that the lights will be shielded where the lights affect residents.

Randy Lagano, 1613 Donohue Rd. was present and he was sworn in. He asked about the existing road to Donohue. It was confirmed that there would be no change in location.

Mr. David Shropshire, PP, the applicant’s professional planner and traffic consultant was called forward for his testimony.  Mr. Shropshire’s qualifications were reviewed and accepted by the Board.  He provided the Board with a summary of his analysis of the traffic and traffic circulation for the site.  He confirmed for the Board that there was an adequate maneuverability for emergency and trash/recyclable material collection vehicles at the site and indicated that the applicant shall provide the Board with confirmation of the adequacy of said maneuverability and with a traffic report supporting the testimony provided during the public hearing.

Mr. Shropshire then testified in support of variances being sought including: bulk variance relief for exceeding the permitted disturbance percentages in critical slope areas, exceeding the maximum height requirement of 35 feet and a variance for the proposed re-grading in the conservation buffer area depicted on the plans.  He explained that the requested variance relief could be granted, as the purposes of the Municipal Land Use Law are advanced by the deviations from the relevant zoning ordinance requirements. The proposed Alzheimer and dementia-illness addition to the existing senior health care facility, and the benefits of said deviation substantially outweigh any detriment or detriments caused by the deviation. 

The Board agreed with the applicant in that the purposes of the Municipal Land Use Law are advanced by the deviations from the relevant zoning ordinance requirements. The proposed Alzheimer and dementia-illness addition to the existing senior health care facility, and the benefits of said deviation substantially outweigh any detriment or detriments caused by the deviation

There were no questions from the Board or the public. Chairman Fross opened the hearing to the Board for deliberation. After considerable discussion, the Board moved approval of the application with the following conditions:

1.      The applicant shall comply with the reports of the Township Engineer, Robert Bogart, dated November 10, 2008, and the report of the Township Planner, Scarlett Doyle, dated October 19, 2008

2.      The applicant shall comply with the recommendations of the Fire Official.

3.      Garbage pick-up shall be during, but not prior to 9 AM or later than 5 PM.

4.      The applicant shall provide a striping and signage plan for the review and approval of the Township Planner and Engineer.

5.      The applicant shall construct four (4) low income units and tender payment of the 2.5% COAH contribution fee.

6.      The applicant shall enter into a Developer’s Agreement with the Township of Bridgewater for the construction of the addition. The form of Developer’s Agreement shall be subject to the review and approval of the Township Attorney, Planning Board Attorney, Township Engineer and Township Planner

7.      The applicant shall provide a traffic report, which shall include confirmation of the adequacy of maneuverability of emergency vehicles and trash/recyclable material collection vehicles within the site.  Said report shall be subject to the review and approval of the Township Engineer and Township Planner.

8.      The applicant shall meet with various neighbors at the subject property to review the lighting at the site and adjust the lighting, if necessary.  The applicant shall submit a revised lighting plan, if required, which shall be subject to the review and approval of the Township Planner.  Any disputes regarding same shall be returned to the Board for adjudication.

9.      The applicant shall ensure that the existing lighting structures at the subject property comply with any and all applicable Township ordinance requirements.

10.  The applicant will provide signing and pavement stripes to make it more clear that exiting traffic must turn right. The applicant however will not need to rebuild the entrance or build an island.

Motion by Mayor Flannery, second by Mr. Hayes, the above referenced application for Preliminary and Final Site Plan with Variances, was approved, subject to the conditions discussed, on the following roll call vote:

AFFIRMATIVE:             Mrs. Knapp, Mr. Leven, Mayor Flannery, Councilman Scaglione, Mrs. Barbara Kane, Mr. Hayes, Chairman Fross

          OPPOSED:         None

ABSTENTIONS:           Mrs. Joanne Kane

ABSENT:          Mr. Rodzinak

NOT ELIGIBLE:             None

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OTHER BOARD BUSINESS:

The Board did not conduct any other business

MEETING OPEN TO THE PUBLIC

Chairman Fross opened the meeting to public for non-agenda items.  With hearing none, Chairman Fross closed the public portion of the meeting.

ADJOURNMENT:

It was the consensus of the Board to adjourn the meeting at approximately 11:00pm.

Respectfully submitted,

Grace Karanja,

Assistant Planning Board Secretary

ADOPTED: 12/9/08