BRIDGEWATER TOWNSHIP PLANNING BOARD
Reorganization & Regular Meeting
Tuesday, January 13, 2009
—MINUTES—
CALL MEETING TO ORDER:
Chairman Fross called the re-organization and 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.
SWEAR IN MEMBERS:
Board Attorney Thomas Collins swore in the following Board members, who also signed their oaths of office.
· Class II – Steve Rodzinak
· Class III - Councilman Robert Albano
· Class IV – Barbara Kane
· Class IV alternate member #1 – Dan Hayes
· Class IV alternate member #2 – N. Janine Dickey
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ROLL CALL:
Mr. Rodzinak – present Mrs. Joanne Kane - present
Ms. Barbara Kane – present Mr. Leven – absent
Councilman Albano– present Mayor Flannery – present
Chairman Fross – present Mr. Hayes, Alt. #1 - present
N. Janine Dickey, Alt. #2 - present
Others present: Board Attorney Thomas Collins, Nancy Weaver-Smith for Township Planner Scarlett Doyle, Township Engineer Robert Bogart, Grace Karanja, Planning Board Administrative Assistant
RESOLUTIONS FOR REORGANIZATION:
ELECTION OF CHAIRMAN
Attorney Collins called for the nomination of Chairman. Mayor Flannery nominated Alan Fross. Mrs. Barbara Kane seconded the motion which carried on the following roll call vote:
AFFIRMATIVE: Mr. Rodzinak, Mrs. Joanne Kane, Mrs. Barbara Kane, Councilman Albano, Mayor Flannery, Mr. Hayes
OPPOSED: None
ABSTENTIONS: Mr. Fross
ABSENT: Mr. Leven
NOT ELIGIBLE: Ms. Dickey
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ELECTION OF VICE-CHAIRMAN:
Chairman Fross called for a nomination of Vice Chairman. Mayor Flannery nominated Mrs. Joanne Kane. The motion was seconded by Mrs. Barbara Kane and carried on the following roll call vote:
AFFIRMATIVE: Mr. Rodzinak, Mrs. Barbara Kane, Councilman Albano, Mayor Flannery, Mr. Hayes, Mr. Fross
OPPOSED: None
ABSTENTIONS: Mrs. Joanne Kane
ABSENT: Mr. Leven
NOT ELIGIBLE: Ms. Dickey
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APPOINTMENT OF BOARD SECRETARY:
Chairman Fross called for a nomination of Board Secretary. Mayor Flannery nominated Scarlett Doyle, PP and Mrs. Joanne Kane seconded the motion which carried on the following roll call vote:
AFFIRMATIVE: Mr. Rodzinak, Mrs. Joanne Kane, Mrs. Barbara Kane, Councilman Albano, Mayor Flannery, Mr. Hayes, Mr. Fross
OPPOSED: None
ABSTENTIONS: None
ABSENT: Mr. Leven
NOT ELIGIBLE: Ms. Dickey
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APPOINTMENT OF ASSISTANT BOARD SECRETARY:
Chairman Fross called for a nomination of Assistant Board Secretary. Mayor Flannery nominated Grace Karanja and Mr. Hayes seconded the motion which carried on the following roll call vote:
AFFIRMATIVE: Mr. Rodzinak, Mrs. Joanne Kane, Mrs. Barbara Kane, Councilman Albano, Mayor Flannery, Mr. Hayes, Mr. Fross
OPPOSED: None
ABSTENTIONS: None
ABSENT: Mr. Leven
NOT ELIGIBLE: Ms. Dickey
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APPOINTMENT OF BOARD PROFESSIONALS:
APPOINTMENT OF BOARD ATTORNEY:
RESOLUTION OF THE PLANNING BOARD OF THE TOWNSHIP OF BRIDGEWATER RATIFYING AND AUTHORIZING THE AWARD OF A CONTRACT FOR PROFESSIONAL SERVICES TO THOMAS F. COLLINS, JR., ESQ. OF THE LAW FIRM OF VOGEL, CHAIT, COLLINS & SCHNEIDER
WHEREAS, the Planning Board of the Township of Bridgewater will require professional services for legal services; and
WHEREAS, the above‑mentioned services can be performed adequately and effectively by Thomas F. Collins, Jr., Esq., a Member of the Firm of Vogel, Chait, Collins & Schneider; and
WHEREAS, the Local Public Contracts Law, N.J.S.A. 40A:11‑5, permits a contract for professional services to be awarded without the need for competitive bids; and
WHEREAS, it is the intent of the Planning Board of the Township of Bridgewater to approve an agreement with Thomas F. Collins, Jr. at an hourly rate of $165.00 per hour; and
WHEREAS, such award of contract shall be made as a non – fair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.5,
WHEREAS, the Thomas F. Collins, Jr., Esq. and Vogel, Chait, Collins & Schneiderhas completed and submitted a Business Entity Disclosure Certification to the Township, prior to the adoption of this Resolution, which certifies that Thomas F. Collins, Jr., Esq. (including any individual with an ownership “interest” or control of more than 10% of its profits or assets or 10% of its stock, if a corporation, or any of itsprincipals, partners, officers or directors or their spouses) has not made any reportable contributions to a political or candidate committee in the name of Michael Hsing, Howard Norgalis, Robert Albano, Matthew Moench, Patrick Scaglione and/or Mayor Patricia Flannery and that the contract will prohibit Thomas F. Collins, Jr., Esq. from making any reportable contributions, contrary to N.J.S.A. 19:44A-20.5, through the term of their contract with the municipality; and
WHEREAS, Thomas F. Collins, Jr., Esq. and Vogel, Chait, Collins & Schneider have completed and submitted to the Township, in accordance with the New Jersey Local Unit Pay to Play Laws (N.J.S.A. 19:44A-20.4 et seq.) a Political Contribution Disclosure Form (submitted at least 10 days prior to the adoption of this Resolution) as well as a New Jersey Business Registration Certificate and a Stockholder Disclosure Certification (prior to the adoption of this Resolution) and acknowledges that the statutory terms and conditions relating to the Political Contribution Disclosure including the possible need to file an annual disclosure statement with the New Jersey Election Law Enforcement Commission are contained as separate provisions within the Township Professional Services Agreement which Thomas F. Collins, Jr., Esq. and Vogel, Chait, Collins & Schneider will be required to sign; and
WHEREAS, James T. Naples, the Township Administrator, has determined and certified in writing that the value of the acquisition of such services will exceed $17,500, that document being entitled Certificate of Value; and
WHEREAS, a certification affirming the availability of funds in accordance with N.J.A.C. 5:34-5.1 et seq. has been provided by the Chief Financial Officer of the Township and is attached hereto and made a party hereof, and
WHEREAS, N.J.S.A. 40A:11‑5 requires that the award for professional services be publicly advertised;
NOW, THEREFORE, BE IT RESOLVED, by the Planning Board of the Township of Bridgewater, County of Somerset, State of New Jersey, as follows:
1. The Planning Board of the Township of Bridgewater hereby approves the contract with Thomas F. Collins, Jr., Esq. from January 1, 2009 through December 31, 2009.
2. The Chairman and Secretary of the Planning Board are authorized and directed to enter into a contract with Thomas F. Collins, Jr., Esq. for legal services for the period from January 1, 2009 through December 31, 2009 in accordance with the contract attached hereto and made a part hereof.
3. This contract is entered into without competitive bidding as a "professional service" pursuant to the Local Public Contracts Law as this is a professional service within the meaning of that law.
4. A copy of this resolution will be published in the Planning Board's official newspaper, within ten (10) days of passage as required by law.
Motion by Mrs. Joanne Kane, second by Mrs. Barbara Kane, the foregoing resolution appointing Thomas F. Collins, Esq. as Planning Board Attorney for 2009 was adopted on the following roll call vote:
AFFIRMATIVE: Mr. Rodzinak, Mrs. Joanne Kane, Mrs. Barbara Kane, Councilman Albano, Mayor Flannery, Mr. Hayes, Mr. Fross
OPPOSED: None
ABSTENTIONS: None
ABSENT: Mr. Leven
NOT ELIGIBLE: Ms. Dickey
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APPOINTMENT OF BOARD ENGINEER:
RESOLUTION OF THE PLANNING BOARD OF THE TOWNSHIP OF BRIDGEWATER APPOINTING THE TOWNSHIP ENGINEER,
ROBERT C. BOGART, P.E. AS THE PLANNING BOARD ENGINEER
WHEREAS, the Planning Board of the Township of Bridgewater will require engineering services for the Board; and
WHEREAS, the above mentioned services can be performed adequately by Robert C. Bogart who is employed as the Township Engineer of the Township of Bridgewater; and
WHEREAS, it is the intent of the Planning Board of the Township of Bridgewater to appoint Robert C. Bogart, P.E as the Board Engineer commencing January 1, 2009 thru December 31, 2009.
NOW, THEREFORE, BE IT RESOLVED, the Planning Board of the Township of Bridgewater, County of Somerset, State of New Jersey, as follows:
1. The Planning Board of the Township of Bridgewater hereby appoints Robert C. Bogart, P.E. as the Board Engineer for 2009, commencing January 1, 2009 thru December 31, 2009.
Motion by Mrs. Joanne Kane, second by Mrs. Barbara Kane, the foregoing resolution appointing Robert C. Bogart, PE as Planning Board Engineer for 2009 was adopted on the following roll call vote:
AFFIRMATIVE: Mr. Rodzinak, Mrs. Joanne Kane, Mrs. Barbara Kane, Councilman Albano, Mayor Flannery, Mr. Hayes, Mr. Fross
OPPOSED: None
ABSTENTIONS: None
ABSENT: Mr. Leven
NOT ELIGIBLE: Ms. Dickey
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APPOINTMENT OF SUPPLEMENTAL & ESCROW RELATED ENGINEERING SERVICES:
RESOLUTION AUTHORIZING THE AWARD OF A CONTRACT FOR
ESCROW RELATED PROFESSIONAL ENGINEERING SERVICES TO
DAVID J. HODER, P.E. OF MASER CONSULTING, P.A.
WHEREAS, the Planning Board of the Township of Bridgewater has a need to retain engineering services for escrow related planning services pursuant to the provisions of N.J.S.A. 19:44A-20.4; and,
WHEREAS, the Township Administrator has determined and certified in writing that the value of the acquisition will potentially exceed 17,500.00; and,
WHEREAS, the anticipated term of this contract is for one year from 1/1/09 to 12/31/09; and,
WHEREAS, David J. Hoder, P.E. of Maser consulting, P.A. has submitted a contract indicating that he will provide the requested services pursuant to said contract; and,
WHEREAS, the Local Public Contracts Law, N.J.S.A. 40A:11-5, permits a contract for professional services to be awarded without the need for competitive bids; and,
WHEREAS, such award of contract shall be made as a non-fair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.5, and,
WHEREAS, David J. Hoder, P.E., and Maser Consulting, P.A. have completed and submitted a business Entity Disclosure Certification to the Township, prior to the adoption of this Resolution, which certifies that David J. Hoder, P.E. and Maser Consulting, P.A. (including any individual with an ownership “interest” or control of more than 10% of its profits or assets or 10% of its stock, if a corporation, or any of its principals, partners, officers or directors of their spouses) has not made any reportable contributions to a political or candidate committee in the name of Michael Hsing, Howard Norgalis, Robert Albano, Matthew Moench, Patrick Scaglione and/or Mayor Patricia Flannery and that the contract will prohibit David J. Hoder, P.E. and Maser Consulting from making any reportable contributions, contrary to N.J.S.A. 1944A:20.5, through the term of their contract with the municipality; and
WHEREAS, David J. Hoder, P.E. and Maser Consulting, P.A. have completed and submitted to the Township, in accordance with the New Jersey Local Unit Pay to Play Laws (N.J.S.A. 19:44A-20.4, et seq.) a Political Contribution Disclosure Form (submitted at least 10 days prior to the adoption of this Resolution) as well as a New Jersey Business Registration Certificate and a Stockholder Disclosure Certification (prior to the adoption of this Resolution) and acknowledges that the statutory terms and conditions relating to the Political Contribution Disclosure including the possible need to file an annual disclosure statement with the New Jersey Election Law Enforcement Commission are contained as separate provisions within the Township Professional Services Agreement which David J. Hoder, P.E. and Maser Consulting, P.A. will be required to sign; and,
WHEREAS, a certification affirming the availability of funds in accordance with N.J.A.C. 5:34-5.1 et seq. has been provided by the Chief Financial Officer of the Township and is attached hereto and made a part hereof; and
WHEREAS, N.J.S.A. 40A:11-5 requires that the award for professional services be publicly advertised;
NOW THEREFORE, BE IT RESOLVED, that the Planning Board of the Township of Bridgewater authorizes the entry of a contract not awarded through a fair and open process pursuant to N.J.S.A. 19:44A-20.4 et seq. with David J. Hoder, P.E. of Maser Consulting, P.A., as described herein.
BE IT FURTHER RESOLVED that the Business disclosure entity Certification and Determination of Value be placed on file with this Resolution.
The Contract is entered into without competitive bidding as a “professional service” pursuant to the Local Public Contracts Law as this is a professional service within the meaning of that law.
A copy of this Resolution will be published in the Planning Board official newspaper, within ten (10) days of passage as required by law.
Motion by Mrs. Joanne Kane, second by Mrs. Barbara Kane, the foregoing resolution appointing David J. Hoder of Maser Consulting to provide supplemental Engineering services for 2009 was adopted on the following roll call vote:
AFFIRMATIVE: Mr. Rodzinak, Mrs. Joanne Kane, Mrs. Barbara Kane, Councilman Albano, Mayor Flannery, Mr. Hayes, Mr. Fross
OPPOSED: None
ABSTENTIONS: None
ABSENT: Mr. Leven
NOT ELIGIBLE: Ms. Dickey
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APPOINTMENT OF BOARD PLANNER:
RESOLUTION OF THE PLANNING BOARD OF THE TOWNSHIP OF BRIDGEWATER RATIFYING AND AUTHORIZING THE AWARD OF A CONTRACT FOR PROFESSIONAL SERVICES TO SCARLETT DOYLE, P.P. OF THE FIRM OF JOHN CILO ASSOCIATES, INC.
WHEREAS, the Planning Board of the Township of Bridgewater will require professional services for planning services; and
WHEREAS, the above‑mentioned services can be performed adequately and effectively by Scarlett Doyle, P.P., a Member of the Firm of John Cilo Associates, Inc.; and
WHEREAS, the Local Public Contracts Law, N.J.S.A. 40A:11‑5, permits a contract for professional services to be awarded without the need for competitive bids; and
WHEREAS, it is the intent of the Planning Board of the Township of Bridgewater to approve an agreement with Scarlett Doyle at an hourly rate of $110.00 per hour; and
WHEREAS, such award of contract shall be made as a non – fair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.5,
WHEREAS, James T. Naples, the Township Administrator has determined and certified in writing that the value of the acquisition will exceed $17,500; and
WHEREAS, N.J.S.A. 40A:11-5 requires that the award for professional services be publicly advertised;
WHEREAS, N.J.S.A. 40A:11‑5 requires that the award for professional services be publicly advertised;
WHEREAS, Scarlett Doyle, P.P. and John Cilo Associates, Inc. completed and submitted a Business Entity Disclosure Certification to the township, prior to the adoption of this Resolution, which certifies that Scarlett Doyle, P.P. (including any individual with an ownership “interest” or control of more than 10% of its profits or assets for 10% of its stock, if a corporation, or any of its principals, partners, officers or directors or their spouses) has not made any reportable contributions to a political or candidate committee in the name of Michael Hsing, Howard Norgalis, Robert Albano, Matthew Moench, Patrick Scaglione and/or Mayor Patricia Flannery and that the contract will prohibit Scarlett Doyle, P.P. and John Cilo Associates, Inc. from making any reportable contributions, contrary to N.J.S.A. 19:44A-20.5, through the term of their contract with the municipality; and
WHEREAS, Scarlett Doyle, P.P. and John Cilo Associates, Inc. have completed and submitted to the Township, in accordance with the New Jersey Local Pay to Play Laws (N.J.S.A. 19:44A-20.4 et seq.) a Political Contribution Disclosure Form (submitted at least 10 days prior to the adoption of this Resolution) as well as a New Jersey Business Registration Certificate and a Stockholder Disclosure Certification (prior to the adoption of this Resolution) and acknowledges that the statutory terms and conditions relating to the Political Contribution Disclosure including the possible need to file an annual disclosure statement with the New Jersey Election Law Enforcement Commission are contained as separate provision within the Township ProfessionalServices Agreement which Scarlett Doyle, P.P. and John Cilo Associates, Inc. will be required to sign; and
NOW, THEREFORE, BE IT RESOLVED, by the Planning Board of the Township of Bridgewater, County of Somerset, State of New Jersey, as follows:
1. The Planning Board of the Township of Bridgewater hereby approves the contract with Scarlett Doyle from January 1, 2009 through December 31, 2009.
2. The Chairman and Secretary of the Planning Board are authorized and directed to enter into a contract with Scarlett Doyle for planning services for the period from January 1, 2009 through December 31, 2009 in accordance with the contract attached hereto and made a part hereof.
3. This contract is entered into without competitive bidding as a "professional service" pursuant to the Local Public Contracts Law as this is a professional service within the meaning of that law.
4. A copy of this resolution will be published in the Planning Board's official newspaper, within ten (10) days of passage as required by law.
Motion by Mrs. Joanne Kane, second by Mrs. Barbara Kane, the foregoing resolution appointing Scarlett Doyle, PP as Planning Board Planner for 2009 was adopted on the following roll call vote:
AFFIRMATIVE: Mr. Rodzinak, Mrs. Joanne Kane, Mrs. Barbara Kane, Councilman Albano, Mayor Flannery, Mr. Hayes, Mr. Fross
OPPOSED: None
ABSTENTIONS: None
ABSENT: Mr. Leven
NOT ELIGIBLE: Ms. Dickey
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DESIGNATION OF MEETING DATES, TIME AND PLACE:
BE IT RESOLVED by the Planning Board of the Township of Bridgewater that the following schedule of dates and times for Regular Meetings respectively be established for 2009 and that all scheduled meetings shall convene at 7:00 p.m. at the Bridgewater Township Municipal Courtroom, 505 Route 202/206 North, Bridgewater Township, NJ. Regular Meetings are scheduled on the second Tuesday and fourth Monday of each month as follows:
January 13, 26 May 12 September 8, 28
February 10, 23 June 9, 22 October 13, 26
March 10, 23 July 14, 27 November 10, 23
April 14, 27 August 11, 24 December 8
BE IT FURTHER RESOLVED that the Annual Reorganization Meeting of 2010 shall be held on January 12, 2010, at 7:00 p.m. and the Regular Meeting will follow at the Bridgewater Township Municipal Courtroom, 100 Commons way, Bridgewater Township, NJ.
Motion by Mrs. Joanne Kane, second by Mrs. Barbara Kane, the foregoing resolution adopting meeting dates, times and place for 2009 Planning Board meetings was adopted on the following roll call vote:
AFFIRMATIVE: Mr. Rodzinak, Mrs. Joanne Kane, Mrs. Barbara Kane, Councilman Albano, Mayor Flannery, Mr. Hayes, Mr. Fross
OPPOSED: None
ABSTENTIONS: None
ABSENT: Mr. Leven
NOT ELIGIBLE: Ms. Dickey
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DESIGNATION OF OFFICIAL NEWSPAPERS:
BE IT RESOLVED by the Planning Board of the Township of Bridgewater that The Courier News is hereby designated the official newspaper of the Planning Board for 2009; and
BE IT FURTHER RESOLVED, that The Courier News and The Star Ledger are hereby designated to receive all notices of Planning Board meetings in 2009 as required under the Open Public Meetings Act.
Motion by Mrs. Joanne Kane, second by Mrs. Barbara Kane, the foregoing resolution designating the official newspapers for 2009 was adopted on the following roll call vote:
AFFIRMATIVE: Mr. Rodzinak, Mrs. Joanne Kane, Mrs. Barbara Kane, Councilman Albano, Mayor Flannery, Mr. Hayes, Mr. Fross
OPPOSED: None
ABSTENTIONS: None
ABSENT: Mr. Leven
NOT ELIGIBLE: Ms. Dickey
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APPROVAL OF BOARD MINUTES:
December 9, 2008 regular meeting – Motion by Mayor Flannery, second by Mrs. Joanne Kane, the December 9, 2008 regular meeting minutes of the Planning Board were adopted, as presented, on a unanimous voice vote of those present and eligible to vote.
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December 9, 2008 Executive Session – Motion by Mrs. Joanne Kane, second by Mrs. Barbara Kane, the December 9, 2008 executive session meeting minutes of the Planning Board were adopted, as presented, on a unanimous voice vote of those present and eligible to vote.
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MEMORIALIZATION OF RESOLUTIONS:
BRIDGEWATER ODC, LLC c/o Goldman Sachs Group, Inc.
Block 112 Lots 1.03, 3 & 4 (756 Route 202)
#04-07-PB, Amended Site Plan & Minor Subdivision Application
Attorney Richard Goldman was present to represent the applicant. He confirmed that the Goldman Sachs site has been cleaned up. Further, he noted concerns with condition #10 of the Goldman Sachs resolution. He requested that condition #10 which reads as follows be removed:
“The Township shall have the right to convey the relevant portions of the area constituting the conservation easement tract to the individual lot owners whose lots abut the tract, or to other entities, subject to restrictions of the conservation easement”
After discussion, the Board agreed to leave condition #10 of the resolution as is with the following additional statement at the end of the sentence above:
“………..and subject to the agreement with Township Council.”
Motion by Mrs. Joanne Kane, second by Mrs. Barbara Kane, the above referenced resolution for an amended site plan was adopted, as amended, on the following roll call vote:
AFFIRMATIVE: Mrs. Joanne Kane, Mrs. Barbara Kane, Mayor Flannery, Mr. Hayes, Mr. Fross
OPPOSED: None
ABSTENTIONS: None
ABSENT: Mr. Leven
NOT ELIGIBLE: Mr. Rodzinak, Councilman Albano, Ms. Dickey
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MERCAL, LLC
Block 421 Lot 5 (421 Garretson Rd.)
#32-08-PB, Minor Subdivision w/variances
DECISION: Approved with conditions 12/9/08
Motion by Mr. Rodzinak, second by Mrs. Joanne Kane, the above referenced resolution for a minor subdivision with variances was adopted, as presented, on the following roll call vote:
AFFIRMATIVE: Mr. Rodzinak, Mrs. Joanne Kane, Mayor Flannery, Mr. Fross
OPPOSED: None
ABSTENTIONS: None
ABSENT: Mr. Leven
NOT ELIGIBLE: Mrs. Barbara Kane, Councilman Albano, Mr. Hayes, Ms. Dickey
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HEARINGS AND DELIBERATIONS:
SOMERSET COUNTY - Courtesy Review
Block 347 Lot 1.02 (Main Street, County Route 533 & Foothill Rd.)
#40-08-PB, Preliminary Site Plan – Courtesy Review
PROPOSAL – Adult Day Care Center
TIME: 45= 2/14/09
Board member Joanne Kane confirmed for the record that she has a conflict with this application and stepped down from the dais.
Board Attorney Collins described a courtesy review application and confirmed that this application is for a courtesy review as dictated by the Municipal Land Use Law which provides for informal review of site plan applications from government agencies.
Thomas Miller, Esq. was present to represent the applicant. He described the project noting that the subject property is currently vacant and is located on East Main Street (County Route 533) and Foothill Road in the Planned Retail Commercial and Public Development (PRCPD) zone. Lot 1.02 consists of approximately 18.57 acres (808,814 square feet) and is bound by Main Street to the north, Conrail right-of-way to the south, Commerce Bank Park to the east and PSE&G owned property to the west. The remainder of the site is wooded and has several isolated wetlands. Cuckholds Brook runs through the southwest corner of the property. An abandoned settling basin is located in the eastern portion of the site. This basin drains into the Cuckholds Brook.
The applicant proposes to construct an 11,400 square foot Adult Day Care facility in the eastern portion of the property where the abandoned settling basin is located. This basin will be filled. The associated site improvements include parking, lighting, landscaping, a rain garden, storm sewer collection system, sanitary sewer service and water service.
The following witnesses were sworn in:
Mitchell Ardman, P.E.
Michael Amarosa, P.E., County Engineer
Jeff Macauley, Executive Director of the adult day care
Joseph Fishinger, Traffic Engineer
Marcus Rosenau, Architect
Mr. Macauley was called forward for his testimony. He explained the nature of the proposed operation and explained that it was initially intended for approximately 18 employees and 50 people but has the potential to be increased within the same facility to serve approximately 75 people. He explained that most people arrive at the site by means of County buses or transportation and some are transported by their families. He explained the services they provide, including nursing care, personal care, physical therapy, occupational therapy, recreation and other activities. He also noted that the facility will be ideal for the proposed services and explained that the non-profit corporation has been providing these services to the County and the residents of the County since 1977.
Chairman Fross opened the hearing to the public for questions and there were none.
Mitchell Ardman, PE was called forward for his testimony. His qualifications as a Professional Engineer were recognized and accepted by the Board.
Engineer Ardman explained the Capital Improvement Plan to the Board. He explained the driveway circulation system and traffic light changes that will be made by the County. He also explained the stormwater management system and explained that the applicant will comply with all the recommendations of the Township Engineer’s report dated January 5, 2009, the report of the Township Planner dated January 8, 2009 and the recommendations of the sewer coordinator, Leroy Klouser. He confirmed that the proposed facility, if required to comply with the ordinances, (which are not applicable to the County of Somerset) would require variances for the following:
1. Lot size of 18 acres, where 125 acres is required in the zone;
2. Parking size of 9 feet in width, where 9.5 feet is required;
3. Variance to allow no buffer from the one hundred year storm area as required by the Township buffer requirements; and
4. Certain variances from specific details of landscaping requirements.
Engineer Ardman explained the nature of the lot noting that it is the only vacant lot remaining in the zone. He explained that the property is bounded by the railroad and the adjacent Baseball Stadium and it is impossible to comply with the 125 acre requirement for this particular lot.
With respect to parking, he explained that the parking stalls will be adequate in size particularly for non-retail type facilities where most of the persons parking will be employees and others who will be familiar with the parking lot and with the spaces. He explained that the larger width of 9.5 would be more appropriate in a high turnover type retail parking lot and that this parking lot will not be experiencing high turnover of parking spaces. He explained that maintaining this parking lot will allow the County to have about five to six additional spaces compared with the number of spaces that would result from the 9.5 foot wide parking spaces.
With regard to stormwater management, Engineer Ardman confirmed that the applicant will provide a rain guard and infiltration stormwater basin in compliance with modern design techniques and NJDEP requirements, which will ameliorate the stormwater effects of the development. With regard to the signage, Engineer Ardman testified that the applicant proposes one 6 ½ by 3 sign at the entrance that matches the building. There is also some lettering proposed on the entrance door.
Chairman Fross opened the hearing to the public for questions.
George Scofield, 1889 Ridge Rd. in Martinsville was present and he was sworn in. He confirmed that is the owner of Bridgewater Transport, which is directly across the street from the site in question. He also noted that he is a member of the rescue squad and was concerned that elevators are usually built in inadequate sizes to fit stretchers incase of emergencies. He asked that the applicant consider having one elevator that would fit a stretcher.
Pat Hamilton, 704 Kline Place in Bridgewater was present and she was sworn in. She asked whether there are any wetlands on site. Engineer Ardman confirmed affirmatively. Ms. Hamilton expressed concerns with stormwater and loss of open space.
There were no further questions from the public. Marcus Rosenau, Architect was called forward for his testimony. His qualifications as a Professional Architect were recognized and accepted by the Board.
Architect Rosenau confirmed that the design of the structure will utilize green technology to a reasonable maximum extent and that they have tried to use the LEEDS point system as a method of assessing the proposed County building, though the County may not be pursuing LEEDS Certification. He confirmed that various green technology techniques are being utilized including reasonable energy savings and conservation techniques, natural sunlight for almost all of the rooms within the building and locally acquired materials for the building exterior, including residential appearance materials such as stone, residential appearance siding. He also explained that the structure will have a residential appearance in keeping with the character of Bridgewater and the intent of the County to provide a pleasing environment for the Adult Day Care Facility in a residential appearing structure.
Chairman Fross opened the hearing to the public for questions and there were none. He opened the hearing for the public for comment.
Pat Hamilton, 704 Kline Place in Bridgewater was present and remained under oath. On question of Ms. Hamilton, Mr. Macauley confirmed that older adults with developmental disabilities will be able to use the facility but there is no room to cater for all of them.
There were no further questions from the public. The Board reviewed the Capital Improvement Plan with the County. The Board noted that the facility will result in a potential growth share obligation to the Township of approximately 2 units. The County Counsel confirmed that the County government is exempt from the Housing Trust Fund Fee requirements. The Board asked the applicant to continue to dialogue with the Township Counsel about the possibility of cooperating with the Township in achieving affordable housing credits for the growth share effect of the proposed structure and use. County Counsel indicated that the County would accept a condition of continuing such a dialogue.
Motion was made by Mrs. Barbara Kane to recommend support of the County Improvement Project for a site plan application with variances to develop an adult day care facility. The motion was seconded by Mayor Flannery and carried on the following roll call vote:
AFFIRMATIVE: Mr. Rodzinak, Mrs. Barbara Kane, Councilman Albano, Mayor Flannery, Mr. Hayes, Ms. Dickey, Chairman Fross
OPPOSED: None
ABSTENTIONS: Mrs. Joanne Kane
ABSENT: Mr. Leven
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 9:00pm.
Respectfully submitted,
Grace Karanja,
Assistant Planning Board Secretary
ADOPTED: 2/23/09
