BRIDGEWATER TOWNSHIP

 PLANNING BOARD

Regular Meeting

Tuesday, March 10, 2009

—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 22, 2009.  Notices were sent to the Courier News and The Star Ledger, 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 – present                                                 Mrs. Joanne Kane - present                       

Ms. Barbara Kane – absent                                          Mr. Leven – present      

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, Township Planner Scarlett Doyle, Township Engineer Robert Bogart, Grace Karanja, Assistant Planning Board Secretary

APPROVAL OF BOARD MINUTES:

February 23, 2009 Regular Meeting – Motion by Mr. Rodzinak, second by Mrs. Joanne Kane, the February 23, 2009 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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LAND DEVELOPMENT APPLICATIONS:

TAI HOLDINGS, LLC

Block 254 Lot 22 (635 East Main Street)

#37-08-PB, Preliminary Site Plan w/variances

PROPOSAL: The conversion of a prior bank use to a medical office

TIME: 120= 5/30/09

Robert Spengler, Esq. was present to represent the applicant. He noted that the subject property is located on 635 East Main Street (County Road #533) at the intersection of East Main Street and Grand Boulevard in the Finderne Section of Bridgewater. The property lies within the C-1 Neighborhood Business zone, which permits medical uses, and consists of approximately 23,518 square feet.  The lot is currently improved with a 1-story brick building. This property, in 1980, received Board approval and has been used as a banking facility but it is currently vacant. The applicant proposes to add 567 square feet onto the westerly side of the building where a drive-thru canopy previously served the bank.

Attorney Spengler then introduced the following witnesses who were sworn in:

·         Dr. Quie Tai, Applicant

·         James DeMuro, Engineer

·         Ching Feng, Architect

Dr. Tai was called forward for his testimony. He discussed his medical specialty as a pain management physician. He testified that he currently operates a pain management facility in Manville and his proposal is to move his medical practice to this site and utilize the proposed addition as treatment rooms and a conference room. Dr. Tai testified that he cares for 2-3 patients an hour and also has an acupuncture specialist on the premises who also sees 2-3 patients an hour. In addition, he has two (2) secretaries and no nurses. With regard to parking, he testified that only 14 parking spaces are utilized at any given time. (19) parking spaces have been proposed although (24) spaces are required by Ordinance.

On question of the Board, Dr. Tai confirmed that there is only (1) access to the basement and that the basement will be used for storage of medical records only.

Chairman Fross opened the hearing to the public for questions.

Linda Hart, 627 East Main Street was present and she was sworn in. She mentioned that the location of the dumpster and access were issues of concern.

James DeMuro, PE was called forward for his testimony. His qualifications as a Professional Engineer were accepted by the Board. Engineer DeMuro discussed the site plan and proposal. He also introduced and discussed exhibits which were marked into evidence as follows:

A-1         3/10/09                Series of photographs

Exhibit A-1 depicts the type of landscaping and improvements that are currently on the site. He discussed the applicant’s proposal including the proposed signage and architectural treatments which conform to the Finderne Neighborhood Study. He discussed the benefit of the new circulation pattern, which he noted will be able to conform to the impervious coverage limits of the Ordinance. Engineer DeMuro confirmed that the applicant will work with the Township Planner to improve landscaping along Grand Boulevard, and western side of the property line between the commercial areas.

With regard to the relocation of the dumpster, as requested by neighbor Hart, relocation would require a variance if placed in the residential buffer. The Board agreed that the brick-face dumpster would be relocated to the back of the property, outside the buffer. The pick-up hours for the dumpster will not be in the early morning hours.

Engineer DeMuro discussed the following variances and addressed the reasons for granting relief:

It was confirmed that a maintenance agreement for the access drive would be required. With regard to lighting, it was confirmed that lighting would be extinguished (1) hour after closing, or 9:00pm.

Chairman Fross opened the hearing the public for questions.

Janine Lenninger, 65 Grand Boulevard was present and she was sworn in. She noted that her water line and sewer line go through the subject property to her house and was concerned that if the applicant disturbed these lines, she would have a problem. Engineer DeMuro confirmed that he would take this into consideration. Township Engineer Bogart stated that easements for these utilities have to be addressed and will be required.

There were no further questions from the public. Chairman Fross opened the hearing to the Board for deliberation. 

The Board stipulated on the following conditions:

·         The applicant will comply with the report of the Township Planner dated 1/28/09

·         The applicant will comply with the report of the Township Engineer dated 2/26/09

·         The brick-face dumpster will be relocated to the back of the subject property, outside the buffer area. The exact location will be subject to the review and approval of the Township Planner and Engineer.

·         The pick-up hours for the dumpster will not be in the early morning hours.

·         The applicant will work with the Township Planner to improve landscaping along Grand Boulevard, and western side of the property line between the commercial areas.

·         Lighting shall be extinguished at the end of the business day, or at 9:00pm.

·         A banked parking area of (5) spaces may be required and should be shown on the revised plans.

·         The basement will be used for storage of medical records only.

·         A maintenance agreement will be required and will be subject to the review and approval of the Township Engineer, Planner and the Board Attorney.

·         The easements for the utilities will be required.

 Motion by Mr. Hayes, second by Councilman Albano, the above referenced application for preliminary site plan with variances, allowing the conversion of a prior bank use to a pain management medical office,  was approved, subject to the conditions discussed, on the following roll call vote:

AFFIRMATIVE:                   Mr. Rodzinak, Mrs. Joanne Kane, Mr. Leven, Councilman Albano, Mayor Flannery, Mr. Hayes, Chairman Fross

          OPPOSED:                 None

ABSTENTIONS:                  None

ABSENT:               Mrs. Barbara Kane

                NOT ELIGIBLE:                    Mrs. Dickey

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SOMERSET TIRE SERVICE, INC. (STS)

Block / Lot: 340/3, 345/1, 347/3

#02-09-PB, Preliminary Site Plan w/variances (existing)

PROPOSAL: Construction of a warehouse/office & clean up of contaminated soil

TIME: 120="6/11/09"

Michael Cresitello, Esq. was present to represent the applicant. The Board accepted jurisdiction. Attorney Cresitello, described the applicant’s proposal noting that the roof could handle the potential for a solar array if desired in the future. The main element of the site plan is the remediation of the contaminated site. Variances and waivers are part of the site plan request. It was confirmed that the applicant was willing to comply with all the comments from the various township departments as noted on the staff’s application report. The following witnesses were sworn in:

·         Craig Stires, Professional Engineer

·         Hank Martin, Environmental Engineer

·         Ted Haase, Real estate Vice President for STS

·         Gary Dean, Traffic Engineer

·         Edmund Klimek, Architect

The following exhibits were discussed in detail by the applicant’s witnesses:

A-1         3/10/09                Driveway Easement Agreement with the County

A-2         3/10/09                Booklet of exhibits showing the aerial of the site, site plan, Rendered Elevations, View from

Existing Building, View from Main Entry, View from I-287 (southbound), Plan, Elevations.

A-3         3/10/09                Colored rendering of a plan entitled “Landscape Plan – Phase 1) as prepared by Craig Stires, PE of stires Associates, PA dated 12/19/08.

A-4         3/10/09                Colored rendering of a plan entitled “Rendering – Elevation view from 287” as prepared by Craig Stires, PE of stires Associates, PA, undated.

A-5         3/10/09                Photo depicting existing site conditions – East side of the building.

A-6         3/10/09                Photo depicting existing site conditions – North side of the building.

A-7         3/10/09                Photo depicting existing site conditions – West side of the building.

A-8         3/10/09                View from Existing Building (after construction).

A-9         3/10/09                View from the Main Entry (after construction).

A-10       3/10/09                View from I-287 (after construction).

A-11       3/10/09                A rendering of proposed elevations.

A-12       3/10/09                Architectural Drawings showing the building floor plan.

Engineer Stires was recognized by the Board as a qualified Engineer.  The site as it currently exists, and the applicant’s proposal was discussed. The subject property is located on 400 West Main Street, just west of Interstate 287. The property on which improvements are proposed is on Block 340 Lot 3 and lies within the M-2 General Manufacturing Zone. The existing site contains a building with 1, 2 and 3 story portions. Surrounding the building is a parking lot and other facilities. The entire site is within the flood hazard area. Engineer Stires testified that the applicant has met with NJDEP on several occasions and several permits, including the Letter of Interpretation and Stream Encroachment Permit, have been received from NJDEP.

The access road into the site is located on a thin strip of land of Block 347 Lot 3, which in addition to serving the STS facility, also serves as an egress road for the Somerset Ball Park. This strip lies within the PCRP zone and will receive upgrades and roadway maintenance improvements including curbing and sidewalks.

The applicant’s proposal entails the expansion of the existing warehouse and office operation on Block 340 Lot 3. The existing floor area of the building is 115,742 s.f. and the proposed expansion will bring the total floor area to 323,052 s.f. The addition entails a second, separated, one-story warehouse and a two-story office building. This building will have loading bays for approximately twenty (20) trucks. Additional loading platforms will be added to portions of the existing building.  Structured storage parking for approximately twenty (20) trucks will be provided in the southwest section of the property. In conjunction with the construction of the proposed addition, the STS site will undergo a clean up of contaminated soil.

The following was also confirmed: A new lighting system will be installed. A landscaping waiver is requested since penetration of roots may interfere with the clean up operation.  The site is not highly visible from surrounding properties. The stormwater will drain to the south east and be discharged under Route 287 through a 48” pipe. Water quality and smaller storms will be managed through this stormwater management system. Solid waste and recycling enclosures will be provided on the revised plans.

Engineer Stires discussed the following variances and addressed the reasons for granting relief:

It was confirmed that variances are no longer required for the following:

On question of the Board, Engineer Stires confirmed that the monument sign depicted on the plans is no longer part of this application. Further, no additional signage is proposed safe for the building signs, as depicted on the architectural renderings. With regard to the parking stall sizes, Engineer Stires confirmed that the 9-ft wide stalls proposed can function adequately on the site. He noted that if the 9 ½-ft wide stalls were implemented, this would further reduce the parking spaces by (28). After Board discussion, it was agreed that the 9 ½ -ft wide stalls should be provided.

Chairman Fross opened the hearing the public for questions and on hearing none, he closed the public portion of the meeting.

Hank Martin was called forward for his testimony. His qualifications as an Environmental Engineer were reviewed and accepted by the Board. He testified that he has been working on site remediation for this property since the year 2000. He noted the 3 main objectives for the subject property’s site remediation:

1.       Removal of contaminants – Engineer Martin testified that it is the applicant’s intent to excavate 60,000 tons of contaminated soil, of which 45,000 tons will be disposed off off-site. In addition, the existing septic system, located in the area where the highest dissolved arsenic concentrations have been observed, will be removed.

2.       Site will be made safe for all – Engineer Martin testified that the site has higher levels of arsenic on the subject site than New Jersey standards permit. The applicant in addition to removing contaminated soil, will utilize capping via a geo textile marker layer, in order to prevent any direct contact with residual constituents in soil.

3.       The applicant intends to assure that there is prevention of any possible transport of contaminated soil from the property to off-site locations during a storm.

On question of the Board, Engineer Martin testified that the landscaping plan will not undercut the remediation efforts and that all on site remediation measures will be conducted in accordance with NJDEP regulations.

Chairman Fross opened the hearing the public for questions and on hearing none, he closed the public portion of the meeting.

Edmund Klimek, Architect was called forward for his testimony. He presented his professional and education background and the Board accepted his credentials. Architect Klimek discussed in detail exhibits A-9 thru A-12, including the design of the building and that relationship to a campus environment. He testified that the proposal is in concert with the existing architecture and surrounding areas. The proposed addition will be constructed of brick, precast concrete and precast panel. The addition will be above level compared to the existing structure. The only signage proposed is that which is integrated into the existing architecture.  The view of the site from I-287 was discussed and it was noted that the roof will be minimally visible. It was noted that heating and ventilations systems are the only elements on the roof.

On question of the Board, it was confirmed that there will be no glare from the HVAC from I-287. The existing structure will only be minimally renovated, the elements on the roof will not be screened, there will be no roof mounted signage and no parapet. In addition, it was confirmed that the façade signs meet the Ordinance requirements and will be illuminated externally from a narrow red band that will only highlight the STS letters.

Chairman Fross opened the hearing the public for questions and on hearing none, he closed the public portion of the meeting.

Ted Haase, Real estate Vice President for STS was called forward for his testimony. He spoke of the employment (100 employees; 20 more employees are anticipated with the new addition.), and the warehouse function of the building noting that the subject site is the main distribution facility in the State. There is no manufacturing. The proposed warehouse will be used to store tires and some auto parts. It was noted that there is a full-time trainer on site to train their employees. Mr. Haase noted that a sidewalk is desired for the employees to get to the nearby train station. He also noted that STS would prefer to have 9 ½-ft wide parking stalls, even though it means having 28 less parking spaces (576 down to 550 spaces).

There were no questions from the Board or the public.

Gary Dean, Traffic Engineer was called forward for his testimony. His qualifications an expert Traffic Engineer were recognized by the Board. Engineer Dean discussed the traffic impact statement dated 12/5/08, which he prepared. He testified that the proposed parking is adequate for the proposed use. Mr. Dean estimated that the traffic is in keeping with acceptable traffic levels of A, B, and C, which exist today.

Board member Leven expressed concerns over the shortfalls in parking.  Councilman Albano asked if the access to Main Street is adequate to accommodate tractor-trailers and emergency vehicles. Engineer Dean confirmed affirmatively.

On question of Councilman Albano, Engineer Stires testified that the design of the basin is adequate for water quality and will not kill the existing trees.

Chairman Fross opened the hearing to the Board for deliberation.

The Board stipulated on the following conditions:

·         The applicant will comply with the report of the Township Planner dated 2/13/09 with the exception of comments #26 and #16.

·         The applicant shall comply with the report of the Township Engineer dated 3/2/09

·         The applicant will provide 9.5-ft wide parking stalls.

·         The applicant will provide 312 parking spaces with 210 banked parking spaces. The additional reserved parking spaces shall be implemented if, and to the extent, deemed necessary by the applicant or the Board in the future

·         A Developer’s Agreement will be required including consent for the Township to access the detention basin, for the right, but not the duty of the Township to maintain the basin. The Agreement shall be satisfactory to the Township Planner, Engineer and Board Attorney

·         The applicant will work with the Township Planner with regard to landscaping

·         There will be no additional roof signage

·         The HVAC systems will be pulled back to deter visibility and will be painted in a color acceptable to the Township Planner

·         The buildings will be numbered to aid the emergency department in identifying the different buildings

·         Lighting shall be installed subject to the review and approval of the Township Planner and Engineer

·         Applicant will comply with all the comments from the various township departments as noted on the staff’s application report

Motion by Mayor Flannery, second by Mrs. Joanne Kane, the above referenced application for preliminary site plan with variances, allowing for the expansion of an existing warehouse and office, and the clean up of contaminated soil, was approved, subject to the conditions discussed, on the following roll call vote:

AFFIRMATIVE:                   Mr. Rodzinak, Mrs. Joanne Kane, Mr. Leven, Councilman Albano, Mayor Flannery, Mr. Hayes, Chairman Fross

          OPPOSED:                 None

ABSTENTIONS:                  None

ABSENT:               Mrs. Barbara Kane

                NOT ELIGIBLE:                    Mrs. Dickey

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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 10:30pm.

Respectfully submitted,

Grace Karanja,

Assistant Planning Board Secretary

ADOPTED 3/23/09