BRIDGEWATER TOWNSHIP
PLANNING BOARD
Regular Meeting
Monday, June 22, 2009
—MINUTES—
CALL MEETING TO ORDER:
Vice Chairwoman Kane called the regular meeting of the Bridgewater Township Planning Board to order at 7:00 pm at the Bridgewater Township Municipal Court, 100 Commons Way, Bridgewater, New Jersey.
OPEN PUBLIC MEETINGS ACT ANNOUNCEMENT:
Adequate notice of this meeting has been given in accordance with the Open Public Meetings Act N.J.S.A. 10:4-6. On May 8, 2009, proper notice was sent to the Courier Newspaper and the Star-Ledger and filed with the Clerk at the Township of Bridgewater and posted on the bulletin board in the Municipal Building.
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. Hearing Assistance is available upon request.
SALUTE FLAG:
There was salute to the flag.
ROLL CALL:
Mr. Rodzinak – present Mrs. Joanne Kane - present
Ms. Barbara Kane – present Mr. Leven – absent
Councilman Albano – present(left at 7:30pm) Mayor Flannery – present
Chairman Fross – absent Mr. Hayes, Alt. #1 - present
N. Janine Dickey, Alt. #2 – absent
Others present: Board Attorney Thomas Collins, Township Planner Scarlett Doyle, Township Engineer Robert Bogart, Grace Karanja, Planning Board Administrative Assistant
APPROVAL OF BOARD MINUTES:
May 12, 2009 Regular Meeting – Motion by Mr. Rodzinak, second by Mayor Flannery, the May 12, 2009 regular meeting minutes of the Planning Board were adopted, as presented, on the following roll call vote:
AFFIRMATIVE: Mrs. Joanne Kane, Mrs. Barbara Kane, Mayor Flannery
OPPOSED: None
ABSTENTIONS: None
ABSENT: Mrs. Dickey, Mr. Leven, Chairman Fross
NOT ELIGIBLE: Councilman Albano, Mr. Rodzinak, Mr. Hayes
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May 12, 2009 Executive Session – Motion by Mayor Flannery, second by Mrs. Barbara Kane, the May 12, 2009 executive session meeting minutes of the Planning Board were adopted, as presented on the following roll call vote:
AFFIRMATIVE: Mrs. Joanne Kane, Mrs. Barbara Kane, Mayor Flannery
OPPOSED: None
ABSTENTIONS: None
ABSENT: Mrs. Dickey, Mr. Leven, Chairman Fross
NOT ELIGIBLE: Councilman Albano, Mr. Rodzinak, Mr. Hayes
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MEMORIALIZATION OF RESOLUTIONS:
BOYS CLUB OF NEW YORK
Block 807 Lot 1, 56, 71 (Vosseller Ave)
#24-07-PB, Amended Preliminary and Final Site Plan
PROPOSAL: Modifications to dining hall basement & addition to caretaker’s house
DECISION: Approved w/conditions 5/12/09
Motion by Mayor Flannery, second by Mrs. Joanne Kane, the above referenced resolution for an amended Preliminary and Final Site Plan, allowing for modifications to the existing dining hall basement and an addition to the caretaker’s house was adopted, as presented, on the following roll call vote:
AFFIRMATIVE: Mrs. Joanne Kane, Mrs. Barbara Kane, Mayor Flannery
OPPOSED: None
ABSTENTIONS: None
ABSENT: Mrs. Dickey, Mr. Leven, Chairman Fross
NOT ELIGIBLE: Councilman Albano, Mr. Rodzinak, Mr. Hayes
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HEARINGS AND DELIBERATIONS:
FNC REALTY (Kimco)
Block 166 Lot 6 (764 NJ State Hwy Route 202)
#32-07-PB, Final Site Plan for the Day Care Ctr (PHASE I)
TIME: 45 = 7/19/09
Meryl Gonchar, Esq. was present to represent the applicant. She gave the Board a brief history of this application noting that the property in question is located in the northwest corner of the intersection of US Route 202 and Milltown Rd and contains approximately 493,735 square feet (11.334 acres). 8,575 square feet is located in the R-40 Zone and the remaining 485,160 square feet is located in the C-1 Zone. No disturbance has been proposed in the R-40 portion of the site. The property currently contains buildings and site improvements associated with the former “Frank’s Nursery” operations which include a one-story masonry building with associated parking and detention basin. The property is accessed via US Highway Route 202.
Attorney Gonchar noted that the applicant received preliminary site plan approval with variances and waivers to construct a 21,550 +/- square feet Crème de la Crème day care center and a 6,400 +/- square feet retail building on the site in question by resolution memorialized by the Planning Board on 7/8/08. The applicant is now seeking Final site plan approval for the day care center only (phase I) and will return to the Board for Final site plan approval for the retail component at a later date (Phase II), as contemplated by the Preliminary approval.
Attorney Gonchar confirmed that the applicant, since preliminary approval has received approvals from several agencies including New Jersey Department of Transportation, Somerset County, Township Health Department, Township and Local Fire Chief, New Jersey Department of Environmental Protection and the Somerset Union Conservation District among others. Attorney Gonchar added that the Developer’s Agreement is soon to be processed by Professional Staff and forwarded to Township Council.
Robert Strecker, PE was called forward for his testimony, sworn in and his qualifications reviewed and accepted by the Board as a Professional Engineer. He reviewed the reports of the Township Planner and Engineer and agreed to comply with their recommendations. It was confirmed and agreed that demolition could proceed before a pre-construction meeting. With regard to the need and use of temporary construction trailers, it was agreed that their placement and location would be reviewed by the Township Engineer. It was also confirmed that the temporary trailers will be removed prior to the issuance of a temporary certificate of occupancy.
Board Attorney Collins discussed the COAH obligation and current bills. He emphasized that the time frame for pulling a building permit is a controlling element for COAH contribution. Attorney Gonchar agreed to abide by the policies that are imposed on other developers. Board Attorney Collins explained the COAH regulations noting that Senator Lezniak and the League of Municipalities have both suggested amendments.
Vice Chairwoman Kane opened the hearing to the public for questions and/or comments and there were none.
The Board stipulated on the following conditions:
- The applicant shall comply with the report of the Township Planner dated 5/28/09.
- The applicant shall comply with the report of the Township Engineer dated 6/16/09.
- Demolition is permitted to proceed before a pre-construction meeting.
- The construction trailers will be reviewed and approved by the Township Engineer. The trailers will be removed prior to the scheduling of a pre-construction meeting.
- The applicant shall comply with the comments from the Township Health Office.
- The applicant shall comply with the comments from the Township Fire Official.
- All conditions of preliminary approval remain in full force.
Motion by Mr. Rodzinak, second by Mrs. Barbara Kane, the above referenced application for Final Site Plan, Phase I, of the Day Care Center, was approved, subject to the conditions discussed, on the following roll call vote:
AFFIRMATIVE: Mr. Rodzinak, Mrs. Joanne Kane, Mrs. Barbara Kane, Councilman Albano, Mayor Flannery, Mr. Hayes
OPPOSED: None
ABSTENTIONS: None
ABSENT: Mrs. Dickey, Mr. Leven, Chairman Fross
NOT ELIGIBLE: None
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BRIDGEWAY CARE CENTER
Block 170 Lot 4.01 (Route 28 Easton Turnpike)
#13-09-PB, Amended Preliminary and Final Site Plan w/variances
PROPOSAL: Additions to existing nursing home
TIME: 45= 7/19/09
It was confirmed for the record that Councilman Albano had recused himself from this application and was absent for the remainder of the meeting.
Robert Foley, Esq. was present to represent the applicant. He presented the following witnesses who were sworn in:
- Don Peligrino, CEO, Vice President and Part Owner of Bridgeway Care Center
- Douglas Coleman, AIA
- Michael Kolody, PE, PP, LS
Mr. Don Peligrino testified that he is CEO, Vice President and Part Owner of Bridgeway Care Center. He discussed the property in question, the area and their nursing home facilities including Avalon, Bridgewater and Hillsborough. He discussed home health services. He also described the facility in question noting that they host 125 long term care residents and 23 residents for sub-acute rehabilitation, which is run by Kessler. He testified that the 1981 model of the current facility needs to be updated since the needs of rehabilitation centers have since changed. He noted that the applicant’s proposal is to add areas to the existing building to improve interior day rooms, therapy rooms, dining and corridor circulation. It was confirmed that there will be no additional residents.
Architect Douglas Coleman was called forward for his testimony. His credentials were reviewed by the Board and his qualifications accepted as a qualified Architect. He testified that he has worked with Bridgeway for many years. He noted that there is a need to update the 1980’s facility. He noted that no additional beds or staff is contemplated.
Architect Coleman described the additions which he has proposed. The building has a “H” type shape. The addition will close in some of the open garden areas in the open portions of the “H”. A front yard variance is needed so that the appropriate circulation is achieved in an effort not to mix the long term nursing home residents with sub-acute rehabilitation residents. The following exhibits were presented and discussed in detail:
A-1 6/22/09 Photostudy of the exterior of the existing building which will be modified.
A-2 6/22/09 Photostudy of how the building will look like from Route 28 after the proposed addition. Architect Coleman noted that there will be no visual impact from Route 28.
Michael Kolody, PE was called forward for his testimony. He presented his credentials. The Board accepted his qualifications as a Professional Engineer, Planner and Landscape Surveyor. He presented and discussed in detail an exhibit which was marked into evidence as follows:
A-3 6/22/09 Colored rendering of the site plan as prepared by Michael Kolody, PE of Kolody Engineering and Surveying dated 5/12/09
Engineer Kolody testified that he was the applicant’s Engineer for the 1979 site plan application. He described the project and site noting that there are (2) underground pipeline easements transversing the site. A variance is therefore needed due to the existing geometry of the building and the necessary drainage of the site. He concluded that the granting of the variance will not substantially impair the intent and purpose of the Zoning Ordinance and the Zone Plan.
Engineer Kolody reviewed the dual report of the Township Planner and Engineer and the fire official reports regarding an additional hydrant and pavement markings, which he confirmed the applicant would provide and comply with.
Questions from the Board affirmed that there would be no reduction in parking spaces.
Vice Chairwoman Kane opened the hearing to the public for questions and/or comments and there were none.
The Board stipulated on the following conditions:
- The applicant shall comply with the dual report of the Township Planner and Engineer dated 5/28/09.
- The applicant shall comply with the comments from the fire official regarding the striping of the pavement and installing an additional fire hydrant.
Motion by Mr. Rodzinak, second by Mr. Hayes, the above referenced application for an amended preliminary and final site plan with variances, allowing for additions to the existing nursing home, was approved, subject to the conditions discussed, on the following roll call vote:
AFFIRMATIVE: Mr. Rodzinak, Mrs. Joanne Kane, Mrs. Barbara Kane, Mayor Flannery, Mr. Hayes
OPPOSED: None
ABSTENTIONS: None
ABSENT: Mrs. Dickey, Mr. Leven, Councilman Albano, Chairman Fross
NOT ELIGIBLE: None
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BOARD BUSINESS:
Discussion regarding Site Plan Waivers
Township Engineer Bogart headed this discussion. He noted that the Township Engineer, Planner and the Zoning Officer, which are the officials responsible for granting site plan waivers on an administrative level have been uncomfortable granting waivers of site plan for applicants who for instance want to install propane cages and be able to have the capacity to do business by having clients take their empty propane canisters and getting them exchanged for new ones. In addition to a blue rhino retail propane exchange, Township Engineer Bogart noted that an applicant might request for authorization to sell flowers on the front yard of their business or have an outside vending machine.
Township Engineer Bogart noted that the subcommittee was uncomfortable granting site plan waivers of the nature discussed above because they felt that this could easily alter the intent of the board in granting site plan approval, especially since these requests are usually proposed in the front yard, which in effect might be considered advertisement. Further, if these requests entail the addition to some other business, such requests could alter parking and circulation of the site.
The Board noted that they are particularly interested in streetscape appearance and the potential impact of the proposal on neighbors. Board Attorney Collins advised the Board that the Planning Board has the authority to grant site plan waivers. After considerable Board discussion, it was agreed that in those instances that the subcommittee is uncomfortable granting site plan waivers, those requests would be brought to the Board for site plan waiver approval. The following will also apply;
· If a corporation is the applicant, an attorney will be required
· Notice will not be required for the public hearing
· Fees charged will be for site plan waiver application
Barry Goldman, 50 Hillcrest Rd in Martinsville and owner of Barry’s appliance was present and he was sworn in. He spoke in reference to his intent to install Blue Rhino Propane Gas Exchange at the front yard of his store. He presented pictures showing his store and where he proposed to have the canisters installed. It was noted that accessory structures in the front yard are prohibited and would therefore require a c-variance. Mr. Goldman was asked to contact George Jones, the Bridgewater Township Zoning Officer for further advice on how to proceed.
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TENORE, Michael and Carol
Block 907 Lot 20
Township Planner Scarlett Doyle headed the discussion. Michael and Carol Tenore, 1254 Mt. Horeb Rd. were present. The Tenores advised that their property, located at 1254 Mount Horeb Rd. received Planning Board approval for a minor subdivision with variances on 6/26/06. A condition of that approval was that they would plant (21) trees to replace some of the ones that they would take down to accommodate the building of the proposed new homes on the subdivided lot. Consequently, the Tenores put into an escrow fund money in the amount of approximately $5,765.00 as assurance that they would replant (21) trees. Since the approval, the Tenores advised that they had some unfortunate circumstances and would therefore not be building on the lots but were hoping to sell them. The Tenores noted the need to have the money they put in escrow be returned to them and that the requirement to replant the (21) trees be passed on to the buyer. The Tenores suggested putting a lien on these properties in order to alert the future buyer of this obligation and also as assurance to the Township that the trees would be replanted.
After considerable discussion, and input from the Board professionals, the Board agreed to relieve the Tenores from obligation to replant the trees. The Mayor noted that in these had economic times, other Townships are coming up with creative ways to help out the residents. It was noted that because the site is heavily wooded, relieving the Tenores of the requirement to plant additional trees was warranted and would likely have been granted at the public hearing for the subdivision.
Motion was made by Mr. Rodzinak to relieve the Tenores off the requirement to replant (21) trees. Further, the escrow funds, including interest should be returned to the Tenores; a recommendation of same would be made to Township Council. The Motion was seconded by Mrs. Joanne Kane, and carried on the following roll call vote:
AFFIRMATIVE: Mr. Rodzinak, Mrs. Joanne Kane, Mrs. Barbara Kane, Mayor Flannery, Mr. Hayes
OPPOSED: None
ABSTENTIONS: None
ABSENT: Mrs. Dickey, Mr. Leven, Councilman Albano, Chairman Fross
NOT ELIGIBLE: None
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OTHER BOARD BUSINESS:
Township Planner Doyle noted that the Final copy of the Municipal Self Assessment Report is available for review at the Planning Department in the Municipal Annex. Copies of the CD will be made available to the Board members upon request.
Board Attorney Collins advised the Board that the Sherid Inc. litigation matter has been resolved.
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MEETING OPEN TO THE PUBLIC
Vice Chairwoman Kane opened the meeting to public for non-agenda items. With hearing none, Vice Chairwoman Kane closed the public portion of the meeting.
ADJOURNMENT:
It was the consensus of the Board to adjourn the meeting at approximately 9:45pm.
Respectfully submitted,
Grace Karanja,
Assistant Planning Board Secretary
ADOPTED: 7/14/09
