BRIDGEWATER TOWNSHIP PLANNING BOARD
Regular Meeting
Tuesday, March 13, 2007
—MINUTES—
CALL MEETING TO ORDER:
Chairman Fross called the 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 19, 2007. 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.
ROLL CALL:
Mr. Rodzinak – present Mrs. Joanne Kane - present
Mrs. Knapp – present Mr. Leven – present
Councilman Kurdyla – present (arrived 7:25pm) Mayor Flannery – present
Chairman Fross – present Ms. Barbara Kane, Alt. #1 -present
Mr. Hayes, Alt. #2 - present
Others present: Board Attorney Thomas Collins, Township Engineer Bob Bogart,
Township Planner Scarlett Doyle, Grace Karanja, Planning Office Assistant
SALUTE FLAG:
There was salute to the flag.
APPROVAL OF BOARD MINUTES:
February 26, 2007 Regular Meeting – Motion by Mayor Flannery, second by Mr. Rodzinak, the Planning Board Regular Meeting Minutes of February 26, 2007 were adopted on unanimous voice vote of those present.
MEMORIALIZATION OF RESOLUTIONS:
SOMERSET COUNTY EDUCATIONAL
SERVICES COMMISSION – Capital Improvement Review & Recommendation
Block 303 Lot 5 (7 Finderne Avenue)
REVIW & RECOMMENDATIONS: 2/26/07
Motion by Mr. Rodzinak, second by Mrs. Knapp, the resolution memorializing the review and recommendation of the Planning Board on 2/26/07 for the above referenced application was adopted as presented on the following roll call vote:
AFFIRMATIVE: Mr. Rodzinak, Mrs. Joanne Kane, Mrs. Knapp, Mr. Leven, Mayor Flannery, Mr. Hayes, Chairman Fross
OPPOSED: None
ABSTENTIONS: None
ABSENT: Councilman Kurdyla
NOT ELIGIBLE: Mrs. Barbara Kane
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SJP PROPERTIES
Block 411 Lot 39.07 (600 Somerset Corporate Blvd)
#63-06-PB, Request for Extension of Prior Approval – Preliminary & Final Site Plan (Bldg. VI)
DECISION: Approved w/conditions 2/26/07
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BRIDGEWATER ODC, LLC c/o Goldman Sachs Group, Inc.
Block 112 Lots 1.03, 3 & 4 (756 Route 202)
#04-07-PB, Site Plan Waiver Application
DECISION: Approved w/conditions 2/26/07
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SCAVO, Vito
Block 424 Lot 16 (535 Country Club Road)
#64-06-PB, Minor Subdivision w/variances (create flag lot)
DECISION: Denied 2/26/07
The Board did not take action on the above referenced resolutions. They will be presented for Board consideration at the next regularly scheduled Board meeting.
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MOTION TO APPOINT ASSISTANT BOARD SECRETARY – Scarlett Doyle, PP
Chairman Fross called for a nomination of Assistant Board Secretary. Mr. Rodzinak made motion to appoint Township Planner Scarlett Doyle; the motion was seconded by Mrs. Knapp and carried on the following roll call vote:
AFFIRMATIVE: Mr. Rodzinak, Mrs. Joanne Kane, Mrs. Knapp, Mr. Leven, Mayor Flannery, Mrs. Barbara Kane, Chairman Fross
OPPOSED: None
ABSTENTIONS: None
ABSENT: Councilman Kurdyla
NOT ELIGIBLE: Mr. Hayes
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LAND DEVELOPMENT APPLICATIONS:
GEN III
Block 173 Lot 2 (Route 22 & Traci Road)
#67-04-PB, Preliminary Site Plan w/variances
Time: Extension to 3/15/07
Geoff Soriano, Esq. was present to represent the applicant. He noted that the applicant has made several changes to the plans in an attempt to address the concerns of the Homeowner’s Association, the public, and the Board, an important result was the elimination of all variances that were previously sought. He invited his first witness, David A. Stires, PE whom the Board confirmed was still under oath.
Engineer Stires presented and discussed, in detail, exhibits which were marked into evidence as follows:
A-14 3/13/07 Rendering of site plan prepared by David A. Stires, last revised 2/14/07
Engineer Stires noted that, in January, the applicant had two concept plans. The current proposal entails the first concept plan which now has some minor changes. He discussed the changes, noting the applicant has created a berm along Route 22 and the detention basin has been extended. He noted that the proposed area along Traci Road has some visual concerns. The remedy was to either maintain a sidewalk which runs in a serpentine fashion from the bank/pharmacy area to Traci Road, or to run a sidewalk along the easterly side of the property. The Board agreed that the 1st option was preferred. Engineer Stires also noted that the Homeowner’s Association is concerned that they will lose vegetation because of the detention basin. He added that there is no way to make the drainage area smaller due to State Standards which require certain design standards. He also noted that the detention basin will be landscaped. Engineer Stires discussed the hours of operation, noting that the pharmacy and bank hours will be open from 8:00am to 10:00 pm. It was also noted that the applicant would prefer to have a 24/7 drive thru ATM because residents have come to expect that convenience.
The applicant was agreeable to the Township Planner’s recommendations in her report dated 2/26/07. With regard to the Township Engineer’s report dated 3/6/07, Engineer Stires confirmed that the applicant was willing to work with the Township Engineer and come to an agreement. Township Engineer Bogart confirmed that this was acceptable as long as the applicant complies with DEP regulations on drainage and obtains satisfactory permits for drainage and access from NJDOT as they will be tieing their drainage system into the state highway. He added that should the applicant not acquire the necessary approvals, depending on the magnitude of the change, they would have to return to the Planning Board for further review and approval.
With regard to the concern on loss of vegetation because of the detention basin, Mayor Flannery suggested that the applicant increase the length of the wet basin heading East in order to be able to plant trees along the Street and keep some existing trees towards the South. These would not be placed along the highway because that is the area that would be appropriate for the berm and the professional landscaping. (There is an emergency spillway that will have little formal landscaping.) The Board agreed to let the applicant work with the Board professionals on this issue.
Chairman Fross opened the hearing to the public for questions.
Jacob Luftman, 373 Hannah Way was present and the Board confirmed that he was still under oath. He questioned whether the detention basin will have standing water. Engineer Stires testified that there will be standing water which will drain completely within 23 hours.
George Randall, 124 Marcello Court was present and the Board confirmed that he was still under oath. He addressed concerns with noise after the trees are taken down. Engineer Stires noted that he is not a noise expert, but that there are State noise regulations that the applicant would be required to comply with.
Kathleen McGill, 61 Waugh Court was present and sworn in. She expressed concerns with the disturbance from the West side of the site. Engineer Stires confirmed that the applicant has shifted activity from the West side and added that the trees will be saved on that side. Ms. McGill also objected to the 24/7 hours of operation for the bank ATM.
Paula Biederman, 62 Waugh Court was present and confirmed that she was still under oath. She noted that she would appreciate a side walk and suggested a fence to separate commercial development from residential development to the west in order to shield the residents from lighting and various activities that are part of commercial buildings. This matter was discussed at the length, and the Board agreed that a Board on Board fence, 6-ft high would be acceptable. This fencing will be reviewed further by the Township Planner for approval.
Richard Rosenberg, 9 Stillwell Court was present and confirmed that he was still under oath. He questioned whether the sign on the South East corner of the parking lot will indicate that there is access to Traci Road. Engineer Stires responded affirmatively at which time Mr. Rosenberg confirmed that he would prefer that the sign does not indicate this. Mr. Rosenberg also suggested that the 24-hour bank ATM proposed on the West of the site be constructed on the East end of the property away from the residential homes. Engineer Stires noted that the applicant has a configuration limitation due to the proposed drive thru. He added that retail uses usually generate more traffic than banks.
Chairman Fross closed the public portion of the hearing.
Attorney Soriano invited his next witness, David Chewey, landscape architect. Mr. Chewey was sworn in. He presented his professional and education background and the Board accepted his credentials.
Architect Chewey discussed in detail a landscape plan (Sheet LDI) which was previously distributed to the Board and on file with the Board secretary, dated May, 2006, last revised 2/15/07. He discussed in detail the types of trees and landscaping proposed at the site and on Route 22. He also discussed in detail proposed plantings around the parking area, the middle of the parking area and the drive thru area around the bank. In addition, he discussed how the proposed landscaping will help alleviate noise concerns and provide for a good visual. Township Planner Scarlett Doyle confirmed that she was satisfied with much the applicant’s landscaping proposal. The area along route 22, however, needed enhancement as did other areas which were noted in her review letter. Planner Doyle expressed satisfaction with the plan, with the understanding that the applicant would continue to work with her regarding the deficiencies noted in the review report.
Board member Leven noted that evergreens die, and wondered whether the Board had the jurisdiction to impose on the applicant to make sure that the plants live. Township Planner Doyle noted that there is a maintenance agreement that provides assurance or protection for two (2) years. Board Attorney Collins noted that the applicant still has an obligation to permanently maintain the property per the approved site plan and the Zoning Officer has the responsibility of enforcing that.
Chairman Fross opened the hearing to the public for questions.
Joe Aita, 177 Jessica Court was present and confirmed that he was still under oath. He expressed concerns with the cutting of trees noting that trees provide more masking from the noise expected from commercial uses. Mayor Flannery confirmed that it was not her intent to testify for the applicant but that there was a noise expert in a previous Board meeting who testified that trees don’t provide the level of noise buffer as people expect them to.
Jacob Luftman, 373 Hannah Way was present and remained under oath. He argued that even though the Board may impose certain conditions on the applicant, they have no guarantee that the applicant will do as they recommend. He added that he has seen other applicants that have been before the Board and did not do what was required of them after they acquired their Board approvals. Township Engineer Bogart confirmed that the integrity of the site plan has to be maintained by the applicant forever and that the residents will see a change going forward.
George Randall, 124 Marcello Court was present and remained under oath. He asked if the application quantified how many trees and type of trees and shrubs proposed. Architect Chewey confirmed affirmatively noting that this information is all outlined on the landscape plan.
Paula Biederman, 62 Waugh Court was present and remained under oath. She suggested different plants and trees due to fruit bearing trees which are messy. She particularly was concerned about the cherry varieties.
George Schmidt, 53 Waugh Court was present and was sworn in. He asked about the area where the spillway was shown on the applicant’s plans. Architect Chewey explained what it was and noted that they cannot plant there.
John Lloyd, 2 Avery Court was present and was sworn in. He asked about the PSE&G lane where there are trimmed trees and asked if there is anything proposed for that area. Architect Chewey confirmed that nothing was proposed. Mr. Lloyd also suggested that the applicant install an irrigation system.
Attorney Collins indicated that this area could be required to be ‘cleaned’ of debris and soil stabilized.
Board member Leven asked if architect Chewey thought that an irrigation system was suitable for this site. Mr. Chewey confirmed affirmatively. Applicant agreed to install an irrigation system per Mr. Chewey recommendation.
Chairman Fross closed the public portion of the hearing.
Attorney Soriano invited his next witness, Richard Potter, architect who was sworn in. He presented his professional and education background and the Board accepted his credentials.
Mr. Potter testified that the applicant is proposing a 1-story community shopping center that will have a village look and will be called Fox Chase at Bridgewater. He discussed the elevations of the proposed structures and the architecture proposed noting that the structures will have a design of a colonial shopping village, which has been designed to compliment the architecture of Stratton Meadows and blend in with the surrounding structures. He discussed the signs and lighting and agreed to work with the Township Planner on these issues. He also noted that the applicant has proposed a gazebo-type tower on the retail building will be 47-feet and have a clock. After much discussion from the Board, it was agreed that a 37-ft height limit was more appropriate, and that there would be no glass in the tower portion of the structure.
Mr. Potter presented and discussed in detail exhibits which were marked into evidence as follows:
A-15 3/13/07 Colored rendering of site in question from Route 22
A-16 3/13/07 Sample of Grand Sequoia Shingles whose featured color is saga green blend by GAF Materials Corp.
A-17 3/13/07 Proposed sign lettering package
A-19 3/13/07 Sample of proposed champagne cut stone by Environmental Stone Works
A-20 3/13/07 Samples of proposed Vinyl siding
A-21 3/13/07 Sample of proposed window grilles
Mayor Flannery asked that the issue of windows be addressed as she was concerned with the drug and retail stores having lots of glass and signs. Architect Potter confirmed that small panels of windows are proposed to be in keeping with the flavor of residential uses. He added that the applicant was willing to eliminate some glass to the satisfaction of the Board. In addition, he confirmed that windows will be installed with mutton bars (grilles) on the retail side of the site.
Chairman Fross opened the hearing to the public for questions
Jacob Luftman, 373 Hannah Way was present and remained under oath. He questioned whether the utilities will be buried. Architect Potter confirmed affirmatively.
George Randall, 124 Marcello Court was present and remained under oath. He expressed concerns with how the proposed clock on the gazebo-type tower will be displayed noting that he would like it to be displayed attractively.
Township Planner Doyle noted that she would like to work with the architect for a signage package with the same prototype concept that was done with the Lifestyle Center where it related to the size of the frontage of the particular store. The architect was agreeable to this recommendation and will work with the Planner on a sign package. This will include color and style similar to the Lifestyle Center.
Chairman Fross closed the public portion of the hearing. Attorney Soriano invited his next witness, Planner, Elizabeth McKenzie who was sworn in and qualified. The Board accepted her credentials as an expert.
Planner McKenzie presented exhibits which were marked into evidence as follows:
A-18 3/13/07 Compilation of meeting minutes of prior approvals for the site in question
Planner McKenzie testified that the property in question lies within the R-40 PURD zone which allows planned units residential developments. She added that the Ordinance specifically states that with regard to commercial facilities, up to 5% of the gross tract area may be developed with retail and service uses designed primarily to serve the residents of the PURD zone which is what the applicant is trying to accomplish. Planner McKenzie noted that the other issue with this application is the restriction from access to Route 22. She argued that this restriction is not in the Ordinance but rather, it evolved within discussion with the prior Board during the prior application several years ago. She continued to argue that access to Route 22 allows for good tenants and attracts better uses in the property in question. She added that a shopping center cannot be successful without Route 22 access.
Planner McKenzie discussed the permitted uses in the zone, noting that some of them are obsolete because they cannot be accomplished in the property in question. She added that in her opinion, the applicant’s proposal which creates a barrier between the commercial and residential uses via landscaping and plantings has accomplished the true objective of the PURD zone.
Chairman Fross opened the hearing to the public for questions
Jacob Luftman, 373 Hannah Way was present and remained under oath. He questioned whether the PURD zone requires that it be used for commercial use. Planner McKenzie confirmed that it allows up to 5% for commercial use
Steve Forcas, 59 Waugh Court was present and was sworn in. He noted that his primary concern was not the strip mall that is being proposed but rather the traffic that will be generated, the loss of property values for the residential property owners and lessened safety for the children and the elderly.
Resident Ray Fackelmann was present. He asked about the definition of a convenience store. Planner McKenzie stated that the definition is not outlined in the Ordinance but it would depend on how one would view a convenience store. She gave an example of a drug store providing a convenience service, but yet, is not necessarily considered a convenience store.
George Randall, 124 Marcello Court was present and remained under oath. He asked whether the applicant would consider not having a restaurant. Planner McKenzie stated that the applicant would not be allowed to have McDonald food store, but that a Chinese restaurant or pizza restaurant is allowed. She added that it was appropriate for the Board to impose a condition that restaurants not emit odors.
Richard Rosenberg, 9 Stillwell Court was present and remained under oath. He questioned whether delivery from a Chinese restaurant was allowed. Planner McKenzie confirmed that that is a permitted use.
Chairman Fross closed the public portion of the hearing related to questioning of the witness and opened the hearing to the public for comment.
Larry Felder, 33 Stillwell Court was present and confirmed that he was still under oath. He discussed extensively on his opposition to this application noting concerns such as safety for his family. He presented a letter detailing his concerns which was marked in to evidence as Exhibit O-4
Paula Biederman, 62 Waugh Court was present and remained under oath. She noted that she was not notified about the hearing for this matter via mail even though she lives in the vicinity of the project is question and all her neighbors were notified. Attorney Soriano reviewed the certified list of property owners within 200-ft given to him by the Township’s Tax Assessor and confirmed that Ms. Biederman’s name was not on the list. Board Attorney Collins confirmed that the applicant is entitled to trust the certified list given to him by the Tax Collector. It was therefore determined the applicant was not at fault. The applicant apologized for the inconvenience. The Township’s Tax Assessor’s office will be notified of same.
Jacob Luftman, 373 Hannah Way was present and remained under oath. He thanked the Board for the time they have taken on this matter. He then discussed some of the undesirable things with this application noting that the property value for their homes and the quality of life for the surrounding residences will decrease. He added that he did not agree with the applicant’s traffic expect with respect to his testimony on traffic and safety.
Richard Rosenberg, 9 Stillwell Court was present and remained under oath. He talked in detail regarding his concerns with the proposal for Route 22 Access to the strip mall due to safety and traffic reasons.
Joe Aita, 177 Jessica Court was present and remained under oath. He noted that he is the Board President for Stratton Meadows. He asked that should the Board approve this application, they should condition the approval on a 10:00 pm closing for safety reasons. He also discussed in detail about noise concerns and the disadvantages of having a convenience store at the site due to loitering.
Jacob Luftman, 373 Hannah Way was present and remained under oath. He asked that should the Board choose to approve this application, there should be a condition that no fresh food is served unless it is packaged. He also asked that the applicant install a sidewalk on the South side of Traci Lane.
Richard Rosenberg, 9 Stillwell Court was present and remained under oath. He asked that if the Board should choose to approve this application, the applicant should be made to address the concerns of the Board and the public.
George Randall, 124 Marcello Court was present and remained under oath. He suggested conditions of approval should this application be approved.
Chairman Fross closed the public portion of the hearing.
Board member Leven asked the applicant why the Route 22 access is needed. Engineer Gary Dean noted that the commercial component of this application would expect access to Route 22. He also noted that this access would limit the potential of residents parking at Traci Road and walking to the strip mall.
Attorney Soriano gave a closing statement while urging the Board to approve this application.
The Board discussed conditions of approval that they deemed as appropriate in this matter including;
· Compliance with the reports of the Township Planner dated 2/16/07 and the Township Engineer’s report dated 3/6/07
· The walkway to Traci Rd will be in the vicinity of the bank and pharmacy, as shown on the plans.
· The applicant will elongate the detention basin along Route 22 and landscape that area to the satisfaction of the Township Engineer and the Township Planner
· Turn off all lighting (except necessary security lighting) ½ hour after business closing.
· The hours of operation for the pharmacy and the bank shall be 8am to 10pm
· The ATM will be open twenty four (24) hours a day but will be relocated to the front of the building at the walkway area, unless it is impossible to do so.
· The pharmacy will not have drive thru service before or after normal business hours
· The applicant will provide a list of objectionable uses that they will not utilize at the facility.
· The applicant’s attorney will provide an agreement on the hours of operation and a prohibition of loitering.
· The management policy should prevent nuisance to the surrounding residential homes
· The applicant shall install a board on board fence, or other suitable fencing as discussed with the applicant’s architect. The design details will be subject to the review and approval by the Township Engineer and Planner
· The signage on Route 22 will not identify the Traci Road access or access from Traci Road to Route 22
· The applicant’s landscaping plan will be subject to further review and approval by the Township Planner.
· There will be no signs on windows in any stores on the site.
· The proposed tower will be no higher than 37-ft
· The applicant will submit signage plan package for review and approval of the Township Planner.
· The range of uses for the retail store in addition to the bank and pharmacy shall be consistent with some of the uses permitted in the PURD zone not including liquor stores, gasoline or service stations, 24 hours stores or operations. In addition, dry cleaners shall not use chemical processing.
· Applicant shall comply with the reports of the fire official and environmental officer
· No crab apple trees will be installed by Lot 3 and the bank. Those will be replaced with flowering dogwood trees. A visual buffer will be planted along the Traci Road access toward Route 22 to visually buffer the dwellings to the west.
· Proposed gazebo tower treatment will have no windows or glass, will not be lit and will be no more than 37-ft high
· Retail uses may be open from 5:00 am to 10:00 pm
· The applicant will restrict tenants from allowing tractor trailers on Traci Road.
· The proposed berm along Traci Road will be between 3-ft to 4-ft high.
· The applicant shall make a sidewalk contribution fund to the Township for the length of the frontage along Traci Road. This is done with the understanding that the Homeowner’s Association will be responsible for installing and maintaining it and that the sidewalk will not be a municipal sidewalk. A Developer’s Agreement to this effect is needed.
The applicant was agreeable to the conditions of approval as suggested by the Board. Mayor Flannery thanked the applicant and residents for putting in a great deal of effort and working together in the manner that they have. The Board members concurred. Ms. Joanne Kane also noted the cooperative working relationship of the Applicant, residents, and Board.
Motion by Mrs. Knapp, second by Mr, Leven, the foregoing application was approved with the conditions discussed on the following roll call vote:
AFFIRMATIVE: Mr. Rodzinak, Mrs. Joanne Kane, Mrs. Knapp, Councilman Kurdyla, Mr. Leven, Mayor Flannery, Chairman Fross
OPPOSED: None
ABSTENTIONS: None
ABSENT: None
NOT ELIGIBLE: Mrs. Barbara Kane, Mr. Hayes
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HABITAT FOR HUMANITY
Block 300 Lot 14 (140 Southside Avenue)
#52-06-PB, Prelim Major Subdivision (9-lots)
Time: 45=4/1/07
Midway into the Board meeting, the Board observed that they would not be able to reach this application. The applicant, therefore, agreed to carry the hearing for this matter to March 26, 2007. No further notice is required.
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BOARD BUSINESS
The Board did not conduct any other business.
ADJOURNMENT:
It was the consensus of the Board to adjourn the meeting at approximately 11:45 pm.
Respectfully submitted,
Grace Karanja
Planning Board Administrative Assistant
ADOPTED 3-26-07
