BRIDGEWATER TOWNSHIP PLANNING BOARD
Regular Meeting
Tuesday, April 10, 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.
SALUTE FLAG:
There was salute to colors
ROLL CALL:
Mr. Rodzinak – present Mrs. Joanne Kane - present
Mrs. Knapp – absent Mr. Leven – absent
Councilman Kurdyla – present Mayor Flannery – present
Chairman Fross – present
Ms. Barbara Kane, Alt. #1 -present
Mr. Hayes, Alt. #2 – present
Others present: Thomas Molita, Esq. for Board Attorney Thomas Collins, Township Engineer Robert Bogart, Township Planner Scarlett Doyle, Grace Karanja, Planning Board Administrative Assistant
APPROVAL OF BOARD MINUTES:
March 26, 2007 Regular Meeting- Motion by Councilman Kurdyla, second by Mr. Hayes, the Planning Board regular meeting minutes of March 26, 2007,were adopted as amended on a unanimous voice vote of those present.
MEMORIALIZATION OF RESOLUTIONS:
GEN III
Block 173 Lot 2 (Route 22 & Traci Road)
#67-04-PB, Preliminary Site Plan w/variances
DECISION: Approved w/conditions 3/13/07
Geoff Soriano, Attorney for GEN III was present. Ray Papperman, Attorney representing the Homeowner’s Condominium Association was also present to suggest and discuss amendments to the GEN III resolution. The following amendments were noted.
1. The hours of operation should be repeated in the conditions section.
2. Restrictions of truck traffic on Traci Rd. should be repeated in the conditions section
3. Restaurants without drive up windows and notation of the restriction that odor be controlled to the maximum extent possible should be repeated in the conditions section
4. Mr. Papperman noted that the Homeowner’s Association does not want fast food establishments. After much discussion by the Board, it was concluded that with the hours of operation constraints imposed and the condition that no drive-thru restaurants are permitted, restaurants would be acceptable.
Applicant’s Counsel, Mr. Soriano objected to the requirement that the GEN III Resolution be recorded in the “chain of title” as is outlined on the resolution. Due to the need to get input from Mr. Collins, the Resolution will be revised and re-circulated.
Administrative errors were noted and should be corrected i.e. a date change to February 26 concerning the date of the Township Planner’s report (page 2), and a spelling correction of the name Richard Potter (Page 3).
It was the consensus of the Board to adjourn the memorialization of this resolution to the next regularly scheduled Planning Board meeting.
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Chairman Fross acknowledged guests in the audience. Roger Estitallati came forward and introduced himself. He confirmed that he and his friends are from the NJIT School of Engineering and the reason they were at the meeting was because they were required to attend a design class.
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LAND DEVELOPMENT APPLICATIONS:
DPB, LLC
Block 707 Lot 9 (1924 Washington Valley Rd)
#10-07-PB, Amended Preliminary Site Plan with variances
Time: 7/12/07
Geoff Soriano, Esq. represented the applicant to request adjournment. The application was re-scheduled to May 8, 2007 with no further notice required. Attorney Soriano noted that some neighbors were advised by the applicant that the hearing for this matter would be rescheduled. Mr. Soriano confirmed that these neighbors will be called by the applicant to be advised of the new hearing date.
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BAL MIDDLEBROOK CROSSING, LLC
Block 821 Lot 24(US Highway Route 22)
#55-06-PB, Preliminary Site Plan with variances (including steep slopes)
Time: 04/27/07
This matter is a continuation of a hearing that commenced on 3/26/07. Geoff Soriano, Esq. was present to represent the applicant. He summarized the prior applications and prior public hearings. He continued to discuss some of the concerns that the Board had which include the proposed 54 parking spaces. Attorney Soriano argued that there is no parking requirement specific to assisted living facilities and therefore he was using the criteria for Nursing Homes which requirement is outlined in the Ordinance as requiring one (1) parking space for each bed. Mr. Soriano noted that they would be providing testimony that would show that the parking spaces proposed are adequate for the site in question and the use. Attorney Soriano also discussed some of the discrepancies noted by the Board at the last meeting of 3/27/07 including:
1. The 1997 site plan approval appeared to include a requirement of 60 parking spaces
2. The prior approval required the applicant to identify banked parking. Current plans do not depict this area.
3. Applicant was to provide a pedestrian and overflow parking agreement
4. A supplemental parking study was to be conducted
Attorney Soriano noted that based on those issues, the Board had requested additional information to support their requests; hence the reason they are before the Board. He then invited his first witness, Anthony Daltrui, PE, who remained under oath.
Mr. Daltrui testified that he contacted Van Cleef Engineering to review their files regarding the prior application in connection with this case and found correspondence that showed revised lighting and parking plans depicting a reduction in parking from 60 to 57 spaces. Same was marked into evidence as follows:
A-2 4/10/07 Letter to Chip Mills of Bridgewater Township dated 4/13/1999
A-3 4/10/07 Letter to Hugh McClusky of Bridgewater Township dated 5/10/99
The above referenced correspondence seemed to not have been responded to although a certificate of occupancy for the site was issued
A-4 4/10/07 Site Plan prepared by Van Cleef Engineering Associates, last revised 8/19/89
Above referenced site plan depicted more parking in the Northwest of the site. This deleted 4 parking spaces in order to get to the banked parking area. The plan shows the banked parking area.
Engineer Daltrui continued to testify that he visited the site in question one time per month and confirmed that parking was more than adequate. except for the anniversary party.
Chairman Fross opened the hearing to the Board for questions. Mayor Flannery questioned whether it was possible for the applicant to build additional parking should they need it. Mr. Daltrui confirmed that he was not certain whether it was possible although when they did go before the Board in 2000, he thought that additional parking area was possible. Mr. Bogart recommended that the Engineer testify regarding this issue. Chairman Fross noted that the prior resolution stated that the owner of the adjoining property agreed to give access to his existing parking lot. This access was to be restricted to holidays and weekends to allow additional parking should the assisted living facility require it. He noted however that the easement has no limitation as to days for usage. Attorney Soriano concurred but noted that what the applicant is proposing is more than what the Board approved.
There were no further questions from the Board. There were also no questions from the public. Attorney Soriano invited his next witness Mark Mayhew, PE, who remained under oath.
Engineer Mayhew testified with regard to the OPRA request he submitted to the Township for resolutions and site plans for property adjoining the site in question. He noted that he received a response was from the Planning Department indicating that there were no records. There was discussion as to whether the OPRA request was circulated to other departments in the Township. This response was marked into evidence as follows:
A-5 4/10/07 Letter from the Planning Department dated 4/5/07
Mr. Mayhew continued to testify with regard to additional parking counts which he noted were taken on Saturday 3/31/07. He noted that 28 spaces were the peak demand which is 25% less than the weekday peaks. These findings were in concert with the ITE Manual. They calculate that the peak demand for the build-out is 42 spaces. The site has adequate parking for this expanded facility. The ITE calculations for Nursing Homes are marginally higher (10% higher than an Assisted Living Facility). It projects less than the number of spaces required for Nursing Homes in the Township Ordinance.
Chairman Fross opened the hearing to the Board for questions. On question, Mr. Mayhew testified that the “banked parking” is on 11-19% slopes. It could be built on and the additional surface would not violate impervious coverage. There are wetlands with 50’ transition area, but access can be achieved.
On question of Councilman Kurdyla, Mr. Mayhew testified that the existing parking will be adequate for the build-out of the proposed facility. This would include holidays.
Chairman Fross opened the hearing to the public for questions. There were none. Geoff Soriano invited his next witness, Steve Heany, Brandywine Employee and Vice President of Development. Mr. Heany was sworn in. His experience was noted by the Board as Assisted Living Administrator and Development Manager. He defined Assisted Living services of Brandywine which includes extra care to residents/occupants. He described the process needed to be approved for construction of this type of facility, through a “Certificate of Need” which defines and/or limits the number of units and beds. He confirmed that currently, the permitted number of beds at the facility in question is 112. He added that a new Certificate of Need will be needed to construct the additional units.
Mr. Heany continued to testify that there is a true demand for the additional/larger units. He added that their Census for 2006 involves 103 residents but due to fluctuation, they now have 111 residents. He noted that the concierge units (Ritz Carlton) are 600 square feet and include 9 units. The Alzheimers Section will be expanded with an additional five (5) units. Mr. Heany testified that Brandywine Assisted living are good neighbors and in that regard noted that there are three (3) Private Ambulance services in place so as not to burden the Township first response services in case there is an emergency.
The following exhibits were marked into evidence:
A-6 4/10/07 An agreement with Brandywine Assisted Living and Able Medical
Transportation Inc.
A-7 4/10/07 First Response Ambulance Service Agreement
Chairman Fross opened the hearing to the Board for questions. On question by Barbara Kane regarding how many units are proposed, Mr. Heany confirmed that fourteen (14) units are proposed but the applicant will be loosing some existing beds in order to accommodate the larger units proposed. Mayor Flannery asked if there is anything that would prohibit the applicant from getting approvals on additional units. It was noted that a condition on a resolution limiting the approval to fourteen (14) units would do it.
Chairman Fross opened the hearing to the public for questions. There were none. Attorney Soriano invited his next witness, Norman Halloway of Meyer Design who is a registered Architect. Mr. Halloway was sworn in. He presented his professional and education background and the Board accepted his credentials. He described the floor plan for the three levels noting that five (5) dementia units are proposed on the first (1st) floor at 360 square feet each. Offices, living area, storage area and closets are also proposed on this floor. Five (5) Concierge units are proposed at 480-550 square feet each the second (2nd) floor and third (3rd) floors. Mr. Halloway noted that the second and third floors are identical. In summary, fifteen (15) units will be added (5 on each floor) but one existing unit will be lost on each floor in order to accommodate the larger living areas. Mr. Halloway then presented photographs of the building as it exists today and confirmed that the applicant will use the same materials used for the existing dwellings (e.g. shingles & bricks) on the proposed addition. The following exhibits were marked into evidence:
A-9 4/10/07 Pictures (photos) of facility as it exists today
A-10 4/10/07 Rendering of the elevations of site visible from the neighbors perspectives
Architect Halloway concluded his testimony. There were no questions from the Board or the public.
Township Engineer recommended that the applicant submit a site circulation plan. He asked if the applicant wanted to amend the banked parking as it was required in the prior approval. Geoff Soriano, applicant’s counsel, confirmed that he does not propose to implement the banked parking at this time. After much discussion, the Board required that banked parking be shown on the revised plan. Mr. Soriano noted that there is a need for flexibility on the layout of the banked parking on plans. The Board agreed to this.
Councilman Kurdyla noted that he liked the larger rooms. He added that he believed that parking as is proposed will be adequate. He noted that it was his experience with this facility with regard to parking that there are no problems.
Chairman Fross opened the hearing to the public for comment and there was none. He opened the hearing to the Board for deliberation. The Board agreed to approve the application subject to the following conditions:
§ Should the applicant require any additional beds beyond fourteen (14), they must return to the Board for review and approval due to the need for parking demands
§ Banked parking will be shown on the revised plans
§ A Site Circulation Plan will be reviewed and approved by the Township Engineer prior to the pre-construction meeting
§ The Applicant shall comply with the recommendations of the Township Planner and Township Engineer as outlined in their reports dated 3/19/07 & 2/26/07 + 3/19/07 respectively.
Motion by Mr. Hayes, second by Councilman Kurdyla, the above referenced application was approved with conditions on the following roll call vote:
AFFIRMATIVE: Mr. Rodzinak, Mrs. Joanne Kane, Councilman Kurdyla, Mrs. Barbara Kane, Mayor Flannery, Mr. Hayes, Chairman Fross
OPPOSED: None
ABSTENTIONS: None
ABSENT: Mrs. Knapp, Mr. Leven
NOT ELIGIBLE: None
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OTHER BOARD BUSINESS:
Recommendation to vacate the conservation easement at 2 Benner Court
It was noted that Township Engineer Bogart would conduct a presentation on this issue at the next Planning Board meeting.
Reduction of the size of plans submitted by applicants
Township Planner Doyle noted that she would like the Board to see if they would prefer to get smaller plans from the applicants (size 11 X 17) noting that even though they are not as readable, they would be very convenient especially at the dais. She noted that we would still have large maps (size 34 X 36) available for the Board’s review. The Board was agreeable to the Planner Doyle’s suggestion. They agreed to try out the smaller sized plans on one (1) applicant to determine how practical this is.
Finderne Neighborhood Study Presentation
Planner Doyle informed the Planning Board that Kitchen and Associates architectural firm recently completed a study of the Finderne neighborhood for possible improvements to the area. A grant from the Somerset County Regional Partnership funded the study. She then provided suggestions and guidelines for future improvements to the area including facades, pedestrian pathways, lighting and signage noting that their intention is to uplift the look of this neighborhood and get some consistency or neighborhood pattern. Funding was also discussed and it was noted that grant monies can be sought to help with the funding.
Planner Doyle noted that she would like an endorsement from the Planning Board and Township Council stating that the Finderne Neighborhood Plan is an acceptable vision and that she would prepare a resolution for the Board with the Board’s approval. The Board concurred that they liked the vision. Motion was made by Councilman Kurdyla to have Attorney Collins prepare a resolution for the endorsement of the concept of the Finderne Neighborhood Plan. The motion was seconded by Mr. Rodzinak and carried on the following roll call vote:
AFFIRMATIVE: Mr. Rodzinak, Mrs. Joanne Kane, Councilman Kurdyla, Mrs. Barbara Kane, Mayor Flannery, Mr. Hayes, Chairman Fross
OPPOSED: None
ABSTENTIONS: None
ABSENT: Mrs. Knapp, Mr. Leven
NOT ELIGIBLE: None
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ADJOURNMENT:
It was the consensus of the Board to adjourn the meeting at approximately 9:45 pm.
Respectfully submitted,
Grace Karanja
Planning Board Administrative Assistant
ADOPTED 5-8-07
