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.

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.

There was salute to the flag.

Mr. Rodzinak – present

Mrs. Joanne Kane - present

Mrs. Knapp – present

Mr. Leven – present

Councilman Kurdyla – present

Mayor Flannery – present

Chairman Fross – present

Ms. Barbara Kane, Alt. #1 - present

Mr. Hayes, Alt. #2 - present

Others present: Board Attorney Thomas Collins, Township Planner Scarlett Doyle, Township Engineer Robert Bogart, Marie L. Broughman, Land Use Administrator.

September 11, 2007, Regular Meeting – Motion by Councilman Kurdyla, second by Mr. Rodzinak, the September 11, 2007 regular meeting minutes of the Planning Board were adopted, as presented, on a unanimous voice vote of those present.

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There were no resolutions that required Board action.

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HEARINGS AND DELIBERATIONS:

DPB, LLC (Quarry Realty)

Block 707 Lot 9 (1924 Washington Valley Rd)

#10-07-PB, Amended Preliminary Site Plan

Time: Extension to 10/21/07

Geoff Soriano, Esq. was present to represent the applicant. It was confirmed that this is a continuation of a meeting that commenced on May 18, 2007, and was continued on September 11, 2007. Attorney Soriano summarized the discussions held on the previous meetings and also outlined the aspects of this application as follows:

1. The applicant seeks to modify the prior condition of approval which limited the use of the property in question to professional office use only. The proposal at hand is to use approximately 2,100 square feet as a medical day-spa.

2. The applicant wishes to install a ceiling height greater than 7-feet high and utilize that space for storage, mechanical equipment storage and a laundry room for the day-spa. Escrow monies will be posted to assure random inspections to confirm that the space would not be occupied in a manner that is different than what is testified to.

Attorney Soriano confirmed for the record that the parking management plan discussed in previous meetings is not being considered. The following witnesses were introduced and/or sworn in:

Dennis Hudacsko, Planner

Gary Dean, Traffic Expert

Dr. Alex Troncoso testified that he is a licensed medical doctor in Morristown Memorial Hospital and that he will be part-owner of the proposed spa business. He continued to testify that they will never use the spa office as a medical office nor will it be used for patients from the Morristown Hospital. The proposed spa facility will be used to provide non-invasive services which include:

Dr. Troncoso testified that a medical doctor is not required for most of these applications; however, the laser treatments must be done under the supervision of a medical doctor. He described the staffing, noting that there will be 3-4 employees. The two (2) doctors will have alternating schedules. The hours of operation were also discussed. The facility will open at 10:00 am or 11:00 am to 6:00 pm or 7:00 pm, Monday thru Friday and one weekend day. It was confirmed that there will only be 2-4 clients at one time and that the scheduling will be controlled with the appointment book. Sheets A-1 and A-2 of the floor plans was also discussed as they relate to this medical day-spa service. Dr. Troncoso testified that only syringes used for botox treatments would be considered medical waste and that these will be only in a small supply.

Chairman Fross opened the hearing to the Board members for questions. Via questions from the Board, it was confirmed that there will only be eight to twelve (8-12) people at the day spa facility at any given time; the treatment sessions are approximately forty to forty five (40-45) minutes long, patients are not scheduled back to back since there are ten to fifteen (10-15) minutes allowances for clean up etc. in between patients. Laundry will be done by the employees. It was also confirmed that for botox treatments, a physician is only required to oversee the procedure. In addition, Mr. Troncoso has several certifications for different treatments.

Chairman Fross opened the hearing to the public for questions:

Jack Gray, 833 Quarry Lane was present and he was sworn in. He noted that his property abuts the property in question from the rear. He was concerned that the basement will be used for something other than storage.

On question by Mr. Gray, the owner, Mr. Berlant, testified that there will be the same window treatments on the lower level as is found on the upper level. On question by Mayor Flannery, Mr. Berlant confirmed that he would put mini blinds or some other treatment in the basement windows to ensure that no light will come out.

Engineer Gary Dean was called in as the next witness and he was sworn in and qualified. Mr. Dean testified on how this use would affect other uses. The testimony was based on new traffic counts. Mr. Dean focused on the parking demand if the building was used for office use as opposed to the proposed day-spa use. His data supports the conclusion that there is adequate parking on the site to accommodate the proposed use. It was confirmed that the applicant seeks relief from parking as the Ordinance requires more spaces than the fifty nine (59) spaces that the applicant is providing. The following was marked into evidence:

A-4 (9/24/07) - Traffic/Parking Study prepared by Gary W. Dean, PE, PP of Dolan and Dean Consulting Engineers dated 9/14/07

Chairman Fross opened the hearing to the Board for questions, then the public and there were none. The hearing was opened to the Board for deliberations.

The Board deliberated and agreed to approve the application subject to the following conditions:

• The basement will be utilized only for storage of files and mechanical equipment. No day-to-day or full time use of the basement is permitted.
• There will be one (1) washer and dryer permitted in the basement. If a sink is required by code, it will be permitted.
• A new interior vestibule and stairway will be permitted. This will NOT require a façade change.
• The services provided by the spa will be as defined and testified to by the applicant. No salon uses are permitted.
• Only 2,100 square feet is permitted to be used as a medical day-spa
• No bathrooms or other furnishings in the basement are permitted, except for partitions between tenants and demising walls for further rooms.
• The same blinds and window treatments in the upper level will be installed in all basement windows.
• Parking relief is granted based on ITE standards and traffic testimony provided by the traffic engineer.

Motion by Councilman Kurdyla, second by Mr. Rodzinak, the above referenced application was approved, subject to 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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OTHER BOARD BUSINESS:

The Board did not conduct any other business.

It was the consensus of the Board to adjourn the regular meeting and enter into executive session at approximately 9:00 pm.

Respectfully submitted,

Grace Karanja

Planning Board Administrative Assistant