Minutes Management

Meeting Minutes From: 1/28/2008
_______________________________________________________________________________________________________________________________________ NOTE: THIS AGENDA IS PROVIDED FOR GENERAL INFORMATION. IT IS NOT TO BE USED AS A BASIS FOR IDENTIFYING THE ORDER IN WHICH APPLICATIONS WILL BE PROCESSED. THE ORDER WILL BE DETERMINED BY THE CHAIRMAN AT THE TIME OF THE BOARD MEETING. _______________________________________________________________________________________________________________________________________ BRIDGEWATER TOWNSHIP PLANNING BOARD Regular Meeting Monday, January 28, 2008 —REVISED AGENDA— 1. CALL MEETING TO ORDER: Time: 7:00 p.m. Place: Bridgewater Township Municipal Court 505 Route 202/206 North Bridgewater, New Jersey 08807 2. OPEN PUBLIC MEETINGS ACT ANNOUNCEMENT: In accordance with the requirements for the Open Public Meetings Act, this meeting was noticed on January 11, 2008. 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. 3. ROLL CALL: 4. TOWNSHIP COUNCIL REFERRAL FOR REVIEW AND RECOMMENDATION OF THE PLANNING BOARD: AN ORDINANCE OF THE TOWNSHIP OF BRIDGEWATER AMENDING CHAPTER 126 (LAND USE) SECTION 126-35 (SCHEDULE OF FEES), SUBSECTION A 4 (a) WHEREAS, N.J.S.A.40:55D-53.2 provides for a method of charging for a municipal professional or employees for review of applications for development review and preparation of documents; and WHEREAS, the present Township Fee Ordinance Subsection 126-35 A 4(a) does not set forth the ratio of the rates charged to municipal employee’s hourly base salary; NOW, THEREFORE, BE IT ORDAINED by the Township Council of the Township of Bridgewater, County of Somerset and State of New Jersey that Chapter 126, Subsection 126-35 A 4(a) is amended as follows: Each payment charged to the deposit for review of applications, review and preparation of documents and inspection of improvements shall be pursuant to a voucher from the professional which voucher shall identify the personnel performing the service, and each date the services were performed, the hours spent to one-quarter-hour increments, the hourly rate and the expenses incurred. For township employees, the hourly rate shall be 200% of the employee’s hourly base salary which shall be established annually by ordinance. All professionals shall submit vouchers to the Chief Financial Officer of the municipality on a monthly basis in accordance with the schedules and procedures established by the Chief Financial Officer. The professional shall send an informational copy of all vouchers or statements submitted to the Chief Financial Officer of the municipality simultaneously to the applicant and, the municipal agency for whom said services were performed. 5. APPROVAL OF BOARD MINUTES: January 8, 2008 Regular & Re-organization Meeting 6. MEMORIALIZATION OF RESOLUTIONS: 6a. VANDERVEER Block 164 Lot 1 (283 Vanderveer Road) #14-06-PB, Minor Subdivision PROPOSAL: Extension of time request DECISION: Approved w/conditions 1/8/08 ELIGIBLE: Mr. Rodzinak, Mrs. Joanne Kane, Mrs. Knapp, Councilman Scaglione, Mayor Flannery, Mrs. Barbara Kane, Chairman Fross ----------------------------------------------- 6b. SHERID INC. Block 718 Lots 141, 142, 142.01 (Foothill Rd.) #13-05-PB, Final Major Subdivision DECISION: Approved w/conditions 1/8/08 ELIGIBLE: Mr. Rodzinak, Mrs. Joanne Kane, Mrs. Knapp, Mayor Flannery, Mrs. Barbara Kane, Mr. Hayes, Chairman Fross --------------------------------------------------- 6c. STEVEN MOSS Block 718 Lot 160 (528 Foothill Rd.) #01-07-PB, Preliminary Major Subdivision PROPOSAL – Four (4) buildable lots DECISION: Approved w/conditions 1/8/08 ELIGIBLE: Mr. Rodzinak, Mrs. Joanne Kane, Mrs. Knapp, Councilman Scaglione, Mayor Flannery, Mrs. Barbara Kane, Chairman Fross --------------------------------------------------- 7. LAND DEVELOPMENT APPLICATIONS: 7a. GAGLIOTTI, Gary Block 906 Lot 511 (Off Loller Drive) #25-06-PB, Preliminary Major Subdivision with Variances PROPOSAL: (8 buildable lots are proposed) TIME: 1/10/08 Application is active but on hold until further notice from the applicant, per letter from the applicant’s Counsel dated 1/17/08. The applicant will re-notice once the application is reactivated and a new hearing date is set. ---------------------------------------------- 7b. BEYOND MEDSPA, LLC (Quarry Realty) Block 707 Lot 9 (1924 Washington Valley Rd) #05-08-PB, Amended Preliminary Site Plan PROPOSAL: Internal Stairway for direct access to Cellar Space Time: 5/14/08 --------------------------------------- 7c. FNC REALTY (Kimco) Block 166 Lot 6 (794 NJ State Highway Route 202) #32-07-PB, Preliminary Major Site Plan w/variances PROPOSAL – Day care center & Retail Store TIME: 4/2/08 ---------------------------------------------- 8. OTHER BOARD BUSINESS: 9. MEETING OPEN TO THE PUBLIC: Members of the public wishing to address the Board on any matter not listed on the agenda may do so at this time. 10. EXECUTIVE SESSION: 11. ADJOURNMENT: BRIDGEWATER TOWNSHIP PLANNING BOARD Regular Meeting Monday, January 28, 2008 —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 11, 2008. 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 the flag. ROLL CALL: Mr. Rodzinak – absent Mrs. Joanne Kane - present Mrs. Knapp – present Mr. Leven – present Councilman Scaglione – present (arrived 7:05 pm) 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, Grace Karanja, Assistant Board Secretary SALUTE TO FLAG: There was salute to the flag TOWNSHIP COUNCIL REFERRAL FOR REVIEW AND RECOMMENDATION OF THE PLANNING BOARD: AN ORDINANCE OF THE TOWNSHIP OF BRIDGEWATER AMENDING CHAPTER 126 (LAND USE) SECTION 126-35 (SCHEDULE OF FEES), SUBSECTION A 4 (a) Township Planner Scarlett Doyle confirmed that she has reviewed the above referenced Ordinance which relates to professional staff employees and their work on specific escrowed projects. She noted that she has reviewed the text and found it consistent with the Master Plan and recommended that the Board favorably consider this Ordinance. The Board concurred. The Board’s favorable recommendation will be forwarded to Township Council. Motion by Mayor Flannery, second by Mrs. Barbara Kane, the Board found the ordinances, as proposed, are not inconsistent with the Master Plan on the following roll call vote: AFFIRMATIVE: Mrs. Joanne Kane, Mrs. Knapp, Mr. Leven, Mayor Flannery, Mrs. Barbara Kane, Mr. Hayes, Chairman Fross OPPOSED: None ABSTENTIONS: None ABSENT: Councilman Scaglione, Mr. Rodzinak NOT ELIGIBLE: None ----------------------------------------------- APPROVAL OF BOARD MINUTES: *January 8, 2008 Reorganization & Regular Meeting* – Motion by Mayor Flannery, second by Mrs. Joanne Kane, the January 8, 2008, reorganization & regular meeting minutes of the Planning Board were adopted, as amended, on a unanimous voice vote of those present and eligible to vote. MEMORIALIZATION OF RESOLUTIONS: VANDERVEER Block 164 Lot 1 (283 Vanderveer Road) #14-06-PB, Minor Subdivision PROPOSAL: Extension of time request DECISION: Approved w/conditions 1/8/08 Motion by Mrs. Joanne Kane, second by Mrs. Barbara Kane, the resolution memorializing the approval with conditions for the above referenced application was adopted, as presented, on the following roll call vote: AFFIRMATIVE: Mrs. Joanne Kane, Mrs. Knapp, Councilman Scaglione, Mayor Flannery, Mrs. Barbara Kane, Chairman Fross OPPOSED: None ABSTENTIONS: None ABSENT: Mr. Rodzinak NOT ELIGIBLE: Mr. Leven, Mr. Hayes ----------------------------------------------- SHERID INC. Block 718 Lots 141, 142, 142.01 (Foothill Rd.) #13-05-PB, Final Major Subdivision DECISION: Approved w/conditions 1/8/08 Motion by Mrs. Knapp, second by Mayor Flannery, the resolution memorializing the approval with conditions for the above referenced application was adopted as presented on the following roll call vote: AFFIRMATIVE: Mrs. Joanne Kane, Mrs. Knapp, Mayor Flannery, Mrs. Barbara Kane, Mr. Hayes, Chairman Fross OPPOSED: None ABSTENTIONS: None ABSENT: Mr. Rodzinak NOT ELIGIBLE: Mr. Leven It was confirmed for the record that Councilman Scaglione and Township Planner Doyle recused themselves and left the dais. ----------------------------------------------- STEVEN MOSS Block 718 Lot 160 (528 Foothill Rd.) #01-07-PB, Preliminary Major Subdivision PROPOSAL – Four (4) buildable lots DECISION: Approved w/conditions 1/8/08 Motion by Mayor Flannery, second by Mrs. Knapp, the resolution memorializing the approval with conditions for the above referenced application was adopted as presented on the following roll call vote: AFFIRMATIVE: Mrs. Joanne Kane, Mrs. Knapp, Councilman Scaglione, Mayor Flannery, Mrs. Barbara Kane, Chairman Fross OPPOSED: None ABSTENTIONS: None ABSENT: Mr. Rodzinak NOT ELIGIBLE: Mr. Leven, Mr. Hayes --------------------------------------------------- HEARINGS AND DELIBERATIONS: GAGLIOTTI, Gary Block 906 Lot 511 (Off Loller Drive) #25-06-PB, Preliminary Major Subdivision with Variances PROPOSAL: (8 buildable lots are proposed) TIME: 1/10/08 It was confirmed that the above referenced application is active but on hold until further notice from the applicant, per letter from the applicant’s Counsel dated 1/17/08. Board Attorney Collins asked that the applicant be required to provide unlimited extension to the Board. In addition, the applicant will re-notice once the application is reactivated and a new hearing date is set. ---------------------------------------------- BEYOND MEDSPA, LLC (Quarry Realty) Block 707 Lot 9 (1924 Washington Valley Rd) #05-08-PB, Amended Preliminary Site Plan PROPOSAL: Internal Stairway for direct access to Cellar Space Time: 5/14/08 Susan Rubright, Esq. was present to represent the applicant. She confirmed that Beyond Medspa, LLC is a tenant of Quarry Realty which was subject to prior Planning Board approvals. The applicant has returned to the Board requesting authorization to construct an internal staircase for MedSpa’s convenient and discrete access to the cellar space. No other changes are being proposed. Attorney Rubright also confirmed that the applicant understands that they will be bound by all other prior approvals. Douglas J. Coleman, AIA was present and he was sworn in. He presented his professional and education background and the Board accepted his credentials. He confirmed that he is familiar with this application. He testified that what prompted the applicant back to Board is the realization that they would have an image issue if their clientele observed employees transporting supplies and dirty laundry to the basement. He went into detail about the applicant’s intent to be a high-end spa. In order to combat the competition of other Spa businesses in the area, image for them is a major and primary concern. He testified that the use of the basement has not changed as it will be used solely for laundry and storage purposes. Architect Coleman presented exhibits which were marked into evidence as follows: A-1 1/28/08 Architectural drawing as prepared by Douglas J. Coleman, AIA of Beer and Coleman Architects and Associates, LLC dated 1/14/08 (Sheet A-1). Drawing shows the floor plan as was previously approved. A-2 1/28/08 Architectural drawing as prepared by Douglas J. Coleman, AIA of Beer and Coleman Architects and Associates, LLC dated 1/14/08 (Sheet A-2) Drawings show the floor plan as is proposed. The reports of the Township Planner dated 1/12/08 and the Township Engineer dated 1/16/08 were reviewed. The applicant agreed to comply with the recommendations of the Board professionals as outlined in their reports. Chairman Fross opened the hearing to the Board for questions. The Board and its professionals noted concerns with future tenants expanding on the use of the basement. In addition, there was concern that the applicant, by installing the proposed circular stairway would be losing valuable space. The applicant was agreeable to having the resolution impose conditions that would ensure that the basement is used solely for laundry and storage. Chairman Fross opened the hearing to the public for questions of the witness. Donna Gray, 833 Quarry Lane was present and she was sworn in. She asked what the recourse would be if the applicant were to use the basement for uses other than what is being testified to. Architect Coleman stated that one would report this to the Zoning Officer who would then visit the site to confirm that the basement is being used inappropriately. If this were the case, a violation would be issued. Chairman Fross closed the public portion of the meeting. Attorney Rubright invited her next witness, Dr. Alex Troncoso who was sworn in. He testified that after visiting other Spa businesses in the area, it became apparent that it was not customary for clients to see dirty laundry or supplies being carried from room to room. He argued that the proposed circular stairway is consistent with the circular reception area that they will have. On question of the Board, Mr. Troncoso tesitified that the ‘photo’ room shown on the plans will be used solely for picture taking which documents progress of various procedures for their clientele. Dr. Troncoso also testified that the back corner office will be utilized by the employees for breaks and lunches and that the basement or photo room will not be used for this purpose. Chairman Fross opened the hearing to the hearing to the public for questions of the witness and for comments. There were no questions and/ or comments from the public. Attorney Rubright gave a closing statement while urging the Board for a favorable vote. The Board deliberated and agreed to approve the aforementioned request subject to the following conditions: · The applicant shall comply with the report of the Township Planner dated 1/12/08 · The applicant shall comply with the report of the Township Engineer dated 1/16/08 · There shall be no changes to the rooms without Board approval · There shall be no substantial change of the use without Board approval · There shall be no use of the additional stairway or vestibule and landing area in the basement other than laundry and storage Motion by Councilman Scaglione, second by Mrs. Knapp, the above referenced application, for a request to install an internal stairway for direct access to cellar space, was approved, subject to the conditions discussed, on the following roll call vote: AFFIRMATIVE: Mrs. Joanne Kane, Mr. Leven, Mrs. Knapp, Councilman Scaglione, Mayor Flannery, Mrs. Barbara Kane, Chairman Fross OPPOSED: None ABSTENTIONS: None ABSENT: Mr. Rodzinak NOT ELIGIBLE: Mr. Hayes --------------------------------------- FNC REALTY (Kimco) Block 166 Lot 6 (794 NJ State Highway Route 202) #32-07-PB, Preliminary Major Site Plan w/variances PROPOSAL – Day care center & Retail Store TIME: 4/2/08 Meryl, A. Gonchar, Esq. was present to represent the applicant. She confirmed that the applicant is before the Board for preliminary major site plan, with variances, for the old Frank’s Nursery site which has been vacant for a few years. She described the applicant’s proposal, noting that their intent is to raze the existing retail building and associated improvements for the construction of a 6,400 square feet one story retail store and a 21,550 square feet one story day care center which will be formally known as Crème de la Crème. All access is proposed to be from US Highway Route 202, and no access is contemplated via Milltown Rd. In addition, the applicant has proposed a phased construction with the Crème de la Crème Day Care Center and site improvements to be constructed in the initial phase and the retail building to be constructed at some time in the future. The following witnesses were sworn in: Matt Hoener Robert L. Strecker William Oswald John Harter John Sadlone Richard Breiss Matt Hoener, representing the operational functions of Crème de la Crème, described the workings of the Crème de la Crème early learning centers noting that they care for children from the ages of six (6) months to kindergarten all day, and children aged six to twelve (6-12) via after-school programs. The curriculum includes computer learning, art, science, and dance, among others. Their facilities are open from 6:30am to 6:30 pm. The play ground hours are from 9:30 am to 4:30 pm. Students are dropped off throughout the morning, usually between 7:00 am and 9:00 am and walked into the building by the parents. The number of students and employees is established by the State, however, 250 students and 40-60 employees are anticipated. He continued to testify that there are other Crème de la Crème centers all over the country and one in Mount Laurel, NJ. Mr. Hoener noted that New Jersey Department of Environmental Protection (NJDEP) requirements will be adhered to and that he is familiar with all State regulations and processes to obtain permits and No Further Action letters for day care centers, such as the one proposed. The groundwater quality was discussed by Board Attorney Collins, relative to NJDCA requirements. It was noted that the Environmental Impact Study (EIS) overlooked the matter of groundwater quality. The EIS should be amended to reflect the status of this classification area. The applicant agreed that this could be dealt with as a condition of approval. Chairman Fross opened the hearing to the public for questions: Cheryl Kinsley, 261 Milltown Rd. was present and was sworn in. She noted concerns with the number of anticipated children and adequacy of parking. Robert Dolan, 253 Milltown Rd. was present and was sworn in. He was concerned about the vacant strip that goes into Milltown Rd. He stated that it is not maintained. He believes it is an eyesore. William Kelly, 273 Milltown Rd. was present and he was sworn in. He asked about the vapor problem and whether his home would be affected by the construction activity as he had understood from GE/RCA. Mr. Hoener responded in opposition. David Kensley, 261 Milltown Rd. was present and he was sworn in. He asked about the playground area which abuts his back yard. He asked if this could be moved away from his home area. It was noted that the Engineer would answer this question. There were no further questions from the public ------------------------------ Chairman Fross called for a five (5) minute recess at approximately 8:55 pm. The meeting resumed at approximately 9:00 pm with all Board members present as before. --------------------------- Robert Strecker, PE was called forward for his testimony. He presented his professional and education and the Board accepted him as a qualified expert. He discussed in detail exhibits which were marked as follows: A-1 1/28/08 Boundary and Topographic Survey plan prepared by Control Point Associates Inc. dated 2/1/07, last revised 12/14/07 Exhibit represents the property as it exists today Engineer Strecker described the applicant’s proposal in detail noting that two structures are proposed. A 6,400 square feet one-story retail store building and a 21,550 square feet one-story day care center building. Engineer Strecker also described the existing site of Frank’s Nursery and the development constraints, including wetlands and flood prone areas. He noted that the property contains approximately 493,735 square feet (11.334 acres) of which 8,575 square feet are 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. A-2 1/28/08 Aerial Photograph of the site, last revised 12/12/07 Engineer Strecker discussed retail space in square feet and the reduction of impervious coverage with the current proposal when compared to the Frank’s Nursery use and size. He also noted that the natural features on the North Branch of the Raritan River and wetlands will not be impacted by this proposal. A-3 1/23/08 Colored rendering of preliminary site plan, overlaid with rendered version of landscape plan as prepared by Robert L. Streker, PE of Bohler Engineering P.C. dated 6/26/07, last revised 12/12/07 Exhibit shows what the site will look like if this application is approved. Engineer Strecker testified that 121 parking spaces are proposed, which is consistent with the Ordinance. A decorative solid wall fence, 8-ft in height is proposed for security purposes to enclose the playground area. A maximum 6-ft fence is permitted by the Ordinance. The play area and entertainment facilities are set away from residential properties. It was noted that drainage, as proposed, is consistent with DEP regulations. Lighting, including security lighting will be kept at a minimal and will be turned off at the end of the business. Landscaping was discussed and it was noted that 218 trees and 615 shrubs are proposed mostly on the residential buffer. Signage was also discussed and it was confirmed that the two (2) proposed signs are consistent with the Ordinance. In addition, the engineer testified that the temporary advertising sign that is proposed is consistent with the Ordinance. Other required variances were discussed. Engineer Strecker argued that the property is impacted heavily with wetlands and less that 10 acres are developable which means there is no viable room to develop the property without the need for variances. The proposed 262.02 square feet of berm disturbance, which is not permitted by Ordinance in slopes 30% or higher was also discussed. Chairman Fross opened the hearing to the Board for questions. On question of the Board, Engineer Strecker responded to the scenario where there is no retail building. He noted that the layout of the site would have to be revised but that would more closely meet the requirements of the Ordinance. Mrs. Knapp questioned the need for athletic soccer or tennis courts. Engineer Strecker confirmed that they are not full-size courts but are shrunk to toddler scale. Chairman Fross opened the hearing to the public for questions. Cheryl Kinsley, 261 Milltown Rd. was present and remained under oath. She noted the site in question has pines which she hopes can be preserved. Engineer Strecker testified that those would not be eliminated. She also noted concerns about the play area being so close to her property line and asked if the layout can be redesigned. The applicant confirmed in opposition noting that that is not the application that is before the Board. Ms. Kinsley also asked about the intensity of the proposed lights. Engineer Strecker confirmed that there will be no spillage to residential properties on Milltown Rd. Robert Dolan, 253 Milltown Rd. was present and remained under oath. He expressed noise concerns. He also asked if the layout of the site could be reconfigured to eliminate some of the residents’ concerns. William Kelly, 273 Milltown Rd. was present and remained under oath. He asked about the hours of operation that are proposed for the retail store. Attorney Gonchar confirmed that the applicant will have to return to the Board for Final site plan approval, at which time a tenant will be in place and this information will be available. Walter Kokola, 194 Crestview Rd. and a member of the Environmental Commission of Bridgewater was present and he was sworn in. He asked if a stream encroachment permit is required for this project to which Engineer Strecker confirmed affirmatively, adding that it has not been submitted yet but it has been initiated. He also confirmed per Mr. Kokola’s question that all access to this site will be from Route 202 only. David Kensley, 261 Milltown Rd. was present and remained under oath. He noted drainage concerns and also objected to a white color fence as opposed to a natural color fence. Cheryl Kinsley, 261 Milltown Rd. was present and remained under oath. She questioned whether the proposed berm would cause drainage issues to her property. Engineer Strecker confirmed that they do not propose to build a berm but rather provide additional plantings to enhance the berm. Walter Kokola, 194 Crestview Rd. was present and remained under oath. He asked if a vapor barrier can be utilized during construction for the benefit of the neighbors. Engineer Strecker confirmed that the applicant is prepared to take all necessary or required safety measures. There were no further questions from the public. Due to the late hour, the Board agreed to carry the hearing for this matter to February 12, 2008. No further notice will be provided. ---------------------------------------------- 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 10:30 pm. Respectfully submitted, Grace Karanja, Assistant Planning Board Secretary ADOPTED 2/25/08