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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.
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BRIDGEWATER TOWNSHIP PLANNING BOARD
Regular Meeting
Monday, April 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. SALUTE TO FLAG:
5. APPROVAL OF BOARD MINUTES:
April 8, 2008 Regular Meeting minutes
6. MEMORIALIZATION OF RESOLUTIONS:
6a. HABITAT FOR HUMANITY
Block 300 Lot 14 (140 Southside Avenue)
#52-06-PB, Final Major Subdivision (9-lots)
DECISION: Approved with conditions 4/8/08
Eligible to vote: Mr. Rodzinak, Mrs. Joanne Kane, Councilman Scaglione, Mr. Leven, Mayor Flannery, Mrs. Barbara Kane, Chairman Fross
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7. LAND DEVELOPMENT APPLICATIONS:
7a. NORTH BRIDGE CENTER, LLC
Block 509 Lots 3, 4, 6 (North Bridge St. and 6th Ave.)
#04-08-PB, Preliminary Site Plan with Variances
PROPOSAL: Construction of a bank and offices
TIME: 120= 8/6/08
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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. ADJOURNMENT:
BRIDGEWATER TOWNSHIP
PLANNING BOARD
Regular Meeting
Tuesday, April 8, 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 – present Mrs. Joanne Kane - present
Mrs. Knapp – absent Mr. Leven – present
Councilman Scaglione – 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, Grace Karanja, Planning Board Administrative Assistant
APPROVAL OF BOARD MINUTES:
March 24, 2008, Regular Meeting – Motion by Mrs. Joanne Kane, second by Mr. Rodzinak, the March 24, 2008 regular meeting minutes of the Planning Board were adopted, as presented on a unanimous voice vote of those present and eligible to vote.
MEMORIALIZATION OF RESOLUTIONS:
NJ AMERICAN WATER
Block 342 Lot 1 (East Main St & Polhemus Ln.)
#06-08-PB, Minor Site Plan (Backwash Storage Tank)
DECISION: Approved with conditions 3/24/08
Motion by Mrs. Joanne Kane, second by Mr. Hayes, the resolution memorializing the approval with conditions for the above referenced application for a minor site plan to allow the construction of an 846,000-gallon filter backwash storage water tank was adopted as presented on the following roll call vote:
AFFIRMATIVE: Mrs. Joanne Kane, Councilman Scaglione, Mr. Leven, Mr. Hayes
OPPOSED: None
ABSTENTIONS: None
ABSENT: None
NOT ELIGIBLE: Mr. Rodzinak, Mrs. Knapp, Mayor Flannery, Mrs. Barbara Kane, Chairman Fross
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BOARD BUSINESS:
KNIGHTSBRIDGE ESTATES, LLC
Block 400 Lots 5.04 (US ROUTE 22East)
Zoning Amendment request
Francis Linnus, Esq. was present to present his request. The property in question is located in the C-3 Office and Service zone and consists of approximately 217,802 sf (5.26 acres) with frontage on Route 22 east. Knightsbridge appeared before the Zoning Board of Adjustment seeking use variance approval as hotels are not permitted in the C-3 zone, for a one-hundred-three (103) room hotel. On 12/18/07, the Zoning Board denied their request.
Attorney Linnus confirmed that Knightsbridge’s request to the Planning Board is for a favorable recommendation to Township Council to amend the Zoning Ordinance to include high quality type hotels in a portion of the C-3 zone. He argued that a hotel, such as the one they are proposing, is a compatible type use and is substantially consistent with other uses that are permitted in the Zone and therefore believed that they are entitled to a change in use. His argument was that they did not want a strict zoning amendment request or change in the Master Plan, but rather, they hoped that the Planning Board would recommend the beginning of a zoning process to allow them a conditional use for the introduction of a high quality hotel in the C-3 zone.
Attorney Linnus made reference to what happened when they appeared before the Zoning Board and then read from a resolution adopted by the Zoning Board of Adjustment in 2/2008 as follows:
The governing body has made provision for hotels allowing them in the HC Hotel Conference Center Zone. Applicant argues that this zone is located a distance from the C-3 Zone, which creates the need for hotels. This argument would have the Board readjust the zone plan, which is a legislative function and beyond the power of the Board. Applicant also places reliance on statements made by the Township Planner as to why, in her opinion, hotels were not considered for this zone when the master plan was developed. She stated that this use was not overlooked, however, the Planning Board wanted to “assure against the less remarkable hotel/motel-for-a-night lodging for the casual travelers” (Planner’s Report dated June 22, 2007).
and;
Although the applicant presented a well reasoned application, the Board finds that adequate zoning reasons have not been presented to support the granting of the requested variance. If the Board were to allow the proposal it would be performing a legislative function which is beyond its authority.
Attorney Linnus noted that their request was not that hotels be permitted in the Zone but that they be permitted conditionally, which would mean that hotels in this portion of the C-3 zone would not be permitted or prohibited and that the Board would have maximum control over the type of use. He then referenced the report of Knightsbridge’s planner, Michael Tobia, which has some suggested conditional use standards that the Planning Board or Governing body may consider when reviewing the zoning amendment request. Some of the suggested conditional use standards include minimum lot size of 5 acres to deter motels, truck stops and similar lodging facilities, minimum threshold of 80 rooms which can also be a deterrent to motels, a prohibition of outdoor pools and similar facilities to protect the neighbors, a prohibition of public address systems and organized outdoor facilities to also protect the residential neighborhoods, a requirement that conference and meeting facilities not exceed 5,000 square feet to assure that only incidental meeting facilities are provided within a hotel. Architectural and building materials can be established and prohibition or limitation on lighting and the hours of operation can also be employed.
Attorney Linnus made reference to Smart Growth and noted that hotels would contribute to Smart Growth. He added that the hotels would be an excellent ratable for the Township with regard to taxes and COAH, when compared to office uses which are currently permitted in the C-3 zone.
On question from Mayor Flannery, Mr. Linnus confirmed that a zoning amendment is being requested only for the C-3 zone that this site is on. Chairman Fross noted concerns about implementing a conditional use on just one C-3 parcel as this would complicate the Township Land Use Ordinances. Mr. Leven was concerned that the Planning Board does not have the benefit of a hearing, opposition and or the residents that were present at the Board of Adjustment hearings. Mr. Linnus in reiteration to this read from the resolution of the Board of Adjustment which was adopted 3/2008 as follows:
Given the comments in the Planner’s reports, as well as the market study submitted by the applicant, the exclusion of hotels as a permitted or conditional use in this zone may want to be reconsidered
Mr. Linnus argued that the Board of Adjustment felt that the application for a hotel at the site in question was a good use; however, they felt that they cannot grant commercial use variances.
The Board deliberated and agreed that the review to amend a zone should be done when the Master Plan is being re-examined. They also agreed that input from the Economic Development Committee would also be consulted.
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HEARINGS AND DELIBERATIONS:
HABITAT FOR HUMANITY
Block 300 Lot 14 (140 Southside Avenue)
#52-06-PB, Final Major Subdivision (9-lots)
Time: 45=5/9/08
It was confirmed for the record that Scarlett Doyle, PP had recused herself and stepped down from the dais. Michael Ligorano, Esq. was present to represent the applicant. The property in question is located in the R-10, Single-Family Residential zone with frontage on Southside Avenue to the north and bound by the Raritan River to the south. The applicant received preliminary site plan approval on 3/26/07 to subdivide the property in question into 9-building lots with an additional lot for the proposed detention basin, proposed Lot 14.10. A 50-ft right-of-way is proposed with a cul-de-sac of which (8) of the proposed lots will front. One of the proposed lots (Lot 9) will front on Southside Avenue.
Attorney Ligorano confirmed that the applicant has returned to the Board, seeking Final Major Subdivision approval. In addition, he confirmed that the applicant has received the report of the Township Engineer dated 3/31/08 and that they were agreeable to complying with all of his recommendations.
Township Engineer Bogart confirmed that the final plat is consistent with the preliminary plat, and that the final plat meets the requirements of the map filing Law. He recommended approval of the final major subdivision, subject to the applicant complying with the Engineering report and all of the conditions of preliminary approval that have not yet been met.
The Final Major Subdivision application for Habitat for Humanity was approved with the above noted conditions:
Motion by Mayor Flannery, second by Mr. Rodzinak, the above referenced application for a final major subdivision was approved, with conditions, on the following roll call vote:
AFFIRMATIVE: Mr. Rodzinak, Mrs. Joanne Kane, Councilman Scaglione, Mr. Leven, Mayor Flannery, Mrs. Barbara Kane, Chairman Fross
OPPOSED: None
ABSTENTIONS: None
ABSENT: Mrs. Knapp
NOT ELIGIBLE: Mr. Hayes
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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: Extension to 5/13/08
It was confirmed for the record that Township Planner Scarlett Doyle had rejoined the meeting. Meryl Gonchar, Esq. was present to represent the applicant. This is a continuation of a meeting that commenced on 1/28/08 and continued on 2/25/08 and 3/24/08. She invited Robert Strecker, PE who was previously sworn in and remained under oath. He referenced the following previously marked exhibit in his discussion:
A-5 3/24/08 Colored version of site plan, as prepared by Robert L. Streker, PE of Bohler Engineering P.C., dated 6/26/07, last revised 3/11/08
Engineer Strecker discussed the plan revision with regard to buffer, which the applicant has made, in an effort to lessen the impact of the variances being requested.
A 50-ft buffer has been provided adjacent to lots 10 and 11. Engineer Strecker discussed the modifications to the play area, noting that they have manipulated the grading so that trees can be conserved. In addition, the fence has been moved back further and a buffer has been provided of 38.2-ft where 50-ft is required. Previously, a 27-ft buffer was provided. Brick pavers are proposed to be installed as an island to facilitate pedestrians. The variance for a drive aisle width on the west of the building was discussed and it was noted that there would be a reduction of sidewalk width. The setback variance would also be reduced for the under drain fence and sidewalk north of Lot 10. Engineer Strecker also noted that the possibility of providing a 50-ft setback by the Crème de la Crème retaining wall and playground area is being discussed with the architect.
Chairman Fross opened the hearing to the Board for questions. On question of the Board regarding the possibility of getting rid of the water park by the play area in order to provide a better buffer, Matt Hoener, a representative of Crème de la Crème discussed the value of the water park and picnic tent location noting that getting rid of the water park is not negotiable. When asked if they can reconfigure the northern area, the applicant noted that configuring can be difficult because of the location of the flood line and conservation easement.
On question of Township Engineer Bogart, Engineer Strecker testified that a total of four (4) site improvements could be trimmed and the building could be shifted to the west. This would achieve a greater buffer distance. The location of the retaining wall could be adjusted to possibly meet the Ordinance requirement of a 50-ft setback.
On question of Mr. Leven regarding whether the Day Care would be fully conforming if the retail building were to be eliminated. Attorney Gonchar stated that that is not the application that the applicant is offering.
On question regarding DOT concern for flooding, Engineer Strecker stated that a 2-way exit on an ingress only lane would most likely be allowed by New Jersey Department of Transportation.
On question of Board Attorney Collins, Engineer Strecker described the Phase I and Phase II improvements. Phase I would include the demolition of all existing site improvements except the detention basin and construction of everything including parking for both the retail use and day care center, except the building pad for the retail building, which will be constructed at Phase II. He noted that the advantage to this is that all required maintenance issues would be handled at the same time.
There were no further questions from the Board. Chairman Fross opened the hearing to the public for questions.
Cheryl Kinsley, 261 Milltown Rd. was present and remained under oath. She wondered if there are any plans for the applicant to meet the 100-ft setback by the play area by either moving the play equipment further west or eliminating the play area. Engineer Strecker noted that a 100-ft setback was not viable but that the applicant was discussing the possibility of at least providing a 50-ft buffer in this area.
David Kensley, 261 Milltown Rd. was present and remained under oath. He noted that he would prefer a 100-ft buffer by the play area. Engineer Strecker noted that this was not viable because they cannot disturb the flood line and conservation easement.
There were no further questions from the public. Chairman Fross closed the public portion of the meeting. Attorney Gonchar invited her next witness, Gregg Spadoro, PLS who was previously sworn and confirmed that he remained under oath.
Landscape Architect Spadoro discussed the changes that the applicant has made with regard to landscaping including tree removal calculations. The following exhibits were presented and discussed:
A-7 4/8/08 Demolition Plan, last dated 12/12/07
(this plan shows the trees that will be removed under the old application/proposal highlighted in blue. 17 trees to the East and 24 trees on the North were to be removed)
A-8 4/8/08 Demolition Plan, last dated 3/11/08
(this plan shows the trees that will be removed under the new application/proposal highlighted in yellow. 4 trees on the East and 3 trees on the north are to be removed)
Landscape Architect Spadoro discussed the benefit of saving more trees. He also testified that at the intersection of Milltown Rd. and US Route 202 some trees are proposed to be removed and/or trimmed to ensure safe vehicular traffic and sign visibility.
The soil erosion plan was also a topic of discussion. It was noted that tree protection fencing has been modified to coordinate silt fencing contour 10 which would also be the limit of tree protection. It was also noted that the buffer sections on the plans last dated 3/11/08 shows a relationship of buffer at Lot 7. With an 8-ft tall fence, the lower portions of the play structure will be screened. The existing white pines will screen the upper portion of the play area.
Architect Spadoro, confirmed, on question of Planner Doyle that the applicant meets the landscaping requirements of the Ordinance of section 126-191.
Chairman Fross opened the hearing to the public for questions.
David Kensley, 261 Milltown Rd. was present and remained under oath. On question of Mr. Kinsley, Architect Spadoro stated that soil PH tolerant species 5 to 10-ft from the white pines will be viable
There were no further questions from the public. Attorney Gonchar asked the Board to ask questions or offer any comments to this point in the meeting being that the applicant’s architect was not available.
Township Engineer Bogart discussed his meeting with the applicant regarding on and off tract traffic obligations noting that an improvement of less than 3% would be the off-tract obligation. He added that the County has levied $130,000 for its traffic improvement program.
John Harter, Traffic Engineer, previously sworn, remained under oath, concurred with Mr. Bogart indicating that road improvements are not specifically defined at this time. NJDOT does not like fair share contribution and would rather see the improvement.
On question of Board Attorney Collins, Mr. Harter confirmed that the 50-ft section of Milltown Rd. is a Municipal jurisdiction. He indicated that the intersection right turn is a D-level while the left turn is an F-level. Mr. Harter indicated that he projected that 5% of traffic will come from Milltown Rd. and that 40% of clients are from pass-by traffic. Township Engineer Bogart again indicated that 30% off-track improvements would be generated by this applicant.
The Board advised the applicant that they were concerned about the applicant not meeting the setback requirements. With regard to the proposed temporary sign, the Board wondered why the applicant would not install a temporary sign that meets the criteria of a permanent sign. The Board asked the applicant to take measures to protect the adjoining neighbors from the impact of the requested variances.
The hearing for this matter was carried to May 13, 2008 with no further notice required.
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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 9:45 pm.
Respectfully submitted,
Grace Karanja,
Assistant Planning Board Secretary
ADOPTED 4/28/08
