HILLSBOROUGH TOWNSHIP PLANNING BOARD PUBLIC MEETING MINUTES OF November 2, 2006

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1 HILLSBOROUGH TOWNSHIP PLANNING BOARD PUBLIC MEETING MINUTES OF Chairperson Fenwick-Freeman called the Planning Board meeting of to order at 7:30 p.m. announcing that this meeting had been duly advertised according the Chapter 231, Open Public Meetings Act. The meeting took place at the Municipal Building in the courtroom. PLEDGE OF ALLEGIANCE ROLL CALL Ms. Winters-Mineo Present Mr. Delcore Absent Dr. Sireci Present Mr. Conard Present Mr. Stafford-Taylor Present Mr. Drake Present Mr. Cohen Present Mr. Merdinger - Absent Vice Chairman Burchette Present Mayor Suraci Arrived 8:28 pm Chairperson Fenwick-Freeman - Present Also present were Robert Ringelheim, Township Planner, Eric Bernstein, Esq., Board Attorney, William White, Board Engineer, and Lucille Grozinski, C.S.R. ACCEPTANCE OF MINUTES December 8, 2005 A motion to approve the December 8, 2005 meeting minutes was made by Vice-Chairman Burchette, January 5, 2006 Re-organization Meeting A motion to approve the January 5, 2006 Re-organization meeting minutes was made by Ms. Winters- Mineo, seconded by Vice-Chairman Burchette. All eligible members agreed. Motion carries. January 5, 2006 A motion to approve the January 5, 2006 meeting minutes was made by Vice-Chairman Burchette, January 12, 2006 A motion to approve the January 12, 2006 meeting minutes was made by Mr. Conard, seconded by Mr. Stafford-Taylor. All eligible members agreed. Motion carries. October 12, 2006 A motion to approve the October 12, 2006 meeting minutes was made by Vice Chairman Burchette, October 26, 2006 A motion to approve the October 26, 2006 meeting minutes as amended was made by Mr. Stafford- Taylor, ACCEPTANCE OF RESOLUTIONS Hillsborough Estates File #05-PB-13-MJP, Block 199, Lot 19, Hamilton Road Preliminary Major Subdivision A motion to approve the resolution of Hillsborough Estates for Preliminary Major Subdivision with conditions was made by Vice-Chairman Burchette, seconded by Mr. Conard. Roll call: Mr. Conard yes; Mr. Stafford-Taylor yes; Mr. Drake yes; Mr. Cohen yes; Vice- Chairman Burchette yes; Chairperson Fenwick-Freeman yes. Motion carries.

2 Pleasant View Estates Phase 3 Amended File #06-PB-10-MJF, Block 180A, Lots 3 & 4, Mountain View Road and Pleasant View Road Amended Final Major Subdivision A motion to approve the resolution of Pleasant View Estates Phase 3 for Amended Final Major Subdivision with conditions was made by Dr. Sireci, seconded by Mr. Conard. Roll call: Mr. Conard yes; Dr. Sireci yes. Motion carries. PLANNING BOARD BUSINESS Chairperson Fenwick-Freeman made an announcement regarding the Sustainability Public Workshops being held by Hillsborough Township, Stony Brook-Millstone Watershed Association and the NJ Sustainable State Institute on November 30 th. Mr. Drake added there is a website available for more information SPECIAL COMMITTEE REPORTS BUSINESS FROM THE FLOOR CONSIDERATION OF ORDINANCES PUBLIC HEARING SUBDIVISIONS/SITE PLANS VILLAGE SUPERMARKETS, INC. File #06-PB-11-SR Block 200A, Lot 1 Route 206 & Amwell Rd. Amended Final Major Site Plan w/waivers Open to Public. Michelle Tullio, Attorney for the applicant, appeared and briefly explained the application. Seeking to add 33 parking spaces to rear of the Shop Rite designated for employee parking only. Designating a display area in front of Shop Rite for seasonal merchandise. One variance for impervious coverage. Technical design waivers for width of parking isles and stalls. Mr. Conard has recused himself from the application. Robert Heibell, Van Cleef Engineering Associates, Engineer for applicant, was sworn and his qualifications were accepted by the Board. Exhibits Introduced: A-1 Outdoor retail sales plan, sheet #5 A-2 Parking expansion, landscape and lighting plan, sheet #3 Shopping Center does not have enough parking, especially on holiday weekends. Proposing to add 33 spaces to rear of Shop Rite - area is currently grass. Five spaces along driveway going from Nelson s Corner to Amwell Commons, additional 28 spaces in rear for employees. 2

3 This adds ¼ acre of impervious surface. In 1982 the Planning Board approved the application without a variance for impervious surface. Asking for variance to exceed allowable 45%. Did complete engineering analysis of plans, provided lighting, landscaping, and tree survey all included in plans and submitted to the Board. Will agree to all items in Mr. White s November 1, 2006 report. Application was amended after initial submission and after speaking with Jeffrey Perlman, Zoning Officer, regarding seasonal sales in front of Shop Rite. Have been using the sidewalk in front of Shop Rite for seasonal merchandise for some time now. Never asked for approval in 1980 s. Mr. Ringelheim suggested the applicant not be able to place merchandise within 5 feet of the curb or 10 feet of any doorway. Applicant will agree to. Will have approximately 5,000 sq. ft. of use. Requesting waiver for isle width isles are 25 feet wide (required width in 1982) width was increased to 30 feet. Asking for design waiver to keep the 25 feet width. Requesting waiver for 18 parking spaces in areas abutting lawn 20 required. Application was submitted to Soil Conservation unconditional approval. Application was submitted to Somerset County Planning Board received approval 7/18/06. They noted that the shopping center is not in compliance with ADA requirements regarding handicap parking. Have notified owner of shopping center. Application was submitted to the D&R Canal Commission received report dated 6/26/06. Asked for revisions. Resubmitted. D&R asked for copy of the Planning Board resolution of approval. Will submit to D&R after receiving approval from the Planning Board. Discussion with Environmental Commission regarding the waterway between Nelson s Shopping Center and Amwell Commons. Not a qualified stream. Don t need a stream encroachment application nor is there any 100 D&R stream corridor buffer. Asked if area was wetlands. EcolSciences said it is a State Open Water with a 25 setback. NJDEP looked at same stream for Amwell Commons and qualified it as a State Open Water also. There are no improvements within the 25 setback. Mr. White asked applicant to provide a conservation easement within that area. Applicant agrees. Chairperson Fenwick-Freeman asked that the lighting for the new parking be the same as what is existing in the front of the stores. Mr. Heibell said the applicant would not have a problem with that subject to Mr. White s approval. Mr. Stafford-Taylor wanted to know what the criteria would be for the waterway to be under the stream encroachment. Mr. Heibell stated it is qualified by the drainage area. Ms. Winters-Mineo stated when Amwell Commons was approved at the Board of Adjustment there was a condition put in to remove the left hand turn onto Amwell Road out of Nelson s Shopping Center and route that traffic through Amwell Commons to the traffic light. This was never done. The Board agreed they should pursue this by going to the Police Dept. and Somerset County. Mr. Ringelheim was concerned with truck traffic going through parking area in rear. Need clearly signed parking as employee only. Also need a painted crosswalk on side where parking parallels sidewalk on the side of the building. Mr. Heibell said applicant will agree to this. Dumpster pads will also be installed. Mr. Ringelheim stated the display areas in the front of the store should be marked on the sidewalk so there is no question. Mr. Heibell said the applicant will agree. There are no proposed changes to the building. 3

4 Mr. Ferrara, Store Manager for Shop Rite, was sworn and gave the following testimony. Having parking spaces behind the store would give the employees a much needed place to park and where they could enter the back of the store. Will put up signs for employee parking only. Display area will be used almost all year round. Mr. Drake and Chairperson Fenwick-Freeman were concerned that merchandise would end up outside the designated areas. The areas need to be clearly marked on the sidewalk. Mr. Ferrara stated soliciting is no longer allowed in front of the store. Mayor Suraci arrived at 8:28 pm. There was discussion about the legal rights of Shop Rite displaying merchandise on the sidewalk since they don t own it. Ms. Tullio stated that the owner did give permission for the applicant to go before the Board concerning this matter. Mr. Drake was concerned about merchandise being displayed all year long and the kinds of merchandise. Ms. Winters-Mineo stated that Lowe s had the same application and they were approved. They display merchandise in front of their store all year round. Mr. Cohen was concerned about the appearance of merchandise and employees hanging around in front of store. Mr. Ferrara said he is aware that sometimes it looks messy and he will keep a closer eye on it. Ms. Winters-Mineo would like the applicant to install a bike rack. The applicant agreed. Mr. Stafford-Taylor asked what the store hours are and if the merchandise stays out all night. Mr. Ferrara stated the hours were 7:00 am to Midnight, Saturday to 11:00 pm and Sunday to 9:00 pm. The merchandise stays out all night. They have people working at night and there are cameras outside. Mr. Cohen agrees with not having soliciting right at the doors, but thought it might be better if he would allow it further down toward the north end of the store where the sidewalk is very wide. Mr. Ferrara would be willing to do that. Ms. Winters-Mineo suggested setting up the displays with isles to reach items toward the back. Mr. Ferrara agreed their displays need to be set up better. Would like it if someone could come out to help mark boundaries. Public Comments: Close to Public. Mr. Bernstein stated if the Board wants to memorialize the practice of sidewalk displays that have been going on for awhile, either Mr. Ringelheim or Mr. Perlman need to mark the areas and indicate on the site plans the designated areas. The other issue regarding merchandise spreading should be condition in resolution indicating there should be no other display in front of building and for this tenant only. Can put condition in regarding displays not be in violation of public health or safety. 4

5 Mr. Bernstein needs conformance by the applicant that the coverage variance that they are seeking to memorialize the area in question runs with the tenant and not with the land. If a new tenant moves in they will have to come before the Board to display merchandise on sidewalk. This will be included in the resolution. A motion to approve Village Supermarkets, Inc. for Amended Final Major Site Plan with waivers with all conditions set forth in record was made by Mr. Stafford-Taylor, seconded by Ms. Winters-Mineo. Roll call: Ms. Winters-Mineo yes; Dr. Sireci yes; Mr. Stafford-Taylor yes; Mr. Drake yes; Mr. Cohen yes; Vice-Chairman Burchette yes; Chairperson Fenwick-Freeman yes. Motion carries. Chairperson Fenwick-Freeman suggested the Board draft a resolution or letter to the Township Committee asking that a traffic investigation be done regarding the left turn onto Amwell Road out of Nelson s Corner Shopping Center. Dr. Sireci suggested the Board recommend the Township Committee have the Police Department make a finding on the public safety of the left turn lane and say that it is in our opinion it is a dangerous left turn. Mr. Stafford-Taylor wants to make sure the Township Committee knows the Planning Board feels it is necessary to eliminate the turn because of the danger. A motion to recommend to the Township Committee the Police Department prepare a finding regarding public safety for elimination of the left turn from Shop Rite onto Amwell Road was made by Dr. Sireci, seconded by Mr. Stafford-Taylor. Roll call: Ms. Winters-Mineo yes; Dr. Sireci yes; Mr. Stafford-Taylor yes; Mr. Drake yes; Mr. Cohen yes; Vice-Chairman Burchette yes; Mayor Suraci yes; Chairperson Fenwick-Freeman yes. Motion carries. Mr. Bernstein also suggested he will draft the resolution pursuant to the transcript. Because the Board is not meeting for a month, authorize Mr. Ringelheim to send Mr. Davis a letter indicating that is the feeling of the Planning Board and ask if the committee would post haste consider such subsequent to the receipt of a formal memorialized resolution. The Board agreed. CORRESPONDENCE ADJOURNMENT The meeting adjourned at 8:55 p.m. Submitted by, April Crossen Planning Board Clerk 5

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