HILLSBOROUGH TOWNSHIP PLANNING BOARD PUBLIC HEARING MEETING MINUTES OF Chairman Van Nest called the Planning Board meeting of October 9, 2003 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. ROLL CALL Mr. Jensen - Present Ms. Chaucer-Levine Absent Dr. Sireci Arrived 7:35 p.m. Mr. Taylor Arrived 7:50 p.m. Mayor Gwiazdowski Absent Ms. Winters Mineo Alt. #2 Present Mr. Pugh Present Secretary Merdinger Absent Vice Chairman Freeman Present Chairman Van Nest - Present Also present were Mark McCloskey, Assistant Township Planner, Eric Bernstein, Board Attorney, Mark Zelina, Board Engineer and Lucille Grozinski, C.S.R. ACCEPTANCE OF MINUTES ACCEPTANCE OF RESOLUTIONS PLANNING BOARD BUSINESS Chairman Van Nest recommended that the Planning Board business meeting of October 23, 2003 be canceled due to the fact that there are no agenda items at this time. A motion to cancel the October 23, 2003 Planning Board business meeting was made by Mr. Jensen, seconded by Ms. Winters-Mineo. All members agreed, motion carries. Dr. Sireci arrived at this time. Chairman Van Nest made reference to a memorandum from Chief Robert Gazaway dated September 24, 2003 regarding radio signal enhancement requirements. Chief Gazaway is asking the Planning Board to consider requirements for developers to test for radio signals before a CO is issued to ensure that adequate radio communications are available for police radios and for the developer to bear the cost of any required equipment. A motion to send this request to the Township Committee for consideration with input from the Township Planner and attorney was made by Mr. Jensen, seconded by Ms. Fenwick Freeman. All members agreed with the exception of a no vote from Mr. Pugh. Motion carries. SPECIAL COMMITTEE REPORTS BUSINESS FROM THE FLOOR CONSIDERATION OF ORDINANCES
PUBLIC HEARING SUBDIVISIONS/SITE PLANS East Hill Partnership File #02-PB-15-MJ Block 150, Lots 12D & 12E Preliminary Major Subdivision Geoffrey Soriano, Attorney for the Applicant, explained that he understood that a proposed resolution for preliminary approval was being prepared for this meeting based on testimony and incorporating his comments noted in his letter of September 27, 2003 to Attorney Bernstein. Attorney Bernstein stated that he reviewed Mr. Soriano s letter of September 27, 2003. He noted that he just received a memo from the Historic Preservation Commission for this application with stipulations. Attorney Bernstein concluded that he thought the Board could look at the stipulations set forth in Mr. Soriano s letter and the Historic Preservation letter and advise if there are any other issues that need to be addressed. He will then draft a resolution based on the Board s comments. Mr. Soriano stated that based on information given to them at the last meeting, they were prepared to attend the Environmental Commission meeting on September 29th. The Planning Office advised them that the Environmental Commission s scheduled meeting was September 22 nd and not September 29 th. They were unable to have representatives available for the 22 nd meeting. Based on the letter from Mr. Ringelheim of September 24, 2003 and the Environmental Commission report dated September 9, 2003 regarding their review, he felt that another attendance at the Environmental Commission meeting was not required. Mr. Taylor arrived at this time. Referring to the Historic Preservation Commission report, Mr. Soriano stated that the Applicant has no intention of preserving the dwelling on the property. Mr. Pugh quoted the ordinance regarding disposition of historic properties, Section 77-98. He felt that the Applicant should honor the request of the Commission to have an inventory completed so that the dwelling can be properly assessed. Mr. Soriano stated that he understood that for a structure of this nature, if not inventoried by the State on the State s Historic Registry, that the municipality does not have the power to require that the structure be preserved. Attorney Bernstein referred to a letter from Mr. Ringelheim dated July 31, 2003 to the Historic Preservation Commission detailing his site walk. In his letter he states, The current owners of the subject property are T.J. and Erma Ragsdale and the property contains 21.22 acres. A total of 16 new family building lots and 3 open space lots are contained in the subdivision proposal that is currently under consideration by the Planning Board. A copy of the Hillsborough Historic Sites Inventory No. 29 for the subject property reveals no historic details and the excerpt from the Historic Sites lists contained in the 2001 Hillsborough Historic Preservation Plan Element list the subject property as a vernacular residence not eligible for the National Register. The Township s Tax Assessor s records indicate that the subject dwelling was built in 1942 as a two story residence with a stone foundation. Silo B listed on the Tax Assessor s records has been crossed out. Ms. Fenwick Freeman felt that this was not an accurate dating of the house and that it is possible that an addition was added in 1942. She felt that an expert opinion was needed. 2
Mr. Soriano stated that the Applicant would not object to a condition of approval that an historic survey be conducted. Chairman Van Nest stated that as condition of preliminary approval and before final approval, that the Applicant agree to a more detailed historic assessment of the dwelling and pending the results of that assessment, further discussion and further actions on the dwelling may well be taken. Chairman Van Nest stated that the Applicant should return to the Environmental Commission for further clarification of the unsigned report and that another report be issued prior to the next hearing on this application. Attorney Bernstein stated that a condition of preliminary approval should state that the Applicant would be bound by the findings of the Environmental Commission or the Planning Board s interpretation thereof. Mr. Zelina stated that the Board has not made a determination as to whether they desire for a full interconnection between Wyckoff Way and the proposed development or if an emergency access would be acceptable. After discussion, it was the consensus of the Board that the connection be made to Wyckoff way. A motion to require the Applicant to change the plans to reflect the extension of Wyckoff Way was made by Dr. Sireci, seconded by Mr. Taylor. Roll call: Mr. Jensen no Ms. Winters-Mineo (2) abstain Mr. Taylor yes Mr. Pugh yes Dr. Sireci yes Ms. Fenwick Freeman yes Chairman Van Nest yes Attorney Bernstein stated that it was his understanding that the Board is prepared to accept the five conditions set forth in Mr. Soriano s letter of September 27, 2003 with the following additional conditions: 1. Wyckoff Way shall be extended to show a connection with the proposed development. 2. The Applicant will appear before the Environmental Commission as soon as feasibly possible and be bound by the decision of the Commission or the Planning Board s interpretation thereof. 3. Between preliminary and final approval, there will be a more detailed assessment as to the Historic Preservation issues of the house and any actions that need to be taken will be done between preliminary and final approval. 4. Any other items found in the transcript are applicable and will be incorporated into the resolution. A motion to instruct the Planning Board attorney, Mr. Bernstein, to prepare a resolution based on the above was made by Dr. Sireci, seconded by Ms. Winters-Mineo. 3
Roll call: Mr. Jensen no Ms. Winters-Mineo (2) yes Mr. Taylor yes Mr. Pugh no Dr. Sireci yes Ms. Fenwick Freeman yes Chairman Van Nest yes The Applicant will return to the November 6, 2003 public hearing of the Planning Board with no further notice required. Landscape Materials File #03-PB-19-SR Block 143, Lots 11 & 12 Preliminary and Final Major Site Plan with Minor Subdivision for Lot Line Adjustment Vincent Bisogno, Attorney for the Applicant, Doug Urbano, President of Landscape Materials, and George Folk, P.E. appeared and were sworn. Testimony of Mr. Bisogno Applicant is requesting preliminary and final site plan approval for a flex warehouse and for a lot line adjustment. Property located in the I-2 zone. Lot 11 consists of 24 acres and contains the present Landscape Materials business. Landscape Materials is a wholesale distributor of landscaping materials. Proposal is to reconfigure lots 11 and 12. Minor subdivision to adjust lot lines bringing Lot 11 to 37 acres and Lot 12 to 5.77 acres Flex warehouse for lot 12 which is proposed to be 54,600 sq. ft. Variance requested for lot width for lot 11 for 208 ft. where 300 ft. is required. This is a preexisting condition. Exhibits Introduced: A-1 Subdivision Plan A-2 Site Plan with proposed building A motion to open public was made by Ms. Fenwick Freeman, seconded by Dr. Sireci. All members agreed. Motion carries. Testimony of Mr. Urbano Summarized Landscape Materials operations which has been in operation for approximately 6 years. Lot 11 consists of 8,000 sq. ft. office and warehouse building. LOI received for wetlands Property to the north consists of industrial facilities, an abandoned railroad bed and to the east is the Duke Farms property and to the south are two residential dwellings. No residential zones surround property, however there are adjoining residences in industrial zone 4
Described uses and design of proposed building which could be divided into of warehouse and office space according to the needs of tenants. No loading zone proposed Trash enclosure would be fenced Proposed lighting in compliance with ordinance. Public water and sewer proposed Proposed sign in compliance with ordinance. Individual signs for building tenants. Paved area for 93 parking spaces 33 will be used and the rest will be banked Perspective tenants landscaping conractors Building will be split faced block with pre-engineered building Board Comments: Concern over floor drainage, discharge of fuels, chemicals, etc. Restrictions for tenants for hazardous materials. Mr. Urbano reported that the lease will state that tenant must comply with all ISRA regulations which provides that when a tenant vacates the property, the tenant must get permission from DEP to vacate. This could be stated as a condition of approval. Revise plan to accurately show tree preservation Use of lot 12 for storage of landscaping materials. Mr. Urbano responded that there were no plans for this at this time Address traffic impact Planning Comments: Restrictions for tenants will be evaluated during zoning and building permit process. Public Comment: John Nekrasovas, owner of adjoining lot 13, had concerns regarding tree removal on lot 12 and buffering and drainage to his property Bob Nekrasovas asked for clarification on flex warehousing and traffic impact. Applicant explained possible uses for the warehouse. Testimony of George Folk Prepared site plan and discussed features of site LOI received for wetlands 30 ft. buffer to neighboring properties Roof drainage collected and piped to detention basin Detention basin to be vegetated Tree plan in compliance with ordinance plan will be revised based on Board comment Shielded lighting in compliance with ordinance Light poles to be 15 high along curb line facing the building No loading spaces for tenants No outdoor storage of materials 5
Minimal traffic impact due to nature of business All comments of Board Engineer in his October 6, 2003 will be addressed with the exception of page 3, item 2 under Landscaping. Plantings will be in accordance with the request of Somerset County. All comments from Township Planner in his report of September 25, 2003 will be addressed with the exception of the request for grass pavers for emergency access. This would not fit into the scope of the project. Building on grade Board Comment: Fencing along property line Future plans for site Move lot line between the two buildings further to the north to bring lot 12 more into compliance for lot width. This would allow further buffering for residential properties. Mr. Folk responded that he did not want to encroach into the fire access or drainage swale of the existing business. Question of water supply for flex warehouse. Applicant replied that there will be a water line connection to Elizabethtown Water Co. Suggest security lighting and reduction of number of light poles Need report from Environmental Commission Engineering Comment: Plans for buffering along property line indicate 20 ft. where 30 ft. was the testimony Height of berm between driveway and property line? Mr. Folk stated that it was 4 ft. Plans indicate building not on grade. Mr. Folk discussed grading as depicted on plan and compliance with ordinance. Additional Testimony of Mr. Folk: After looking at plan, there is a possibility of moving property line 10 ft. to the north, along with moving the building 10 ft. as well. Chairman Van Nest suggested a field inspection with the Board Engineer to determine best solution. Will investigate reduced lighting as per Board comments Public Comment Bob Nekrasavos had concerns about the proposed warehouse and drainage Charles Macaluso, owner of Roycefield Kennels, had questions on drainage basins and lighting. Board discussed security lighting. Mr. Folk explained lighting plan Baseline test on pond water. Mr. Taylor suggested Applicant return to the Environmental Commission and at that time, the water test can be addressed. Chairman Van Nest made the following suggestions as conditions of approval: Limit hours of operation suggest 6 a.m. to 10 p.m. Applicant suggested 5 a.m. to 9 p.m. Submit copies of leases to the Township before execution. 6
Chairman Van Nest stated that the following items need to be addressed: Applicant to return to the Environmental Commission Site walk with Board Engineer regarding relocating lot line and drainage A motion to carry the application of Landscape Materials, File #03-PB-19-SR, to December 11, 2003, without further notice was made by Dr. Sireci, seconded by Ms. Fenwick Freeman. All members agreed. Motion carries. ADJOURNMENT A motion to adjourn was made by Bill Pugh, seconded by Dr. Sireci. All members agreed. Motion carries. The meeting adjourned at 10:50 p.m. Submitted by, Darlene Reed Planning Board Clerk 7