HILLSBOROUGH TOWNSHIP PLANNING BOARD PUBLIC MEETING MINUTES OF APRIL 1, 2004

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1 HILLSBOROUGH TOWNSHIP PLANNING BOARD PUBLIC MEETING MINUTES OF Chairperson Fenwick-Freeman called the Planning Board meeting of April 1, 2004 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 Mr. Pugh Present Ms. Chaucer-Levine Arrived 7:40 pm Ms. Winters-Mineo Present Mr. Stafford-Taylor Arrived 7:35 pm Mr. Conard Alt. #1 Present Mr. Suraci Present Ms. DeMilia Alt. #2 - Present Secretary Merdinger Present Vice Chairman Burchette Present Mayor Sireci Present Chairperson Fenwick-Freeman - Present Also present were Robert Ringelheim, Township Planner, Eric Bernstein, Esq. Board Attorney and Lucille Grozinski, C.S.R. ACCEPTANCE OF MINUTES ACCEPTANCE OF RESOLUTIONS Beckwith Amended Preliminary and Final Site Plan File #03-PB-32-MSR Block 163C, Lot 6 A motion to approve the resolution of John D. Beckwith, File #03-PB-32-MSR, as written, for amended preliminary and final site plan was made by Mr. Merdinger, seconded by Ms. Winters-Mineo. Roll call: Mr. Pugh yes; Ms. Winters-Mineo yes; Mr. Merdinger yes; Mr. Suraci yes; Mr. Burchette yes; Mayor Sireci yes; Chairperson Fenwick-Freeman yes. Motion carries. Gateway at Sunnymeade GDP PEC Builders and SKP Lands, Inc. File #03-PB-12-GDP Block 140, Lot 1 and Block 141, Lots 2.01, 7.01 and A motion to approve the resolution for Gateway at Sunnymeade General Development Plan, File #03-PB- 12-GDP, as amended, was made by Mr. Merdinger, seconded by Ms. Winters-Mineo. Amendment: Condition #17 Change to: The Applicant will comply with any applicable new NJDEP regulations that are effective prior to final approval. Roll call: Ms. Winters-Mineo yes; Mr. Stafford-Taylor yes; Mr. Conard (1) yes; Mr. Suraci yes; Mr. Merdinger yes; Mayor Sireci yes; Chairperson Fenwick-Freeman yes. Motion carries. PLANNING BOARD BUSINESS SPECIAL COMMITTEE REPORTS

2 BUSINESS FROM THE FLOOR CONSIDERATION OF ORDINANCES PUBLIC HEARING SUBDIVISIONS/SITE PLANS Bibeau Block 165, Lot Wertsville Road Attorney Thomas Miller, Somerset County Counsel, representing the Bibeau application appeared. Also present were Robert Heibell, P.E. of Van Cleef Engineering who prepared the plans for the preliminary and final subdivision of the Bibeau property, Tom Boccino, a representative of the Somerset County Parks Commission, and Lisa Thompson, an interested party. Mr. Miller explained that the Bibeau property consists of 30 acres on Wertsville Road. The Planning Board approved a preliminary and final subdivision for the property in The County of Somerset has entered into a contract with the Bibeaus to purchase the entire property. The property was on the verge of being sold to a developer; however, the Bibeaus agreed to sell the property to the County on the condition that the property close by April 16, The County will purchase the property with open space and farmland preservation trust funds. Since entering into the contract agreement, Lisa Thompson, a resident of Hillsborough, who owns property in the vicinity of the subject property, has expressed an interest in purchasing one of the approved subdivision lots comprising approximately five acres and containing most of the existing structures. The Board had expressed an interest in preserving some of these structures at the time of the subdivision application. Ms. Thompson would preserve those structures if allowed to purchase this portion of the property. The County does not have the funds for this preservation and most likely would demolish the structures. The proposal is for Ms. Thompson to purchase the five acre parcel with the existing dwellings and the County would purchase the remainder of the property. In order to accomplish this, the County is proposing that, since final subdivision has already been granted, the legal impediment is that a separate lot needs to be created in order to convey the lot to Ms. Thompson. This conveyance needs to come directly from the Bibeaus to Ms. Thompson for the 5 acre parcel and from the Bibeaus to the County for the remaining piece. If the County takes title for the entire tract it would be restricted in perpetuity for open space purposes. The proposal at this time is to phase the final subdivision approved by the Board. The first phase would create the 5 acre parcel for conveyance to Ms. Thompson and the second phase would consist of the remainder of the tract to be purchased by the County. The County would not pursue phase two since they do not need to create separate lots. This remaining parcel would remain as one lot restricted in perpetuity for open space purposes. Mr. Heibell explained the proposal stating that a 5.03 acre lot would be created from the plat for the preliminary and final approved subdivision and the map would be filed with the County Clerk. This would result in two lots for the subdivision, one consisting of 5.03 acres to be purchased by Ms. Thompson and one for the remainder of the land to be purchased by Somerset County as open space. 2

3 Mayor Sireci asked the Board attorney how the Board should proceed. Attorney Bernstein explained that the Board granted final subdivision approval last year for the 5 lot subdivision. The County is now proposing to take off one of the five lots and merge the remaining four lots back into one lot. He suggested that the County return to the Board at the April 15 th meeting with a formal application. This would allow time for proper notice. Mr. Pugh questioned the zoning in place in the AG zone. Mr. Heibell explained that at the time of subdivision approval, the lots as shown on the plan complied with zoning. Mr. Pugh stated that the 5.03 acre parcel is not in compliance with the approved zoning and perhaps that lot should be 10 acres. Mayor Sireci pointed out that this proposal is a benefit to the Township since the historic structures will be preserved and open space will be created. A motion to open the public portion was made by Mr. Merdinger, seconded by Mr. Burchette. All members agreed. Motion carries. Public Comment Lisa Thompson of Montgomery Road stated that for the past twenty years she has been restoring historic homes and is looking forward to restoring the farmstead on this property. Chairperson Fenwick-Freeman questioned the disposition of the cemetery at the rear of the property. Mr. Boccino of the Somerset County Parks Commission stated that the Parks Commission incorporates cemeteries on their property into programs run by the park rangers. David Rock of Montgomery Road was supportive of the preservation of this property. Mr. Jensen of Amwell Road stated that the cemetery mentioned above is not part of the property and during the Planning Board hearings it was determined that the owner of the property was unknown. Mr. Jensen was concerned that a non conforming lot would be created and questioned the legality of this proposal. Attorney Bernstein stated that the contract purchaser is allowed to make the request to amend the final subdivision. A motion to close public was made by Mr. Merdinger, seconded by Mr. Burchette. All members agreed. Motion carries. Attorney Bernstein stated that if the Board was in agreement with the concept as proposed, that this item should be placed on the agenda for April 15, 2004 meeting for Board action. All members of the Board are eligible to vote on the application. A motion in favor of the concept plan, as proposed, was made by Mr. Merdinger, seconded by Mr. Conard (1). Roll call: Mr. Pugh no; Ms. Chaucer-Levine yes; Ms. Winters-Mineo yes; Mr. Conard (1) yes; Mr. Stafford-Taylor yes; Mr. Suraci yes; Ms. DeMilia (2) yes; Mr. Merdinger yes; Mr. Burchette yes; Mayor Sireci yes; Chairperson Fenwick-Freeman yes. County of Somerset/Kanach File #04-PB-4-MR Block 164, Lots 7 & 9 Minor Subdivision Thomas Miller, Somerset County Counsel, representing Somerset County and Thomas Boccino, a representative of the Somerset County Parks Commission, appeared. 3

4 Mr. Miller explained that this is an application for what was known as the Kanach Farm consisting of approximately 380 acres of open space farmland located in the westerly section of the Township on Amwell Road and Rainbow Hill Road. The property was purchased by the County (80%) and the Township (20%) several years ago. As part of the original agreement with the Township, the intent has been to restrict the property so that it would be in agricultural use in perpetuity, to enter into the State Farmland Preservation Program and to preserve a greenway along the Neshanic River which is part of the 1996 Hillsborough Township Greenway Plan. The County has received funds from the State for the farmland preservation. The purpose of this application is to subdivide off a strip along the southerly portion of the property along the Neshanic River so that it can be maintained as part of the greenway and not be considered as part of the farm property which will eventually be sold at a public auction, subject to the farmland restrictions. Mr. Thomas Boccino described to the Board the County Greenway Plan, Hillsborough Township Greenway Plan and how the property relates to the plans. He pointed out that this property is an important component of the Greenway Plan. Mr. Pugh asked if the County would consider merging lots 9.02 and 7.03 to create a conforming lot. Mr. Miller stated that this could be done. A motion to open public was made by Mr. Merdinger, seconded by Mr. Burchette. All members agreed. Motion carries. Public Comment: Brad Benson was concerned about the location of his home in relation to the property, the security of his family and flooding on the property. Helen Haines, Chairperson of the Hillsborough Township Open Space Committee, referenced two open space maps, one from 2003 and one from 1996, showing the proposed greenway. She stated that this property has been part of the master plan and the official greenway since Steve Sokolowski of Amwell Road had questions on access, parking and any other facilities that would be on the property. Mr. Boccino stated that this initiative is a long term project and the County does not foresee any improvements in the near future. Mr. Miller stated that no parking facilities would be constructed on the property. Mayor Sireci stated that when the greenway is completed, there could be places where roads cross the properties and that this greenway has been on the Township Master Plan since John Kanach of Rainbow Hill Road asked if public access would start immediately upon approval of the plan. Mr. Boccino stated that the intent is not to have access immediately following the acquisition. A plan needs to be in place before public access is developed. Mr. Kanach had concerns regarding security. A motion to close public was made by Mr. Conard (1), seconded by Mr. Burchette. All members agreed. Motion carries. Board Comment Mr. Pugh asked if the Applicant would have to return to the Board in order to construct a parking facility on the property. Mr. Miller stated that they would have to return to the Board; however, no parking is anticipated on the property. 4

5 In response to public comment, Mr. Miller stated that he has not talked to any Board member since his last appearance before the Board regarding this application and there have been no threats by the County that there will be no open space purchased in Hillsborough. There has been more open space purchased in Hillsborough Township than in any of the other 20 municipalities. Mr. Ringelheim stated that there is a variance for lot width that still remains for this property. Mr. Merdinger stated that open space acquisition is difficult and that public privacy should be respected; however, the greenway plan has been in place since the 1970 s. Mr. Conard stated that this has been on the Master Plan for a number of years but he had concerns about access to the river for this property for irrigation. Mr. Miller stated that they intend to provide for easements and will look to the Agricultural Committee for input. The Board requested that language be incorporated into the resolution to insure that irrigation is available to the farmer of this property. A motion to approve the application of the County of Somerset/Kanach, File #04-PB-4-MR, for a minor subdivision with the conditions listed was made by Mr. Stafford-Taylor, seconded by Mr. Burchette. Conditions Merger of lots 7.03 and 9.02 Language relative to easements for irrigation rights for agricultural water use Variance for lot width Compliance with reports of Mr. Ringelheim and Mr. Zelina with the exception of the variance request for lot area since the lots will be merged Roll call: Mr. Pugh yes; Ms. Chaucer-Levine yes; Ms. Winters-Mineo yes; Mr. Stafford-Taylor yes; Mr. Suraci- yes; Mr. Merdinger yes; Mr. Burchette yes; Mayor Sireci yes; Chairperson Fenwick-Freeman yes. Motion carries Fraser File #03-PB-31-SR Block 58, Lot 67 Preliminary and Final Major Site Plan Alan Wohl, Attorney representing the Applicants, appeared. Mr. Robert Heilbell, P. E. and Mr. Fraser, Applicant, were also present and were sworn. A motion to open public was made by Ms. Chaucer-Levine, seconded by Mr. Merdinger. All members agreed. Motion carries. Testimony of Mr. Heibell The Applicant is not here tonight seeking approval from the Board. This application appeared before the Environmental Commission and there has been, to date, no environmental impact statement (EIS) prepared on the plan as it exists today. Since this was a requirement of the Environmental Commission, the Applicant has engaged the services of a consultant to prepare an EIS. It is anticipated that the EIS will be completed in approximately one month and the application will then appear before the Environmental Commission the latter part of May. 5

6 Therefore, the Applicant will need a continuation in order to return to the Planning Board after the meeting with the Environmental Commission. Mr. Heibell stated that, in addition, the Township engineer has requested that a traffic impact report be completed for the 2004 plan. The Applicant will comply with this request. Mr. Fraser has owned the property for approximately 18 years and between 1986 and 1988, Mr. Heibell represented Mr. Fraser with an application before the Planning Board. Approval was granted for a 25,000 sq. ft. industrial building; however, it was not built. Mr. Fraser s intent was to house his business, FrasAir, on the property with a possibility of two other tenants in the building. Since 1988, the Courtland development was built behind the property. In 1994, Mr. Fraser asked Mr. Heibell to prepare another plan for a smaller building. At that time, the Applicant applied for a revised preliminary and final site plan. At this time, the Courtland development had not been built. Approval was granted for an 18,000+ sq. ft. building,. Required agency and public sewer and water approvals were also granted. Present plans submitted are the same as approved in In 1995 Mr. Fraser started construction by grading the property, placing fill in accordance with all permits, stream encroachment permits, Army Corps of Engineer permits but then he stopped. At present, all prior approvals have expired. Amy Greene Environmental Consultants have been hired to address environmental requirements. Wetlands have been designated by NJDEP, as shown on the plan. There is a waiver for any buffers that was granted by NJDEP and will be made part of the EIS. Difference between the present application and the two previous approvals is that in securing NJDEP approval within the last year, the Applicant needs to abide by the new stormwater regulations that have been adopted. NJDEP permit was granted based on the stipulation that the plan be modified, an on-site stormwater detention basin be constructed in accordance with the new water quality regulations and, if and when this Board approves this application, the Applicant will return to NJDEP for two general permits. Recommendation of the Environmental Commission was to prepare an EIS and return to the Environmental Commission before going to the Planning Board. Mr. Heibell stated that the Applicant is present tonight to address public comment. Mr. Heibell stated that he would like to hear the public comment and try to implement them into the revisions to the plan, if possible. Mr. Heibell stated that by ordinance, there are a minimum number of parking spaces for an industrial building. In this application, it is site specific. Mr. Fraser currently has a business which has some 40 to 45 vehicles and the proposal is for 51 parking spaces. Testimony of Mr. Fraser Mr. Fraser stated that he did not construct the building in 1986 due to financial reasons and in 1995 the business was sold to the Lennox Corporation and he did not need the building. His present site is in Manville which is not large enough for the 50 employees and 40 to 50 trucks used. The proposed site would be leased to Lennox Corporation. Proposed site is close to Manville, conveniently located in Somerset County for its customer base and a good fit for the business. The building was originally designed for multiple tenants; however, the proposed use is for one tenant. 6

7 Most of the 50 trucks are not on-site and are based at the employees home, with the exception of once per month for a meeting. Mechanics and helpers come to the site on occasion to pick up materials and their workday starts at 7:30 a.m. They work 5 days per week and occasional Saturdays in the summer months. Office personnel workday is between 8:00 a.m.-8:30 a.m. to 5:00 p.m. and occasionally to 6:00 p.m. or 7:00 p.m. 5 days a week. There could be between people at the site at any one time. There will be light truck traffic occasionally to deliver materials. Sheet metal shop inside the building which does not generate any noise. Board Comment Mr. Pugh stated that he would be interested in knowing whether or not the property is in the floodplain area. He would also like to see the relocation of the handicapped parking closer to the office area, LOI filed in 2002 and additional street buffers. Mr. Heibell stated that the parking distance from Dickerson Road to the front will be changed along with the required setback from the driveway to the residential property line. Ms. Chaucer-Levine referred to the Fire Official s memo requesting an emergency access road. Mr. Heibell reported that this would cross wetlands and needs approval from NJDEP. Mr. Fraser stated that there is access from the adjacent property. She suggested the possibility of a cross access easement with the adjoining property owner. Mr. Merdinger stated that the buffer at the rear of the property is a significant problem. Public Comment The following residents and neighbors spoke in opposition to the proposal and had concerns regarding increased traffic, the need for buffers, safety of children, size of the building, flooding in the area, the use of the property for an industrial building, width of Dickerson Road, variances being requested, decrease in market value of homes, opening of Green Street which would create additional through traffic, request that the Township look into taking this property for open space and the impact to the neighborhood and the Township. Residents asked that strong consideration be given to the fact that there is a development of 190+ homes adjacent to the property and the concerns of these residents need to be taken into consideration. Ms. Aragona, President of the Courtland Homeowners Association Mr. Ferrara of Nostrand Road Mr. Fortunato of Campbell Road. Linda Jones Bailes of Campbell Road Dennis Zenatti of Nostrand Road Brad Zickert of Campbell Road Mr. Patel of Campbell Road Mr. Dundon of Nostrand Road Mr. Edelman of Campbell Road Carl Zierold of Nostrand Road Kevin Joshua of Nostrand Road Ms. Rosenfeld of Campbell Road 7

8 Ms. Winters-Mineo questioned why the street in the development that leads to Manville is not open for through traffic. It was reported that this street, Green Street, is for emergency access only. Mr. Ringelheim reported that this was not addressed in the previous resolution of approval. Ms. Chaucer-Levine asked if the Applicant could get approval for another access into the development. Mr. Heibell stated that this could not be done due to the wetlands in the area. Mr. Wohl stated that most of the issues raised can be addressed through a traffic study, EIS report, and land use issues. Mr. Burchette suggested that the Homeowners Association meet with the Applicant and his engineer to address the residents concerns. Mr. Ferrera, a resident, responded that a discussion between the Association and the Applicant might not address all of their concerns. He felt that this application should be denied since there are a lot of residents who are not interested in working out an agreement. Ms. Chaucer-Levine suggested that the detention basin and parking area be flipped so that there would be additional buffering to the residential development. Mr. Heibell stated that he would look into this. Ms. Chaucer-Levine stated that some of the residents concerns are not under the jurisdiction of the Planning Board. Mr. Stafford-Taylor stated that it would be advantageous for the residents to work with the developer to address some of their concerns. Chairperson Fenwick-Freeman stated that the public comment received is of utmost importance to the Board and she encouraged the homeowners to meet with Mr. Fraser and his professionals to address concerns and possibly come up with some solutions to the issues raised. A motion was made by Mr. Stafford-Taylor, seconded by Mayor Sireci to continue the public hearing on this application to June 10, 2004 with no further public notice required. All members agreed. Motion carries. An extension for this application was granted to June 30, CORRESPONDENCE ADJOURNMENT A motion to adjourn was made by Mayor Sireci, seconded by Mr. Merdinger. All members agreed. Motion carries. The meeting adjourned at 10:30 p.m. Submitted by, Darlene Reed Planning Board Clerk 8