Chairman Dietz called the Board of Adjustment Special Meeting of to order at 7:30 p.m. announcing that this meeting had been duly advertised according to Chapter 231, Open Public Meetings Act. The meeting took place at the Municipal Building in the Court Room. ROLL CALL Chairman Dietz - Present Vice-Chairman Wetter Absent Jack Kennedy - Present Frank Valcheck - Present Barry Quick Present John Sheridan- Present Kevin Lovell - Present Joseph Jaghab Alt. #1- Present Helen Haines Alt#2 - Absent Pete Cipparulo Alt#3 Absent Tony Gwiazdowski Alt#4- Absent Also in attendance were Mark Anderson, Board Attorney, Robert Ringelheim, Township Planner, William White, Board Engineer and Lucille Grozinski, CSR. PLEDGE OF ALLEGIANCE ACCEPTANCE OF MINUTES Mr. Valcheck made a motion to approve the minutes of October 3, 2007 which was seconded by Mr. Jaghab. The motion was approved unanimously. Mr. Lovell made a motion to approve the minutes of the January 9, 2008 reorganization meeting which was seconded by Mr. Jaghab. The motion was approved unanimously. ACCEPTANCE OF RESOLUTIONS Mr. Anderson indicated that the potential revisions to the Community Options resolution will be discussed at the next meeting. BUSINESS FROM THE FLOOR None BOARD OF ADJUSTMENT BUSINESS None APPLICATION THE RICHMAN GROUP OF NJ, LLC BA#-07002- Block 58, Lot 1.05, Campus Drive. Bifurcated use & preliminary and final site plan. carried from December 5, 2007 John A. Giunco, attorney for the applicant, offered Art Bernard as planning expert to answer any questions. Mr. Bernard then summarized the previous testimony regarding the professional planning aspects of the proposal as follows: -The new Round 3 rule proposals were discussed as to the potential effects on Hillsborough Township. -Stand-alone affordable housing such as being proposed is an inherently beneficial use and, in the event that the Board disagrees, there are special reasons for granting the use variance.
Mr. Ringelheim then explained the new COAH Round 3 requirement that the Township will be required to identify specific sites for affordable housing with a specific developer which should be considered by the Board for this application. Chairman Dietz then indicated that all members present are eligible to vote at this time. Public Questions- John Saurek asked about how overcrowding at the Sunnymeade School will be handled. Mr. Bernard indicated that it is not the responsibility of the Board to consider this for the use variance. It was noted that 74 school children will be generated by this development. Harry Culpen, architect for the applicant, was then sworn in and provided testimony as follows: -The building floor plans were introduced as Exhibit A-7 and discussed as 3 story apartrment buildings clustered around open space with a clubhouse/swimming pool facility. -The typical unit floor plan was then introduced as Exhibit A-8 for a typical 3 bedroom unit with 2 means of access for each unit. -The building elevation on the west side was then introduced as Exhibit A-9 with residential design including no flat roofs. The height will be 35 feet which is modified from the original application request that required a variance. -The amenities in the common area and clubhouse were described. Chairman Dietz asked of the fitness center would be free to the residents. Mr. Giunco will be available to the residents at no additional charge. Chairman Dietz asked about the rental payments. Mr. Bernard responded that the rents would be approximately $1,000-$1,500 per month in compliance with the tax credit rules. Public Questions- Nick Cavaluzzo asked if all the units were rental units. Mr. Culpen responded they were. Mr. Cavaluzzo asked about paying school taxes. Mr. Giunco indicated the landlord will pay all taxes to the Township. Mr. Bernard then indicated that after further review the 2 bedroom units would rent for $1,000 per month and the 3 bedroom units would rent for $1,250-$1,300 per month. Carmela Surace inquired about what would happen if the rental units could not be rented. Mr. Giunco explained that this project is a tax credit project that will be developed and financed as a rental project and it will also be part of the Township s affordable housing plan as a rental project. Ms. Surace asked about the building height and how it is measured from the ground floor. 2
Mr. Culpen indicated the building height will be 35 feet and no variance is required. John Tutunjian, 150 Johansen Avenue, questioned the amount of square footage for the playground area. Mr. Culpen estimated about 2,000 square feet. Mr. Tutujian asked if this is sufficient for 74 children without trampling into the wetlands. Mr. Culpen noted there was sufficient room at another similar project as well as access to public parks. Mr. Tutujian asked about alternative recreation and access to public parks from this site. Mr. Giunco noted there is no prohibition on the use of other community facilities by the residents. Roseann Arragona, Nostrand Road, asked if there was an existing building to be demolished. Mr. Giunco explained that there was an approval for a warehouse on this site that was never built. Ann Ippolito asked about basements. Mr. Culpen indicated there is no need and there are wetlands. Chandra Hari asked about the building entrances, Mr. Culpen explained that each apartment has 2 means of egress but only 1 door. Mr. Hari asked about security measures. Mr. Culpen noted the buildings would be sprinklered and have hard wired smoke detectors and 2 means of egress. All building code requirements would be met. Jack Kennedy then advised that he received 4 or 5 e-mails from the public and would not be influenced. Mr. Anderson indicated that the Board can only consider only that information presented at the public meetings. Robert Heibell, engineer for the applicant, is still under oath and responded to additional questions as follows. Chairman Dietz asked about the depth of water on the property. Mr. Heibell explained there are freshwater wetlands as established by the NJDEP. A permit will be needed to cross the wetlands for a storm sewer pipe as previously approved. Chairman Dietz asked about tying in the sanitary sewer connection. Mr. Heibell noted that the sanitary sewer line has already been constructed along the northerly property line. The main sanitary sewer line and storm sewer line already cross the property at the easterly property line. 3
Chairman Dietz asked about developing the site without draining the wetlands. Mr. Heibell explained the proposed stormwater system and required approvals for the previous approval and the need to redesign the stormwater system under the new NJDEP requirements. Chairman Dietz asked about construction of a detention basin where there is a high water table. Mr. Heibell explained that permeability tests would be needed to determine the stormwater basin design. Either the grade of the development would have to be raised or the basin will be made shallower but larger and the size of the development would be reduced if there is a high water table. Chairman Dietz was concerned about the area along the westerly property line of the temple lot. Mr. Heibell noted he was not the engineer for that property which is on the adjoining property and appears to be a wetland swale without a buffer. Mr. Lovell asked about the Hillsborough Environmental Commission letter dated April 16 regarding the differences in impact of density of residential versus industrial uses. Mr. Heibell noted that there is little or no difference from a stormwater standpoint indicating the regulations are the same. A full site plan with storm drainage calculations and an EIS would be a condition of approval of the use variance if granted. Chairman Dietz asked about mosquitoes being a summer health problem. Mr. Heibell noted that he believes there is year round standing water, but the character is not being changed. Chairman Dietz inquired about putting a pipe through the wetlands. Mr. Heibell explained the process. For the industrial warehouse the stormwater pipe was approved for a general permit through the center of the wetlands at the narrowest point. The sanitary sewer pipe was approved along the northerly portion of the lot. Mr. Quick asked about the size of the detention basin as related to the groundwater level. Mr. Heibell agreed that it could be much larger than shown which will cause the amount of impervious coverage to be reduced. There must be an equilibrium. Mr. Lovell questioned the differences in density in reports by Mr. Ringelheim and Mr. White. Mr. Heibell indicated that one was the gross density as the Township requires and the other was net density. He then explained the requirements for designing the detention basin and stormwater regulations. The original approval was roughly in 2002 and there is some question as to whether the stormwater facilities would have to be redesigned. Public Questions- John Tutujian asked about flooding. Mr. Heibell explained the stormwater system, as currently envisioned without having done technical calculations. The requirement is not to add more water. 4
Chairman Dietz indicated that this was a bifurcated variance application. Chairman Dietz then asked about the water level. Mr. Heibell indicated that the testing required to determine the high water table will be done as part of the site plan if the variance is approved. The relationship between the standing water and the wetlands was explained. Mr. Lovell asked when the wetlands were delineated. Mr. Heibell indicated NJDEP will generally wait until the spring to delineate LOI s. Michelle Tubby asked about the location of the storm and sanitary sewers. Mr. Heibell explained the location of the sewers and the direction of the flow as well as the basis for calculations of projected residential and industrial sanitary sewer flows. Ms. Tubby asked about the flow of stormwater. Mr. Heibell explained the stormwater system based on a similar design as previously approved for the industrial use and which may be larger based on new regulations. Overflow would be handled by an emergency spillway into the wetlands. Chairman Dietz asked if the play area was going to be in the detention basin. Mr. Heibell assured that the play area would not be located in the detention basin. The storm sewer pipe heads north almost to Dukes Parkway and runs under the road through a culvert. No storm frequency can have a greater runoff rate than is currently allowed. The Board and public had no more questions of the architect who left the meeting. Carmela Surace asked about the timing of a permeability test. Mr. Heibell explained the bifurcated application and that the applicant was before the Board for a use variance. The engineering and design would be provided was part of the site plan. He then explained the permeability test process. Ms. Surace presented photos of flooding along what was identified as Dukes Parkway. Mr. Heibell did not recognize the picture. Ms. Surace questioned about the adjoining Temple Beth-El property. Mr. Heibell responded that he was not the engineer for this property, but the property is visually several feet higher than the subject property. Anthony Mesita, 111 Taylor Avenue, asked if there were other locations in Hillsborough that were better suited for this project given the concerns raised. Chairman Dietz noted the Board only considers this property. John Saurek asked if a generalized flooding survey of the surrounding areas was prepared. 5
Mr. Heibell noted that there was no designated NJDEP flood hazard zone on this property. We would not make the flooding worse as we are mandated not to increase the flooding based on State requirements. Tom Sulich asked the proposal as affecting the sanitary sewers. Mr. Anderson noted that Mr. Heibell must address the series of assumptions being made. Mr. Heibell addressed the sanitary sewer capacity. Mr. Sulich asked about emergency access. Mr. Heibell noted that emergency access will be provided from the adjoining property. Mr. Giunco then indicated that the applicant s presentation was completed. Public Comments- Colleen Schwarz, 134 Taylor Avenue, read a statement in opposition to the application. Mr. Giunco noted that this application was for a use variance. All the concerns would be addressed by a site plan. Karen Wickham, Johansen Avenue, opposes the application. William Jamieson, 123 Hamlin Road, read a statement in opposition to the application. John Tutujian opposed the application. Carmela Surace opposed the application. John Saurek opposed the application. John Thomas opposed the application. Tara Rudd, Johansen Avenue, opposed the application. Janice Picillo, 10 Magda Lane, opposed the application. Chou Ching Yang opposed the application. Chris Sills opposed the application. Stuart Buckman opposed the application. Tom Sulich, 161 Johansen Avenue, opposed the application. Michelle Tubby opposed the application. John Pettisch, 17 Nottingham Way, opposed the application. Chandra Hari opposed the application. 6
Mr. Ringelheim indicated the COAH requirements that the Township will be faced with and this is an opportunity to meet a substantial part of the obligation without having to add additional schoolchildren. Further, it was noted that the site may not be the best but that Town Center does not permit this type of development. Mr. Giunco then summed up the application. Public portion was closed. After Board comments and discussion, a motion was made by Mr. Sheridan to deny the application which was seconded by Mr. Lovell. Roll Call: Mr. Valcheck yes Mr. Kennedy- yes Mr. Sheridan - yes Mr. Quick - yes Mr. Lovell yes Mr. Jaghab- yes Chairman Dietz yes ADJOURNMENT 11:05 pm Submitted by, Robert Ringelheim, PP, AICP Township Planner 7