FREEHOLD TOWNSHIP ZONING BOARD OF ADJUSTMENT MINUTES SPECIAL MEETING AUGUST 30, 2007 Chairman McCloskey called a Special meeting to order on Thursday, August 30, 2007 at 7:30 p.m. at the Freehold Township Municipal Building, One Municipal Plaza, Freehold, New Jersey. He read the notice of the Open Public Meetings Law and the Sworn Testimony announcement. There was a salute to the flag. Present: Absent: Also Present: Mrs. Ferdinando, Mr. Elowitz, Mr. Apostle, Mr. Nero, Mr. Decker and Mr. McCloskey. Mr. Yoon, Mr. Rogove and Mr. Jennings. Dennis Galvin, Esq., Guy F. Leighton, Township Senior Planner, Joseph M. Mavuro, Township Engineer, Thomas Thomas, P.P., Edward G. Broberg, P.E., T&M Associates and Judith M. Brown, Administrative Officer. MINUTES: A motion to approve the minutes of August 23, 2007 was made by Mr. Apostle, seconded by Mr. Elowitz and passed with the following roll call vote: Mrs. Ferdinando, Mr. Elowitz, Mr. Apostle, Mr. Nero and Mr. Decker. CONTINUED APPLICATION: Application No. 26-06 767-07 Medical Freehold, LLC, c/o Onyx Equities, LLC 303 West Main Street, Block 69.05, Lot 36.01 FAR and bulk variances to construct a medical/professional building with a gross floor area of 8,800 square feet. Mr. McCloskey said that this application is a continuation from a meeting held on July 26, 2007. Mr. Galvin certified Mrs. Ferdinando to listening to the recording from that meeting and therefore may participate and vote on this application. Mr. McCloskey stated to the applicant that there are six board members present and that they have the option voting on the case this evening or reserving the vote at a later date. Jennifer Krimko, Esq., Ansell, Grimm and Aaron appeared. Richard Kenderian, P.E., Kenderian & Zelinski Associates appeared and it was noted that he was previously sworn. She clarified that the floor area of the building is based on the gross area, not leaseable space, of the proposed 7,992 square foot medical office. Page 2 of the site plan
August 30, 2008 Page 2 indicates the existing 58,143 square foot office building with a breakdown of each floor area. Ms. Krimko submitted a five page document prepared by TSC Design Associates showing the gross floor area of each level of the existing building as follows: basement 10,796 square feet, ground floor 11,131 square feet, second floor 12,072 square feet, third floor 12,072 square feet and fourth floor 12,072 square feet. The submission was marked into evidence as P-30. She then stated that the existing floor area ratio is 27.3%. After construction of the new structure, the floor area ratio would be 31.02%. Ms. Krimko said that they met with the Historic Preservation Commission and learned that all architectural plans would be reviewed by Ned Gaunt, AIA and a report drafted by him to be forwarded to the committee. Plans for the renovation of the exiting building were also presented to them. Richard Kenderian, P.E., Kenderian & Zelinski Associates appeared and it was noted that he was previously sworn. He described the changes to the plan noting that some parking and curbing would be deleted from the southerly corner of the site. Drainage would be added at the corner of the property where ponding now occurs. The site would contain 275 parking spaces where 271 spaces are required by ordinance. Reconfiguration of the northerly parking lot is proposed in order to keep it further away from Gibson Place. Additional landscaping has been added to the easterly corner of the property to more compliment the scenic corridor. Ms. Krimko submitted a Zoning Critique Exhibit showing the setback requirements and other figures after the dedication of Castronova Way to the township. The document was marked into evidence as P-31. Anthony Zero, AIA, Montefero Studios appeared and was sworn. He offered his qualifications to the board and they were accepted. He submitted an exhibit showing the proposed 7,992 square foot building adding that this rendering was also presented to the Historic Preservation Commission. After meeting with that committee, modifications were made to the roof and lighting and brick with stucco have been added. The lighting fixtures will be colonial in style. A material board was displayed and marked into evidence as P-32. Scott Kennel, McDonough & Rea Associates, 1431 Lakewood Road, Manasquan, New Jersey appeared and was sworn. He said that he is the traffic engineer on this project and offered his qualifications to the board. The board stipulated to the qualifications of Mr. Kennel. He indicated that a traffic impact study was prepared and submitted as part of the application in December, 2006. Field trips to the area and traffic counts were conducted. Current existing movements at the subject property operate at a level of service B and C. It is anticipated that the proposed medical office building would continue to operate at a B level of service in the morning peak hours and C
August 30, 2007 Page 3 level of service in the evening peak hours. Circulation patterns and parking was noted. The aisles will be 24 wide and parking spaces 9.5 wide by 19 long and are found to be consistent for safe and efficient traffic flows. The site plan indicates a total of 275 parking spaces and is consistent with a publication by the Urban Land Institute. The parking supply is deemed to be adequate to support the existing and proposed buildings. Access points to the property currently operate at acceptable levels and will continue to do so after construction of a new building. Mr. Elowitz asked if the fire department reviewed the modifications to the parking lot and it was indicated that the board has been supplied with updated reports submitted after the agenda mailing. Mr. Nero asked if the buildings warrant the total number of parking spaces being proposed suggesting that additional greenery could be added on the property. Mr. Kennel indicated that the total number of parking spaces was calculated according to the parking ordinance requirements of the Land Use Ordinance and the needs of future tenants at the site. Mr. Galvin discussed banked parking spaces. Mr. Apostle questioned the proposed number of tenants. Ms. Krimko said that the property owner is present and would testify to that. Stephen Schultz, property owner and managing member appeared and was sworn. He said that the existing building is fully occupied except for a 2,000 square foot storage area. The tenants consist of mixed-uses such as medical, office and sales. The proposed new building could have up to three tenants, depending on their need for space. Mr. Schultz added that the ponding of water situation is to be rectified. Mr. Apostle addressed Mr. Kennel noting that he foresees additional traffic. Mr. Kennel said that medical/office uses generally have staggered office hours. Many doctors are not at their offices on a full-time basis. Andrew Janiew, P.P. appeared and was sworn. He offered his qualifications to the board and they were accepted. An exhibit, marked into evidence as P-33, was displayed. It shows photographs and an aerial view of the subject site. The property is located in the CMX-2 zone and he gave the permitted uses for the zone. A one-story medical/professional office use is proposed adjacent to the exiting four-story office building. The existing building is to be remodeled and an exhibit, marked into evidence as P-34, was displayed showing the improvements. The two buildings will match in color. A photograph was shown of the condition of the existing building.
August 30, 2008 Page 4 Mr. Nero discussed the portico located on the existing building. Mr. Kenderian asked to address the board and indicated that the portico can be adjusted as to not encroach onto setback requirements. Mr. Janiew continued and noted that the existing building height is a pre-existing condition. The variances and design waivers were outlined. Exhibit P-33 was referred to and it was stated that it depicts the existing site. Each photograph on the exhibit was described. He said that, in his opinion, the burden of proof has been met for granting a variance to exceed the floor area ratio. The improvements to the site actually decrease the impervious coverage. Noting a difficulty with the meeting recording device, Mr. McCloskey called a recess so that the tape could be changed. The board reconvened at 9:00 p.m. Mr. Janiew continued and stated that the application is consistent with the Master Plan and land use development. The building is appropriate for the area. Ms. Krimko added that a benefit of the application is the aesthetics. Mr. Janiew said that many of the variances are pre-existing and discussed the C-1 and C-2 variances. Improvements to the parking lot and drainage are proposed. The benefits of the application outweigh the detriments. The application can be granted without substantial detriment to the public good and without substantial detriment to the zone plan or zoning ordinance. The application satisfies the balance test. Thomas A. Thomas, P.P., Thomas Planning Associates appeared for the township and gave a brief history of the subject property and the CMX zones. The CMX-2 zone was created for this area after the construction of the four-story building. Mr. Nero again discussed land banked parking spaces. Ms. Krimko said that banking parking spaces or reducing the number of parking spaces would violate the tenants leasing requirements in that each present tenant requires a certain number of designated spaces. Mr. McCloskey discussed the proposed drainage piping. Mr. Mavuro said that the ordinance requires concrete piping. Ms. Krimko said that they are seeking a waiver for installation of HDPE piping as well as not installing sidewalk adding that her client would make the necessary contribution in lieu of. Mr. McCloskey observed that no one from the public was present. After discussion, a motion to continue the application to Thursday, September 27, 2007 at 7:30 p.m. in Room 114 of the Municipal Building was made by Mr. McCloskey, seconded by
August 30, 2007 Page 5 Mr. Nero and passed with the following roll call vote: Aye: Mrs. Ferdinando, Mr. Elowitz, Mr. Apostle, Mr. Rogove, Mr. Nero, Mr. Decker and Mr. McCloskey. Mr. Galvin discussed the time requirement of the application and Ms. Krimko said that they would submit a waiver of time requirement. OTHER BUSINESS: The board discussed the Kleiner application noting that Mr. Thomas has a conflict with it. Mr. McCloskey said that the board may need a conflict planner and it was suggested that each board personally visit the site and also that Mr. Kleiner must have their planner, Ms. Coffin return to the board. ADJOURNMENT: There being no further business, a motion to adjourn was made by Mr. McCloskey, seconded by Mr. Elowitz and passed. The meeting concluded at 10:00 p.m. Judith M. Brown Administrative Officer Edward P. McCloskey Chairman