MINUTES

OF THE

CRANBURY TOWNSHIP

PLANNING BOARD

CRANBURY, NEW JERSEY

MIDDLESEX COUNTY

 

 

TIME AND PLACE OF MEETING

 

            The regular meeting of the Cranbury Township Planning Board was held at the Cranbury Town Hall Municipal Building, Old School Building, 23-A North Main Street, Cranbury, New Jersey, Middlesex County, on January 4, 2007 at 7:30 p.m

 

CALL TO ORDER

 

Ms. Josette C. Kratz called the meeting to order and presided over the meeting until a Chairman was appointed.

 

STATEMENT OF ADEQUATE NOTICE

 

            Pursuant with the Sunshine Law adequate notice in accordance with the open public meeting act was provided of this meeting’s date, time, place and agenda was mailed to the news media, posted on the Township bulletin board, mailed to those requesting personal notice, and filed with the municipal clerk.

 

MEMBERS IN ATTENDANCE

 

Michael Dulin, James, Golubieski, Allen Kehrt, Thomas Panconi, Eugene Speer, Richard Stannard, Dietrich Wahlers, Joan Weidner

 

PROFESSIONALS IN ATTENDANCE

 

Carolyn Cummings, Court Reporter; Josette C. Kratz, Secretary; Andrew A. Feranda, Traffic Consultant; Cathleen Marcelli, P.E.; Joseph Stonaker, Esquire; Richard Preiss, P.P.

 

PUBLIC COMMENTS

 

There were no public comments made.

                       

NOMINATIONS AND ELECTIONS/APPOINTMENTS

 

CHAIRPERSON

 

Mr. Kehrt nominated Thomas Harvey as Chairman. Mr. Speer seconded the nomination.

 

There were no other nominations.  Upon motion duly made, seconded and carried, the nominations were closed, and the votes counted.

 

VOTE ROLL CALL

 

             AYES:      Mr. Dulin, Mr. Golubieski, Mr. Kehrt, Mr. Panconi, Mr. Speer, Mr. Stannard, Mr. Wahlers, Ms. Weidner

             NAYS:      None

       ABSTAIN:      None

        ABSENT:      Mr. Harvey

 

MOTION CARRIED

 

 

VICE CHAIRPERSON

 

Mr. Kehrt nominated James Golubieski as Vice Chairman.  Mr. Speer seconded the nomination.

 

There were no other nominations.  Upon motion duly made, seconded and carried, the nominations were closed, and the votes counted.

 

VOTE ROLL CALL

 

             AYES:      Mr. Dulin, Mr. Golubieski, Mr. Kehrt, Mr. Panconi, Mr. Speer, Mr. Stannard, Mr. Wahlers, Ms. Weidner

             NAYS:      None

       ABSTAIN:      None

        ABSENT:      Mr. Harvey

 

MOTION CARRIED

 

 

BOARD SECRETARY

 

Mr. Kehrt nominated Josette C. Kratz and Board Secretary.  Mr. Speer seconded the nomination.

 

There were no other nominations.  Upon motion duly made, seconded and carried, the nominations were closed, and the votes counted.

 

 

VOTE ROLL CALL

 

             AYES:      Mr. Dulin, Mr. Golubieski, Mr. Kehrt, Mr. Panconi, Mr. Speer, Mr. Stannard, Mr. Wahlers, Ms. Weidner

             NAYS:      None

       ABSTAIN:      None

        ABSENT:      Mr. Harvey

 

MOTION CARRIED

 

 


BOARD ATTORNEY

 

Mr. Kehrt nominated Joseph Stonaker, Esquire and Board Attorney.  Mr. Speer seconded the nomination.

 

There were no other nominations.  Upon motion duly made, seconded and carried, the nominations were closed, and the votes counted.

 

 

VOTE ROLL CALL

 

             AYES:      Mr. Dulin, Mr. Golubieski, Mr. Kehrt, Mr. Panconi, Mr. Speer, Mr. Stannard, Mr. Wahlers, Ms. Weidner

             NAYS:      None

       ABSTAIN:      None

        ABSENT:      Mr. Harvey

 

MOTION CARRIED

 

MUNICIPAL PLANNER

 

Mr. Panconi nominated Richard Preiss of Phillips, Preiss and Shapiro as Township Planner.  Mr. Speer seconded the nomination.

 

There were no other nominations.  Upon motion duly made, seconded and carried, the nominations were closed, and the votes counted.

 

VOTE ROLL CALL

 

             AYES:      Mr. Dulin, Mr. Golubieski, Mr. Kehrt, Mr. Panconi, Mr. Speer, Mr. Stannard, Mr. Wahlers, Ms. Weidner

             NAYS:      None

       ABSTAIN:      None

        ABSENT:      Mr. Harvey

 

MOTION CARRIED

 

 

MUNICIPAL ENGINEER

 

Mr. Kehrt nominated Cathleen Marcelli of hatch Mott McDonald as Township Engineer.  Mr. Speer seconded the nomination.

 

There were no other nominations.  Upon motion duly made, seconded and carried, the nominations were closed, and the votes counted.

 

VOTE ROLL CALL

 

             AYES:      Mr. Dulin, Mr. Golubieski, Mr. Kehrt, Mr. Panconi, Mr. Speer, Mr. Stannard, Mr. Wahlers, Ms. Weidner

             NAYS:      None

       ABSTAIN:      None

        ABSENT:      Mr. Harvey

 

MOTION CARRIED

 

MUNICIPAL TRAFFIC CONSULTANT

 

Mr. Speer nominated Andre Feranda of Shropshire as Traffic Consultant.  Mr. Kehrt seconded the nomination.

 

There were no other nominations.  Upon motion duly made, seconded and carried, the nominations were closed, and the votes counted.

 

VOTE ROLL CALL

 

             AYES:      Mr. Dulin, Mr. Golubieski, Mr. Kehrt, Mr. Panconi, Mr. Speer, Mr. Stannard, Mr. Wahlers, Ms. Weidner

             NAYS:      None

       ABSTAIN:      None

        ABSENT:      Mr. Harvey

 

MOTION CARRIED

 

 

COURT REPORTER

 

Mr.  Speer nominated Carolyn Cummings.  Mr. Kehrt seconded the nomination.

 

There were no other nominations.  Upon motion duly made, seconded and carried, the nominations were closed, and the votes counted.

 

VOTE ROLL CALL

 

             AYES:      Mr. Dulin, Mr. Golubieski, Mr. Kehrt, Mr. Panconi, Mr. Speer, Mr. Stannard, Mr. Wahlers, Ms. Weidner

             NAYS:      None

       ABSTAIN:      None

        ABSENT:      Mr. Harvey

 

MOTION CARRIED

 

 

CALENDAR MEETING DATES

 

Upon a motion duly made, seconded and carried the motion to approve the 2007 calendar dates.

 

VOTE ROLL CALL

 

             AYES:      Mr. Dulin, Mr. Golubieski, Mr. Kehrt, Mr. Panconi, Mr. Speer, Mr. Stannard, Mr. Wahlers, Ms. Weidner

             NAYS:      None

       ABSTAIN:      None

        ABSENT:      Mr. Harvey

 

MOTION CARRIED

 

DESIGNATION OF AN OFFICIAL NEWSPAPER

 

Upon motion duly made, seconded and carried, the designation of the Home News Tribune and Cranbury Press as the official newspapers was made.

 

VOTE ROLL CALL

 

             AYES:      Mr. Dulin, Mr. Golubieski, Mr. Kehrt, Mr. Panconi, Mr. Speer, Mr. Stannard, Mr. Wahlers, Ms. Weidner

             NAYS:      None

       ABSTAIN:      None

        ABSENT:      Mr. Harvey

 

MOTION CARRIED

 

 

AGENDA FEE SCHEDULE

 

Upon motion duly made, seconded and carried, the approval of the agenda fee schedule to be $30 for the year was made.

 

VOTE ROLL CALL

 

             AYES:      Mr. Dulin, Mr. Golubieski, Mr. Kehrt, Mr. Panconi, Mr. Speer, Mr. Stannard, Mr. Wahlers, Ms. Weidner

             NAYS:      None

       ABSTAIN:      None

        ABSENT:      Mr. Harvey

 

MOTION CARRIED

 

 

MINUTES

 

July 20, August 3, and September 7, 2006 minutes upon duly being motioned and seconded were unanimously approved.

 

APPLICATIONS                              

 

PB 107-06       Kerzner Associates

                        Block 2.01, Lot 3.01

                        1 Corporate Drive

                        Preliminary and Final Site Plan Approval

 

REPRESENTATIVES;            Sandy Kerzner, Applicant

                                                Donald S. Driggers, Esquire

                                                Richard Schroeder, Architect

                                                Geoffrey Brown, Engineer

 

EXHIBIT A-1              Colorized Site Plan, Sheet 5 of 13, dated 9/29/06

EXHIBIT A-2              Colorized Building Elevations

EXHIBIT A-3              Impervious Coverage Chart

EXHIBIT A-4              Floor Area Ratio Chart

EXHIBIT A-5              Photograph of previous approved building, used for architectural purposes

 

Applicant and Township’s professionals were all sworn to give testimony.

 

Mr. Driggers explained that this was a preliminary and final site plan approval in relation to property known as Block 2.01, Lot 3.01 which was in the Kerzner Park.  This was the last building to be built.  It was a flex building that would be 53,790 SF used for office and warehousing.  It was located on corner of Corporate Drive and Cranbury South River Road.

 

Mr. Kerzner said that presently they had eight buildings and this would be the ninth.  Typical his buildings were 10% to 15% office with the rest being warehouse.  Kerzner continues to own the building but the subdivision of property takes place for finance purposes. 

 

The building would be similar to all the other buildings.  This building elevation would be close to Building 5, with lot of brick and glass.  Because this is the building that faces the front he wanted to “set it off”.   Where Building 5 has square column this building would have rounded columns.

 

Mr. Brown said that application was well below the maximum FAR and impervious coverage.  He felt that ingress and egress was workable for this property.  There would be not wetlands or water impact on the adjacent property owner.  There was an inlet to take all the water coming off the Henry property and would go out around the berm to South River Road.  Normally this property would not drain to the north.

 

They agreed with Ms. Marcelli’s report and would comply with the issues she addressed.

 

They were requesting a design waiver and two variances.  The design waiver was for soil.

 

Mr. Kerzner explained that the sign would be similar to the other buildings.  This sign was proposed to be illuminated as a backlit sign.  He was agreeable not to light the sign as a backlit sign after discussion from the Board.  Some the tenants want the option for an individual sign.

 

Mr. Preiss did not feel that the applicant needed a 200 SF sign at the top of the building illuminated or not.

 

 

Mr. Driggers said that they would comply with the landscape architects indication of changes.

 

Mr. Schroeder explained the architectural element to the Board.

 

Ms. Marcelli explained that past policy was that if the applicant wanted to add more glass to the building, that would be acceptable, but if the applicant wanted to decreases the amount of glass they would have to come back to the Board for approval.

 

There was discussion regarding the tree and the applicant would work for an acceptable solution with the landscape architect.

 

Mr. Golubieski opened the floor to public comment.  There were none.

 

Mr. Speer motioned for the approval of the above mentioned application under the following conditions:

 

1.                  Variance for number of parking within the front yard setback;

2.                  Sign variance for small tenant signs to be permitted as designed;

3.                  A monument sign conforming to the ordinance, externally illuminated;

4.                  Increase of parking;

5.                  Design waiver for import of design waiver for the import of soil to the site, subject to the approval of the Township Engineer along with hours, testing, route, etc.;

6.                  All conditions in the Township Engineers report, traffic consultants report, landscaping architects report, and Planner;

7.                  Rooftop equipment installed in the future would not be visual from adjacent roadways;

8.                  Any other outside agency approvals;

 

Mr. Kehrt seconded the motion.

 

VOTE ROLL CALL

 

             AYES:      Mr. Dulin, Mr. Golubieski, Mr. Kehrt, Mr. Panconi, Mr. Speer, Mr. Stannard, Mr. Wahlers, Ms. Weidner

             NAYS:      None

       ABSTAIN:      None

        ABSENT:      Mr. Harvey

 

MOTION CARRIED

 

 

PB 116-06       Steve Feibus

                        Block 26, Lots 4 & 5.01

                        Route 130

                        Minor Site

 

REPRESENTATIVES;            Donald S. Driggers, Esquire

                                                Steven Fiebus, Applicant/Owner

                                                Richard Schroeder, Architect

                                                Geoffrey Brown, Engineer

 

EXHIBIT A-5              Sheet 2 of 3, dated 10/31/06

EXHIBIT A-6              Sheet 3, dated 10/31/06

EXHIBITS A -7, 8 & 9            Photographs of the site

 

Mr. Dietrich, Mr. Speer, Mr. Panconi, Mr. Golubieski, and Mr. Dulin listened to the recording of the previous meeting for the above application and signed certification indicating so.

 

Mr. Driggers explained that the applicant was here as a result of a court settlement.  There was litigation that was filed that dealt with many issues with regard to this site.  They were able to settle the litigation.  One part of the litigation was that the applicant come to the Board and receive an approval.

 

Mr. Feibus explained that the light to the westerly side of the building was installed for safety reason as advised by his insurance, but would replace it with something that would be approved by the engineer.  He did have to have it on a photoelectric light that would be on all the time when it was dark. 

 

Mr. Feibus explained that they address the neighbor’s concern with regarding to the light spillage from the building by blackening of the windows.  They start ledger has also been replaced by the Trenton Times and the noise has been reduced due to the change in there behavior patterns of this Trenton Times as opposed to the Star Ledger.

 

Mr. Brown addressed the issues south of the building.  The proposed to the southerly side a fence so that vehicles could not park in the area.

 

Ms. Marcelli said that it does not eliminate the problem of the gravel area being extended.  She was trying to is to limit another load of gravel showing up and the parking lot getting larger.  If you fence it in and landscape around it, it would not happen.

 

Mr. Feibus said that the fencing would create a problem with plowing snow and the trucks will end up parking out front.

 

She said that she wanted a post and rail fence.  Mr. Feibus wanted metal posts. 

 

Mr. Feibus explained that he was leaving New Jersey and would not be back until April so he needed time until June to make improvement.  He would leave January 14 and not back until sometime in April. This has been three years to get to where they are tonight.  Mr. Driggers suggested May 15th.

 

Mr. Frankie of 14 Silvers Lane said that he didn’t believe that warehousing was approved use within the zone.  Storage might be okay, but not warehousing.   Mr. Stonaker said that the use variance issues have been taken care of.  He indicated that they had significant land that was theirs that they didn’t get you use.  That in the future the applicant should also have to install berming and should not be only on the residential shoulders.

 

There were no other comments.

 

Mr. Stannard said that it seems to be that perhaps the applicant could simply say those vehicles that parked where they aught not be parked, they will do what they can with those within their power to keep them where they should be parked.  Other they regret cannot control their tenants completely they will do their best to address that behavior as well.  The result may not change but it certainly speaks of cooperation as oppose to confrontation.  Mr. Feibus apologized.

 

Mr. Driggers also indicated that he would send a certified latter to the tenants indicating the rules of the approval with a copy of the resolution.

 

Mr. Speer motioned for the approval of the above mentioned application under the following conditions:

 

1.                  That the light on the rear building be replaced by a fixture that will direct the light downward and will allow for light to spill out on the neighboring properties, with photocell;

2.                  The gravel area on the south side of the warehouse building with planting to be install along the east side of that area;

3.                  With a fence, post or rail or similar to be installed along the south and west side of that gravel area;

4.                  Some posts be installed along the outer westerly edge along the rear of the building to prevent parking by vehicles on the gravel area adjacent to that driveway;

5.                  Dumpster either  be remove or relocated and installed in a matter which was consistent with the Township ordinance;

6.                  Changes to be complete by May 15th;

7.                  Revised plans submitted as soon as possible;

8.                  Any outside agencies approvals as necessary;

9.                  The applicant will make best efforts to insure that tenants only park in designated spaces on the site and not within/on any driveways or any non-designated area.  Applicant’s attorney will communicate this to each of the tenants.

 

Mr. Kehrt seconded the motion.

 

 

VOTE ROLL CALL

 

             AYES:      Mr. Dulin, Mr. Golubieski, Mr. Kehrt, Mr. Panconi, Mr. Speer, Mr. Stannard, Mr. Wahlers, Ms. Weidner

             NAYS:      None

       ABSTAIN:      None

        ABSENT:      Mr. Harvey

 

MOTION CARRIED

 

 

ADJOURNMENT OF MEETING

 

There being no further business, on motion duly made, seconded, and carried, the meeting was thereupon adjourned at 10:15 p.m..

 

CERTIFICATE OF SECRETARY

 

                        I, Undersigned, do hereby certify;

 

                        That I am duly elected and acting secretary of the Cranbury Township Planning Board and, that the foregoing minutes of the Planning Board, held on January 4, 2007, consisting of 11 pages, constitute a true and correct copy of the minutes of the said meeting.

 

                        IN WITNESS WHEREOF, I have hereunto subscribed my name of said Planning Board this February 1, 2007.

 

 

                                                                                                                                   

                                                                        Josette C. Kratz, Secretary

 

 

/jck