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 June 7, 2007 at 7:30 p.m

 

CALL TO ORDER

 

Thomas Harvey, Chairperson, of the Cranbury Township Planning Board, called the meeting to order and acted as the Chairman thereof.

 

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

 

James Golubieski, Thomas Panconi, Eugene Speer, Richard Stannard, Dietrich Wahlers, Joan Weidner, Thomas Harvey

 

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.

                       


RESOLUTIONS

 

PB 099-05 Matthew & Patricia Long, Block 21, Lot 3, Zone A-100, 39 Cranbury Neck Road, Minor Subdivision

 

Mr. Stannard motioned for the approval of the resolution.  Ms. Weidner seconded the motion.

 

 

VOTE ROLL CALL

 

              AYES:      Mr. Panconi, Mr. Stannard, Mr. Wahlers, Ms. Weidner, Mr. Harvey

             NAYS:      None

       ABSTAIN:      Mr. Golubieski, Mr. Speer

         ABSENT:      Mr. Dulin, Mr. Kehrt

 

MOTION CARRIED

 

 

PB 084-05 Gentle Healing Wellness Spa, Block 5, Lot 6.01, 1274 South River Road

Final Site Plan

 

Mr. Golubieski motioned for the approval of the resolution.  Mr. Speer seconded the motion.

 

 

VOTE ROLL CALL

 

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

             NAYS:      None

       ABSTAIN:      None

         ABSENT:      Mr. Dulin, Mr. Kehrt

 

MOTION CARRIED

 

 

PB 026-07(am) Staybridge/Gentle Healing, Block 5, Lot 16.02, 1272 South Rive Road, Final Site Plan for Detention/Drainage with conjunction to PB 084-05

 

Mr. Golubieski motioned for the approval of the resolution.  Mr. Wahlers seconded the motion.

 

VOTE ROLL CALL

 

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

             NAYS:      None

       ABSTAIN:      None

         ABSENT:      Mr. Dulin, Mr. Kehrt

 

MOTION CARRIED

 

APPLICATIONS

 

PB 118-06 Cranbury Housing Assoc., Inc., Block 20, Lot 10.01, Old Cranbury Road, Major Subdivision and Site Plan, Amendment to Import Soil

 

REPRESENTATIVES:             Christopher Tarr, Esquire

                                                Mark Janisdewski

 

Mr. Stonaker said that he reviewed the affidavit of service and proof of publication and conferred jurisdiction for the board to hear the matter.

 

Mr. Tarr explained this application was for the export of access soil from the site. 

 

Mr. Mark Janiszewski was sworn along with the Township’s professionals.  Mr. Janiszewski said that at the time of the initial application they did a preliminary earthwork estimate.  They had estimated that the site would balance.  The revised calculation estimate was approximately 3,900 CY.

 

Some soil has been removed to a private residence in Cranbury. 

 

Ms. Marcelli explained the procedures of soil import and export in Cranbury.

 

Mr. Golubieski asked how this happens and how this continues to happen.  He felt this was a disregard for Township policies.

 

The rest of the board concurred with Mr. Golubieski and wanted an explanation on the Township policing.

 

Mr. Marcelli said that there was always an announcement at the construction pre-con meetings.  She also explained that there are two guilty parties; that Stuart Long who received the soil also is well aware of the Township’s policy.

 

Mr. Stonaker said there needs to be an explanation from the Zoning Officer explaining how this is allowed to happen and whether there were more than two loads.

 

There was no amount of how much they need to hold on-site.

 

Mr. Harvey said that they may allow a little to come off now.  Then they have to come back at the next meeting to explain the exact CY and explanation of how this happened.

 

Mr. Speer motioned for CHA to be permitted to remove soil to a destination with a route approved by the Township Engineer to the extent that the Township Engineer judges necessary to permit construction to continue unhindered for the next two weeks, subject to the condition that we have another hearing providing testimony on how this happened and exact calculation on what needs to be held on site for possible use.  Mr. Wahlers seconded the motion.

 

It was announced that the matter was continued without further notice.

 

VOTE ROLL CALL

 

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

             NAYS:      None

       ABSTAIN:      None

         ABSENT:      Mr. Dulin, Mr. Kehrt

 

MOTION CARRIED

 

 

PB 135-07 (PB 380-99) Gordon 8A Sign, Block 1, Lot 4, Zone I-LI, Cranbury South River Road, Sign Variance

 

Applicant did not appear.  Matter delayed until next regular scheduled meeting.

 

Mr. Stonaker said that he reviewed the affidavit of service and proof of publication and the confer jurisdiction for the board to hear the matter.

 

Application would be carried until the June 21st meeting without further notice.

 

 

PB 130-07       Cranbury Pizza, Block 23, Lot 10, Zone VC, Main Street, Outdoor Dining Minor Site Plan

 

REPRESENTATIVES: Hector Palma, Owner/Applicant

 

 

Mr. Stonaker said that he reviewed the affidavit of service and proof of publication and the conferred jurisdiction for the board to hear the matter.

 

Mr. Stonaker swore the applicant and indicated the Township Professionals remained under oath.

 

Mr. Preiss indicated that in his review letter he was satisfied with the proposal.  There was one issue raised by Mr. Speer.  Under the outdoor dining regulation, the applicant is permitted to have the tables only in front of the restaurant.  In this situation, although it has existed for some time, there are outdoor dining tables both in the side yard and in front in the side yard, which would create a variance situation.  Although in the review letter it is made aware there have been no complaints or problems relating to the issue.  The fact that the adjacent use is a commercial use means that it unlikely to be a problem having the dining located in that situation.

 

There were no public comments.

 

Mr. Stonaker said that all the board was doing was granting minor site plan approval from outdoor dining and that the applicant’s were required to receive a dining permit through the Clerk’s office.

 

Mr. Preiss noted that there was a letter from HPC and should become part of the record.  Ms. Kratz indicated that the letter was received today.  Mr. Stonaker asked if the applicant if he saw it, Mr. Palma said that he had reviewed it today.  If he had to remove the blocks, he would.

 

Mr. Harvey said that he and Mr. Golubieski had an opportunity to discuss the chair issues.  Mr. Harvey read the letter aloud.  He said that his opinion was that the seating was up to the applicant.  There was recommendation of the removal of the trellis and the pavers retaining wall surrounding the tree.

 

Mr. Palma said that they replaced the pavers and planted flowers to make it look nice; before it was falling down.

 

Mr. Golubieski motioned for the approval of the outdoor seating.  Mr. Panconi seconded the motion.

 

VOTE ROLL CALL

 

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

             NAYS:      None

       ABSTAIN:      None

         ABSENT:      Mr. Dulin, Mr. Kehrt

 

MOTION CARRIED

 

 

PB 136-07 OneK 2P, LLC, a.k.a Hannah & Mason, Block 23, Lot 54, Zone VC, 39 North Main Street, Outdoor Dining

 

REPRESENTATIVES: Frank Brennan, Esquire

                                                Christopher Posner, Business Owner/ Applicant

 

Mr. Golubieski motioned for the approval of the outdoor seating.  Mr. Panconi seconded the motion.

 

Ms. Weidner recused herself because she was one of the 200 ft adjacent property owners.

 

Mr. Brennan explained that the applicant was seeking outdoor dining for seven days a week consistent with existing approval Sunday through Thursday closed at 9:00 p.m. and Friday and Saturday closes at 11:00 p.m.

 

The period that they were seeking was the same as approved in the prior resolution of June 2004.  This does not give any more or less time.

 

Mr. Preiss said that there is a licensing requirement for outdoor dining in the Village Commercial Zone and there are specific hours in which the outdoor dining would have to abide by.  He did not know them off the top of his head but suggested that the approval be conditioned that the applicant would have to abide by the hours specified as per the license.  That would apply to all restaurants within the Village Commercial Zone.

 

There were no public comments made when the floor was open for comments.

 

Mr. Brennan said that the outdoor seating arrangement would remain exactly as approved previously, no deviations.  The applicant had reviewed the HPC memo also and would consult with HPC if additional seating was purchased.

 

Mr. Brennan stated that this application does not seek to change nor add any additional signage.

 

VOTE ROLL CALL

 

              AYES:      Mr. Golubieski, Mr. Panconi, Mr. Speer, Mr. Stannard, Mr. Wahlers, Mr. Harvey

             NAYS:      None

       ABSTAIN:      Ms. Weidner

         ABSENT:      Mr. Dulin, Mr. Kehrt

 

MOTION CARRIED

 

 

PB 129-07       Robb Irving/Christine Ondocin, Block 23, Lot 45.02, Zone VC, 69 North Main Street, Minor Site Plan

 

REPRESENTATIVES:             Robb Irving, Owner

                                                Christine Ondocin, Owner

 

Under oath, Ms. Ondocin explained that there was a window on the side of their house that they wanted to convert into an ice cream walk up service window.

 

Mr. Preiss said it was something permitted under the ordinance.  In addition, the applicant proposes to put up a small sign and to be open seasonal, with hours of operation depending on demand.  There are no other changes.  Sidewalk would be kept clear of chairs and tables.  This window faces toward the post office.

 

There will be two benches on brick in front of the house.  Ms. Ondocin said that Middlesex County has jurisdiction over whether they put bricks there.  They said the County insists on a gap that runs along the sidewalk.

 

Mr. Stannard wanted to make sure that even if there is demand that it does not exceed the outdoor dining ordinance.  Ms. Ondocin said that their initial goal was to close by 9 p.m.

 

Ms. Weidner had a comment with the trashcan; she did notice that HPC mentioned something.  Ms. Ondocin said that they were modifying to meet with HPC’s comments.

 

Mr. Brennan said he was one of the neighbors and loved the idea of ice cream.  He asked what the hours of operation provided in the event that this is sold to another owner. 

 

Phyllis Johnson, 77 North Main Street had their support and thought it was a great idea also.

 

Mr. Golubieski motioned for the approval of the application minor site plan subject to the dicussions.  Mr. Panconi seconded the motion.

 

VOTE ROLL CALL

 

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

             NAYS:      None

       ABSTAIN:      None

         ABSENT:      Mr. Dulin, Mr. Kehrt

 

MOTION CARRIED

 

 

PB 120-06 Richard Schroeder, Block 21.03, Lot 10, Zone PO/R, 68-70 South Main Street, Major Preliminary and Final Site Plan

 

REPRESENTATIVES:             Donald S. Driggers, Esquire

                                                Richard Schroeder, Applicant/Architect

                                                Andrew Banff, Engineer

 

Tom Harvey and Jim Golubieski announced that they had listened to the recording of the previous hearing.

 

Mr. Driggers explained that this was a plan for two office buildings and heard testimony at the last meeting.  There were unresolved issues; one was the reorientation of the buildings.  Mr. Schroeder met with Mr. Kehrt.  There is an issue with regard the south of the property and landscaping.  Mr. Speer had supplied a list of outstanding issues, which everyone felt was helpful.

 

Mr. Harvey announced that he had an e-mail from Richard Preiss to Mr. Levy, the Twp landscape architect, dated May 14, 2007.  Mr. Stonaker did not think that Mr. Levy responded yet.

 

Mr. Schroeder indicated he changed the orientation of the buildings per his discussion with Mr. Kehrt. 

 

EXHIBIT A-1 (dated 6/7/07) Building A elevations, prepared by

EXHIBIT A-2 (dated 6/7/07) which was last meeting’s Old A-4, Floor plans for Building A

EXHIBIT A-3   (dated 6/7/07) Buildings B, south elevations and colors that will be used on both buildings

EXHIBIT A-4   (dated 6/7/07) First and Second Floor of Building B

 

The facades were not exactly alike.  He pulled back a portion on Building B and removed the stone on the façade.

 

Mr. Banff felt on-site and in front of the site, they would improve the condition on Old Trenton Road.  There was ponding in the area between Old Cranbury-Hightstown Road and the existing driveway.  They will redirect the runoff from the KHOV site.  The problem is that there is an existing storm water pipe connecting that was built at half the capacity it was designed creating a reduction in the design flow.

 

They will document the existing condition of the storm water pipe and route their system into that existing system.

 

Their peak flow should be less than what currently exists.

 

Mr. Wahlers was seriously concerned with the storm water and felt the board did not have enough data.

 

Mel Lehr  of 1 Liedtke Drive and Anthony Stack of 62 Lawbaw, both commented about the storm water problems that exist with KHOV/Four Seasons and how this would contribute to the problem.

 

The applicant had no comments with Mr. Feranda’s report.

 

Mr. Preiss suggested where the sidewalk to Old Trenton Road goes into the site and where the sidewalk to Liedtke Drive goes into the site that perhaps if there should be was a crosswalk strip across the driveway to make a sidewalk connection.  Otherwise, the changes were fine and they would work with Mr. Levy to his satisfaction.

 

Mr. Gerbrich asked if they would include the comment from the last meeting regarding the lighting.  Mr. Preiss said yes the idea was to use landscaping to block light.

 

Ms. Marcelli said she assumed that since there was no discussion on her report that there were no objection, and that the applicant would comply.

 

Mr. Feranda said there were some parking number corrections made on the plan.  There are 41 spaces that presently existed and they would be adding 55 new parking spaces for 96 parking spaces.  There are 93 required based on SF.  There are three additional spaces over the requirement.

 

Mr. Speer motioned for the approval of the Preliminary and Major Site Plan with the following conditions:

 

1.                   Approval of the storm water system and it’s interaction with the KHOV development and the Township engineer.  If she feels significant changes are necessary to make it work she will recommend it to come back to the board.

2.                    Plans to be modified to show stripping on the path leading to Leidtke Drive.

3.                   Use of the cellar restricted.

4.                   No Medical tenants.

5.                   Lights in the parking area should be illuminated from dusk to 11 p.m.

6.                   Completion arrangement of sewer service with the adjacent development,

7.                   Developer’s Agreement for fair share contribution on sewers.

8.                   Design waiver for import of top soil, must comply with ordinance.

9.                   No signage.  Must be approved by PB at later time.

10.               Approval of Fire Company.

11.               All township professionals’ reports.

12.               Outside agency approvals.

13.               Sidewalk along Old Trenton Road connecting to the existing crosswalk.

14.               Payment of growth share COAH.

 

Mr. Golubieski seconded the motion.

 

VOTE ROLL CALL

 

              AYES:      Mr. Golubieski, Mr. Panconi, Mr. Speer, Mr. Stannard, Ms. Weidner, Mr. Harvey

             NAYS:      Mr. Wahlers

       ABSTAIN:      None

         ABSENT:      Mr. Dulin, Mr. Kehrt

 

MOTION CARRIED

 

 

PB 101-05 Prologis Park Cranbury (South Park), Block 10, Lot 4 & 19, Station Road, Preliminary & Final Site Plan

 

REPRESENTATIVES: Richard Goldman, Esquire

                                               

 

Mr. Wahlers announced he listened to the recording of the last hearing.

 

Mr. Stonaker said that the PB denied this application on November 30, 2006.  The action was never memorized so the PB has retained jurisdiction.  There were several issues that were raised in the denial and a number of variances that were granted but in the end, there were traffic issues and issues relating the design that the board was concerned about.  What we have before us is a procedure approved by the courts as long as we currently have jurisdiction of the matter, which we do to make a petition for reconsideration by this board.

 

He suggested that all the board members present at that time and heard the matter continue to hear this matter and Mr. Wahlers has listen to the tapes and certifies so he can participate.

 

They were not delving on reconsideration of the whole application only reconsidering the issues that the Board felt were grounds for denial at the time.

 

Two major issues were the design standards and traffic problems.

Mr. Goldman felt the particular issue that brought them to an impasse were not that the applicant disagreed with the requirement or willingness to build a left turn stacking lane on Route 130.  Prologis was willing to address the lengthening; the issue of concern was the board felt we should not receive a C of O until that work was completed. 

 

He said that what none of us knew was whether or not DOT would allow them the proceed with  approval for doing that separate and apart of the global effort that was needed at the Station Road and Route 130 intersection which would tie into the new Alferi development.

 

If the DOT actually tied it all together, it could be a couple of years until DOT permitted that major intersection.  The applicant was not agreeable to having that, as a condition of CO, he would not be able get financing.

 

He added, of less concern were the articulations on the façade.

 

Mr. Stonaker said that the basis of denial was a safety issues with the traffic that the board did not know if it could or could not be resolved.  Mr. Goldman said it translated now into three issues.  As part of the redesign of the building façade, they did some landscaping work as well.

 

A question arose on the applicant reducing the landscaping.

 

In trying to improve the façade, Mr. Goldman said that one of the areas in which they found a savings, without design impact, was the landscaping.  They felt it was a reasonable step to do to achieve some of these goals.

 

Mr. Preiss said that he did not have such a problem with the landscaping reduction in the drainage basins but he did with the interior driveway and in front of Building #1.

 

Mr. Harvey announced that the board would retain jurisdiction and continue of June 21st.

 

 

ADJOURNMENT OF MEETING

 

There being no further business, on motion duly made, seconded, and carried, the meeting was thereupon adjourned at 10:50 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 June 7, 2007, consisting of 10 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 August 2, 2007.

 

 

                                                                                                                                   

                                                                        Josette C. Kratz, Secretary

 

 

/jck