Chairman Van Nest called the Planning Board meeting of ...



Vice Chairman Sireci called the Planning Board Business meeting of May 26, 2011 to order at 7:30 p.m. All stood for the Pledge of Allegiance. The meeting took place in the courtroom of the Municipal Complex.

Vice Chairman Sireci announced the meeting has been duly advertised according to the Section 5 of the Open Public Meetings Act, Chapter 231, Public Law 1975 (“Sunshine Law”).

ROLL CALL

|Mayor Gloria McCauley – Absent |Sam Conard, Chairman – Absent |

|Greg Burchette – Present |Steven Sireci, Jr., Vice Chairman – Present |

|Committeeman Frank DelCore – Absent |Marian Fenwick – Present |

|Steven Cohen, Secretary – Present |Tod Mershon (Alt. #1) - Present |

|Douglas Tomson – Present |Daniel Marulli (Alt. #2) – Present |

|Arthur Stafford-Taylor – Absent | |

| | |

Also present were Robert Ringelheim, P.P., A.I.C.P., Township Planner; Eric M. Bernstein, Esq., Board Attorney (Eric M. Bernstein & Associates); and Lucille Grozinski, C.C.R.

ACCEPTANCE OF MINUTES

None

ACCEPTANCE OF RESOLUTIONS

• Copart of Connecticut, Inc. 11-PB-03-SR

A motion to approve was made by Mr. Cohen, seconded by Mr. Mershon.

Roll Call: Ms. Fenwick – yes; Mr. Cohen - yes; Mr. Mershon - yes; Vice Chairman Sireci – yes. Motion carries.

• County of Somerset – Constructural Dynamics 11-PB-06-MRV

A motion to approve was made by Mr. Burchette, seconded by Ms. Fenwick.

Roll Call: Ms. Fenwick – yes; Mr. Burchette – yes. Motion carries.

BUSINESS FROM THE FLOOR

None

Vice Chairman Sireci said today we will be considering 4 ordinances. Due to a policy change a few years ago, the Planning Board notices people to change zoning when they are up for their first discussion and deliberation. This is an informal hearing. There is no requirement by law to notice it or even to have it but we do that to get people to talk about it and to see if something in it needs to be fixed before it gets to the level of being introduced to the Township Committee. From here any ordinance forwarded to the Township Committee would have to be introduced by them, then by State law it comes back to the Planning Board in between introduction and public hearing and then goes back to the Township Committee for the actual formal public hearing and vote on adoption. Tonight is the first of a four part process for these ordinances.

CONSIDERATION OF ORDINANCES

• AN ORDINANCE CHAPTER 188 (DEVELOPMENT REGULATIONS), ARTICLE V (DISTRICTS AND STANDARDS) OF THE CODE OF THE TOWNSHIP OF HILLSBOROUGH, COUNTY OF SOMERSET, STATE OF NEW JERSEY, TO CHANGE THE ZONE DESIGNATION FOR BLOCK 143, LOT 3 IN THE AG, AGRICULTURAL DISTRICT AND BLOCK 143, LOT 4 IN THE ED, ECONOMIC DEVELOPMENT DISTRICT TO THE GI, GENERAL INDUSTRIAL DISTRICT AND TO CHANGE THE ZONE DESIGNATION FOR BLOCK 151.09, LOTS 218, 219 AND 224 AND BLOCK 150, LOTS 1, 1.01, 1.02, 3, 4, 4.01, 5, 6, 7, 8, 8.01, 8.02, 9 AND 20 FROM THE ED, ECONOMIC DEVELOPMENT DISTRICT, TO THE AG, AGRICULTURAL DISTRICT AND TO CHANGE THE ZONE DESIGNATION FOR BLOCK 150, LOTS 10 AND 11 FROM THE ED, ECONOMIC DEVELOPMENT DISTRICT TO THE R, RESIDENTIAL DISTRICT

Robert Ringelheim, Township Planner stated there are 3 ordinances tonight that involve zone changes. All 3 were recommended in the 2011 Master Plan Amendment adopted earlier this year.

The map on the far left depicts the area that starts at the western end of Valley Road which involves Auten Road and Beekman Lane and New Centre Road. Right now this area is zoned ED, Economic Development. The ED Zone is a 50 acre corporate development zone. There is no major highway access in this area and very limited, if any infrastructure to support this development. It was recognized in the Master Plan as an area that should be looked at in terms of changing it. In this central area shown on the display in green has either been preserved as farmland or is being farmed right now. There are a few residential lots scattered throughout. There is only one lot in this area that meets the 50 acre minimum which has already been preserved. There are two vacant lots under common ownership shown at the top right corner, one of which is currently in the AG Agricultural Zone. These lots are adjacent to the Industrial Zone.

The recommendation is 3-part. The first is to change the 2 lots shown in brown to General Industrial since they are adjacent to the GI Zone. This would provide a little incentive for economic development were it is appropriate. These lots which are under the same ownership would conform with the minimum 5 acre requirement. The vast majority of this area is shown in green representing the ED Zone. That would be changed to Agricultural. The final area shown at the bottom in yellow includes the Auten Road School and one residential dwelling next to it. Both would be recommended to be put into the R Residential Zone which adjoins to the south.

Vice Chairman Sireci said the Master Plan Subcommittee reviewed this before coming here and recommend it. What it does is take 2 lots on Auten Road on either side of a railroad, and makes them General Industrial like the other land directly adjacent and allows them to be developed in an industrial use that would pay taxes. It also takes land that is preserved and land that is farmed in the Agricultural Zone. It takes a school and a residential lot and put them in a Residential Zone. It gets rid of a 50 acre Economic Development Zone where there is no highway access, preserved land, has been no impetus for many years to do any such development and there is no other 50 acre lot available.

Mr. Burchette said and it follows the recommendation from the State regarding the ED Zone.

Vice Chairman Sireci said with all zoning considerations you have two overall considerations: you need to conform with your Master Plan; and both your zoning and Master Plan need to conform with what the State considers good planning practices since the Municipal Land Use Law which governs all of this at the highest level is in fact from the State. We are trying to do exactly that here and change things so they make sense.

A motion to recommend to the Township Committee was made by Mr. Cohen, seconded by Ms. Fenwick.

No discussion from the Board of the Public.

Roll Call: Ms. Fenwick – yes; Mr. Tomson – yes; Mr. Burchette – yes; Mr. Cohen – yes; Mr. Mershon – yes; Dr. Marulli – yes; Vice Chairman Sireci – yes. Motion carries.

• AN ORDINANCE AMENDING CHAPTER 188 (DEVELOPMENT REGULATIONS), ARTICLE V (DISTRICTS AND STANDARDS) OF THE CODE OF THE TOWNSHIP OF HILLSBOROUGH, COUNTY OF SOMERSET, STATE OF NEW JERSEY, TO CHANGE THE ZONE DESIGNATION FOR BLOCK 180.01, LOTS 42, 43, 44, 45, 46, 47, 48, 49 AND 50 IN THE AG, AGRICULTURAL DISTRICT TO THE HS, HIGHWAY SERVICE DISTRICT

Mr. Ringelheim reviewed the second map showing Route 206 running north/south, the Montgomery municipal boundary, the rail line that runs diagonal and away from Route 206. The area in purple is now zoned AG, Agricultural that exists on Route 206. There are no properties preserved or being used as farmland in this area. There is a cemetery, the Audio Café retail store and the rest is vacant land. Above this is the HS, Highway Service District. There is a large parcel to the north which has a stream that runs through it which cuts off a piece of that parcel on the southern end which is a developable area. The thought is if this small area were to be developed, it could provide access into the back of the HS property to the north in order to develop that little area.

The recommendation based on the 2011 Master Plan Amendment is to extend the HS District zoning down into this area and eliminate the AG Zone here.

Vice Chairman Sireci said in reviewing this in the Master Plan Subcommittee, this is a very small cut-off island of land which has been left behind in the Agricultural Zone after other changes all around it. It is along the State highway and cut-off by the rest of the Township by a chunk of Highway Service Zone, and fits the 2011 Master Plan Amendment and Town Center Master Plan revision of 2005 for the HS Zone or something similar which was called the Transitional Zone. For a zone such as that to be on Route 206 further away from Town Center was considered to be a very appropriate change and gets rid of a small remnant of AG Zone which has not and never will be in agricultural use.

Mr. Ringelheim added it will combine with the larger HS Zone and will provide a common gateway to the Township from the south.

Vice Chairman said hopefully it will be developed in such a way commercially office wise to pay taxes rather than sit there as a vacant lot.

Discussion from the Floor

Rich Murphy – Belmont Road

• Mr. Murphy said I live in a subdivision behind the Belle Mead Garage. My house is actually in Montgomery Township but most of my property is in Hillsborough. I am not sure how this change would affect me. If I want to put a shed in my backyard is that now a non-conforming use? It is part of a residential lot which I believe is permitted in the Agricultural Zone. Is it a permitted use in the HS Zone?

Mr. Ringelheim said even though the residential is permitted in the AG Zone, our AG Zone requires a 10 acre lot. I do not believe the piece you have in Hillsborough equals 10 acres as a buildable lot. In terms of anything you want to do back there you will probably need a variance. If you do not sell and do not develop; that is fine. No one here is saying you have to do that but in the future if you sell that portion it would potentially be developable in Hillsborough.

• Mr. Murphy asked so what is the reasoning or benefit for rezoning my property?

Vice Chairman Sireci said if you were interested in selling it, it would increase its value to buyers, particularly if buyer owned the adjacent property because they could combine it with their property and create an application that utilized the full portion of their property plus yours to do something suitable to the HS District. Right now as a piece of the AG Zone it is of no use. It is too small to develop agriculturally and it is not farmland. Right now if you do not sell it; it is still your land. If you do sell it this would make it more valuable.

Mr. Ringelheim said the largest piece of land within this area we are looking at is just under 4.5 acres. None of the lots here are conforming as to the AG Zone.

• Mr. Murphy said I am not suggesting the AG Zone was correct. I am just not sure that HS is correct either. Is it that this access to the HS Zone will come through this subdivision behind the Belle Mead Garage.

Mr. Ringelheim said we are not anticipating access through Montgomery to the rear.

Vice Chairman Sireci said the anticipation was that the owner might be interested at some point to selling to the other people if they had in mind a development that would be accessed from the Hillsborough portion of Route 206. So that yours would be joined with theirs.

• Mr. Murphy said a while back there was a Stream Protection Ordinance. Is that still in place?

Mr. Ringelheim said yes.

Vice Chairman Sireci said that means within 150 ft. of the stream they cannot put buildings inside of there.

Mr. Ringelheim said I pointed out there is a large stream that runs through the larger property to the north.

Mr. Burchette said more importantly to you are the wetlands.

Vice Chairman Sireci said the wetlands are protected by the State. You would need permission from the NJDEP for any development, which is not easy to come by. In addition, the Township has the Stream Corridor and Critical Areas, generally being slopes that are too steep.

• Mr. Murphy asked the timing of the process.

Vice Chairman Sireci said the actual adoption of the zone takes a few months because of the three more steps you have to go through and the notice that is required. You will get the notice before the public hearing before the Township Committee which would take place prior to adoption.

Brandy Nadal – 35 Belmont Road

• Ms. Nadal said I am opposed to this rezoning and do not understand it. Almost every single one of lots 46, 48, 49 and 50 are all the back yards of my neighbors across the street. That is their property. If they cut us off; they have no backyards. The septic system of the neighbor directly across the street from me is in Hillsborough. He cannot get rid of his property otherwise he will not have a working plumbing system. I do not understand why you would want to do this.

Mr. Ringelheim said she is talking about 4 lots, none of which equals an acre in size. These are the lots at the end of the triangle (display).

• Ms. Nadal said almost all of Lot 45 almost going all the way up to Route 206. That runs up against our development.

Vice Chairman Sireci asked Mr. Ringelheim, are there more than 3 lots?

Mr. Ringelheim said there are 9 lots and I believe 9 owners.

Vice Chairman Sireci said whoever cannot sell it does not have to.

• Ms. Nadal said I understand that. I am saying I am against it. I would just hate to see assets put through there from Route 206 running back to where I can see a roadway with trucks going through to wherever for whatever is going to be put in that larger parcel.

Vice Chairman Sireci said that could happen at any time. That larger parcel is developable. If no one sells the smaller lots it will not change and will not get closer than that.

• Ms. Nadal said I am very much against it. I do not want to see a warehouse in my front yard or my neighbors.

A motion to recommend to the Township Committee was made by Mr. Burchette.

Albert Nittolo

• Mr. Nittolo said I am the only house residence from Mountain Avenue to Montgomery. How would I be able to have my lot rezoned to the HS Zone?

Mr. Ringelheim said Mr. Nittolo’s lot is to the north of the larger lot. It is past the Century Link and Glass Shop businesses, near the carwash. Your property is now in the C-1 Commercial Zone. By changing it to the HS you actually take away retail options you now have. The lot size does not change, you still need 2 acres which your lot does not have and is one of the problems. I do not see how changing the zoning of your property would help you in any way.

• Mr. Nittolo commented further on rezoning his property.

Mr. Ringelheim said we cannot just spot zone your property. We would also have to change the zoning of the Century Link and Glass Shop as well. I am not sure that would benefit them or not. That is something we can keep under advisement but I would think we would need to do more research before we went out and changed people’s lots. Right now the zoning in this area has not come up but we can look at that sometime in the future.

Vice Chairman Sireci said what you are speaking of is not part of what we are doing here. Bob is always talking to people to see what can be done better to get more businesses built. It would be premature for us to just add your property in tonight. We would need to discuss the matter further with the other property owners. It is a separate issue. You can get that started with Bob but you may find that the HS Zone does not help your property. Make sure you are doing the right thing for yourself. What we do here involves a process. You can start that process with Bob.

Mr. Ringelheim advised Mr. Nittolo to come into the office when you have a chance so we can discuss it.

A second was made by Mr. Tomson.

Roll Call: Ms. Fenwick – yes; Mr. Tomson – yes; Mr. Burchette – yes; Mr. Cohen – yes; Mr. Mershon – yes; Dr. Marulli – yes; Vice Chairman Sireci – yes. Motion carries.

• AN ORDINANCE AMENDING CHAPTER 188 (DEVELOPMENT REGULATIONS), ARTICLE V (DISTRICTS AND STANDARDS) OF THE CODE OF THE TOWNSHIP OF HILLSBOROUGH, COUNTY OF SOMERSET, STATE OF NEW JERSEY, TO CHANGE THE ZONE DESIGNATION FOR BLOCK 202, LOTS 3, 4 AND 23 IN THE LI, LIGHT INDUSTRIAL DISTRICT TO THE HS, HIGHWAY SERVICE DISTRICT

Mr. Ringelheim continued with the final zone change ordinance. The map on the right shows the area almost directly across the street from the previous map. You can see the railroad going off in a tangent from Route 206; Hillsborough Road is at the top; and the new Bypass will end at Mountainview Road which is across the street. What happens in affect by this is that the Bypass, railroad and Route 206 create this isolated piece of land. Right now it is zoned LI but by isolating this land we think it would be more affective to rezone it HS which is the same zoning as across the street. This way we would have a uniform entrance into the Township. Again, this was recommended in the 2011 Master Plan Amendment and avoids what we think in the future would create a split zone if we do not do it because of the Bypass. The lot shown in purple, included in the new zoning is owned by the State so that would not be developed. The only area that would be developed is the darker purple area but everything shown in purple would have a zoning change.

Vice Chairman Sireci said the lot that would be developable as a result of this would be bordered by the Bypass and the continuance south of there, and by a railroad. So a State highway and a railroad bound the entire property.

Mr. Ringelheim said there is one large piece and one small piece which is less than an acre.

Vice Chairman Sireci said again when the Master Plan Subcommittee looked at this it fits the 2005 and 2011 plans to make use of the Route 206 Corridor with the Town Center in the middle, the Gateway Zones outside of that and then the Highway Service Zones beyond that. This piece of property being bordered by a freight railroad and a State highway on all sides, it seems ideal for the type of commercial development permitted in the Highway Service Zone.

Mr. Ringelheim said there is one other item recommended that was not in the Master Plan. It is to create a new conditional use in the HS Zone which would permit “big box” retail stores over 75,000 sq. ft. These stores are not the type of store that would be located in Town Center so this would probably be a good location. There is a minimum lot size of 25 acres. Within the HS District, the only pieces that could possibly qualify would be the piece in question, the piece across the street and the piece by Brown Ave. At the most you are looking at 3 potential sites for a big box retailer. Again there would be buffering provided and all sorts of regulations they would have to meet before they could be approved as a conditional use.

Vice Chairman Sireci said at least with this piece of property the buffering is not as much of an issue since only railroad and highway border it.

Mr. Mershon asked what the main differences are between the current zoning and proposed.

Mr. Ringelheim said the LI District is Light Industrial so it does not permit commercial uses like retailing. It allows warehousing, indoor recreation, office research and things like that.

No questions/comments from the floor.

Mr. Burchette asked Mr. Ringelheim to explain the ‘big box’ matter.

Mr. Ringelheim said a ‘big box’ is defined in the proposed ordinance as: A singular retail or wholesale user who occupies no less than 75,000 sq. ft. of gross floor area (FAR), typically requires high parking to building area ratios, and has a regional sales market. Regional retail/wholesale sales can include, but are not limited to, membership warehouse clubs that emphasize bulk sales, discount stores, and department stores. The minimum lot size is 25 acres.

Mr. Cohen said ‘big box’ stores are gone and not coming back for a very long time. Major developers are having great difficulty filling the ones they have. We can plan for it but it is not going to happen. There is no money to build them or fill them.

Mr. Burchette added, right now.

Vice Chairman Sireci said my wife and I are members of a few wholesale big box stores and they are always busy. How about that market?

Mr. Burchette said it does not hurt to plan for the future and put this in the ordinance.

Mr. Ringelheim said I think the market is pretty much down on commercial development in all sectors now but you have to plan for the next 5 years when things will get better.

Mr. Cohen said the next big thing is mixed use development.

Mr. Ringelheim said I am happy to hear mixed use is coming because our Town Center certainly can use that. In the meantime, if we zone it for something perhaps it will come.

Vice Chairman Sireci said I would like to point out that the Highway Service Zone, unlike the Light Industrial Zone, does allow for planned mixed use developments as a conditional use. I think the basic change from LI to HS makes sense. We do not have to include the big box part of it if we do not want.

Ms. Fenwick said by the Bridgewater Commons and in Flemington you see a lot of specialty stores. They have developed an area just for specialty stores. Would something like that be permitted into this area as well?

Mr. Ringelheim said this is not a retail zone. We would allow big box retail only subject to the conditions imposed. We are trying to keep the general smaller retail up toward the Town Center area. We do not want to have the competition of developing another area as Town Center would develop.

A motion to recommend to the Township Committee for introduction was made by Mr. Burchette, seconded by Ms. Fenwick.

Roll Call: Ms. Fenwick – yes; Mr. Tomson – yes; Mr. Burchette – yes; Mr. Cohen – yes; Mr. Mershon – yes; Dr. Marulli – yes; Vice Chairman Sireci – yes. Motion carries.

• AN ORDINANCE AMENDING CHAPTER 188 (DEVELOPMENT REGULATION), ARTICLE IV (DESIGN AND PERFORMANCE STANDARDS) OF THE CODE OF THE TOWNSHIP OF HILLSBOROUGH, COUNTY OF SOMERSET, STATE OF NEW JERSEY, IN ORDER TO AMEND SECTION 188-38 TO CLARIFY THE REQUIREMENTS FOR BUFFERS AND CONSERVATION EASEMENTS

Mr. Ringelheim said the final ordinance being proposed does not involve a zone change. It involves a revision to the existing regulations on buffers. For the past few years at this Board, we have talked about conservation easements which are basically buffers that have legal protection beyond and above normal. What I am proposing is to take our buffer section from the Ordinance and beef it up to include conservation easements. We have had discussions with applicants as to what can and cannot be put in these buffer/conservation areas ranging from stormwater basins and other structures. However, in the existing buffers you can put walls and fences so structures are permitted. What we are clarifying here is that we are going to permit structures that create more screening and more features that reduce light and noise spillover.

If we create a conservation easement and allow a stormwater basin, the basin would have to be designed to be landscaped appropriately so that it does the same type of screening that a berm, fence or any other type of screening would permit.

A motion to recommend to the Township Committee was made by Ms. Fenwick, seconded by Mr. Burchette.

Roll Call: Ms. Fenwick – yes; Mr. Tomson – yes; Mr. Burchette – yes; Mr. Cohen – yes; Mr. Mershon – yes; Dr. Marulli – yes; Vice Chairman Sireci – yes. Motion carries.

PLANNING BOARD BUSINESS

None

CORRESPONSENCE

None

ADJOURNMENT

The meeting adjourned at 8:13 p.m.

Submitted by:

Debora Padgett

Planning Board Clerk sq. ft where sq. ft is allowed

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