TOWNSHIP OF FRANKLIN PLANNING BOARD COUNTY OF SOMERSET, NEW JERSEY. REGULAR MEETING January 17, 2018

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1 TOWNSHIP OF FRANKLIN PLANNING BOARD COUNTY OF SOMERSET, NEW JERSEY REGULAR MEETING January 17, 2018 The regular meeting of the Township of Franklin Planning Board was held at 475 DeMott Lane, Somerset, New Jersey and was called to order by Mark Healey, Planning Director, at 7:30 p.m. The Sunshine Law was read, the Pledge of Allegiance said and the roll was taken as follows: PRESENT: ABSENT: Councilman Chase, Carl Hauck, Alex Kharazi, Cecile MacIvor, Robert Mettler, Mustapha Mansaray, Charles Brown, Robert Thomas, Jennifer Rangnow, Godwin Omolola and Chairman Orsini None ALSO PRESENT: Mr. James Clarkin, Board Attorney, Mark Healey, Planning Director, and Christine Woodbury, Planning and Zoning Secretary OATH OF OFFICE: Mr. Clarkin, Board Attorney, administered the Oath of Office to the following members: Michael Orsini Theodore Chase Robert Thomas Carl Hauck Alex Kharazi Jennifer Rangnow REORGANIZATION: Nomination/Selection of Chairperson Ms. Cecile MacIvor made a motion to nominate Dr. Michael Orsini for Chairperson, and Mr. Omolola seconded the motion. Hearing no additional nominations being brought forward, Mr. Healey closed the nominations. He then called for a vote and all were in favor.

2 Nomination/Selection of Vice Chairperson Chairman Orsini made a motion to nominate Ms. Cecile MacIvor to the position of Vice Chairperson and the motion was seconded. Hearing no other nominations being brought forward, the Chairman closed the meeting for nominations. He then called for a vote, and all were in favor. Appointment of Board Attorney Chairman Orsini indicated that they would have to interview the one selection that the Planning Board had asked to attend. He went on to state that, in the interest of transparency, they had received two (2) applications, but that the Planning Board had the right and can choose, by law, to only interview one of the firms. Chairman Orsini then stated that they had chosen the firm of Clarkin & Vignuolo to interview that evening. There were no questions from the Board, but Mr. Clarkin indicated that he and Mr. Vignuolo would again be happy to serve the Planning Board for another year. Chairman Orsini then asked if Mr. Clarkin and Mr. Vignuolo would be able to discharge their duties as Planning Board Attorney as they had in the past. Mr. Clarkin answered that they would discharge their duties in the same manner with which they had done in the past and that the fee structure would stay the same. Mr. Healey reminded the Chairman that they would have to open the meeting to the public, per the bylaws. Mr. Mettler then made a motion to open the meeting to the public. Seeing no one coming forward, Mr. Mettler then made a motion to close the meeting to the public. Mr. Omolola seconded the motion and all were in favor. Resolution Appointing Board Attorney Chairman Orsini then made a motion that the law firm of Clarkin & Vignuolo be appointed as the Planning Board attorney. Mr. Mettler seconded the motion, and all were in favor. Witness Oath Director of Planning, Mark Healey Mr. Clarkin then administered the Witness Oath to Mr. Mark Healey, Director of Planning. 2

3 MINUTES: Regular Meeting December 6, 2017 Vice Chair MacIvor made a motion to approve the Minutes as submitted. Chairman Orsini seconded the motion and all were in favor. RESOLUTIONS: Sycamore Development / PLN (concept) Vice Chair MacIvor made a motion to approve the Resolution for the concept portion of the plan for 20,000 sq. ft. lots vs. 15,000 sq. ft. lots. Chairman Orsini seconded the motion and the roll was called as follows: FOR: AGAINST: Councilman Chase, Mr. Hauck, Vice Chair MacIvor, Mr. Mettler, Mr. Mansaray, Mr. Brown, Mr. Thomas, Mr. Omolola and Chairman Orsini None 3G Developers / PLN Chairman Orsini made a motion to approve the Resolution as submitted. Ms. Rangnow seconded the motion and the roll was called as follows: FOR: AGAINST: Councilman Chase, Mr. Hauck, Ms. Rangnow, Mr. Omolola and Chairman Orsini None Paradise Adult Healthcare / PLN Vice Chair MacIvor made a motion to approve the Resolution as submitted. Chairman Orsini seconded the motion and the roll was called as follows: FOR: AGAINST: Councilman Chase, Mr. Hauck, Mr. Kharazi, Vice Chair MacIvor, Mr. Brown, Mr. Thomas, Ms. Rangnow, Mr. Omolola and Chairman Orsini None 3

4 DISCUSSION: Use of Microphones Chairman Orsini addressed the issue of the use of microphones with Christine Woodbury, Planning Board Secretary, asking that all Board members as well as the public and any witnesses speak directly into the microphones so that all testimony and discussions can be captured by the Recording Secretary. Also requested was that the public, witnesses and Applicant attorneys please say their name and spell it so that information can also be recorded correctly. PUBLIC COMMENTS: Mr. Clarkin, Board Attorney, asked that the record reflect that there was no public in the chambers at that time. COMMITTEE REPORTS: There were no Committee Reports discussed. WORKSESSION/NEW BUSINESS: Corporate Area Zoning Mr. Vincent Dominach, Economic Development Director, stated that the Township Council had made economic development a priority in the last year and a half, and had a standing committee of councils for that purpose. He indicated that they had an outside consultant to do a community marketing analysis. Mr. Dominach added that as a result of the analysis, they had provided strategic zoning & economic development recommendations. He noted that those recommendations were the subject of public discussion that several of the Planning Board members, including the Planning Board Chairman and the Zoning Board Chairman attended. He then noted that at that meeting, the consultant went over several recommendations in regard to some strategic plans and structural things that could be done. He told the Board that what they were there tonight to speak about was the recommendations that were gleaned from the strategic zoning & economic development report for the CB, M-1 and M-2 Zones. He then told the Board that they would be giving them some initial thoughts in about a month or so on what the plan had to do with regard to Hamilton Street since that was a more in-depth discussion. Mr. Dominach then added that Mr. Healey would go over the substance of the recommendations. He then noted that the basic idea was to make it simple and accurately reflect the type of land use patterns that they expect to occur. Mr. Dominach described the fact that the State and most of the country was having problems with old, larger sq. ft. office buildings and need to take a look at some of the 4

5 different things that could be done. He then stated that if everyone on the Board was agreeable to the recommendations, then they would have a Master Plan amendment prepared within the next month or so at a hearing so that it could be formally adopted and send the ordinance over to the Township Council. Mr. Healey then indicated that 4ward Planning was the consulting firm that was working on the economic development recommendations. He stated that the plan discussed by Mr. Dominach and given to the Board members that evening made a number of recommendations with respect to the Corporate Business zone and the M-1 and M-2 zones. Mr. Healey then told the Board that he and Mr. Dominach worked together for the better part of a day evaluating those recommendations and, based on their collective experience, added their own. He then indicated that they had put together a memo, dated January 11, 2018, which basically outlined some of the major recommendations in the 4ward Planning Study, along with their additional observations and recommendations. Mr. Healey stated that the 4ward Zoning study identified several key factors, including the office vacancy issue. He noted that they had also addressed that issue in the reexamination of the Master Plan in Mr. Healey noted that changes in technology, and changes in business practices was the causes and that Franklin Township was not alone in vacancies of large office buildings. He added that experts have opined that it was not a recession issue, but was a permanent change and they needed to address it. He then stated that the Corporate Business zone was a large part of the Township s tax base, so it was important that they position that area in a way that continues to create jobs and continues to support the Township s tax base. Mr. Healey then drew the Board s attention to the trends that were observed in the study, such as e-commerce and the need and demand for warehousing and light distribution in Franklin Township because of its regional location. He stated that they had had a number of applications before the Zoning Board for warehousing and light manufacturing in our Corporate Business zone, but since it was not permitted there, they had to go through the steps of obtaining a Use Variance. In addressing the 4ward Planning study, Mr. Healey indicated that some of the main recommendations were of the expansion of the M-2 Zone, the light manufacturing zone that permits distribution and warehousing as well as office buildings. He added that there was an additional recommendation to consolidate the M-1 and M-2 Zones, with the possibility of also consolidating them with the Corporate Business Zone. Mr. Healey then proceeded to go through where those zones were located within the Township utilizing a computerized map, for the Board s edification. He pointed out the area near Randolph Rd. as an M-1 zoned area that had a minimum of 5 acre lots. Mr. Healey explained that the M-2 Zone was a very similar area that had some of the same permitted uses. He then noted that the only difference between the two zones was that the M-1 Zone required 5 acres and the M-2 Zone only required 2 acres, for reasons unbeknownst to either Mr. Healey or Mr. Dominach as far as planning purposes was concerned. 5

6 Chairman Orsini then opened a discussion regarding the operations of House Foods and whether it would be able to operate on 2 acres of property. Mr. Healey stated that the recommendation of consolidating the M-1 and M-2 Zones to allow for smaller scale operations, with setbacks, buffering, building coverage and impervious coverage limitations required. Mr. Healey then discussed the M-2 Zone, located along Elizabeth Avenue and another one along World s Fair Drive, with a small area on Cedar Grove Lane where the Procure facility was located. Additionally, Mr. Healey stated that there was another M-2 Zone near Veronica Avenue and Roosevelt as well as another off Hamilton Street that had a few light industrial uses. Lastly, he noted that the Corporate Business Zone was centered along Davidson Avenue, Pierce Street and Atrium Drive. He spoke again about consolidating all of the zones into one, allowing for the same uses on all the properties presently in the M-1, M-2 and CB Zones. Mr. Healey also told the Board that the study also recommended broadening the list of uses, allowing for indoor sports and recreation, showroom retail. He mentioned that they just had a discussion with a warehousing use wanting to have a showroom and tours, but that it was not currently allowed in the zone. Mr. Healey then stated that there was a recommendation to allow for assisted living facilities, and was consistent with the Master Plan of 2016, acknowledging the aging population in the Township as well as the inclusion of educational uses such as karate schools, trade schools and exercise facilities. He then discussed the fact that there would have to be enough parking for these enterprises, which was determined by the ordinance. Mr. Clarkin echoed the comments of Mr. Healey and Mr. Dominach and stated that they were doing the exact same thing in Piscataway along Centennial Avenue and were now allowing for showroom space increasing from 5% to 15%. Mr. Healey indicated that the Township was in competition with towns like Piscataway and don t want to turn people away, even though the site could accommodate the use, because it was not permitted. Mr. Healey then discussed some observations that indicated that the M-1, M-2 and CB Zones permitted the same types of uses, with the exception of warehousing and light manufacturing now being allowed in the CB Zone. He also noted that the M-1 and M-2 Zones permitted extended stay hotels, but not regular hotels or conference facilities. Also mentioned was that retail showrooms were permitted at 5%, but only in the M-1 Zone and not in the M-2 Zone. Mr. Healey then stated that indoor recreation was allowed in the M-1 and the M-2 Zones, but not in the CB Zones. A discussion ensued among the Board, and Mr. Mettler discussed the differences in lot size requirements from the M-1 and M-2 Zones going back to the size of the properties before they were developed. In summary, Mr. Healey stated that in combining the M-1, M-2 and CB zones, the uses that were permitted in the different zones would all be permitted in the combined zone. He stated that that could also include data centers and they could be open to increasing further the suggested increase to 10% for retail showroom space. The inclusion of assisted living facilities, trade schools and skills oriented uses such as CrossFit or 6

7 karate schools, fitness centers that would be subject to specific parking requirements as well as sit down restaurants. He suggested that once they got into the ordinance, they might want to talk about how they wanted to define sit down restaurants. Mr. Kharazi then inquired about regular schools in this combined zone. Mr. Healey stated that schools were permitted in almost every other zone, except for the M-1, M-2 and CB Zones, and those that were in those zones presently were there by Use Variance. Mr. Healey then stated that they equated trade schools or other skills-type schools as similar to an office use where students come to learn a skill on a computer as opposed to school children being bused into an industrial type zone. A discussion ensued among the Board, and Mr. Thomas noted a number of situations where they had some of these uses already in place that were successful. Mr. Thomas went on to say that he would like to see larger warehousing operations broken down by size, possibly limiting those kinds of larger uses to be placed close to Rte. 287 access to eliminate the truck traffic travelling all through the Township. Mr. Healey indicated that combining the zones and uses would only add warehousing uses to the CB Zone, where it wasn t currently permitted. He stated that he didn t think that would create the issue that Mr. Thomas was talking about because that area had immediate access to Rte Mr. Thomas said that if they would entertain the inclusion of warehousing in the CB zone area, he suggested that a traffic signal be restored at World s Fair Drive and Easton Avenue. Mr. Mettler joined in the discussion stating his agreement with Mr. Thomas statements and noting that adding warehousing to Davidson Avenue would cut into the premiere business area it is. Councilman Chase reiterated his agreement with Mr. Mettler, stated his concern for adding warehousing to Davidson Avenue, which might make the hotels less attractive. Mr. Dominach then entered the conversation, saying that as long as it was a clean manufacturing operation such as the one that recently moved into the exhibit center, it was not a negative to the nearby hotel uses. He further stated that he and Mr. Healey could look further into that concern and see if there were any controls that could be put in place to avoid an issue with truck traffic. A discussion ensued among the Board. Mr. Clarkin then spoke about the town of Piscataway limiting their warehouse fulfillment centers to be within ½ mile of a Rte. 287 interchange and only where there was a two lane highway in each direction and only where there was adequate traffic signals and a study that indicated that there would not be a sharp reduction in the levels of service. He added that they had placed all of the truck bays of any warehousing facilities facing to the rear so they were not facing the main road creating an eyesore. Mr. Clarkin then mentioned the old GE Healthcare 19-acre campus with multiple buildings was being demolished by a developer to build a 275,000 sq. ft. warehouse and fulfillment center. He then spoke of other smaller warehousing operations that were vying for smaller spaces as well. Mr. Dominach agreed with Mr. Clarkin about the opportunities for smaller warehousing and felt that Davidson Avenue no longer had the traffic it once did when all of the office buildings and hotels were filled and could absorb some additional truck traffic. 7

8 Chairman Orsini tried to sum up the conversation, agreeing with Mr. Clarkin s view that there was a certain character of a street or neighborhood where they might want to keep things in the area a certain way that was not commensurate with a warehouse use. He also added that there might be other areas where they might want to encourage that use. The Chairman did also agree with Mr. Clarkin that controls could be put in place. Mr. Healey indicated that he was very confident that they could address both the truck issue as well as preserving the character of certain areas. He added that both Davidson Avenue and World s Fair Drive both had a suburban character to the industrial park, which came from the requirement of having a 50 ft. setback as well as not being allowed to have parking within the setback. Mr. Healey stated that they had already agreed to maintain those requirements as well as come up with some landscaping requirements for that frontage for any new projects. He then recommended that they do look at the distribution of trucks and their circulation within the area. Mr. Healey then added that they planned on looking at the buffering requirements and the setback requirements, especially because there were some areas where these zones abut residential zones and would want to maintain the larger setbacks and large buffering standards in those areas. Lastly, Mr. Healey brought up a couple of footnotes that exclude or allow a hotel to go up to 12 stories. For various reasons, including community impact and the perceived lack of demand for hotel use, he stated that he would recommend getting rid of that exception and requiring hotels to comply with the same height restrictions as all of the other permitted uses. He then told the Board that, for whatever reason, the hotels were exempt from the floor area ratio requirement, which was the percentage of building mass of a structure. Mr. Healey then stated that he felt that they should be held to the same standards as other approved uses in the zone. He then drew the Board s attention to the setback and parking requirements, where in some cases the parking requirements were too high for the current business practices of the offices. Mr. Healey then stated that what was presented was what was studied and that they would look at the issues that the Planning Board raised that evening and, if the Board was agreeable, they would prepare a Master Plan amendment that would address the issue and at the same time prepare the ordinance so that the Board could look at them both at the same time. He suggested that they could review that at a subsequent meeting, perhaps at the second meeting in February. Mr. Kharazi then opened a discussion on what effect the changes would have on property values, especially in the areas that abutted residential zones. Mr. Healey explained that they were trying to add the flexibility to the ordinance to allow businesses that we would like to have in that location in the Township and that would not have a significant impact. He then added that it would be the staff s job as well as the Board s job to make sure that there were adequate protections in place as discussed that evening for the potential uses that could come to the area. Ms. Rangnow then opened a discussion regarding increasing the higher percentage for retail space in warehouses. Mr. Dominach explained that even raising the percentage 8

9 from 5% to 15% would have a very minor impact. Mr. Clarkin then discussed the traffic impact from these retail spaces, and stated that the impact has been very minor in the areas he was familiar with in Piscataway. A discussion ensued among the Board. Chairman Orsini then asked Mr. Dominach if he marketed to attract businesses to want to come to the Township in his role as Economic Development Director. Mr. Dominach stated that it was his job to get the information out to developers and real estate agents so that people will know that a change in zoning was going to occur. He then added that it would also inform the owners of the properties in those areas that they had different options related to their properties. Additionally, Mr. Dominach stated that they were going to be doing branding with a logo for the area they were discussing that evening and would be incorporating signage to reflect the new type of development that was being encouraged. Mr. Kharazi then suggested that the Township look at what Piscataway has done and other towns nearby to see what they have done to leverage some of the good things that had been successful so that they wouldn t have to start from scratch. Mr. Dominach stated that the study was done looking at what other municipalities had done. Mr. Healey also reiterated that sentiment and would be looking to incorporate things that other municipalities similar to Franklin Township had done that they felt would work well here. Mr. Dominach indicated that they would provide feedback from the Planning Board to the consultant from the meeting that evening and they would be involved in the process. Mr. Mettler then discussed what previous Economic Coordinators for the Township did in attracting new business into the Township, noting that the developers were the most effective people to go to. Secondly, Mr. Mettler added that they should consider working with the existing economic community to make sure that they were happy in their location in the Township so that they might spread the word. The Board agreed to have staff prepare the Master Plan and ordinance in time for further discussion at a future meeting. Mr. Dominach added that within the next month or so, they would be asking the Planning Board to begin a discussion on the Hamilton Street recommendations to break up that street into three (3) different types of zones, with very similar uses but allowing for something a little bit different. ADJOURNMENT: Vice Chair MacIvor made a motion to adjourn the regular meeting at 8:40 p.m., the motion was seconded and all were in favor. Respectfully submitted, Kathleen Murphy, Recording Secretary January 23,

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