The Franklin Reporter & Advocate Eight Villages, One Community
A series of 30 court-mandated conditions for the approval of two controversial warehouses near the Canal Walk housing development was adopted by the Planning Board at its August 6 meeting.
The conditions will be forwarded to state Superior Court Judge William Mennen, who in April overturned the Board’s 2023 denial of the project and in the process excoriated the Board for its action taken against the so-called B9 warehouses.
Mennen’s order approved the project and remanded it back to the Board for the creation of the “reasonable conditions” for that approval.
Mennen’s action is under appeal by the Township and also a group of Canal Walk residents.
As they had during the numerous Board hearings on the application two years ago, about 200 residents – mostly from Canal Walk – crowded into the Board of Education’s community room on Route 27 to hear the recommendations, which were drawn up by Mark Healey, the Township’s Director of Planning, and Darren Mazzei, the Board’s engineer.
The public was given a chance to comment on the recommendations, but Board chairman Michael Orsini noted at the start of the meeting that the public session was a “courtesy” and that nothing the public said would change any of the recommended conditions.
Orsini also precluded any Board discussion of the recommendations.
“I don’t want to add to the record,” Orsini told Board member Robert Thomas when Thomas attempted to start a discussion.
Peter Lanfrit, the developer’s attorney, objected to the public portion, saying his interpretation of Mennen’s order was that the conditions should be discussed between his client and the Board, and not the public.
“It clearly indicates that the board is to interact with the plaintiff to come to certain conditions, not the public,” he said. “Further, historically, and I’ve handled land-use applications for 50 years, I have never seen a situation where the public gets involved with the imposition of conditions. In this town or other towns, the board will make a decision, and in deliberations, the board, in conjunction with discussions with the council, will impose reasonable conditions.”
“The public portion of this meeting was closed in 2023, and I don’t believe it can be opened for public discussion,” Lanfrit said. “The board is going to do what they want to do, but I’m going to object to any public input.”
“I will assure you that the public input is for courtesy and will not be considered by the board because these conditions have already been worked out with staff professionals and these are our recommendations,” Orsini told Lanfrit. “We will listen to them as courtesy. It will not change anything that you see before you tonight.”
Lanfrit said that his client had recommended 15 conditions, not 30 as the Planning Board was considering.
Lanfrit objected to two of the Board’s recommended conditions, one of which dealt with the Township’s nuisance ordinance – it’s redundant because the developer has to comply with all Township ordinances, Lanfrit said – and the second of which prohibited any hazardous material use in the warehouses.
Lanfrit said his client’s engineer said hazardous material use was not anticipated, but never agreed to prohibit it.
Lanfrit asked Orsini to confirm that the Board would not remove those two conditions.
“I’m not in a position to change because those were recommended by the staff professionals and I think we would stand behind them. I’m not going to comment on their validity,” Orsini said. “The board ultimately will decide whether to approve or deny some or all of the conditions that’s ultimately there.”
Michael Gan, an attorney representing the citizen’s group opposing the warehouses, had three suggested conditions.
The first was if the B9 project agrees to use its property for any other project, such as a 621,000-square-foot warehouse proposed for the property next to B9, that the B9 developer be required to submit another application for approval.
The second was that required groundwater table testing be conducted during the months of January through April as required by the state, not July and August as they were for this project.
The third proposed condition was that no clearing of property or development be done until after all necessary approvals are obtained.
Bernstein told the Board that none of those proposed conditions needed to be added to what the Board was considering.
Several residents also offered their suggestions, which included considerations for pollution and excessive noise.
The 30 approved conditions, and their rationales, are:
1. Full compliance with the report of Mark Healey, dated March 10, 2023 and the report of CME, dated May 23, 2023 except as may be modified herein.
Explanation: Compliance with staff reports (except as may be modified by the Board) is a standard condition of all Board approvals.
2. Full compliance with the Township Fire Prevention and Police Departments and Somerset County Health Department reports, except as may be modified herein.
Explanation: Compliance with staff reports (except as may be modified by the Board) is a standard condition of all Board approvals.
3. The eastern driveway shall be redesigned preventing left hand turns for all vehicles, including trucks and passenger vehicles, with the appropriate signage, curbed island with a small radius along Schoolhouse Road preventing passenger vehicles and trucks from turning left, to the satisfaction of the Township Engineer.
Explanation: The Township Engineer originally requested the applicant construct a third driveway to separate out truck and passenger vehicle traffic with one of the main goals being that trucks could not make the left hand turn at Schoolhouse which has a 4-ton weight restriction. It is our understanding that the applicant finds restricting left hand turns for both trucks and passenger vehicles acceptable for this intended use, therefore the redesigned eastern driveway can accomplish this goal. The applicant stated during hearing that there would be limited passenger vehicle movements during the day (mostly at the start and end of shifts) so potential conflicts would be limited.
4. Revise the landscape plan to the satisfaction of the Township Director of Planning for the buffer along Mettlers Road so that the majority of the tree plantings shall be deer resistant, fast growing evergreens (rather than deciduous). The buffer shall provide more of a year-round evergreen buffer with emphasis on planting of evergreen trees in front of the building and near the fence area and generally providing a solid evergreen screen with deciduous trees added as a supplement to the solid evergreen screen, to provide interest and variety within the buffer.
Explanation: The Applicant agreed to the above at the hearing in response to the Board and its professionals’ comments.
5. Revise plans to show the necessary relocation of trees that were requested by the Intervenor’s engineer in the vicinity of the basin retaining wall (estimated by the Intervenor’s engineer to affect 50-75 trees) to inside the constructed wetland (i.e., the manmade wetlands consistent with NJDEP stormwater management rules) and/or elsewhere within the buffer along Metters Road. The overall number and size of trees in the required buffer along Mettlers Road shall not be reduced in comparison to that presented to the Board.
Explanation: During the hearing the applicant agreed to relocate the trees in question per the Intervenor’s engineer’s recommendation.
6. An updated Flood Hazard Area verification was issued by the NJDEP on June 13, 2024. It appears that proposed grading, walls, berms and stormwater features shown on the site plan, last revised on February 21, 2023, are in the updated Flood Hazard Area. The applicant has two (2) options: 1 – Obtain FHA Individual Permitting. Obtaining the permit will require a stormwater management redesign for the latest rule stormwaters rules per the NJDEP requirements; or, 2 –Relocate the improvements outside of the FHA negating the need for a permit. Revised plans must be submitted to the Township Engineer and Township’s Planning Director to address this issue. The overall number and size of trees in the required buffer along Mettlers Road shall not be reduced in comparison to that presented to the Board nor shall the height and extent of proposed earthern berming be reduced in comparison to that presented to the Board.
Explanation: The applicant’s Flood Hazard verification submitted at the time of application expired on October 9, 2024. The State updated the Flood Hazard Area rules which were applied to the updated Flood Hazard Area issued on June 13, 2024. Due to the revised Flood Hazard Area line, the applicant has the two (2) options above in order to move forward.
7. Provide a solid six (6)-foot-high fence within the required buffer along Mettlers Road in the location shown on the February 21,2023 plans by Dynamic Engineering.
Explanation: Provision of a six (6)-foot-high solid fence is a requirement of Schedule 6 in the Township zoning ordinance where development in the B-I zone abuts a residential district (which is the case along Metters Road). The applicant agreed to same during the hearing.
8. All signage shall be in compliance with applicable Franklin Township Code requirements.
Explanation: During the hearing the applicant agreed that all signage would comply with Township code requirements.
9. All mechanical equipment that is to be placed on the rooftops shall be located so as not to be visible from adjacent roadways.
Explanation: This is encouraged in the Township’s Commercial Design Standards and the Applicant agreed to same at the hearing.
10. Both warehouse buildings shall be constructed to be ready to comply with NJ solar ready requirements. Plans shall be revised accordingly
Explanation: This is a requirement of Township ordinance and State law and the Applicant agreed to same at the hearing.
11. All operations shall be in full compliance with Chapter 169 of Franklin Township’s Code, including but not limited to sections 19 (F&G) of said Chapter and all other applicable Franklin Township Code requirements.
Explanation: Significant time was spent during the hearings discussing nuisances (Chapter 169), scenic corridor rules and complying with applicable code requirements. Thus, compliance with the above was specifically included as a condition.
12. Submission of a tree maintenance plan (e.g., how to properly maintain the different types of plantings), as agreed to, on the record, for approval by the Township Engineer. The site plan shall be revised to include a temporary irrigation system for all on-site plantings and all on-site plantings shall be maintained by the applicant and/or its successor(s) in interest in perpetuity.
Explanation: The Applicant agreed to the above at the hearing.
13. Plans shall be revised as necessary to reflect the prohibition of exterior building-mounted lights facing Mettlers Road.
Explanation: Applicant agreed to this as a condition to limit impacts to Mettlers Road (a Township-designed Scenic Corridor) and Canal Walk (a residential community on the opposite side of Mettlers Road).
14. No curb or sidewalk shall be installed on Mettlers Road.
Explanation: The Applicant agreed to this as a condition as curbs and sidewalks are discouraged along Mettlers Road (a Township-designed Scenic Corridor).
15. Receipt of all necessary approvals from outside agencies including but not limited to DRCC, Somerset County Planning Board, Somerset County Soil Conservation District, Franklin Township Sewer Authority and NJDEP.
Explanation: Receipt of necessary outside approvals is a standard condition of all Board approvals.
16. Plans shall be revised to the full satisfaction of the Township’s Director of Planning to add more landscaping along Schoolhouse Road to better screen view of loading docks from that roadway.
Explanation: The Applicant agreed to same during the hearing.
17. The revised landscaping plans prepared by Bryan Hanes, Applicant’s Landscape Architect dated November 22, 2022 shall be incorporated into the Dynamic Landscaping Plan and further subject to review and approval of the Township’s Director of Planning.
Explanation: The Applicant agreed to same during the hearing to address comments from the Board Engineer’s Report dated May 23, 2023.
18. The plans shall be revised to reflect “Disney ‘go away green’ color (identified as Sherman Williams Relish color) on the northerly and westerly sides of the building.
Explanation: The Applicant agreed to this as a condition to reduce visual impact of the warehouse to the Mettlers Road Scenic Corridor and the residences in Canal Walk located on the opposite side of Mettlers Road.
19. The plans shall be revised to indicate that the roof of both buildings shall be a white TPO, thermoplastic overlay roof (i.e., reflective).
Explanation: The Applicant agreed to this as a condition.
20. Plans shall be revised as necessary to provide a sidewalk along the Schoolhouse Road frontage, to provide sidewalks connections to each building from that sidewalk, and to provide sidewalk connections between each building. No curb or sidewalk shall be provided along Mettlers Road.
Explanation: The Applicant agreed to this as a condition. Provision of sidewalks along (non scenic corridor) streets and connections within the site and out to the public sidewalk are encouraged in the Township’s Commercial Design Standards.
21. The tree replacement requirement shall be one thousand forty-one (1,041) trees as calculated by CME. The Applicant shall revise the plans to maximize tree replacement on site to the maximum degree practicable to the satisfaction of Township Staff with any remainder to be addressed via payment-in-lieu as per the ordinance.
Explanation: During the hearing the applicant agreed to maximize tree replacement per Chapter 222. The replacement number was determined by CME, the Board’s engineering consultant, upon review of the site plans.
22. The building shall not be designed to be H-use (As per the Uniform Construction Code) facility nor shall a H use be permitted.
Explanation: At the hearing the Applicant indicated that they did not anticipate tenant(s) would be H-use (hazardous). This is incorporated as a condition of the approval.
23. Revision of architectural plans to eliminate clerestory windows facing Mettlers Road and replace them with single windows.
Explanation: This was offered by the Applicant to minimize the potential impact of in-building lighting on the Mettlers Road Scenic Corridor and the residences located on the opposite side of Mettlers Road.
24. Bike racks shall be provided for each building.
Explanation: This is encouraged by the Township’s Commercial Design Standards and the Applicant agreed to same at the hearing.
25. Within each building the warehouse shall be heated, and the offices shall have AC and heat. The associated mechanical units for the warehouse shall be placed on the loading dock side of the building.
Explanation: The Applicant testified to the above at the hearing.
26. Decibel ratings at the property lines shall be determined and provided to the Township Engineer for the mechanical equipment prior to a TCO/CO.
Explanation: The applicant testified that they would adhere to all Local and State noise requirements. Therefore, compliance with noise requirements should be verified before the site is occupied.
27. Payment of all applicable fees including but not limited to Affordable Housing fees, GIS fees, etc. at the appropriate times.
Explanation: These fees are required by Township ordinance and/or State law.
28. All conditions contained in this Resolution and in the record of the proceedings in this matter, including any agreements made by the Applicant, were essential to the Board’s decision to grant the conditions set forth herein. A breach of any such condition or a failure by the Applicant to adhere to the terms of any conditions and/or applicable law within the time required shall result in appropriate action by the Township, including, but not limited to, the revocation of the within approval and termination of the right of the Applicant to obtain or continue work or occupancy under any construction permits, Certificates of Occupancy or any other governmental authorizations necessary in order to continue development and use of the project.
Explanation: This is a standard condition of all approvals granted by the Board.
29. The development of this property shall be implemented in accordance with the plans submitted and as conditionally approved, subject to ongoing litigation. In the event that the Applicant shall make or propose any changes to the project and/or structures on the property from those shown on the revised and approved plans and exhibits approved for this Application, whether such changes are voluntarily undertaken and/or required by any other regulatory agency, Applicant shall resubmit any such changes to the Township for review and determination.
Explanation: This is a standard condition of all approvals granted by the Board.
30. Official street addresses shall be obtained from the Township 9-1-1 Coordinator
Explanation: This is a standard condition of all approvals granted by the Board.
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