North Hanover Township

Joint Land Use Board

MEETING MINUTES

September 12, 2023

7:30 p.m. @ Municipal Complex

Join North Hanover UMX Video Conference Meeting:

https://impts.pragmatic.umx.vc/conf/call/4493305

One tap mobile audio:

+1 888-482-9769,, 4493305#

Dial-in audio using your phone:

United States - US & Canada Toll-Free: +1 888-482-9769

Access code: 4493305

Call to Order

Chairman Tom Kimball called the July 26, 2023 meeting to order at 7:33pm

Flag Salute

Statement – Provisions of the Open Public Meetings Act

“The provisions of the Open Public Meetings Act have been met. Notice of this meeting has been transmitted to the Burlington County Times and the Courier Post, given to those having requested and paying for the same and posted on the bulletin board in the foyer of the Municipal Building “

Roll Call

Name	Roll Call
Russ Comisky	X
Jim Durr	X
Ron DeBaecke	X
Greg Grauer	X
Joe Greene	X
David Forsyth	X
Tom Kimball	X
Debbie Kucowski	X
Jack Smylie	X
Patricia Mellor	ABSENT
Wayne Voorhees	X

Minutes for Approval

-July 19, 2023

-July 26, 2023

Memorializing Resolution 2023-12- Approving Tiny Bubbles Car Wash- Variance Application- Block 903 Lot 6- 245 Cookstown-New Egypt Road

Continuation of Application 2023-04-Block 602 Lot 9.02 – North Hanover Partners Urban Renewal, LLC- Proposed Warehouse Development- Major Site Plan, Subdivision, Variance Application

Ronald Shimanowitz reviewed the last meeting. Ronald Shimanowitz reviewed from last meeting how this project will be managed and maintained. He stated there will be a lot owner associations. It will be a legal entity responsible for maintenance. All owners will be members of that association being proposed. Legal documents will be made to allow for cross easements etc. It is a Commercial Lot owners Associations.

Jeff Haberman Site Engineer. Gave an update on outside agency approvals. The applicant received approval from the planning chief and flight manager of Joint Base McGuire Dix Lakehurst. Burlington County Planning Board gave approval for access to the highway and the site. Review letter from soil conservation, wants to be condition of approval. Burlington County Planning approval, conditional approval issued today at 3 pm. Waiting for New Jersey Department of Environmental Protection permit to fill small isolated wetlands area on site. The Applicant asks for this to be a condition of approval. Submitted DEP Discharge permit for waste water treatment center. Technical review underway condition of approval. The applicant received approval from Fire Official of North Hanover Township for fire suppression and site. The applicant stated they will comply with all Joe Hirsh engineer for North Hanover Township’s review comments. Tom Kimball asked if that include cut out in the middle or the road. Jeff Haberman said yes traffic engineer will touch on that

Justin Taylor Traffic Engineer explained that the County Planning board gave conditional approval for full movement access point with a median brake. They want them to signal that access. It is to link with the intersection.

Joe Greene asked if there is any state regulation that requires solar panels on roof. Joe Hirsh stated there was no requirement but they will have to comply with the State EV Ordinance.

Tom Kimball opened the floor to public comment.

Tom Devine 504 Wrightstown Sykesville Road Sworn in. Mr. Devine had questions about the applicant. North Hanover Partners Urban Renewal LLC. He asked if there was a list of principals and other properties they developed. Ronald Shimanowitz stated that Under Redevelopment an entity must have Urban Renewal in name. Mr. Devine asked where the funding was coming from. Mr Devine stated his is concerned that something gets started and does not finish. Tom Kimball asked Stephen Raymond Esq Attorney for the board if we have jurisdiction. Mr. Raymond stated no we do not the applicant can answer if they want, but the board cannot consider the applicants finances as part of their decision. The applicant John Kainer stated he lives in Manasquan and is a commercial broker. Has been developing properties along the NJ Turnpike over the last 10 years. Mr Kainer stated the project they are proposing will correct the drainage issues happening in Spartan Village. Mr. Kainer is the managing partner. Starting construction Modway building exit 8 in 2014, he sold the project to developer who built the building. Mr. Kainer stated he also had two buildings in East Windsor, South Brunswick.

Priscilla Maney 504 Wrightstown Sykesville Road Sworn in. Ms. Maney stated she would like to thank Township for taking on a lot of responsibility. Ms. Maney does not believe this project is appropriate for this community. She stated voting yes will forever change the history and culture that, change the landscape of this town. Ms. Maney asked what the hours would be. The applicant stated typically they would be 7am to 6pm. The Applicant stated yes that could change. Mr. Raymond stated if they are not in the confines of the ordinance they would have to come in for variance. Ronald Shimanowitz stated yes it could change, applicant stated what was typical. They cannot guarantee what the hours are. The traffic study was done 7am to about 8:30. Mr. Taylor stated 7am 4:30- 6:30 were peak hours. Ms. Maney asked if on a leased facility would the Township review contract? Mr. Raymond stated typically the Township would not be involved in the contract. Ms.Maney asked if on a leased facility would the co-op be responsible for clean-up and maintenance of the property. Ronald Shimanowitz stated, yes the association would be responsible for common areas. Common areas are roads, sewer, basins. Lot owners will be responsible for their own lot. Same responsibility for leases and owners. Ms. Maney asked if there would be outsiders in the association. Shimanowitz stated owners of the building will part of this association. Mr. Raymond stated they would submit documents about the association for review to our Engineer and Attorney. It was stated that the owner could use a management company but they will all be covered under the association documents. Ms. Maney asked will exit and entrances be gated for security? Mr. Kainer stated, if tenant asks for restricted access than an amendment to site plan would be needed. Ms. Maney what about the fully functioning drives way on Wrightstown Sykesville? Mr. Kainer stated they are not fully functional. Prior testimony stated they are only for vehicles or deliveries (UPS or Fex Ed ones used for Residential. No Trucks. Mr. Raymond stated the applicant is bound by the testimony given. Ms. Maney stated her house is across from one of them. Ms. Maney asked who owns those accesses. Ronald Shimanowitz stated they are part of the fee simple ownership and would be part of the association. Jeff Haberman stated the two drives are under ownership of association. Old Croshaw will be partially developing a portion of that, that is a Township Road. Old Croshaw road is currently unimproved right of way. Mr. Raymond stated the 2 drives are part of the applicant’s property and Croshaw is a dedicated township road, that portion of the road is Township. Board Member Ron DeBaecke stated the old road still is there just not maintained and at one time it was functioning. Ms. Maney asked what prohibits future owners from using those accesses for trucks. Mr. Raymond stated in prior testimony the applicant stated they will not use those drives for trucks and they would then be enforced by the Township. Ms. Maney asked who will then police the roads. Stated that the Township would police them because the applicant aggreed to it in prior testimony. Mr. Ron DeBaecke stated when they first came for this project they came to the Township Committee that the committee’s biggest concern was about not having truck traffic on that road. Mr. Ron DeBaecke stated enforcement would land on Township. Ron DeBaecke stated the Township Committee was thinking about putting a weight limit on it. Ms. Maney asked, has the township conducted a study on how this will on how it will affect property value? Mr. Raymond stated that is not jurisdiction of the of Land Use board.

Board Member Jim Durr isn’t it true that there is a moving company that utilizes tractor trailers on that road? It was stated that yes there has been a moving company on that road for many years. There are semi-trucks utilizing that road going to commercial business on that road for a long time.

Board Member Greg Grauer state on those two driveways a tractor trailer cannot get to the loading dock and Croshaw Road would be extremely difficult. Ms.Maney expressed her concern about lights flashing in her windows from those two driveways. Ms.Maney asked when will project begin, The applicant stated that will depend on outside approvals. John Kainer stated within 2 years they would be able to begin.

Warren Watson of Spartan Village was sworn in. Mr. Watson had a concern about back up of traffic if docks are full. He stated his concern about seeing a lot of empty warehouses. Board Member Ron DeBaecke stated empty warehouses were a concern. That is why they went with five smaller warehouses instead of one huge one. Mr. Ron DeBaecke stated there was a lot of thought that went into the two lower entrances They purposely designed to be narrow and not connect to any loading docks. It was stated by Joe Hirsh Engineer to the board that as a condition of approval, all buildings will have addresses off of route 680 also know as McGuire Access Road

Tom Morris of 137 McGuire Access Road, sworn in. When considering redevelopment what is the distance they have to notice. Mr. Raymond stated Redevelopment Plan was adopted by Town Council, then sent to the Joint Land Use Board. Mr. Raymond stated only for an application is there a200’ list. Mr. Morris stated he was not notified. He is accustomed to a 1-mile radius. Mr. Raymond stated the state requirement is 200’ list. Mr Morris asked the applicant if his other projects are occupied. Mr. Kainer stated all his are occupied. NJ is at 3% vacancy rate. Mr. Kainer did state these are not made to be fulfillment centers like Amazon. Mr. Morris stated his concern about that this project will open the door for spawning future development.

Dot Rinderer of 484 Wrightstown Sykesville Road was sworn in. Ms. Rinderer stated she was concerned about value of the home. She felt it is unfair that the board did not research how this will affect property value. Ms. Rinderer had concerns the project was not in conformance with North Hanover Township Ordinances. Mr. Hirsh stated yes, they are all in accordance with the Redevelopment Plan and Ordinances. Ms. Rinderer stated her concerns over speeding and hazardous driving of current tractor trailers traveling on Wrightstown-Sykesville Road and at the light at McGuire Access Road. Ms. Rinderer stated she the project did not meet frontage requirement 16-330 and not all warehouses has access on frontage to confirm with ordinance. Mr. Raymond stated this was because of the Redevelopment Plan, the plan changes and controls what is allowed. Ms. Rinderer stated her concerns about light glare in her house and on her property. Mr. Hirsh stated they are required for there to be no spillage but the applicant has agreed to work with the neighborhood to help shield the light.

Danielle Auletto of Spartan Village. Sworn in. Ms. Auletto expressed her concerns about the drainage. The Applicants engineer stated the project will fix the issue. Ms. Auletto stated she did not feel this was the proper place for this type of development. Mr. Ron DeBaecke stated this use was an approved use since 1954. The land was never zoned agricultural. Ms. Auletto asked about policing of the property. Mr. Raymond stated that the applicant agreed to Title 39 allowing North Hanover Police Departmant to enforce all laws und Title 39.

Carly Eidman of 468 Wrightstown Sykesville Road was sworn. Ms. Eidman stated she bought her house in the last year. She stated there has been existing water issues. She asked what will stop more water with increased impervious coverage? Mr. Hirsh stated stormwater is in conformance with state and town regulations. Ms. Eidman stated her concern about the house not being set in stone and her conern about the lights.

She asked if there can be regulations put on how long the lights stay on? Mr. Tom Kimball stated they need the lights for security. Joe Hirsh in theory yes there could be regulations put on. Mr. Raymond stated he doesn’t believe there is an ordinance the talks about the timing of the lights. Mr. Tom Kimball asked if it could be a condition for approval. Mr. Raymond stated that since there is no ordinance that maybe they could for a use variance but not applicable in this application. Mr. Hirsh stated minimum lighting levels are to be maintained. Board Member Joe Green asked isn’t the lots behind berms and screening? Mr. Hirsh stated yes they are and attempts have been made to minimize. Ms. Eidman asked if the existing trees can they stay instead of planting baby trees? Mr. Haberman stated what is existing is not a four seasons buffer. The applicant wants to make a four-season buffer. This would consist of a berm with Evergreen 6-7 high. The height of the berm it will effectively be about 20 feet. Ms. Eidman asked if the Association will exist even if they are vacant. Mr. Shimanowitz stated yes because there will still be owners of the lots. Ms. Eidman expressed her concern of safety of the Military because of what could be stored in the warehouses. Mr. Raymond stated no hazardous materials was agreed in the Redevelopment Plan. What is allowed reverts back to the ordinances of North Hanover Township. If it is not one of the listed uses they would come back to board. Ms. Eidman asked if the Township is allowed enforcement other than traffic violation? It was stated that Title 39 is limited to traffic. Mr. Raymond stated criminal violations would be handled like any other private property.

Being there is no further public comment Ron DeBeacke made a motion to close public comment. Motion was seconded by Greg Grauer. All in favor.

Chairman Tom Kimball asked if the board has any other comments?

Mr. Ron DeBaecke stated a lot of thought and time went int to this by the Township Committee. He stated if an applicant had just gone in with a confirming plan without redevelopment we could be looking at one giant warehouse. Mr. DeBaecke stated the land had been zoned since 1954 for warehouses. Mr. DeBaecke state dhe feels this is a compromise to limit the impact, specifically the traffic. The Board discussed all the business in the past that where in the area that utilized the roads and the traffic it caused then.

Chairman Tom Kimball thanked the public for coming out. He stated it was good to see residents come out.

Mr. Raymond attorney for the board summarized the project.

Jim Durr made a motion to approve Application 2023-04-Block 602 Lot 9.02 – North Hanover Partners Urban Renewal, LLC- Proposed Warehouse Development- Major Site Plan, Subdivision, Variance Application, motion was seconded by Greg Grauer.

Roll Call:

Chairman Tom Kimball called for a 5 min break. Meeting adjourned for a break at 9:48. Meeting came back to order at 9:54.

Public Participation

Chairman Tom Kimball opened the floor to public comment and reminded the public that comment could not pertain to the application that was just voted on. Being no public comment Greg Grauer made a motion to close public comment. Motion was seconded by Tom Kimball. All in Favor.

Adjournment

Debbie Kucowski made a motion to close public comment. Motion was seconded by Greg Grauer. All in favor. Meeting adjourned at 9:57 pm/

Respectively submitted,

_________________________

Alexandra DeGood

North Hanover Township

Joint Land Use Board Secretary