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Record of Proceedings

Franklin Township Planning Board Regular Meeting - January 16, 2025

Planning Board — Thursday, January 16, 2025
BodyFranklin Township, New Jersey
SessionPlanning Board
DateThursday, January 16, 2025
StatusFILED
Video Record
0:00 / 2:39:39

Original source
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0:02

Sunshine Lotus.

0:03

In accordance with the Open Public Meetings Act, Chapter 231, appeal 1975, adequate notice of this regular meeting of the Franklin Township Planning Board has been provided.

0:15

If everyone could please stand for the Pledge of Allegiance.

0:27

One nation under liberty and justice for the IT people here in the board in this building, as you know, this is the first time that we have computers and everything.

0:53

If you are not speaking, he said to me, you need to turn your mics off, because if there's more than three mics that are red, you're not going to be able to hear the fourth person won't be able to talk.

1:05

So that was something new I wasn't told before, but I'm telling you guys now.

1:08

So when if I call your name, you say yes, then turn your mic off and turn it off on the side, not just, or maybe you can just turn it off here.

1:15

I don't know.

1:15

But anyway, you need to turn it off.

1:17

Okay.

1:18

So councilman Marston.

1:27

I think we can hear you.

1:28

Uh Theodore Chase?

1:31

Here.

1:32

Robert LeCourt?

1:34

Shaw Keller?

1:36

Jennifer Ragnow?

1:37

Here.

1:38

Mahia Rafik.

1:39

Here.

1:40

Charles Brown.

1:45

He's here.

1:48

Robert Thomas.

1:50

Rebecca Hilbert, I don't see.

1:52

And Mark Dancy.

1:54

And Mike Garcini.

1:57

Here.

1:58

Okay.

1:59

Okay, so there um there are no minutes.

2:02

We have one resolution, Chad Rossback, PLN 240003.

2:08

Okay, so for Chad Rossback, that hearing was that hearing the applicant was denied.

2:16

So I'm only calling the members on the board that were for the denial.

2:23

So uh so that means Theodore Chase, Robert Le Court, Charles Brown, and Mark Dancy are the only ones that can vote on that resolution.

2:35

So we need a first and a second.

2:42

Second.

2:44

Okay.

2:45

Theodore Chase?

2:47

Yes.

2:47

Robert LeCourt?

2:49

Yes.

2:50

Charles Brown?

2:51

Yes.

2:52

Mark Dancy.

2:53

Yes.

2:57

Okay, thank you.

2:58

Um, so we're going to um there's no discussion items, so before we start the hearing, uh, this is the time of the meeting that we open to the public for any general planning comment.

3:09

So if you're here for onyx, um please wait until the meeting is open to the public on that matter.

3:16

Um, but if there are any general planning comments, now is the time.

3:19

So I would make a motion to open to public for any general planning comment.

3:24

Second.

3:24

All in favor?

3:26

Aye.

3:27

Meeting is open for any general planning comments.

3:33

Seeing no takers, move to close.

3:35

Second.

3:38

Oh.

3:39

Please come to the microphone.

4:01

So I wonder if you if you honorable members can just give a little insight about when a project will require a variance, as opposed to changing the entire zoning for an area.

4:23

So for example, if something was, let's say, zoned for like a if something was zoned for no warehouse.

4:34

When would it go to the planning board?

Discussion Breakdown — Share of Meeting
Engineering And Infrastructure██████████████████████████████30%
Land Development████████████████████████24%
Traffic Safety████████████████████20%
Zoning Regulations███████7%
Procedural████4%
Environmental Protection████4%
Fire Safety██2%
Water And Wastewater Management██2%
Sidewalk Funding██2%
Summary of Proceedings

Franklin Township Planning Board Regular Meeting - January 16, 2025

This meeting included a roll call, the adoption of a resolution to deny a previous application, and a public hearing on the Onyx 789 LLC warehouse proposal. The hearing was continued to March 19, 2025 due to outstanding engineering and site plan items.

Public Comments & Testimony

  • General Planning Comment: A member of the public asked about the difference between variance applications handled by the Planning Board and the Zoning Board. The Chair explained that use variances go to the Zoning Board, while design waivers for permitted uses go to the Planning Board.
  • Public Testimony on Onyx Application: Several residents of Somerset Run and nearby areas spoke during the question-and-answer portion of the hearing.
    • Dave Robinson questioned the truck turning radius at the Old New Brunswick Road and New Brunswick Road intersection and stated that modifications would require property not owned by the applicant.
    • Bernard Goldband expressed concerns about left turns from Elizabeth Avenue onto New Brunswick Road causing traffic backups, and asked whether the applicant had considered that during design.
    • Jeffrey Friedman asked about 24-hour operation, lighting, noise, and air pollution. He highlighted a study linking warehouses to pollution and asked the board to consider restrictions.
    • Susan Kaplan raised the need to clean up the existing site (which the applicant said was ongoing) and the need for the township to enforce traffic regulations.

Discussion Items

  • Resolution – Chad M. Rossbach / PLN-24-00003: The board considered a resolution for an application that had previously been denied. Only the members who voted for the denial were eligible to vote on the resolution: Theodore Chase, Robert LeCourt, Charles Brown, and Mark Dancy. The resolution passed 4-0, formalizing the denial.
  • Hearing – Onyx 789, LLC / PLN-22-00017: Preliminary & Final Major Site Plan with variances. The applicant proposes to demolish an existing 55,419 sq ft retail building and construct a 91,309 sq ft warehouse (with 1,995 sq ft of office) at 785 Old New Brunswick Road. The site is in the B-I zone with a Retail District Overlay, and warehouses are currently prohibited in the township, but the application was deemed complete before the prohibition took effect. The applicant’s engineer, Keith Cahill, testified that the plan had been revised since the last hearing in April 2024: the building was reduced from 128,796 sq ft, all bulk variances except for a pipeline setback variance were eliminated, stormwater management was upgraded to current NJDEP standards, fire access was improved, and landscaping was enhanced. The only variance requested is for the setback to a Buckeye Pipeline easement (46 ft proposed vs. 100 ft required). Discussion focused on:
    • Truck turning movements: Board members and the township engineer requested an engineered turning template showing that trucks can safely enter and exit the site, particularly at the intersection of Old New Brunswick Road and New Brunswick Road. The applicant agreed to provide this.
    • Sidewalk requirement: The applicant requested a waiver for sidewalk along New Brunswick Road, citing environmental constraints and lack of connection. Board members expressed differing views; some favored the sidewalk to comply with the township’s complete streets policy.
    • Pipeline proximity: Board members questioned the safety of building close to the pipeline even if it is outside the easement. The applicant argued that Buckeye’s design standards are controlling and that the proposed setback is an improvement over the existing 12-ft distance.
    • Traffic and road weight limits: Concern was raised that trucks would use roads with 4-ton weight limits. The applicant stated that they would follow legal truck routes and that the number of truck trips is projected to be low (fraction of a truck per peak hour), but the traffic engineer had not yet testified.
    • Other issues: Buffering, lighting, noise, hours of operation, and stormwater management were discussed. The applicant indicated that most township professional comments had been addressed or would be satisfied as conditions.
  • Representation from Buckeye Pipeline: Attorney John Wasneski stated that Buckeye holds a 70-year-old easement on the property and expects its property rights to be honored. He noted that the easement prohibits buildings or structures on the easement and any activity that alters soil coverage. The board acknowledged that further testimony from Buckeye’s engineer would be heard at the continued hearing.

Key Outcomes

  • Resolution PLN-24-00003 (Chad Rossbach): Approved 4-0, denying the application.
  • Onyx 789 LLC hearing: Continued to March 19, 2025 at 7:30 PM in the same location. The board requested that the applicant provide:
    • Engineered truck turning templates for the site and the adjacent intersections.
    • Detailed plans for modifications at the Old New Brunswick Road/New Brunswick Road intersection, including any needed pedestrian accommodations.
    • Finalized compliance with Buckeye Pipeline’s easement requirements.
    • Updated stormwater and environmental documentation.
  • The applicant agreed to extend the board’s time to act through the end of March 2025.

Meeting Transcript

Sunshine Lotus. In accordance with the Open Public Meetings Act, Chapter 231, appeal 1975, adequate notice of this regular meeting of the Franklin Township Planning Board has been provided. If everyone could please stand for the Pledge of Allegiance. One nation under liberty and justice for the IT people here in the board in this building, as you know, this is the first time that we have computers and everything. If you are not speaking, he said to me, you need to turn your mics off, because if there's more than three mics that are red, you're not going to be able to hear the fourth person won't be able to talk. So that was something new I wasn't told before, but I'm telling you guys now. So when if I call your name, you say yes, then turn your mic off and turn it off on the side, not just, or maybe you can just turn it off here. I don't know. But anyway, you need to turn it off. Okay. So councilman Marston. I think we can hear you. Uh Theodore Chase? Here. Robert LeCourt? Shaw Keller? Jennifer Ragnow? Here. Mahia Rafik. Here. Charles Brown. He's here. Robert Thomas. Rebecca Hilbert, I don't see. And Mark Dancy. And Mike Garcini. Here. Okay. Okay, so there um there are no minutes. We have one resolution, Chad Rossback, PLN 240003. Okay, so for Chad Rossback, that hearing was that hearing the applicant was denied. So I'm only calling the members on the board that were for the denial. So uh so that means Theodore Chase, Robert Le Court, Charles Brown, and Mark Dancy are the only ones that can vote on that resolution. So we need a first and a second. Second. Okay. Theodore Chase? Yes. Robert LeCourt? Yes. Charles Brown? Yes. Mark Dancy. Yes. Okay, thank you. Um, so we're going to um there's no discussion items, so before we start the hearing, uh, this is the time of the meeting that we open to the public for any general planning comment. So if you're here for onyx, um please wait until the meeting is open to the public on that matter. Um, but if there are any general planning comments, now is the time. So I would make a motion to open to public for any general planning comment. Second.

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