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Record of Proceedings

Franklin Township Planning Board Meeting – May 7, 2025: Onyx Warehouse Hearing Continued, Routine Approvals

Planning Board — Wednesday, May 7, 2025
BodyFranklin Township, New Jersey
SessionPlanning Board
DateWednesday, May 7, 2025
StatusFILED
Video Record
0:00 / 1:26:48

Original source
Transcript — VerbatimClick a timed line to jump · ⧉ to share it
0:04

In accordance with the Open Public Meetings Act PL 1975, Chapter 231 adequate notice of this regular meeting of the planning board of the township of Franklin has been provided.

0:13

If everyone can please stand for the Pledge of Allegiance.

0:17

I pledge allegiance to the flag.

0:22

And to the Republic for which it stands, one nation under God, indivisible Liberty and Justice Brahma.

0:36

Oh yeah, good stuff.

0:39

All right, before Christine calls the roll, just let me uh uh say to the the board that uh the way these microphones work, I guess uh uh the thing the place explodes after if more than three people have microphones on, and that includes the applicant.

0:52

So if you're not talking, please uh deactivate it.

0:56

Christine Okay, um Bob Thomas and Mahir Rafik have recused themselves.

1:05

Jennifer Ragnow and Charles Brown are excused.

1:08

Uh Councilman Barson?

1:10

Here, Theodore Chase.

1:12

Here, Robert LeCourt, Shaw Keller here, uh Rebecca Hilbert here, Mark Dancy, and Chairman Arsini.

1:24

Here uh first item of uh business is the regular meeting from um um March 6th, 2025 minutes.

1:37

Hold on one second.

1:45

Okay.

1:46

Okay, so um everybody that's here can vote for them.

1:51

Uh I would move to approve.

1:55

Second councilman and Barrison?

1:59

Yes, Theodore Chase.

2:02

Yes, Robert LeCourt, yes, Shaw Keller?

2:06

Yes, Rebecca Hilbert?

2:09

Yes, Chairman Rossini.

2:11

Yes.

2:12

Uh let the record show that Mark Dancy's coming in right now.

2:15

Thank you.

2:17

Um the resolution Route 27 LLC PLN 230019.

2:24

Um, Mike, we may have to carry this because the um subcommittee makes up of you, Bob Thomas and Mahir Rafik.

2:33

Is that is that right, Jim, or should we just do it with just Mike saying okay?

2:37

That's a that's a legal question.

2:38

You only need one person to approve the remote.

2:41

Ted, you need to turn your mic off, please if you're not talking.

2:44

Ted.

2:46

Thank you.

2:47

What did you say?

2:48

You only need one board member to vote to approve the resolution.

2:53

It may go forward.

2:54

Okay.

2:55

Uh so uh given that I'm the last remaining person here that's on the minor subcommittee.

3:01

Um I would move to approve.

3:03

Okay, thank you.

3:06

All right.

3:06

Uh we have a discussion item, IDIL Davidson.

3:10

The extension of time.

3:45

Good evening.

3:46

My name is Paul Contatore with the Law Firm of Price May Schulman and Dorminio.

4:00

I'm here requesting a one-year extension for the approval period.

4:04

Um the approval period expires at the end of July.

4:08

Um we are 99% completed.

4:11

Um we have all our approvals outside agencies.

4:15

We've dealt with all the resolution compliance.

4:17

The one item which is taking the longest relates to a water uh line that is present on the property uh Franklin Township's water line.

4:25

Um it was an old line, wasn't known exactly where it was located, so the applicant did field work, identified where it is, surveyed it for granting of an easement.

4:34

There were a number of plan changes that were required based on the water company and Franklin's requests.

4:40

Most recently there was one item left.

4:42

We had an in-person meeting ten days ago with Darren Mazai and uh Vince Dominic to deal with the last item.

4:49

We've produced the details, so we hope to have that completed very near term, and then we're immediately going to construction permits, but obviously it's expiring in July, so we'd like the one year just to be safe.

5:01

And this would be your first request for this is the our own, yes, it is.

5:05

So uh one year from today?

5:07

That's correct.

5:08

Okay.

Discussion Breakdown — Share of Meeting
Land Development████████████████████████████████████████40%
Engineering And Infrastructure████████████████████████████████████36%
Traffic Safety████████8%
Procedural████4%
Sidewalk Funding████4%
Environmental Protection██2%
Public Safety██2%
Fire Safety██2%
Transportation Safety█1%
Summary of Proceedings

Franklin Township Planning Board Meeting – May 7, 2025

The Franklin Township Planning Board met on Wednesday, May 7, 2025 at 7:30 PM. The board approved routine items (minutes, a resolution, and a time extension) and continued the public hearing for the Onyx 789 LLC warehouse application to July 9, 2025, after hearing updates from the Buckeye pipeline representative and the applicant's engineer.

Consent Calendar

  • Minutes – The regular meeting minutes of March 6, 2025 were approved unanimously (7-0).
  • Resolution – Route 27, LLC (PLN-23-00019) – Approved by the remaining member of the minor subcommittee (Mike Orsini) on behalf of the board.
  • Extension of Time – IDIL Davidson, LLC (PLN-23-00004) – Granted a one-year extension to May 7, 2026. Applicant's attorney Paul Contatore stated the project is 99% completed; the remaining item is a water line easement on the property, which is being finalized.

Public Comments & Testimony

  • General Public Comments – None offered.

Discussion Items

  • Board Attorney Instructions – Prior to the Onyx hearing, Board Attorney James (Jim) instructed members not to consider personal opinions about the appropriateness of a warehouse at this location because it is a permitted use under the zoning ordinance. He noted appearances of prejudgment from previous hearings and reminded the board to base decisions solely on the evidence.
  • Onyx 789 LLC – Preliminary & Final Major Site Plan (PLN-22-00017) – The applicant seeks to demolish an existing building and construct a 102,733 sq ft warehouse at 785 Old New Brunswick Road.
    • Buckeye Pipeline Testimony – John Wisneski (Buckeye Partners) reported that all eight conditions raised in earlier hearings have been resolved. The applicant will widen the pipeline easement from 20 to 40 feet, reduce fill over the pipeline, change a concrete loading dock surface to macadam, move a sanitary manhole, and install pipeline markers. A letter dated April 1, 2025 detailing these conditions was entered into the record (Exhibit B1). Mr. Wisneski confirmed Buckeye has no objection to the variance regarding distance between improvements and the pipeline.
    • Applicant's Engineer Testimony – Keith Cahill (under oath) presented revised plans (Sheet C301 Rev 4, dated April 14, 2025). Key changes: the pipeline easement doubled, a "pork chop" island forces all trucks exiting to turn right onto Old New Brunswick Road, and the intersection of Old New Brunswick Road and New Brunswick Road is being improved with radius modifications (60-foot radius on both sides) to allow tractor-trailers (WB67) to turn safely. The Board Engineer (Darren) confirmed the intersection plans satisfy circulation requirements.
    • Sidewalk Discussion – The board discussed requiring a sidewalk along the applicant's frontage on New Brunswick Road. Because the sidewalk would terminate in an undeveloped area (owned by a homeowners association), board members preferred a payment-in-lieu to the sidewalk fund. A suggestion was made to extend the sidewalk east toward Davidson Avenue, pending land ownership clarification.

Key Outcomes

  • HSU Property Holdings (PLN-23-00014) – Carried to May 21, 2025 with no further notification needed.
  • Onyx 789 LLC Hearing – Continued to July 9, 2025 at 7:30 PM at the Franklin Township Board of Education building. Remaining witnesses: architect, traffic consultant (Ms. Dolan), and planner (Mr. Colling) to justify the variance. The board granted an extension of decision time through the end of July.
  • Public Cross-Examination – Several residents cross-examined the engineer on topics including pipeline safety, truck traffic impacts at the intersection, environmental studies, and hours of operation. The board attorney noted that safety and the public good are valid considerations for the variance justification. The board will hear additional public testimony when the hearing resumes.

Meeting Transcript

In accordance with the Open Public Meetings Act PL 1975, Chapter 231 adequate notice of this regular meeting of the planning board of the township of Franklin has been provided. If everyone can please stand for the Pledge of Allegiance. I pledge allegiance to the flag. And to the Republic for which it stands, one nation under God, indivisible Liberty and Justice Brahma. Oh yeah, good stuff. All right, before Christine calls the roll, just let me uh uh say to the the board that uh the way these microphones work, I guess uh uh the thing the place explodes after if more than three people have microphones on, and that includes the applicant. So if you're not talking, please uh deactivate it. Christine Okay, um Bob Thomas and Mahir Rafik have recused themselves. Jennifer Ragnow and Charles Brown are excused. Uh Councilman Barson? Here, Theodore Chase. Here, Robert LeCourt, Shaw Keller here, uh Rebecca Hilbert here, Mark Dancy, and Chairman Arsini. Here uh first item of uh business is the regular meeting from um um March 6th, 2025 minutes. Hold on one second. Okay. Okay, so um everybody that's here can vote for them. Uh I would move to approve. Second councilman and Barrison? Yes, Theodore Chase. Yes, Robert LeCourt, yes, Shaw Keller? Yes, Rebecca Hilbert? Yes, Chairman Rossini. Yes. Uh let the record show that Mark Dancy's coming in right now. Thank you. Um the resolution Route 27 LLC PLN 230019. Um, Mike, we may have to carry this because the um subcommittee makes up of you, Bob Thomas and Mahir Rafik. Is that is that right, Jim, or should we just do it with just Mike saying okay? That's a that's a legal question. You only need one person to approve the remote. Ted, you need to turn your mic off, please if you're not talking. Ted. Thank you. What did you say? You only need one board member to vote to approve the resolution. It may go forward. Okay. Uh so uh given that I'm the last remaining person here that's on the minor subcommittee. Um I would move to approve. Okay, thank you. All right. Uh we have a discussion item, IDIL Davidson. The extension of time. Good evening. My name is Paul Contatore with the Law Firm of Price May Schulman and Dorminio. I'm here requesting a one-year extension for the approval period. Um the approval period expires at the end of July. Um we are 99% completed. Um we have all our approvals outside agencies. We've dealt with all the resolution compliance.

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