MINUTES OF THE CRANBURY TOWNSHIP ZONING BOARD OF ADJUSTMENT CRANBURY, NEW JERSEY MIDDLESEX COUNTY MINUTES APRIL 30, 2014 APPROVED ON MAY 7, 2014

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1 MINUTES OF THE CRANBURY TOWNSHIP ZONING BOARD OF ADJUSTMENT CRANBURY, NEW JERSEY MIDDLESEX COUNTY MINUTES APRIL 30, 2014 APPROVED ON MAY 7, 2014 TIME AND PLACE OF MEETING The regular meeting of the Cranbury Township Zoning Board of Adjustment was held at the Cranbury Township Hall Municipal Building, 23-A North Main Street, Cranbury, New Jersey, Middlesex County on April 30, 2014 at 7:30 p.m. CALL TO ORDER Mr. Thomas Patterson, Chairman called the meeting to order and presided over the meeting. STATEMENT OF ADEQUATE NOTICE Pursuant with the Sunshine Law, adequate notice in accordance with the Open Public Meeting Act was provided of this meeting s date, time, place and agenda was mailed to the news media, posted on the Township bulletin board, mailed to those requesting personal notice, and filed with the Municipal Clerk. MEMBERS IN ATTENDANCE Michael Dulin James Gerberich (arrived 7:55 PM) Alain Hebert (arrived 8:05 PM) John Hoffman Marilee Meacock David Nissen Sean Deverin Robert Diamond Thomas Patterson

2 Page 2 of 11 PROFESSIONALS IN ATTENDANCE Andrew Feranda, Traffic Consultant David Hoder, P.E., Board Engineer Trishka Cecil, Zoning Board of Adjustment Attorney Josette C. Kratz, Secretary Richard Preiss, P.P., Board Planner APPROVAL OF MINUTES ROLL CALL 7/17/2013 7/31/2013 8/21/2013 9/11/ /2/ /22/ /30/ /6/ /11/ /18/2013 1/8/2014 Mr. Dulin 1/Approve 2/Approve 1/Approve 1/Approve 1/Approve 1/Approve 1/Approve 1/Approve 1/Approve 1/Approve 1/Approve Mr. Gerberich Absent Absent Absent Absent Absent Absent Absent Absent Absent Absent Absent Mr. Hebert Absent Absent Absent Absent Absent Absent Absent Absent Absent Absent Absent Mr. Hoffman Absent Absent Absent Absent Absent Absent Absent Absent Absent Absent Absent Mr. Meacock Approve Abstain Approve Approve Approve Approve Approve Approve Approve Approve Approve Mr. Nissen 2/Approve 1/Approve 2/Approve 2/Approve 2/Approve 2/Approve 2/Approve 2/Approve 2/Approve 2/Approve 2/Approve Mr. Deverin Approve Approve Approve Abstain Approve Approve Abstain Abstain Approve Approve Approve Mr. Diamond Abstain Abstain Abstain Abstain Abstain Abstain Abstain Abstain Approve Approve Approve Mr. Patterson Approve Approve Approve Approve Approve Approve Abstain Approve Approve Approve Approve APPROVAL OF VOUCHERS Upon a motioned duly made and seconded the vouchers were approved unanimously. RESOLUTIONS ZBA APCO Petroleum Corp Block 17, Lot 1, Zone GC 2736 State Highway 130 Use Variance, Preliminary & Final Site Plan W/Variances MOTIONED: Mr. Nissen motioned to approve SECONDED: Mr. Dulin ROLL CALL

3 Page 3 of 11 AYES: NAYS: ABSTAIN: ABSENT: Mr. Dulin, Ms. Meacock, Mr. Nissen, Mr. Deverin, Mr. Diamond None Mr. Patterson Mr. Gerberich, Mr. Hebert, Mr. Hoffman MOTION CARRIED Board took a short recess until Mr. Gerberich and Mr. Hebert arrived APPLICATIONS ZBA Storage Adler/Monarch Electrical (Formally known as PB401-00) Block 2, Lot 6.01 & 4.02, Zone LI 1250 South River Road Use Variance/Amendment Preliminary & Final Site Plan to Add Outdoor REPRESENTATIVES: Frank Petrino, Esquire Josh Adler, Principal/Applicant Rob Rathschmidt, Michael Lanzafama, PE PP Casey & Keller, Inc. Ms. Cecil announced the notice was in order and the board could take jurisdiction. In Mr. Petrino s overview of the property and application he said the 222,000 SF was an existing facility, built in 2001 with related site improvements and extensive landscaping, and fencing. Applicant seeking use variance for electrical conduit outdoor storage. The applicant proposes to install an 8 high fence around storage area. Associated with proposed use variance would require a site plan amendment to the original approval for the storage area. On file are several documents: development application, proposed ramp drawing, minor site plan for conduit storage area, color photos of rear of existing seen from Prospect Plains taken 9/4/2013 and associated board professionals reviews. Mr. Petrino explained the reason they were here; a provision if not permitted is prohibited, but new portion of LDO allows it but is silent in industrial zone. He gave his opinion of the lack of

4 Page 4 of 11 review over the years with regard to outdoor storage in the industrial zones. The do not think it was clear what the status in the Industrial Zone is and feel it is appropriate to grant approval. Applicant s witnesses and Board s professionals were sworn. Mr. Adler testified he has been with this site since the original approval. In recognizing Cranbury s desires for high quality properties, he felt they have achieved that goal when they built the building and through the continued maintenance, along with high quality tenants. EXHIBIT A-1 Photo Board #1 Mr. Adler appeared before the DRC seeking guidance, which this plan was consistent with the guidance given. They added landscaping to buffer the potential storage area along with a permanent hedged fence. Since the first tenant, there have been two fences installed: south edge loading area and beyond since There are two entrances NW and SW corners for office space since the construction. Mr. Rathschmidt said Monarch s region includes areas of NY, PA and Delaware. They would store electrical conduit bundled, 1,200 to 2,500 LBS; which was difficult to move around. OSHA does not like them to move and store in buildings; preference is to keep outside. The size and weight makes it difficult to move around in an enclosed area. They are a wholesale electrical distributor. Currently they have another facility in West Caldwell. Every day they have a boom truck move inventory up there to pick up delivers and circle back and re-routed from this facility. They work 24/5 operations, first shift 20-25, second shift 12-15, and third shift 6-7 people. OSHA has given them guidelines on how to handle equipment. They carry on forklift and OSHA requires additional safety, chaining, etc. It is very cumbersome. The pipe is 10-ft long with a circumference of 4-ft +/-. They load with boom truck or forklift. There is probably 15 different sizes, three to four bundles of each size. They would never go above the eight feet in height. Proposed and existing fence is eight feet high. Storage would fill up the room they have internally; space was also an issue. Mr. Patterson asked what was presently in the area they intended to store the conduit. Mr. Rathschmidt said a loading area with trailers. Mr. Dulin asked what else was stored in the warehouse. Mr. Rathschmidt said they have wire, electric distribution equipment, fasteners, fittings, lighting equipment, etc. It could take up 15,000 to 20,000 SF of warehouse space, but that would put them at a disadvantage to stock what is in there now. All the racking area above the pipe would also be lost inside the warehouse.

5 Page 5 of 11 Mr. Dulin asked how difficult is it to chain these bundles all the time. Mr. Rathschmidt said the bigger constraint is working with the size of the conduit. Mr. Diamond asked if they would not be chaining them anyway. Mr. Rathschmidt said outside it is not required. Mr. Diamond asked where the landscaping would be located. Mr. Adler said they had negotiated with the adjacent landowner to landscape on the adjacent property. Mr. Hoder asked if an electrician customer comes in where they are the sent. Mr. Rathschmidt said they enter on south side or a loading dock, typically. Mr. Hoder said they took care of the first item, the fire company and third item is landscaping where you can see through and needs help. Mr. Preiss asked how the bundles are actually stored. Mr. Rathschmidt said one on top of the other. Mr. Preiss asked if they were storing on both sides of fire lane. Mr. Rathschmidt said they would mostly store on one side. Most likely not on the narrow lane. Would never be above eight feet in height. Mr. Feranda asked about fleet vehicles. Mr. Rathschmidt said they have a fleet of 18 trucks and one tractor trailer box trucks 3-4 box trucks, one tractor one trailer. Two delivers a day by boom truck. Mr. Rathschmidt said there are probably two customers a day, which could increase slight but they do not generally do small orders since they are not a pick and pack operation. Mr. Feranda noted the need to keep the fire lane clear, concerned with emergency with something being in the way and how to put up a physical barrier and how the applicant would keep that free.

6 Page 6 of 11 Mr. Rathschmidt said as deliveries come in the trailer pulls into a loading dock, which keeps area clear of which they are loaded and get out. Trailers are not typically sitting waiting to get in. Fleet vehicles would be stored, backed into the doors in the fence area far from fire lane. All the parking space would be available. No fleet vehicles park in employee area. There are 65 employee parking spaces. Mr. Feranda said area was gated from Prospect Plains and asked if the gate was going to be open to avoid trailer stacking. Mr. Rathschmidt said the gate, in between two sections, would be closed all the time, interior gate. The exterior gate would be open 24/5 whenever the facility was open it would be open. Someone would be there watching. Mr. Gerberich asked how many loading areas inside and outside. Mr. Rathschmidt said all are inside. Mr. Dulin said he was confused on configuration. The loading area inside the fence and the storage area? Where the conduit would be stored would in front of some of the loading docks. Mr. Rathschmidt said some of the docks would be blocked. Storage inside would adversely affects the other stored products. Mr. Lanzafama gave his credentials to the board and was accepted. He was the original engineer for the application before the Planning Board. He walked the board through the existing conditions. EXHIBIT A-2 Aerial Photo North Mr. Lanzafama explained there was a shared access driveway, which this site utilizes for loading maneuvers and vehicles access, but it was shared. There are existing plantings. EXHIBIT A-3 Minor Site Plan Colorized Mr. Lanzafama commented the crosshatched area was where they proposed outdoor storage area, at center portion of loading area where well screened. Along the top of the berm they are supplementing additional landscaping. They are adding an 8-ft height fence that would link existing fences. Within section, there would be a perma-hedge that slides in like slats but looks like a hedge from a distance to provide screening. They would come past five feet to get a good screening. Circles with call outs, on plans, are proposed plantings. The open pockets shown in the photos would correlate with the additional plantings shown on Exhibit A-3.

7 Page 7 of 11 Mr. Lanzafama felt the use variance could be granted in accordance with the requirements of the MLUL. He explained, in great detail, his argument. He felt site was suited for this purpose; the building and site provided adequate space for storage and vehicle movements. The size and configuration provided a screen from South River Road. The parcel was located to major roadways and access to the NJ Turnpike, which he felt were important elements to consider. This site works for Monarch and have such a large loading areas in a controlled area and provided them an efficient way to run their operation. This would promote the free flow of traffic. The conversation he had with Monarch to eliminate two deliveries a day from West Caldwell helped to reduce traffic and pollution. It prompted conservation of energy resource by reducing number of trips on and off this site. He felt in granting of the variance it would not be a determinant to the public good; they are located in the industrial zone, which was permitted in other zones and maintaining the 8-ft height limit allowed in other zones. There are not residential properties to be located in this zone. This would not impair the zone plan or ordinance. The fact this ordinance has not been studied in 18 year, planning documents are fluid and we are now in a change that should be flexible with lifestyle and attitude. Other local communities do entertain outdoor storage. He felt the size and use of conduit does create certain hazards. The concern to control vista was a concern that he felt the applicant meant that intent. Since 1995 there has been, no review of these ordinances does substantially support their argument. Mr. Patterson asked that it be well screened and not necessarily visible. The fact that today there are trailers and trucks and would remain asking what the height of the fleet vehicles. Typical 12.6 feet. The loading area in the rear provides additional screening. Mr. Nissen asked if building was made larger would you be in conformance. Mr. Lanzafama felt it would violate the rear yard setback. Mr. Lanzafama said desire is to utilize the loading dock does not make enclosing the building practical. Mr. Nissen was concerned that if this was enclosed this would be only a C-Variance. Mr. Patterson noticed the fire lane and stressed importance of keeping that clear. The strip of land would not have storage on it. That area would be striped and noted FIRE LANE so that deliver person would clearly know it would be open. Mr. Dulin did not feel the purpose of the code was not just to screen but four an overall appearance. As one drove around the interior roads you could see the landscaping and up keep was very attractive; especially compared to the surrounding companies where it is not so well

8 Page 8 of 11 kept. By extending this out, cover or not covering, it was not so much difficult of the conduit movement that was the driving factor. He felt the driving factor that they need more space. Mr. Nissen said which atmosphere, which was defined by the bulk requirements. Mr. Lanzafama felt they should consider the elimination of the trips from North Caldwell. This was not like they were storing dirt, rock, concrete block, etc. The conduit is racked and neatly stacked. Mr. Nissen asked if this were included in the enclosed area would it violate the FAR. Mr. Petrino said it would violate the FAR and there is existing equipment that cannot be moved; solar panels on roof, transformers, etc. Mr. Lanzafama said they indicated there is no storage in the 12-ft lane and the setback line and curb line from property line so they can still respect the setback. Ms. Meacock asked if gate had landscaping material. Mr. Lanzafama said no and you could see through the gate. Mr. Lanzafama said it already existed. Ms. Meacock asked about the two landscaped islands. Mr. Lanzafama said Exhibit A-2 showed that landscaping element. Mr. Alder said if one drove up the driveway west of Prospect they would have to turn west to see it. If going east bound a person would have to look the opposite way over their shoulder to see. Argument continued with regard to legality and law on use variance and whether one ran with the land. Mr. Preiss agreed that it could not run with land and agreed with Mr. Petrino there could be a time limit, but the suggestion written in resolution to as to what intent was and specifically persuading by testimony, etc., indicating that it was like conduit, etc. it could be limited. If challenged, the applicant would have to make the case with the intent and purpose of the ZBA decision based on that. Mr. Nissen said we are being asked for expansion for which the FAR was limited by master plan and useable for a long period. If I had a warehouse, I would come in for storage past the FAR that was agreed to by the FAR. Mr. Deverin said it seemed that the storage area was occupying what was consider trailer storage area. This occupant does not need the cemented storage area for tractors, what would prohibit

9 Page 9 of 11 another warehouse to add black top that they just wanted more outside storage that would limit it. Mr. Preiss said the Board needed to be careful doing that. The area was to enhance the circulation. He disagreed with the argument. Mr. Patterson agreed. He felt his argument was the visual impact. Mr. Preiss commented that Monarch was a terrific tenant, who was operating there for some time and that Adler keep a very fine operation and fit well in this area of Cranbury. He was sympathetic to the need to keep tenancy and there was a need for that to be addressed. The key was whether they have fulfilled their requirement to approve the D variance. He felt he agreed that outdoor storage was not permitted in the LI district but the fact that it has not been changed in 18 years does mean the zone has not been looked at. There was no storage in the LI or LIS zone. There were variances granted for Rahway Steel and Cranbury Service center. When looked at in 2010 changes were recommended and some changes were made. There has been good testimony for the need of storage and outdoor storage area, clean materials, need for fence, and he had suggestion in screening. If this were a different operation, he would have a different view. He asked a question in the review memo that asked what made this site suitable. Mr. Preiss gave some of the reasons that the applicant touched based on, but could be said about all of the properties in the area. He asked for particular reasons. He said he had suggestions with regard to additional screening at northern and southern end. Mr. Petrino felt testimony was strong in support of the reasons to support the use variance and would be sustainable. Mr. Patterson asked about the landscaping, he understood the landscaping was to screen the trailers, if this was going to be eight foot fence with nothing above eight foot why would it not be enough now. Mr. Preiss felt in a situation of outdoor storage if you just provide a single row of trees it give the appearance of screening something unsightly. Once the trees mature they could be seen through. Rather than rely on existing landscaping, provide diversity of planting, provide more, and create a more natural look. At the southern and northern end, southern more important you can see from Prospect Plains. He was less concerned about driveway on northerly end. You do not want to see any outdoor storage on road or in industrial park. Either the perma-hedge or supplemental landscaping to assure proper screening.

10 Page 10 of 11 Mr. Petrino felt he addressed the professionals reports and addressed most of Mr. Preiss s concerns. He felt they were not trying to hide this from a residential area and within limitations he felt there could be refinement but not as extensive as in the report. The Board could approve subject to the applicant resolving the issues with the board s professionals, if not the application could come back to the board. Mr. Diamond sat out on the vote (Alternate quorum achieved) MOTIONED: Ms. Meacock motioned for approval SECONDED: Mr. Deverin ROLL CALL AYES: NAYS: ABSTAIN: ABSENT: Mr. Gerberich, Mr. Hebert, Ms. Meacock, Mr. Deverin, Mr. Patterson Mr. Dulin, Mr. Nissen Mr. Diamond (Alternate quorum achieved) Mr. Hoffman MOTION CARRIED EXECUTIVE SESSION Regarding personnel MOTION MADE TO GO INTO CLOSED SESSION MOTION MADE BY: SECONDED BY: Mr. Dulin Mr. Gerberich VOTE ROLL CALL AYES: NAYS: ABSTAIN: Mr. Dulin, Mr. Gerberich, Mr. Hebert, Ms. Meacock, Mr. Nissen, Mr. Deverin, Mr. Diamond, Mr. Patterson None None

11 Page 11 of 11 ABSENT: Mr. Hoffman MOTION CARRIED CLOSED SESSION DISCUSSION OPEN SESSION ADJOURNMENT OF MEETING There being no further business, on motion duly made, seconded, and carried, the meeting was thereupon adjourned. CERTIFICATE OF SECRETARY I, the undersigned, do hereby certify; That I am duly elected and acting secretary of the Cranbury Township Zoning Board of Adjustment and, that the foregoing minutes of the Zoning Board of Adjustment, held on April 30, 2014, consisting of 11 pages, constitute a true and correct copy of the minutes of the said meeting. IN WITNESS WHEREOF, I have hereunto subscribed my name of said Zoning Board of Adjustment this May 7, Josette C. Kratz, Secretary /jck