The Work Session/Special meeting of the Borough of Florham Park Planning Board was called to order on Monday evening, April 24, 2000, at 7:07 p.m., followed by a regular meeting, at the Municipal Building, 111 Ridgedale Avenue, Florham Park.

Work Session

Roll Call:

Members Present

 Mr. Paul Chase, Chairman
 Mr. Michael DeAngelis, Vice Chairman
 Mr. Sam McNulty, Councilman
 Mr. John N. Corica, Borough Administrator
 Mr. Robert Reimers
 Mr. Raymond Hahn
 Mr. James Fonzino
 Mr. Michael Cannilla

Absent Member

 Mrs. Barbara Doyle, Mayor
 Mr. Corey DeVito, Alt. 1
 Mr. William Stoddard, Alt.#2

Also Present

 Mr. Lewis Wilson, Board
 Mr. Robert Kirkpatrick, Borough Engineer

Statement of Adequate Notice:

 Mr. Chase, Chairman, issued the following statement:

"I hereby announce and state that adequate notice of this meeting was provided by the Secretary of this Board by preparing a notice, specifying the time, date and place of this meeting; posting such notice on the bulletin board in the Municipal Building; filing said notice with the Clerk of the Borough forwarding the notice to the Florham Park Eagle, and forwarding, by mail and fax, the said notice to all persons on the request list, and that said notice will be included in the minutes of this meeting.  This action is in accordance with N.J.S.A. 10:4-6, et sec., "Open Public Meetings Act."

Work Session Actions

.      Tallum Realty, Inc.          Site Plan Waiver
        Best Option Mortgage, Inc.
        23 Vreeland Road
        Block 301, Lot 13, C-1 Zone
        Application Number 00SPW8

Summary of Application: Best Option Mortgage, Inc. proposes to occupy 1835 square feet of general office space at 23 Vreeland Road with 272 parking spaces of which 110 are occupied.  The hours of operation will be from 8 a.m. to 6 p.m.; there will be 8 employees; there will be 8 parking spaces assigned to this tenant.  There will be no retailing from this space, no exterior changes.  Deliveries will be the general office deliveries.

 Mr. DeAngelis moved for the approval of this application, seconded by Mr. McNulty.

Roll Call: Chase yes, DeAngelis yes, McNulty yes, Corica yes, Reimers yes, Hahn yes, Fonzino yes,  Cannilla yes.

     Asco Valve Manufacturing, Inc.        Minor Subdivision
     50 Hanover Road
     Block 303, Lot 5, C-1 Zone
     Application Number 00MINSD1

The applicant proposes to subdivide the property into 2 conforming lots.  The approximate acreage of the subdivision is 82.4 acres.

The Board deemed this application complete and gave the applicant the meeting date of April 24, 2000.

             The following has been submitted in support of the application:  1) Application, 2) Minor subdivision plat; 3) Disclosure of ownership; 4) Fees; 5) Tax payment certification; 6) Minor subdivision checklist; 7) Copies of Morris County Planning Board application; 8) Subdivision plans.

Roll Call: Chase yes, DeAngelis yes, McNulty yes, Corica yes, Reimers yes, Hahn yes, Fonzino yes, Cannilla yes.

Mr. Robert Kirkpatrick, Borough Engineer advised the Board that the size of the elevator of the new dorms would accommodate a First Aid Squad member and a gurney in the horizontal position.

On motion duly made and seconded the meeting of the Board was adjourned to the Regular meeting at 7:30 p.m.

Regular Meeting

The Regular meeting of the Borough of Florham Park Planning Board was called to order on Monday evening, April 24, 2000, at 7:45 p.m., at the Municipal Building, 111 Ridgedale Avenue, Florham Park.

Members Present:

Mr. Paul Chase, Chairman
 Mr. Michael DeAngelis, Vice Chairman
 Mr. Sam McNulty, Councilman
 Mr. John N. Corica, Borough Administrator
 Mr. Robert Reimers
 Mr. Raymond Hahn
 Mr. James Fonzino
Mr. Michael Cannilla

Members Absent:

 Mrs. Barbara Doyle, Mayor
 Mr. Corey DeVito, Alt.#1
 Mr. William Stoddard, Alt.#2

Also Present:

 Mr. Lewis Wilson, Board Attorney
 Mr. Robert Kirkpatrick, Borough Engineer

Statement of Adequate Notice:

 Mr. Chase, Chairman, issued the following statement:

"I hereby announce and state that adequate notice of this meeting was provided by the Secretary of this Board by preparing a notice, specifying the time, date and place of this meeting; posting such notice on the bulletin board in the Municipal Building; filing said notice with the Clerk of the Borough forwarding the notice to the Florham Park Eagle, and forwarding, by mail and fax, the said notice to all persons on the request list, and that said notice will be included in the minutes of this meeting.  This action is in accordance with N.J.S.A. 10:4-6, et sec., "Open Public Meetings Act."

                March 27, 2000 – Work Session/Regular Meeting
                April 10, 2000 – Work Session/Special Meeting

Mr. Chase, Chairman announced that no new testimony will be made after 10:30 p.m.

Resolutions:

 Mr. Reimers moved for the approval of the following resolution, seconded by Mr. Fonzino.

       Mack-Cali            Site Plan Waiver
        Adminastaff Services, 325 Columbia Turnpike, Block 502, Lot 2, C-1 Zone.
          Application Number 00SPW7.

WHEREAS, 500 COLUMBIA TURNPIKE ASSOCIATES, L.L.C., c/o MACK-CALI REALTY CORP. (the "Applicant"), 325 Columbia Turnpike, Florham Park, New Jersey 07932, have made application for approval of a waiver of site plan review from the Planning Board of the Borough of Florham Park (the "Planning Board") in connection with a change of tenancy to a new tenant known as Adminastaff Services for general office use of 7,887 square feet of office space on the third floor in an existing office building at property commonly known as Mack-Cali Corporate Center, 325 Columbia Turnpike, and designated as Block 502, Lot 2 on the Tax Map of the Borough of Florham Park, and which premises are in the C-1 Zone; and

 WHEREAS, the Applicant has submitted the following plans, drawings and exhibits in support of its application:

 1.   Site/Parking Plan prepared by Couvrette Assoociates, Inc.
2. Portion of  Florham Park Borough Tax Map
3. Portion of Third Floor Plan prepared by Mack-Cali Realty Corporation
4. Recycling Program prepared by Mack-Cali Corporation; and

 WHEREAS, the Planning Board has made the following findings and conclusions:

 1.  Applicant is the owner of the property containing a three-story office building.  There are multiple tenants in the building, which will be 98% occupied once the new tenant takes possession.  John DeCaro, Property Manager for the Applicant, appeared before the Planning Board in support of the proposed application.

 2.  The application for site plan waiver is in connection with the change in tenancy of approximately 7,887 square feet of office space on the third floor of the existing building at 325 Columbia Turnpike for general office use.  Adminastaff Services will occupy the space previously rented by a computer company.

 3.   The previous tenant of the office space had 30 employees at this location.   Adminastaff Services will have 28 employees at the office space.  The hours of operation will be Monday through Friday, from 9:00 a.m. to 5:00 p.m.  There will be no deliveries to the office space, other than occasional overnight courier deliveries.

 4.   A total of 31 parking spaces on the site have been allocated by lease to the tenant for its employees and visitors for the office space.    A total of 31 spaces are required based upon the gross area of the space.   However, a total of 118 parking spaces remain unused at the office building site, after including the spaces allocated by lease to the new tenant.  The parking remains adequate for the current uses, as well as for the proposed tenancy of Adminastaff Services.

 5.  There will be no retailing from the building by the proposed tenant.  No signage or exterior changes are required in connection with this application.

 6.  The proposal does not involve substantial structural changes or site development considerations and approval of a waiver of full site plan review can be given; and

 WHEREAS, the Borough Engineer has reviewed the application and exhibits submitted by the Applicant, and the external impact of the proposal, and recommended that full site plan review not be required in connection with the subject application; and

 WHEREAS, the Planning Board also reviewed the Applicant's proposal and the recommendations of the Borough Engineer, and based upon information provided by the Applicant, and its own examination of the exhibits, the Planning Board found no cause for requiring full site plan review.

 NOW, THEREFORE, BE IT RESOLVED, on this 24th day of April, 2000, that the Planning Board of the Borough of Florham Park hereby approves a waiver of formal site plan submission and review in connection with the subject application, subject to the following conditions:

 1.  Compliance with all applicable borough, county, state and federal laws, ordinances, regulations and directives, including Uniform Construction Codes, Borough Zoning Ordinance and Borough Sign Ordinance.

 2.  Payment of all fees and escrow deposits required by the Borough of Florham Park in connection with this application, any renovations and the permits and inspections required in connection with the same.

 3.  Compliance with any requirements established by other governmental authorities having jurisdiction, including the Borough Fire Official, Florham Park Sewerage Authority, Borough Board of Health, Borough Plumbing Inspector and Borough Construction Code Official.

 4.  Issuance of all required permits, including construction permits, as required by the Construction Code Official.

 5.  Issuance of a certificate of continued occupancy.

 6.  No retailing shall take place at the leased space.

This Resolution memorializes action taken by the Planning Board at its March 27, 2000 Public Work Session Meeting.

Roll Call: Chase yes, DeAngelis yes, McNulty yes, Corica yes, Reimers yes, Hahn yes, Fonzino yes, Cannilla yes.

Mr. Cannilla moved for the approval of the following application, seconded by Mr. McNulty.

      Florham Park Board of Education      Sign Variance with Conditions
      71 Ridgedale Avenue, Block 2201, Lot 1, OSM Zone
      Application Number 00-S-1.

WHEREAS, THE FLORHAM PARK BOARD OF EDUCATION (the "Applicant"), Briarwood Road, Florham Park, New Jersey 07932, has made an application to the Planning Board of the Borough of Florham Park (the "Board") for a sign variance in connection with the proposed four foot by eight foot, double-sided cabinet sign for the Ridgedale Avenue School at property commonly known as 71 Ridgedale Avenue, and designated as Block 2201, Lot 1 on the Tax Map of the Borough of Florham Park, and which premises are in the OSM Zone; and

 WHEREAS, the Applicant has submitted the following plans, drawings and exhibits in support of its application:

 1.  Site Plan
2. Portion of  Florham Park Borough Tax Map
3. Portion of Site Plan showing removal of existing sign and proposed location of new sign
4. Picture and Specifications of proposed sign
5. Certification that Taxes Are Paid
6. Affirmation of Owner and Applicant; and

 WHEREAS, the Board has made the following findings and conclusions:

 1.  Applicant is the owner of the subject property that contains an existing middle school building.  Applicant proposes removing an existing sign identifying the school as the Ridgedale Avenue and replacing it with a larger sign having a width of 5 feet, 7 inches, a depth of 1 foot and a height of 9 feet, 5 inches.   The existing sign is 8 feet wide and 10 feet high ones-sided and is placed parallel to Ridgedale Avenue.   The proposed sign will be double-sided and be placed perpendicular to and set back 25 feet from the Ridgedale Avenue street line.

 2.  The proposed sign will have the school name, “Ridgedale Middle School”, placed on the top and have an area to be used for school messages and community notices.  The sign will be dark green and trimmed in brick to match the materials used on the existing school façade.   The sign will be illuminated by florescent lighting in the sign cabinet.  The proposed sign also will have the imprint of the school cabinet.

 3.   The area of the proposed sign is 54 feet and is in excess of that allowed by Section 23C of Chapter 199, the Borough Sign Ordinance.   The Borough Sign Ordinance allows a maximum sign area of 24 square feet for a free-standing sign.

4. Testimony was given by Mr. Ben Greco, teacher, and by Miss Erin Tooley and Miss Jesse Mango, eighth grade students, in support of the enhanced size of the proposed sign.   The increased sign area will make it possible to keeping the school and community informed of activities that will take place, a benefit not possible with the existing sign configuration.   There is a special need to inform the public and students of coming events.   The sign may be used to announce community events as well.

 5.  Placing the sign perpendicular to the Ridgedale Avenue right of way is less intrusive than its current location, while facilitating its visibility from motor vehicles traveling in both directions on Ridgedale Avenue.

 6.  The actual sign portion of the sign structure is 32 square feet, an area substantially less than the existing sign.

 7.  The benefit of providing useful school and community activity notices greatly outweighs any possible detriment of granting the sign variance, and such variance can be granted without substantial detriment to the public and to the surrounding area, provided the lighting of the sign is limited to a reasonable time period; and

 WHEREAS, the Planning Board reviewed the Applicant's proposal and based upon information and testimony provided by the Applicant and its own examination of the exhibits, and he Planning Board finds sufficient reasons for granting the requested sign variance.

 NOW, THEREFORE, BE IT RESOLVED, on this 24th day of April, 2000, that the Planning Board of the Borough of Florham Park hereby approves the requested sign variance, subject to the following conditions:

 1.  The lighting of the sign will be turned off at a reasonable time each evening, the same to be no later than 11:00 p.m.

 2.  Applicant will obtain all required permits, including sign permit, as required by the Construction Code Official.

This Resolution memorializes action taken by the Planning Board at its March 27, 2000 Public Meeting.

Roll Call: McNulty yes, Corica yes, Cannilla yes, Hahn yes.
 

    Mr. McNulty moved for the approval of the following resolution, seconded by Mr. Hahn.

     Rock-Florham, L.L.C.          Amended Preliminary/Final Site Plan Approval
     180 Park Avenue, Block 1401, Lot 4, C-1 Zone    with Variance and Conditions
     Application Number 98SD1(F).

WHEREAS, ROCK-FLORHAM, L.L.C. (the “Applicant”), 500 International Drive, Mount Olive, New Jersey 07828, has applied to the Planning Board of the Borough of Florham Park (the “Board”) for amended preliminary and final site plan approval and approval of a building height variance in connection with the proposed construction of an office building known as Building 105 and the proposed construction of parking, driveway, drainage and other related improvements on property located in the C-1 Office and Manufacturing Zone, and along the easterly side line of Park Avenue, and consisting of Tax Block 1401, Lot 4 on the official tax map of the Borough of Florham Park, Morris County, New Jersey; and

 WHEREAS, Applicant seeks these approvals pursuant to N.J.S.A. 40:55D-49.b. in order to proceed with construction of Building 105, one of two new office buildings with related improvements included in preliminary site plan approval granted to the Applicant for the subject property on July 27, 1998; and

 WHEREAS, in connection with this application for amended preliminary and final site plan approval, Applicant also seeks the following variance relief:
 

1. Section 250-9.   Applicant is seeking a variance for the height of the proposed office building known as Building 105 in order to increase the building height to 43 feet, 11.5 inches, while the maximum height permitted in the C-1 Zone is 40 feet; and

 WHEREAS, the Board has considered Applicant’s development proposal as depicted in the following plans:

 “Amended Preliminary and Final Site Plan, Rockefeller Group Corporate Park, Phase I, Building 105, Lot 4, Block 1401, Borough of Florham Park, Morris County, New Jersey”, dated February 8, 2000, having a latest revision date of March 28, 2000, prepared by Chester, Ploussas, Lisowsky Partnership, L.L.P., Planning, Architecture, Engineering and Surveying, Mount Olive, New Jersey, consisting of Sheets 1 through 20, and consisting of Architectural Plan Sheets A-1 through A-7, dated February 8, 2000, and having no revision date, prepared by Cooper, Robertson and Partners, Architects, New York, New York, as follows:

 Sheet Number       Date

 1   Cover Sheet & Sheet Index    03/28/00
2   General Notes      03/28/00
 3   Vicinity Map      03/28/00
 4   Minor Subdivision Map     03/28/00
 5   Overall Site Plan      03/28/00
 6   Amended Preliminary & Final Site Plan - Building 105 03/28/00
 7   Amended Prelim. & Final Grading Plan - Building 105 03/28/00
 8   Ridgedale Avenue Water Main Inter-Connection  03/28/00
 9   Profiles – Building 105     03/28/00
 10 Pre-Development Drainage Area Map – Building 105 03/28/00
 11 Post-Development Drainage Area Map – Building 105    03/28/00
 12 Landscaping Plan – Building 105    03/28/00
 13 Lighting Plan – Building 105    03/28/00
 14 Soil Erosion & Sediment Control Plans   03/28/00
 15 Soil Erosion & Sediment Control Plan Ridgedale Ave. 03/28/00
 16 Soil Erosion & Sediment Control Notes 7 Details  03/28/00
 17 Landscape/Lighting Details    03/28/00
 18 Construction Details     03/28/00
 19 Construction Details     03/28/00
 20 Construction Details     03/28/00
 A-1 (Building 105, Ground Floor Plan)   01/31/00
 A-2 (Building 105, First Floor Plan)    02/08/00
 A-3 (Building 105, Second Floor Plan)   02/08/00
 A-4 (Building 105, Third Floor Plan)    02/08/00
 A-5 (Building 105, Roof Plan)    02/08/00
 A-6 (Building 105, Elevations)    02/08/00
 A-7 (Building 105, Sections)     02/08/00

 WHEREAS, the Board has also received and reviewed the following documents:

1. “Stormwater Management Reportfor Rockefeller Group Corporate Park, Building 105, Phase 1; Final Site Plan, Lot 4, Block 140, Borough of Florham Park, Morris County, New Jersey”, dated February 17, 2000, prepared by Gregory Ploussas, P.E., P.P., Chester, Ploussas, Lisowsky Partnership, LLP

2. Review Reports dated March 24, 2000 and April 7, 2000 from Robert A. Michaels, P.P., Borough Planning Consultant.

3. Review Reports dated March 13, 2000 and April 10, 2000 from Robert C. Kirkpatrick, P.E., P.P., Borough Engineer.

4. Site Plan Review Report from Morris County Planning Board dated
March 15, 2000.

5. Review Memorandum dated October 25, 1999, from Robert A. Young, Borough Fire Official.

6. Soil Erosion and Sediment Control Plan Review Report dated December 30, 1999 from Morris County Soil Conservation District.

7. Correspondence dated March 27, 2000 and March 31, 2000 from Gregory Ploussas, P.E., P.P.

8. Correspondence dated March 6, 2000 from Brian D. Burns, Esq., the Applicant’s attorney, and Easement Agreement  between ITC Hotel Limited Partnership (current owner of Lot 4, Block 1401) and Exxon Research and Engineering Company (owner of Lot 1, Block 1401) for potential future highway interchange, which agreement was recorded on June 17, 1999 in the Morris County Clerk’s Office in Deed Book 4995 at Page 005 et seq.

9. Exhibit AP-1 Aerial photo of the Exxon Campus, dated 1998

10. Exhibit AP-2 Aerial photo of Lot 4, dated 1998

11. Exhibit AP-3 Colored rendition of final site plan

12. Exhibit AP-4 Preliminary site plan with parking rings

13. Exhibit AP-5 Final site plan of Building 105 with parking rings

14. Exhibit AP-6 Copy of the site water system

15. Exhibit AP-7 Letter dated March 27, 2000 re: parking configuration

16. Exhibit AP-8 Colored rendition of elevation

17. Exhibit AP-9 Wall section

18. Letter Reports dated May 26, 1998 and August 25, 1998 from Robert A.
      Young, Borough Fire Chief/Fire Official

19. Emergency Water Interconnection Report dated August 24, 1998 from
      James J. Poirier, P.E., Killam Associates, Consulting Engineers; and
 

 WHEREAS, the Board has also considered all testimony, reports, exhibits and other evidence submitted in connection with the application; and

 WHEREAS, the application was the subject of duly noticed public hearings on March 27, 2000 and April 10, 2000; and

 WHEREAS, the Board has made the following findings and conclusions based upon the evidence submitted:

1. Applicant is the contract purchaser of the subject property and has standing to
present this matter before the Board.   The property owner, ITC Hotel Limited Partnership, has authorized Applicant to make and present the subject application.

2. The subject property is located in the C-1 Office and Manufacturing Zone.
The proposed office building use in connection with Building 105 is a permitted use in that zone.

3.  The application is for amended preliminary and final site plan approval with a principal building height variance to permit the construction of Building 105, a general office building containing 216,007 square feet of building area, one of two office buildings included in the preliminary site plan approval granted for the subject property on July 27, 1998.   No action is proposed for the other office building, Building 106, at this time.  Other site improvements proposed as part of the amended preliminary and final site plan for Building 105 are parking spaces provided on surface parking lots and under the building, lighting, landscaping, utilities, drainage facilities, walkways and driveways.

 4.  Water for the development will be provided by extending the existing connections to the site.   The water tower located on the Fairleigh Dickinson University property supplies water to the site through a water main from the tower.   A new line tap has been made into the Jersey American Water line on Park Avenue to provide an additional source.  This line ties into the Exxon water supply line at the Park Avenue side of the building complex.  Pursuant to a recommendation by the Borough Fire Official, an additional source will be brought in off of Ridgedale Avenue and be connected to the system at the rear of the building complex.  This connection will provide a water supply from each direction and provide a looped water supply system.  This system also will provide an emergency source of water to the building complex in the event that the main water feed line is ever out of service.   The Borough Fire Official also requested that the hydrants and standpipes be located on the final site plan in accordance with his recommendations and that Applicant provide the supplemental fire pumps required to provide sufficient pressure to operate the fire suppression system in the proposed building, in accordance with the Emergency Water Interconnection Report dated August 24, 1998 from Killam Associates, Consulting Engineers. Finally the Borough Fire Official stated at the March 27, 2000 hearing that Applicant should provide adequate roadways for emergency equipment and that a through access road to the site would be required.   Applicant agreed to this condition.

 5.   A stormwater detention basin and other drainage and stormwater management facilities are provided in accordance with the Stormwater Management Report of Applicant’s engineer.   Revisions to the plans and facilities were requested by the Borough Engineer in his letter reports and some of these revisions are still pending.

6. Various additional changes and corrections to the plans were requested by the
Borough Engineer in his letter reports and Applicant’s engineer agreed to make such changes on behalf of Applicant.   Some of these changes and corrections, including the submission of construction scale drawings and the inclusion as part of the plans the plans for improvements to Park Avenue and Columbia Turnpike referred to in Condition No. 7 of the Resolution of Preliminary Site Plan Approval and Minor Subdivision Approval dated July 27, 1998.

7.   The plans include parking facilities, consisting of surface parking areas and some parking under the building.   Changes were made to the original configuration of the parking as set forth in the preliminary site plan due to the actions of the New Jersey Department of Environmental Protection and Applicant’s attempt to comply with the requirements of preliminary approval for moving the building back from the roadway.   In response to the concerns expressed by the Borough Engineer and by Board Members regarding the utility of a parking lot located a considerable distance from Building 105, the remote parking lot (parking lot E) has been removed from the plans and Applicant is requesting that only 740 parking spaces be provided now, and 124 spaces be reserved for future construction, if needed.  A total of 864 parking spaces are required by the Zoning Ordinance.  The location of such future spaces is where detention basin “B” is proposed.   If the reserved spaces are constructed, the detention basin at that location will be converted to an underground basin.   The 740 parking spaces being constructed now gives the building a parking ratio of 3.43 parking spaces per 1,000 square feet of building area.

 8.   In the event that either the Zoning Officer, Borough Engineer or Planning Board determines that the parking as constructed for Building 105 results in an inadequate number of parking spaces, Applicant or its successors or assigns will be required to filed an amended site plan application for approval in order to construct the parking lot containing the reserved parking spaces and the underground storm water management system.   Such amended site plan application also may be initiated by Applicant, its successors and assigns.   This condition was accepted on behalf of Applicant.

 9.  The height variance request is due to the Applicant’s desire to provide a “Class A” type office building that will attract and meet the requirements of quality tenants.   The design and specifications of Building 105 in the preliminary site plan met the all of the “Class A” office building requirements except for the distance between floors.   That distance between floors in a “Class A” office building is at least 13.5 feet while the preliminary site plan provided a distance of 12.5 feet.  In order to provide the appropriate distance between floors for a “Class A” office building at the Building 105 location, a building height of 43 feet, 11.5 inches is now required, instead of 40 feet as is permitted in the C-1 Zone.

 10. Various witnesses gave testimony on behalf of the Applicant in support of granting the requested variance relief for the building height.   The variance from the requirement of Section 250-9 is being sought by Applicant pursant to N.J.S.A 40:55D-70 c. (2).  Mr. Jonathan Meisel, commercial real estate broker with Cushman & Wakefield, testified regarding the reasons for requesting a building height variance for Building 105.   He stated that the subject building was a “Class A” building and that tenants for such buildings typically demand a slab-to-slab height of 13 feet, 6 inches between floors.   Building 105 as originally designed without the height variance met all of the criteria for a “Class A” building, including materials, image and parking, except for the slab-to-slab height, which was 12 feet, 6 inches instead of 13 feet, 6 inches.  In order to increase the slab-to-slab distance to the appropriate height, the building height for Building 105 must be increased.  Mr. Meisel stated that the additional slab-to-slab height and building height were needed for an appropriate image in the lobby and other common areas and in order to allow for proper cove lighting above the ceiling, ventilation and data transmission space within each floor.  The additional slab-to-slab height gives prospective tenants of “Class A” buildings the additional flexibility they require for meeting technological changes.  The safety benefit of relocating the existing standing sign having 64 feet in area outweighs any possible detriment.

 11. Gregory Ploussas, Applicant’s engineer, also testified that the building would be set back in excess of 600 feet from any perimeter tract line of the Exxon tract and more than a quarter mile from the nearest residence.   The building would be only briefly visible from certain locations on Route 24 and Park Avenue where there is open terrain The building will be located next to an area of the Borough where building heights of 45 feet are permitted (C-4 Zone).  There will be virtually no visual adverse impact due to the increased height of the building.  The benefit of providing a true “Class A” building that typically allows for a lower occupancy rate and parking demand outweighs any possible detriment resulting from the granting of the requested building height variance.

 12. The variance requested by Applicant can be granted without detriment to the public good and without substantially impairing the intent and purpose of the zone plan and zoning ordinance.   The benefits, including the facilitation of better planning for development of the site, of attracting superior tenants to Building 105, and of allowing for the construction of a more modern, state-of-the-art, first class office building, from the  granting the “flexible c (2)” type variance for height, substantially outweigh any detriment.

 13. Lisa J. Whipkey, Esq., of Cooper, Rose & English, L.L.P., representing Cheshire Home, entered her appearance at the March 27, 2000 hearing.   She stated that there was an existing cross-walk across the driveway of the site on Ridgedale Avenue.   For safety reasons, signage alerting motorists of the handicapped crossing and repainting of the cross-walk were required.   Applicant’s representatives agreed that such measures would be undertaken by Applicant and would be a condition in any approval resolution.

  14. Applicant also agreed to the imposition of a condition that at least one of the
elevators in Building 105 would be large enough to accommodate a first aid gurney in the
horizontal position, along with first aid staff.

 15. In its March 15, 20000 Site Plan Report, the Morris County Planning Board
reconfirmed that County approval was given to the preliminary site plan with the
condition that Applicant take responsibility for the dualization of the Park Avenue
northbound right turn lane into eastbound Columbia Turnpike and that this condition
remains in full force and effect.   A developer’s agreement and promissory letter
memorializing this improvement and the planned signalization changes are required
by the Morris County Planning Board before it will approve the subject final site plan.

 16. Subject to the conditions of this Resolution, this application meets the
requirements for granting amended preliminary site plan approval for the proposed development and for granting the variance relief requested.

 NOW, THEREFORE, BE IT RESOLVED, on this 24th day of April, 2000, that the subject application by Rock-Florham, L.L.C. for amended preliminary site plan approval for the proposed development and for final site plan approval in connection with Building 105 and related improvements, and for the building height variance relief requested, be and hereby is granted and approved by the Planning Board of the Borough of Florham Park, subject to the following conditions:

1. Applicant shall comply with all applicable Borough, County, State and
Federal laws, ordinances, regulations and directives.

2. All construction, use and development of the property shall be in conformance
with the plans approved herein, all representations of Applicant and its witnesses during the public hearings and all terms and conditions of this Resolution.  Any deviation from the terms or conditions of the approved plan, or the terms or conditions of this Resolution, shall be deemed a violation of the terms and conditions of site plan approval.

3. Prior to commencement of any construction pursuant to such final site plan
approval:

a. Applicant shall obtain the approval and comply with all requirements of the New Jersey Department of Environmental Protection, and shall obtain the approval and comply with all requirements of the Morris County Planning Board, Morris County Soil Conservation District, Borough Fire Official and Borough Engineer.   Applicant shall submit proof to the Board and to the Borough Engineer that it has obtained approvals from all other governmental authorities with jurisdiction.

b. Applicant shall have paid all required application fees, escrow deposits and technical review fees.

c. Applicant shall post inspection fees as required by ordinance.

d. Applicant shall arrange for and attend a pre-construction meeting with the Borough Engineer, and such other Borough Officials as the Borough Engineer shall designate.  The construction scale drawings shall be provided on or before said meeting.

e. Applicant shall provide performance guarantees for any and all improvements to be dedicated to the Borough of Florham Park, if any.  Such performance guarantees shall be satisfactory in form to the Borough Attorney, and in amount to the Borough Engineer.   Such performance guarantees shall be governed by all applicable provisions of the Municipal Land Use Law and the Land Development Ordinance of the Borough of Florham Park.

f. Applicant shall submit 12 complete sets of the site plans approved herein, consecutively numbered and attached and containing the revisions described in the Borough Engineer’s review reports of March 13, 2000 and April 10, 2000, all of which shall be submitted to and approved by the Borough Engineer.

g. Applicant shall enter into a Developer’s Agreement with the Borough of Florham Park.  The developer’s agreement shall include, without limitation, provisions relating to items such as performance guarantees for site improvements, restoration and maintenance guarantees, inspections, pre-construction meetings, insurance coverage and the like.   The form and content of such developer’s agreement shall be subject to the approval of the Borough Attorney and the Board Attorney.

h. Applicant shall have executed and delivered to the Borough grants for  easements, if any, which are to be dedicated to the Borough of Florham Park as shown on the approved plans, or as required in this Resolution.   The form and substance of all easements shall be subject to the review and approval of the Borough Engineer and Borough Attorney.

4. All site improvements, screening, fencing and landscaping required by the
approved plans or the terms and conditions of this Resolution shall be maintained in good condition for so long as any building, structure or use approved herein shall remain on the property.

5. Applicant shall provide maintenance guarantees for all improvements covered
by a performance guarantee.   Applicant also shall post a restoration guarantee in connection with the area to be disturbed in connection with the development of the project.  Such guarantees shall be governed by all applicable provisions of the Municipal Land Use Law and the Land Development Ordinance of the Borough of Florham Park.  Such maintenance guarantees shall be satisfactory in form to the Borough Attorney, and in amount to the Borough Engineer.  This condition shall be satisfied in conjunction with an application for final site plan approval.

6. Applicant’s operations, including all new and/or modified uses, structures and
equipment approved herein, shall comply with Ordinance performance standards in all respects, including applicable noise, odor and glare standards.  Compliance with these standards shall be a continuing requirement for occupancy of the buildings, structures and uses approved herein.

7. Applicant’s construction activities shall be limited to those hours permitted by
ordinance.

8. Applicant shall comply with all of the requirements of the Borough Engineer,
including those set forth in his letter reports dated March 13, 2000 and April 10, 2000.

9. Applicant shall comply with all of the requirements of the Borough Fire
Official, including those set forth in his report memoranda dated May 26, 1998 and August 25, 1998 and by reference the requirements set forth in the Emergency Water Interconnection Report dated August 24, 1998 of Killam Associates, Consulting Engineers.   Applicant shall provide the supplemental fire pumps as described in the Killam Report if the same are deemed necessary to maintain the fire suppression systems in the new building.

10. The existing cross-walk used by Cheshire Homes across the driveway at the
Ridgedale Avenue site exit will be maintained and Applicant will provide signage alerting motorists of handicapped traffic at that location.   Applicant also will re-paint the cross-walk.

11. One elevator in Building 105 will be of sufficient size to accommodate a first
aid gurney in the horizontal position, along with first aid staff.

12. Applicant, its successors and assigns will submit a Trip Reduction Plan to the
Board by January 1st of each year, beginning January 1, 2001, and submit a copy of the plan to the Borough Police Chief.

13. Applicant has reserved a total of 174 parking spaces in connection with the
subject application and the site plan has been revised to indicate a Future Reserved Parking Lot C Expansion of 124 spaces.  If these spaces are required, Detention Basin B will be converted into this expanded parking lot and the detention facilities will be installed underground.   In the event that an inadequate number of parking spaces comes to the attention of the Zoning Officer, Borough Engineer or the Planning Board, Applicant, its successors and assigns will be required to file an amended site plan for approval by the Board to construct the expanded parking lot and underground storm water management system.   Applicant also can initiate this process for obtaining the additional parking by filing an amended application.

14. Adequate roadways for emergency equipment and a through access road for
such equipment to the site will be provided by Applicant.

15. Prior to the issuance of any building permit pursuant to these approvals,
Applicant shall comply with all requirements of the Borough Construction Official.

Roll Call:  Chase yes, Corica yes, McNulty yes, Reimer yes, Hahn yes.

        Asco Valve Manufacturing, Inc.        Minor Subdivision
        50 Hanover Road
        Block 303, Lot 5, C-1 Zone
 Application Number 00MINSD1

Summary of Application: The applicant proposes to subdivide the property into 2 conforming lots.  The approximate acreage of the subdivision is 82.4 acres.

Summary of Testimony:

 Mr. Brian Burns, Esquire, entered his appearance on behalf of the application.

 The following witnesses being duly sworn testified on behalf of the application.

 Mr. Ed Amaducci, Plant Manager
 Mr. Peter Borbas, Licensed Land Surveyor

 The witnesses testified to the existing conditions on this 82.4-acre parcel of land.  The location of said property is between Hanover Road and Vreeland Road.  The existing building has a 1500-foot frontage.  There is 1,249 parking spaces provided and are under utilized for 900+ employees at the Automatic Switch site.

 The proposed new site is wooded and is approximately 3 to 500 feet from Fernwood Road.  The access and utilities would be on Fernwood Road.  Portions of this proposed site have wetlands.  Frontage is 339 feet (Fernwood).  The proposed property line would run along the sewer easements that exist.

 The new lot will have 33.49 acres and the ball field that exists will go with this site.  The property with the existing building will be 48.9964 acres.

 Mr. Kirkpatrick, Borough Engineer stated to the applicants that the deed description must fit the site, if different from the deed than it must be indicated on the plans.  The geometry and deed must plot the sanitary sewer; manholes must be indicated on the plans as well as easements for the sewerage lines.  Easements for sewerage lines should be created.  The existing sewerage lines for Automatic Switch should be included on the plans. All easements that are not needed are to be vacated.

 There is a typographic error on the property owner’s certification that will need clarification.

 Mr. Chase opened the meeting to the public, seeing no one closed the meeting on this application to the public.

 Mr. Hahn moved for the approval of this minor subdivision with the recommendation of Mr. Kirkpatrick concerning the site plan additions, seconded by Mr. DeAngelis

 Roll Call: Chase yes, DeAngelis yes, McNulty yes, Corica yes, Reimers yes, Hahn yes, Fonzino yes, Cannilla yes.

 Commentary of Board Members: The Board has a concern for future development of this new lot.

 Mr. Chase directed the Board attorney to prepare a resolution of approval and that said resolution would be presented to the Board at the next Regular meeting.

     Regency Plaza, L.L.C.           Amended Site Plan w/Sign & Parking Variance
     186 Columbia Tpk.
     Block 801, Lot 2, B-1 Zone
     Application Number 99ASP1

Summary of Application:     The applicant proposes to convert the northerly one-way driveway into a two-way driveway; change the monument sign that will require a variance; expansion of the dumpster enclosure area; parking variance - 151 parking spaces, where 159 spaces are required.

    The applicant will be remodeling the exterior of the existing mall.  Extension of time for the expansion site plan approval was granted to 12/31/99 and the applicant applied for the construction permit prior to the expiration date of the time extension.

    Continued from the March 27, 2000.  Expiration 5/19/00.  Request for time extension to June 30, 2000.

    The Board granted the request for continuation.

    Mr. Brian Burns, Esquire, attorney for the applicant advised the Board that the applicant will be complying with Mr. Kirkpatrick’ order.

    The Board advised Mr. Burns that the applicant can build under the 1990 approvals only and that if the applicant wants to continue in the manner in which they are, then they should withdraw the current application.  The work at the site has not been inspected.  The cross access is a concern and needs to be resolved by the property owners.

    On motion duly made, seconded and approved, the meeting of the Planning Board was adjourned at 9:46 p.m.
 

       Cathleen Amelio, Secretary