Franklin Township planning board reopens Onyx warehouse proposal; pipeline setback, truck routes and sidewalks remain unresolved

Onyx 789 LLC returned to the Franklin Township Planning Board to present a revised site plan for a 91,309-square-foot warehouse at 785 Old New Brunswick Road, and asked the board for one variance to shorten the townshippipeline setback to about 43.5 feet from the 100-foot requirement in the municipal ordinance.

The application, presented by attorney Peter Lanford and civil engineer Keith Cahill of Boller Engineering, included testimony on site layout, stormwater upgrades, landscaping and truck circulation. Cahill told the board, "This development is a permitted use for a warehouse in this zone and we're complying with all of the bulk standards," and said the revised plan adds three bioretention basins, a full emergency circulation road and new landscaping and screening.

Why this matters: The property borders a residential complex (Somerset Run Condominiums), a nursing home and a busy shopping center. The proposal places large truck loading courts and ten loading bays on the side of the building nearest residences and requires coordination with Buckeye Partners LP, which holds a pipeline easement that crosses the site and whose deed restricts buildings and changes to soil cover over the easement.

What the applicant proposed and what is unresolved

- Site and proposal: Cahill said the site is 6.15 acres at 785 Old New Brunswick Road (Block 507.15, Lot 2.01). The proposal shows a 91,309-square-foot building (1,995 square feet of office and 89,314 square feet of warehouse), 47 parking stalls and 10 loading spaces. The existing partially built retail structure on the lot is about 55,419 square feet and will be demolished.

- Pipeline setback variance: The township ordinance requires a 100-foot setback from the pipeline; the new building would sit about 43.5 feet from the pipeline. Cahill said the previous building on the site was roughly 12.5 feet from the pipeline and the revised plan increases that clearance; he also said Onyx has submitted drawings to Buckeye and intends to follow Buckeyestandards during construction. Buckeye attorney John Wisniewski told the board, "Buckeye has a property right on this property," and emphasized the deedlanguage that prohibits placing buildings on the easement and limits changes to soil cover over it. Wisniewski said Buckeye will supply engineers to testify about the easement at the next hearing.

- Stormwater, landscaping and utilities: Cahill described three above-ground bioretention basins plus an underground recharge basin intended to meet current New Jersey Department of Environmental Protection (NJDEP) stormwater and BMP requirements. The plan calls for roughly 867 new plants (546 in one count), 24 species, and a 6-foot solid fence along the property line to provide day-one screening. Cahill said 18 trees will be removed and the plan replaces them with additional plantings.

- Truck circulation and traffic: A major technical and community concern centered on how tractor-trailers would enter and leave the site. Cahill said trucks would be routed to and from New Brunswick Road, not through the private mall roadway that serves ShopRite (applicant representatives said they do not have a legal easement to use that private roadway). Township engineer Darren (CME) and several board members pressed for off-site truck-turning templates at the Old New Brunswick/New Brunswick Road intersection, and asked the applicant to show engineered turning exhibits that demonstrate trucks can make required turns without crossing double-yellow lines or encroaching on environmentally sensitive areas. Cahill said the applicant will produce those turning templates; Darren said if the turning exhibits require off-site work they may require DEP permits or property owner permission.

- Sidewalk waiver request: Cahill reported a waiver request for sidewalk along the north side of New Brunswick Road, citing a lack of an existing connection and environmental constraints at the sensitive corner. Several board members (including Charles Brown and others) said they oppose the waiver and urged that sidewalks be built to connect to nearby shopping and bus stops; others warned that a mid-block crossing would be unsafe unless signalized.

- Environmental remediation and LSRP: Cahill and applicant counsel said an LSRP (licensed site remediation professional) letter has been provided showing prior contamination issues were addressed; Cahill said the applicant will supply additional documentation to the township engineer and professionals for review.

Public safety, neighbors and public comments

Board members and many residents asked detailed questions on truck routing, backing distances, traffic queuing and pedestrian safety. Multiple residents from Somerset Run and adjacent neighborhoods said the Old New Brunswick/New Brunswick intersection is already dangerous and urged the board to require engineered proof that trucks will not block the intersection or divert onto weight-restricted local roads.

Board and staff guidance, next steps and public process

Township staff and the applicant agreed the plan still needs additional technical work. The township engineer asked the applicant to return with truck turning exhibits for both on-site and off-site movements, updated grading and stormwater test schedules, the LSRP confirmation, and evidence of coordination and any required approvals with Buckeye and the Delaware & Raritan Canal Commission. Several board members said they are not prepared to vote without those deliverables. Lanford told the board he and his client will return with the requested materials and the applicant granted a time extension to allow the board more time to act: "I will grant the board an extension of time to act through the March this year," Lanford said; the board carried the application to March 19 at 7:30 p.m. in this room for further testimony and public comment.

Votes at a glance (administrative votes recorded at this meeting)

- Resolution re: Chad Rosbach (PLN24000003): Board recorded a resolution denying the applicant. Eligible voters for that resolution were Theodore Chase, Robert LaCorte, Charles Brown and Mark Dancy; recorded votes were all "yes" on the denial. (Procedure note: only the members who had voted to deny the original application participated in the resolution vote.)

- Time extension for Onyx 789 LLC: Applicant counsel granted the planning board an extension of time to act until the March 19 continuance; the board accepted the extension on the record.

What was not decided

No final land-use approvals were granted for the Onyx site. The board did not vote on the pipeline setback variance, site plan, or sidewalk waiver; all were left open pending additional engineered exhibits, agency reviews (Buckeye, D&R Canal Commission, County Planning Board and NJDEP), and the township professionals' reviews.

Who said what (selected, verbatim)

- Keith Cahill, civil engineer for the applicant: "This development is a permitted use for a warehouse in this zone and we're complying with all of the bulk standards."

- John Wisniewski, attorney for Buckeye Partners LP: "Buckeye has a property right on this property."

- Peter Lanford, attorney for the applicant: "I will grant the board an extension of time to act through the March this year." (applicant granted extension to allow continuance.)

Ending

The board carried the application to March 19 for additional technical testimony (traffic engineer, planner and architect) and for additional public questions and comments. The board asked staff to circulate the township engineer's outstanding list of deliverables that the applicant must address before any vote.