By Christina Whittington, Special Writer
HIGHTSTOWN — The Planning Board held the first public hearing Sept. 10 regarding plans for the former Minute Maid plant on Route 33.
The applicants, owners Bruckner Southern LLC and Mercer Street Warehouse LLC, are seeking a use variance that would allow for additional warehousing while adding manufacturing production at the plant.
Currently, this is not allowed because the area is zoned highway commercial, which does not permit these additional uses. To date, some warehousing is operational at the plant.
As previously reported by the Herald, the Planning Board unanimously deemed the use variance application complete at its Aug. 13 meeting upon the recommendation of Borough Engineer Carmela Roberts in a letter dated July 23.
Borough Attorney Gary Rosenweig stated at the Aug. 13 meeting that from the determination of completeness of the application, the Planning Board had 120 days to reach a decision on the application. Mr. Rosenweig also stated that the board can require additional information that would be necessary to make a decision on the application.
The applicants brought with them three experts — an architect, a traffic engineer and a professional engineer — to speak on their behalf on Sept. 10 regarding why the use variance should be granted.
”What I would like to address this evening pertains to how the proposal for warehousing, distribution and manufacturing compares in terms of traffic intensity to what we would expect under your zone plan for permitted use in the (highway commercial) zone,” said Gary Dean, traffic engineer and principal of Dolan and Dean Consulting Engineers located in Martinsville.
On behalf of the applicants, Mr. Dean continued, “We know as a matter of zoning, something will happen on this property, it’s inevitable. The question at this point is how does this proposal compare to your zoning?”
According to Mr. Dean, the traffic impact for the permitted uses of the current highway commercial zoning, office and retail, yield more traffic movements per day than the use variance the applicant is applying for to permit additional warehousing and manufacturing.
Mr. Dean said he based his opinions on findings using trip generation comparisons.
”Using the site essentially for a passive use such as the storage of goods and materials generates much less traffic than is otherwise expected from permitted uses in your HC zone. So, I believe, from a traffic engineering perspective, that the fact of this proposal significantly reduces traffic activity,” Mr. Dean said.
James Kochenour, a traffic engineer retained by the borough for the use variance hearing process, voiced his concerns over Mr. Dean’s testimony.
”What is shown in the table and the conclusions Mr. Dean has reached for the most part are inherently correct. Retail use is a higher generator of traffic than an industrial, warehousing or manufacturing use. But I have also found that in my 40 plus years experience, I can never recall representing a developer for a use variance application or advising a board who was hearing a use variance application without there being a traffic impact study submitted,” he said.
Mr. Kochenour said that the Minute Maid property had been vacant for nine years and mentioned the Hightstown Bypass, also known as Route 133, was built in 1999, resulting causing the traffic patterns of the area have drastically changed for more than the past decade.
”So now we are looking at a proposed use that again is going to generate traffic that maybe hasn’t been there for going on 10 years,” Mr. Kochenour said.
”My professional opinion is I would recommend a Traffic Impact Study be prepared and submitted in support of their use variance application,” Mr. Kochenour stated.
”I would be in agreement with that,” said Steven Misiura, Planning Board chairman.
Tamara Lee, borough planner, expressed concerns.
”Mr. Dean mentioned in his testimony that there could be adverse impacts. He did not articulate what those adverse impacts are and you will not know that unless you have a more detailed traffic study that relates to the specific use that is being proposed. So, I too think that you need that traffic study because if you choose to approve this use variance then you are essentially suggesting that the traffic is OK it can be managed and you will not have another opportunity to revisit this traffic. You have to revisit it now,” Ms. Lee said.
She said, “You are at a disadvantage because there isn’t a site plan before you because the applicants have chosen to bifurcate it, but you are still permitted to collect as much information you need to assess now and can’t wait to the site plan.”
Mr. Misiura confirmed to the Herald on Sept. 12, “The Planning Board has requested the traffic study so that they can determine if the proposed use would have a negative impact on the borough due to the nature of the traffic.”
The Planning Board has requested to receive the traffic study by Sept. 28.
At the conclusion of the meeting, Borough Planner Tamara Lee informed the Planning Board that the Hightstown Borough Council would be introducing a resolution regarding the future location of Borough Hall at its Sept. 18 council meeting.
”Council is essentially going to send you a resolution saying it is their thinking right now that they want the municipal building to go right back on the site where it is now. They want Planning Board’s response on that and we are going to be asked to review that,” Ms. Lee said.
”I think it has to be clear to the Planning Board what they are asking us to do. As long as they are specific in what they are asking. If they are just looking for a courtesy review,” Mr. Misiura said.
The public hearing of the former Minute Maid plant will be continued at :30 p.m. Oct. 9.

