Approval for minor site plan and bulk variance for Plane Street Properties.

MEMORIALIZING RESOLUTION OF THE LAND USE BOARD
OF THE TOWN OF HACKETTSTOWN APPROVING THE MINOR SITE PLAN AND BULK VARIANCE FOR APPLICATION OF PLANE STREET PROPERTIES
 
LAND USE BOARD TOWN OF HACKETTSTOWN
APPLICATION # 25-02
RESOLUTION #R25-02
 
WHEREAS, PLANE STREET PROPERTIES (hereinafter known as the "Applicant"), filed an application with the Land Use Board of the Town of Hackettstown pertaining to the site known as 108-116 East Plane Street (“Property”).
WHEREAS, The Applicant is seeking preliminary and final minor site plan approval with bulk variances relief related to parking and a 6-foot fence in the front yard.
WHEREAS, The application also involves the proposed relocation of the dumpsters from the front parking lot to a new dumpster enclosure adjacent to the rear garage building and the striping of 2 additional parking spaces within the existing paved parking area along Maple Avenue for Block 72, Lots 1 on the Tax Map of the Town of Hackettstown (the “Property”) in the Town of Hackettstown for Preliminary and Final Minor Site Plan approval; and
WHEREAS, The subject property is located east of Main Street (Route 46) in the central portion of Town and consists of 2.1839± acres. The site is bounded by Plane Street to the north, and Maple Avenue to the east. The site is situated in the Town's CC (Community Commercial) District. The site is currently developed and consists of two (2) commercial structures. The northern structure is divided to include four (4) units which provide space for retail and service businesses; and
WHEREAS, Other features include a paved parking lot and signage. The site takes access to Plane Street directly along the Plane Street frontage; and
WHEREAS, The Board Engineer Adam Wisniewski, P.E., CME, CFM of Colliers Engineering & Design, submitted a Completeness Review dated March 12, 2025, Technical Review Memos dated April 17, 2025, June 19, 2025, October 22, 2025, and February 20, 2026; and
WHEREAS, The Board Engineer Daniel Bloch, P.P., AICP, EADA of Colliers Engineering & Design, submitted Planning Review Memos dated April 18, 2025 and November 21, 2025; and
WHEREAS, the aforesaid public hearing, which was held at open public meetings on June 24, 2025 and February 24, 2026, that were each properly noticed, advertised, and held in accordance with the Open Public Meetings Act; and
WHEREAS, the Applicant and the public were afforded the opportunity to be heard concerning the application; and
WHEREAS, the Applicant was represented at the public hearings by Christopher Woods, Esquire, Murphy McKeon, PC, 901 Route 23 South, Pompton Plains, NJ; and
WHEREAS, Mr. Woods introduced Bryan Good, P.E., Finelli Consulting Engineers, a division of UTRS Civil & Environmental Engineering, 205 Route 31, Washington, NJ who was sworn in by Board Attorney Zakin and qualified by the Board to testify as a certified civil engineer, for the Applicant at the June 24, 2025 hearing and; and Mr. Woods introduced Robert Monaco, P.E., UTRS Civil & Environmental Engineering, 205 Route 31, Washington, NJ who was sworn in by Board Attorney Zakin and qualified by the Board to testify as a certified civil engineer, for the Applicant at the June 24, 2025 hearing; and
WHEREAS, Mr. Woods introduced Alexandru Doni, 7 Sherman Road, Lincoln Park, NJ, who was sworn in on June 24, 2025 by Board Attorney Zakin to testify as a fact witness as the co-owner of Applicant, Plane Street Properties, LLC; and
WHEREAS, Mr. Woods introduced James Garatina, 4 Villa Place, Nutley, NJ, who was also sworn in on June 24, 2025 by Board Attorney Zakin to testify as a fact witness as the co-owner of Plane Street Properties, LLC; and
WHEREAS, the Applicant submitted the following documents, plans, and reports:
Original Submission
 
1. Completed Town Land Development Application;
2. Completed Ownership Disclosure Statement for the subject property;
3. Completed Minor Site Plan Checklist;
4. Completed Variance Application Checklist;
5. Property Deeds and Metes and Bounds descriptions for the subject property;
6. Completed W9 Form;
7. Correspondence from Bryce D. Good, P.E., of Finelli Consulting Engineers, to Mary Matusewicz, Board Clerk for the Town of Hackettstown, summarizing the submission and attachments;
8. Plan entitled _“Minor Site Plan of Block 72 Lot 1 - Town of Hackettstown – Warren County, New Jersey” _consisting of three (3) sheets, prepared by Bryce D. Good, PE, of Finelli Consulting Engineers, dated February 27, 2025, unrevised; (Superseded by Item 15)
 
Second Submission
 
9. Correspondence from Bryce D. Good, P.E., of Finelli Consulting Engineers, to Mary Matusewicz, Board Clerk for the Town of Hackettstown, responding to comments from the Town Land Use Board Engineer's Technical Report dated April 17, 2025 and Town _Planner Review dated April 18, 2025;
10 Plan Entitled _“Minor Site Plan of Block 72 Lot 1 - Town of Hackettstown – _Warren County, New Jersey _consisting of _three (3) sheets, prepared by Bryce D. Good, PE, of Finelli Consulting Engineers, dated February 27, 2025, revised May 14, 2025; (Superseded by Item 15)
11 Highlands Exemption Determination Application for the subject property, dated April 22, 2025
 
Third Submission
 
12. Correspondence from Bryce D. Good, P.E., of Finelli Consulting Engineers, to Mary Matusewicz, Board Clerk for the Town of Hackettstown, responding to comments from the Town Land Use Board Engineer's Technical Report dated October 2, 2025;
13. Plan Entitled “Minor Site Plan of Block 72 Lot 1 - Town of Hackettstown – Warren County, New Jersey ” consisting of five (5) sheets, prepared by Bryce D. Good, PE, of Finelli Consulting Engineers, dated February 27, 2025, revised January 15, 2026; (Superseded by Item 15)
 
Final Submission
 
14. Correspondence from Robert Monaco P.E., of UTRS, to Mary Matusewicz, Board Clerk for the Town of Hackettstown, responding to comments from the Town Land Use Board Engineer's Technical Report dated January 16, 2026;
15. Plan entitled Minor Site Plan of Block 72 Lot 1 - Town of Hackettstown – _Warren County, New Jersey ” consisting of five (5) sheets, prepared by Robert Monaco, PE, of UTRS, dated February 27, 2025, revised January 15, 2026;
16. Report entitled “Stormwater Management Report, Block 72 Lot 1, 108-116 East Plane Street, Town of Hackettstown, Warren County, New Jersey ” prepared by Robert Monaco P.E., of UTRS Civil and Environmental Engineering, dated January 2026;
17. Report _ entitled “Seepage Pit System Operation and Maintenance Plan Block 72 Lot 1, 108-116 East Plane Street, Town of Hackettstown, Warren County, New Jersey ” Robert Monaco P.E., of UTRS Civil and Environmental Engineering, dated January 2026; and
 
WHEREAS, the Land Use Board does hereby make the following findings of fact and conclusions of law based upon the testimony and documentary evidence produced by the Applicant and the Land Use Board staff:
1. The Board finds and concludes that the proposed application will provide a public benefit to the community.
2. Applicant attorney Woods introduced Bryan Good, P.E., Finelli Consulting Engineers, a division of UTRS Civil & Environmental Engineering (June 25, 2025 hearing); Mr. Good referred to Revision 1 of the Minor Site Plan dated May 14, 2025 showing the existing conditions, whereby Mr. Good testified to the following:
i. The property is on the corner of Plane Street and Maple Avenue
ii. There are currently two buildings on the property, with the front of the building being used for retail businesses and the rear building being used as a physical training facility
iii. 31 parking spaces are available in the paved parking lot located at the front of the property
iv. There is a gravel driveway between the main building and Maple Avenue leading to the rear building, where a dumpster is currently located
3. Applicant engineer Good also testified that the Applicant agreed that the walkway on the creek side of the Property, shall be paved with concrete as a condition of approval
4. Applicant attorney Woods introduced Applicant entity co-owner / fact witness Mr. James Garatina;
i. Mr. Garatina testified that the hours of operation for the businesses located in the front building are approximately as follows:
a. the hair salon operates between 8:00 a.m. and 8:00 p.m.;
b. Pilates studio is by appointment only;
c. the market operates between 10:00 a.m. to 8:00 p.m.;
d. the clothing store operates between 10:00 a.m. and 6:00 p.m.
e. Mr. Garatina testified that the gym located in the rear building operates between 8:00 a.m. and 8:30 p.m.
5. Mr. Garatina testified that the parking spaces in the front lot are occupied most during the earlier part of the day but become more available later in the day.
6. Mr. Garatina testified that he would like to encourage the foot traffic to use the creek side of the building by adding lighting to make it safer for people to walk.
7. Board Engineer Wisniewski stated that the Applicant has made the suggested adjustments to the lighting design and that he is satisfied with those adjustments.
8. Mr. Garatina stated that the lights will be on timers, will conform with business hours, be turned off within a half hour after the business closes, and not exceed what is required by ordinance.
9. Applicant Engineer Good referred to Sheet 2, the Lighting Plan, and testified to the following:
There will be no lighting on the Maple Avenue side of the property in order to dissuade foot traffic from the parking area from being used by the public.
i. Lighting will only be added to the west side of the property along the walkway to encourage customers to use the walkway to the rear building
ii. 12 foot high lights will be added to the rear of the main building and the front of the back building for additional safety purposes
iii. Two 20 foot lights will be added to the front of the building to cover most of the parking area
iv. Any light spillage onto Maple Avenue will not affect the neighbors
10. The Applicant agreed as a condition of approval that they would shut off all lighting, except that necessary for safety and security, no more than one half hour after closing, not to exceed that mandated by ordinance
11. Applicant Engineer Good testified that there will be two 7 foot free standing signs at the front of the split rail fence along the gravel drive:
i. One sign will read “Employee Parking Lot Only. No Public Entry”.
ii. The second sign will read “All Pedestrian Traffic Use Walkway On Opposite Side of Building to Access Rear Tenant”.
12. Discussion was held regarding the gravel employee parking area and the applicant agreed to identify the number of employee parking spaces, each required with 9' x 18' dimensions, that are practical, which would then be verified as a condition of approval by the Board Professionals.
13. Applicant agreed that there will be no outdoor recreation for the current, or any future, gym tenant as a condition of approval.
14. Applicant attorney Woods introduced Robert Monaco, P.E., UTRS Civil & Environmental Engineering (February 24, 2026 hearing), 205 Route 31, Washington, NJ who was sworn by Board Attorney Zakin and qualified by the Board to testify as a Professional Engineer on behalf of the applicant. Mr. Monaco testified to the following:
i. The property is located in the CC Zone
ii. 31 parking spaces currently exist with two extra parking spaces proposed creating 33 parking spaces in the front lot
iii. Rear gravel lot will contain 14 spaces for use by employees only (two rows of seven spaces each)
iv. A variance is being requested for a total of 47 proposed parking spaces where 51 spaces are required.
v. The dumpster will be relocated between the two existing buildings on the property and will have screening around it, which improves visibility from Maple Avenue
vi. The relocation of the dumpster allows the creation of two additional parking spaces in front lot.
vii. Seepage pits will be installed to prevent increased runoff.
viii. There will be no increase in off-site runoff.
ix. Improvements comply with the current NJDEP Flood Hazard Area Control Rules and any required NJDEP permit-by-rule or permit-by-registration will be obtained.
x. Lighting will be reduced to ordinance minimum foot-candle levels.
xi. 3000 Kelvin LED fixtures will be installed to reduce glare.
xii. Glare shields have been installed and mounting heights have been adjusted.
xiii. The originally proposed Red Maples will be replaced with Leyland Cypress in double-staggered row along Maple Avenue for year-round screening.
15. Applicant owner Jim Garatina, clarified regarding prior testimony from the June hearing that a fence was to block the driveway and restrict rear parking to employees only.
16. Applicant Plane Street Properties, LLC confirmed that the plan remains the same that the rear parking area is intended primarily for employees of all businesses within the shopping center.
17. Chairman Camporini inquired how many tenant employee parking spots were available past the fence. Mr. Garatina stated that the rear area includes 14 parking spaces in the newly proposed gravel lot, 7 existing spaces behind the building and 7 spaces in the front.
18. Applicant clarified that the parking area for the Property will total 47 spaces.
19. The Applicant agreed to post signage and continue notifying tenants and gym members regarding designated parking areas, including those afore-referenced designated parking for employees only.
20. Applicant Engineer Monaco referred to Board Planner Bloch's Technical Review Letter dated November 21, 2025 and explained that a bulk variance is being requested for the two (2) new parking spaces being striped along the Maple Avenue frontage because the parking setback in that area is zero (0) feet, where ten (10) feet is required.
21. Applicant Engineer Monaco explained that the dumpster previously located along Maple Avenue is being removed to create two additional parking spaces and that cypress trees will be planted to create a screening.
22. Applicant agreed to provide additional landscaping along southerly property line between rear parking lot and property boundary, subject to approval by Board Planner and Board Engineer.
23. Applicant Engineer Monaco stated that the illumination levels have been reduced to meet the ordinance requirements, the wall fixtures are specified at 3000 Kelvin color temperature to reduce glare, glare shields have been provided, and the mounting heights were adjusted.
24. It was agreed by the Board that exterior lighting to be extinguished by 11:00 PM or 30 minutes after business closing, consistent with the ordinance.
25. Both Board Engineer Wisniewski and Board Planner Bloch confirmed that prior technical review comments have been addressed, including stormwater and lighting concerns.
26. The Board recommended that conditions should include as follows:
i. Applicant agreed as a condition of approval that they would shut off all lighting, except that necessary for safety and security, no more than one half hour after closing, not to exceed that mandated by ordinance.
ii. Walkway on the creek side of the Property, shall be paved with concrete as a condition of approval
iii. There will be no outdoor recreation for the current, or any future, gym.
iv. Exterior lighting shall be extinguished by 11:00 PM or 30 minutes after business closing.
27. Other than those amendments specifically contemplated by this application, the Applicant is seeking no other changes to the site plans.
28. The Board finds and concludes that the variances can be granted without substantial detriment to the public good.
29. The Board finds and concludes that the variances will not substantially impair the intent and purpose of the zone plan and zoning ordinance.
30. The Board finds and concludes that the Applicant has demonstrated good cause to receive an Approval; and
NOW THEREFORE, BE IT RESOLVED by the Land Use Board of the Town of Hackettstown on this 24th day of February 24, 2026, that the application of Plane Street Properties, for preliminary and final minor site plan approval with bulk variances on Lot 1 in Block 72, 108-116 East Plane Street (the “Property”) in the Town of Hackettstown is hereby approved, subject to the following conditions:
a. Applicant agreed as a condition of approval that they would shut off all lighting, except that necessary for safety and security, no more than one half hour after closing, not to exceed that mandated by ordinance.
b. Walkway on the creek side of the Property, shall be paved with concrete as a condition of approval
c. There shall be no outdoor recreation for the current, or any future, gym. Any outdoor activities associated with indoor recreation facilities are not permitted and would therefore require d(1) use variance relief.
d. Applicant shall provide additional landscaping along southerly property line between rear parking lot and property boundary, subject to approval by Board Planner and Board Engineer
e. The payment of all real estate taxes due.
f. All fees, assessments, escrows, real estate taxes, and other monies due to the Town of Hackettstown shall be paid in full.
 
Motion to Approve: Mr. Lambo
Motion to Second: Mr. Anthony
 
Roll Call Vote:
 
Those in Favor: Lambo, Camporini, Stea, Anthony, Gaertner
 
Those Opposed: None
 
 
Those Abstained: Sout, Graf
 
I hereby certify that the above is a true copy of a Resolution adopted by the Land Use Board of the Town of Hackettstown at its regular meeting of March 24, 2026.
 
X___________________
Mary Matusewicz, Clerk,
Hackettstown Land Use Board
3/29/2026 ($221.34)