September 11, 2024 Planning Board Special Meeting Transcript - WEHI

is not within the jurisdiction of the board.24 We believe that it is and I just want to reserve our25 71 position on that issue.1 CHAIRMAN BAGOFF: So noted, Mr. Afran.2 MR. AFRAN: Thank you.3 CHAIRMAN BAGOFF: Mr. Pehnke, you have the4 floor sir.5 THE WITNESS: Thank you.6 Good evening. So with regard to this7 A. application, as just stated, I was retained by the8 applicant really to provide services associated with a9 couple of aspects. One of the aspects is the design of10 the traffic signal located at Oval Road and Eagle Rock11 Avenue. The requirement to work with the township and12 design and construct that traffic signal is a13 stipulation in the Settlement Agreement, and the14 applicant is proceeding forward with that.15 Associated with that effort I did prepare a16 Traffic Impact Study for use and design of the traffic17 signal. And also it had been submitted with this18 application and is in the record with the board and has19 been reviewed by your board professionals.20 In preparation for this hearing I did have an21 opportunity to review the Settlement Agreement, the site22 plan. I've been here for the prior testimony of Mr.23 Anderson and Mr. Appel. I did have an opportunity to24 review the boards traffic engineer professional review25 72 letter and, and take that into account in preparation1 for this evening.2 The Traffic Impact Study that was prepared is3 dated June of 2024. The traffic study is prepared4 basically following standard traffic engineering5 industry standards. The traffic study, for those that6 have reviewed it, basically incorporates and summarizes7 the results of several aspects that we look at as8 traffic engineers. It incorporates an inventory of the9 roadway system, lane arrangement, traffic control10 devices that are within the project area and access area11 to the project. Incorporates a sampling of traffic12 volume data on the adjacent roadway system. It then13 uses a methodology established by the State of New14 Jersey to project that traffic forward to represent15 growth that may occur in an area absent or separate from16 the project. And then with regard to the project17 itself, it incorporates traffic projections, estimates18 of the amount of traffic that may be generated by the19 introduction of this residential community on the20 adjacent -- on the roadway system and add the access.21 And we do that by referencing a

es18 of the amount of traffic that may be generated by the19 introduction of this residential community on the20 adjacent -- on the roadway system and add the access.21 And we do that by referencing a document that's known as22 Trip Generation, that's a by the Institute of23 Transportation Engineers, it's now it's 11th Edition.24 That is a document that is used by all transportation25

19 of 71 sheets Page 73 to 76 of 180 09/27/2024 06:14:01 AM 73 professionals, all transportation review agencies and1 engineers to prepare estimates of the level of traffic2 that may be generated by a project and it is accepted as3 such. We then utilize that data and assign those4 traffic projections to the road system on top of the5 existing traffic volumes and use a series of modeling6 analysis also established and accepted by the7 transportation industry to evaluate and model the8 operation of the road system and roads, and from that we9 were able to evaluate and determine the need for traffic10 control lane arrangements and so forth. And all of that11 is documented in the Traffic Impact Study.12 As you are aware access to this property is13 basically from Eagle Rock Avenue utilizing Oval Road and14 Warner Road, extending up into the project site. Warner15 Road and Oval Road are both existing established16 roadways. They have a cartway width of approximately 4017 feet and basically provide one wide lane of travel in18 each direction. Oval Road and Warner Road service as19 access to the adjacent developments, The Grand, the20 Chateau and also our neighbors in the Highlands that21 Warner Road travels through.22 Eagle Rock Avenue is a county road under the23 jurisdiction of Essex County. It's a four lane roadway24 providing two lanes in each direction. There's traffic25 74 signalization located at Laurel Avenue just to the west1 of the, of Oval Road and further to the east at Pleasant2 Valley Way.3 Oval Road itself, as everybody is aware, is a4 T-intersection. It has a one lane approach, a wide5 approach, and operates under a stop sign control today.6 As I indicated, one of tasks that I am involved7 with is the result of the Stipulation Agreement, the8 design of an installation of a traffic signal at Oval9 Road and Eagle Rock Avenue. That signal falls under the10 jurisdiction of Essex County. It will be designed and11 is being designed to the standards of Essex County, as12 well as the State of New Jersey. And quite frankly the13 installation of the traffic signal will provide a14 substantial safety and operational improvement at that15 intersection accommodating both the existing traffic,16 alleviating the existing concerns and constraints at17 that intersection and certainly accommodating the18 additional traffic that was utilized at that19 intersection to

g both the existing traffic,16 alleviating the existing concerns and constraints at17 that intersection and certainly accommodating the18 additional traffic that was utilized at that19 intersection to access this new, this new community.20 The intersection itself when completed based upon21 our analysis is anticipated to operate what's known as22 overall A level of service. For the purposes of the23 public, I know this board has certainly heard traffic24 engineering in the past. At the end of the day traffic25 75 engineers try to boil down the results of our modeling1 analysis into a simplified system of ratings. Basically2 a rating of A through F, not unlike a grade school3 report card. A, being fairly free flow conditions, good4 levels of service, good operations. And F, obviously5 being failing conditions at a traffic signal. What that6 means, since we all experience F levels of service every7 day in our travels, is that you might arrive at the8 traffic signal at the end of a queue and not get through9 the green light and have to wait until it turns green10 again. It doesn't mean grid lock, it doesn't breakdown11 conditions, it just means longer travel times through12 the intersection. So that's basically the13 differentiations in ratings.14 In terms of Oval Road and Warner Road, as I15 indicated they are wide roads, they're actually16 accessibly wide and built beyond the standard that we17 would build today. They have the capacity to18 accommodate the additional traffic generated by this19 project at good levels of service. And in fact no20 widening, no additional lanes are required on those21 roads providing the additional capacity for this22 project.23 I will note separate from this project in the24 Settlement Agreement, anyone that's reviewed the25 76 Settlement Agreement, the applicant has worked, has1 agreed to work with the Highlands Association as they go2 through construction to actually implement some, what I3 would call, traffic calming features, on those cartways4 to tighten them up a little bit. Those features from my5 understanding include an entry treatment gatehouse, for6 want of a better word. Potentially tightening up the7 cartways by reducing a boulevard type design, all of8 which are good elements that would be beneficial to both9 the existing residents as well as the future residents10 of this community. And as I said, that's a

reducing a boulevard type design, all of8 which are good elements that would be beneficial to both9 the existing residents as well as the future residents10 of this community. And as I said, that's a separate11 process that the applicant has agreed to work with12 during construction with the homeowners association.13 We have a process to go through outside of this14 board with Essex County in terms of design of the15 intersection of Eagle Rock and Oval Road as a traffic16 signal. It will include some widening of Eagle Rock17 Avenue providing a separate turn lane into Oval Road.18 Again, a safety improvement along Eagle Rock Avenue,19 benefiting the existing residents as well as the future20 residents of this community. And as I said, it will21 result in a safe and efficient operation of that22 intersection. It will overcome the delays and23 difficulties making a left turn out and it will overcome24 some of the site distance issues that exist there today25

09/27/2024 06:14:01 AM Page 77 to 80 of 180 20 of 71 sheets 77 from the overgrown growth that exists, I guess in the1 northwest section of the intersection, which sort of2 blocks vision. If you look to the right of the traffic3 signal it'll overcome those issues also. So it will be4 a fairly substantial safety improvement at that5 intersection.6 With regard to the site plan, you've heard7 extensive testimony from Mr. Anderson and Mr. Appel.8 From my standpoint this evening what I just want to9 touch on with the site plan is, as testified to by Mr.10 Anderson, this site is designed with three points of11 access. Those access include Warner Road, the primary12 point of access, extending into the new community. It13 includes Kuzik Drive extending into the new community14 and it includes a emergency access drive that connects15 down to Howell Road from the area of Building D.16 The internal drive aisles are designed in17 accordance with RSIS requirements. The roadways18 internal to this site are basically classified under the19 Residential Site Improvement Standards. Just to back up20 for the benefit of the public. The State of New Jersey21 Department of Community Affairs back in the '90's22 adopted a state wide ordinance governing residential23 development. And that ordinance basically sets24 classifications of various roadways, residential design25 78 elements, parking standards and so forth that govern the1 design of a residential project. So in this situation2 under the Residential Site Improvement standards the3 internal roadway system basically be classified as minor4 collector roads. Warner Road, except from where it5 extends into the site, Kuzik Drive from were it extends6 into the site and then extending back to Road D to7 Building D. Those road systems then provide access to8 various parking lots serving each of the various9 buildings.10 The Residential Site Improvement standards for a11 minor collector road is a 20-foot wide roadway basically12 with parking, with sidewalks on both sides. And our13 design to accommodate the types of traffic, pedestrians,14 bicycles that are common to a residential development of15 this site.16 Under the definitions of RSIS they both, they17 represent both the minimum and the maximum that can be18 required in the design of residential development in the19 State of New Jersey.20 With regard to this particular

ions of RSIS they both, they17 represent both the minimum and the maximum that can be18 required in the design of residential development in the19 State of New Jersey.20 With regard to this particular application, the21 Settlement Agreement does speak to a request by the22 homeowners association to have some controls put in23 place on the access, particularly Kuzik Drive. There's24 a concern that the opening of Kuzik Drive to daily25 79 traffic flow would result in a hardship or imposition on1 some of the residents on that section of Kuzik Drive as2 it extends into the site. The Settlement Agreement3 specifically requests that we file what's known as a, de4 minimus exception, with the board to have the board5 consider having that road length controlled and gated6 and operate as emergency access similar to Howell Drive.7 It would be an improved road as opposed to a stabilized8 emergency drive that connects out to Howell, but9 nevertheless it's requested that it be gated and not10 open to the daily flow of traffic to and from the site.11 We have filed that application, we support that12 application and look to the guidance of the board as to13 approval of that. I would note that with regard to the14 boards jurisdiction, while RSIS does set the standards15 for the roadways and access, it does not specifically16 define the control of access. That does fall in the17 purview, we typical -- we actually don't really need the18 de minimus exception, it does have purview under RSIS to19 control the type of access and I'll give a for instance.20 If you had a development that was proposed to be gated21 or gate controlled by a guardhouse, the board could22 approve that. That doesn't require a de minimus23 exception. The board can approve emergency access24 controls. So it falls within the purview, but in this25 80 case, because it was in the Settlement Agreement, we did1 formally file that request.2 With regard to that request, from a traffic3 engineering standpoint, we don't need that roadway,4 Kuzik Drive, to be opened to traffic on a daily basis.5 Warner Drive extending into the site provides sufficient6 cartway width and capacity to accommodate the types of7 traffic, pedestrian and bicycles that will flow in and8 out of the site on a daily basis typical to a community9 of this site. That includes delivery vehicles,10 emergency vehicles and so forth. So we are

fic, pedestrian and bicycles that will flow in and8 out of the site on a daily basis typical to a community9 of this site. That includes delivery vehicles,10 emergency vehicles and so forth. So we are supportive11 of the request of the association and in my opinion if12 the board does agree with that request the site will13 still be providing safe and efficient access and the14 community will function appropriately.15 I would add to the testimony based upon some of16 the conversation we heard in the prior hearings. There17 was a discussion with regard to the resolution that was18 adopted by the township with regard to complete streets.19 That is a design guide that we look to state, state wide20 in designing projects such as this. I would note that21 this project does embrace the components of complete22 street design. It is pedestrian friendly. It is23 designed with a system of sidewalks throughout, with24 crosswalks, with highlighted crosswalk areas. Paved25

21 of 71 sheets Page 81 to 84 of 180 09/27/2024 06:14:01 AM 81 crosswalk areas, handicapped accessible accomodation.1 Street trees. All established to make the pedestrian2 environment in this site accommodating for the residents3 that will live here. It's all ADA designed. The site4 is bicycle friendly. You heard the prior testimony5 there will be bicycle storage in the buildings. There6 was an agreement to work with your consultant to add7 additional bike racks in certain locations throughout8 the site, particularly at the clubhouse. The storm9 system is designed with bicycle safe grates to10 accommodate the safe transit of bikes across any grates,11 the drainage grates on the site. And all of that12 embraces those complete street ideals within this13 community. So we believe that while the resolution is14 representative of the intent of the township with regard15 to it's public streets, we've embraced it and pulled it16 into this site. The cartway width will discourage high17 rates of speed and also enhance that pedestrian18 environment.19 I do note that during discussion and review plan20 we do have another de minimus exception that Mr. Plocker21 identified and that's with regard to sidewalks on both22 side of the street. The extension of Warner Drive23 between where the property line is to the roundabout is24 proposed with sidewalk on one side only, that is25 82 appropriate for that section of the roadway. There is1 no residential homes, there are no points of stoppage or2 walking or orientation along the road and the sidewalk3 on one side of the road provides the connectivity to the4 property line. I do note there is no sidewalks in the5 adjoining commercial -- the adjoining Highlands6 residential community to connect it to. It would be in7 our property line traveling the site. Also on Road D we8 are proposing a sidewalk on, I guess what would be the9 north side only. With regard to that deviation, I do10 note that the applicant has opted to provide the second11 sidewalk, so to speak, as a direct link as -- it's a ADA12 lane, full path lane directly between Building D to the13 clubhouse area. So the sidewalks really there, it's14 just been put in a more appropriate location rather than15 on the side of the road. So we're building the16 infrastructure and, again, that enhances that link, that17 direct link between Building B and the clubhouse area18 just

ropriate location rather than15 on the side of the road. So we're building the16 infrastructure and, again, that enhances that link, that17 direct link between Building B and the clubhouse area18 just enhances the overall pedestrian environment to the19 site.20 And quite frankly I think that summarizes the21 traffic testimony on this project and the request that22 we have for the board to consider the de minimus23 exception for the site.24 CHAIRMAN BAGOFF: Mr. Plocker.25 83 MR. PLOCKER: I have nothing further for Mr.1 Pehnke at this time.2 CHAIRMAN BAGOFF: The board does have the3 authority in the Settlement Agreement over the de4 minimus exception on Kuzik Drive.5 Second, there is a memorandum from CME6 Associates based on your evaluation, and have you seen7 this? Dated July -- I'm sorry. I will speak louder.8 Sorry. Can you hear me? Sorry about that. I've been9 lecturing all day, I'm losing my voice.10 Did you see the memorandum from Kevin from11 CME Associates on your report? This report is dated12 July 26, 2024.13 THE WITNESS: Yes, I have. And I've14 reviewed it and we can be fully responsive to the15 requests for additional information and clarifications16 that they raise in the report. There's nothing in that17 report that changes any of the testimony I provided18 tonight but we will provide a full response and any19 supplemental information they see fit. There are a few20 recommendations for petitions, not only in that21 memorandum but the engineers report, for additional22 crosswalks, additional striping and so forth to enhance23 the crosswalk and the pedestrian environment. Enhance24 the layout of the roundabout at Warner Road, and all of25 84 that we will address to CME's satisfaction.1 CHAIRMAN BAGOFF: Excellent. Thank you.2 Okay. We'll start with Mr. Klein, do you3 have any questions, sir?4 MR. KLEIN: Sure, just a couple.5 Good evening, Mr. Pehnke.6 You went over it quickly, you said the7 intersection of Oval Road, and I'm sorry, Oval Road and8 Eagle Rock Avenue, will operate at what level of9 service?10 THE WITNESS: Overall level service A.11 MR. KLEIN: A. With the left turn and --12 THE WITNESS: Correct.13 MR. KLEIN: The gate at Kuzik, will that --14 that won't stop vehicles, will it allow pedestrians and15 bicycles to get past?16 THE WITNESS: There would nothing that17 prohibits pedestrians and bicycles. There are two18 sidewalks on each side