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CHESTERFIELD TOWNSHIP PLANNING BOARD January 13, 2009
The Secretary called to order the reorganization meeting of the Chesterfield Township Planning Board at 7:45PM. The Open Public Meetings Statement was read and compliance noted. Mr. DeFelippis, Mr. Durr, Mr. Kelly, Mr. Lebak and Mr. Wilson declared their Oaths of Allegiance. Mr. DeFelippis was appointed as a Class IV member for a four-year term; Mr. Durr was appointed as Class I member for a one-year term; Mr. Lebak as a Class II for a one-year term; and Mr. Wilson as a 1st Alternate member for a two-year term. Roll call was taken showing present: Donald Coover, Rocco DeFelippis, Lawrence Durr, Brian Kelly, Deborah Kelly, Gregory Lebak, Thomas Leyden, Joseph Malison, Lido Panfili, F. Gerry Spence and Mr. Wilson. Also present were Frederick Hardt, Nancy Jamanow, Philip Caton and Lisa Specca. The Secretary asked for nominations for Chairman. Mrs. Kelly nominated Mr. DiFelippis, seconded by Mr. Lebak. There being no other nominations, nominations were closed. All were in favor. The Chairman asked for nominations for Vice-Chair. Mr. Panfili nominated Ms. Kelly, seconded by Mr. Coover. There being no other nominations, nominations were closed. All were in favor. MINUTES December 9, 2008 Regular Meeting and Executive Session Minutes A motion was made by Mr. Coover, seconded by Ms. Kelly, to approve the December 9, 2008 Regular Meeting and Executive Session Minutes. The vote was unanimous and the motion carried. RESOLUTIONS 1-2009 A Resolution Designating Regular Meeting Time and Place. A motion was made by Ms. Kelly, seconded by Mr. Kelly, to approve Resolution 1-2009. The vote was unanimous and the motion carried. 2-2009 A Resolution Authorizing Award of Contract for Professional Services (Solicitor). A motion was made by Mr. Coover, seconded by Mr. Kelly, to approve Resolution 2-2009. The vote was unanimous and the motion carried. 3-2009 A Resolution Authorizing Award of Contract for Professional Services (Planner and Historical Architect). A motion was made by Mr. Leyden, seconded by Mr. Coover, to approve Resolution 3-2009. The vote was unanimous and the motion carried. 4-2009 A Resolution Authorizing Award of Contract for Professional Services (Engineer, Traffic Consultant and Environmental Consultant). A motion was made by Mr. Lebak, seconded by Ms. Kelly, to approve Resolution 4-2009. The vote was unanimous and the motion carried. 40-2008 Cellco Partnership d/b/a Verizon Wireless: Block 403, Lot 10.01; 535 Chesterfield Arneytown Road; Minor Site Plan & Conditional Use for a Cell Tower in the Agricultural District. Approved October 14, 2008 As the Planning Board did not receive this resolution in time to review it prior to the meeting, this resolution will be held for memorialization at the February 10, 2009 Planning Board meeting. 41-2008 Chesterfield, LLC: Renaissance Properties. Block 202, Lots 24.01, 25.01 & 25.02; Old York Road; Preliminary Major Subdivision and Preliminary Major Site Plan with Bulk Variances in the Planned Village Development-2 & 3 District. Approved October 27, 2008. Mr. Durr stepped down. Mr. Malison questioned the calculation of credits on page 2 of the resolution. Mr. Caton stated that the numbers were correct. On page 5, Mr. Malison advised that the trees stated as “London Pines” should be “London Planes”. As to the easement that is to be deeded to the homeowners on Old York Road, Mr. Malison would like to make sure the resolution is clear that the trees are not all taken out of the buffer area. Ms. Jamanow suggested that the resolution read that a construction fence should be located at the site to protect remaining area of trees. Mr. Malison questioned why the bike lanes were listed on page 13; however, the sidewalks were not mentioned in the resolution. Ms. Jamanow advised that the sidewalks are shown on the approved plan. Ms. Kelly commented on signage on page 9. It was noted that the resolution should state the time period that the developers’ signs can remain. This should be repeated under paragraph G. A motion was made by Mr. Malison, seconded by Ms. Kelly, to approve Resolution 41-2008. The vote was in the affirmative, with the exception of Mr. Kelly, Mr. Leyden and Mr. Spence, who abstained, and the motion carried. Mr. Durr returned to the dais. 42-2008 Matzel and Mumford Approval of Dumont-1 Look-Alike Model on Block 202.113, Lot 8. Approved at November 26, 2008 Tech Meeting Mr. Lebak and Mr. Spence stepped down. A motion was made by Ms. Kelly, seconded by Mr. Coover, to approve Resolution 42-2008. The vote was in the affirmative, with the exception of Mr. Durr, who abstained, and the motion carried. 43-2008 Matzel and Mumford Approval of Dumont-1, Farifield-2 and Fairfield-3 Look-Alike Models on Block 202.106, Lots 7, 8 and 9. Approved at November 26, 2008 Tech Meeting. A motion was made by Ms. Kelly, seconded by Mr. Leyden, to 43-2008. The vote was in the affirmative, with the exception of Mr. Durr, who abstained, and the motion carried. Mr. Lebak and Mr. Spence returned to the dais. 44-2008 The Crosswicks Foundation: Block 202, Lot 78.01; 2 Front Street; Use Variance and Waivers for a Minor Site Plan Approval for a Museum and Office in the Village District. Approval to Continue to the January 13, 2008. A motion was made by Mr. Leyden, seconded by Mr. Malison, to approve Resolution 44-2008. The vote was in the affirmative, with the exceptions of Mr. Kelly, Mr. Leyden and Mr. Spence, who abstained, and the motion carried. 45-2008 David and Doris Wilkinson: Block 403, Lot 9; Chesterfield-Arneytown Road; Agricultural Subdivision in the Agricultural District. Approved December 9, 2008. A motion was made by Ms. Kelly, seconded by Mr. Malison, to approve Resolution 45-2008. The vote was in the affirmative, with the exception of Mr. Durr, Mr. Kelly, Mr. Leyden and Mr. Spence, who abstained, and the motion carried. 46-2008 John Lemanski: Block 900, Lot 20.03; 604 Chesterfield-Arneytown Road; Bulk Variance(s) for a Swimming Pool in the Village District. Approved December 9, 2008. As the Planning Board did not receive this resolution in time to review it prior to the meeting, this resolution will be held for memorialization at the February 10, 2009 Planning Board meeting. 47-2008 Matzel and Mumford: Request for Options to Water Tables on Fairfield 1, 2 & 3 Models. Resolution 47-2008 will be held until the other issues in Matzel and Mumford’s request are resolved. 48-2008 Resolution for Entering into Executive Session Approved December 9, 2008. A motion was made by Ms. Kelly, seconded by Mr. Leyden, to approve Resolution 48-2008. The vote was in the affirmative, with the exception of Mr. Durr, Mr. Kelly, Mr. Leyden and Mr. Spence, who abstained, and the motion carried. PRESENTATION ON VILLAGE SQUARE CONCEPT PLAN Philip Caton presented the latest plan on the park. The park covers an almost 5-acre block surrounded by Saddle Way, Thorn Lane, Wright Drive and Stevenson Lane and was designed for passive recreation. The surrounding houses were redesigned to be smaller so that there would be more homes around the square. The design was exhibited at the Quaker Meeting house in the autumn to provide information on the park to the residents, as well as to obtain their input. The school has an entrance onto the Village Square on a corner of the property. There are a series of curvilinear paths through the park and a circular terrace on the east side of the square for gatherings and performances. A gradual slope to the grade provides for an area for seating during performances. There is an essentially flat, open lawn in the center to provide an area for light recreation such as a pick-up game. The park will be framed with trees and, to the west, mounds of earth and boulders will be provided for child play. Walks of exposed aggregate and a low brick wall for signage will be provided. The open area is the approximate size of a soccer field. The terrace will be enhanced by a pergola of brick columns and a steel framework above for vines. Steps provide for seating or a platform. The upper section will hold approximately 50 people for choruses or an orchestra. Drainage runs to the Elementary School and to the west and is already in place. Chairman DiFelippis opened the meeting for public comment. Matt Weismantel, 80 Harness Way, encouraged the Planning Board to support this project. He felt that it was a bonus to the school. Mr. Coover noted that there was a very high mound of dirt at the school worksite and he wondered who would be responsible if a child was injured playing on it. Solicitor Hardt advised that the developer would be responsible. Mr. Caton advised that there is room for four tennis courts at the new Elementary School site; however, the school is not planning on constructing them. He suggested that this might be a Township improvement. The school would then provide a parking lot. Mr. Caton is working with Ms. Jamanow to complete the pedestrian connection of the bridge. Permits for the stream corridor will likely be needed. Bob Shane, Fenton Lane, questioned the lighting planned for the park. He was advised by Mr. Caton that there would be some lighting; however, the park was not for night use. There will be standard light fixtures for the perimeter and the pergola will have accent lighting for occasions but the area is not intended for night performances. Mr. Caton advised that steps to proceed with specifications and authorization for construction of the pergola, tennis courts, the pedestrian/bike corridor and the bridge are needed. He noted that this is a good time to begin with the project as it will be less expensive, due to the economy. A motion was made by Mr. Malison, seconded by Ms. Kelly, to recommend that the Township Committee consider the commencement of the pergola, tennis courts, pedestrian/bike connections to Chesterfield Downs and Cross Creek, and the bridge. The vote was in the affirmative with the exceptions of Mr. Durr and Mr. Kelly, who abstained, and the motion carried. ITEMS FOR ACTION K. Hovnanian/Heritage: Presentation of the New Model “Fairfield” with Revisions; Proposal of “James” Model as a Village Home. Mr. Durr, stepped down. Matthew Fallon, representing Matzel and Mumford, addressed the Planning Board. He presented the Fairfield Elevation at the December Planning Board Meeting and was asked by Ms. Jamanow to provide the driveway configuration and design on a survey before the side entry request is considered by the Planning Board. This evening he provided a new variation with the driveway on the right side of the building. He noted the five proposed elevations with and without brick water tables and partial brick frontages. Mr. Malison asked why he has not seen any of the architectural changes implemented in the development. Ms. Specca advised that the new ordinance would not have influence on older models. It was suggested that there be a session on implementation of these changes. Chairman DiFelippis suggested that Mr. Fallon attend the January Tech meeting to discuss changes that could be made to the architecturals. Approval would then commence at the February 10th Planning Board Meeting. Ms. Wills was directed to provide minutes from the meetings last year that discussed the changes to the design. Mr. Durr returned to the dais. Toll Brothers/Chesterfield Green II: Block 202.14, Lot 4; 22 Sprague Street. Request for approval of Architectural Deviation – Enclosed Breezeway. The house that has been under construction at this site includes a two-story garage with an enclosed breezeway. As constructed, the garage fronts directly on the side street, or secondary street to the house. Garages set back away from the front are to have access to the main drive at the frontage of the house and be oriented towards the frontage. Second, those garages that were permitted to be connected to the main structure were only to be connected by an open breezeway. No enclosed breezeway was permitted or contemplated by the approval. Richard Hamilton, attorney for Toll Brothers, spoke on Resolution 10-2004 which set the standards for this design. Thomas Gestite was sworn, and gave the Planning Board an overview of changes to the design that might make the building more acceptable, such as putting a porch on the laundry room area as well as adding 6’ doors and shutters. The Planning Board felt that this issue should be carried to the February 10th Planning Board Meeting for an amended approval and bulk variance for the side setback. Mr. Hamilton requested that Toll Brothers proceed with construction of the dwelling at their own risk. Solicitor Hardt advised that the Zoning Officer should be asked to pull the stop-work order. He advised that the Township Committee should send a letter to Toll Brothers advising Toll Brothers that they are fully responsible for the removal of the violation if approval is denied. A motion was made by Ms. Kelly, seconded by Mr. Coover, to continue this matter to the February 10, 2009 Planning Board Meeting and to allow for the continuation of construction per Toll’s agreement to remove the violations upon a denial of the application. The vote was unanimous and the motion carried. The Crosswicks Foundation: Block 202, Lot 78.01; 2 Front Street; Use Variance and Waivers for a Minor Site Plan Approval for a Museum and Office in the Village District. Request to continue to the February Planning Board Meeting. A motion was made by Mr. Leyden, seconded by Mr. Malison, to continue the Crosswicks Foundation to the February 10, 2009 Planning Board Meeting. The vote was in the affirmative, with the exceptions of Mr. Durr, Mr. Coover, Ms. Kelly and Mr. Kelly, who abstained, and the motion carried. Chesterfield Baptist Church: 209 Matthews Lane; Block 502, Lots 12 & 13; Major Site Plan for Parsonage, Church Addition and Parking; Village Zone. Attorney for the applicants, Robert Sexton, represented the Church. John Benton and Charles Jones, both members of the Baptist Church were sworn. Exhibits were marked. Per Ms. Jamanow’s report dated January 8, 2009 the following conditions contained in their Resolution of Preliminary Approval have not been met. Landscaping shall be proposed between the parking spaces along the southern property line and the neighboring building on Lot 11. Mr. Jones noted that they have not been able to get in touch with Timothy Little, who is the owner of the adjoining property, to establish a satisfactory landscape plan. They were directed to meet with Mr. Little and revise the plan to add the needed landscaping. As discussed at the last Planning Board meeting, the trees shown on the landscaping plan shall be a minimum of 6’-8’. They will comply. The lots are to be consolidated. Mr. Sexton noted that deeds have been submitted. All lights on the site shall be consistent with the lights at the municipal building. Mini flood lights are not permitted. Mr. Jones agreed to the removal of the flood lights. Shoe Box lights were acceptable to the Planning Board. The proposed lights will shine on the church as opposed to the surrounding homes. The plan indicates that a utility a pole with a light is to be relocated in the parking lot. The light distribution is not included on the lighting plan. Mr. Jones noted that the pole was removed by PSE&G and they installed another pole that shines into the parking lot. The row of Arborvitae along the northern property line should be extended farther to the east to the bird house shown on the plan. Spacing of the Arborvitae should be 6’-8’ apart and reach beyond the house. The plans should show how the parking spaces on the gravel parking lot will be delineated. The applicant intends to delineate the parking lot with concrete bumpers. Mr. Jones testified that the drainage is on the southeast side of the parking lot. He noted that the church does not plan to blacktop the parking lot. Ms. Jamanow noted that the drainage issue is a state law. She suggested that he adjust for drainage and she would do the calculations. Ms. Jamanow will need the revised plans by January 30th. Mr. Benton and Mr. Jones were asked to return to the February 10th meeting so that the landscaping issue with his neighbor could be considered. A motion was made by Mr. Malison, seconded by Ms. Kelly, to continue the application to the February 10, 2009 Planning Board Meeting. The vote was unanimous and the motion carried. At 10:35PM, Chairman DiFelippis left the meeting. Vice Chair Kelly presided. DISCUSSION Review of §130-110 of the Land Development Ordinance Regarding Escrow and Application Fees. It was determined that the Planning Board would review the escrow information that they received and be prepared to recommend any escrow amendments to the Township Committee at the February meeting. Turnpike DEP Permits. There were no comments on the permits. INVITATION FOR PUBLIC TO SPEAK Mary Acevedo, 19 Fenton Lane, owns the last Toll Brothers home on Fenton Lane. She and Iris Rivera purchased a premium lot so that a pool and privacy fence could be installed and she did due diligence in researching the property prior to the purchase. After installation of the pool and fence, she found out that a walkway was to be installed next to her property. She now has pedestrians walking across her front yard and stopping to peer into her pool area. Her family has no privacy. The developer has suggested options for alleviating the problem; however, none of them have been esthetically pleasing to them. Ms. Jamanow will meet with Ms. Acevedo and Ms. Rivera at the site to discuss a fencing alternative and have the developer provide her with satisfactory screening. ADJOURNMENT At 11:00PM, there being no further business, a motion was made by Mr. Lebak to adjourn. So moved. Respectfully submitted, Linda S. Wills, Secretary
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