|
CHESTERFIELD TOWNSHIP PLANNING BOARD March 10, 2009 The meeting of the Chesterfield Township Planning Board was called to order by Chairman DeFelippis at 7:30PM. The Open Public Meetings Act statement was read and compliance noted. John Nunziato, who was recently appointed by the Township Committee as a 4th Alternate, was sworn by Solicitor Hardt. Roll call was taken showing present: Donald Coover, Brian Kelly, Gregory Lebak, Joseph Malison, John Nunziato, Lido Panfili, Brian Wilson, F. Gerry Spence, Matthew Weismantel, and Chairman DeFelippis. Absent: Lawrence Durr, Deborah Kelly and Thomas Leyden. Professional staff present: Frederick Hardt, Solicitor; Nancy Jamanow, Engineer; Lisa Specca, Planner’s Office. MINUTES February 10, 2009 Regular and Executive Session Minutes A motion was made by seconded by Mr. Coover, to Mr. Panfili, approve the February 10th Regular and Executive Session Minutes. The vote was in the affirmative, with the exception of Mr. Nunziato, who abstained. INVITATION FOR PUBLIC TO SPEAK Chairman DiFelippis opened the meeting to the public for items not listed on the agenda. Jerome Baranosky spoke on the variance he received last year to obtain an easement from his neighbors’ property. Events that occurred to his neighbor led to the failure of executing the deed between the two parties within the required 190 day time period. Mr. Baranosky was advised to submit a Planning Board application for an extension of time, due to the circumstances that caused the delay. RESOLUTIONS 08-2009 Chesterfield Baptist Church: Block 502, Lots 12 & 13; 209 Matthews Lane; Major Site Plan for Parsonage, Church Addition and Parking; Village District. Approved February 10, 2009. A motion was made by Mr. Coover, seconded by Mr. Spence, to approve Resolution 08-2009. The vote was in the affirmative, with the exception of Mr. Wilson, who abstained, and the motion carried. 09-2009 Joseph Burg: Block 1102, Lot 5.01; 5 Cebulka Drive; Preliminary and Final Major Site Plan for Pole Barn, Boarding Horses and Riding Lessons in the Agricultural District. Approved February 10, 2009 Ms. Jamanow recommended that item “B” be changed to item “C” and “B” should state that the applicant agreed to resolve the neighbor’s concerns regarding the runoff on the site. A motion was made by Mr. Spence, seconded by Mr. Kelly, to approve Resolution with the addition of Ms. Jamanow’s revision. The vote was unanimous and the motion carried. 10-2009 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. Continuance Approved February 10, 2009 A motion was made by Mr. Lebak, seconded by Mr. Spence, to approve Resolution 10-2009. The vote was in the affirmative, with the exceptions of Mr. Kelly and Mr. Coover, who abstained, and the motion carried. 11-2009 Hovnanian/Heritage: Presentation of the New Model “Fairfield” with Revisions; Proposal of “James” Model as a Village Home in the Planned Village Development District. Approved February 10, 2009. Ms. Specca noted some additional architectural requirements that needed to be added to the resolution. A motion was made by Mr. Kelly, seconded by Mr. Malison, to approve Resolution 11-2009 with the addition of Ms. Specca’s comments. The vote was unanimous and the motion carried. 12-2009 Haverford Associates: Block 1102, Lots 3.01, 3.02 and 39.02; 436, 438 & 440 Ellisdale Road; Request for Extension of Time for Filing Subdivision in the Village District. Approved February 10, 2009 A motion was made by Mr. Malison, seconded by Mr. Coover, to approve Resolution 12-2009. The vote was unanimous and the motion carried. 13-2009 Toll Brothers/Chesterfield Green II: Block 202.14, Lot 4; 22 Sprague Street. Bulk Variances and Request for approval of Architectural Deviation – Enclosed Breezeway in the Planned Village Development District. Approved February 10, 2009. Melissa Hoffman, 20 Sprague Street addressed the Planning Board. She advised that she as well as 20 other people did not receive their notice until the day after the meeting. No seal was printed on the receipts for the certified letters. Mr. Hardt advised that the Affidavit of Service was signed swearing that the letters were sent out on January 30, 2009. However, the Planning Board and Solicitor Hardt felt that the absence of a timely notice by so many people deserves an accounting by the developer. Solicitor Hardt will ask Toll Brothers to address this issue at the April 14th meeting, at which time Resolution 13-2009 will be considered for approval. 14-2009 Review of §130-110 of the Land Development Ordinance Regarding Escrow and Application Fees. A motion was made by Mr. Lebak, seconded by Mr. Coover, to approve Resolution 14-2009. The vote was in the affirmative, with the exception of Mr. Kelly, who abstained, and the motion carried. 15-2009 Executive Session Approved February 10, 2009. A motion was made by Mr. Lebak, seconded by Mr. Malison, to approve Resolution 15-2009. The vote was unanimous and the motion carried. ITEMS FOR ACTION 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. Continued at the February 10, 2009 Meeting. It was brought to Solicitor Hardt’s attention that the public notice on this application was incorrect due to the elimination of a statement that the plans are on file with the Secretary of the Board, on the sample notice provided by the Township. Due to this error, the applicant will need to re-notice and return to the April meeting for approval. Timothy Little, attorney for the applicant, expressed his frustration with the time it has taken to approve this application, due to the inability to obtain a seven-member board as well as this public notice issue. Amy Coover, President of the Chesterfield Township Historical Society, expressed concern as to the amount of times the application could be continued. There was a short discussion on obtaining a quorum. Solicitor Hardt advised that the applicants had an absolute right to seek the maximum number of eligible members to hear the application. Crestwood (t Farm): Block 202, Lot 17.02; 55 Fenton Lane, Phase I of Amended Final Major Subdivision in the Planned Village Development-2 Zone. Mr. Panfili stepped down. Exhibits were marked. Daniel Graziano, attorney for the applicant introduced Steve Mervine, surveyor for the applicant, who was sworn. Solicitor Hardt noted that there was a question concerning the public notice. Solicitor Hardt determined that proper notice had been given. Mr. Mervine advised the board that they wished to modify the final approval to allow for a Phase I and Phase II on their previous approval. Preliminary and Final Major Subdivision approval was granted for the Crestwood Construction (Bentley Farm) project by the Planning Board. A total of 28 lots are proposed on this 8.9503 acre site consisting of 1 storm water open space lot, 1 recreation area lot and 26 new home lots which are broken down into 16 Perimeter Village House Lots and 9 Village House Lots. The existing Bentley residence has been relocated to have frontage along Fenton Lane. The relocated house will be in the R-1 Zoning District. The final approval was previously granted for the entire subdivision. The applicant now chooses to phase the subdivision. Ms. Jamanow’s review was performed for Phase 1 of the final plan which subdivides the existing Bentley house as shown on Block 202.51, Lot 18 from the overall Bentley tract. Ms. Jamanow’s report dated March 4, 2009 notes that the Final Plan, Phase I is in general conformance with the New Jersey Map Filing Law. The Final Plat should be approved by the Burlington County Planning Board prior to the applicant submitting the mylars and paper copies to the Township Engineer’s office for signature. It was recommended by Ms. Jamanow that the applicant submit the development plans for review for conformance with the final approval granted for the project. Mr. Graziano advised that the construction entrance for the development of Phase II will be by way of Mr. Bentley’s property and that there are no issues with the trees on the Phase I property. Chairman DiFelippis opened the meeting for public comment. Bob Shane of Fenton Lane was sworn. He asked if the pump station and detention pond would be in the same area. He was advised by Mr. Mervine that the locations will not change. There being no further comments, the public portion of the hearing was closed. Solicitor Hardt advised that an approval would be subject to terms and conditions of Crestwood’s previous final approval. Before the plat is signed everything that is required will be shown on the plan. This is an amended preliminary approval of Phase I and Phase 2 as well as final approval of Phase I. A motion was made by Mr. Spence, seconded by Mr. Lebak, to approve the application with the terms and conditions stated. The vote was unanimous and the motion carried. DISCUSSION Proposed Amendment to Cell Tower Ordinance The purpose of this ordinance amendment is to add submission and application requirements to the existing ordinance entitled “Telecommunications, Towers and Antennas”. It further provides for the retention of a technical expert in the field of Radio Frequency engineering to verify if the co-location at the site is or is not feasible, the cost of which will be absorbed through the applicant’s escrow fund. The Planning Board reviewed the amendment for recommendation to the Township Committee. The members questioned the legality of having the applicant pay for the RF expert. Mr. Panfili noted a previous discussion that the Planning Board had regarding restricting cell towers on properties preserved through the Transfer Development Rights Program. A discussion ensued as to whether that restriction would be in conflict with the state regulations. Solicitor Hardt advised that the state provision allows for a finding by the Agricultural Board that if the tower does not adversely affect the industry of agriculture it can be allowed with the state’s permission. He will bring a draft ordinance amendment to the Planning Board that prohibits cell towers on TDR preserved land but allows for them only with certain provisions. Ms. Jamanow noted an addition for Article 2.B.1.m.which states “In the event that co-location is found not to be feasible, a written statement of the reasons for the unfeasibility shall be submitted to the Township in writing”. Ms. Jamanow recommended adding “at least ten (10) days prior to the public hearing A motion was made by Mr. Lebak, seconded by Mr. Panfili, to recommend the ordinance with Ms. Jamanow’s addition “in writing at least ten (10) days prior to hearing.” The vote was unanimous and the motion carried. CORRESPONDENCE None. INVITATION FOR PUBLIC TO SPEAK An unidentified resident asked if a cell tower would be considered commercial. She was advised that it would be considered a public utility, as would a wind farm. Mike Stein, Greenview Drive, stated that the main reason he moved to Chesterfield was due to health effects of the cell towers where he lived. Mr. Stein researches the effects of cell towers. Mr. Kelly noted cell towers are a permitted use but with many conditions because they cannot be outright prohibited. Mary Acevedo, 19 Fenton Lane, spoke about the blind curve on her road. Drivers are speeding on her road and with warmer weather coming she felt that speed bumps might be prudent. She was advised that the issue was recently addressed by the Township Committee. Upon adoption of an ordinance, the speed limit will be reduced to 25 mph. EXECUTIVE SESSION At 9PM a motion was made by Mr. Malison, seconded by Mr. Panfili, to close the public portion of the meeting and enter into executive session for the purpose of discussion matters related to litigation and the attorney/client privilege. The vote was unanimous and the motion carried. At 9:35PM the Planning Board returned to the public meeting. PUBLIC MEETING After a brief discussion on the matter of the Crosswicks Foundation, a motion was made by Mr. Spence, seconded by Mr. Panfili, to set a Special Meeting date for April 7, 2009 at 8:00PM for the hearing on the Crosswicks Foundation application. The vote was unanimous and the motion carried. ADJOURNMENT At 9:40 PM, there being no further business, a motion was made by Mr. Malison, to adjourn. So moved. Respectfully submitted, Linda S. Wills, Secretary |