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CHESTERFIELD TOWNSHIP PLANNING BOARD February 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. Matthew Weismantel, who was recently appointed by the Township Committee as a 3rd Alternate, was sworn by Solicitor Hardt. Roll call was taken showing present: Donald Coover, Lawrence Durr, Brian Kelly (8:15), Deborah Kelly, Gregory Lebak, Joseph Malison, Lido Panfili, Brian Wilson, F. Gerry Spence (9:00), Matthew Weismantel, and Chairman DeFelippis. Absent: Thomas Leyden. Professional staff present: Frederick Hardt, Solicitor; Nancy Jamanow, Engineer; Lisa Specca, Planner’s Office. MINUTES January 13, 2009 A motion was made by Ms. Kelly, seconded by Mr. Coover, to approve the January 13, 2009 Planning Board Minutes. The vote was in the affirmative, with the exception of Mr. Weismantel, who abstained, and the motion carried. RESOLUTIONS 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 A motion was made by Ms. Kelly, seconded by Mr. Panfili, to approve Resolution 40-2008. The vote was in the affirmative, with the exceptions of Mr. Malison and Mr. Weismantel, 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. A motion was made by Mr. Coover, seconded by Mr. Malison, to approve Resolution 46-2008. The vote was in the affirmative, with the exception of Mr. Durr, who abstained, and the motion carried. 49-2008 Recommendation of Adoption of Ordinance Regarding Density and Intensity of Use in the PVD District. Approved December 9, 2008. A motion was made by Mr. Lebak, seconded by Ms. Kelly, to approve Resolution 49-2008. The vote was in the affirmative, and the motion carried. 05-2009 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 January 13, 2009. A motion was made by Mr. Lebak, seconded by Mr. Panfili, to approve Resolution 05-2009. The vote was in the affirmative, with the exceptions of Ms. Kelly, and Mr. Coover, who abstained, and the motion carried. 06-2009 Chesterfield Baptist Church: 209 Matthews Lane; Block 502, Lots 12 & 13; Major Site Plan for Parsonage, Church Addition and Parking; Village Zone. Continuance Approved January 13, 2009. A motion was made by Mr. Malison, seconded by Ms. Kelly, to approve Resolution 06-2009. The vote was unanimous and the motion carried. 07-2009 Recommendation of Park Construction to the Township Committee Approved January 13, 2009. A motion was made by Mr. Malison, seconded by Mr. Coover, to approve Resolution 07-2009. The vote was in the affirmative, with the exception of Mr. Durr, who abstained, and the motion carried. Mr. DiFelippis opened the meeting for public comments on items not on the agenda. There being no comments, the public portion of the meeting was closed. ITEMS FOR ACTION Chesterfield Baptist Church: Block 502, Lots 12 & 13; 209 Matthews Lane; Major Site Plan for Parsonage, Church Addition and Parking; Village District. Mr. Wilson stepped down. Attorney Robert Sexton, represented the church. At the January 13th Planning Board Meeting all of the items in the Township Engineer’s letter were addressed with the exception of the landscaping near the adjoining property on Block 502, Lot 11. Mr. Sexton provided a copy of the deed for consolidation that was previously approved by the Township Engineer and Planning Board Solicitor. John Benton, a member of the Chesterfield Baptist Church, was sworn at the previous meeting. He testified that the owner of the adjoining property felt that the installation of a split two-rail fence beginning at the two windows on the house to 5’ beyond the house as well as proper grading to keep drainage from his property would be acceptable in lieu of plantings. The parking blocks will remain. There will be a 7’ spacing of the proposed trees on the north side of the property. The following are Ms. Jamanow’s comments offered on her report dated February 9, 2009. The grade elevation on the detail for Drainage Area 3 shows a grade variation between 89.31’ and 91.14’. The site plan shows proposed grades at Drainage Area 3 between 89.31; and 90.14’. Mr. Sexton advised that this error will be corrected on the final site plan. An as-build plan of the septic system should be provided. The system as shown on the site plan differs from the approved septic system design plan. An as-built plan will be provided for Ms. Jamanow. Mr. Malison expressed concern about the grading on one area of the plan. Ms. Jamanow advised that water will flow to the street. She will review the drainage at the time of construction. Chairman Mr. DiFelippis opened the hearing for public comments. As there were none, the public portion of the hearing was closed. Solicitor Hardt summarized the approval. The applicants have agreed to install a two-rail, old west style fence, trees on the north side of the property will be planted 7’ apart and the fence will be lengthened to 5 feet beyond the house. A motion was made by Mr. Durr, seconded by Mr. Malison, to approve the Final Site plan subject to the conditions noted. The vote was unanimous and the motion carried. Mr. Benton advised that work will begin on the parking lot when the ground is thawed and dry. Ms. Kelly noted an issue with the exterior trim. There had been concern that the wood underneath the vinyl trip was deteriorating. Historic Review will be needed to assess the condition of the wood and restore the wood, if needed. Mr. Benson added that the church would prefer a material with as little maintenance as possible. Mr. Wilson returned to the dais. 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. Attorney Timothy Little represented the applicant. Mr. Burg and his engineer, Daniel Caruso, were sworn. Exhibits were marked. Mr. Burg plans to construct a 150’ x 80’ pole barn on his 16.078 acre property located in the Agricultural Zoning District. The pole barn is a permitted accessory use in the Ag District and is proposed to be used for indoor riding of horses. Access to the proposed pole barn will be through an existing gravel driveway. At 8:15PM Mr. Kelly arrived. Mr. Little reviewed the items for completeness in Ms. Jamanow’s report dated February 5, 2009. (The numbering refers to the numbers contained on the checklist.) 12. Date of current property survey within two years. Mr. Little stated that the applicant will provide this item. 25. Payment of escrow fees. Mr. Little advised that escrow payment was made. The request of a waiver on this item was an error. 26. Property owners and property lines of all parcels within 200’ identified on most recent tax map sheet. This item will be provided. 33. Drainage area map. A waiver is requested and recommended. 34. Drainage calculations. A waiver is requested and recommended. 35. Percolation tests (if applicable) A waiver is requested and recommended. 36. Proposed utility infrastructure plans and profiles and supplier of resources, including sanitary sewer, water, storm water management, telephone, electric and cable TV. (A waiver has been requested; however, any utilities to service the proposed pole barn should be shown. Only electric will be added. 38. Spot and finished elevations at all property corners, corners of all structures or dwellings, existing or proposed first floor elevations and general location of buildings. A waiver is requested and recommended. A motion was made by Mr. Malison, seconded by Mr. DiFelippis, to deem the application complete. The vote was unanimous and the motion carried. Mr. Malison asked why this application was a Major Site Plan. Solicitor Hardt advised that in order to be a minor site plan the ordinance requires the project to be under 1,000 square feet. Mr. Malison asked why the site plan was needed when the pole barn is a permitted use in the Agricultural Zone. Mr. Hardt advised that if the addition requires a building permit it requires a Site Plan. A discussion ensued. The following comments were offered in Ms. Jamanow’s report for the major site plan.
Mr. Lebak pointed out to Mr. Burg the area of roadway that is owned by the Township. Mr. DiFelippis opened the meeting for public comments. Paul Peterla, 25 Georgetown Road, was sworn. Mr. Peterla originally had concerns about the proposal; however, after hearing Mr. Burg’s testimony he felt relieved about the project. He asked if Mr. Burg could possibly remove the debris on the edge of Mr. Burg’s property line towards Georgetown Road. He felt that a swale would help to keep the rainwater from running on to his property. Mr. Burg agreed. As there were no further comments, Mr. DiFelippis closed the public portion of the meeting. A motion was made by Mr. Malison, seconded by Ms. Kelly to approve the application with the waivers suggested and the addition of an at-risk permit. 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. Several Planning Board Members are associated with the Crosswicks Foundation, which eliminates them from voting on this use variance. As at least five affirmative votes are needed for approval of a use variance, it is to the applicant’s advantage to have a full board hear the application. Only five members were available, initiating a request for a continuance to the March 10th meeting, in hopes that a full board will be present on that date. A motion was made by Mr. Panfili, seconded by Mr. Wilson to approve a continuance to the March 10, 2009 Planning Board Meeting. The vote was unanimous and the motion carried. K. Hovnanian/Heritage: Presentation of the New Model “Fairfield” with Revisions; Proposal of “James” Model as a Village Home in the Planned Village Development District. On the Fairfield Models porches will be porches will be 7’ deep, Wrap-around porches will be offered as an option. The garage will be moved forward 1 ½ - 2’. Amendments to the trim are subject to approval by the Planning Board Planner. Trim options are to be wider on all new models. Elevation IIAF Model (with siding) was eliminated as an option for a Perimeter Home. If a buyer requests Elevation IIA5 it may be used only on previously approved the Village Lots. Elevations IIIA7 and 3B7H require wider trim subject to the approval by the Board Planner. A motion was made by Mr. Malison, seconded by Ms. Kelly, to approve the models and the use of the “James” model as a Village Home. The vote was unanimous and the motion carried. At 9:00PM Mr. Spence arrived. 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. The house that has been under construction at this site includes a two-story garage with and 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. At the January 13th meeting, 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. Malison stepped down. Exhibits were marked. Thomas Gestite, executive with Toll Brothers and Kevin Spencer, Planner, were sworn. Attorney, Richard Hamilton represented Toll Brothers. Mr. Gestite testified that they are before the Board to request a 5’ rear yard setback for this property. The front entry garage joins the house with a laundry room and storage area. The approving resolution for this development prohibits closed connections to the garages; they must be open breezeways. There are only 9 unsold properties that have not started construction. The process of selling and showing homes is to make sure that the design fits into the buyers needs. Mr. Gestite testified that Toll Brothers would not intentionally modify the plan with a prohibited design. They have had the contract in place for this property since May 24, 2008 and were not aware of the violation. Toll Brothers applied for a building permit on August 8, 2008. On the plot plan, the orientation of the house was shown with a connected laundry room. A building permit was issued on August 26, 2008. On November 26, the construction office notified Toll Brothers of the violation. On December 8th they received the violation. By that time, the rough work was done to the extent of $125,000 into the project. To move the garage back 5’ they would have to demolish and reconstruct the garage and laundry and make them smaller at a cost of $75,000 to $80,000. He met with the Township Planner to discuss changes to the facade that would make the dwelling more appealing without substantial detriment. Mr. Spencer noted that the design overall conforms to the nature of the neighborhood. Changes will make it more appealing without substantial detriment to the neighborhood. Ms. Kelly noted that the third-floor window was not on the approved model. Mr. Gestite advised that the window was added to provide light into the third floor stairway. A variance is also needed for the 3rd floor window. Ms. Specca advised that the alterations to the model would include a porch over the Laundry Room exit. In general, the Tech Board found the informal proposal to their liking. Chairman DiFelippis opened the hearing for public comment. There being none, he closed the public portion of the hearing. A motion was made by Mr. Lebak, seconded by Ms. Kelly, to approve the variances for the rear yard setback and open breezeway as well as the third-floor window. The vote was unanimous and the motion carried. Mr. Malison returned to the dais. 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. Applicant Bruce Gnandt was sworn. Exhibits were marked. Mr. Gnandt testified that he was delayed by outside approvals as well as delays with his engineer. He has received all of his approvals and Ms. Jamanow has approved his plans. He is requesting a 60-day extension in time so that he can get his plans recorded with the county. A motion was made by Mr. Durr, seconded by Ms. Kelly, to approve a 60-day extension of time to record his plans. The vote was unanimous and the motion carried. DISCUSSION Crestwood – Request to Obtain a Minor Subdivision from a Previously Subdivided Parcel that was Approved in October 2006 and is not Perfected. Attorney Daniel Graziano, representing Crestwood advised that the application received final approval in October of 2006. Harry Bentley was the previous owner of the property. He was promise a lot for the subdivision. They would like to come before the Planning Board to separate a lot from the subdivision for Mr. Bentley by way of a deed. Mr. Graziano was advised that he would have to file a plan, as this application would require a Major Subdivision. The lot that they intend to deed to Mr. Bentley has a variance for size. When asked why the Major Subdivision had not yet been perfected, Mr. Graziano noted that they are still trying to obtain easements, deed restrictions and a Developer’s Agreement with the Township. Ms. Jamanow advised them that they need to take care of those outstanding items in a timely fashion. An application for an Amended Major Subdivision will be submitted to the Planning Board secretary no later than February 17th in order to be heard at the March 10th Planning Board Meeting. An approval for an extension is not needed, as the application falls within the parameters of the Permit Extension Act. Review of §130-110 of the Land Development Ordinance Regarding Escrow and Application Fees. Ms. Wills prepared a list of recommended increases in escrow fees to provide for the lack of sufficient funds for recent applications. The Planning Board Members reviewed the list and directed Ms. Wills forward the recommendation to the Township Committee. A motion was made by Mr. Lebak, seconded by Ms. Kelly, to recommend said increases to the Township Committee. The vote was unanimous and the motion carried. 2008 Planning Board Approvals Ms. Wills prepared a list of the variance approvals for the year 2008. She was directed to send the report to the Township Committee for review. INVITATION FOR PUBLIC TO SPEAK Chairman DiFelippis opened the meeting for public comments. There being none, the public portion of the meeting was closed. At 10:10PM the Planning Board entered into executive session in order to discuss matters related to Litigation and Attorney/Client Privilege. At 10:15PM the Planning Board returned to the public meeting. ADJOURNMENT At 10:15PM, there being no further business, a motion was made by Ms. Kelly to adjourn. So moved. Respectfully
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