CHESTERFIELD TOWNSHIP PLANNING BOARD

CHESTERFIELD TOWNSHIP PLANNING BOARD

April 14, 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.

Roll call was taken showing present: Donald Coover, Lawrence Durr, Brian Kelly, John Nunziato, Lido Panfili, F. Gerry Spence, Matthew Weismantel, and Chairman DeFelippis. Absent: Deborah Kelly, Gregory Lebak, Thomas Leyden, Joseph Malison and Brian Wilson. Professional staff present: Frederick Hardt, Solicitor; Nancy Jamanow, Engineer; Lisa Specca, Planner’s Office.

MINUTES

March 10, 2009 Regular and Executive Session

Ms. Wills advised the Planning Board of an error on page 3. “Amy Coover, a member of the Crosswicks Foundation” should read “Amy Coover, President of the Chesterfield Township Historical Society”. A motion was made by Mr. Coover, seconded by Mr. Spence, to approve the March 10, 2009 Regular and Executive Session Minutes with the change to page three. The vote was in the affirmative, with the exception of Mr. Durr, who abstained, and the motion carried.

April 1, 2009 Regular and Executive Session

A motion was made by Mr. Coover, seconded by Mr. Spence, to approve the April 1, 2009 Regular and Executive Session Minutes. The vote was unanimous and the motion carried.

INVITATION FOR PUBLIC TO SPEAK – Matters not on the Agenda

Chairman DeFelippis opened the meeting for public comments not related to items on the agenda. As there were no comments, the public portion of the meeting was closed.

RESOLUTIONS

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.

This resolution will be considered after the hearing regarding public notice later in the evening.

16-2009 Chesterfield Greene Approval of Certain Architectural Modification to Plymouth Models. Approved at January Technical Meeting.

A motion was made by Mr. Spence, seconded by Mr. Panfili, to approve Resolution16-2009. The vote was in the affirmative with the exception of Mr. Weismantel, who abstained, and the motion carried.

17-2009 K. Hovnanian/Heritage Approval of Look-Alike Model on Block 202.107, Lot 2, 163 Recklesstown Way. Approved at January Technical Meeting.

A motion was made by Mr. Coover, seconded by Mr. Kelly, to approve Resolution 17-2009. The vote was unanimous and the motion carried.

18-2009 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. Continued at the March 10, 2009 Meeting.

A motion was made by Mr. Panfili, seconded by Chairman DeFelippis, to approve Resolution 18-2009. The vote was in the affirmative, with the exception of Mr. Weismantel, who abstained, and the motion carried.

19-2009 Crestwood (Bentley Farm): Block 202, Lot 17.02; 55 Fenton Lane, Phase I of Amended Final Major Subdivision in the Planned Village Development-2 Zone. Approved March 10, 2009

A motion was made by Mr. Spence, seconded by Mr. Kelly, to approve Resolution 19-2009. The vote was in the affirmative, with the exception of Mr. Panfili, who abstained, and the motion carried.

20-2009 Executive Session Approved March 10, 2009.

A motion was made by Mr. Panfili, seconded by Mr. Spence, to approve Resolution 20-2009. The vote was unanimous and the motion carried.

21-2009 Executive Session Approved April 1, 2009.

A motion was made by Mr. Panfili, seconded by Mr. Spence, to approve Resolution 21-2009. The vote was unanimous and the motion carried.

22-2009 A Resolution Recommending Adoption of an Amendment to Section 130-142, Et Seq., of the Code of the Township of Chesterfield Dealing with Telecommunications, Towers and Antennas. Approved March 10, 2009.

This resolution was considered later in the meeting after a discussion on the amendment.

23-2009 Heritage/K.Hovnanian: 19 Downer Way; Block 202.45, Lot 8; Look-alike. Approved at the April 1, 2009 Tech Meeting.

A motion was made by Mr. Coover, seconded by Mr. Spence, to Approve Resolution 23-2009. The vote was unanimous and the motion carried.

24-2009 Chesterfield Matzel & Mumford: 157 Recklesstown Way: Block 202.100, Lot 1; Relocate Garage and Eliminate Windows. Approved at the April 1, 2009 Tech Meeting.

This resolution was not available at the time of the meeting. It will be considered at the May 12, 2009 Meeting

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. Set Date for New Meeting.

The attending members who are eligible to vote on this meeting, Mr. Spence, Mr. Panfili, Mr. Nunziato and Chairman DeFelippis, all are available for the next Regular Planning Board Meeting date of May 12, 2009. Ms. Wills will contact the remaining four eligible members to confirm their availability for a continuance to May 12^th.

Susan and Robert Miller: Block 202.15, Lot 1; 151 Recklesstown Way; Bulk Variance for Over Sized Fence in the PVD Zone.

This application is proposing the installation of a fence located at 151 Recklesstown Way. The property is in the Planned Village Development District. The applicant is requesting bulk variances to construct a five-feet high fence in the front yard of the property. The lot is surrounded by two roadways and an alley. Therefore, this lot is a corner lot and as contained in the definition of Lot, Corner, the lot has 2 lot frontages and the side of the lot along Filly Lane can be considered a side yard. Township Ordinance does not permit solid fences in the front or side yards. The application proposes a five-foot high fence, with four-feet solid fencing and the top foot opaque, along Recklesstown Way, Filly Lane and Woodward Way. A variance is required.

Exhibits were marked and Susan and John Miller were sworn. Mr. Miller gave testimony as to the reasons for requesting the variance. In the last three weeks he has noticed heavy pedestrian traffic, some crossing his property. He has had dogs running onto his property as well as owning dogs that he needs to maintain on his property. There is little privacy on his corner. Additionally, he plans on installing a pool in the future and needs the screening as well as providing safety.

The Planning Board felt that the large area of solid fencing should be softened with landscaping. Mr. Miller agreed to the addition of landscaping. It was suggested that a time period for the installation of the landscaping be added. Consideration of the Millers’ pool construction was taken into consideration; however, Mr. Miller stated that access to the future pool site would be from Filly Lane where landscaping is not an issue. November 15, 2009 was recommended by Ms. Specca for completion of the landscaping.

Discussion arose on the fence color. The Millers were able to put a fence in the back yard without the variance. The fence regulations do not limit the color of vinyl fencing. Mr. Miller’s current fencing is tan, which he felt blended better with the color of his home. He would prefer to continue the tan color to the proposed new fencing. Several of the members felt that this would disturb the continuity as all of the vinyl fencing in the development is white. Mr. Miller agreed to use white fencing.

Chairman DeFelippis opened the hearing for public comment. There being none, the public portion of the hearing was closed.

Solicitor Hardt advised the Planning Board that an approval of the Millers’ fence variance would be for a 4’ solid, 1’ opaque white fence (the section in the rear may remain tan). Conditions of the approval are that the shrubbery/landscaping remain out of the site triangle and will be inspected by the Township Engineer. The screening plants that are to buffer the fence on Recklesstown Way will be approved by Ms. Specca and installed by November 15, 2009.

A motion was made by Mr. Coover, seconded by Mr. Spence, to approve the variance with the conditions noted. Mr. Durr commented that the two colors of fencing would not be esthetically pleasing for the Millers’ back yard. He felt that the owners should be able to have cohesive fencing.

After a brief discussion in which the issue was argued, the motion was amended by Mr. Durr, seconded by Mr. Panfili, to allow a tan color fence. The vote was in the affirmative, with the exceptions of Mr. Coover, Mr. Kelly and Mr. Weismantel, who voted no, and the motion carried.

On the original motion by Mr. Coover, seconded by Mr. Spence, to approve the application with the conditions noted, with the exception of the amendment providing for the entire fence to be tan, the vote was in the affirmative, with the exceptions of Mr. Kelly and Mr. Weismantel, who voted no, and the motion carried.

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. Public Notice Inquiry.

Richard Hamilton, attorney for the applicant submitted “Track and Confirm” documentation from the United States Postal Service showing that Public Notice was performed in conformance with statute regulations. He advised that the notice for Toll Brother’s Bulk Variances on February 10, 2009 was served by certified mail with return requests. All processing was done by Pitney Bowes and sent out the same day. It is company policy not to leave mail in the office overnight. Mr. Hamilton noted that when certified mail is sent with a return request and no one is home to sign for the letter, a note from the post office is left notifying the residents that they may sign for and pick up the mail at the post office. Many times the residents do not pick up the letter. The members agreed that the public notice was correctly processed.

A motion was made by Mr. Panfili, seconded by Mr. Spence to approve Resolution 13-2009. The vote was unanimous and the motion carried.

DISCUSSION

Cell Tower Ordinance

Mr. Spence and Mr. Durr stepped down. Solicitor Hardt reviewed the ordinance amendment and the alternative proposals within the amendment. The Planning Board discussed meeting the conditions of conditional use standards as well as the standards of the state. The members felt that Alternative 1 was the stronger position and defended the TDR Program.

A motion was made by Mr. Coover, seconded by Mr. Panfili, to approve Alternative 1 and recommend the amendment to the Township Committee. The vote was in the affirmative, with the exceptions of Mr. Durr, Mr. Kelly and Mr. Spence, who abstained, and the motion carried.

INVITATION FOR PUBLIC TO SPEAK

Larry Durr, 137 Old York Road spoke on the Transfer Development Rights Ordinance. He noted that many people chose the TDR program because it is not as restrictive as the state program. He explained that those in the program must meet the conditional use standards and obtain a use variance for the employment of a cell tower on their TDR preserved property.

MISCELLANEOUS

Ms. Specca advised that she would review the fence ordinance and make some amendments for discussion at the next Tech Meeting. She advised the Planning Board that Chesterfield is required to re-examine the Master Plan every six years. This will need to be done this year. The review does not necessarily mean that changes need to be made unless it is found that changes are needed.

ADJOURNMENT

At 9:16 PM, there being no further business, a motion was made by Mr. Weismantel, to adjourn. So moved.

Respectfully submitted,

Linda S. Wills, Secretary