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CHESTERFIELD TOWNSHIP PLANNING BOARD MEETING June 29, 2009 The special 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: Deborah Kelly, Gregory Lebak, Thomas Leyden, Joseph Malison, John Nunziato, Lido Panfili, F. Gerry Spence, Matthew Weismantel, Brian Wilson and Chairman DeFelippis. Absent: Lawrence Durr, Donald Coover and Brian Kelly. Professional staff present: Frederick Hardt, Solicitor; Nancy Jamanow, Engineer; Lisa Specca, Planner’s Office INVITATION FOR PUBLIC TO SPEAK – Matters not on the Agenda Valerie Jones, 21 Bordentown-Crosswicks Road questioned whether Transfer Development Rights credits could be reissued on a property after they were lost by way of a small subdivision. She was advised that the lots would need to be reconsolidated with no buildings on the property. 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. The Crosswicks Foundation is applying for a use variance for the existing dwelling on the property to serve as the headquarters for the Chesterfield Historical Society, a museum and an office facility for the Crosswicks Foundation, Inc. The proposed uses are not permitted for principal, accessory, or conditional uses within the Village Zoning District. Exhibits were parked as follows:
A-1 Application A-2 Plan A-3 Proof of publication A-4 Proof of service to homeowners A-5 Engineer Report dated November 17, 2008 A-6 Planner report dated December 1, 2008 A-7 Photos a through d
William Brick, President of the Crosswicks Foundation affirmed that he would tell the truth. Upon examination by the applicants’ attorney, Timothy Little, Esq., Mr. Brick gave the following testimony.
Mr. Brick testified that the purpose of the Crosswicks Foundation is preservation of historic properties and education of the public as related to preservation. The building has been on the State Historic Registry since 1975 and the National Registry since 1976. The Foundation would like to lease the building to the Historical Society. The house was built in 1850 on a large property that includes enough acreage for parking. The property is in the village, which is a good location for the Historical Society. There is a 10’x10’ bedroom upstairs, which the Society will use for storage of records. There will be no sales. The Foundation will not be placing any signs on the property nor will there be any sales or deliveries. Eventually, there will be a telephone for the alarm; however, there will be no reason for phone usage. No members will be employed at the site. No special events are planned by the Foundation; however, the Historical Society may have plans. Mr. Little advised that it would be best to hold that issue until Ms. Coover testified. Mr. Brick advised that the Historical Society will maintain the property. The house was rebuilt, landscaped and has new electric, heat and air conditioning. It will need no further improvements. Mr. Brick had reviewed the reports from the Township Engineer and Planner. He advised that the property has public sewer and the septic tank was filled in. Discussion turned to the possibility of handicapped ramps for ADA compliancy. Mr. Brick advised that the Historical Society will provide them, if needed. The barn on the site is used for storage of an antique saddle wagon and farm implements. Upon discussion as to undertaking the Use Variance before the site plan issues, it was determined to be best to cover the Use Variance first. Mr. Singer requested that the Planning Board extend the hearing to the July meeting, as his Planner was not available for this meeting. Discussion ensued as to issues with continuing this meeting due to the problems that the Board has had in obtaining seven eligible members for this application Amy Coover, Historical Society President, was sworn. Ms. Coover testified that she has been President of the Historical Society since 2007. She advised that the purpose of the Historical Society was to bring people together, educate the community and maintain artifacts. They display the acquired artifacts at the museum on Ward Avenue, which, at this point, is not large enough. The Historical Society plans to display antiques for residents. There will be no staff at the site. The regular hours at the site will be for one business meeting a month for approximately two hours. There is an annual general meeting in February, which is held at the Baptist Church, and that meeting will not be moved to 2 Front Street. No deliveries will be sent to the site. The barn will be used for storage and possibly an outside educational program for children. Ms. Coover testified that the use of the property is quite restrictive. They plan on installing one free-standing sign that is proposed to be slightly larger than a typical realtor sign. There are big events planned three to four times a year. A house tour is normally planned for December. Antique displays as well as the September Festival are planned events. Tickets for the house tour will be sold at the 2 Front Street site. Educational programs will be held approximately four times a year and a party for the Historical Society will be held at the site yearly.
Ms. Coover testified that there is parking behind the building for eight vehicles in the circular driveway. The reason that they need the new location is that there is not enough room for their collections at the Ward Avenue site. Ms. Coover felt that the proposal was good for the township. The site is central, there is more space for functions and it will help to continue the programs. This particular site is central to the village and historically significant. She felt that there would be no negative impact as the building will remain in its current preserved condition. The educational programs are displayed artifacts that are provided by the state.
The applicants were advised that because the specifics of the Use Variance would confine the use of the property to that which will be listed in the resolution of approval, testimony should be given as to any needs the Historical Society might anticipate in the future. Ms. Coover was not aware of how many educational programs would be needed as they had never had these programs in the past. Ms. Coover testified that the Historical Society would not have any weddings at the site. ADA Compliance was addressed. It was not clear as to what would be needed at the site, due to its historical status. Paul Fletcher, Planner for the applicant was sworn and testified to his qualifications in Planning. Mr. Fletcher advised that he visited the site and reviewed the community and the township ordinance. He also reviewed the reports from the Township Planner and Township Engineer. Mr. Fletcher addressed the “Special Reasons” for granting of a Use (d) Variance, addressed in Part I, Chapter 2 of the Municipal Land Use Law. He testified that the village is well suited for the requested use. The Historical Society wants to maintain the nature of the site. Within the Village Zone lies the Township government facilities and playgrounds. The intensity of the Historical Society use is less than that of a single-family dwelling due to less noise, lighting and parking. The building will be vacant during the week and will not be a substantial detriment nor will it have an adverse impact upon the community. It will be maintained in its present state with little change. There is adequate parking for 10 to 12 automobiles in the circular drive. Mr. Fletcher stated that the use fits as a part of the historical nature of the village. The zone plan allows township facilities and quasi-public uses. Mr. Malison expressed concern that the removal of the Township’s income from taxes may suggest a negative impact. He was advised that the property currently is tax exempt. To Ms. Specca’s questions Mr. Fletcher noted that there were other civic uses in the area that compare with the Historical Society’s proposed use. Mr. Fletcher listed several uses such as the Community Center, Library and the current headquarters for the Historical Society. He advised that the barn stores a wagon and some other large farming implements. The barn site has no intense activity. Discussion ensued as to the amount of parking that was available at the site. Mr. Fletcher noted that there were possibly six spaces provided for the public with 10 spaces around the circular drive for meetings and 4 more spaces near the barn area. Chairman DiFelippis opened the meeting for public comment. Jonas Singer, attorney for an opponent to the application cross-examined Mr. Fletcher. Mr. Fletcher testified that approximately 75% of his work is as an Engineer. The last time he visited the site was last Thursday. He does not know the history of the building at 2 Front Street. Mr. Fletcher has been in the building, which has a floor layout of a single-family home. Parking for the annual fair will be on the grass and on the street. Mr. Fletcher is not aware of the attendance for the house tour or festival nor does he know where the antiques will be displayed. He felt that there was sufficient parking for meetings and that there would be more of a negative impact with a single-family use.
Mr. Singer cross examined Mr. Brick. Mr. Brick stated that the property would still maintain its residential character. A lease agreement, which commenced in September of 2008, restrains the use of the property. The Crosswicks Foundation would provide any needed improvements. The house tour was presented in December. There is a meeting once a month with a maximum of 13 trustees; however, not all of them are present. Their annual meeting is at the Baptist Church. The Historical Society has 250 paid members, which is a 30% increase this year. They anticipate three or four big events annually. A house tour in December sells approximately 80 tickets. The parking for the events is at the curb though out the village and on the site. Parking for the Festival is the same. The events are advertised. There are no plans for site improvements. There is no intent for the Historical Society to rent to a third party. There is also no intent to use the building during the week. The room upstairs is used for research and is not open to the public. During the events there is police coverage to control traffic. The festival would not produce any more traffic congestion this year than in the past 20 years. Mr. Singer cross-examined Ms. Coover. Ms. Coover testified that the Historical Society is the Welcome Wagon for the community, and is currently housed in the museum. They distribute reusable grocery bags with literature for local businesses, police, fire and library information. It is not a retail operation. There is an artist event in conjunction with the house tour. At 9:30 Chairman DiFelippis recessed the meeting for a short break. At 9:35 the meeting resumed. Maria Wheeler, 4 Front Street was sworn. Ms. Wheeler lives next door to the property. She felt that the Crosswicks Foundation did a fabulous job on restoring the building. They have always kept it in pristine order. Ms. Wheeler never saw people coming in and out of the building. During the festival she found there to be no undue noise and she had no objection to the variance. She feels fortunate to be living there and just did not want to see a paved parking lot on the site. John McMenamin, 6 Front Street, was sworn. Mr. McMenamin lives two doors away from the Crosswicks Foundation property. He has been a resident for 19 years and is happy to see the house restored. He felt that Mrs. Brick would be happy to see her home preserved. He stated that he has no concerns with the events. Kathy O’Niell, 420 Ellisdale Road, was sworn. She stated that she wanted to see the property preserved. The Crosswicks Foundation and the Historical Society have preserved the property well and their work benefits everyone in the community. Karl Braun, White Pine Road, was sworn. Mr. Braun was very supportive of the project. He felt that the use was a perfect fit and the Historical Society is trying to do what is right for the community. The cultural, historical and agricultural aspects of this use helps the community thrive. Tracy Larou, 16 Buttonwood Street, was sworn. Ms. Larou lives across from the house. She does not support the proposal. The functions have expanded and there will be more events than she thought. She disagreed that this use will have less impact than a single-family dwelling because no family has 13 cars. She wondered if other places in the township had been considered. Mr. Brick advised that the only other prospect has no parking at all. Connie Leyden, 454 Main Street, was sworn. She expressed her delight with the renovations. She felt that the Historical Society would be the best owner to keep the history and nature of the building intact. Ms. Leyden noted that there are very few people who attend the museum. Mr. Singer asked if the Leydens were members of the Historical Society. Mary Jane Baer, Treasurer of the Historical Society, was sworn. She testified that the Leyden’s were not members of the Society. David Hayden, 16 Buttonwood Street previously lived in the Gertude Brick home. He spoke on the needs for paving, ramps, door widening and other items that would be needed for ADA compliancy. He expressed concern that Front Street was narrow and parking is an issue on both festival day and the day of the house tour. The purpose is to educate and bringing people into the building. He felt that the other building owned by Mr. Brick may be a better fit. Lighting restrictions should be in place and he felt that the single-family use was the best use. Mr. Hayden also felt there were too many events planned. Michelle Graziul, 3 Front Street, was sworn. She has lived across the street for from 2 Front Street for three years. She stated that she purchased the property from the Crosswicks Foundation and provided the deed to her property (exhibit 0-1). The foundation imposed multiple deed restrictions on the property. Among those restrictions she cannot subdivide; have an apartment, boarding room or bed and breakfast nor can she change the clapboards. She can make no changes with the exceptions of adding to the back of the house or the garage. All of the surrounding houses had those restrictions imposed and she thought 2 Front Street would have the same restrictions. She distributed pamphlets showing the parking from the December 14th event. She noted that the variance application was filed when the event took place. Ms. Graziul spoke of the speeding problems in the village. Mr. Little advised that the applicant was not proposing the uses that were in her deed restrictions. Nancy Mrzljak was sworn. She explained that the Historical Society distributes a township-wide mailing every so many years to enlist new members. That is why there was a surge in enrollment this past year. She stated that the school students come to the museum at the Friends Meeting House. As to the single-family issue, the village has the post office and several homes are more than one unit. Tim Heath, 2 Buttonwood Street, was sworn. Mr. Heath advised that he was the person who parked all of the cars during the house tours. They were families from all over the community and, at most, there were 20 cars at a time at the site. Each family stayed approximately 30 to 40 minutes. The wagon in the barn was taken to Langhorn, PA for restoration. Mr. Heath is a potter and gave a demonstration at the event, showing children and adults his trade. Henry Krzewinski, 10 Front Street, expressed concern about the site plan waivers. He also felt that it was much more enjoyable to live next to a person. Maurice Baer, 29 Bordentown-Crosswicks Road, stated that he supports the proposed use. There being no further comments, Chairman DiFelippis closed the public portion of the hearing. Mr. Singer asked the Planning Board to continue the variance hearing to the July meeting so that his Planner could attend. Several of the Planning Board members were opposed to that suggestion. Mr. Singer did not feel that the applicant’s Planner gave adequate testimony and could not respond the consequences of the uses. Mr. Little stated that the use was a perfect fit. He noted that the use was the least intensive and least intrusive to the residents. The public welfare will be improved and the use fits perfect with the Master Plan. Solicitor Hardt spoke on the criteria to determine a use variance. There is not hardship; however, the use inherently serves the public good. It presents a unique quasi-public use. Mr. Malison felt that there should be restrictions on parking. A modified site plan was suggested by Ms. Jamanow to cover site specific items such as parking delineations and lighting issues as well as ADA Compliancy. Direction should be give to the applicant on what he needs for the site plan. Ms. Specca noted that the form and location of the free-standing sign should be submitted to the Zoning Officer for approval. The sign may need to be reduced in size or a variance might be requested. An approval of the Use Variance would be subject to a modified Site Plan, ADA compliance, lighting and delineated parking. The applicants would be allowed 4 to 5 educational events per year; office hours once a week; meetings twice each month all year for approximately two hours each time; 4 major event a year; antique display; 4th event to be for the Historical Society party and a time limit to modify the site plan. A motion was made by Mr. Leyden, seconded by Mr. Spence, to deny Mr. Singer’s request for a continuance of the Use Variance hearing. The vote was unanimous and the motion carried. A motion was made by Mr. Spence, seconded by Mr. Leyden, to grant the Use Variance subject to the aforementioned conditions. The vote was unanimous and the motion carried. INVITATION FOR PUBLIC TO SPEAK Chairman DiFelippis opened the meeting for public comments. As there were no comments, the public portion of the meeting was closed. ADJOURNMENT At 11:20PM, there being no further business, a motion was made by Mr. Spence to adjourn. So moved. Respectfully submitted, |