PITTSGROVE
TOWNSHIP PLANNING BOARD
FEBRUARY 15, 2006
The regular meeting of the Planning Board of
Pittsgrove Township was held on February 15, 2006 in the Municipal Building
Courtroom. The meeting was called to order, compliance with the Open Meeting
Act made and Flag Salute was lead by the Vice Chairman Frank Pace.
Members present were: Joseph Lindmeier,
Robert Widdifield, Linda DuBois, Tom Figlio, Robert Morse, Peter Voros, William
Wright and Frank Pace.
Members absent were: Gregory Hickson, Robert Ternay, Dennis Rambone, Charles Hughes and Kevin Foster.
MINUTES
JANUARY
25, 2006
On a motion by Robert Widdifield and
seconded by Linda DuBois the minutes of the January 25, 2006 meeting were
approved as amended.
Vote:
All were in favor.
APPLICATIONS
WAYNE MAY - MINOR
SUBDIVISION (LOT LINE ADJUSTMENT) & BULK VARIANCES
– BLOCK 1405, LOTS 1 & 2, GREENVILLE ROAD
The applicant Wayne May was present with
no other representatives.
Planning Board Solicitor William Horner
verified that all public notice requirements, completed by the applicant, were
sufficient.
Planning Board Engineer Mark Brunermer
commented on his letter dated November 21, 2005.
Mr. May noted that the map by Fralinger
Engineering noted “iron posts have been installed”. He commented that the “Lot
Line Adjustment” is only to expand the existing nursery.
It was noted that the existing asphalt
driveway encroaches upon the property line between Lot 2 & Lot 2.01.
The application was opened to the public
for questions and/or comments.
Herb Wegner spoke of his concerns with
the lot line and driveway.
On a motion by Robert Widdifield and
seconded by Robert Morse the Lot Line Adjustment was approved with all
requested variances granted.
Roll
Call Vote: All were in favor.
D’LEO CONSTRUCTION – BULK
VARIANCE APPLICATION TO ALLOW CONSTRUCTION OF A SINGLE FAMILY HOME ON AN
EXISTING LOT IN THE R-2 ZONE THAT DOES NOT MEET THE MINIMUM REQUIREMENTS FOR
LOT AREA, DEPTH AND WIDTH - BLOCK 2707, LOT 8, RAINBOW TRAIL
The applicants Richard Daniel and Phyllis
Daniel were present with Dan Mychael from D’Leo Construction.
Planning Board Solicitor William Horner
verified that all public notice requirements, completed by the applicant, were
sufficient and noted the variances requested.
Planning Board Engineer Mark Brunermer
gave a brief explanation of his letter dated January 30, 2006.
Mr. Mychael testified that Mr. Ziegler,
owner of lot 9 & 10 was not interested in selling any adjoining property.
Mr. Horner stated the non-conforming
property should be offered to the adjoining property owners for market value.
The applicant noted that the majority of
the lots in the area are 1/3 to 1/2 an acre.
The Daniels presented the MLS ad listed
by Coldwell Banker McClain Heller which stated “Buildable lot on beautiful
Rainbow Trail.
Some members were concerned with grading
of the property and an existing swale that appears to go through the property.
Mr. Horner commented that the applicant
may want to continue the application to allow time to inquire about selling
property to adjoining owners and to provide more information.
The application was opened to the public
for questions and/or comments.
Herb Wegner commented that persons
interested in property should not take the word of owners or realtors. He also
expressed concern with a septic near Rainbow Lake.
Bruce Harbison commented that approval of
this application would defeat the existing code.
Dominick Nardone spoke about the area
being congested and his opinion that the woods should not be removed.
James Costas stated he was in agreement
with Mr. Nardone.
Robert Chalow noted that he feels sorry
for the applicant but the zoning rules shouldn’t be varied from.
The public portion was closed.
On a motion by Robert Widdifield and
seconded by Robert Morse the application for the variances was denied.
Roll
Call Vote: yes - Robert Widdifield,
Robert Morse, Tom Figlio, Joseph Lindmeier, Linda DuBois, William Wright, Pete
Voros and Frank Pace.
530 PORCHTOWN ROAD, LLC, LICCARDELLO – MAJOR
SUBDIVISION PRELIMINARY APPLICATION, BLOCK 802, LOT 46, CENTERTON PORCHTOWN
ROAD (12 NEW LOTS PROPOSED) ATTORNEY: BARRY LOZUKE
Barry Lozuke, attorney for the applicant was
present and requested a vote to deem the supplemental application complete.
On a motion by Robert Widdifield and
seconded by Joseph Lindmeier the application was deemed complete as
supplemented.
Roll
Call Vote: All were in favor.
Mr. Lozuke noted that the supplemental
plan does not withdraw the original application.
Mr. Horner commented on the public notice
stating the date published in one of the newspapers was incorrect. However, his
investigation proved that incorrect publication of one newspaper does not
disqualify the hearing.
Mr. Brunermer commented on the
supplemental plan and his review letter dated February 7, 2006 and the letter
from the Environmental Commission dated February 6, 2006.
Steve Filippone, Professional Engineer
and Planner for the applicant described the alternate subdivision plan. The
plan reduced the cul-de-sac to 1000’ in length and is changed to rolled
curbing.
The existing home will be removed with a new
home replacing it which will be accessed from the cul-de-sac road and will not
encroach agricultural buffers as the existing home would. However, the
applicant is requesting a waiver of the agricultural buffer.
The alternate plan represents one
variance required for a lot width of 110’ for access to the basin.
Albert Newman spoke on his Environmental
Report dated November 15, 2005. The report noted the potential for Coopers Hawk
in this area.
The meeting was opened to the public for
any questions or comments regarding this application.
Robert Chalow asked about the “open
space” and what it is used for.
William Horner responded, “Normally it is
maintained by the Homeowners Association.”
Kevin Garrison was concerned with the
length of time spent on the property for the Environmental Study.
Mr. Lozuke commented that experts provide
an opinion and land is provided and preserved for the Coopers Hawk.
Timothy Hack questioned the possibility
of light pollution and commented that he likes the darkness in the area. He
also stated that the board should have an independent Environmental Study.
Steve Filippone commented on the proposal
of four low level street lights also stating there would be no project signs.
Barry Fox would like to see proposals in
writing before final approval and housing deleted from the existing home lot.
Arnold Shelton asked what happened to the
requirement of 200’ frontage.
Herbert Wegner, Chairman of the Environmental
Commission would like a second opinion on the Environmental Study. He has
talked with a birding expert who informed him the Coopers Hawk must be
investigated in early spring.
It is his opinion that the proposed home
should not be in the agricultural buffer. However, does not want the old house
there.
Mr. Wegner also spoke of his concern with
homeowners cutting trees and asked if it could be deed restricted.
William Horner stated, “It is possible to deed
restrict cutting of trees. However, it is difficult to enforce.”
Mr. Lozuke commented that they have provided
the location of all trees and have agreed to locate the septic and wells in
order to preserve trees. He also commented that the Township could have
ordinances to prevent “cutting of trees” for the entire township.
Mr. Horner informed the board that they can
retain their own expert but should be sure it is necessary also noting the
applicant has granted several extensions for time of decision.
Mr. Lozuke summarized the application stating
the alternate plan was a genuine effort to conform to the board’s request and
that the applicant has never said no to any requests from the board.
He
asked that the board abide by the ordinance and its rules and grant preliminary
approval tonight.
A motion was made by Robert Morse and
seconded by Tom Figlio to have an independent environmental study based on
concerns regarding the presence of the Coopers Hawk.
Roll
Call Vote: yes - Robert Morse, Tom
Figlio, Joseph Lindmeier, Linda DuBois and Peter Voros
No - Robert
Widdifield and Frank Pace
Mr. Lozuke advised the board that the
applicant is not willing to grant an extension of time for decision.
Mr. Horner explained that the board must
act within a required time period.
On a motion by Peter Voros and seconded
by Linda DuBois the application was denied based on the information from Mr.
Lozuke that additional time will not be granted by the applicant.
Roll
Call Vote: yes - Peter Voros, Linda
DuBois, Tom Figlio, Joseph Lindmeier, Robert Widdifield and Robert Morse
No
- Frank Pace
BIFULCO BROTHERS - MAJOR
SITE PLAN, PRELIMINARY APPLICATION – BLOCK 2001, LOT 29.01- ALMOND ROAD –
ATTORNEY: HENRY ZERELLA
The Planning Board Solicitor announced
that the application for BiFulco Brothers would not be heard this evening and
that he has received, from the applicant’s attorney, a waiver of time for the
board to make a decision.
ESCROW FEE DETERMINATION
WAYNE MAY – MINOR SUBDIVISION (LOT LINE ADJUSTMENT)
& BULK VARIANCES – CURRENT BALANCE: $950.25
On a motion by Linda DuBois and seconded by
Robert Morse the escrow paid for this application is deemed to be sufficient.
Vote:
All were in favor.
D’LEO CONSTRUCTION – BULK VARIANCE APPLICATION
CURRENT
BALANCE: $788.50
On a motion by Linda DuBois and seconded
by Tom Figlio the escrow paid for this application was deemed to be
insufficient and an additional $700.00 is required.
Vote:
All were in favor.
530 PORCHTOWN ROAD, LLC, LICCARDELLO – MAJOR SUBDIVISION PRELIMINARY
APPLICATION – CURRENT BALANCE: $625.00
On a motion by Robert Morse and seconded by
Tom Figlio the escrow paid for this application was deemed to be insufficient
and an additional $1,500.00 is required. All were in favor.
BIFULCO BROTHERS - MAJOR SITE PLAN, PRELIMINARY APPLICATION
–
CURRENT
BALANCE: $3,996.75
On a motion by Linda DuBois and seconded
by Robert Morse the escrow paid for this application is deemed to be sufficient.
Vote:
All were in favor.
RESOLUTIONS
ROBERT
MORSE – RESOLUTION MEMORIALIZING APPROVAL OF A BULK VARIANCE APPLICATION FOR PROPOSED POLE BARN NOT MEETING REAR
AND SIDE YARD SETBACKS – BLOCK 1503, LOT 49 – CEDAR ROAD
On a motion by Robert Widdifield and
seconded by Tom Figlio the resolution granting approval to Robert Morse was
approved as submitted.
Vote:
All were in favor. Robert Morse abstained.
COMMITTEES
ORDINANCE REVIEW COMMITTEE
ENVIRONMENTAL
COMMISSION
ECONOMIC DEVELOPMENT COMMITTEE
SHADE
TREE ADVISORY COMMITTEE
OTHER BUSINESS
LETTER
FROM FIRE COMPANIES DATED FEBRUARY 4, 2006.
Timothy O’Donnell, Fire Chief of Willow
Grove Fire Company and Ed Myers Jr., Fire Chief of Centerton were present to
discuss the letter regarding cul-de-sacs and widths of roads.
REDEVELOPMENT PLAN FOR LANDIS AVENUE
SUBCOMMITTEE
TO ESTABLISH CRITERIA FOR PROPOSALS FROM PROFESSIONAL PLANNERS
The Vice Chairman announced that the
sub-committee has scheduled some meetings to start this process.
REXAMINATION OF MASTER PLAN DUE YEAR 2006
ESTABLISH
DATE TO MEET WITH TOWNSHIP PLANNER, SALLY BIRDSALL (2006 MEETING SCHEDULE)
On a motion by Robert Widdifield and
seconded by Joseph Lindmeier the board secretary will contact Sally Birdsall
requesting an estimate of required time, dates and cost necessary to reexamine
the Master Plan.
Vote:
All were in favor.
ADOPT A ROAD PROGRAM – MCKISHEN ROAD – LAST CLEANING WAS 8/7/05
No business
EXECUTIVE SESSION (IF REQUIRED)
On a motion by Robert Widdifield, and
seconded by Peter Voros, a Resolution to Authorize Executive Session was
approved as follows:
The Open Public Meetings Act permits the
exclusion of the public from a meeting in certain circumstances, and the
Pittsgrove Township Planning Board, being of the opinion that such
circumstances exist, resolves as follows:
1. The public shall be excluded from discussion
of the executive session subject matter.
2. The general nature of the subject matter to be
discussed is as follows:
a.
Anticipated
litigation in which the Board may become a party; matters falling within the
attorney/client privilege.
3. It is anticipated at this time that the above
stated subject matter may be made public as follows:
a.
with respect to
matters involving litigation, after said litigation has been resolved and all
periods of appeal have expired; and
b.
with respect to
other matters within ninety (90 days from the date hereof.
4.
This resolution shall take effect immediately.
Vote:
All were in favor.
Following discussion on the executive session
matter, on a motion by Robert Widdifield and seconded by Peter Voros, the
meeting was reopened to the public.
Vote:
All were in favor.
530 PORCHTOWN ROAD, LICCARDELLO
A motion was made by Robert Widdifield
and seconded by Linda DuBois to revisit the Major Subdivision application
without requiring another Environmental Specialist. If approved, the applicant
will be invited back for the board to reconsider approval of the application.
Roll
Call Vote: yes - Robert Widdifield,
Linda DuBois and Frank Pace
No - Tom Figlio, Joseph Lindmeier, Robert Morse and Peter Voros
The motion did
not carry.
ADJOURNMENT
There being no further business the meeting
was adjourned on a motion by Pete Voros and seconded by Linda DuBois.
Vote:
All were in favor.
________________________________
Nancy L. Huster, Land Use Administrator