PITTSGROVE TOWNSHIP PLANNING BOARD

                                        OCTOBER 4, 2005

Meeting Time: 7:30 pm – 10:30 pm

     The regular meeting of the Planning Board of Pittsgrove Township was held on October 4, 2005 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 Chairman Gregory Hickson.

     Regular members present were: Gregory Hickson, Frank Pace, Mayor Peter Voros, Robert Widdifield and Joseph Lindmeier.

          Alternate members present were: Robert Ternay and Dennis Rambone.

          Members absent were:  Charles Hughes, Donald Garrison, Linda DuBois, Sheila Benson, and Kevin Foster. 

     Planning Board Solicitor William L. Horner, Planning Board Engineer Mark Brunermer and Secretary Nancy Huster were also present.

DESIGNATE ALTERNATES TO VOTE

          Due to the absence of regular members, alternate members Robert Ternay and Dennis Rambone were designated to vote.

MINUTES

9/6/05 (forthcoming)

ESCROW FEE DETERMINATION

MARY AND EDWARD GAMBLE – MINOR SUBDIVISION (LOT LINE ADJUSTMENT/BULK VARIANCE) – BLOCK 601, LOTS 8.01 & 8.02 – CURRENT BALANCE: $29.25

 

On a motion by Robert Ternay and seconded by Joseph Lindmeier the escrow feeì¥Á5@         

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+J­X­X-&ÿÿÿÿÿÿˆ<[1]<[1]<[1]<[1]<[1]<[1]<[1]P[1]8888pD´$P[1]ã‑:äää a motion by Joseph Lindmeiääb‑[1]d‑d‑d‑d‑d‑d‑$ R[1]o"vˆ‑<[1]\ää\\ˆ‑ounced that the order of the applications to be heard tonight is changed due to copies to be distributed to the board members.

MINOR SUBDIVISION/LOT LINE ADJUSTMENT/BULK VARIANCE – ANTHONY LARRO – BLOCK 2202, LOTS 3 & 4 – ATTORNEY: EDGAR HATHAWAY

          Planning Board member Frank Pace stepped down from the board.

          Edgar Hathaway attorney for the applicant Anthony Larro was present. Also present for the application was Ms. Paula Freed who testified she is a business partner of Mr. Larro. She will do most of the testifying because Mr. Larro has some difficulty hearing.

          The applicant plans to construct a modular home from MSI for the buyer Jessica Tucker.

          Mr. Larro testified he has been in the business of selling modulars for about ten years.

          Board Solicitor, William Horner described the history of the conveyance of the properties and was concerned with the legal easement and access to the two lots with no road frontage. “The language should be clear about the intensions of the easement”.

        Mr. Horner noted the variances required for the application because of frontage non-conformity.

 

          The Chairman questioned Mr. Hathaway about the board’s request, made during the completeness hearing, for information on the easement.

 

          Mr. Hathaway responded that he spoke with Mr. Burke from the Title Company and will be meeting with him on Thursday with search information showing adequate access.

          Some Planning Board members felt that the easement needs to be better defined. Their concern regards the question of whether or not the easement could go back to lot 13, which is a very large lot.

          The Chairman opened the application to the public for comments and/or questions.

          Frank Pace, resident on 72 Shiff Avenue stated that a prior subdivision resolution approved in 1993 described the house and the second lot. “The original lots subdivided were agricultural and waivers were granted from the agricultural buffer requirement for the existing house.”

 

Mr. Pace also noted that the right-of-way and deed restriction was supposed to be listed in the 1993 deed along with the existing right-of-way.

         He sees no hardship, feels that the board does not as precedence, approve “flag lots”, is concerned with sufficient access for emergency vehicles and is of the opinion that the property is not a standard buildable piece of property and should remain agricultural.

        Kimberly Wargo stated she enjoys the quiet, residential neighborhood and if the Township allows houses to be constructed behind the existing homes, the hardship would be on the current residents.

        Herb Wegner, Chairman of the Environmental Commission noted the 14’ change in elevation of the 1,200’ driveway and is concerned with drainage and also emergency vehicles.

 

          It is his opinion that a “flag lot” is a flagrant violation of what the zoning ordinances permit.

          Marie Pace stated she disagrees with the applicant’s comments that the property is not desirable farmland and testified that the six acre parcel has been farmed and can continue to be farmed.

          Gerald Nichols stated he moved to 139 Shiff Avenue ten years ago and does not want to lose open space.

          Planning Board Engineer, Mark Brunermer noted that the Fire Marshall, Charles Hughes should address issues regarding fire safety.

          Mr. Horner explained that selling a proposed lot which has not been subdivided is not permitted.

 

A motion was made by Pete Voros and seconded by Robert Widdifield to deny the application and variances requested.

 

Mr. Hathaway requested that the board deny the application “without prejudice”.

 

The board disagrees and was not acceptable to the request. The motion will remain to deny the application “with prejudice”.

 

Roll Call Vote:  All were in favor.

(Note: Frank Pace did not vote on this application)

MARY AND EDWARD GAMBLE – MINOR SUBDIVISION (LOT LINE ADJUSTMENT) – BLOCK 601, LOTS 8.01 & 8.02 – PUBLIC HEARING

          Mr. Horner noted that proper public notice was completed.

 

Mr. and Mrs. Gamble were present with no other representatives. They noted their intention to make a minor adjustment to the lot line.

 

          Robert Widdifield asked if a variance was approved for the existing non-conforming lots, would that grant permission to build larger homes.

 

          Mr. Horner agreed that may be a possibility and explained the variance procedure is required by the Municipal Land Use Law for all zoning non-conformities.

 

          There were no questions and or comments from the public.

 

          On a motion by Robert Ternay and seconded by Dennis Rambone the application for the lot line adjustment was approved.

 

          Deeds are required for the adjusted lots.

 

          Roll Call Vote: All were in favor.

 

FIVE MINUTE RECESS

 

          On a motion by Frank Pace and seconded by Joseph Lindmeier the board will adjourn for a five minute recess.

 

          On a motion by Robert Widdifield and seconded by Frank Pace the board resumed its’ meeting.

 

RESOLUTIONS

NO BUSINESS

OTHER BUSINESS

COMMITTEES

ENVIRONMENTAL COMMISSION

ECONOMIC DEVELOPMENT COMMITTEE

SHADE TREE ADVISORY COMMITTEE

LAND DEVELOPMENT CODE

STORMWATER MANAGEMENT ORDINANCES

CURRENT STATUS: DRAFT PREPARED BY WILLIAM HORNER AND MARK BRUNERMER TO BE REVIEWED BY ORDINANCE REVIEW COMMITTEE REVIEW

(Ordinance to be forwarded to Township Administrator by December 2005).

ORDINANCE REVIEW COMMITTEE IS SCHEDULED TO MEET 10/4/05 AT 6:00 PM

          The Ordinance Review Committee met at 6:00 pm and worked on the Storm Water Management Ordinances. They noted that their preliminary work was complete and Mr. Horner will prepare the Stormwater Management Ordinances.

          The Planning Board members discussed the Cluster Ordinance and some possible revisions.

 

          It was noted that comments were received from the Environmental Commission and Township Planner, Sally Birdsall.

 

The Ordinance Review Committee will meet again on October 19, 2005, 6:00 pm.

          Their agenda will include the proposed modification to Cluster Ordinance 60-97 and the Conflict of Definition of Building Height as noted in a Memorandum from the Zoning Official, Robert Berducci. The Board requests that the Construction Official, Jim Grasso attend the Ordinance Review meeting.

 

ADOPT A ROAD PROGRAM – MCKISHEN ROAD – LAST CLEANING WAS 8/7/05

 

          The board discussed the adopt-a-road program. A date will be set at a future meeting.

 

ENVIRONMENTAL COMMISSION

 

          Herb Wegner, Chairman of the Environmental Commission spoke to the board about the preserved “Greenberg” property and the adjoining “Lanning” property.

 

          He informed the board that Green Acres thought they bought 200’ frontage on Almond Road. However, the actual frontage, once they completed the survey, was 62’.

 

          Green Acres wanted to purchase the adjoining Lanning property of 150’ frontage.

 

          Mr. Wegner commented he listened to the tape of the Planning Board meeting of July 2004 whereas Mr. Lanning appeared before the board requesting a bulk variance to construct a home.

 

          Mr. Wegner said that Mr. Lanning testified “he was in the process of buying two lots to combine in order to create a building lot, whereas he did not currently own the property.

 

          It was Mr. Wegner’s opinion that the board should not have granted the variance.

 

          Mr. Brunermer commented that the board had an application for a large development next door to the Lanning property.

 

          Mr. Wegner stated the Environmental Commission needs one set of plans from each application.

 

          He informed the board that every house built adds a ten thousand dollar burden.

 

          It was requested by Mr. Wegner that the board does not grant variances to construct homes on non-conforming lots.

 

          Robert Widdifield requested that the Environmental Commission investigate designating Rainbow Lake as Category 1. 

         

EXECUTIVE SESSION (IF REQUIRED)

 

          No Business

 

ADJOURNMENT

 

          On a motion by Frank Pace and seconded by Robert Ternay the meeting was adjourned. All were in favor.

 

 

____________________________

Nancy L. Huster

Land Use Administrator