| MINUTES
OF THE HARDYSTON TOWNSHIP PLANNING BOARD MEETING HELD JANUARY
27, 2000
STATEMENT
OF COMPLIANCE: Pursuant to the Open Public Meetings Act,
Chapter 231, P.L. 1975 adequate notice as defined in Section
3D of Chapter 231 P.L. 1975 has been made to the New Jersey
Herald and is also posted on the bulletin board at the Hardyston
Township Municipal Building.
ROLL
CALL:
Ken Worflar
- Present
Leslie Hamilton - Present
Maribeth Boffa - Present
Randy Roof - Present
William Castiglione - Present
Thomas Zygmunt - Present
Robert Neubig - Present
John Eskilson - Present
Greg Eisenecker - Present
Ed Frisbie - Present
The agenda
was amended to discuss ordinance issues first.
MINUTES:
The minutes of the November 30, 1999 workshop meeting
were reviewed. A motion was made by Hamilton and seconded
by Eisenecker to approve the minutes. All were in favor. Motion
was carried.
The minutes
of the November 30, 1999 regular meeting were reviewed and
a motion was made by Ms. Hamilton and seconded by Mr. Eisenecker
to approve the minutes. All were in favor. Motion was carried.
The minutes
of the December 16, 1999 regular meeting were reviewed. A
motion was made by Ms. Hamilton and seconded by Mr. Eisenecker
to approve the minutes. All were in favor. Motion was carried.
DISCUSSION:
COAH Fair
Share Plan: Janice gave the Board information related to the
issue of who would be assessed developer's fees. The Board
discussed whether or not they wished to have commercial development
included in the ordinance.
After
discussion it was agreed that Janice will do a calculation
using ¼ percent for commercial and ½ percent
for residential and ½ percent for residential and 1
percent for commercial and do a projection for six years to
see which would be appropriate for the established needs for
the municipalities required three units. Janice would return
to the February meeting with that information so that the
Board could finalize their position on the matter and schedule
the public hearing.
Janice
advised the Board of the recommendations that were made via
her memo regarding conference centers. The Board agreed with
the recommendation. A motion was made by Mr. Neubig and seconded
by Mr. Eisenecker to recommend the ordinance change to the
Council.
RESOLUTIONS:
Estate
of Francis DePaolo - PB-9-99-1: The resolution was reviewed.
A motion was made by Ms. Hamilton and seconded by Mrs. Boffa
to adopt the resolution. All were in favor. Motion was carried.
Storage
Solutions - PB-9-99-2: The resolution was reviewed by the
Board Mr. Guerin noted that the entrances have been relocated
to the other side of the building so he asked that the condition
#3 be amended to state that an amended plan that addresses
the access concerns of the engineer be submitted, rather than
that they provide the vehicular access. He noted that the
applicant had met with him and feels that the appropriate
changes will be made to the map. Motion was made by Ms. Hamilton
and seconded by Mr. Kievit to adopt the resolution. All were
in favor. Motion was carried.
Sussex
National Development Corporation - PB-11-99-1: The resolution
was reviewed by the Board. A motion was made by Ms. Hamilton
and seconded by Mrs Boffa to adopt the resolution. Roll Call:
Hamilton, yes; Boffa, yes; Roof, yes; Zygmunt, yes; Eisenecker,
yes; Frisbie, yes. Motion was carried.
APPLICATIONS:
Sussex
Cellular - Block 20, Lot 30 - PB-10-99-3: Michael Gaus, Esq.,
was present to represent the application. Roy Benjamin and
John Lehman were sworn in.
Mr. Lehman
came forward to give testimony regarding the application.
He noted that they would be co-locating on the existing tower.
The existing tower is 224 feet high and these antenna will
be at the 134 foot level. While the tower is visible, he did
not believe that the 1 ½" arms generated from
this approval could be visually seen. He noted that they would
have to go up to the towers about twice a year for maintenance.
Mr. Guerin
noted that the applicant did request a number of waivers relative
to metes and bounds and dimensions and setbacks for the property
lines, circulation plan, landscaping and EIS. He noted that
the entire area of the property is in excess of 1000 acres.
He noted that there would be minimal use and the circulation
plan would not be necessary. He further noted that the area
were they are located is substantially wooded. He felt that
the existing towers are already there and did not feel that
the EIS was necessary. He further noted that the applicant
did not survey the entire tract as per the checklist, however,
due to the size of the property , he did not think it was
necessary. Likewise, the depiction of the driveway, which
is over ½ mile long would be excessive. He also noted
that they did not depict contours for the entire site, but
did not feel it was necessary to require it.
The engineer
was asked to address Mr. Guerin's comments #5 and #6. Mr.
Lehman noted that because of the remote location of the tower,
he did not feel that additional trees would benefit the area.
Item 6
related to the access easement. Mr. Gaus noted that they checked
with their landlord and they are not aware of any issue that
exists related to the driveway. There is a secondary access
that comes in from another side of the property, which is
located on the property. Mr. Gaus advised the Board of where
that access was located. Mr. Guerin was unaware of that access.
Mr. Gaus confirmed that they are not aware of an easement
on file for the currently used access, however, the driveway
has been used for many years. He noted however that the Board's
approval in no way would claim that the access is legally
required by the adjacent property owner.
The landlord's
lease guarantees the access. Mr. Lehman advised that they
will satisfy the Board engineer and attorney that they have
proper access to the facility.
Mr. Neubig
asked if they are having lights on the shed. They noted that
the lights will be motion detector light.
The meeting
was opened to the public. There was no public comment. A motion
was made by Mr. Neubig to approve the application subject
to the easement being clarified.
The
motion further granted to requested waivers. The motion was
seconded by Mr. Worflar. Mr. Guerin noted that there was not
a problem with granting the landscaping waiver. Roll Call:
Worflar, yes; Hamilton, yes; Boffa, yes; Roof, yes; Castiglione,
yes; Zygmunt, yes; Neubig, yes; Eisenecker, yes; Frisbee,
yes. Motion was carried.
Sprint
Spectrum - Block 20, Lot27.02 - PB-1-00-1: Anthony Suppa,
P.E., gave his qualifications and Danny Dichter, who is a
radio frequency engineer also gave his qualifications. They
were sworn in. Robert A. Gaccione, Esq., was present to represent
the applicant.
Mr. Suppa
gave a brief description of the size of the property and noted
that it is located in the MIDD-2 Zone. He noted that the majority
of the road is gravel and the section nearest Rudetown is
paved. He noted that the site is located on top of a mountain
in an area that is heavily wooded. He gave testimony as to
the location of the existing tower. Sprints antennas will
be locatedat the 188 foot level of the existing tower. He
described the existing fencing and landscaping. He noted that
there is a 6 foot fence with barbed wire around the tower.
The existing parking area consists of small gravel area. The
site is visited for maintenance once a month. He noted that
there would be equipment cabinets. They are weather proof
and are placed on the platform. They do not propose any changes
to the existing parking, access or fencing on the site.
Mr. Guerin's
report noted the areas of the checklist that need waivers.
Mr. Guerin noted that the waivers were appropriate for the
same reasons as sited in the Sussex Cellular application.
The applicant
will comply with Mr. Guerin's comment #4.
With respect
to comment number 5,they confirm that it is switch operated.
Item #6
related to the a landscaping waiver request, which Mr. Guerin
feels is appropriate.
John Fontaine,
property specialist for Sprint was sworn in. He noted that
they have full access from SECTV. An agreement is in the works
for full legal access.
Mr. Suppa
noted that they will agree to enclosing the cabinets so that
they are not available for vandalism.
Bell Atlantic
Mobile is above them at 10 feet above them. Below them are
no panel antennas there are 6 to 12 dish and whip type antennas
however.
The applicant
agrees to provide revised plans to Mr. Guerin relative to
the enclosure of the pads where the equipment would be located.
At the
188 height, the tower is about 15 wide.
There
were no further questions.
The hearing
was opened to the public. There was no public comment. A motion
was made by Mr. Worflar, and second by Mr. Neubig to approve
the application subject to the aforementioned conditionsl.
Roll Call: Worflar, yes; Hamilton, yes; Boffa, yes; Roof,
yes; Castiglione, yes; Zygmunt, yes; Neubig, yes; Eskilson,
yes; Eisenecker, yes. Motion was carried.
CONCEPTUAL
DISCUSSION:
David
Gherlone, Esq., came forward to represent Dominick Cagno and
Gene Hughes relative to a proposed subdivision off of Davis
Road. It was noted that the proposed subdivision
traverses the Franklin and Hardyston municipal boundary line.
He noted that Franklin Borough was concerned with the boulevard
design and would like for it to be eliminated.
The concerns
are raised due to the uniform site standards. They advised
that Franklin has agreed to grant them a diminimus waiver
to remove the boulevard and they sought relief from the Hardyston
Board. Mr. Guerin had spoken with Mr. Collins relative to
the issue and Mr. Collins had concerns that the issue may
not be considered diminimus. Mr. Guerin noted that since Mr.
Collins was not available at this meeting and he had such
a strong opinion regarding this issue, the discussion should
wait until Mr. Collins was present to represent the Board
and advise them on this issue.
In the
meantime, it was suggested that the applicant place funds
in escrow to cover the cost of the Hardyston Planning Board
attorney discussing the matter with the Franklin Planning
Board attorney to determine the best course of the action.
The applicant agreed to do same. The secretary was directed
to contact the two attorneys relative to same.
REQUESTS FOR EXTENSION OF APPROVAL:
The Board
reviewed the request of Barbara Lucas-Dolan relative to Block
74, Lot 22, PB-3-99-1 to extend or reaffirm their minor subdivision
approval and grant an additional 6 months to perfect the subdivision.
A motion was made by Mr. Kievit and seconded by Mr. Eskilson
to grant the additional 6 month extension. All were in favor.
Motion was carried.
DISCUSSION:
Smart
Growth Planning Grant Application and Resolution: Marianne
Smith advised the Board of Hardyston and Franklin's intention
to file an application for Smart Growth Planning Grant funding.
Each of the members had received and reviewed a copy of the
proposed application for funding. After discussion, a motion
was made by Mr. Zygmunt and seconded by Mr. Neubig to adopt
the attached resolution endorsing and supporting the filing
of the application. All were in favor. Motion was carried.
BILLS:
The following
bills were approved for payment by motion was Ms. Hamilton
and second by Mr. Roof. All were in favor. Motion was carried.
Heyer, Gruel & Associates - Planning O&E $352.50
Heyer, Gruel & Associates - Planning O&E $190.00
Weiner Lesniak - Planning O&E $630.00
Vogel, Chait, Schwartz & Collins - Planning O&E $275.00
Guerin Engineering - Planning O&E $382.50
Guerin Engineering - Ganz - PB-12-98-2 $212.50
Vogel, Chait, Schwartz & Collins - Ganz - PB-12-98-2 $
62.50
Guerin Engineering - Ganz - PB-12-98-2 $170.00
Vogel, Chait, Schwartz & Collins - Ganz - PB-12-98-2 $
50.00
Guerin Engineering - Crystal Springs MCS-01 $1395.00
Guerin Engineering - Crystal Springs MCS-01 $1185.00
Heyer, Gruel & Associates - Sussex Nat. PB-11-99-1 $332.50
Guerin Engineering - Sussex Nat. PB-11-99-1 $1785.00
Vogel, Chait, Schwartz & Collins - Sussex Nat. PB-11-99-1
$1562.50
Vogel, Chait, Schwartz & Collins - Storage Solutions PB-10-99-1
$250.00
Guerin Engineering - Storage Solutions PB-10-99-1 $595.00
Vogel,
Chait, Schwartz & Collins - DePaolo PB-9-99-1 $ 37.50
Guerin Engineering - Walden PB#20 $1277.50
Vogel, Chait, Schwartz & Collins - Hughes PB-4-99-3 $
25.00
Weiner Lesniak - Sprint Spectrum PB-9-99-3 $224.00
Guerin Engineering - Stonehedge PB-10-98-1 $382.50
Guerin Engineering - Stonehedge PB-10-98-1 $377.50
Guerin Engineering - Stonehedge Pb-10-98-1 $835.00
Guerin Engineering - RSA Homes - PB-10-98-2 $520.00
Guerin Engineering - RSA Homes PB-10-98-2 $557.50
Vogel, Chait, Schwartz & Collins - RSA Homes PB-10-98-2
$250.00
Vogel, Chait, Schwartz & Collins - Biscak - PB-6-99-2
$ 62.50
Guerin Engineering - Biscak - PB-6-99-2 $170.00
Vogel, Chait, Schwartz & Collins - Ganz PB-12-98-2 $ 25.00
It was
further noted that the Finance Committee consisting of Mrs.
Boffa, Mr. Eisenecker and Mr. Roof will meet 15 minutes prior
to meeting to review the bills. Every three months the Committee
will meet ½ hour before the meeting with the secretary
to review escrow accounts.
ADJOURNMENT:
Having
no further business, a motion was made to adjourn the meeting
by Mr. Neubig and seconded by Mr. Eskilson. All were in favor.
Motion was carried. Meeting was adjourned.
Minutes
prepared by:
Marianne Smith
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