| MINUTES
OF THE HARDYSTON TOWNSHIP PLANNING BOARD MEETING HELD JUNE 22,
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 - Excused
Randy Roof - Present
William Castiglione - Excused
Thomas Zygmunt - Present
Robert Neubig - Present
John Eskilson - Present
Greg Eisenecker - Present
Ed Frisbie - Present
APPROVAL
OF MINUTES:
A motion
was made by Mr. Neubig and seconded by Mr. Eisenecker to approve
the minutes of the April 27, 2000 meeting. All were in favor.
Motion was carried.
A motion
was made by Mr. Worflar and seconded by Mr. Neubig to approve
the minutes of the May 25, 2000 meeting. All were in favor.
Motion was carried.
APPLICATIONS:
Patrick
Barrett - Block 16, Lot 3.02 - PB-5-00-2: Patrick Barrett
was sworn in. He explained the need for a modification of
his site plan to facilitate the relocation of his driveway.
Mr. Guerin gave comments relative to his report and Mr. Barrett
agreed that he would comply with Mr. Guerin's recommendations
within his report.
The application
was opened to the public. There was no public comment.
A motion
was made by Mr. Eskilson and seconded by Ms. Hamilton to approve
the application subject to compliance with Mr. Guerin's report.
Rol l Call: Worflar, yes; Hamilton, yes; Roof, yes; Zygmunt,
yes; Neubig, yes; Eskilson, yes; Eisenecker, yes; Frisbee,
yes; Zinck, yes. Motion was carried.
Igor Kapchenko
- Block 62, Lot 6 - PB-6-00-1: Igor Kapchenko, Tatiana Kapchenko
and Scott Lyon were sworn in. Mr. Lyon gave his qualification.
The Board accepted Mr. Lyon's qualifications.
Mr. Nelson
asked what the current location of their business was. Mr.
Kapchenko gave information relative to their business. He
advised that they plan to have 13 to 15 employees maximum.
Mr. Nelson asked what type of traffic will be generated by
drop off and pick up. He advised that transportation of products
will be through Fed Ex and UPS. The only time that a large
truck will be used would be to deliver equipment initially
to set-up their operation.
Mr. Kapchenko
gave information relative to the fact that there would be
no pollution or waste material produced through their process.
Mr. Neubig
asked what the hours of operation would be. He advised that
the first shift will be from 8-4 second will be from 4-8 and
will operate from Monday through Friday.
Mr.
Nelson asked for Mr. Lyon to give information relative to
the plan which he prepared for the project. He stated that
it was a 12,000 square foot building as per the applicant's
needs. He advised that parking will be in front and an entrance
for dropping off of the materials will be in the rear. There
will be one driveway coming in and out and parking in the
front for employees and parking in the back for deliveries.
Mr. Lyon
reviewed Mr. Guerin's report dated June 15, 2000. He advised
that the applicant will comply with Item 1.
He noted
that while they are proposing 20 spaces, 30 would be required.
They are asking for a design waiver since they have sufficient
space for additional parking if it is needed in the future.
Mr. Guerin asked that they do the grading in that area so
that the area is ready for additional parking, should the
need arise.
Number
4 relates to wetlands. Mr. Lyon advised that a report exists
that shows that there are no wetlands on site and they are
willing to have the approval conditional upon the confirmation
of same. He advised that an LOI was done previously and he
is in the process of obtaining a copy of same.
Number
6, the applicant will comply.
Number
7, the applicant will comply.
Number
8, the applicant will comply.
Number
10, the applicant gave information relative to the fact that
the spots are not loading docks. Ms. Hamilton asked if another
use occupied the building at a future time would it be a problem
. It was suggested that if the use changes, they will need
to come back to the Planning Board, but that there is sufficient
room to create maneuverability.
Number
11, the applicant will comply.
Number
12 related to lighting. Mr. Guerin suggested that the applicant
reduce the wattage on the pole lights and put lights on the
building. The applicant agreed. The applicant agrees to work
with Mr. Guerin to design a plan which is acceptable.
The landscaping
plan was found to be acceptable to the Board Planner.
Mrs. Talley
asked if they would be proposing to have a free standing sign.
Mrs. Kapchenko advised that they do not propose a freestanding
sign, only a sign on the building. They also stated that they
proposed two entrance doors because of their process, there
needs to be two distinct areas.
Number
14 was discussed relative to the trash enclosure area. The
applicant agreed to comply with Mr. Guerin's suggestions and
will also comply with the comments listed in Number 15.
Emma Slate
asked what type of solvents are used to clean. Mr. Kapchenko
advised that their process is a vacuum process and there are
no solvents. He stated that there are no acids, detergents
or solvents. He gave information relative to the fact that
all of the products are environmental friendly. The mixing
of metals would only ruin the purity of the product, but there
is no hazardous by-product. He further advised that there
will be no by-product going into the area. Photos of the vacuum
system were offered for review.
Tom Slate,
Jr., came forward and was sworn in and asked questions.
Ed Frisbie
came forward and was sworn in. He presented information he
obtained from the internet. Mr. Nelson objected to the information
presented due to the fact that they do not know the origin
of the information, nor was Mr. Frisbie testifying from his
own knowledge, nor was he an expert. Mr. Collins stated that
Mr. Frisbie can ask questions of Mr. Kapchenko relative to
the issues, but not reference the documents.
Mr. Kapchenko
stated that highly dispersed powders are different than solids
with respect to flammability. If you disburse flour or sugar
into the area, they can be flammable, however, the solid material
is not flammable.
Chris
Manzie was sworn in. He asked questions related to septic
and sewage.
Mr. Worflar
asked what happens if a well is dug too deep. Mr. Guerin noted
that when a driller goes out and does a test well, he can
get permission from the adjacent property owners to monitor
their wells during the test to see if their wells would be
impacted by the new well.
There
were no further comments from the public. A motion was made
to close the hearing to the public by Mr. Neubig and seconded
by Mr. Roof. All were in favor. Motion was carried.
A motion
was made by Mrs. Hamilton and seconded by Mr. Roof to approve
the application subject to compliance with Mr. Guerin's report.
The motion was up for discussion. Mr. Worflar asked that motion
be modified to be include that based on the well-test conclusions
the applicant could be denied construction approval or that
the approval granted under this motion would be denied.. The
motion was amended by Ms. Hamilton and seconded by Mr. Roof
to include the condition. There was discussion on the motion.
The amendment was withdrawn under counsel's advice, as those
issues were the jurisdiction of the Board of Health on matters
with respect to the septic and well. The discharge of hazardous
materials is not permitted by NJ health laws. The applicant
may have their driller monitor the well which serves eight
families, if the property owners give their consent.
A roll
call vote was taken: Worflar, no; Hamilton, yes; Roof, yes;
Zygmunt, yes; Neubig, yes; Eskilson, yes; Eisenecker, yes;
Frisbee, yes; Zinck, yes.
Crystal
Springs Real Estate Holdings, Inc. - Block 16, Part of Lot
1.03 - PB-4-00-2: Mr. Andrew Mulvihill and Joseph Barbieri,
Esq., were sworn in. Mr. Mulvihill advised that they are planning
to develop a new pod under the Crystal Springs Master Plan.
He gave background on how and why they are moving forward
in proposing the development as submitted with a modification.
He advised
that their original plan called for all condominiums and after
hearing the comments of adjacent homeowners he felt that they
wanted to revise the plans. The people in the Oaks areas objected
to the fact that there was so much higher density housing
near their area. After hearing their comments he is now proposing
a subdivision to allow for 11 patio homes, replacing condos
originally proposed, which will buffer the homeowners.
Mr. Barbieri
advised that the original plan was for 124. The plan now contains
104. The question was whether or not the patio homes would
be part of the Bourne or part of the Oaks. The patios will
be part of a larger neighborhood across the street within
the development of a similar type of homes.
It was
noted that a ridge separates the Tarn and the Bourne. The
Bourne will be set down somewhat from the Tarn.
There
was concern that the design would be in keeping with the Cedars
that were recently built by Crystal Springs.
Item 2
was reviewed and Mr. Barbieri agreed that the applicant will
comply with the comment.
Item 3
was reviewed. Mr. Guerin advised that he would recommend that
the Board grant the requested waiver for grade. He gave information
as to why that would be wise to grant the design waiver.
Item 4
was reviewed. Mr. Guerin advised that the concept is the same
as originally proposed and Mr. Guerin is satisfied.
Item 5
was discussed. Mr. Guerin advised that the way the construction
approval is designed, the applicant can start construction
under this approval and then return to the Board when the
roads are constructed for final approvals.
Mr. Mulvihill
gave testimony again regarding the homeowners associations
to be created under this approval as per item #6.
Other
agency approvals were discussed under item 7 and item 8 was
read into the record.
It was
noted that because the applicant's notice was only for condominiums
originally, the Board should only consider granting approval
upon the condo section of the application and the applicant
will renotice re the patio homes and return at the next meeting.
The hearing
was opened to the public. Mr. John Carrico came forward and
advised that he is on the Board for the general homeowner's
association. He advised that at their last Board meeting there
was almost unanimous agreement within the members that they
would oppose the original plan for the Bourne. He credited
Mr. Mulvihill for incorporating the homeowner's concerns into
his revised plan. He further advised that the Oaks homeowner's
association was willing to have the Tarn houses added to their
homeowner's association.
Jim Vecchio
was sworn in. He wanted clarification from the applicant relative
to the issue of whether or not they are using any more land
with the changes. It was confirmed that no more land was being
used.
Kevin
Ganey was sworn in. He asked who will be the builder of this
section. Mr. Mulvihill advised that it will be Crystal Springs
Builders.
George
Valone was sworn in. He asked questions with respect to the
proposed road.
There
were no further questions of the public. It was closed to
the public.
Mr. Guerin
asked about the Master Plan Update 9, which showed 905 units.
Mr. Mulvihill advised that while they show the reduced number
they would like the flexibility to change it in the future
with the additional units. Mr. Guerin noted his concerns.
The applicant will revise the master plan to reflect how the
total actual number relates to the overall approved number
noting that the clubhouse/conference center area will be used
for either x number of housing units or the clubhouse/conference
center.
A motion
was made by Mr. Neubig and seconded by Mr. Worflar to grant
approval upon the condominium section of the project subject
to the compliance with Mr. Guerin's report. All were in favor.
Motion was carried.
Mr. Murphy
asked the Board to take a moment to discuss further scheduling.
Mr. Guerin noted that he had spoken with Mr. Lehman who advised
that maps would be submitted in relation to the Crystal Springs
II Master Plan in July And that they would be prepared to
move forward at the August Planning Board meeting.
It was
noted that the Council had adopted at first reading the developer's
fee ordinance related to COAH obligations. A motion was made
by Mr. Neubig and seconded by Mr. Roof finding the ordinance
to be consistent with the Master Plan and the land use element
of the Master Plan. All were in favor. Motion was carried.
It was
further noted that the Council had recently adopted at first
reading an ordinance which amended the conditions relative
to the conditional institution use section of the ordinance.
The Board reviewed same. A motion was made by Mr. Neubig and
seconded by Mr. Worflar finding that the ordinance was consistent
with the Master Plan and the land use element of the Master
Plan. All were in favor. Motion was carried.
Bills:
A motion
was made by Mr. Roof to pay the bills, which was seconded
by Mr. Eisenecker. All were in favor. Motion was carried.
RESOLUTIONS:
Hardyston
Township First Aid Squad - Block 36, Lots 44.04 and 44.02
- PB-5-00-1 The Board reviewed the resolution. A motion was
made by Mr. Neubig and seconded by Mr. Eisenecker to adopt
the resolution. All were in favor. Motion was carried.
Sussex
National Development Corporation - Crystal Springs II Golf
Course ApplicationAmendment to Address Access Road from Route
94 - PB-11-99-1: The Board reviewed the resolution. A motion
was made by Mr. Neubig and seconded by Mr. Worflar to adopt
the resolution. All were in favor. Motion was carried.
ADJOURNMENT:
Having
no further business, a motion was made by Ms. Hamilton and
seconded by Mr. Neubig to adjourn the meeting. All were in
favor. Motion was carried. Meeting was adjourned.
Minutes
prepared by:
Marianne
Smith
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