TOWNSHIP OF FRANKLIN

PLANNING BOARD

COUNTY OF SOMERSET, NEW JERSEY

REGULAR MEETING

September 6, 2006

The regular meeting of the Township of Franklin Planning Board was held at 475 DeMott Lane, Somerset, New Jersey and was called to order at 7:46 p.m. by Vice Chairman Thomas. The Sunshine Law was read and the Pledge of Allegiance said. The roll was called as follows:

_____________________________________________________________________________

PRESENT: Robert Mettler, Rozalyn Sherman (departed at 10:00 p.m.), Robert Thomas, Terry Wesley, Marvin Coble, Daniel Glicklich and Theodore Chase (arrived at 8:15 p.m.)

ABSENT: Frank Hasner, Alex Mansaray, Michael Orsini and Councilwoman Ellen Ritchie

ALSO PRESENT: Karl Kemm, Board Attorney; Mark Healey, Professional Planner, Vincent Dominach, Senior Zoning Officer, Olga Burke, Administrative Officer and Diane Milgram, Recording Secretary

MINUTES

· Regular Meeting – July 19, 2006

Mr. Mettler made a motion to approve the minutes as submitted. Mr. Coble seconded the motion. All members were in favor. The roll was called as follows:

FOR: Mr. Mettler, Ms. Sherman, Mr. Thomas, Mr. Wesley, Mr. Coble and Mr. Glicklich

AGAINST: None

· Regular Meeting – August 2, 2006

Mr. Mettler made a motion to approve the minutes as submitted. Mr. Coble seconded the motion. All members were in favor. The roll was called as follows:

FOR: Mr. Mettler, Ms. Sherman, Mr. Thomas and Mr. Wesley

AGAINST: None

RESOLUTIONS

· Docket #PLN 2004-0076 / Miguel & Maritza Ramirez – Minor Subdivision w/Variances

Ms. Sherman made a motion to approve the Resolution as submitted. Mr. Coble seconded the motion. The roll was called as follows:

FOR: Mr. Mettler, Ms. Sherman, Mr. Thomas and Mr. Coble

AGAINST: None

· Docket # PLN 2006-0014 / Turtle Brook Realty, LLC – Site Plan

Mr. Mettler made a motion to approve the Resolution as submitted. Ms. Sherman seconded the motion. The roll was called as follows:

FOR: Mr. Mettler, Ms. Sherman, Mr. Thomas, Mr. Coble and Mr. Glicklich

AGAINST: None

Docket # PLN 2006-0032 / Canal Walk Associates, LLC – Relief of Condition

Ms. Sherman made a motion to approve the Resolution as submitted. Mr. Wesley seconded the motion. The roll was called as follows:

FOR: Mr. Mettler, Ms. Sherman, Mr. Thomas and Mr. Wesley

AGAINST: None

· Docket # PLN 2006-0032 / Canal Walk Associates, LLC –

Preliminary Final Major Subdivision

Mr. Mettler made a motion to approve the Resolution as amended. Mr. Wesley seconded the motion. The roll was called as follows:

FOR: Mr. Mettler, Ms. Sherman, Mr. Thomas and Mr. Wesley

AGAINST: None

· Docket # PLN 2006-0022 / Good Time Charley’s South, Inc. –

Minor Subdivision with Variances

Mr. Mettler made a motion to approve the Resolution as submitted. Mr. Glicklich seconded the motion. The roll was called as follows:

FOR: Mr. Mettler, Ms. Sherman, Mr. Thomas, Mr. Wesley and Mr. Glicklich

AGAINST: None

· Docket # PLN 2006-0028 / Canal Walk Associates, LLC – Site Plan

Ms. Sherman made a motion to approve the Resolution as submitted. Mr. Mettler seconded the motion. The roll was called as follows:

FOR: Mr. Mettler, Ms. Sherman, Mr. Thomas and Mr. Wesley

AGAINST: None

DISCUSSION

Payment of Vouchers

· Karl P. Kemm, Esq., Planning Board Attorney

Hoagland, Longo, Moran Dunst & Doukas, LLP

Ms. Sherman made a motion to approve the voucher as amended. Mr. Mettler seconded the motion. The roll was called as follows:

FOR: Mr. Mettler, Ms. Sherman, Mr. Thomas, Mr. Wesley, Mr. Coble and Mr. Glicklich

AGAINST: None

· Piro, Zinna, Cifelli, Paris & Genitempo – Planning Board Attorney

For services rendered July 1 to July 31, 2006

Ms. Sherman made a motion to approve the voucher as submitted. Mr. Mettler seconded the motion. The roll was called as follows:

FOR: Mr. Mettler, Ms. Sherman, Mr. Thomas, Mr. Wesley, Mr. Coble and Mr. Glicklich

AGAINST: None

· Heyer, Gruel & Associates – Planning Consultant

For services rendered July 1 to July 31, 2006

Ms. Sherman made a motion to approve the voucher as submitted. Mr. Mettler seconded the motion. The roll was called as follows:

FOR: Mr. Mettler, Ms. Sherman, Mr. Thomas, Mr. Wesley, Mr. Coble and Mr. Glicklich

AGAINST: None

Memorandum

· Ordinance #3627 – Amend Zoning Map & Ordinance #3629 – Banners

August 9, 2006 Memorandum from Ann Marie McCarthy, Township Clerk

Ms. Sherman made a motion to recommend to Council the approval of said Ordinances #3627 and #3629. Mr. Coble seconded the motion. The roll was called as follows:

FOR: Mr. Mettler, Ms. Sherman, Mr. Thomas, Mr. Wesley, Mr. Coble and Mr. Glicklich

AGAINST: None

Letter

· Franklin Retail – Old New Brunswick Road and Elizabeth Avenue

August 22, 2006 letter from Peter U. Lanfrit, Esq.

Mr. Coble recused himself from hearing this matter due to a personal matter.

Mr. Lanfrit appeared before the Board on behalf of the Applicant. He explained that the Applicant has executed a contract to purchase the northeasterly corner of the Old New Brunswick Road and Elizabeth Avenue, which was previously approved for a self-storage facility. It is the intent of the Applicant to abandon the self-storage facility approval and develop the corner as commercial under the Township’s R.O.D. ordinance.

The Planning Board discussed the vacating of a portion of Old New Brunswick Road so that both of these projects proposed by Franklin Retail can be combined as one.

Mr. Glicklich made a motion to recommend to Council the vacating of a portion of Old New Brunswick Road as discussed. Mr. Wesley seconded the motion. The roll was called as follows:

FOR: Mr. Mettler, Ms. Sherman, Mr. Thomas, Mr. Wesley and Mr. Glicklich

AGAINST: None

Report from Minor Subdivision Committee

· Docket #PLN 2006-0006 / Cedar Manor, LLC – Minor Subdivision – No Variances

Ms. Sherman made a motion, on behalf of the Planning Board Subcommittee, to approve this application. Mr. Wesley seconded the motion. The roll was called as follows:

FOR: Mr. Mettler, Ms. Sherman, Mr. Thomas, Mr. Wesley and Mr. Glicklich

AGAINST: None

HEARINGS

Docket # PLN 2006-0020 / A Beverly Built Home

Francis P. Linnus, Esq., 21 Clyde Road, appeared on behalf of the Applicant. The Applicant is seeking an approval for a Preliminary & Final Major Subdivision creating two new residential building lots located on Buell Street, Block 83 Lot 1.03 in the R-20 Residential Zone.

Sherif Aly, P.E., Amertech Engineering, Inc., was sworn in and the Board accepted his qualifications. He explained that the southwest portion of the 43,555 square foot subject site was part of the former United New Jersey Railroad and Canal Co. property. The site is currently vacant and the Applicant proposes to create two lots, one of which (proposed Lot 1.04) will measure 23,363.5 square feet and the other (proposed Lot 1.05) will measure 20,192 square feet. Mr. Aly further described the site and the surrounding area. The proposed subdivision complies with the standards for the R-20 zone. No variances are requested.

As for the staff reports, the Applicant agreed to comply with the requests and comments that were contained in the reports. However, the Applicant requested that they not be obligated to construct a sidewalk or curbing due to the lack of connection. They clarified that they would do minimal grading along the former railroad right of way and would leave the existing trees in this area. The Applicant submitted a copy of a Letter of Interpretation issued by the NJ Department of Protection on July 28, 2006, setting forth that there are no freshwater wetlands on the site.

Exhibit A-1, a layout of the Applicant’s site, was marked into evidence.

Mr. Thomas made a motion to open the meeting to the public. Mr. Mettler seconded the motion. All members were in favor. Individuals who came forward to speak were all sworn in prior to asking their questions or making comments.

Richard Phillips, 23 Den Herder Drive, had several questions which included drainage and the footprint of the proposed dwellings. Mr. Aly explained that Mr. Phillips’ property is on higher ground and that the drainage design of this site would divert runoff away from his property. As for the footprint of the proposed dwelling, Mr. Ally explained that it would conform to the zoning requirements of the site.

Paul Musto, 21 Den Herder Drive, had questions regarding the trees on their adjoining property line and the availability of design plans for the proposed dwellings. Mr. Aly responded that they are planning to save the trees on the common property line and there are no building plans available at this time. However, he noted that the dwellings would meet the lot coverage for impervious coverage.

A motion was made and seconded to close the public portion of the meeting. All members were in favor.

Ms. Sherman made a motion to approve this application as discussed. Mr. Thomas seconded the motion. The roll was called as follows:

FOR: Mr. Mettler, Ms. Sherman, Mr. Thomas, Mr. Wesley, Mr. Glicklich and Chairman Chase

AGAINST: Mr. Coble

· Docket #PLN 2005-0023 / Clinton Barnaby

Mr. Coble recused himself from hearing matter due to a personal matter.

Peter Lanfrit, Esq., 428 Elizabeth Avenue, appeared on behalf of the Applicant. The Applicant is seeking an approval for a Minor Subdivision with Variances to create two lots, one will contain the existing dwelling and the other proposed to contain a new single family dwelling. The property is located at 11 Carmen Street, Block 275 Lots 15 & 16 in the R-10 Residential Zone. This matter is carried from June 7, 2006. The following variances are required:

Lot frontage, lot 15 – 100 feet required, 150 existing, 75 proposed
Lot frontage, lot 16 – 100 feet required, 150 existing, 75 proposed

The following Exhibits were marked into evidence:

A-1, a sheet from the submitted plans

A-2, a series of photographs of the site and surrounding area

A-3, a photograph of the site’s frontage

Clinton Barnaby, the Applicant and John Shultis, P.E. & P.P. were both sworn in. Mr. Shultis described his professional background and the Board accepted his qualifications.

The Applicant revised his plans by removing a shed on lot 16 and eliminated a proposed garage on lot 15 thus eliminating previously requested variances.

Mr. Lanfrit represented to the Board that they would comply with the staff reports but asked for a waiver to construct a sidewalk or curbing as this would not be in character to the neighborhood. Mr. Lanfrit explained that there is an existing well on the site which the Applicant plans to cap and tie into the public water system. The Applicant represented that they are planning to remove the walls on the sides of the existing driveway.

Mr. Barnaby has owned the property for approximately 12 years and lives there with his wife and children. He stated that he is planning to construct a new dwelling for himself and his family while the existing dwelling would be occupied by his daughter.

Mr. Shultis described the subject property and the variances they are seeking. The proposed dwelling would be a two story bi-level. The two lots would be 12,343.5 square feet and conform to the lot area for this zone. Mr. Shultis described the lots and dwellings in the neighborhood.

Mr. Shultis explained that the proposal supports the spirit of the Master Plan which promotes in-fill in residential areas. The proposal is in compliance with lot density. Mr. Shultis stated that it is his opinion that there would be no negative impact if the Board should approve this application.

A motion was made and seconded to open the meeting to the public.

Sharon McNeil, 35 Archer Ave., was sworn in. She asked about the capping of the well and stormwater runoff onto her property. Mr. Lanfrit explained the drainage plan and the process of capping the well.

A motion was made and seconded to close the meeting to the public.

Mr. Wesley made a motion to approve this application as discussed. Ms. Sherman seconded the motion. The roll was called as follows:

FOR: Mr. Mettler, Ms. Sherman, Mr. Thomas, Mr. Wesley, Mr. Glicklich and Chairman Chase

AGAINST: None

· Docket # PLN 2006-0004 / Pelham J. Stewart

Glen Dwyer, Esq., appeared on behalf of the Applicant. The Applicant is seeking an approval for Site Plan with variances to demolish an existing structure and construct a single story commercial building for the sale of audio and video equipment located at 3063-3083 Route #27, Block 34.01 Lot 33.01 in the NBH Neighborhood Business – Historic District Overlay Zone. The following variances are required:

Parking – 41 minimum, 26 proposed, 8 bank
Sign setback – 20 feet minimum, 8 feet proposed

The following Exhibits were marked into evidence:

A-1, a color rendering of the proposed building

A-2, a revised color rendering with consideration given to the historical area

A-3, a colorized sheet from the submitted plans

A-4, a colorized landscaping plan

A-5, a report from the NJ Department of Environmental Protection

Pelham J. Stewart, owner of the site, Tom Gale, Chairman of the Historic Commission, William J. Doran, Architecture and Frank Antisell, P.E. & P.P., were sworn in. Mr. Doran and Mr. Antisell described their professional background and the Board accepted their qualifications.

It was explained that the Applicant wants to demolish the existing structure and construct a 6,270 square foot single story building. The main entrance will be in front of the building, along Route 27, with a loading space and access door at the rear. Eight parking spaces will be provided in the front, with the remainder in the rear. The access driveway will be located along the easterly side of the property.

Mr. Stewart addressed the Board and explained that he has been a local business owner since 1987. He is also a resident of the Township for over 40 years and would like to continue his business in town. His current location is being renovated and his lease is not available for renewal.

Mr. Stewart has 5 employees, 2 to 3 employees are on site during peak hours (6 p.m. to 8 p.m.) and 1 to 2 employees at off-peak times. During peak hours, he has approximately 2 to 3 customers in the store and approximately 1 to 3 at other times. Mr. Stewart explained that 26 proposed parking spaces for the site is sufficient for his business. The business owns 3 vehicles, 2 vans and a box truck. He is opened 7 days a week, Monday through Saturday 10 a. m. to 9 p. m. and Sundays 12 p. m. to 6 p. m. Most of his supplies arrive on site by FedEx or UPS box trucks. Mr. Stewart explained that he sells video and music CD’s but sales are decreasing and he is focusing on selling and installing home entertainment systems.

Mr. Doran explained the layout of the original proposed building and the architectural design, referring to Exhibit A-1. He then presented a revised architectural plan, Exhibit A-2, which was revised after a meeting with the Historic Commission. It was noted that the Historic Commission denied their support for this application for several reasons including the setback, the rear yard lighting and the commercial design of the structure. Mr. Doran explained the differences between the two designs.

In response to a Board member’s request, it was clarified that the Applicant intends to construct a sidewalk along Route 27 as requested in a staff report.

Mr. Gale came forward and explained that the Applicant resubmitted their design to the Historic Commission which was better received then the original plan However, the Historic Commission took no formal action because not all members were in attendance. There was a discussion regarding the Historic Commission reviewing the design plans and forwarding a favorable recommendation to the Board. Mr. Gale stated that the Commission has made their recommendation to deny this application. An agreement was made that the Applicant would seek a favorable recommendation from the Historic Commission.

Mr. Antisell, referring to Exhibit A-3, described the proposed layout of the site and the surrounding area. He stated that the use is permitted and in his opinion, furthers the intent of the Master Plan. Mr. Antisell explained that in order to construct the requested hedgerow and sidewalk along Route 27 they would need to remove the five exiting trees. Two of the five trees are planned to be removed during the construction of the site and the other three would probably die shortly thereafter, according to Mr. Antisell. Mr. Antisell explained that the trees should be removed to eliminate a visibility hazard from entering and exiting the site.

Mr. Antisell reviewed CME’s report dated June 23, 2006. He explained that the driveway entrance was designed to widen the distance between Chauncey’s foundation and their driveway. The Applicant explained that the 4 foot wide sidewalk would be sufficient because of the low usage instead of the requested 6 feet sidewalk. The Applicant agreed to provide the 3 feet in height hedgerow but not the shade trees along Route 27. The Applicant agreed to provide one shade tree along the southern property line.

As for the sign setback variance, Mr. Antisell explained that meeting the 20 foot minimum would be too far off the road for visibility purposes.

There was a brief discussion regarding the elimination of several parking spaces along Route 27 in order to bring the building forward towards the highway. The Applicant agreed to land bank an additional 2 parking stalls. However, moving the building forward is unachievable due to restrictions imposed by the adjoining property lines.

As for Mark Healey’s report, dated June 23, 2006, the Applicant explained that they are proposing to use shoe box light fixtures for the parking area. However, if the Board recommends decorative light fixtures, they would comply, noting that these fixtures would create some light spillage. Chairman Chase recommends the shoe box fixtures for the parking area and decorative fixtures on the building consistent with the historic context of the area.

As for the Environmental report, dated June 5, 2006, the Applicant submitted Exhibit A-5. It was represented to the Board that there is no hazardous contamination on the site. A letter was issued by NJDEP stating that no action is required and the Applicant will submit this letter to the Board.

A motion was made and seconded to open the meeting to the public.

Mr. Gale came forward and explained that this use for this site is not suitable based on the number of parking spaces, the size of the building and the design was not in character to a neighborhood business.

John Walker, 63 Claremont Road, was sworn in and had many questions regarding the site’s ground water and the validation from NJDEP that the site it is not contaminated. He requested that the Board follow through with requiring additional testing and monitoring from the DEP. Mr. Kemm explained the Applicant’s obligation, the requirements for closing the well and the continuation of monitoring the site. It was noted that a 1996 a report was issued stating that the site was cleaned from the existing hazardous waste. Mr. Walker asked that this matter be postponed until another application is heard which is in close proximity. He suggested that the two applications combine their stormwater detention basin and explained several drainage issues in the area.

The Applicant explained that they have over designed their underground recharge system to the satisfaction of the Township’s engineering.

The Applicant agreed to have the parking area lights turned off one half hour after closing except for security lights.

Keith Stenslend, 27 and 23 Pleasant Plains Road, was sworn in. He addressed his pleasure that the Applicant was providing sidewalks for this project and wished the Applicant success. He requested that the Applicant extend a fence along the rear of the site and keep parking at the front from a business stand point. He also raised concerns about the site having some type of contamination. The Applicant agreed to continue the fence as requested.

Earl Carson, 46 Pleasant Plains Road, was sworn in. He had concerns that there were wetlands on the property and whether the drainage plan proposed would be efficient. Mr. Antisell explained how the grading will correct the current drainage issue that was raised.

A motion was made and seconded to close the public portion of the meeting.

Mr. Dwyer made his closing statement and asked the Board to approve to this application.

There was a brief discussion regarding the signage for the site. Since the Applicant did not present an actual signage plan, it was decided that the Applicant would make another application before the Board at a later date.

There was a brief discussion regarding the number of parking spaces for the site and future tenant’s requirements. Mr. Kemm made a suggestion that the Resolution would clarify that this site would be limited to same or similar retail use to accommodate the 34 parking spaces instead of the required minimum of 41 spaces.

Mr. Thomas made a motion to approve this application as discussed. Mr. Mettler seconded the motion. The roll was called as follows:

FOR: Mr. Mettler, Mr. Thomas, Mr. Wesley, Mr. Coble, Mr. Glicklich and Chairman Chase

AGAINST: None

· Docket # PLN 2006-0030 / Summerfields at Franklin, LLC

This application for Preliminary Major Subdivision and Site Plan for the proposed development consisting of residential units, a commercial component, clubhouse and recreational amenities such as a pool, tennis courts, etc. located at the intersection of Schoolhouse Road, Randolph Road and Weston Canal Road, Block 516 Lots 4.01, 6.04 and 15 in the Planned Adult Community Zone (PAC) was carried to September 20, 2006. No further notification is required.

· Docket # PLN 2006-0026 / Cedar Manor, LLC

This application for a Site Plan with variances to construct 136 residential units consisting of townhomes, apartments, a cabana and pool located at Cedar Grove Lane and Pierce Street, Block 468.09 Lots 1 & 20 in the Cluster-Residential Zone (C-R) was carried to September 20, 2006. No further notification is required.

WORK SESSION / NEW BUSINESS

There was no work session or new business discussed.

MEETING ADJOURNED

A motion was made and seconded to adjourn the meeting at 11:25 p.m. All members were in favor.

Respectfully submitted,

_____________________________

Diane Milgram, Recording Secretary

September 21, 2006