TOWNSHIP OF FRANKLIN

TOWNSHIP OF FRANKLIN

PLANNING BOARD

COUNTY OF SOMERSET, NEW JERSEY

REGULAR MEETING

February 15, 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 7:41 p.m. by Vice Chairman Thomas. The Sunshine Law was read and the Pledge of Allegiance said. The roll was called as follows:

_____________________________________________________________________________

PRESENT: Frank Hasner (arrived at 7:49), Alex Mansaray, Robert Mettler, Michael Orsini, Rozalyn Sherman, Robert Thomas and Theodore Chase (arrived at 7:43)

ABSENT: Councilwoman Ritchie, Terry Wesley, Marvin Coble and Daniel Glicklich

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

The meeting was turned over to Chairman Chase upon his arrival.

MINUTES

Work Session Meeting – January 25, 2006

Dr. Orsini made a motion to approve the minutes as amended. Mr. Thomas seconded the motion. The roll was called as follows:

FOR: Mr. Mansaray, Mr. Mettler, Dr. Orsini, Ms. Sherman, Mr. Thomas and Chairman Chase

AGAINST: None

Regular Meeting – February 1, 2006

Dr. Orsini made a motion to approve the minutes as amended. Ms. Sherman seconded the motion. The roll was called as follows:

FOR: Mr. Mansaray, Mr. Mettler, Dr. Orsini, Ms. Sherman, Mr. Thomas and Chairman Chase

AGAINST: None

RESOLUTIONS

Docket #PLN 2003-0053 / Henriques – Minor Subdivision – Extension

Dr. Orsini made a motion to approve the Resolution as submitted. Mr. Mansaray seconded the motion. The roll was called as follows:

FOR: Mr. Hasner, Mr. Mettler, Dr. Orsini, Ms. Sherman, Mr. Thomas and Chairman Chase

AGAINST: None

Docket #PLN 2005-0051 / SEMA, LLC – Minor Subdivision with Variances

Dr. Orsini made a motion to approve the Resolution as submitted. Mr. Mansaray seconded the motion. The roll was called as follows:

FOR: Mr. Hasner, Mr. Mettler, Dr. Orsini, Ms. Sherman, Mr. Thomas and Chairman Chase

AGAINST: None

Docket #PLN 2005-0061 / Mark and Diane Calafiore – Minor Subdivision with Variances

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

FOR: Mr. Hasner, Mr. Mettler, Ms. Sherman and Chairman Chase

AGAINST: None

Building Livable Communities Grant

Dr. Orsini made a motion to approve the Resolution as submitted. Mr. Hasner seconded the motion. The roll was called as follows:

FOR: Mr. Hasner, Mr. Mansaray, Mr. Mettler, Dr. Orsini, Ms. Sherman, Mr. Thomas and Chairman Chase

AGAINST: None

Professional Service Agreement / Resolution

Angelo Cifelli, Jr. Esq.

Piro, Zinna, Cifelli, Paris & Genitempo

Pristine Properties, Inc. vs. Planning Board

Mr. Hasner made a motion to approve the Service Agreement and Resolution as submitted. Dr. Orsini seconded the motion. The roll was called as follows:

FOR: Mr. Hasner, Mr. Mansaray, Mr. Mettler, Dr. Orsini, Ms. Sherman, Mr. Thomas and Chairman Chase

AGAINST: None

Professional Service Agreement / Resolution

Karl P. Kemm, Esq.

Hoagland, Longo, Moran, Dunst & Doukas, LLP

Kings Row Homes, LLC vs. Franklin Township Planning Board

Dr. Orsini made a motion to approve the Service Agreement and Resolution as submitted. Ms. Sherman seconded the motion. The roll was called as follows:

FOR: Mr. Hasner, Mr. Mansaray, Mr. Mettler, Dr. Orsini, Ms. Sherman, Mr. Thomas and Chairman Chase

AGAINST: None

DISCUSSION

Payment of Vouchers –

Karl P. Kemm, Esq., Planning Board Attorney

Hoagland, Longo, Moran Dunst & Doukas, LLP

For services rendered through January 31, 2006

Dr. Orsini made a motion to approve the voucher as submitted. Mr. Mansaray seconded the motion. The roll was called as follows:

FOR: Mr. Hasner, Mr. Mansaray, Mr. Mettler, Dr. Orsini, Ms. Sherman, Mr. Thomas and Chairman Chase

AGAINST: None

Extension of Approval –

Docket #PLN 2001-0038 – Muslim Foundation, Inc. Site Plan

W. Lane Miller, Esq., appeared on behalf of the Applicant. The Applicant is seeking their third and final one year extension of the approval granted through and including January 9, 2007.

The Applicant has submitted an amended site plan application. The amendment will reflect a reduction in the mosque size and will retain the existing single family dwelling. The dwelling will be used by the religious leader. Mr. Miller stated that the Applicant will not be coming before the Board of Adjustments to seek a temporary use permit for other uses of the house.

Dr. Orsini made a motion to approve the extension of time for one year. Mr. Hasner seconded the motion. The roll was called as follows:

FOR: Mr. Hasner, Mr. Mansaray, Mr. Mettler, Dr. Orsini, Ms. Sherman, Mr. Thomas and Chairman Chase

AGAINST: None

Report from Minor Subdivision Committee –

Maple Town Associates, LLC – Minor Subdivision with no Variance

Ms. Sherman reported to the Board, on behalf of the subcommittee, their recommendation to approve the Minor Subdivision for the property located at 4451 and 4447 Route 27 in a NBH Zone, Block 5.02 Lots 119.01 and 119.02 consisting of 4.08 acres. She stated that the Applicant agreed to comply with all staff comments and with the comments of the Minor Subdivision Committee. The Applicant was represented by Kenneth Meiser, Esq.

Dale B. Krieger, President of Maple Town Associates, was sworn in. He stated that he is currently finalizing the details with Franklin Township with respect to a preservation easement which would preserve the historical nature of the structure.

Dr. Orsini made a motion to approve the application and the written Resolution. Ms. Sherman seconded the motion. The roll was called as follows:

FOR: Mr. Hasner, Mr. Mansaray, Mr. Mettler, Dr. Orsini, Ms. Sherman, Mr. Thomas and Chairman Chase

AGAINST: None

Memorandum –

Ordinance #3597 – Retail District Overlay

January 25, 2006 Memorandum from Ann Marie McCarthy, Township Clerk

Ms. Sherman made a motion to recommend the approval of Ordinance #3597 as submitted. Dr. Orsini seconded the motion. All members were in favor.

HEARINGS

Docket # PLN 2004-0076 / Miguel & Maritza Ramirez

This application for a Minor Subdivision with variances to create two lots, one which would contain the existing dwelling and the other proposed to contain a two story frame dwelling located 431 Berry Street, Block 291 Lots 9-12 in the R-10 Residential Zone was carried to April 5, 2006. There would be no further notification required.

Docket # PLN 2006-0005 / Franklin Township

This application is seeking an approval for a Minor Subdivision with variances to create two lots located at 170 South Middlebush Road, Block 85 Lot 14.04 in the R-40 Residential Zone.

Franklin Township is purchasing the development rights for the subject property and is acting as the Applicant for the owner. The property is approximately 22.5 acres and 1 acre is being subdivided off, where the residence is located. There is a small portion on the northern end of the property that will be for a future right-of-way and the rest of the area would be preserved through a preservation easement.

The following variances are required for Lot 14.06:

Lot does not front on a road
Frontage – 200 feet minimum, 752 existing, 0 proposed
Side yard (north) – 40 feet minimum, 28.83 proposed (porch)
Side yard (east) – 40 feet minimum, 26.01 proposed (porch)

Dr. Orsini made a motion to approve the application and the Resolution as submitted. Ms. Sherman seconded the motion. The roll was called as follows:

FOR: Mr. Hasner, Mr. Mansaray, Mr. Mettler, Dr. Orsini, Ms. Sherman, Mr. Thomas and Chairman Chase

AGAINST: None

Docket # PLN 2005-0056 / Georgia Lee Banister

Michelle Tullio, Esq., 428 Elizabeth Avenue, appeared on behalf of the Applicant. The Applicant is seeking an approval for a Preliminary and Final Major Subdivision to create a four lot single family subdivision located at Elizabeth Avenue and Cedar Avenue, Block 493.01 Lots 7-19 and 52-67 in the R-10 Residential Zone.

Ms. Tullio explained that the only variances required are for the through lots which are technical in nature. The through lots are being created because the water company will not permit the water line through an easement. The water company wants the property deeded to the property owner. Ms. Tullio represented to the Board that her client had spoken to the Director of Developers Services Manager and was told the procedures that they would accept. Exhibit A-1, a copy of the Standard Terms and Conditions from the water company, was marked into evidence. Ms. Tullio read a passage from the document explaining that the water company’s policy is that they “will not accept easements”.

Paul Fisk, PE, was sworn in and the Board accepted his qualifications. Mr. Fisk explained the overall existing conditions of the property. Mr. Fisk explained that the R-10 district allows one-family dwellings on minimum 10,000 square foot lots. The proposed subdivision is compliant with the requirements of the R-10 district in terms of minimum lot area, lot frontage, yards, etc. However, due to the lot configuration, variances for the creation of “through lots” will be required for proposed lots 7.01, 8.01 and 9.01.

The site is vacant and is approximately 2.23 acres. The tract is located between Elizabeth Avenue and Cedar Avenue. He stated that he has received a Letter of Interpretation from NJDEP delineating the wetlands on the property.

On Elizabeth Avenue, the road is paved and curbed at various widths and on Cedar Avenue the road is paved in front of the property with no curbing or sidewalk. There are no public water lines existing along Elizabeth Avenue but there is an existing sewer line which the Applicant will connect to. Tthere are existing water lines located in Cedar Avenue.

Ms. Tullio and Mr. Fisk reviewed the staff reports. They agreed to comply with the Zoning Officer’s report, dated January 23, 2006 and the Sewerage Authority report, dated January 12, 2006.

As for the Engineering report, dated January 26, 2006, the Applicant will comply with the report except as noted. They asked the Board for their preference whether to install the sidewalk and curbing. The Applicant informed the Board that they received a verbal response from NJDEP that they would be able to construct a utility easement within the wetlands. Mr. Fisk stated that they would be required to restore the area as it exists and would probably use a ditch switch instead of a backhoe for the 3 inch water line.

As proposed, lots 8.01 and 9.01 contain narrow extensions that extend to Elizabeth Avenue to accommodate the connection to the water line in Cedar Avenue. The Board discussed relocating the easement outside of the wetlands but Mr. Fisk explained that New Jersey American Water Company “will not accept easements”.

Mr. Fisk, in response to the staff report, explained that he does not think that the leg from the flag lot 8.01 should be a 20 foot wide utility easement since it is a private line. He suggested that the Board grant a deminimus exception or leave it as reflected on the plans.

Mr. Fisk asked that spot elevations and details for the individual homes be provided at the time of individual building permits.

As for the sidewalk and curbing, the plan currently proposes curbing along the entire frontage on Elizabeth Avenue and a sidewalk along the majority of their frontage up to the extent of the wetlands buffer transitional line intersect. Along Cedar Avenue, they are proposing curbing and sidewalk extension along frontage of lots 7.01 and a portion of 10.01 up to the point of the transition area line on Cedar Avenue. This proposal by the Applicant was previously discussed with staff officials and was decided as the best proposal to preserve the integrity of the wetland buffers and wetlands through these areas.

As for the Fire Prevention report, dated February 10, 2006, the Applicant stated that they would not provide hydrants on Elizabeth Avenue as there is no water line.

As for the Environmental Commission report, the Applicant stated that there would be no need to “replace” the wetlands in another area because they are proposing to completely restore the wetlands that they disturb.

As for the Public Works report dated February 10, 2006, Mr. Fisk acknowledged that drainage is poor as reflected in the amount of wetlands in the area. However, with the proposed grading of the lots, the Applicant is basically restoring the same drainage pattern that the property presently has back to the wetland area itself. Ms. Tullio added that the Applicant’s proposal will not exacerbate or worsen the existing condition. Mr. Fisk explained that they are not permitted to correct any of the drainage patterns that exist in the area due to environmental protection of the wetlands. Mr. Fisk explained that he feels the wetlands can handle the additional runoff after this site is developed. The Board discussed this matter for a period of time.

As for the Planning report dated January 24, 2006, the Applicant can comply with the report. Mr. Fisk agreed as a condition that they would replace the Norway Maples to the Township’s requirements and to use orange construction fencing around tree preservation areas.

The Applicant does not need approval from the D&R Canal Commission and has received a letter confirming this fact dated November 7, 2005. The Somerset County Planning Board report dated October 27, 2005 had no substantial requests for changes or improvements and Somerset Union Soil Conservation approved this application on December 8, 2005.

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

Barry Franzyshen, 305 Cedar Avenue, was sworn in. He came forward and spoke about his concerns with the drainage in the area, the removal of the trees and the proposed sidewalks.

John Chzanowski, 39 Griggs Street, was sworn in. Mr. Chzanowski explained the water problem that exists in the area and how the wetlands are polluted with trash including unwanted tires. He proposed that the Applicant possibly decrease the size of the project and corrected the drainage problem.

Clem Bottone, Somerset, was sworn in. Mr. Bottone presented to the Board area photographs which were marked into evidence. He offered a solution that he designed to correct the drainage issues around the Applicant’s site. He stated his concerns regarding the sidewalk issues, surface water and installing curbs / gutters.

The public portion of the meeting was closed. All members were in favor.

Ms. Tullio stated that her client has basically owned the property since 1974 and that she is not over developing the site. The Applicant is even creating a conservation easement which will be approximately half the site area. Ms. Tullio stated that there is nothing that can be done to correct the community’s problem as it relates to the drainage problems pursuant to the state of New Jersey.

Mr. Fisk and the Board discussed the drainage issue and tried unsuccessfully to find an alternative solution to the drainage issue for this site. As a condition, the Applicant agreed to work with the Township’s Planner to plant additional trees and to clean up the project site.

The Board continued to discuss the drainage issue and whether removing trees to install sidewalks and curbing would improve or exacerbate the drainage issue.

Mr. Hasner made a motion to approve this application with sidewalk and curbing along Elizabeth Avenue, no sidewalks or curbing along Cedar Avenue and all other issues as discussed including planting of additional trees on the residential lots. Mr. Thomas seconded the motion. The roll was called as follows:

FOR: Mr. Hasner, Mr. Mettler, Dr. Orsini, Ms. Sherman, Mr. Thomas and Chairman Chase

AGAINST: Mr. Mansaray

Docket # PLN 2005-0058 / Shiff & Goldman Foods, Inc.

Michelle Tullio, Esq., appeared on behalf of her Applicant. The Applicant is seeking an approval for a Site Plan with variances to construct an addition to an existing warehouse and new parking spaces located at 1400 Hamilton Street, Block 89.03 Lot 3.01 in the M-2 Light Manufacturing Zone. This matter was carried from February 1, 2006.

David Nachman, the owner of Shiff & Goldman Foods, Inc., was sworn in. He has been in business at this location for approximately 13 years. He is proposing to build a 5,744 square foot addition and a 17-space parking lot. The Applicant is required to have 41 spaces and is proposing 58 spaces with 20 of those spaces in “reserve”. The following variances are required:

Parking in front yard – 50 foot minimum, 48.77 existing, 2 proposed
Through lot prohibited – this is an existing condition
Setback – Freestanding sign – 10 foot minimum, sign is proposed to be located approximately 15 feet off the property within Somerset County Right-of-Way.

Mr. Nachman is in the wholesale distribution of foods business throughout the state of New Jersey. His business hours are from 10:00 pm to 6:00 pm the following day. He currently has 17 employees which include drivers, loaders and office workers. Mr. Nachman has 6 single use trucks.

Mr. Nachman explained that he receives approximately 7 deliveries per day. There are some local customers who occasionally pick up items at the site. Mr. Nachman explained that he is proposing parking at the front of the building for safety issues and to present a corporate image for his customers. Mr. Nachman is planning to appear before the Board of Adjustments for a retail use approval.

Hussain Ibrahim, PE, was sworn in and the Board accepted his qualifications. Ms. Tullio and Mr. Ibrahim reviewed the staff reports. As for the Engineering report dated January 9, 2006, the Applicant requested a variance from item #3 requesting the driveway width be increased to 22 feet. Ms. Tullio explained that this is an existing condition and would be a deminimus variance if granted. Mr. Ibrahim explained that the Applicant plans to improve 38 of the 58 required parking spaces, with an area in the rear of the site “reserved” for 20 future employee parking spaces.

Mr. Ibrahim explained that there is approximately 20 feet between the parking area and Hamilton Street which has a significant buffer. Ms. Tullio agreed that this area would be buffered appropriately.

Ms. Tullio briefed the Board that the Somerset County Planning Board has requested that the Applicant increase the access radius to 30 feet and have curbing flushed in the front. The County has approved landscaping 10 feet behind the curb to screen the parking lot and also approved the Applicant’s proposed sign to be located in the Right-of-Way.

The Applicant agreed to patch and clean-up their parking area to make it safe but not to replace the entire parking area as requested in item #5 in the report. The Applicant agreed to have it seamlessly repaved. The Applicant is proposing to repave the loading dock area with cement and improve the drainage in this area.

The Applicant explained that there is no need for them to enter into a maintenance agreement as requested in item #20. The Applicant explained that there are two existing detention basins that were designed to handle this site’s run-off by a depressed curb and that those owners are responsible to maintain the facility. This was done because this site was built prior to the development of neighboring sites. Based on the information given by Mr. Ibrahim, the Applicant would not need to comply with items #15, #17, and #20 since it would not be their property. The Applicant agreed to comply with all other requirements.

Exhibit A-1, a letter from Robert Russo P.E., dated February 15, 2006, was marked into evidence.

The Applicant will comply with the Police, Fire report dated January 13, 2006 and Health Department report, dated January 6, 2006.

As for the Public Works report, January 4, 2006, the Applicant cannot comply with item #1 as this would not pertain to the Applicant’s site but will comply with all other comments.

There were no questions or comments from the public.

Mr. Hasner made a motion to approve this application with the conditions as discussed. Dr. Orsini seconded the motion. The roll was called as follows:

FOR: Mr. Hasner, Mr. Mansaray, Mr. Mettler, Dr. Orsini, Ms. Sherman, Mr. Thomas and Chairman Chase

AGAINST: None

Docket # PLN 2005-0052 / Benchmark c/o Samuel Lyons

This application for a Site Plan with variances to construct a two-story warehouse/office building located on Pierce Street, Block 526 Lot 1 in the M-1 Light Manufacturing Zone was postponed to March 1, 2006. No further notification is required.

WORK SESSION / NEW BUSINESS

There was no work session or new business discussion.

MEETING ADJOURNED

A motion was made and seconded to adjourn the meeting at 11:02 p.m. All members were in favor.

Respectfully submitted,

_____________________________

Diane Milgram, Recording Secretary

February 20, 2006