REGULAR
MEETING
Municipal Bldg 530 West Hill Road Glen
The 782nd meeting of the
Notice of this meeting was provided for in the “Annual
Meeting Notice Schedule” adopted by this board on January 17, 2006, mailed to
the Hunterdon Review, Hunterdon County Democrat, Express Times, Courier News,
Star Ledger and posted on the bulletin board in the Municipal Building on
January 31, 2006.
SWEAR IN: Art Gerlich Class
II 1 Year
Term
Darryl
Schmidt Class IV Alternate II 2
Year Term
Attorney Gallina did the honors and administered the
oath of office to Mr. Gerlich and Mr. Schmidt.
PRESENTATION OF MINUTES: January 17,
2006 Reorganization/Business Meeting
Motion by Ms. Schriver and seconded by Ms. Bleck to
approve the minutes as presented.
Unanimously approved.
At this time Chairman MacQueen suggested that we
appoint an alternate to the voucher committee and the assistant board secretary.
APPOINT ALTERNATE TO VOUCHER COMMITTEE:
Motion by Ms. Schriver and seconded by Mr. Gerlich to
appoint Ms. Bleck as the alternate to the voucher committee. Unanimously approved.
APPOINT ASSISTANT BOARD SECRETARY:
Motion by Ms. Bleck and seconded by Ms. Schriver to
appoint Mr. Gerlich as the assistant secretary.
Unanimously approved.
RESOLUTION:
Anthony Hendra Block #65
Easement with conditions
After a brief discussion by the board, motion by Ms.
Bleck and seconded by Ms. Schriver to adopt the resolution for a 1
ROLL CALL Yes: Mr. Piasecki Ms.
Bleck No: None Abstain: Mr. Gerlich
Mr. Rich Ms. Schriver
Mr. Schmidt
Mr. MacQueen
PROFESSIONAL CONTRACT:
a. Jess
Symonds, Engr. – Biggs Engineering (Alternate Engr.)
Since the contract has not been received as yet,
Chairman MacQueen asked to have this placed on the next agenda of February 21,
2006.
EXTENSION OF TIME TO FILE DEEDS:
C&C Homes Block
#34
Minor
Subdivision with conditions
Attorney Guliet Hirsch was present to discuss an
additional extension of time on the minor subdivision of C&C Homes. Attorney Hirsch stated that she had been in
before the board back on November 1st to request an extension of
time to file the deeds in anticipation of receiving the letter from
NJDEP-Highlands with the exemption. At
that time, the board granted an extension to February 21, 2006. Attorney Hirsch informed the board that they
have been told by NJDEP that a letter of exemption is forthcoming but as of
this date the applicant has not received the letter. Attorney Hirsch asked the board to extend the
time by a couple of months. The board
asked if 3 months would work for them.
Attorney Hirsch answered yes.
Motion by Mr. Rich and seconded by Mr. Piasecki to grant a 3 month
extension of time effective February 21st to May 21, 2006. Unanimously approved.
Attorney Gallina will prepare the
resolution to be on the next agenda of February 21, 2006.
February
7, 2006
Page
2
NEW BUSINESS:
37 Hoffman
Crossing Road Hoffman
Crossing Road RC 7 ½
PUBLIC HEARING Site
Plan
Ms. Schriver informed the board that she is stepping
down from this application due to a conflict of interest. Attorney Michael Selvaggi was present to
represent the applicant along with Engineer Jess Symonds, Planner/Architect
Frank Mileto and Executive Director of the
Attorney Gallina asked Ms. Glashoff if Taxes were paid
and current. Ms. Glashoff informed
Attorney Gallina that the taxes were paid, but she had not gotten written
conformation from the Tax Collector. Attorney
Gallina announced that the notices are in order and the Planning Board can
proceed with the hearing. The following
items were marked into evidence: A1-Notice to Property Owners, A2-Certified List of Property Owners, A3-Affadavit of Proof of Service, A4-Notice to Newspaper and POD
Slips. Proof of taxes paid can be a
condition of any approval per Attorney Gallina.
Executive Director Toby Lloyd was sworn in to give testimony. Mr. Lloyd stated the Learning Center is a
private school who accepts students from approximately 8 counties, 36 school
districts for the purpose of education and counseling with a population of
78. The children who attend the school
have a problems struggling with traditional school settings and are generally
classified as having behavioral disabilities.
Mr. Lloyd stated that the purpose for the pavilion is to accommodate the
recreational outdoor programs. They have
a classy graduation ceremony that they offer the students for 8th
grade and 12th grade graduations.
The other addition is for an art room facility. Mr. Lloyd stated that besides an art room
they would evidentially like to have a music room in the same building. They have many students who are artistically
talented and musically talented. The
size of the art building purposed is 24’x68’.
They are not looking to expand the population of the school, but to offer
more to the students they have.
At the conclusion of Mr. Lloyd’s testimony, Chairman
MacQueen asked if the board had questions.
Planner Bolan asked if the school was non-profit. Mr. Lloyd answered yes. Planner Bolan asked how they are affiliated
with the school districts. The school
districts that have students attending pay for their tuition. The student is still considered part of their
sending district accept that they take all their classes at the
Mr. Schmidt asked how the children are transported to
their school. Mr. Lloyd stated by either
the small schools buses or vans. Planner
Bolan questioned the size of the building.
Attorney Selvaggi said this will be covered with the engineer. Planner Bolan asked how many teachers are in
the arts & craft. Mr. Lloyd stated
currently 1 and 5 teachers in the music program.
Engineer Jess Symonds was sworn in to give
testimony. Attorney Selvaggi had the
Site Plan marked into evidence. A6-Sheet 2 of 7 dated June 6, 2005 and
revised August 1, 2005. Engineer Symonds
stated currently on the site are 10 structures.
This site consists of two lots. Lot
#17 consists of 10 acres and
Engineer Risse asked what provisions are being made
for the disposal of art waste like paint thinners, paint etc. Mr. Lloyd stated that at present they dispose
of art bi-products in a dumpster. The
art department does not use any hazardous products; it is prohibited by state
law. Attorney Gallina asked if there
were fire prevention methods in-place. Mr.
Lloyd responded by saying this is what the fire tank is for. Chairman MacQueen asked if the pavilion was
going to have water and electric.
Engineer Symonds said that the pavilion will have electricity but not
water. There may be a water fountain but
no bathrooms. It was noted that a fire
tank would not be warranted for the pavilion since it was not an enclosed
structure. Chairman MacQueen asked how
many people would be in the art building at one time. Mr. Lloyd stated no more than 12 students
and 2 adults.
Planner Bolan asked about
February
7, 2006
Page
3
Chairman MacQueen referred to the completeness letter
from Engineer Risse noting the waiver that was being requested on the landscape
plan and that the applicant would supply something at the public hearing as to
what type of landscaping would be proposed if any. Engineer Symonds noted that the driveway
into the school is lined with apple trees.
The buildings sit about 600’ back from the road.
Chairman MacQueen asked if the board had any questions
at this time. Mr. Schmidt asked about
the
Attorney Selvaggi stated he had another witness to
give testimony. Planner/Architect Frank
Mileto was sworn in at this time. The
art building will be a 1 story building will conform to height regulations all
setback requirements and complies with the new
Attorney Selvaggi stated that this concludes the
testimony for the applicant. Chairman
MacQueen noted a question by Engineer Risse which had to do with the location
of the Fire Tank and suggested that the applicant have the Fire Chief give
testimony. At this time, Fire Chief
Warren Gabriel was sworn in to give testimony.
Mr. Gabriel stated that in his conversations with Mr. Butters, it was
suggested having the fire tank centrally located to the school and new art
building. Mr. Gabriel referred to the
Site Plan showing the board the proposed location for the fire tank. Engineer Risse agreed with the proposed
location of the fire tank by Mr. Gabriel.
Attorney Gallina asked if a ten thousand gallon tank would be sufficient
for fire fighting purposes. Mr. Gabriel
answered yes. Engineer Risse stated that
the site plan is well laid out along with the location of fire tank.
Mr. Schmidt asked Engineer Risse if a 6” pipe would be
adequate to handle a heavy rain storm.
Engineer Risse answered yes. Planner
Bolan stated in reviewing the site plan, it conforms and meets all the conditional
use standards along with very good testimony from the applicant’s
professionals. Planner Bolan also agrees
with the applicant’s assessment of the landscaping. Mr. Rich asked why the applicant’s located
the pavilion in the front yard. Planner
Mileto stated the pavilion needs to be located in the front yard to be
functional. Because of the location of
the athletic fields and the location of graduations, it would not make any
sense to locate the pavilion in an out of the way location. It will be best served by all to be placed in
the front yard. At the conclusion of the
board’s questions and being no statements or comments from the public, Chairman
MacQueen announced that the public portion of the hearing is now closed.
In the board’s deliberations, it was noted by the
board that the site plan presented is well thought out, planned and will be an asset also the board
was very pleased that the applicant is having a fire tank installed. Motion by Mr. Rich and seconded by Mr.
Gerlich to grant the conditional use with site plan with the following
conditions:
a. Proof of
taxes paid
b. Outside
agencies having jurisdiction
c. Amend Site
Plan to show location of fire tank
ROLL CALL Yes: Mr. Gerlich Mr. MacQueen No: None
Mr. Piasecki Ms. Bleck
Mr. Rich Mr.
Schmidt
Attorney Gallina will prepare the
resolution to be on the Agenda for March
7, 2006.
At this time Ms. Schriver returned to the board.
February
7, 2006
Page
4
ITEMS FOR DISCUSSION:
a. Stormwater Ordinance – Planner Bolan
Planner Bolan passed out to the board the draft of the
Stormwater Management Ordinance for the board to review. Planner Bolan spoke briefly on the
ordinance and asked that it be placed on the next agenda for discussion. Planner Bolan informed the board that he will
start putting this into ordinance form.
Ms. Glashoff asked about when the Township Committee would be able to
introduce this ordinance and have a public hearing based on the deadline of
April 1st. We will need to
have the ordinance ready to send to the Township Committee for their March 1st
meeting for introduction with a public hearing on April 5th. Mr. Rich asked Planner Bolan to briefly
describe what is in this ordinance.
Planner Bolan deferred to Engineer Risse for comments. Engineer Risse reviewed briefly the contents
of this ordinance and stated that each municipality has to certify to the State
each year that they are enforcing the ordinance and the State rules. Ms. Schriver asked if there were any
requirements for sampling of Stormwater.
Engineer Risse answered no. Mr.
Rich stated that he will be unable to attend the next meeting but wanted to
comment on the ordinance at this time.
Mr. Rich said that the ordinance is very good regarding major
subdivisions & site plans but it is in overkill for the person who wants to
build one house. Planner Bolan informed
Mr. Rich that they will check it against the state requirements and talk about
the different thresholds we can have at the next meeting. Planner Bolan asked for the Committee dates
in March. The 1st and 15th
are their meeting dates per Ms. Glashoff.
Planner Bolan recommended finishing this up at the March 7th
meeting to be introduced at the Township Committee meeting on March 15th
with a public hearing on April 19th
meeting. Planner Bolan stated that since
we are sending this ordinance we can waive the 30 days and the Committee can
have the public hearing on April 5th.
Mr. Schmidt asked Ms. Glashoff about the courses being
offered by NJPO and asked if he could be enrolled at Merck for the March 30th
date. Ms. Glashoff will enroll him with the Board of
Adjustment members for that date. Ms.
Glashoff informed the board that the Merck Session is a Thursday evening from
5:00 p.m. to 10:00 p.m.
b. Smart Growth Planning Assistance Grants
– ANJEC 1/16/2006
Ms. Glashoff put this on the agenda and asked Planner
Bolan if there were any grants that the Planning Board could apply for. Planner
Bolan answered no.
c. Tree Ordinance – future meeting.
d. Fire
Protection Ordinance – upcoming meeting
Ms. Glashoff informed the board that items c & d
are only on the agenda as a reminder for future and upcoming meeting
discussions. Ms. Glashoff noted that she
has received from the Zoning Officer a memo regarding the Tree Ordinance per
the request of the Chairman. She will be
contacting Nancy Lawler from the Environmental Commission for their
comments. Two members from the
commission have been working on amendments to the Tree Ordinance for the
Planning Board to review. The Fire Chief
and Mr. Kneafsey have been working on amendments to the Fire Protection
Ordinance and will be discussing these amendments with the Engineer &
Planner. Hopefully they will be ready
soon to be on an upcoming agenda.
PRESENTATION OF BILLS & REPORT:
a. John
Gallina, Esq. $ 465.40
b. Banisch
Associates $1,548.00
c. Bayer/Risse
Engrs. $3,407.50
Total: $5,420.90
Motion by Ms. Bleck and seconded by Ms. Schriver to
approve the bills for payment. Unanimously
approved.
Chairman MacQueen informed the board that the Township
Committee is holding budget meetings and we have been informed that we have to
cut our budget. Ms. Glashoff noted that
next Wednesday Feb. 15th is a budget meeting and she has been asked
to attend regarding the Planning and Zoning Board budgets and has asked
Chairman MacQueen to join her at the meeting.
In reviewing our budget and with all the mandatory items that we have to
comply with, it going to be very difficult to cut anything from the budget. We did cut our litigation line item from
$20,000.00 to $15,000.00 and Attorney Gallina informed Ms. Glashoff that he
will be working on the appeals for Toll Bros and Finn/Goode. Attorney Gallina stated that the argument on
the Toll Bros appeal is March 6th before the Appellate Court. Mr. Rich asked about Finn/Good. Attorney Gallina informed the board that the
Court upheld the Board’s decision on the Klipstein subdivision. Finn/Good are appealing the decision of the
Court.
February
7, 2006
Page
5
Ms. Schriver informed the board that the Committee
would have to have a tax rate for the municipality of 5 cents when it has
always been at zero most of the time.
The State Pension is going up $20,000.00 per year for the next 3 years
in addition to higher insurance costs. Ms. Schriver stated that the board has to
defend their budget. Chairman MacQueen
noted that the state keeps putting all these new rules and regulations on the municipalities which are next
to impossible to follow.
CORRESPONDENCE:
.
OPEN TO THE PUBLIC
No comments from the public. Ms. Glashoff reviewed for the board the items
that will be on the agenda for February 21st. Engineer Risse informed the board that he
received a phone call from Attorney DeChellis regarding Davara and informing
him that they are changing the concept now to a fiberglass tank from concrete
and will be relocating the tank up by the pond.
Ms. Glashoff asked about getting revised plans and that the deadline to meet
the 10 day period per the MLUL will be this Friday February 10th. Ms. Glashoff was informed that if she does
not receive the revised plans by Friday February 10th, the applicant
will not be scheduled for the February 21st meeting date.
Being no further business to come before the board,
nor comments from the public, motion by Ms. Bleck and seconded by Ms. Schriver
to adjourn the meeting at
___________________________________________
CHAIRMAN GARY MACQUEEN
______________________________________________
GAIL W. GLASHOFF, PLANNING BOARD CLERK