MOORESTOWN TOWNSHIP PLANNING REORGANIZATION MEETING JANUARY 15, 2015

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1 MEMBERS PRESENT: William Barker Scott Carew Chris Chesner Peter Miller Phil Garwood Chris Locatell William Newborg Robert Musgnug Jeff Tait Doug Joyce Absent: Julie LaVan STAFF PRESENT: Peter Thorndike, Board Attorney James Ruddiman, Board Engineer Sharon Leinheiser Recording Secretary Absent: Thomas Ford, Board Secretary Mr. Carew called the reorganization meeting to order at 7:30 PM in the Town Hall Council Chamber, 111 West Second Street, by reading the Open Public Meetings Act statement. The roll call of the Board is as listed above. A moment of silence was followed by the Pledge of Allegiance. Reorganization: Selection and election of officers for 2015: Chairperson: Mr. Garwood nominated William Barker as chair for Mr. Locatell seconded the nomination. With no further nominations forthcoming, Mr. Newborg made a motion, seconded by Mr. Miller, to close the nominations for chair. The roll call vote of the Board was as follows: AYES: Scott Carew, Chris Chesner, Peter Miller, Phil Garwood, Chris Locatell, William Newborg, Robert Musgnug, Doug Joyce, Jeff Tait. NAYES: None. Absent: Julie LaVan. Recused: William Barker. Mr. Barker chaired the meeting from this point forward. Vice-Chairperson: Mr. Garwood nominated Jeff Tait as vice-chair for Mr. Chesner seconded the nomination. With no further nominations forthcoming, Mr. Newborg made a motion, seconded by Mr. Chesner, to close the nominations for vicechair. The roll call vote of the Board was as follows: AYES: William Barker, Scott Carew, Chris Chesner, Peter Miller, Phil Garwood, Chris Locatell, William Newborg, Robert Musgnug, Doug Joyce. NAYES: None. Absent: Julie LaVan. Recused: Jeff Tait. Board Secretary: Mr. Carew nominated Thomas Ford as Board Secretary for Mr. Newborg seconded the nomination. With no further nominations forthcoming, Mr. Joyce made a motion, seconded by Mr. Miller, to close the nominations for Board Secretary. The roll call vote of the Board was as follows: AYES: William Barker, Scott Carew, Chris Chesner, Peter Miller, Phil Garwood, Chris Locatell, William Newborg, Robert Musgnug, Doug Joyce, Jeff Tait. NAYES: None. Absent: Julie LaVan. Appointment of Planning Board member as liaison to the Economic Development Advisory Committee for 2015: Mr. Carew nominated Mr. Locatell. Mr. Miller seconded the nomination. Mr. Locatell agreed to accept the nomination. The roll call vote of the 1

2 Board was as follows: AYES: William Barker, Scott Carew, Chris Chesner, Peter Miller, Phil Garwood, Doug Joyce, William Newborg, Robert Musgnug, Jeff Tait. NAYES: None. Absent: Julie LaVan. Recused: Chris Locatell. RESOLUTIONS: Mr. Garwood requested a change in the resolution to reflect the Courier Post as the primary official newspaper and the Philadelphia Inquirer as the secondary newspaper. After a discussion among the Board and Mr. Thorndike, Mr. Garwood made a motion, seconded by Mr. Chesner, to make that change to the Resolution # , Annual Meeting Notice. The roll call vote of the Board was unanimous in favor. Mr. Newborg made a motion, seconded by Mr. Tait, to adopt Resolution # , as amended. The roll call vote of the Board was as follows: AYES: William Barker, Scott Carew, Chris Chesner, Peter Miller, Phil Garwood, Chris Locatell, Doug Joyce, William Newborg, Robert Mr. Garwood made a motion, seconded by Mr. Joyce, to adopt Resolution # , Electronic Guidelines for the Planning Board, as written. The roll call vote of the Board was as follows: AYES: William Barker, Scott Carew, Chris Chesner, Peter Miller, Phil Garwood, Chris Locatell, Doug Joyce, William Newborg, Robert Minutes: Mr. Carew made a motion, seconded by Mr. Garwood, to approve the November 6, 2014 Minutes, as written. The voice vote of the Board was unanimous in favor. Mr. Barker advised that a correction needed to be made to the December 4, 2014 Minutes indicating he is listed as voting on an application from which he was recused. Mr. Barker made a motion, seconded by Mr. Carew, to approve the December 4, 2014 Minutes, as amended. The voice vote of the Board was unanimous in favor. Public Hearing: Docket # ;Moorestown Friends School Association, Block 4900/Lot 9, 146 East Main Street; Block 4900/Lot 10, 154 East Main Street is an application (continued from the December 04, 2014 meeting) for a Minor Subdivision with Variances and Waivers for a lot line adjustment located in the R2 Zone; no new lots are being created. Mr. Thorndike advised he is recusing himself due to a conflict. Attorney Kofsky will substitute as legal counsel for the Board. Mr. Thorndike left the dais and Mr. Kofsky joined the Board. Rhonda Feld is the attorney for the applicant. She described the application. Witnesses sworn in: Lisa Carbone-Warren, in charge of operations at Friends School; Robert Stout, engineer. Ms. Carbone-Warren described the property in question as residential that they rent out. When Lot 10 was sold last year, they kept the option to subdivide the rear of Lot 10. She stated that 2

3 3 they have no plans to utilize that land. They wish to bank it for possible use at a much later date and it actually creates a buffer between the sports fields and the residences. Mr. Stout gave his qualifications and was accepted as an expert witness. He explained the waivers and variances requested and the reasons for them. Exhibit A-1 is the plan showing the proposed lot lines to square off Lot 10 and add the half acre left onto Lot 9. Exhibit A-2 is an aerial of properties showing the lots in question and those surrounding and the baseball field that sits behind Lot 9. Ms. Feld advised that agreements have been made with the neighbors to prohibit uses on this property to include any new buildings, a parking lot, recreational fields and no storage of vehicles or equipment as long as the neighboring properties are owned by the existing owners and Friends School. This agreement will be filed by deed. James Ruddiman was sworn in and stated that he supports the waivers based on the testimony. He advised that approval is contingent on approval from the Burlington County Planning Board, the Tax Assessor and the Tax Collector. The Board requested clarification of any possibility for contiguous property owners to buy the small sliver of land and could it be used as a driveway. Ms. Feld responded that there is no intent to allow purchase of that small piece of land and it could not be used in any way without approval from the neighbors and the Planning Board. Ms. Carbone-Warren added that Friends School is trying to find a path off campus onto Route 38 not to add more traffic or driveways onto Main Street. PUBLIC QUESTIONS/COMMENTS: Judge Mark Tarantino, 213 Laurence Court, was sworn in. Ms. Feld interrupted with her concern that, although Judge Tarantino is married to a neighboring property owner, he should not speak at this proceeding due to on-going discussions. Mr. Kofsky advised that any member of the public has the right to speak on any application. It is up to Judge Tarantino whether to speak to the Board based on his own legal position and expertise. It is not the Board s determination. Judge Tarantino stated that he is not speaking as a judge, only as a person living in the home and husband of the property owner. If there would be any litigation on this application, it would get transferred to another county. That said, they have owned the house since 1991 and the back of his house is thirty feet from the property line. He felt that most of their concerns have been met and is glad that the applicant has agreed to the Conditions of the Board. He feels that the waivers and variances being asked for are reasonable. He thanked the Board for their attention to detail and the needs of the neighbors.

4 With no further comments or questions forthcoming, the public portion was closed. BOARD DELIBERATION: Mr. Kofsky clarified with Ms. Feld the agreements with the neighbors and being filed with the deed. He then listed the Conditions of Approval and clarified each for the Board. Mr. Locatell made a motion, seconded by Mr. Garwood, to approve this application as proposed and amended with waivers and variances and Conditions of Approval. The roll call vote of the Board was as follows: AYES: William Barker, Scott Carew, Chris Chesner, Peter Miller, Phil Garwood, Chris Locatell, Doug Joyce, William Newborg, Robert Musgnug, Jeff Tait. NAYES: None. Absent: Julie LaVan. Mr. Kofsky advised the applicant of the procedure following this approval. Mr. Kofsky left the dais and Mr. Thorndike returned. Mr. Joyce and Mr. Chesner are recusing themselves from the following application. Docket # ; JWR Properties LLC, Block 5602/Lot 7, 750 Golf View Road, Block 5602/Lot 8, 740 Golf View Road is an application for Minor Subdivision with Variances and Waivers for a lot line adjustment to convey land from Lot 7 to Lot 8; no new lots are being created and Bulk variance for capacity of vehicle storage for proposed garage on Lot 8. Properties are located in the R-1A Zone. George Kroculick is the attorney for the applicant. He provided Exhibit A-1, the existing landscape screening; Exhibit A-2, the proposed new landscaping screening; Exhibit A-3, the floor plan; and Exhibit A-4, a copy of the tax map indicating the lot lines to the Board. Witnesses sworn in: James Miller, professional planner; Robert Stout, engineer; Henry Depenbrock, landscape designer; Joseph Reinery, the applicant. Each professional gave their qualifications and were accepted as expert witnesses. Mr. Miller stated the detached garage for would be used storage. No heating or plumbing will be installed in the half story above the garage. It would be a difficult conversion to living space and agreed to a Condition of Approval to that effect. He detailed the requested relief from lot lines and number of vehicle storage. He referred to the exhibits and discussed other homes in the area with the Board. This property butts up on the golf course on one side. James Ruddiman was sworn in and advised that proper height documentation has not been provided. Mr. Stout agreed that could be a Condition of Approval. Mr. Kroculick stated that they would provide that to the engineer. Mr. Reinery stated that he currently owns six cars and described them. Some are collector classics, specifically muscle cars. This is the reason for requesting a five car garage. There will be no commercial vehicles, only the personal cars. He is moving to the house soon. 4

5 5 Mr. Stout answered questions from the Board regarding fences and driveways. PUBLIC QUESTION/COMMENT: Eileen Gillen, 720 Golf View Road, was sworn in and asked if side setbacks would change. The Board responded in the negative. Ms. Gillen felt that houses in this area seem condensed and the garage would be visible to her through the trees. Mr. Detenbock described the proposed landscape between the two properties, indicating on the exhibits which will remain and which will be removed and what will replace them. Ms. Gillen questioned the amount of land being moved to the other lot and discussed the possibility of impact to property values. Her house is for sale currently. Mr. Reinery described Lot 7 as an oversized lot and removing a portion will not affect it. With no further comments or questions forthcoming, the public portion was closed. BOARD DELIBERATION: Mr. Thorndike detailed the application and the Conditions of Approval as amended and agreed to. Mr. Tait stated that he is not comfortable with this in relation to the house nearby. He also felt that the applicant had not provided a bonafide reason for the Board to approve this. He feels this would change the character of the area. Mr. Garwood made a motion, seconded by Mr. Newborg, to approve this application, as amended. The roll call vote of the Board was as follows: AYES: William Barker, Scott Carew, Peter Miller, Phil Garwood, Chris Locatell, William Newborg, Robert Musgnug. NAYES: Jeff Tait. Absent: Julie LaVan. Recused: Chris Chesner, Doug Joyce. Mr. Thorndike advised the applicant of the procedure following this approval. Mr. Miller made a motion, seconded by Mr. Garwood to adopt Resolution # , Closed Session. The roll call vote of the Board was as follows: AYES: William Barker, Scott Carew, Chris Chesner, Peter Miller, Phil Garwood, Chris Locatell, Doug Joyce, William Newborg, Robert Mr. Garwood made a motion, seconded by Mr. Carew, to enter into Closed Session. The voice vote of the Board was unanimous in favor. The Board entered into Closed Session at 9:26 PM and returned to Open Session at 9:32 PM. Mr. Barker called the Open Meeting back to Order. Appointments and Adoption of Resolutions: Mr. Garwood made a motion, seconded by Mr. Joyce, at adopt Resolution # , Appointment of Peter Thorndike as Planning Board Attorney for The roll call vote of the Board was as follows: AYES: William Barker, Scott Carew, Chris Chesner, Peter

6 Miller, Phil Garwood, Chris Locatell, Doug Joyce, William Newborg, Robert Musgnug, Jeff Tait. NAYES: None. Absent: Julie LaVan. Mr. Garwood made a motion, seconded by Mr. Miller, to adopt Resolution # , Appointment of Chris Noll from ERI as Planning Board Engineer for The roll call vote of the Board was as follows: AYES: William Barker, Scott Carew, Chris Chesner, Peter Miller, Phil Garwood, Chris Locatell, Doug Joyce, William Newborg, Robert Musgnug, Jeff Tait. NAYES: None. Absent: Julie LaVan. Mr. Garwood made a motion, seconded by Mr. Tait to adopt Resolution # , Appointment of Amy Cieslewicz of Taylor Design Group as Planning Board Landscape Architect for The roll call vote of the Board was as follows: AYES: William Barker, Scott Carew, Chris Chesner, Peter Miller, Phil Garwood, Chris Locatell, Doug Joyce, William Newborg, Robert Mr. Garwood made a motion, seconded by Mr. Joyce, to adopt Resolution # , Appointment of Michelle Taylor of Taylor Design Group as Planning Board Planner for The roll call vote of the Board was as follows: AYES: William Barker, Scott Carew, Chris Chesner, Peter Miller, Phil Garwood, Chris Locatell, Doug Joyce, William Newborg, Robert Mr. Garwood made a motion, seconded by Mr. Tait, to adopt Resolution # , Appointment of Sharon Leinheiser as Planning Board Recording Secretary for The roll call vote of the Board was as follows: AYES: William Barker, Scott Carew, Chris Chesner, Peter Miller, Phil Garwood, Chris Locatell, Doug Joyce, William Newborg, Robert Mr. Barker advised that the next Planning Board Meeting will be held on February 5, With no further business to discuss, Mr. Newborg made a motion, seconded by Mr. Joyce, to adjourn the meeting. The voice vote of the Board was unanimous. The meeting was adjourned at 9:35 PM. APPROVED