BOROUGH OF CALIFON PLANNING/ZONING BOARD. Regular Meeting Minutes 28 August :00 p.m. Municipal Building

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1 1 BOROUGH OF CALIFON PLANNING/ZONING BOARD Regular Meeting Minutes 28 August :00 p.m. Municipal Building CALL TO ORDER OPEN PUBLIC MEETINGS ACT It is hereby announced and placed in the minutes that adequate notice of this Regular Meeting of the Califon Planning/Zoning Board has been provided in accordance with the Open Public Meeting Act by publication in the Hunterdon Review and the Hunterdon Democrat. A copy of this notice has also been posted on the public bulletin board in the Municipal Building and filed with the Borough Clerk. FLAG SALUTE: ROLL CALL: Members Present: Raymond, Baggstrom, Farmer, Bedell, Owens, Winter, Ctibor, Lynch, Hubiak, Morrow Members Absent: Daniel Professionals Present: Guy Wilson, Esquire for W. Caldwell, Esquire Professionals Excused: William Caldwell, Esquire Donald Scott, Keller & Kirkpatrick Elizabeth McKenzie, Planner BUSINESS: 1. Applicant: Califon Fire Company - 41 Main St. Califon, NJ - Block 20, Lot 6, Zone GB a. Determination of Completeness for Variance(s) Relief for Installation of Generator Chairman Morrow requested input from Board Members regarding the completeness review reports from Planner McKenzie and Engineer Scott. Attorney Wilson quoted from Engineer Scotts report as: In review of the submitted site plan documents and given the significance of the needed improvement for public safety, it is recommended that the application be deemed administratively

2 2 complete conditioned on the receipt of a formal determination of exemption from NJDEP prior to any final action by the Board. A discussion among Board Members and Attorney Wilson ensued regarding the opinions of the Planner and the Engineer regarding the NJDEP requirement. Planner McKenzie also indicates as follows: The application will likely prove to be exempt from NJDEP Highlands Preservation Area review, since the addition of the generator to the site can be accomplished with no increase to the impervious surface coverage on the site and no new land disturbance. However, the applicant should be required to confirm this with the NJDEP (as a condition of the Board s approval). Mr. William Kibler, 55 Main Street Califon, NJ introduced himself as the Chief of the Califon Fire Company and conveyed his opinion/understanding of the reports released by the Board professionals. Mr. Kibler stated that he understood both the Planner and Engineer both offered their opinion that the application will not increase any impervious cover and suggests that neither is in the position to issue a formal decision for the NJDEP, and added that the professionals conveyed their opinion that the project would probably be exempt based on it not meeting the definition of a major highlands development. He stated further the NJDEP application process includes a cumbersome 21 page application plus an application fee, which must include signed and sealed engineering plans, as well as other documentation. He believes this will be time consuming and costly for a project that will be exempt, and should not be necessary. Mr. Gary Winters introduced himself as the President of the Califon Fire Company and notified the Board that the Califon First Aid Squad recently installed a generator and they were not required to contact NJDEP or come before the Board with an application. The Board Members debated the requirement of the Highlands determination and their input into the process for the purpose of evaluating the application before them. Mr. Kibler provided his opinion and his understanding of the Highlands exemption process to the Board. Discussion on the difference between a waiver and an exemption. Board Member Bedell made a motion to deem the application administratively complete, on the condition (as the Board Engineer and Planner have suggested), application be subject to NJDEP determination before any final action, Seconded by Member Owens. Discussion on the motion regarding the mounting pad the generator will be housed upon. Mr. Gary Winters clarified the height of the mounting pad. Attorney Wilson stated this information should be discussed during the hearing portion of the application.

3 3 Member Bedell amended the motion to request the survey/plan be updated to include the generator mounting pad and housing within the proposed setbacks on the survey/plan. Member Bedell then withdrew the motions reference to request the application be subject to NJDEP, as that would be discussed during the hearings portion of the application. The final motion by Bedell stated: deem the application administratively complete and request the survey/plan be updated to include the generator mounting pad and housing within the proposed setbacks on the survey/plan, seconded by Member Raymond; Member Bedell made a motion for the amended version, seconded by Member Raymond, Roll call on the Amended Motion: For: Raymond, Baggstrom, Farmer, Bedell, Owens, Winter, Ctibor, Lynch, Hubiak Against: None. Abstaining: None. Member Bedell made a motion for the final motion, seconded by Member Owens, Roll call on the Final Motion: For: Raymond, Baggstrom, Farmer, Bedell, Owens, Winter, Ctibor, Lynch, Hubiak Against: None. Abstaining: None. b. Historic Review Application for Generator Installation Chairman Morrow stated that Donald Freibergs, a member of the Califon Historical Society was present and reviewed the application. Mr. Freibergs then stated that the Historical Society had no comments concerning the application. The Board requested information on the description (color, style) of the generator which according to the drawing supplied, will be located in the center of the historic district. A Motion was made by Member Baggstrom, seconded by Member Owens to approve the historic district application, as submitted. The Board discussed the motion and was interested in knowing details about the proposed location of the generator and whether it could be be placed in a different location from the proposed location.

4 4 Mr. Kibler stated there were almost no other options to move the location: it needs to be near the electrical hook-up, and if the location is changed, the public will no longer have access to the parking spaces the fire company allows the public to use for town events. The Board discussed the possibility of a fence surrounding the generator and the impact it may have on the operation of the generator. The Board discussed air intake vents on the generator and the impact of a picket fence panel located near the vents. Attorney Wilson stated that the fence and noise concerns be discussed during the hearings portion of the Board s review of the application, also suggesting the Board could add conditions to the resolution to address some of their concerns. Mr. Kibler stated there was no practical way to camouflage the unit. The Board discussed the proposed height of the unit because of flooding concerns on Main Street that could impact the generator. Mr. Winters stated the unit would be approximately 5 feet. Chairman Morrow called for a vote on the proposed motion for the approval of the Historic Review application: For: Raymond, Baggstrom, Farmer, Bedell, Owens, Winter, Ctibor, Hubiak Against: Lynch, stating the need for additional description information. Abstaining: None Attorney Wilson notified the Applicant to provide notice in order to proceed to the hearings portion of the Board Review. Mr. Wilson stated that he would draft the approving resolution for the Historic Review. Attorney Wilson exited the meeting at 9 pm. 2. Discussion of Recommendation to Update Fee Schedule; Authorization for Board Planner McKenzie to provide services to update the Fee Schedule. Board Chairman Morrow stated the need for the Board to discuss the Fee Schedule because the Board only reviewed a draft of the fee schedule, which was then sent to Council for their consideration. Planner McKenzie would like the Board s approval to allow her to review it. Discussion ensued. A Motion was made by Member Bedell, seconded by Member Owens to inform the Council that the Planning Board agrees to have the Council use their budget (as long as majority of Council

5 5 agrees), to have Planner McKenzie review the draft of the Fee Schedule, Voice Vote, All Ayes, unanimously. MINUTES: The minutes from the 26 June 2013 Board meeting which had been tabled were reviewed by the Board. Corrections were made, and a motion to approve the minutes, as corrected, was made by Member Bedell, and seconded by Member Ctibor. All Ayes, with Members Winter, Owens, and Lynch abstaining due to tardiness and Farmer and Hubiak abstaining due to absence. The minutes from the 24 July 2013 Board meeting were reviewed by the Board. Corrections were made, and a motion to approve the minutes, as corrected, was made by Member Ctibor and seconded by Member Owens. All Ayes, with Members Baggstrom and Raymond abstaining due to absence. FURTHER BUSINESS: Member Baggstrom requested copies of the Executive Minutes from the 7/24/13 Board meeting, which were not drafted in time for this Board meeting. Board Secretary Linda Beers stated they would be available for Board review at the next meeting. CORRESPONDENCE: 1. Borough of Califon Notice of Ordinance for Permit and Regulation of Alternate Energy Facilities 2. Memo dtd 7/29/13 from SSP Architectural Group Re: Califon Board of Education Califon School Septic System Replacement Plans and Request for Comments, Suggestions. 3. Borough of Califon Council Minutes dtd 7/15/13 4. HCPB DRC Meeting Agenda for 8/5/13 PUBLIC SESSION: No public present. Chairman Morrow stated that he received a quote from Dennis Bertland regarding the Historic District concerns. He stated the quote will be mailed out to all Board members for their review. ADJOURNMENT: Board Chairman Morrow adjourned the meeting at 9:40 pm. Respectfully submitted, Linda Beers, Planning/Zoning Board Secretary