HILLSBOROUGH TOWNSHIP PLANNING BOARD PUBLIC MEETING MINUTES OF JUNE 3, 2004

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1 HILLSBOROUGH TOWNSHIP PLANNING BOARD PUBLIC MEETING MINUTES OF Chairperson Fenwick-Freeman called the Planning Board meeting of June 3, 2004 to order at 7:30 p.m. announcing that this meeting had been duly advertised according the Chapter 231, Open Public Meetings Act. The meeting took place at the Municipal Building in the courtroom. PLEDGE OF ALLEGIANCE ROLL CALL Mr. Pugh Present Ms. Chaucer-Levine Present Ms. Winters-Mineo Present Mr. Stafford-Taylor Present Mr. Conard Alt. #1 Present Mr. Suraci Arrived at 7:35 p.m. Ms. DeMilia Alt. #2 - Present Secretary Merdinger Present Vice Chairman Burchette Absent Mayor Sireci Present Chairperson Fenwick-Freeman - Present Also present were Robert Ringelheim, Township Planner, Eric Bernstein, Esq. Board Attorney, Mark Zelina, Consulting Engineer and Lucille Grozinski, C.S.R. ACCEPTANCE OF MINUTES May 6, 2004 Public Hearing A motion to approve the public meeting minutes of May 6, 2004, as amended, was made by Ms. Chaucer- Levine, seconded by Ms. Winters-Mineo. Motion carries. Roll call: Mr. Pugh yes; Ms. Chaucer-Levine yes; Ms. Winters-Mineo yes; Mr. Stafford-Taylor yes; Mr. Conard (#1) yes; Mr. Suraci yes; Mr. Merdinger abstain; Ms. DeMilia (#2) yes; Mayor Sireci yes; Chairperson Fenwick-Freeman yes. Amendment: Page 3, paragraph 8 change to read An adjoining property owner, David Lockhart of River Road, had suggestions. May 13, 2004 Public Hearing A motion to approve the public meeting minutes of May 13, 2004, as written, was made by Mr. Merdinger, seconded by Mr. Conard (#1). Roll call: Ms. Winters-Mineo yes; Mr. Stafford-Taylor yes; Mr. Conard (#1) yes; Ms. DeMilia (#2) yes; Mr. Merdinger yes; Chairperson Fenwick-Freeman yes. Motion carries. ACCEPTANCE OF RESOLUTIONS PLANNING BOARD BUSINESS Chairperson Fenwick-Freeman announced that on Monday, June 14, 2004, from 7 p.m. to 9 p.m. the State Planning Commission is hosting a State Plan/Cross Acceptance information meeting to be held at the Freeholder meeting room, third floor of the Somerset County Administration Building in Somerville. She encouraged the public and members of the Board to attend the meeting since it would give members an opportunity to see what the State Planning Commission and the Somerset County Cross Acceptance Negotiating Committee is working on.

2 SPECIAL COMMITTEE REPORTS BUSINESS FROM THE FLOOR CONSIDERATION OF ORDINANCES PUBLIC HEARING SUBDIVISIONS/SITE PLANS Alloy Realty Corporation File #04-PB-3-SR Block 143, Lot Roycefield Road Amended Major Site Plan Geoffrey Soriano, Attorney for the Applicant, summarized the application. Property located at the corner of Roycefield and Vincent s Lane in Block 143, Lot in the I- 2 Light Industrial District Site is fully built out Applicant requests approval to allow multiple industrial users within the existing building. Building currently has three tenants and one additional tenant is proposed. No expansion or modification of building or site is requested No variances requested Proposal is to amend early 1980 site plan approval with amendments in March and October of 1986 to add multiple users within the existing building as required by Section B of the Development Regulations. Mr. Stanley Puza, owner of Alloy Realty Corporation, appeared and was sworn. Testimony of Mr. Puza: Owner of property since 1984 Current tenants include: User Space A Counter EFX User Space B Vacant User Space C Alloy Tool and Mold User Space D Lillie International Corporation C.O. issued from Building Department 5/20/02 Two story office area occupied by Alloy Realty (first floor) with second floor available for rent. Approval for User Space B required as per Section B Loading dock located at User Space D (one required for site) Tenant will be permitted user with the I-2 zone Exhibit Introduced: A-1 Certificate of Occupancy for Lillie International Corporation dated 5/20/03 Open to public. Board Comment: Mr. Pugh asked if a plan had previously been submitted with the spaces delineated. Mr. Puza stated that it had not. 2

3 Mr. Pugh asked if Applicant would consider adding more than four tenants in the future and if so, would he return to the Board with a new plan? Mr. Puza stated that his intention was to have the flexibility of using the leased area for an office area if necessary, adding sanitary facilities for that area. Public Comment: Close to public Chairperson Fenwick-Freeman questioned whether traffic to the area would change. Mr. Puza stated that he did not anticipate any additional traffic. A motion to approve the application of Alloy Realty Corporation, as presented, with the condition that the Applicant return to the Board if the lease area is changed, was made by Mr. Pugh, seconded by Ms. Winters-Mineo. Roll call: Mr. Pugh yes; Ms. Chaucer-Levine yes; Ms. Winters-Mineo yes; Mr. Stafford-Taylor yes; Mr. Conard (#1) yes; Mr. Suraci yes; Mr. Merdinger yes; Mayor Sireci yes; Chairperson Fenwick-Freeman yes. Motion carries. Hillsborough Chase File #03-PB-4-MR Block 145, Lots 36 & 37 Beekman Lane and New Centre Road Minor Subdivision William B. Savo, Attorney for the Applicant, summarized the application. Mr. Savo stated that the minor subdivision is part of the Hillsborough Chase major subdivision and in order to prefect that subdivision, a final map must be filed. In order to achieve that, a DEP approval for a wastewater management plan was required and on May 12, 2004, DEP approval was granted. The wastewater management plan included the subject site which must be divided off in order to close title with the property owner (Mr. & Mrs. Quick). The minor subdivision parcel is as approved by the Planning Board and included in resolution of final major subdivision approval of September 11, Nicholas Braco, Applicant, and Mitchel Ardman, P. E., appeared and were sworn. Open to public. Mr. Ardman explained the proposal stating that the farm lot is part of the Hillsborough Chase major subdivision application approval. The lot is classified as an estate lot under the cluster provision and contains acres. Mr. Ardman further stated that they have received Somerset County approval for the minor subdivision. Mr. Ardman stated that they would comply with the comments of Mr. Zelina in his report of September 4, Mr. Merdinger questioned the impervious surface requirement for this parcel. Mr. Ardman explained that the impervious calculation for this lot is 12.5% and the zone calls for 10%; however, the approved percentage for the cluster subdivision was 35%. Mr. Merdinger felt that a variance should be requested for impervious surface for this lot. The Applicant agreed. Close to public. 3

4 A motion to approve the application of Hillsborough Chase for a minor subdivision with a c bulk variance for impervious coverage and compliance with the comments of Mr. Zelina, Board Engineer, was made by Mr. Merdinger, seconded by Mayor Sireci. Roll call: Mr. Pugh yes; Ms. Chaucer-Levine yes; Ms. Winters-Mineo yes; Mr. Stafford-Taylor yes; Mr. Conard (#1) abstain; Mr. Suraci yes; Mr. Merdinger yes; Mr. Burchette yes; Mayor Sireci yes; Chairperson Fenwick-Freeman yes. Motion carries. Canica, Joseph File #04-PB-1-MR Block 67, Lot 17 New Camplain Road Minor Subdivision Michael Friedman, Attorney for the Applicant, appeared and summarized the application. He explained that the proposed minor subdivision is to construct a residential dwelling on half of the property. Site plan was approved in July of 1998 for an existing warehouse facility on the property which the Applicant operates for his contracting business. Property zone line splits the lot with part in the I1 zone and part in the RA zone. Variance requested for lot area for the proposed residential lot due to zone line location. Open to public. Joseph Canica, Applicant, appeared and was sworn. Testimony of Mr. Canica: Resident of Hillsborough since 1987 Summarized his concrete business operations and site conditions Proposal for subdivided lot is to construct a single family dwelling for himself Mr. Pugh asked if the owner of adjacent lot 16 had been contacted regarding purchasing a portion of the lot to bring the lot into compliance in the RA zone. Mr. Friedman responded that they had not. John Cilo, P.E., appeared and was sworn. Mr. Cilo presented his qualifications which were accepted by the Board. Testimony of Mr. Cilo: Compliance report submitted to Mr. Zelina dated May 18, 2004 which is in response to Mr. Zelina s April 8, 2004 letter. Summarized unique features of the lot for location Proposal is to split lot along zone boundary line with 1.66 acres for Lot 17 in the I1 zone (1 acre required) and 1.27 acres for Lot in the RA zone (2 acres required) Ten trees will be removed and 32 will be added. Proposed residential dwelling will be serviced by public water and sewer and will be no larger than 50 x 50 footprint LOI received for wetlands On site retention basin sized for 100 year storm Mr. Zelina reported that the Applicant has responded to all of his comments. Mr. Pugh asked if Mr. Cilo had considered an alternate location for the dwelling. Mr. Cilo stated that the house could not be relocated on the property due to the restrictions of the LOI and the Township ordinances. 4

5 The Board questioned the need for subdivision. Mr. Cilo explained that this proposal would put the two lots in the proper zone and be more in conformance with Township ordinances. Mr. Merdinger stated that the application follows a logical progression in that it is creating a residential lot in the residential zone and a lot for the industrial use in the light industrial zone. Variance Requested: Lot area for proposed lot (1.27 acres where 2 acres are required) Nancy Weaver-Smith, P.P., appeared and was sworn. Ms. Weaver-Smith presented her qualifications which were accepted by the Board. Testimony of Ms. Weaver-Smith: Surrounding lots smaller than proposed lot Proposal to place subdivision line on the zone since moving the line in either direction would not alleviate the need for a variance. C-2 variance with planning benefits outweighing the detriments and the positive criteria being that this proposal follows the Master Plan and zone plan of Hillsborough Township in creating the subdivision line directly on the zone line which is the intent of the plan. Proposal will separate the two uses, industrial and residential. Environmentally, this application follows the new NJDEP guidelines with the preservation of the trees and wetlands. Driveway will be stone Mr. Pugh again asked if the Applicant had contacted adjacent property owner to purchase additional land. Ms. Weaver-Smith stated that she had no knowledge of that. She also stated that moving the lot line to make the residential lot more conforming would change the intent of the zone plan to segregate the industrial zone from the residential zone. Ms. Chaucer-Levine asked if the Applicant was willing to look into the purchase of additional land. Mr. Canica stated that he was not prepared to purchase additional property and felt that the 1.27 acres was sufficient. Mr. Stafford-Taylor stated that the proposed residential lot is larger than the residential lots in the area. Comments of Mr. Zelina: Clarification of impervious coverage calculation since the driveway will be changed to stone. It was reported that the impervious surface for the residential lot would be under 10% and no variance would be required. Mr. Zelina did a rough impervious calculation and reported that the driveway, as configured, would be approximately 4.5% impervious surface and, adding the 4.8% for the dwelling, the impervious surface would be under 10% maximum impervious coverage allowed. Section requires a buffer between non residential and residential uses. The new plan provides for planting of spruce trees at the rear of the property line. To meet this requirement the trees should be placed in a conservation or buffer easement. Suggestion to place the buffer on the non residential side of the property. Applicant agreed. Close to public 5

6 A motion the approve the application of Joseph Canica, File #04-PB-1-MRV, for a minor subdivision, as presented, with a variance for lot area and the relocation of the buffer to the industrial lot, was made by Mr. Stafford-Taylor, seconded by Mr. Conard (#1). Roll call: Mr. Pugh no; Ms. Chaucer-Levine yes; Ms. Winters-Mineo yes; Mr. Conard (#1) yes; Mr. Stafford-Taylor yes; Mr. Suraci yes; Mr. Merdinger yes; Mayor Sireci yes; Chairperson Fenwick-Freeman yes. Motion carries. CORRESPONDENCE ADJOURNMENT A motion to adjourn was made by Mr. Merdinger, seconded by Mr. Conard (#1). All members agreed. Motion carries. The meeting adjourned at 9:00 p.m. Submitted by, Darlene Reed Planning Board Clerk 6

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