February 3, 2009 Zoning Board of Adjustment

February 3, 2009 Zoning Board of Adjustment Pursuant to the “Open Public Meeting Act,” The Sentinel and the Gloucester County Times were notified of this meeting. A public notice was posted in the Municipal Building. The meeting of the Township of Franklin Zoning Board of Adjustment was called to order by Chairman, John Gravenor at 7:31 PM with the following members present: Rich Iglesias, William Dalessandro, Fred Schiavone, Dennis Dittmar, Dakar Ross, Dana DeCesari, Alt. 1-Kevin Kelton, and Alt. 2-William Lahn. B. Michael Borelli, Solicitor and David Battistini, Engineer were present. Patricia Knobloch, Community Development Director, and Robert Errera, Zoning Officer were absent. Mr. Gravenor led in the flag salute. AGENDA ZB08-19 New Cingular Wireless B1001 L50 D Variance/Preliminary Final Site Plan Coles Mill Road ZB08-20 New Cingular Wireless B5602 L24 D Variance/Preliminary Final Site Plan Dutch Mill Road Minutes Resolutions Secretary’s Report Correspondence Adjourn Minutes Upon a motion by Mr. Dalessandro, seconded by Mr. Iglesias, all in favor, the minutes of the January 2009 meeting were approved as mailed with corrections duly noted by Mr. Kelton and Mrs. Rafuse. Motion passed. ZB08-19 New Cingular Wireless B1001 L50 D Variance/Preliminary Final Site Plan Coles Mill Road Mr. Borelli states all papers are in order. Alternates, Mr. Kelton and Mr. Lahn are not seated as a full Board is present. Christopher Quinn, Esquire representing both New Cingular Wireless applications states on ZB08-19, they are proposing to replace 1 antenna and add 2 cabinets: 13’4” x 7” and 16’ x10’ Equipment cabinets in far back corner is secluded. Mr. Quinn states application is for D2 Use Variance and Preliminary/Final Site Plan approval. Board members concur that site is secluded. Mr. Quinn states this is to add 2 cabinets and take 1 out. David Battestini, Zoning Board Engineer recaps his 1/26/09 report, no impact on grading and drainage, they requested several site plan waivers and have no problem with granting waivers. Mr. Battestini states that Mr. Quinn said they would remove tower if abandoned and have no objection. Site is surrounded by woods, power supply exists and they could tie into existing, no supplemental power. They propose to replace existing equipment cabinet and expand existing concrete pad. Application requires use variance for expansion of non-conforming use. Mr. Battestini would defer to Planner for Use variance comments. Craig Zeidman, PE of Dewberry Goodkind, Inc., 133 Gaither Drive, Mt. Laurel is sworn in and state he is applicant’s engineer and they will use spare power at existing tower. Existing facility consists of 6 antennas at 170’ high on existing 190’ high tower and related equipment of 16’10” x 7” concrete pad. Mr. Zeidman states there is a 6 meter which there are 600 amp not even touched. Upon a motion by Mr. DeCesari seconded by Mr. Dalessandro, all in favor, to open public. Motion passed. No one for question or comment. Upon a motion by Mr. Iglesias, seconded by Mr. Dalessandro, all in favor, to close public portion. Motion passed. Mr. Borelli states Mrs. Knobloch’s review issues have been addressed. Upon a motion by Mr. Dalessandro, seconded by Mr. Schiavone, to approve ZB08-19 conditioned on all Engineer and Planner reports and abandonment clause. Roll Call: Mr. Iglesias, yes; Mr. Schiavone, yes; Mr. Dittmar, yes; Mr. Ross, yes; Mr. Dalessandro, yes; Mr. DeCesari, yes; Mr. Gravenor, yes. Motion passed. ZB08-20 New Cingular Wireless B5602 L24 D Variance/Preliminary Final Site Plan Dutch Mill Road Mr. Borelli states all papers are in order. Christopher Quinn, Esquire representing applicant states that this is at 178’ height, actually cleaning antenna, to replace 3 of 12 panel antenna which goes from 15 (existing) down to 12 (proposed), getting rid of whip antenna, and add one cabinet inside existing indoor shelter. Mr. Kelton asks if equipment cabinets have been there. Mr. Borelli reads from resolution prior tower application was originally approved in June of 1995, yes tower existed. Mr. Quinn states it is a Variance for continuation of non- conforming use, not adding any new use. Mr. Iglesias questions number of antenna. Mr. Quinn states at 179’ high, there are 12 antenna panel in addition to that there are three whip antenna there, now they will take down 3 whips and replace 3 panel antenna, slightly larger but resulting in a net reduction of 3 with total of 12 antenna. Mr. Battestini, Zoning Board Engineer recaps his 1/29/09 report. Existing cell tower has antennas at approximately 178’ above grade level. Existing site appears to have non-conforming conditions of building height and equipment area. Applicant proposes to replace existing antennae at current height and install upgraded equipment in indoor shelter which currently exists. Application requires use variance for expansion of non- conforming use. Board may consider an abandonment/removal clause in event facility becomes obsolete. Mr. Battestini states applicant should testify to the blending of facility with surrounding environs and would have no objection to waivers as requested. Mr. Kelton comments if Engineer includes pictures on a normal presentation. Mr. Battistini states yes. Mr. Kelton states he likes this. Mr. Gravenor asks Mr. Borelli about Mrs. Knobloch report. Mr. Borelli states Mrs. Knobloch’s report issues were addressed. Mr. Iglesias asks if electric is DC powered. Mr. Quinn states AC power, which the power is existing. Upon a motion by Mr. Dalessandro, seconded by Mr. Schiavone, all in favor, to open public portion. Motion passed. Upon a motion by Mr. Dalessandro, seconded by Mr. DeCesari, all in favor, to close public portion. Motion passed. Upon a motion by Mr. Dalessandro, seconded by Mr. DeCesari, to approve ZB09-20 conditioned on all of Engineer and Planner reports and abandonment clause. Roll Call: Mr. Iglesias, yes; Mr. Schiavone, yes; Mr. Dittmar, yes; Mr. Ross, yes; Mr. Dalessandro, yes; Mr. DeCesari, yes; Mr. Gravenor, yes. Motion passed. Resolutions Upon a motion by Mr. Schiavone, seconded by Mr. Iglesias, all in favor, to accept the following Resolutions: ZB08-17 New Cingular Wireless-Approved; ZB08-18 Dains-Denied; ZB08-16 Kalnas-Denied. Secretarys Report Upon a motion by Mr. Dalessandro, seconded by Mr. Ross, to accept Secretary’s Report for month of January in the amount of $370.00. Extension request Sebahattin Ayden ZB08-3 B3202 L40 Use Variance Liquor store-Harding Highway from Addison Bradley Upon a motion by Mr. Dalessandro, seconded by Mr. DeCesari, all in favor, to grant 1-year extension starting from 6 month expiration. Extension request Thomas Frank ZB07-20 B3404 L1 Undersized lot Porchtown Road Upon a motion by Mr. Dalessandro, seconded by Mr. DeCesari, all in favor, to grant 6-month extension starting today based on existing Resolution. Litigation Mr. Borelli states Mr. Long said he would be willing to give this litigation to Mr. Borelli, but at last meeting Mr. Bright (Mr. Longs Associate) stated that Mr. Long wanted to keep the litigation. Mr. Borelli states in correspondence, letters from Mr. Long, stating some work being done. Mr. Borelli states Mr. Long is not willing to make that call on litigation without a vote from the Board. Upon a motion by Mr. Schiavone, seconded by Mr. Iglesias, all in favor, to have Mr. Borelli follow up on litigation. Upon a motion by Mr. Schiavone, seconded by Mr. Iglesias, all in favor, to adjourn meeting at 8:12pm. Respectfully submitted, E. Lynne Rafuse, Zoning Board Secretary Township of Franklin