April 19, 2011 Planning Board

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 Planning Board was called to order by Chairman, Steven Ranson at 7:01 PM with the following members present: Joseph Petsch, Harold Atkinson, John Melleady, James Mentzer, Jim Rohrer, Anthony Gaetano, Alt.1-Jason Brandt and Vito Genna. Attorney B. Michael Borelli and Engineer, Jim McKelvie are present.

Absent: John Bruno.

Chairman, Steven Ranson led in the flag salute. Mr. Ranson announces that the meeting was being videotaped and may be broadcast on Channel 9. Mr. Ranson states that Alt. 2-Jason Brandt is seated in the absence of Mr. Bruno.

Minutes Resolution Secretary’s Report PB11-1 The Hutton Co. B5002 L5 Minor Subdivision 1 new lot Dutch Mill Road Correspondence Adjourn

Minutes Upon a motion by Mr. Petsch, seconded by Mr. Atkinson, all in favor, to approve the Minutes of the 3/15/2011 meeting as submitted. Motion passed.

Secretary’s Report Upon a motion by Mr. Atkinson, seconded by Mr. Mentzer, to approve Secretary’s Report in the amount of $1,293.00 for the month of March, 2011. RCV: Mr. Petsch, yes; Mr. Atkinson, yes; Mr. Melleady, yes; Mr. Mentzer, yes; Mr. Rohrer, yes; Mr. Gaetano, yes; Mr. Brandt, yes; Mr. Genna, yes; Mr. Ranson, yes. Motion passed.

PB11-1 The Hutton Co. B5002 L5 Minor Subdivision 1 new lot Dutch Mill Road Mike Albano, Esquire states he is representing the Hutton Company and Ahmed Tamous, Engineer is present. The Hutton Company owns the land and wants to cut off a lot. Subdivision meets all requirements, no variances required, no notice is required, and applicant asks for lot depth to width ratio waiver.

Ahmad Tamous, Engineer states they were before the Board in 2008/2009 for the Hutton Company dollar store and now we propose 4 acre subdivision into two and ask for waiver of lot depth to width ratio waiver.

Jim McKelvie, PB Engineer recaps his April 12, 2011report. Under page 2, T 4 right-of-way width for township streets should be and Dutch Mill Road 8 ½’ future road widening easement on page 3 # 5, 2.8 vs. 2.5 for lot depth to width ratio, accurate, easements and deeds must be submitted.

Mr. Atkinson states when 2 commercial sites come in, would there be cross easements. Mr. McKelvie states cross easements would be taken care of at time of site plan application.

Mr. Albano states that applicant would provide cross easements, will come in and ask for them. Mr. McKelvie states it can be but if the adjoining property did not want to provide cross easements, there could be a problem. Mr. Albano states they will eliminate a driveway. Mr. Atkinson asks with new ownership, new Hutton Company, and sale to Family Dollar then will they put cross easements into the deeds.

Mr. Borelli states upon issuance of Hutton Co. Mr. Albano states he would put this in the deed, and they will own both lots. Mr. Borelli asked if road widening easement is shown. Mr. Tamous states it will be shown on the amended plan.

Mr. Atkinson asks about dead trees being replaced at the dollar store, as mentioned this to the Zoning Officer. Mr. Albano states this is first he has heard this, but will check into maintenance and states the maintenance bond should still be in place.

Mr. Gaetano questions widening road and if you have easement to widen for traffic. Mr. McKelvie states it is in the ordinance we are allowing the Township with the property to widen the road, and I Mr. Albano states it would be a ta

Upon a motion by Mr. Petsch, seconded by Mr. Brandt, to approve PB11-1 Minor Subdivision with right-of-way, cross easement to be added, and waiver of lot depth to width ratio.

Resolutions Upon a motion by Mr. Atkinson, seconded by Mr. Melleady, all in favor, to approve Resolution: PB08-13 Frank Wasko. Motion passed. Amended Master Plan

Upon a motion by Mr. Atkinson, seconded by Mr. Petsch, all in favor, to open the public portion. Motion passed. Mr. Borelli states that Lynne Rafuse, Secretary did provide notice and stated that no one came in to office to review plan. Mr. Borelli acknowledges and welcomes Barbara Ciancaglini in the audience, and notes it has been quite some time.

Upon a motion by Mr. Petsch, seconded by Mr. Melleady, all in favor, to close the public portion. Motion passed.

Mr. Borelli announces this is the public hearing for the Master Plan Amendment. There are certain changes in zoning for property recommended. The only notice required is for notice tonight. In the interim, The Pinelands Commission sent in a copy of their Comprehensive Master Plan to provide clustering in PAP zones and sent copies of proposed ordinance. Mr. Borelli states we can forward that to the Township Committee, we are required to go along with the CMP Plan. Still have 3.4 density, 2 or more houses on 3.4 acres on dwelling. Pinelands CMP, timing is good as it is mentioned in the Master Plan Amendment plan. Mr. Borelli states we do have ordinances for Energy and we could amend and would have to consult and not re-notice. Unless there are any questions, there is no one in audience to question so there is no need for formal review as this has been reviewed.

Mr. Brandt asks about clustering. Mr. Borelli states they have a homeowners section in this, the only thing we are doing is recommending the clustering for Pinelands. Mr. Brandt asks how much latitude does the Township have. Mr. Borelli states they have a lot of latitude, we would have to approve, send it to Pinelands for them to review and approve. Mr. Brandt asks what kind of septic systems are required.

Mr. Borelli states it should be sent to Township Committee. Mr. Atkinson states in review, he sent out summary of Ordinance Review Sub-committee where he e-mailed all Planning Board members on Energy and Mr. McKelvie sent in a few model ordinances. Mr. Atkinson states Mr. Borelli has enough information to draft an ordinance.

Mr. Borelli states he does not know where you want to have commercial farms, should not be in MV Commercial zones. In Residential zones they should not be in front yards and keeping a side yard setback. Solar panels in commercial with a percentage of electric to be used by homeowner and then selling off the rest. Mr. Atkinson suggested no clear cutting just to have solar panels and further states the only area we did not discuss was the B Business zone, it used to be heavy manufacturing zone. B zone is to be a multiple use zone. Mr. Melleady states they are not attractive but they are taking energy demand off of foreign countries, and asks is this taxable? Mr. McKelvie states it was not decided at this point. Mr. Petsch once you connect them together what some Boards and company are negotiating for a payment in lieu of. Mr. Melleady states assessment the realtor would base it on income. Mr. Borelli states farm can use 10% for solar and still maintain farmland preservation. Mr. Atkinson asks if it is a detriment to zoning plan. Mr. Petsch states he is unaware of pros and cons of B district; he heard was better use of B gravel pits would there be a way to use this to recover a gravel pit, what would be better than walking away from gravel pit. Mr. Atkinson states they can always go to the Zoning Board and ask for a variance and provide for it in the zone plan, better teeth to provide certain reasons, where we have a good case. Mr. Borelli states we could target specific areas and not spot zone, certain areas. Mr. Melleady states any large property could be landscaped so as not to see it.

Mr. Borelli states he can do an ordinance just solar, or include anaerobic and wind energy. Mr. Atkinson states windmills were touched upon, and height should be limited to certain height. Mr. Borelli states there is a noise issue with windmills. Mr. Gaetano questions property tax and farmland assessment. Mr. Atkinson asks if they still have to produce farming dollars, and if they changed it to 100% solar would they lose their farmland assessment. Mr. Atkinson states assessed at market value. Solar Panels no one knows if taxed, no ruling as yet. Mr. Brandt asks if it is not assessed only on the structure. Mr. Melleady states Tax Assessor may have to change way to assess, on acceptable method of appraising.

Mr. Gaetano asks about waste removal, when solar panels are obsolete, disposal. Mr. Atkinson states it would require maintenance plan such as mowing grass, under solar arrays. Mr. Gaetano states Mr. Arsenault from Environmental Commission states runoff with solar panels. Mr. Genna questions timeline of phasing plan to construct. Mr. Atkinson addressed enough concerns to draw up. Mr. Brandt delineate difference of commercial and residential or principal an accessory use. Mr. Gaetano states farm is 110% of plan for any commercial or residential. Mr. Petsch states we are talking of solar farms, they sell off produce, co ABC wants to put in plant with solar and use 50% and sell off 50% 7:56PM. Mr. Borelli states it would be much like a side business, would lean toward commercial rather than individual. Mr. Petsch states he has 10 acres which has all buffers but doesn’t have 20 acres. Mr. Borelli states that is where the variance would come into place. Mr. Gaetano states his concern for power lines. Mr. Borelli states target certain areas which are larger sizes, try not to spot zone, where it may be cleared. Mr. Ranson asks how to proceed with motion. Mr. Borelli states we need a motion to adopt the amendment to the Master Plan and ask to incorporate energy if so desired.

Upon a motion by Mr. Mentzer, seconded by Mr. Melleady, to adopt the Master Plan Reexamination Plan.

NOTE: Next month review Pinelands CMP plan.

Correspondence Mr. Borelli states he sent letter regarding garage height and feels w can take garage height to the peak. Mr. Melleady states slab height where grade can be changed. Mr. McKelvie has seen it from the centerline of the street. Mr. Borelli states height from ground to peak, just rubber stamping it.

Mr. Mentzer suggests keeping it simple, garage height from ground to peak. Mr. Brandt comments then home height should be changed.

NOTE: Next ordinance review committee look at height of both garage and residence.

Recreation fund Re-allocation Mr. Petsch states Township Engineer stated Roller Hockey were allotted money and instead of using for intended use, now Township Engineer reviewed it and found that 24” anchors will penetrate cap. Not opposed to reallocation, but feel they have to look at different proposal or come back with different anchoring system. Upon a motion by Mr. Petsch, seconded by Mr. Melleady, all in favor, to table Roller Hockey.

5/5/11 Letter Youth Hockey Mr. Petsch states $4-5,000.00 (lowest bid), this is a request for a shed request for additional funds is over and above monies they were allocated, remaining recreation funds are already earmarked for other purposes. Mr. Petsch does not believe the Township is giving more funds to Midget Football. There is a considerable amount of money out there they are trying to recoup at $40.00 per month. Perhaps either the Planning Board Solicitor or Township Committee Solicitor could have conversation with the Judge for restitution money to be escalated. If we were to allocate additional funds this could start a waterfall effect, where money is already earmarked for other projects. Board members agree.

Upon a motion by Mr. Petsch, seconded by Mr. Gaetano to deny request for Delsea Knights midget football for additional money but will help Midget football going back through the courts to recoup monies.

Letter on Lighting funds to reallocate and get additional funds to proposed fitness equipment from their own budget. It was approximate amount and they have raised it. Mr. Petsch states the answer is no, they are not getting additional funds, they are reallocating their own money. 8:30PM.

Upon a motion by Mr. Brandt, seconded by Mr. Genna, all in favor, to approve reallocation of funds previously earmarked for lighting to reallocate to Fitness equipment, and no additional funds.

Correspondence Pinelands newly elected appointed officers seminar 5/25/11 Pemberton Township Historic Preservation Conference @ Monmouth Univ. 6/3/11

Adjourn Upon a motion by Mr. Petsch, seconded by Mr. Genna all in favor, to adjourn the meeting at 8:33PM.

Respectfully submitted,

E. Lynne Rafuse, Secretary Planning Board, Township of Franklin