Absent: Roger Duerr, Patricia Knobloch, Community Development Director

February 16, 2010 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 Sam Gorrell at 7:00 PM with the following members present: Patrick Dougherty, Joseph Petsch, John Melleady, Steven Ranson, John Bruno, James Rohrer, Vito Genna, and Alt. 1-Anthony Gaetano. Absent: Roger Duerr, Patricia Knobloch, Community Development Director Mr. Gorrell led in the flag salute.

AGENDA Minutes Secretarys Report Resolutions SP09-18 Tracey Falisi B5001 L6 Site Plan Waiver Delsea Drive SP09-16 Vargo Assoc. B2103 L43 Preliminary/Final Site Plan Delsea Drive Closed Session-Litigation Update

Mr. Gorrell seats Mr. Gaetano in the absence of Mr. Duerr.

Mr. Gorrell asks for a moment of silence in honor of Marsha Dougherty, who passed a few weeks ago, she will be missed.

Mrs. Rafuse read into the record the resolution honoring Marsha Dougherty. Upon a motion by Mr. Petsch, seconded by Mr. Melleady, all in favor, to approve Resolution honoring Marsha Dougherty. Motion passed.

7:08PM Roger Duerr enters and is seated.

Minutes Upon a motion by Mr. Melleady, seconded by Mr. Petsch, all in favor, to accept the Minutes of the 1/19/2010 Minutes with the following abstentions: Mr. Gaetano, Mr. Rohrer, and Mr. Genna.

Secretary’s Report Upon a motion by Mr. Petsch, seconded by Mr. Ranson, to approve Secretary’s Report in the amount of $0.00 for the month of January 2010.

Resolutions Upon a motion by Mr. Petsch, seconded by Mr. Melleady, all in favor, to approve Resolution: PB09-1 Marchesano for Minor Subdivision. Motion passed.

Correspondence No Action Required

SP09-18 Tracey Falisi B5001 L6 Site Plan Waiver Delsea Drive Tracey Falisi of 561 Taylor Road is sworn in and states she wishes to have Site Plan Waiver for Toni’s Treats to move to this site.

Mr. Gorrell states Mrs. Knobloch will not be here due to emergency with father. Mr. Borelli states he can summarize Mrs. Knobloch’s report.

Mr. Petsch asks if this is a commercial application and if so, shouldn’t she be represented by counsel. Mrs. Rafuse states that Tracey Falisi submitted application as an Individual (not a Corporation) which does not require representation.

Mr. Borelli summarizes Mrs. Knobloch’s report. Mr. Borelli questions if ZB8-95 was granted or denied. Mrs. Rafuse will look into that. 7:13PM. Mr. Borelli noted bulk Variances, which are pre-existing. Mr. Borelli states the Board is deciding whether Site Plan Waiver under Section 253-33G or Board may waive when details on plan if applicant can show there is no negative effects. Board shall on advice of advisors provide adequate welfare at decide whether we need professionals to decide Site Plan or approve Site Plan Waiver.

Ms. Falisi asks if Board members have her plans. Answer-yes. 7:17PM.

Mr. Gorrell states No Further Action letter was on the Glass Company. Ms. Falisi states it was C & S Glass Company and that NFA letter stated there is no further contamination. Mr. Melleady asks if NFA letter is sufficient in lieu of Phase 1. Ms. Falisi states yes all tests have been done and cleared. Mr. McKelvie, PE states that the DEP has issued letter of that type they are comfortable with site and not concerned. Mr. McKelvie states he has not reviewed this and would be concerned. Mr. Melleady asks if NFA letter takes liability off Board and Township. Mr. McKelvie states legally he would defer to Solicitor.

Mr. Borelli states not necessarily, there are 2 clauses in letter: the Department relies on NFA letter from C & S Glass Co. certified letter and the other. Mr. Duerr interjects that it doesn’t say what remediation was. Mr. Borelli states this is based upon what they are told from C & S.

Ms. Falisi states all tests were sent to the State of NJ and also Wendy at the Board of Health has information; Matthew Dibbs of DEP also can be contacted for verification. 7:20PM.

Mr. McKelvie states the Planning Board likes to have Environmental Professional review in order to keep professionals honest for Township satisfaction.

Mr. Petsch asks if there is anything else other than NFA as to conversation with Mr. Dibbs from DEP- anything in writing about restaurant; is concerned that no documentation connecting the NFA letter from Glass Company to this guys comments, any follow-up letter. Mrs. Rafuse states this is everything in the packet, Mrs. Knobloch would not allow this to go further unless they had their NFA letter in order to deem application complete. Mr. Petsch says this states where no problem opening Restaurant, other than what is in her synopsis but there are no supporting documents from DEP connecting piece between NFA from C&S and dated letters, when did State provide letter. Mrs. Rafuse states office received January 11, 2010. Mr. Petsch states the State dated this February of 2009, there is a void here. Mr. Petsch asks if there is any documentation. Mrs. Rafuse states she has no other documentation but what is presented. 7:23PM.

Upon a motion by Mr. Melleady to open the public portion. Motion stalled. Mr. Gorrell asks to hold up and asks Mr. Borelli if this DEP letter in only for outside. Mr. Borelli states it does not address building interior and this was not limited to Radon, Asbestos and Lead. Mr. Borelli states this was a gas station in the 50’s, unsure of history. Mrs. Rafuse states approvals date back to 1969-granted manufacturer of glass, an approval in 1995 Variance to operate service station for auto repair/tire sales, and 1989 denied a gas station and ZB06-2 Billboard is pre-existing, nonconforming use and structure.

Upon a motion by Mr. Melleady, seconded by Mr. Petsch, all in favor, to open Public Portion. Motion passed. No one for question or comment. Upon a motion by Mr. Petsch, seconded by Mr. Melleady, all in favor, to close the public portion. Motion passed.

Mr. Borelli states the Board has to decide if this can be decided without professional review.

Ms. Falisi states Ed Smith owned this building and left it to his grandkids who did testing with DEP but did not pay bill and they owed money to the State. When Cenneno bought this, he also did testing with DEP and he also owed month to the DEP. Settlement money was held in escrow in order to get the NFA letter. Pegasus, Riggins and other in area were tested and cleared in the 80’s. It is not only inside, all inside walls were demolished. Ms. Falisi states she would not put food restaurant there to contaminate people and would not have bought site without the NFA letter. Ms. Falisi states the time gaps are there due to the fact the people would not pay for the testing the State performed.

Mr. Dougherty states there is a history in town with NFA problems and understands there are problems with NFA letter and understanding meaning as DEP is very vague, and we want to make sure all is right.

Ms. Falisi states she has spoken with Matthew Dibbs and others from the DEP for over a year and Matthew Dibbs stated is was not a contaminated site.

Mr. Dougherty asks where are restroom facilities on Site Plan. Ms. Falisi points out restrooms are in the right hand corner, no sinks and a 5’ radius bathroom handicapped accessible. Mr. Dougherty asks if any septic testing has been done. Ms. Falisi states they are working on that and looking at tanks.

Dave Mizenis of Franklinville is sworn in and states together with Tracey Falisi they had English Disposal out and they found a 1500 gallon tank, a seconded leach system of 1250 gallon tank and there is a 3rd-seepage pit of 1250 gallons, which is not connected that was for the drain in the floor. The first two tanks perked down.

Mr. Gorrell asks Mr. Borelli isn’t that a Gloucester County Health approval. Mr. Borelli states yes, but it may be an important issue to this Board also. Mr. Duerr asks if it is seasonal. Answer-yes seasonal. Mr. Duerr asks if they are removing oil tank. Ms. Falisi states yes the will have gas heat. Mr. Petsch states oil tank was part of heating system, not part of garage. Ms. Falisi states yes. Mr. Dougherty asks about curbing along access. Ms. Falisi states yes there is curbing and some sidewalk. Mr. Dougherty is concerned with access curbing. 7:34PM. Mr. Duerr asks if sign out front is lighted with up lights and could it be redirected to shine lights down. Ms. Falisi states they could do that. Mr. Duerr states concern to inside with no inspection and feels Riggins was not cleared by DEP. Ms. Falisi states Riggins was cleared in 1983. Mr. Duerr states that this may still be on Website with no remediation to the inside. Ms. Falisi states the inside was gutted and new sheet rock was put up. Mr. Duerr was concerned with floor and Radon. Ms. Falisi states she is pouring a new floor.

Mr. McKelvie states there are various reports, remedial investigations and remedial action in accordance with DEP requirement, but we don’t know what has been done to the site, we haven’t seen it or to the interior of the building.

Mr. Melleady is more concerned with environmental issues and would like to work with the applicant.

Mr. Dougherty agrees with Mr. Melleady, just need clarification & testing done and is more concerned with a more complete site plan waiver and realize difficult and tight site but on major corridor just looking through the Engineer notes they are asking for 27 waivers. Mr. Dougherty is very concerned with no way for our Engineer to make suggestions to make it beneficial to you, would hate to see conflict down the road, very concerned with no engineer review and the request for 27 waivers. Mr. Dougherty states he is very pro- business and is very concerned that a plan is created to work for you and the Town, there is a very dangerous curve and is concerned without feedback from professionals. Mr. Duerr agrees.

Mr. Borelli states applicant can still ask for waivers based upon both Engineers, rather than lay people, not experts in the area deciding whether it should or should not be waived.

Mr. Dougherty states our professionals work very well with applicant’s engineer to iron out details as to not ask for as many waivers. Mr. Dougherty states he we is very pro business, is excited for Tracey’s new business, wishes her success, but is just concerned with Environmental. Procedurally, there is no way to get feedback without our engineer review.

Mr. Petsch states he loves ice cream and realizes site is very tight, he has less issues with parking, but scared of Environmental piece, without overview of Engineer, understands waivers will be required but concerned with Environmental going from gas station to restaurant, very scared.

Mr. Melleady states everyone wants to work with you.

Mr. Dougherty asks if well was tested. Ms. Falisi states no, they are just starting testing. Mr. Dougherty states there are issues where septic have failed in that area. Mr. Dougherty states as Board we don’t want anything to hurt you or the Town and we have obligation to make sure site and septic is ok; we have obligation if septic can be handled, it goes back to creating site plan. Mr. Dougherty asks Tracey if she has objections to creating Site plan. Ms. Falisi states she followed all advice from Mrs. Knobloch for all plans and application. Ms. Falisi states if you parking to be relocated, she’ll do it. Mr. Dougherty states not necessary the parking, just to have official Site Plan rather than asking for all waivers; It is like opening up check book and writing blank check as opposed to getting something as to what you are paying for. 7:45PM.

Ms. Falisi states no problem, she did not have NFA so she could not be on January meeting, and letter had to wait for bill to be paid. Ms. Falisi doesn’t know what you want from DEP-they already gave the NFA letter.

Mr. Dougherty states DEP protocol-bills have to be paid, history in this town is not good, they dropped ball in past, we have to follow up to make sure all is right.

Ms. Falisi has the number for Matthew Dibbs. Mr. Dougherty asks if Tracey feels comfortable in doing a Site Plan.

Mr. Petsch is concerned with Environmental aspect, we have 1 person from the State on phone call stating no problem with restaurant, then you flip back to end and notice is for outside of building not the inside. Mr. Petsch states it seems every time you call the State, you get different answers.

Ms. Falisi states that the contamination in question was additive put in gas dropped onto the ground, Riggins also had same contamination, unsure of what she can get in writing. Mr. DeCesari suggests it may be a matter or paperwork. Mr. Bruno asks if it is seasonal. Ms. Falisi states yes it is seasonal. Mr. Duerr asks what type heat. Ms. Falisi states gas heat.

Mr. Dougherty states they are not trying to put the burden onto Tracey, just asking you to come up with Site Plan, we will have our Engineer contact DEP.

Mr. Petsch states there could be a motion to deny this Site Plan Waiver or if she withdrew applications and went back to do full Site Plan, what is quickest way or best way to expedite what starts clock again. Mr. Borelli states that it will not take time either way, Tracey will go to Engineer to do Site Plan, either way she starts tomorrow with turnaround time.

Mrs. Rafuse states she just spoke with Mrs. Knobloch on the phone and she said that the NFA letter stated there are no restrictions whatsoever from DEP and Matthew Dibbs stated if need be he would also write an additional letter.

Mr. Petsch states report is in black and white, it is not on inside but appreciates effort of call. Mr. Dougherty states overall picture with Mr. Borelli conferring with Engineer could solve problem. Ms. Falisi asks if they can start any other renovations. Mr. Borelli states you may at your own risk and start Site Plan process. Mr. Melleady sees no problem with demolition. Ms. Falisi states she has a demo permit.

Mr. Borelli states the sooner the Engineer can get paperwork done, the sooner we can get back to Board. Ms. Falisi states he can do that tomorrow.

Mr. Dougherty states we have to deny this Site Plan waiver and then you apply for full Site Plan. Mr. Petsch asks Mr. McKelvie is he isn’t buy so this can be turned around quickly. Mr. McKelvie states he will turn it around as soon as possible when Mrs. Knobloch deems application complete. Mr. Dougherty states Mrs. Knobloch is not that busy, everything has slowed down. Mr. McKelvie does not know how long Mrs. Knobloch takes for review for turnaround. Mrs. Rafuse states Mrs. Knobloch reviews applications/plans very quick. Mr. McKelvie states this is basis for a good start of a Site Plan. Mr. Dougherty states we can turn this around quickly.

Ms. Falisi asks if this means she has to do all notices and newspaper notice again and go to another meeting? Mr. Borelli states that is the whole process we have been talking about.

Upon a motion by Mr. Dougherty, seconded by Mr. Duerr to deny Site Plan Waiver for SP09-18 Tracey Falisi for Site Plan Waiver. RCV: Mr. Dougherty, yes; Mr. Petsch, yes; Mr. Melleady, yes; Mr. Bruno, no; Mr. Duerr, yes; Mr. Rohrer, yes; Mr. Genna, yes; Mr. Gaetano not seated, Mr. Ranson, yes; Mr. Gorrell, yes. Motion denied

SP09-16 Vargo Assoc. B2103 L43 Preliminary/Final Site Plan Delsea Drive Tara Vargo, Esq. is representing Vargo Associates for Preliminary/Final Site Plan Delsea Drive. This is for a second business office to add to site on which a business is currently existing.

Steven Filippone, PE, PP. CME of EDA is sworn and states that Tara Vargo’s Law Office is on this site, Mike Vargo moved out of this office a while ago, but recently moved back in and the use is tight. Mr. Filippone describes lot from rear where stoned area will be staging area, then a parking lot for combined use of both offices. There will be a driveway 24’ wide to get to both buildings. There is an 8’ change of grade going back to Conrail, basin will go to the front, it will drain well, have sod, and will be a nice landscaped basin. Properties are buffered by hedges and supplemented with landscaping as well. Relief: 2 variances: 1-lot frontage 150’ required vs. 120’ existing and Lot area 1.5 acre required vs. 1.2 acre existing, the other 2 are for relief parking is 2’ and for fence waiver around basin and they will make more landscaping. The Vargo’s have been here 8 years, they feel they do not need a trash enclosure, they recycle and they only put out one trash can a week. Mr. Filippone states they placed 4 lights and agree to lower from 20’ high down and can eliminate one light. Mr. Filippone provides architectural drawing of the building, it may be 22’ high, no second story, just dormers for looks. Mr. Filippone states there is puddle of water at driveway after a rain, they will correct this situation that DOT created, with a storm-water inlet drain.

Mr. McKelvie recaps his 1/12/2010 report: Page 5 # 16 & 17 adjoining lots 42 and 44 are determined to be pre-existing residential uses, buffer requirements, and would include landscaped buffer strips, variance requested. Mr. Filippone would like to eliminate this. Lighting: Mr. Filippone states he would lower lighting, glare will be minimized. Rest of comments are outside government agencies.

Mr. Borelli asks if Mr. McKelvie stated sidewalks and curbs. Mr. McKelvie states no he did not mention those, but Mrs. Knobloch is correct in her review. Mr. Borelli states Mrs. Knobloch stated Architectural Review should look at Architectural plans.

Upon a motion by Mr. Ranson seconded by Mr. Petsch, all in favor, to open public portion. Motion passed.

Paula Pilitowski, has Power of Attorney for Mother, Mrs. Lucas, is sworn in and states that mother feels that lot is bigger and that she has proper setbacks if she every wishes to sell it she wants to know if all her setbacks are proper. Mr. Filippone states the owners are surveyors and feels that if anyone would have a good survey, it would be them.

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

Mrs. Vargo states all notices were done, and they also sent notice for selling or buying to either adjoining property owners and neither were interested. Mr. Carr (adjoining neighbor) came to office and looked at plan and had no issues.

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

Ms. Pilitowski states she did get notice 5 days prior, she works, they were going to sell property, they were down to the wire, now her mother will not sell a part of it.

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

Mrs. Vargo states that they have waivers of expansion of pre-existing non-conforming commercial site, parking setback due to widening parking to make it more safe. This is a good appropriate use and the benefits outweigh any detriments. Mr. Petsch states trash enclosure came up in both reviews and sees no need for trash enclosure due to testimony of recycling. There is no need for fence at shallow basin, ok for waiver, tradeoff is to get vehicle maneuvered around.

Mr. Duerr questions lighting, agrees with Mr. Petsch, asks which light will be eliminated. Mr. Filippone states 4 lights will go down to 3 lights. Mr. Duerr states with full cutoff lights, will it be motion detector or timer. Mrs. Vargo states it can be on timer or motion detector. Mr. Duerr asks if lighting could go internally on site. Mr. McKelvie states problem with internal they will not be shielded, where if they were on side they will be directed to site.

Mr. Bruno states they could have some motion detector on security and other lights which could turn off at 10:00PM

Upon a motion by Mr. Melleady seconded by Mr., Duerr, to approve Preliminary/Final Site Plan based on pre-existing conditions, both Engineers and Planners reports (Mr. Filippone is in agreement with both reports).

Mr. Gorrell announces that we will take a 5 minute recess, and then enter closed session for litigation update, there will be no action taken and once we return from the closed session we will adjourn the meeting.

8:30 PM 5 minute recess. 8:35 PM Recess Over, Board enters Closed Session-Litigation Update 8:57 PM End Closed Session. Regular meeting portion resumes. Upon a motion by Mr. Melleady, seconded by Mr. Petsch, all in favor, to re-enter public portion. Motion passed.

Adjourn Upon a motion by Mr. Petsch, seconded by Mr. Dougherty, all in favor, to adjourn the meeting at 8:58pm.

Sincerely,

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