September 15, 2009 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 the Chairman-Sam Gorrell at 7:00 PM with the following members present: Joseph Petsch, John Melleady, Roger Duerr, Steven Ranson, John Bruno and Patrick Dougherty. Harold Atkinson is absent. James Winkler is in the hospital. Alt. 2-Marsha Dougherty is out due to illness. B. Michael Borelli, Solicitor and Patricia Knobloch, Community Development Director and James McKelvie, Engineer are present. Mr. Gorrell led in the flag salute.

TO REGULAR AGENDA

Correspondence

Minutes

Resolutions

Secretary’s Report

SP09-8 Antonio Fricano B5101 L26.01 Preliminary/Final Site Plan Delsea Drive ** TABLED TO SEPTEMBER**

SP09-11 The Business Group B702 L33 Site Plan Waiver Tuckahoe Road

Correspondence

Adjourn

Mrs. Rafuse states that Jim Winkler has been in an accident and is in Cooper Trauma with all his right side ribs broken, collapsed lung, neck injuries and blood on the brain and asks all to keep Jim in their prayers.

Minutes

Upon a motion by Mr. Petsch, seconded by Mr. Dougherty, all in favor, the minutes of the August 2009 meeting were approved. Motion passed.

Resolutions

Upon a motion by Mr. Dougherty, seconded by Mr. Petsch, all in favor, to approve the following Resolutions as presented: PB09-9 The Hutton Co.; PB09-4 Estates of Aretta Pederson. Motion Passed.

SP09-8 Antonio Fricano B5101 L26.01 Preliminary/Final Site Plan Delsea Drive ** TABLED TO SEPTEMBER**

Leah Vassallo, Esquire represents Nino Fricano with only 1 variance for parking setback of 13.57’ vs. 25’ and introduces Steve Filippone, Engineer who prepared plan.

Steven L. Filippone, PE, PP, CME of Engineering Design Associates is sworn in and states he has worked on this project for a couple of years. Mr. Fricano’s retail facility is next to McDonald’s, his site is La Pizza. Mr. Fricano bought a 1.2 acre parcel next door to develop into retail or professional office, only variance is for parking setback. When developing site, it was revealed that La Pizza is closer to Delsea Drive after the State took ground when they improved roads. Mr. Filippone states Mr. Brennan had a little gasoline on property years ago, an environmental consultant did Phase I and we have a no further action letter from NJDEP as there was a little gasoline showing, Phase I was required not just for area but for entire site. There is a concrete walkway joining both sites. Mr. Filippone states he has been to work session and this plan was conceptually well received. On landscaping plan, one

plan needed to be revised and this was done. This retail could be 3-4 stores and Mr. Filippone states last month we tabled application due to too many comments on the Engineers report, and we have since revised plan and addressed all comments.

James McKelvie, PE recaps the 8/10/09 Phase I Environmental review and states the applicant’s consultant had given an addendum with certifications at conclusion of report and that addressed report. Mr. McKelvie states the Engineer Report of 8/11/09 Mr. Filippone referred to a number of issue s to be addressed. Mr. McKelvie states he just received revised plan and has addressed this with a new letter dated 9/15/09. Page 2 Shed to be relocated-Mr. Filippone states it will be removed from site. Mr. McKelvie states there was a conflict between parking and driveway, requested no conflict, applicant deleted 2 parking spaces in front of Pizza site-Mr. Filippone states we meet existing sq. ft. usage. Mr. Duerr asks if that was ok. Mr. Filippone states Mr. Fricano owns both sites. Mr. Duerr asks if you are taking parking away. Mrs. Knobloch states they don’t need as much when they have shared parking. Mr. McKelvie continues page 3 # 4, plan to be revised to show loading space. Mr. Filippone states retail for small units, not anticipating tractor-trailer traffic and could prohibit tractor-trailers. Mr. McKelvie states that there should be a truck turning template to provide tractor trailer turning. Mr. McKelvie questions confirmation of emergency exits and asks if there were templates. 6-Minimum of 25 parking setback vs. 13.57’ provided. 7-Proposed setback of 8’ vs. 10’ side parking setback required. 8-Storm-water Management: Page 5, 10 spot elevations to avoid negative impacts-it may meet yard setbacks Mr. Filippone will do. 11A-Grate elevated outflow should be lowered to at least 0.1 foot below emergency weir elevation. 12C-Recommended corrective response to emergency conditions. 13-Roof drains to be delineated on plan; Cleanouts to be provided at all pipe bends. Mr. Filippone will provide. 14-Proposed storm system will connect to existing system. 18-Proposed trash enclosure will require waiver, relocate and needs to confirm location will be accessible by collection vehicles. Mr. Filippone will take a look at trash enclosure to make sure there is enough room. Mr. Petsch states his concern with trash trucks backing out. Mr. Filippone states he will have to back out into traffic. Mr. Petsch asks is there a way to have truck back into enclosure and pull straight out onto Delsea Drive. Mr. Filippone states this could be done before hours. Mr. Filippone states even though there are 2 sites, it could be combined a shared enclosure with a cross easement. Mr. Petsch states he would be in favor of a shared enclosure, but does not speak for the Board. Mr. McKelvie states Ordinance requires 6’ high chain link fence. Mr. Filippone states basin is designed shallow-2’ deep and asks Board for waiver of fence for 2’ depth. 20/21Addressed. 22-Plans revised to delete proposed retaining wall. 23-Addressed. 24-Comment lights. 25-Comment Light height. 26-Lighting fixture details for wall lights to be shown on detail sheet. 27-Addressed Security Lighting as well as hours of operation-should be noted on the plan.

Antonio Fricano of Malaga is sworn in and states hours are 11:00AM to 10:00PM for LaPizza, new store would be 7:00AM-2:00PM Therapy Business is open 3 days. Mrs. Vassallo asks what are normal hours. Mrs. Vassallo asks if they open at 7:00AM to 12:00PM midnight. Mr. Borelli states that is a discretionary issue for Board. Mr. Dougherty states in commercial area 12:00PM is ok.

Comments of other departments and other agencies were discussed, and bond deed restriction covenants need to be made public.

Patricia Knobloch, Community Development Director recaps her 8/3/09 report and states that fencing, storm-water basin, trash enclosure have been addressed. Mrs. Knobloch recommends extra landscaping around basin in plan. Mr. Filippone has added some landscaping but will provide as much as he can. Driveway crosswalk to be clearly delineated so all know it is there. Proposed sign 17’ high free standing sign meets ordinance but recommended they look at a monument sign as we have done in the Malaga Villa area. Mr. Filippone states they will have architect design a very nice monument sign to match building. Mrs. Knobloch states there is a small shed shown on plan. Mr. Filippone states they will remove shed.

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

Peter Petrovich, Defiance Road, Malaga is sworn and comments that he is surprised that storm-water basin could go that close to McDonalds leach field and he states they moved to town 7-8 years ago and notices that cemetery is not well maintained. Mr. Petrovich states he and his family have been going there picking up trash from all of the commercial areas.

Marlene Roudebush (DiMatteo) is sworn and states she owns property next door, and they have McDonalds trash and McDonalds Sewage, also they have to call to have it pumped out. Mrs. Roudebush states since McDonalds we have had increased noise, traffic and concerns of well water and septic and are suffering. The State has improved roads, but basin is stagnant, mosquito infested and we have had this property since 1954.

Mrs. Knobloch states this is a detention basin and has never been maintained it always holds water. Mr. Petsch states this is not addressed to this site, will talk of this tomorrow. Mrs. Knobloch states they have problems with system and they have not completed fencing, there is no fencing. Mrs. Knobloch states she went out there and walked site.

Mrs. Roudebush states she will now be surrounded by basins and field drains. Mr. Filippone states this basin will not impact on any surrounding lots. Mr. Filippone states that the easement was secured for McDonalds septic system.

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

Mr. Gorrell asks for comments on waiver of basin fencing and parking lot setback. 19 of Jims report 6’ high chain link fence where 2 ½’ with 4-1 slope in basin, applicant wants waiver of fence.

Mr. Melleady states he likes the idea of the overflow system. Mr. Bruno asks how much water will it hold. Mr. McKelvie states orifice is 1 year storm in 1 ft. will drain in 72 hours. Mr. Filippone states it is designed to slowly release into the State system. Mr. Petsch asks with Preliminary/Final, if motion was to approve, not concerned with waivers for fence and setback but is concerned with trash enclosure. Mr. McKelvie states either leave it up to the Engineers and Planner or only grant preliminary.

Upon a motion by Petsch, seconded by Mr. Melleady, to approve SP09-8 Antonio Fricano for Preliminary/Final Site Plan to construct retail with waiver of parking lot setback due to pre-existing condition, waiver of fence, and with the understanding that the professionals will work out the trash enclosure details and if not they will have to come back. 7:53PM.

RCV: Mr. Petsch, yes; Mr. Melleady, yes; Mr. Duerr, yes; Mr. Ranson, yes; Mr. Bruno, yes; Mr. Dougherty, yes; Mr. Gorrell, yes. Motion passed.

SP09-11 The Business Group B702 L33 Site Plan Waiver Tuckahoe Road

Robert J. Wiltsee, Esquire representing the Business Group for Site Plan Waiver - 2 waivers. Joe Garoppo operated gas station for many years. Mr. Borelli states all papers are in order.

Steven L. Filippone, PE, PP, CME of Engineering Design Associates is sworn in and states

Arun Khurana of The Business Group, 231 South Lane, Princeton Junction, NJ 08550 is sworn in.

Mr. Wiltsee understands Board does not approve many Site Plan Waivers. The Gas station was purchased in the last year. Building is 1600 sq. ft. no footprint change, wishes to take away mechanics bay and use as retail-small store.

Mr. Filippone states this is a very clean site 7.75 acres, and describes site: Gas pumps with canopy, building with 2 mechanic bays. Application is to convert 2 bays into convenience store. There is a Residential structure and a vacant garage-very clean. Pinelands gave COF for change of use, came to Conceptual, and showed parking stall, it was stated at Conceptual that we need a handicapped parking and a trash enclosure. Mr. Filippone states there will be a little change on façade of building: remove two bay doors and add brick and add a regular door, and provides picture.

Mrs. Knobloch states on 8/21/09 the applicant provided Phase I Environmental Site Assessment. The Board should determine if Planning Board Environmental Engineer is required to review. COF notes that 425 sq. ft. storage area is accessory to existing Single-family dwelling location on lot is due to nitrate solution, it is for storage of store, this need to be clarified. Mr. Filippone states they tried to have entire building converted but Pinelands said that 425 sq. ft is to be storage area only for personal space, applicant is agreeing to this. Mrs. Knobloch states handicapped parking is located adjacent to building, no business use of large garage, solid waste container to relocate to rear of building-this has been done. Outstanding issue is Phase I.

Mr. Wiltsee states in speaking with Applicant, in Phase I there was some pollution, it was minor, he has an engineer working on this into a Phase II, if Board is recommending them to look at this. Mr. Dougherty would like to have the Engineer look at the Phase I and Phase II.

Mr. Khurana states there will be security gates, no roll up security gates, just security glass, Mr. Petsch understands if your applicant wants to have DVD and Game rentals they must be rated PG. Mr. Khurano states it is just child games.

Mr. Wiltsee asks Mr. Filippone of plans for site clearing or borings. Mr. Filippone states they are not changing site, not to prepare soil borings, grading plans, this site drains properly.

Mr. Petsch states with applicant increasing retail space, all for sale will be inside except for Mother Day type flowers. Mr. Khurana states yes.

Upon a motion by Mr. Petsch, seconded by Mr. Bruno to approve Site Plan Waiver SP09-11 The Business Group as presented with all reports.

RCV: Mr. Petsch, yes Mr. Melleady, yes; Mr. Duerr, yes; Mr. Ranson, yes; Mr. Bruno, yes; Mr. Dougherty, yes; Mr. Gorell, yes. Motion passed.

Discussion-Open Space/Recreation Projects

Mr. Dougherty states at last meeting, recreation projects were discussed, since then, he met with Recreation Chairman and as advisory role of Planning Board states any recommendations will go to Township Committee for approval. The new list of projects are as follows: 1-Soccer fields-New well and water cannon. 2-Wrestling Program-Wrestling mats.3-Delsea Track- Security Lights and Delsea Weight Room-Ventilation fans in weight room and update certain gym equipment. 4-Roller Hockey-Install electric scoreboard and bleachers, replacement of plywood, posts and paint. 5-Little League 2 batting cages, scoreboards repair/replacement. 6-Train Station replace siding, roofing, install loading dock and electric service to train station. Football Field-3 sets of bleachers, expand practice field, rearrange parking area and fence end zone to woods line. Broadway Bound Players Sound System. Mr. Dougherty states he met with Mr. Daubenspeck, Recreation Chairman who stated the Sound System for Broadway Bound Players and other recreation projects were much needed such as playground equipment at football and soccer fields. 8:20PM. Mr. Dougherty states this will go out to competitive bid on all materials. Mr. Dougherty states he has been working with John Bruno in researching this material.