UPPER TOWNSHIP PLANNING BOARD
MEETING MINUTES
JULY 19, 2007
The regular meeting of the Upper Township Planning Board was held at the Township Hall, 2100 Tuckahoe Road, Petersburg, New Jersey at 7:30 p.m.
SUNSHINE ANNOUNCEMENT
SALUTE TO THE FLAG
ROLL CALL
Present: Daniel Bready, Gary Riordan, James Schroder, Donald Kissling, Renee Scrocca.
Absent: William Brown, Robert Caldwell, James Kelly, Duane Terwilliger, Curtis Corson, and Mayor Palombo.
A motion to approve the minutes was made by Mr. Schroder, seconded by Mr. Riordan, and approved. Abstain: Bready.
Application is for final approval of a proposed 9 lot major subdivision off of Dennisville-Petersburg Road, Petersburg.
James Pickering, Esquire, represented the applicants.
Joseph Maffei, Professional Engineer, was sworn in. He testified that preliminary approval was granted to Barry Wetzler, former owner of the property. Since that time Mr. Wetzler has sold the property to the current applicants.
Richard Mashura, Beaver Dam Road, Dennisville, was sworn in. He owns the property along with Charles Mashura and James Burger. He stated that they plan to demolish the existing dwelling on the property.
Mr. Dietrich testified that the applicants have started the improvements on site. The drainage has been installed and the roadway cleared. All the work has been satisfactory. The final plat conforms to the preliminary approval and meets the filing requirements.
Mr. Pickering stated that the applicant agrees to contribute $38,540.00 to the recreation fund and $7,000.00 to the fire capital improvement fund at the time of the first building permit.
The meeting was open to the public. Hearing no response the meeting returned to the board for findings of fact.
MR. RIORDAN – Mashura Burger, LLP is the owner of the property located on Dennisville-Petersburg Road in Petersburg. The block is 453 and the lots are 10 & 11.01. James Pickering, Esquire, represented the applicants. Joseph Maffei of EDA gave testimony in regards to the subdivision. Preliminary approval was obtained by Barry Wetzler. There are no variances needed. The plan is dated 5/17/07. The applicant agrees to a contribution of $38,540 to the recreation fund and $7,000 to the fire fund. There was no public comment.
MR. KISSLING – Concurs.
Mr. BREADY – Concurs.
MR. SCHRODER – Concurs.
MRS. SCROCCA – Concurs.
A motion was made by Mr. Schroder and seconded by Mr. Kissling, to grant the application with the standard conditions.
Application is for a 2 lot minor subdivision at 971 Mt. Pleasant Road, Petersburg.
John Lunsford, 971 Mt. Pleasant Road, was sworn in.
William Kemp, Professional Land Surveyor, was sworn in. He testified that there are wetlands in the rear of the property. There is a 13 ft. wide strip in the front of the property that is dedicated to the County of Cape May for future road widening. There is also a 20 ft. wide access easement in the front so that both parties exit onto Mt. Pleasant Road at the same location.
Mr. Dietrich testified that the final plat conforms to the ordinance. The plat meets the map filing requirements.
Solicitor Marcolongo requested that a revised plan be submitted that shows the last revision date. The latest revision date shown on the plat is 6/27/07 and a revision was made after that date.
The meeting was open to the public. Hearing no response the meeting returned to the board for findings of fact.
MR. SCHRODER – The plat meets the ordinance standards. There are no variances requested.
MR. RIORDAN – Bill Kemp provided testimony in regards to the subdivision. A revised plat will be submitted showing the last revision date. There was no public comment.
MR. BREADY – Concurs.
MR. KISSLING – Concurs.
MRS. SCROCCA – The lots conform to the ordinance. There are no variances.
A motion was made by Mr. Riordan and seconded by Mr. Bready, to grant the application with the standard conditions, a revised plat be submitted and that the deed for the easement for proposed lot 4.09 be submitted to the board solicitor for his review and approval prior to filing the plat. In favor: Bready, Riordan, Schroder, Kissling, Scrocca.
Mr. Dietrich stated that on May 31, 2007 the board reviewed the revisions to the land use ordinance based on the recommendation of the master plan and the land use element update. There were a few changes made at that time.
A new document was drafted that revised sections where necessary out of the land use plan element and created a new reexam and update to the land use element of November 2006 to acknowledge the revisions to the land use ordinance recommended by the board in May 2007.
Mr. Dietrich reviewed the changes that were made. The changes will make the master plan conform to the proposed zoning ordinance. The amendments are being made to the November 2006 reexamination report that includes the land use plan. Five minor changes were made at the request of the New Jersey Pinelands Commission subsequent to the May 31, 2007 public hearing. The changes were needed to the May 31, 2007 meeting that have been incorporated into the document. The changes were made so that the Pinelands would certify our ordinance to be in compliance with the Pinelands Management Plan.
Solicitor Marcolongo stated that there is still a sub-committee working on the affordable housing and COAH obligations. The reexamination and land use plan is still continuing.
The meeting was open to the public.
John James Germanio, Belleplain, was sworn in. He asked if the grandfather clause in regards to the one-acre lot sizes in the Pinelands would remain. He has 12 grandchildren. He has lots that were subdivided in the 1980’s that are over one acre that he would like to build houses in the future. Mr. Dietrich stated that this would remain in the non-conforming lot section of the ordinance.
Charles Kona, Tuckahoe, was sworn in. He asked if all the uses that were in the CM zone are in the new plan.
The meeting was closed to the public and returned to the board for findings of fact.
MR. RIORDAN – There was discussion concerning proposed amendments to the Upper Township Master Plan Reexamination Report and Land Use Plan Amendment of November 2006. There were questions by the public in regards to the grandfather clause in the pinelands and concerns in regards to previously recommended changes to the master plan.
MR. KISSLING – Nothing to add.
MR. BREADY – There have been no changes made to the grandfather lot size in the pinelands section of the township.
MR. SCHRODER – Nothing to add.
MRS. SCROCCA – The board is trying to make two separate documents conform. The changes were minor. The board acknowledges that the master plan reexamination process will continue including the amendments to the ordinance regarding the townships affordable housing obligations.
A motion was made by Mr. Bready and seconded by Mr. Kissling, to approve the amendments to the Upper Township Master Plan Reexamination Report and Land Use Plan amendments of November 2006. In favor: Bready, Riordan, Schroder, Kissling, Scrocca.
A motion to adopt the resolution was made by Mr. Schroder and seconded by Mr. Riordan. In favor: Riordan, Schroder, Kissling, Scrocca. Opposed: Bready.
This resolution was approved at last months meeting. It was determined that the word “no” was missing from page 12 of the resolution. The resolution has been amended to state that there shall not be storage of equipment or mined aggregate on lot 110.
A motion to adopt the resolution was made by Mr. Schroder and seconded by Mr. Riordan. In favor: Riordan, Schroder, Kissling, Scrocca. Opposed: Bready.
A motion to adopt the resolution was made by Mr. Schroder and seconded by Mr. Riordan, and approved. In favor: Riordan, Schroder, Kissling, Scrocca. Opposed: Bready.
A motion to adopt the resolution was made by Mr. Schroder and seconded by Mr. Riordan. In favor: Riordan, Schroder, Kissling, Scrocca. Abstain: Bready.
A motion to adopt the resolution was made by Mr. Schroder, seconded by Mr. Riordan, and approved. Abstain: Bready.
A motion to approve the bills for payment was made by Mr. Schroder, seconded by Mr. Riordan, and approved.
Submitted by,
Shelley Lea
Secretary