UPPER TOWNSHIP PLANNING BOARD
MEETING MINUTES
JUNE 19, 2003

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. The Chair advised of the meetings compliance with the Open Public Meeting Notice. Everyone saluted the flag.

A. ROLL CALL: Roll call was taken with the following members present:

Also in attendance were Dean Marcolongo, Board Solicitor; Paul Casaccio, Board Engineer; Carol Rosiak, Recording of meeting.

B. APPROVAL OF THE JUNE 19, 2003 MEETING MINUTES:

A motion to approve the minutes was made by Mr. Palombo, seconded by Mr. Thompson, and approved.

C. APPLICATIONS:

1. DAVID LEVARI – BLOCK 565.03, LOTS 78, 79, 80 & 82 – SD 08-03:

Application is for classification of a proposed 9 lot major subdivision located at 1710 Route US 9 South in Seaville.

Dean Marcolong stepped down during this application due to a conflict. Arthur T. Ford, III, Esquire, acted as Board Solicitor.

Allen Vernon, Esquire, represented the applicant. The applicant requests to be classified as a major subdivision due to the number of lots and the creation of a road.

The meeting was open to the public. Hearing no comment the meeting returned to the board for finding of fact.

MR. GEORGETTI – Mr. Levari is proposing a 9 lot subdivision.

MR. KELLY – The applicant is being represented by Allen Vernon, Esquire. The subject property is Block 565.03, Lots 78, 79, 80 & 82 also known as 1710 Route US 9 South. There are no variances required.

MR. SCHRODER – The ordinance indicates that 9 lots is a major subdivision.

MR. PALOMBO – There was no public comment.

A motion was made by Mr. Kelly and seconded by Mr. Thompson, to classify the proposed 9 lot subdivision as a major subdivision. Those in favor: Georgetti, Kelly, Schroder, Thompson, Palombo, Scrocca.

2. JOSEPH AND DEBORAH PATTERSON – BLOCK 546, LOT 3.02 – SD 10-03:

Application is for a minor subdivision at 144 Tyler Road, Greenfield.

Edward Garrigan, PLS, and Axel Larson, U.S. Fish and Wildlife Service and Joseph Patterson, 144 Tyler Road, Greenfield, were sworn in.

Mr. Garrigan testified that the U.S. Fish & Wildlife Service would be purchasing a portion of Mr. Patterson’s property. The new lot will be consolidated to the adjoining parcel owned by the Fish & Wildlife Service known as the wildlife refuge.

Mr. Dietrich stated that the lots would comply with the ordinance requirements for the Conservation zone.

The meeting was open to the public. Hearing no response the meeting returned to the board for finding of fact.

MRS. SCROCCA – Mr. Patterson is the owner of record and has standing to bring this application. The purpose of the application is to create two lots from one lot. A portion of lot 3.02 will be subdivided and consolidated with the adjoining lot owned by the US Fish & Wildlife Service. She believes the waivers for soil borings and building setbacks are appropriate since the property will be used for the preservation of land. There was no public comment.

MR. PALOMBO – Mr. Patterson will retain the portion of the property not be purchased by the US Fish & Wildlife Service. The total area being subdivided is 48.35 acres. The US Fish & Wildlife will purchase 28.11 acres. There was testimony from Edward Garrigan, PLS and Axel Larson of the US Fish & Wildlife Service.

A motion was made by Mr. Palombo and seconded by Mr. Schroder, to grant the minor subdivision with the standard conditions and that the lots are consolidated. Those in favor: Georgetti, Kelly, Schroder, Thompson, Palombo, Scrocca.

3. EARTHWORK ASSOCIATES, INC. – BLOCK 414, LOT 45 AND BLOCK 451, LOT 4 – PB 04-03:

Application is for preliminary and final site plan approval to continue their mining operation and recommendation to township committee for the continuation of their mining license on California Road, Petersburg.

George Neidig, Esquire, represented the applicants. Donald Ay, 477 Corson Tavern Road, Ocean View and Joseph Maffei, PE, were sworn in.

Mr. Neidig stated that mining has taken place on this site since 1917. Mr. Maffei testified that only minor changes have taken place on the site since their last approval.

Mr. Dietrich stated that due to the minimal amount of wet excavation performed the applicants do not need to submit survey. He does not feel there will be any over excavating since the applicants due not have a wet dredge. The applicants have not mined into any of the buffers that have been established.

The meeting was open to the public. Hearing no response the meeting returned to the board for finding of fact.

MR. KELLY – The applicant is Earthwork Associates, Inc. The subject property is located at Block 414, Lot 45 and Block 451, Lot 4. They are before the board for site plan approval. There are no variances required. There was no public comment. They are being represented by George Neidig and Donald Ay. They have complied with the comments in Mr. Dietrich’s engineering letter dated March 6, 2003.

MR. SCHRODER – The board engineer has indicated that the applicants will need to submit a topo survey at their next re-licensing.

MR. PALOMBO – This operation has been in existence for many years. The board engineer has stated that the dredging is minimal. There is not excessive dust being generated and going into the highway.

A motion was made by Mr. Schroder and seconded by Mr. Thompson, to grant preliminary and final site plan approval and recommendation to township committee with the standard conditions and that the applicants comply with Mr. Dietrich’s letter dated March 6, 2003.

4. SCHWARTZ AND RATZ, INC. – BLOCK 558, LOT 18 – PB 07-03:

Application is for preliminary and final site plan approval, front yard setback variance and waivers to add parking and for renovations to patio at the Red Sky Café, located at 3054 Route US 9 South, Seaville.

Kristopher Facenda, Esquire, represented the applicants. The subject property is located in the CM zone. They are attempting to make the existing parking conform to the ordinance requirements. They are expanding the stone parking area to create a total of 21 delineated parking spaces. They also propose to enclose the existing porch area.

Joseph Maffei, PE, was sworn in. He testified that the applicants are proposing to increase the parking on site. They will also be adding parking bumpers, lighting, drainage and landscaping. The existing residence on the site will remain. A handicap parking space will be provided and a trash enclosure. He believes the proposed

improvements will improve the parking situation and create a more visual environment. The rear patio will be enclosed to protect patrons from the elements. The footprint of the building is not being altered. The entire structure is located within the front yard setback area. He believes that the variance requested for the loading area can be granted without any detriment. The lights will not affect the surrounding homes. The seating will not be increased.

Jeffrey Schwartz, Hope Corson Road, Seaville, was sworn in. He testified that they do not allow deliveries after 4 p.m.

Mr. Dietrich recommends that only benches be permitted on the concrete area and no tables. The applicants have addressed the comments in his letter. The sign is an existing condition and does not impact the site triangles. The sheds on site are also pre-existing.

The meeting was open to the public. Hearing no response the meeting returned to the board for finding of fact.

MR. KELLY – The applicants are Schwartz and Ratz, Inc. The subject property is located at 3054 Route US 9 South in Seaville also known as Block 558, Lot 18. The business is known as the Red Sky Café. A variance is needed since there is no designated loading area. They are also requesting variances to allow a stone parking area and a waiver from providing drainage facilities. There was no public comment. Mr. Facenda has indicated that no food will be served on the concrete area. The enclosure will be used for people to get out of the weather. The concrete pad is a waiting area. The septic appears to be sufficient. They have satisfied the concerns of the board engineer. The sheds are pre-existing.

MR. SCHRODER – He has concerns that the concrete area will become restaurant seating.

MRS. SCROCCA – She accepts the representation made by council that there is no intension to expand the number of seats. She believes that the proposed parking will make the site safer. She has no problem approving the variances for the loading area and stone parking area. The front yard variance is a pre-existing condition. Almost the entire building is in the front yard setback.

MR. PALOMBO – Adding the additional parking will alleviate some of the problems and safety concerns. The entrance and exit have been addressed. White pine trees will be added to the buffer. The variance for the loading area should not be a concern since testimony was given that deliveries are not accepted after 4 p.m.

A motion to grant preliminary and final site plan approval, front yard setback variance and waivers to allow crushed stone parking, loading area, drainage facilities, with the standard conditions and the condition that an easement will be granted to the township to inspect and maintain the drainage facilities. Those in favor: Georgetti, Kelly, Thompson, Palombo, Scrocca. Opposed: Schroder.

D. MASTER PLAN REEXAMINATION:

Mr. Dietrich has received correspondence from the Pinelands Commission in regards to the required size of golf courses and the re-zoning of the properties located on the west side of Woodbine Road. The Pinelands are retaining the 75 acre maximum clearing for golf courses and are allowing up to 90 acres in certain situations. The lots will be re-zoned F25 rather than the F10 as proposed by Mr. Dietrich. He recommends that a provision be included that these lots be considered conforming lots in the F25 zone regardless of their current acreage. The Pinelands have asked that as part of the annual mining re-licensing each mining operation provide a certification that their site is in accordance with the ordinance and their most recently approved site plan

The meeting was open to the public.

Andrew Petrella, 1900 Breakers Drive, Manahawkin, NJ, was sworn in. He has concerns about building on his lot.

Robert Braverman, 13 Henry Drive, Northfield, NJ, was sworn in. He had questions about some of the Pinelands requirements.

The board was asked to give finding of fact.

MR. KELLY – Mr. Dietrich has received comments from the Pinelands addressing the maximum clearing for golf courses, re-zoning of certain lots on the west side of Woodbine Road and that a certification be done by the mining pits on a yearly basis.

A motion was made by Mr. Kelly and seconded by Mr. Schroder, to approve the three changes as required by the NJ Pineland Commission. Those in favor: Kelly, Schroder, Thompson, Palombo, Scrocca.

E. RESOLUTIONS:

1. JEFFREY KAPLOWITZ AND BETH – BLOCK 735, LOT S4 & 5 – SD 06-03:

A motion to approve the resolution was made by Mr. Palombo, seconded by Mr. Schroder, and approved. Abstain: Palombo.

2. MICHAEL STYER – BLOCK 600, LOT 24.02 – PB 06-03:

A motion to approve the resolution was made by Mr. Schroder, seconded by Mr. Thompson, and approved. Abstain: Palombo.

F. BILLS:

A motion to pay the bills was approved.