TOWNSHIP COMMITTEE MEETING
JANUARY 9, 2006
The regular meeting of the Township
Committee of the
In
accordance with Section 5 of the Open Public Meetings Act, it is hereby
announced and shall be entered into the minutes of this meeting that adequate
notice of this meeting has been provided:
(1)
Posted
on December 7, 2005 on the Bulletin Board of the Municipal
Office at 23-A North Main Street, Cranbury, New Jersey and
remains posted at that location.
(2)
Communicated
to the Cranbury Press, Home News Tribune and
(3)
Was
filed on December 7, 2005 with a Deputy Municipal Clerk at the Cranbury
Municipal Office, 23-A North Main Street, Cranbury, New Jersey and remains on
file for public inspection, and
(4)
Sent
to those individuals who have requested personal notice.
Committee
Minutes of January 9, 2006
On motion by Ms. Stave, seconded by Mr.
Stannard and unanimously carried, the minutes of December 19 (with Mr. Wittman
abstaining) 2005, December 30 (with Messrs. Wittman and Stout abstaining) 2005
and January 3, 2006 were adopted.
Reports and
Communications
--Mayor
Mayor Panconi announced he had
conducted his first Mayor’s hours the previous Saturday, January 7, 2006 from
8:30 a.m. until 10:30 a.m. and no residents had shown up.
--Members of Committee
Mr. Stannard reported
he and Mr. Stout had attended the Planning Board meeting earlier in the week
and one of the topics for discussion had been whether or not they were required
to do anything else in reference to the H.P.C. Ordinance. The Planning Board determined since they had
approved the changes and the Ordinance was coming back to the Township
Committee, further action from the Planning Board was not necessary.
Agenda Additions/Changes
Ms.
Cunningham, Clerk, announced one Resolution, Cranbury Township Resolution # R
01-06-019 was being deleted from the Consent Agenda.
Ordinances
First
An
Ordinance entitled, “Cranbury Township Ordinance # 01-06-01, AN ORDINANCE OF
THE TOWNSHIP OF CRANBURY IN MIDDLESEX COUNTY, NEW JERSEY AUTHORIZING A
NON-EXCLUSIVE LEASE OF THE GOURGAUD GALLERY IN TOWN HALL TO THE CRANBURY ARTS
COUNCIL”, was introduced for first reading.
Ms. Waterbury, Township Attorney, gave a brief summary of the Ordinance
and Ms. Stave requested Mr. Witt, Township Administrator call Mr. Bob Virgadamo
of the Arts Review Committee to explain to him why the Township Committee
(Continued)
did not
reappoint the Arts Review Committee members, as it was not necessary due to the
Ordinance being introduced and later adopted putting the Arts Council in
charge. Ms. Stave indicated she did not want there to be any
misunderstanding. On motion by Ms.
Stave, seconded by Mr. Wittman, the Ordinance was passed on first reading by
vote:
Ayes: (Panconi Absent: (None
(Stannard
(Stave
(Stout Abstain:
(Non
(Wittman
Nays: (None
Public
Hearing: January 23, 2006
WHEREAS, the Township of Cranbury is a
municipal corporation of the State of New Jersey, having its principal offices
located at 23A North Main Street, Cranbury, New Jersey 08512
("Township"); and
WHEREAS, there exists within the Township's
Town Hall municipal building ("Town Hall") certain first floor space
designated and commonly known as the Gourgaud Gallery ("Gallery");
and
WHEREAS, the Gallery was established in the
mid-1970s through a grant from the Eva Gebhart-Gourgaud Foundation in order to
provide a space within Town Hall dedicated to the arts and cultural programming;
and
WHEREAS, the Cranbury Arts Council is a
not-for-profit corporation of the State of New Jersey with tax-exempt status
pursuant to State and Federal law, having a principal address of P.O. Box 643,
Cranbury, New Jersey 08512 ("Arts Council"); and
WHEREAS, the Arts Council is organized to
foster, support, educate, inspire and promote artists and art appreciation in
the
WHEREAS, the Arts Council has a history of
providing high quality art oriented programs, workshops and performances
involving, benefiting and for the enjoyment and enrichment of the residents of
the Township of Cranbury; and
WHEREAS, N.J.S.A. 40A:12-14 permits
a municipal corporation to lease any real property, capital improvement or
personal property not needed for public use to a non-profit corporation or
association for a public purpose; and
WHEREAS, at this time, the Township does
not require full-time use of the Gallery; and
WHEREAS, the Arts Council seeks to lease
the Gallery from the Township and the Township wishes to lease the Gallery to
the Arts Council for a public purpose, to wit:
providing high quality art-oriented programs, workshops and performances
in an effort to keep the creative spirit alive in the children, adults, seniors
and residents of the Township of Cranbury; and
WHEREAS, the public would enjoy great
benefit by such activities and programs within the Gallery.
NOW, THEREFORE, BE IT ORDAINED by the Township Committee of the
(Continued)
1. The
factual recitals contained in the foregoing "Whereas" clauses are
incorporated herein as if fully restated.
2. Pursuant
to N.J.S.A. 40A:12-14(c), the Township Committee of the Township of
Cranbury, Middlesex County, New Jersey, does hereby authorize the Township of
Cranbury ("Township") to lease certain first floor space designated
and commonly known as the Gourgaud Gallery ("Gallery") within the
Township's Town Hall municipal building located at 23A North Main Street,
Cranbury, New Jersey, to the Cranbury Arts Council ("Arts Council"),
a not-for-profit corporation of the State of New Jersey, for the purpose of
providing high-quality art-oriented programs, workshops and performances in an
effort to keep the creative spirit alive in the children, adults, seniors and
residents of the Township of Cranbury.
Said lease shall be subject to the following essential terms:
a. The initial term of the Lease Agreement shall
be five years and, unless terminated or renegotiated by the Township or Arts
Council prior to the expiration thereof, shall be automatically renewed under
the same terms, covenants, conditions and provisions as permitted by N.J.S.A.
40A:12-15;
b. The total rent during the term of the Lease
Agreement shall be One Dollar ($1.00);
c. The Lease Agreement shall not serve to
provide the Arts Council with exclusive use of the Gallery;
d. The Township reserves the right to use and
occupy the Gallery at any time as may be needed for meetings and/or any other
Township business, including use by the Township's Boards, Commissions,
Committees or other entities;
e. Arts Council's use of the Gallery shall not
interfere with any Township business or activities;
f. Pursuant to N.J.S.A. 40:12-14(c), the
Arts Council shall submit to the Township Administrator, no later than December
31st of each calendar year during which the Lease Agreement is in
effect, a written report setting forth:
(1) the uses to which the leasehold was put during that year; (2) the
activities Arts Council has taken in furtherance of its public purpose for
which the leasehold was granted; (3) the approximate value or cost, if any, of
such activities; and (4) an affirmation of the continued tax-exempt status of
the Arts Council pursuant to both State and Federal law; and
g. The Township shall not be responsible for
guarding, monitoring, supervising or providing security for the Gallery or
exhibits, nor shall the Township be liable in any way for any damage, theft,
loss or other peril to any artwork or exhibit displayed, stored or contained
within the Gallery, Town Hall or other Township property.
3. Pursuant
to the requirements of N.J.S.A. 40A:12-14(c), the Township Administrator
of the Township of Cranbury is hereby designated as the authorized
representative of the Township, responsible for enforcement of the terms and
conditions of the Lease Agreement.
(Continued)
4. The
Mayor and Clerk are hereby authorized and directed to sign the Lease Agreement
attached hereto as Exhibit A, or such other substantially similar agreement,
the terms and form of which have been reviewed and approved by the Township
Attorney.
5. This
Ordinance shall take effect upon final adoption and publication, as provided
for by law.
Ordinance
First
An
Ordinance entitled, “Cranbury Township Ordinance # 01-06-02, AN ORDINANCE OF
THE TOWNSHIP OF CRANBURY IN MIDDLESEX COUNTY, NEW JERSEY REPEALING IN ITS ENTIRETY
CHAPTER 93 OF THE CODE OF THE TOWNSHIP OF CRANBURY AND REPLACING IT IN PART
WITH NEW CHAPTER 21 IN PART I OF THE CODE, ENTITLED “HISTORIC PRESERVATION
COMMISSION,” AND NEW CHAPTER 93 IN PART II OF THE CODE, ENTITLED “HISTORIC
PRESERVATION”, was introduced for first reading. Ms. Waterbury, Township Attorney, gave a
brief summary of the Ordinance and indicated this Ordinance would make comprehensive
changes to the existing Code of the Township’s provision regarding historic
preservation. Ms. Waterbury indicated
the Ordinance will make changes to the standards and criteria by which the
Historic Preservation Commission will be evaluating applications going forward
once the Ordinance is put into place. Ms. Waterbury indicated the Ordinance had
previously been introduced in the Fall of 2005, referred to the Planning Board
and the Planning Board referred it to a subcommittee of the Planning Board who
made changes and the Planning Board made substantive changes to the Ordinance
and referred it back to the Township Committee late in 2005 and that is why the
Ordinance is being re-introduced in 2006. Ms. Waterbury indicated once the
Ordinance is introduced it would need to be referred back to the Planning Board
and then come back to the Township Committee.
Mr. Stout indicated he had discussed with the Planning Board Attorney,
Joseph Stonaker, and the recommended changes from the Planning Board. Mr. Stout reported there had been an error
with the Planning Board’s recommendations, particularly with Section 93-76-12D,
which concerns new constructions or additions.
The paragraph should read, “New construction or additions shall be
compatible in terms of mass, relationship of solids to voids and color”. Mr. Wittman asked about Page 3, concerning
the members of the Commission and the language concerning the Class I and Class
III members, “Shall be knowledgeable”.
Mr. Wittman asked for a definition of what knowledgeable would be for
those particular members and asked what would happen if a knowledgeable person
could not be found. Ms. Waterbury,
Township Attorney, responded the requirement does allow for those members to be
from outside the community. Mr. Wittman
asked about Section 21-8, “Conflict of Interest”, raising the question if a
member of the Commission had previously done work for an applicant would that
be considered a conflict. Ms. Waterbury
again responded it would depend how close in time the application came in from
when the work had been performed, etc. and it would have to be addressed at the
time of the application. Mr. Wittman
asked about Page 15, Item #2, building by building inventory of all properties
in the district and where all the information would be kept and would it be
kept confidential. Ms.
(Continued)
On motion
by Ms. Stave, seconded by Mr. Wittman, the Ordinance was passed on first
reading by vote:
Ayes: (Panconi Absent: (None
(Stannard
(Stave
(Stout Abstain: (None
(Wittman
Nays: (None
Public
Hearing: January 23, 2006
WHEREAS,
the character and quality of life in the
WHEREAS,
historic sites and districts are vital to the education and civic mindedness of
the residents of the
WHEREAS,
the welfare of the Township is dependent on the preservation of its historic
heritage for the reasons set forth above.
NOW
THEREFORE, BE IT ORDAINED by the Township Committee of the
1. New Chapter 21,
Historic Preservation Commission, Added. There is hereby added to Part I of
the “Code of the Township of Cranbury” (“Code”) new Chapter 21, Historic
Preservation Commission, to read as follows:
Historic Preservation
Commission
§ 21-1.
Establishment
There is
hereby created a Historic Preservation Commission, which is created pursuant to
the provisions of N.J.S.A. 40:55D-107 et
seq., and which is intended to perform all of the functions of a historic
preservation commission pursuant to N.J.S.A. 40:55D-109.
The
Historic Preservation Commission shall have the following duties and
responsibilities:
A. Identify,
record and maintain a system for survey and inventory of all buildings, sites,
places, landmarks and structures of historical or architectural significance
that is based on the Secretary of the Interior's Standards and Guidelines for
Archaeology and Historic Preservation (Standards and Guidelines for
Identification) and that is compatible and coordinated with the State Historic
Preservation Office (“HPO”)’s state-wide inventory; and to aid the public in
understanding their worth, methods of preservation, techniques of gathering
documentation and related matters.
(Continued)
B. Make
recommendations to the Planning Board regarding the Historic Preservation Plan
Element of the Master Plan and the impact of each component and element of said
Master Plan on the preservation of historic sites and districts. The Commission may provide information to the
Planning Board indicating the location and significance of historic sites and
districts and may assist in identifying or applying the standards used to
assess their worthiness for historic site or district identification.
C. Advise
the Planning Board on the inclusion of historic sites and landmarks in the
recommended capital improvement program.
D. Advise
the Planning Board and Zoning Board of Adjustment on applications for
development pursuant to N.J.S.A. 40:55D-110 and 111.
E. Establish
administrative procedures and/or regulations to carry out the purposes of
Chapter 93 of this Code.
F. Carry
out such other advisory, educational and informational functions as will
promote historic preservation in the Township.
A.
Positions
on the Historic Preservation Commission shall be filled by people interested
in, and qualified to contribute to, the preservation of the historic resources
of the Township. The membership of the
former Historic Preservation Advisory Committee, which was established by
former Chapter 93 (now repealed), is hereby continued pursuant to N.J.S.A.40:55D-107
et seq. On expiration of the existing terms, the
Mayor shall appoint new members, who may include members of the former Historic
Preservation Advisory Committee.
B.
The
Commission shall consist of five regular members and two alternate members, all
of whom shall have a demonstrated interest, competence, or knowledge in
historic preservation. Members shall
serve without compensation, except that they shall be reimbursed for reasonable
and necessary expense incurred in the performance of official business within
the guidelines of the budget established for the Commission by Township
Committee. All appointments shall be
made by the Mayor. At the time of
appointment, at least one member shall be designated from each of the following
classes:
(1) Class
A - A person who is knowledgeable in building design and construction or
architectural history and who may reside outside the municipality;
(2) Class
B - A person who is knowledgeable, or with a demonstrated interest in, local
history and who may reside outside the municipality;
(3) Class
C – Citizens of the municipality who shall hold no other municipal office,
position or employment except for membership on the Planning Board or Zoning
Board of Adjustment.
Alternate
members shall meet the qualifications of Class C members. At the time of appointment, alternate members
shall be designated as "Alternate No. 1" and "Alternate
(Continued)
No.
2." Of the regular members, one
shall be from Class A. one from Class B, and three from Class C.
C.
Alternates.
The alternate members may participate in discussions of the proceedings but may
not vote except in the absence or disqualification of a regular member. A vote shall not be delayed in order that a
regular member may vote instead of an alternate member. In the event that a choice must be made as to
which alternate member is to vote, Alternate No. 1 shall vote.
D.
Committee
Liaison. The Township Committee shall designate one of its members to act as a
liaison between the Historic Preservation Commission and the Township
Committee.
E. Terms.
(1) Members
of the Historic Preservation Commission who have been appointed under former
Chapter 93 (now repealed and replaced with new Chapter 93) shall continue in
office until the expiration of their respective terms. Thereafter, the term of a regular member
shall be four years; the term of an alternate member shall be two years.
(2) Notwithstanding
any other provision herein, the term of any member common to the Historic
Preservation Commission and the Planning Board shall be for the term of
membership on the Planning Board; and the term of any member common to the
Historic Preservation Commission and the Zoning Board of Adjustment shall be
for the term of membership on the Zoning Board of Adjustment.
(3) Vacancies
shall be filled within sixty days. A vacancy occurring otherwise than by
expiration of term shall be filled for the unexpired term only.
F. Officers.
Annually, the Commission shall elect a chair and vice-chair from its members
and select a recording secretary who may or may not be a member of the
Commission.
§ 21-4. Budget
The
Township Committee shall make provision in its budget and appropriate funds for
the expenses of the Historic Preservation Commission. The Commission may employ, contract for and
fix the compensation of experts and other staff and services as it shall deem
necessary. The Commission shall obtain
its legal counsel from the Township Attorney at the rate of compensation
determined by the Township Committee, unless the Township Committee by
appropriation provides for separate legal counsel for the Commission. Expenditures pursuant to this subsection
shall not exceed, exclusive of gifts or grants, the amount appropriated by the
Township Committee for the Commission's use.
In the event that the Commission receives gifts or grants, they will be
placed in a dedicated fund for the exclusive use of the Commission.
§ 21-5.
Finances
The
Township Committee shall establish by ordinance reasonable fees necessary to
cover the expenses of administration and professional services to aid the
Commission in
(Continued)
its review
of development applications and applications for certificates of approval. These fees are in addition to any other fees
required under any portion of this or any other applicable Township Ordinance.
§ 21-6. Annual
Report.
The
Historic Preservation Commission shall prepare an annual report to the Township
Committee that shall be available to the public and placed on file in Town
Hall. The report shall detail all
activities of the Commission, including problem solving and advisory support.
A. The
Commission shall adopt written rules for the transaction of its business. Such rules shall not be inconsistent with the
Municipal Land Use Law and the provisions of new Chapter 93 of this Code and
shall include, but not be limited to, rules pertaining to all notices and
hearings required herein and rules prohibiting conflicts of interest. Copies of
the Commission’s bylaws or rules shall be made available to the public for
inspection and copying.
B.
In
order to make information available to the public that is useful to the
preservation and protection of historic districts and sites and to provide the
basis for consistency of policy, the Commission shall maintain complete files
and records. The Commission’s files
shall include, but not be limited to, data used in the classification of
buildings, places and structures, minutes of Commission meetings, applications
for certificates of approval and related data, decisions and appeals, and
information, materials and references submitted to the public related to
historic preservation. A record of
Commission proceedings shall be kept and made available but a formal verbatim
record shall not be required.
C.
The
Commission secretary shall keep minutes and records of all meetings and
proceedings, including voting records, attendance, resolutions, findings,
determinations, decisions and applications.
All meetings shall be noticed and conducted in accordance with the Open
Public Meetings Act. Copies of all
minutes shall be maintained in the office of the Commission and shall be
delivered promptly to the Township Clerk.
D.
Copies
of records shall be made available to municipal bodies, agencies, and officials
for their use. When the Planning Board
or the Zoning Board of Adjustment refers an application to the Historic
Preservation Commission, the referring Board shall receive a copy of the
Commission’s report.
A. No
member of the Commission shall be permitted to act on any matter in which he or
she has, either directly or indirectly, any personal or financial
interest. Unless a member resides or
owns property within 200 feet of property that is the subject of an
application, mere ownership or residence in a designated historic district
and/or ownership of a designated historic site or a non-designated site shall
not be deemed a personal or financial interest.
(Continued)
B. A
member of the Commission may be removed by the Township Committee for cause,
provided that if the Commission member so requests, the Township Committee
shall be required to hold a public hearing first.
A.
The
Historic Preservation Commission shall establish and post in the municipal
building a schedule of regular meetings, and shall hold a minimum of one
meeting per month. Regular meetings
shall be held as scheduled unless canceled for lack of applications to process,
provided that in no event shall the Commission hold fewer than four meetings
per year. Special meetings may be called
by the chair or, in the absence of the chair, the vice-chair, or on the request
of any two Commission members, when the regular meetings are inadequate to meet
the needs of its business, to handle emergencies or to meet time constraints
imposed by law.
B.
A
quorum for the transaction of business shall be three members. A majority vote of those present and voting
shall prevail, and shall be sufficient to grant or deny a certificate of
approval. When acting to grant or change
a historic site or historic district designation or to approve a demolition or
relocation application, a majority of the full authorized membership shall be required.
C.
A
member absent from the meeting(s) at which an application or matter was heard
shall be eligible to vote on the application or matter, notwithstanding his or
her absence from the meeting(s), provided that the member has available a
transcript or recording of all the meeting(s) from which the member was absent
and certifies in writing to the Commission that he or she has read such
transcript or has listened to such recording.
D.
The
Historic Preservation Commission shall hold public hearings to review all
applications for certificates of approval, referrals of development
applications and other business of the Commission.
E.
Failure
on the part of a Commission member to attend three or more consecutive meetings
without the specific permission of the Chair shall result in that member’s
removal from the Commission.
Historic Preservation
§ 93-1. Purpose and Objectives.
The purpose
of this chapter is to implement the Historic Preservation Element of the Master
Plan, to provide guidance to property owners in achieving preservation of
historic resources, and to advance the public welfare, in order to:
A. Safeguard
the heritage of the Township by preserving resources that reflect elements of
the Township's cultural, social, agricultural, economic, archeological, scenic
and architectural history.
(Continued)
B. Encourage
the continued use of historic sites and intervening and surrounding properties
in historic districts, and to facilitate their appropriate re-use.
C. Maintain
and develop an appropriate and harmonious setting for historic resources within
D. Encourage
any alteration or new construction to be in keeping with the historic character
of the Township.
E. Discourage
the unnecessary demolition, alteration or removal of historic resources.
F. Encourage
the proper maintenance and preservation of historic settings and landscapes.
G. Enhance
the visual, aesthetic, and historic character of the Township.
H. Promote
the conservation of historic sites and districts, and invite voluntary
compliance with the standards of this Chapter.
I. Foster
civic pride in the beauty and historic roots of the Township.
ADMINISTRATIVE OFFICER — For the
purposes of this chapter only, the municipal employee or officer, appointed by
the Mayor, who is responsible for the various administrative duties set forth herein
below.
CERTIFICATE OF APPROVAL — A report issued by the Historic Preservation Commission approving any
new construction or any addition to or alteration, relocation or demolition of
a structure, located on a designated historic site or in a historic district or
historic buffer area.
DEMOLITION — The partial or total razing, dismantling or destruction of any
improvement.
EVALUATION — The process of determining whether identified properties meet defined
criteria of historical, architectural, archeological or cultural significance.
HISTORIC BUFFER AREA – A 200-foot
buffer, measured from the lot line, surrounding a designated historic building,
landmark or site other than a historic building, landmark or site located
within a historic district.
HISTORIC DISTRICT – One or more historic sites and intervening or
surrounding property significantly affecting or affected by the quality and character
of the historic site or sites. For the purposes of this chapter, “historic
district” shall further mean such district or districts as are identified on
the zoning map of the Township pursuant to N.J.S.A. 40:55D-65.1.
HISTORIC LANDMARK – See the definition of “historic site” below.
HISTORIC RESOURCE — Any prehistoric or historic district, site, building, structure, or
object included in, or eligible for inclusion in, the Historic Preservation
Element of the
(Continued)
Master Plan. The term includes artifacts, records, and
remains that are related to the district, site, building, structure, or object.
HISTORIC SITE -- Any real property, man-made structure, natural object or
configuration or any portion or group of the foregoing of historical
archaeological, cultural, scenic or architectural significance. For the
purposes of this chapter, “historic site” shall further mean such sites as have
been designated in the Master Plan as meeting the above-listed criteria.
IMPROVEMENT — Any permanent structure or part thereof that is a part of, placed
upon, or affixed to real property.
INTEGRITY — The ability of a property or element to convey its historic
significance; the retention of those essential characteristics and features
that enable a property to effectively convey its significance.
INVENTORY — A list of historic properties determined to meet criteria of
significance specified in the Historic Preservation Element of the Master Plan.
MINOR APPLICATION — An application for a certificate of approval that:
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