MINUTES

OF THE

ZONING BOARD OF ADJUSTMENT

CRANBURY TOWNSHIP

CRANBURY, NEW JERSEY

MIDDLESEX COUNTY

 

APPROVED ON JUNE 8, 2005

 

TIME AND PLACE OF MEETING

 

The regular meeting of the Cranbury Township was held at the Town Hall (Old School Building) Main Meeting Room, 23-A North Main Street, Cranbury, New Jersey, on January 12, 2005, at 7:30 p.m.

 

CALL TO ORDER

 

Josette C. Kratz, Secretary of the Cranbury Township Zoning Board of Adjustment, called the meeting to order and acted as Chairperson until the Board nominated and elected a Chairperson.

 

STATEMENT OF ADEQUATE NOTICE

 

Pursuant of the Sunshine Law adequate notice by the Open Public Meeting Act was provided of this meeting=s date, time, place and agenda was mailed to the news media, posted on the Township Bulletin Board, mailed to those requesting personnel notice, and filed with the municipal clerk.

 

MEMBERS IN ATTENDANCE                            

 

Mr. Gerberich, Mr. Hebert, Mr. Johnson, Ms. Kemp, Mr. McCarville, Mr. Patterson, Mr. Shea, Mr. Smith

 

PROFESSIONALS IN ATTENDANCE

 

Cathleen Marcelli, P.E., Harvey Moskowitz, P.P., Jeffrey Green, Esquire, Zoning Board Attorney, Virginia Guinta, Court Reporter

 

QUORUM ANNOUNCEMENT

 

The Secretary announced that a quorum of the members was present, and that the meeting, having been duly convened, was ready to proceed with its business.

 

Introduction of New Board Member Appointments

 

NOMINATIONS AND ELECTIONS/APPOINTMENTS

 

Chairperson

 

The floor was opened for nominations for Chairperson.  Mr. Shea nominated Mr. Smith.  Ms. Kemp seconded the nomination.

 

VOTE ROLL CALL

 

             AYES:      Mr. Gerberich, Mr. Hebert, Mr. Johnson, Ms. Kemp, Mr. McCarville, Mr. Patterson, Mr. Shea, Mr. Smith

             NAYS:      None

       ABSTAIN:      None

        ABSENT:      Mr. Toscano

 

MOTION CARRIED

 

 

 

Vice Chairperson

 

The floor was opened for the nominations for Vice Chairperson.  Ms. Kemp nominated Mr. Shea.  Mr. Gerberich seconded the nomination.

 

VOTE ROLL CALL

 

             AYES:      Mr. Gerberich, Mr. Hebert, Mr. Johnson, Ms. Kemp, Mr. McCarville, Mr. Patterson, Mr. Shea, Mr. Smith

             NAYS:      None

       ABSTAIN:      None

        ABSENT:      Mr. Toscano

 

MOTION CARRIED

 

 

 

Board Secretary/Administrative Officer (Appointment and Resolution)

 

The floor was opened for the nomination for Board Secretary.  Ms. Kemp nominated Ms. Kratz.  Mr. Shea seconded the motion.

 

 

VOTE ROLL CALL

 

             AYES:      Mr. Gerberich, Mr. Hebert, Mr. Johnson, Ms. Kemp, Mr. McCarville, Mr. Patterson, Mr. Shea, Mr. Smith

             NAYS:      None

       ABSTAIN:      None

        ABSENT:      Mr. Toscano

 

MOTION CARRIED

 

 

Board Attorney (Appointment and Resolution)

 

The floor was opened for the nomination for Board Attorney.  Mr. Shea nominated Mr. Green.  Mr. Gerberich seconded the nomination.

 

 

VOTE ROLL CALL

 

             AYES:      Mr. Gerberich, Mr. Hebert, Mr. Johnson, Ms. Kemp, Mr. McCarville, Mr. Patterson, Mr. Shea, Mr. Smith

             NAYS:      None

       ABSTAIN:      None

        ABSENT:      Mr. Toscano

 

MOTION CARRIED

 

 

Court Reporter (Appointment and Resolution)

 

The floor was opened for the nomination for Court Reporter.  Mr. Gerberich nominated Ms. Guinta.  Ms. Kemp seconded the motion.

 

 

VOTE ROLL CALL

 

             AYES:      Mr. Gerberich, Mr. Hebert, Mr. Johnson, Ms. Kemp, Mr. McCarville, Mr. Patterson, Mr. Shea, Mr. Smith

             NAYS:      None

       ABSTAIN:      None

        ABSENT:      Mr. Toscano

 

MOTION CARRIED

 

 

ZBA Representative to the Development Review Committee

 

The floor was opened for the nomination for a DRC member.  Ms. Kemp nominated Mr. Shea.  Mr. Gerberich seconded the nomination.

 

 

VOTE ROLL CALL

 

             AYES:      Mr. Gerberich, Mr. Hebert, Mr. Johnson, Ms. Kemp, Mr. McCarville, Mr. Patterson, Mr. Shea, Mr. Smith

             NAYS:      None

       ABSTAIN:      None

        ABSENT:      Mr. Toscano

 

MOTION CARRIED

 

 

2005 Calender Year Approval and Resolution

2005 Notice of Meetings and Fees Approval and Resolution

 

Resolutions approving the Calendar of Meeting Dates for 2005, Official Notice for Meetings in Cranbury Press, and List of Board Actions for 2004.  Mr. Shea moved, Mr. McCarville seconded the motion.

 

 

VOTE ROLL CALL

 

             AYES:      Mr. Gerberich, Mr. Hebert, Mr. Johnson, Ms. Kemp, Mr. McCarville, Mr. Patterson, Mr. Shea, Mr. Smith

             NAYS:      None

       ABSTAIN:      None

        ABSENT:      Mr. Toscano

 

MOTION CARRIED

 

 

 

REPORTS

 

2004 Annual Report by the Zoning Board of Adjustment

 

 

VOTE ROLL CALL

 

             AYES:      Mr. Gerberich, Mr. Hebert, Mr. Johnson, Ms. Kemp, Mr. McCarville, Mr. Patterson, Mr. Shea, Mr. Smith

             NAYS:      None

       ABSTAIN:      None

        ABSENT:      Mr. Toscano

 

MOTION CARRIED

 

 

MINUTES

 

Upon motion made and duly seconded the minutes for July 14, 2004 and December 8, 2004 were unanimously approved.

 

 

RESOLUTION OF MEMORIALIZATION

 

ZBA 080-04   Curt Lindberg

Block 22, Lots 9 & 15

Ancil Davison and Old Trenton Road

Use Variance/Barn Conversion

 

Mr. Green mentioned the addition of the exhibits as part of the resolution. Mr. Smith mentioned that the resolution was heard and approved at the previous meeting and being there were no other comments or corrects it would stand as modified.

 

 

APPLICATIONS

 

ZBA 069-04   Anthracite Leasing Co/Steve Fiebus

Block 26, Lots 4 & 5.01

2661 Route 130

Appeal/Interpretation

Postponed

 

Mr. Smith announced that the Anthracite Leasing was not being heard.  Their attorney has asked that it be postponed and the Board was obligated to concede to that request.  At this time the Board did not know when they would be back.  There was no publication for this meeting.  Mr. Driggers announced that they would re-notice for the next meeting.

 

 

ZBA 068-03   Monroe Medical Supplies, Inc.

Block 18.02, Lot 10

Route 130

Use Variance & Site Plan Approval Amendment to allow for a temporary trailer

 

REPRESENTATIVES:         Donald Driggers, Esq. - Turp, Coates, Essl & Driggers

Richard H Schroeder, Architect

John Lord, P.E. ACT Engineer

Nasai Saad, Owner/Applicant

 

Mr. Moskowitz announced that they had just received the plans tonight.  Ms. Kratz said that they arrived on the January 3rd due to the office being closed on the holiday.  Mr. Driggers noticed that the notice was made on December 29th and in the paper on January 2.

 

Mr. Moskowitz felt he did not receive the plans in a timely manner.

 

Mr. Smith said that he understood Mr. Moskowitz=s concern, but in this case, did Mr. Moskowitz feel that the issues are of the complexity to need the additional time.  Mr. Moskowitz said it depended on the issues that the Applicant has to tell us.  He added that construction trailers generally are not a problem.  He asked if this were a construction trailer, but we think that it may be used as an office.  Therefore we need to know the time limit, drainage, temporary sanitary. 

 

Mr. Smith felt if this were a complex site plan that the Board had not seen before I would be reluctant to pick it up on such short notice.  Hopefully, we can get through it.  If there are complexities that we cannot get through we will postpone the decision.

 

Mr. Driggers announced that this was to amend a previous site plan approval.  There was adequate notice, but he admitted that he did get a call at the last minute that Saad was trying to get temporary quarters.  On January 31, 2005, he will be out of the quarters he is in now.

 

The application was for a trailer superimposed on the site plan.  For six people plus himself for a three-month period of time.  They have a building permit and have started construction.  The only change from the previous site plan was the showing of the trailer to the south side.

 

Mr. Saad said that he was the owner of the property and received a previous approval for Monroe Medical Supply business.  They had a partial building permit for the external siding.  They have started yesterday and the whole side would be sided out for the framing, the canopy in the back, they eliminate one of the facade doors, and eliminated the garage door.

 

Mr. Saad said that on February 1st a new tenant would be moving into his present location.  He said he was notified by his landlord on the second week of December.  He said the landlord neglected to give him an extension.  He had said that he  attempted to get a short term lease else where in Cranbury and Monroe Township and had found nothing.  His proposal to solve the problem was to use a double wide trailer at the present location of US. Route 130 to set up his sales office on a short term basis of three months.  There would be with six staff members along with the drives, about six to seven people.


Mr. Driggers asked if he were performing retail sales in the trailer.  Mr. Saad said it would be for the faxes, staff, etc. only.  The size of the trailer was a double wide 24' x 50', approximately.

 

Exhibit A-1       Superimposed plans as submitted in the Board Packets

 

Mr. Saad gave an overview of where the trailer would be located as shown on the plans.  To the south was an open area to Old Trenton Road.  The area would not interfere with the construction on the site plan improvements like a driveway.

 

Ms. Marcelli asked Mr. Saad if he were allowing the public access to the trailer to purchase supplies.  Mr. Saad said it was not their goal, they would be delivered and go out and fit equipment and devices. Ms. Marcelli said that she was concerned about the public going in a construction site with a temporary trailer.  She did not have her file with her.

 

Mr. Saad said that they would go with a step situation or a ramp situation.  They are not addressing this for the public needs.  They want it for the staff.

 

Ms. Marcelli was concerned for the safety issue of the public on an active construction site.

 

Mr. Johnson questioned Mr. Saad about the termination of his lease.  Mr. Johnson said anyone could write a letter and said that the applicant was not forced to do this.  He said that the applicant should check the landlord tenants= law.  Mr. Driggers argued that he saw the letter.  Mr. Johnson said that there was always a reasonable holdover period.  Mr. Driggers said he was not sure if that applied to commercial properties.

 

Mr. Saad said that he did not want to go into litigation with the landlord.  He did not have a discussion with him before signing the lease with the new tenant. 

 

Mr. Johnson felt that this is for the benefit for the applicant and the landlord wrote a couple of letters. 

 

Mr. Gerberich asked if the drawing were to scale, it may not be.  Mr. Lord said that when you put the trailers together they are 24' x 60'.

 

Mr. Smith said that he shared the concern of the Township Engineer.

 

Mr. Lord gave his overview of the engineering of the site as it related to the temporary trailer. 

 

Mr. Driggers said that they would agree that the public would be asked to leave.  Mr. Green said that if they came in they would need to be told to leave.  Mr. Driggers said that they would concede that and put up a sign.

 

Exhibit A-2       Plan showing the actual size and type of trailer.

 

Ms. Marcelli asked about parking.  She saw on plan existing edge of gravel and asked if they actually laid out the parking plan including construction vehicles.  She asked if work would be done to site before the trailer arrives.  She mentioned that there was a big 6' apple tree.  Mr. Lord said that the trees were not there anymore.

 

Ms. Marcelli asked that a temporary connection to water and sewer be provided not a temporary holding tank, especially in a residential area and to provide her office with a plan of that.

 

Ms. Kemp was concerned with freezing hose bibs and sanitary sewer freezing.  Ms. Marcelli said that they should provide adequate protection.

 

Ms. Marcelli did not have as much concern with the water being held in the trailer as she was with the sewer.  They have had applications where people had tried temporary holding tanks and this will be used as an office.

 

She was concerned with access to the trailer.  There was no walkway.  She did not want to see plywood, maybe gravel or something that would provide a safe walkway for the employees to access trailers.

 

Mr. Schroeder gave an overview of the architectural aspect of the trailer.  They had gone back and received final approval from HPAC at the last meeting.  They have a letter of approval.  The construction drawings have some changes to get the sprinkler system in and am awaiting the Construction Department approval.   Mr. Farrington did give them an exterior permit to start.  He would not release the final permit until the sprinkler drawings where in.

 

Mr. Schroeder said that the trailer would be relatively new looking and would match the neighborhood.

 

Ms. Marcelli asked if the performance and construction bonds had been submitted. Mr. Driggers did not know but suspected no.  Mr. Saad said no.  Ms. Marcelli told the applicant that the construction permits would not be released until the bonds were posted.  Ms. Marcelli said that the site plans for signature and Ms. Kratz concerned that the PB/ZBA office had not received any either.

 

Ms. Marcelli asked if after CO was issued how long would it take for the trailer to be removed.  Mr. Schroeder thought that after the CO was issued it should be out within a week.  Ms. Kemp asked if it would be a TCO in order to do the landscaping.  Ms. Marcelli said no not really.

 

There were no public comments made.

 

Mr. Smith asked if the Board were to approve this, based upon a revised site plan including parking and sanitary connection submitted to Ms. Marcelli and the Construction Officer for approval would Ms. Marcelli be comfortable with the application.  Ms. Marcelli said if they could provide adequate parking, lighting and dumpster trash collections.

Mr. Smith felt this was a large project to get done within three months.  Realistically, he thought at least four months. 

 

Mr. Gerberich mentioned that the site was to go on there would be an issue of public safety. Ms. Kemp wanted an exact date.  Mr. Smith was conceded, rather than their coming back every month for another month there should be an end date.

 

Mr. Schroeder felt that if they needed more time it would be five to six months.  Nevertheless, when they get the final permit, they should move along quickly.

 

Mr. Moskowitz raised the question at first and asked if the plans were available for inspection.  Ms. Kratz said that they were delivered on the 3rd.  The offices were closed the Thursday at half a day and a full day Friday.  They were printed and delivered on that Monday.  Mr. Moskowitz said that was behind us. Ms. Kratz said that she needed to know when the applicant was going to provide the site plans with the architecturals for signature, because how do we know if they are doing the exterior correctly if the staff does not have signed architecturals.

 

Mr. Moskowitz said that the Board was concerned about what type of precedent that we set.  He felt that this was the first time that we would allow an applicant to move his operation onto a site that was not ready for the site.  There is doubt whether the permits are in and how long it will take for the contractor. The Board has never done that before and allowing the operation to start in a trailer.  He felt this was a bad precedent and we had never done it before.  Too many items were tentative.

 

Ms. Marcelli suggested no sign.

 

Mr. Schroeder said that during the construction phase they would be putting up the sign.

 

Mr. Smith gave the options of the Board either to approve or deny at this point or have the applicant come back within a month.

 

Mr. Smith said that the issues were parking, lighting, trash, walkways, drainage and time limits. 

 

Mr. Gerberich suggested that they would have to receive the permits by a date certain within February so that they were not going until May without a permit. Mr. Smith wanted fixed set times to be in and to be out.

 

Ms. Marcelli agreed to put the ball in their court and not allow them to drag their feet.

 

Mr. Smith thought a reasonable time would be five months or June 30th.  If they do not get the plans in on time for Ms. Marcelli to approve the trailer then they do not go in.  The Applicant said that they would agree to get the plans to Ms. Marcelli by January 19th. 

 

Mr. Johnson asked that there be a condition that the construction bond be posted. 


Mr. Smith said that this might not work, there might just be too much on this site.  Mr. Driggers said that he understood that Ms. Marcelli might not approve the site plan.

 

Mr. Moskowitz felt it was bad planning.  Temporary approvals are not temporary.  Bonds do not work, later one has to sue and felt that approving this type of situation was dangerous.

 

Ms. Marcelli asked if the hours= of operation were the same as the original.  Mr. Saad said 9:30 a.m. to 6:00 p.m. and until 4:00 p.m. on Saturdays.

 

Mr. Hebert asked if there was retail permitted and if not there should not be any retail items within the trailer.   Mr. Saad said that there were certain items so the staff can see and describe.

 

The straw vote approval with the time limits and caveats they would allow for the temporary trailer. 

 

Mr. Johnson asked for a clarification of whether a Board member had to have voted on the original application.  Mr. Green said that this was a separate application that everyone could vote.

 

Mr. Smith said that they would be asking the Township Engineer to review an amended site plan that would include clearly delineated parking, walkways, lighting, total pedestrian access, trash, drainage, sanitary connections and all utility connections.  Mr. McCarville wanted it stated that no vehicles would be parking on the shoulder of Route 130, Old Trenton Road and Bergen drive.  He felt that would create a safety issue. 

 

Ms. Marcelli said that there was permitted parking on Bergen and asked that the applicant be cooperative.

 

Mr. Smith noted the hours of operation would be Monday through Friday 9:30 a.m. to 6:00 p.m. and Saturday 10:00 a.m. to 4:00 p.m. and no operation on sundays.  The exterior elevations and materials submitted to the Township Engineer for her consideration and approval.  The units would be removed no later than June 30, 2005.  The units would be used as office only with no retail or customer access.

 

Mr. Green read the resolution.

 

Mr. Johnson motioned for the approval of the resolution.  Mr. Shea seconded the motion.

 

 

VOTE ROLL CALL

 

             AYES:      Mr. Gerberich, Mr. Johnson, Ms. Kemp, Mr. McCarville, Mr. Patterson, Mr. Shea, Mr. Smith

             NAYS:      None

       ABSTAIN:      None

        ABSENT:      Mr. Toscano

 

MOTION CARRIED

 

 

 

ZBA 067-03   Omnipoint Communications, Inc.

Block 25, Lot 42.01

156 Plainsboro Road

Use Variance & Minor Site Plan for Cellular Tower

 

REPRESENTATIVES:       Joseph A. O=Neill, Esquire

 

 

FULL TRANSCRIPT AVAILABLE IN PLANNING/ZONING OFFICE

 

Ms. Christine Malone of CompComm, Township Radio Frequency Engineer, previously sworn, gave her report and testimony.  Mr. O=Neill cross examined her.

 

Mr. Moskowitz gave testimony and was cross examined.

 

Mr. Smith opened the floor to the public.

 

Carol Beaver, 154 Plainsboro Road, felt this would affect her quality of life and view shed and would be a blight on the landscape..

 

Gary Giaclone, 158 Plainsboro Road, voiced he was against the tower construction.

 

Peter Crumin, 154 Plainsboro Road, felt the land use would be inappropriate.

 

Robert Amico, 19 Nicola Court, was adamantly opposed to the location of the tower.  Felt Omnipoint had failed at finding alternative sites.

 

Ebrajesh Ugra, 93 Petty Road, tower would be practically in her backyard.

 

Mike Guarasci, 7 Nicola Court, wanted to see Omnipoint provide customer complaints.

 

Mr. Connelly, 81 Petty Road, questioned how customer complaints did not matter, according to the applicant.

 

Mr. Shea motioned for a denial, based on the testimony (provided in the transcripts).  Mr. McCarville seconded the motion.  There was added discussion regarding adding the language negative visual impact, concern for precedent, contrary to the Master Plan and action of the community acquiring and preserving farmland, and no in-depth discussions on alternative sites.

VOTE ROLL CALL

 

             AYES:      Mr. Gerberich, Mr. Johnson, Ms. Kemp, Mr. McCarville, Mr. Shea, Mr. Smith

             NAYS:      None

      ABSTAIN:      None

       ABSENT:      Mr. Toscano

 

MOTION CARRIED FOR DENIAL

 

 

ADJOURNMENT OF MEETING

 

There being no further business, on motion duly made, seconded, and carried, the meeting was thereupon adjourned 11:55 p.m.

 

CERTIFICATE OF SECRETARY

 

I, undersigned, do hereby certify;

 

That I am duly elected and acting secretary of the Cranbury Township  and,

 

That the foregoing minutes of the Zoning Board of Adjustment Meeting, held on January 12, 2005, comprised of 2 pages, constitute a true and correct copy of the minutes of the said meeting.

 

IN WITNESS WHEREOF, I have hereunto subscribed, my name of said  this June 8, 2005.

 

 

                                                                       

Josette C. Kratz, CPS

 

 

/jck

Attachment