MINUTES

OF THE

ZONING BOARD OF ADJUSTMENT

CRANBURY TOWNSHIP

CRANBURY, NEW JERSEY

MIDDLESEX COUNTY

 

                                                           

TIME AND PLACE OF MEETING

 

            The regular meeting of the Cranbury Township Zoning Board of Adjustment was held at the Township Hall (Old School Building) Main Meeting Room, 23-A North Main Street, Cranbury, New Jersey, on September 6, 2006, at 7:30 p.m.

 

 

CALL TO ORDER

 

Dale Smith, Chairperson, of the Cranbury Township Zoning Board, called the meeting to order and acted as the Chairman thereof, and, Josette C. Kratz acted as Secretary of the meeting.

 

 

STATEMENT OF ADEQUATE NOTICE

 

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

 

 

MEMBERS IN ATTENDANCE

 

Jim Gerberich, Alain Hebert, Glenn Johnson, Richard Johnson (7:48 p.m.), Adrienne Kemp, Matthew McCarville, Frank Shea, Dale Smith

 

 

PROFESSIONALS IN ATTENDANCE

 

Steven Goodell, Esquire, Zoning Board of Adjustment; Virginia Guinta, Court Reporter; Josette C. Kratz, ZBA Secretary; Cathleen Marcelli, Township Engineer; Richard Preiss, Township Planner

 

 

RESOLUTION

 

ZBA 414-00    Cranbury Service Center

                        Block 10, Lot 12.02

                        Route 130

                        Preliminary & Final Site Plan w/Bulk Variance

                        Extension of Time

 

Ms. Kemp moved that the resolution extending the time for one-month be approved.  Mr. Shea seconded the motion.

 

ROLL CALL:

          AYES:   Jim Gerberich, Alain Herbert, Glenn Johnson, Adrienne Kemp,

                        Frank Shea

          NAYS:   None

    ABSTAIN:   None

     ABSENT:   Richard Johnson, Donald Patterson

 

MOTION CARRIED

 

 

 

APPLICATIONS

 

ZBA 414-00    Cranbury Service Center

                        Block 10, Lot 12.02

                        Route 130

                        Preliminary & Final Site Plan w/Bulk Variance

                        Extension of Time

 

REPRESENTATIVES:            Donald S. Driggers, Esquire

                                                Julia Algerio, Maser Consulting

                                               

August 30, 2006 they received a letter and anticipate a resubmission to the State NJDOT and hope to get the DOT approval.  Part of the NJDOT review they wanted photometrics.  They anticipated an approval in less than 30 days or as much as 60 days.  The other approvals have been granted, if not conditional.  Once they submit documents they will submit outstanding documentation.

 

Ms. Marcelli was concerned with construction beginning before the colder months.  She also felt there were deadlines on the construction permits.

 

Mr. Driggers indicated that they would be recording the deeds and get the other approvals.  The start date was the issue.  It is difficult to control the time issue for approval from NJDOT.  Ms. Marcelli agreed that the applicant had been diligent in trying to receive their approval, but felt there should be some control issues within this extension approval.

 

Ms. Marcelli wanted to see plans to see if there were any changes.

 

Mr. Smith opened the floor to the public, there were no comments.

 

Mr. Smith hoped that within 60 days they would get an update or a realistic time line for extension of start of construction and completion of construction.

 

Mr. Shea felt that was reasonable.

 

Frank Shea motioned for an extension until November 1, 2006 all others will follow a month after this date and so forth.  Alain Hebert seconded the motion.

 

ROLL CALL:

 

          AYES:   Jim Gerberich, Alain Herbert, Glenn Johnson, Adrienne Kemp, Matthew McCarville, Frank Shea

          NAYS:   None

    ABSTAIN:   Richard Johnson

     ABSENT:   Donald Patterson

 

MOTION CARRIED

 

 

 

ZBA 115-06    Dreyling, Robert & Luba

                        Block 19, Lot 16

                        32 Cranbury – Hightstown Road

                        Use Variance for an Additional Kitchen

 

REPRESENTATIVES:            Donald S. Driggers, Esquire

Robert & Luba Dreyling

 

 

The applicant wanted to put a kitchen, which was not permitted, creating a two-family residence.  They agree that they would put a deed restriction that approval would only remain as long as the Dreylings owned the property.

 

The applicants were sworn and proper notice was given prior to the August 2, 2006 meetings and jurisdiction was conferred to the board to hear the matter at that time and carried without any further notice.

 

Property surrounding the applicant’s residence was mostly open space.  The addition was to provide additional living area for him and his wife.  They are very close to their daughter and would like to remaining living together.

 

EXHIBITS A1 – A4          Photos taken prior to construction

EXHIBITS A5 – A8          Photos taken, as it presently exists after construction of the addition

 

The property would only be sold as a single-family residence.

 

EXHIBIT A9                     Floor Plan prepared by Richard Schroeder on January 16, 2006

 

A building permit has been obtained and most construction completed.  The plans submitted for a building permit do not show a kitchen.  The plans submitted to the Board are with a kitchen, which are dated last revision April 2006. 

 

EXHIBIT A10             Letter from Jeff Graydon dated 4/30/06 denial of application for installation of the kitchen to the addition

 

The Zoning Officer’s decision was the kitchen would change shared space to two separate residences.

 

Both the Dreylings daughter and son were raised in this home, but this would allow for the Dreylings to remain in the home as senior citizens and their daughter’s family to remain residing in the home also.

 

Their daughter had grown up in Cranbury and wanted to move back, but could not afford a home for her family in Cranbury.  In addition, this would allow the Dreylings to remain in Cranbury during their retirement.  This application provided for senior housing, albeit innovated. 

 

They would use the kitchenette occasionally to eat by themselves and also on holidays it will enable them to prepare additional food.

 

Mr. Preiss felt the applicants addressed the criteria of the MLUL and it was up to the board as whether they would accept the criteria.

 

Mr. Richard Johnson felt the approval should not be granted based on the property not the occupants.  It looks like a two-family dwelling and the issue would set precedent.  The challenge was subsequent owners and enforcement would become a problem.

 

Mr. Goodell said the goal would be a focus on land rather than the owner.  There was a question of this approval become limited outside of the structure of the MLUL.

 

Mr. Richard Johnson asked if the property was sold could there be a condition to remove the kitchen.

 

Mr. Goodell felt that there should be a condition for no commercial use.

 

It was indicated that the merits of the application were more than adequate parking, screened location surrounded by farm land, and not part of a subdivision.

 

Mr. Andy Moutenot, 3 Wynnewood Drive,  have seen only two others; one for a wet bar and the other for an outbuilding and did not feel it was setting precedent.

 

Ms. Goodell summarized conditions remain single family, kitchen removed upon transfer, no commercial use, no occupation or rental by non-family member, or deed restriction incorporating conditions.

 

Mr. Dreyling indicated that they may deed the house to their daughter at sometime.  Internally they will have to decide who will pay for what.

 

Use would be as a single-family home.

 

Mr. Shea motioned for the approval of the application.  Mr. McCarville seconded the motion.

 

ROLL CALL:

 

          AYES:   Jim Gerberich, Alain Herbert, Glenn Johnson, Richard Johnson, Adrienne Kemp, Matthew McCarville, Frank Shea

          NAYS:   None

    ABSTAIN:   None

     ABSENT:   Donald Patterson

 

MOTION CARRIED

 

 

APPOINTMENT OF A RADIO FREQUENCY EXPERT

 

Mr. Shea motioned for the retaining of Bruce A. Eisenstein and the service of The Consulting group for cellular and personal communications systems sighting issues.  Mr. Richard Johnson seconded the motion.  Board unanimously approved the appointment of Mr. Eisenstein.

 

Mr. Goodell swore Mr. Eisenstein and qualified him as an expert.

 

Mr. Smith announced that he did have a chance to read the transcripts.  Mr. McCarville did not have time to prepare and read the transcript and if this application was continued he would read them.

 

 

ZBA 108-06    Sprint Spectrum L.P.

                        Block 7, Lot 23.02

                        2682 U.S. Route 130

                        Use Variance for Wireless Telecommunications Facility

                        With Preliminary and Final Site Plan

 

REPRESENTATIVES:            Diane Constantine, Esquire

                                                Glen Pierson, Wireless Telecommunication Expert for Sprint

                                                Frank Colasurdo, Frank Colasurdo Architects

                                                James Miller, P.P., Planner

 

 

EXHIBIT A-6              List Alternate Sites

EXHIBIT A-7              Two letters sent to Americantown Water

EXHIBIT A-8              HPC Letter of June 2006 from Bobbie Marlow

EXHIBIT A-9              Reliable Coverage from Alt Police Dept & Sprint Existing Wireless Installations

EXHIBIT A-10            Reliable Coverage from Alt Fire House Location @ Approximately 125 ft

EXHIBIT A-11            Proposed Site @ 150 ft – Reliable Coverage Proposed and Existing Wireless Communications

EXHIBIT A-12            Proposed Site @ 140 ft – Reliable Coverage Proposed and Existing Wireless Communications

EXHIBIT A-13            Proposed Site @ 130 ft – Reliable Coverage Proposed and Existing Wireless Communications

EXHIBIT A-14            Architectural Sheet Z3 Colorized, dated May 8, 2006 by Frank Colasurdo Architect

EXHIBIT A-15 (a & b)            EXB. Z4 & Z5, Dated last revised 8/30/2006

 

 

Mr. Pierson went through the alternate sites and their potential issues with those sites. 

 

Mr. Eisenstein explained that propagation was a random phenomenal and the model takes in account for the median, sometimes it is actually better.  Going up too high was as bad as not going high enough due to cell interference. There was a range that they can stay within.

 

John Ritter, Plainsboro Road, asked if we install proposed tower can we eliminate existing firehouse tower? Do we have the same ability for collocations?  Wanted to see map by number of users.  Would like to the same information number of users and how much it degrades.  We don’t know what would be happening in East Windsor because it is a different organization. 

 

Mr. Smith asked if we could enforce this as zoning approval collocations? Mr. Goodell said that we could not require them to enter in contracts.  If for aesthetics reasons restrictions could be made.  Collocations would have to show “proofs”.

 

Bill Beam, South Main Street, asked if ground/field surveys done to verify that it represents the conditions that exist currently?

 

Mr. Pierson said drive tests were in addition to other data.

 

Mr. Beam asked about the subleasing and the systems compatibility with Nextel and the amount of proliferation of towers that could go on this location. Mr. Pierson said that the tower could handle both technologies.

 

Mr. Beam asked to relocate existing fire house tower to this proposed tower.  Mr. Smith explained that this application and the fire house tower are two separate issues and the fire house can not be discussed here.

 

Pete Mavoides, 10 South Main Stree, asked what the zoning process for the Township tower.  Mr. Goodell said that municipalities are not required to conform to its own ordinances.  Mr. Preiss said that the bid as proposed was consistent with the zoning.  Mr. Moutenot said that was a wrong statement. 

 

Mr. Moutenot said the RFP clearly suggested this was a preferred site.  It seemed inconsistent there are two different governing bodies that could make the firehouse site moot.  We are working at odds of one another and make the public suspect of one and another.  It is inconsistent and a horrible consideration to put up a huge tower right next to Heritage Park.

 

Mr. Smith said that this was not the body in which to discuss this topic.

 

Ms. Stasi, Old Cranbury Road, commented that Township code setbacks were to be 800 ft.  Mr. Preiss said not within this residential zone.  Ms. Stasi asked about Petty Road as a proposed site, would that site be needed if the tower was on Mr. Hasselbach’s property and would they also be interested in the Plainsboro/Petty Site if they were on the firehouse site.

 

Mr. Pierson said that with the Hasselbach property they would still need the future site and the same would be for the firehouse.

 

Mr. Marlowe, 11 North Main Street, asked if the township built its tower to accommodate Sprint and this application was approved would Sprint use this tower?  Mr. Pierson said that they would use one or the other, not both.  He could not comment further at this time.

 

Ms. Constantine explained that they could not discuss the firehouse site because it was currently under the competitive bidding process.

 

Mr. Goodell explained that one of the ZBA was not a policy making board and sits as a quasi-judicial board.  The Township has another process going on simultaneously. This ZBA has an obligation to hear this application and cannot consider the other site.

 

Mr. Colasurdo was qualified.  He explained the characteristics of the wireless facility and components.  This would be an unmanned facility that runs 24 hours/7 days a week.  There would be no traffic generated, no need for water or sewage.   Once constructed there will be routine visits to do general housekeeping items and diagnostics.   This would be a fenced in facility with panel and monopole.

The landlord has made available additional space for collocation equipment.

 

The applicant’s proposal depends on whether the board wants one carrier or additional carriers on this pole.

 

Mr. Smith asked how big it would have to be for more collocators.   Mr. Preiss said that the board should have an application before them  showing what Sprint was proposing, with the possible plan that showed what they think it would look like with the additional users.

 

Ms. Constantine said that they were amending the application for the cabinets.  Mr. Smith said that the Board would need to assured that this was a realistic expectation.

 

Mr. Smith asked to see a drawing of the flush mount and the photo-simulations.

 

Mr. James Miller, P.P., Planner was sworn and qualified as an expert.  There are a variety of flush cluster/mounted antennae. 

 

Mr. Preiss asked if the professional could meet and discuss some of the expectation.

 

Mr. Miller said that the different types are only noticeable close up, the distance that anyone would see is at least 400 ft.

 

Mr. Pierson explained that the close mounted would limit where the antennae could move directionally.

 

Mr. Smith said it would be good to see what the two stacks of six would be. 

 

Mr. Ritter felt it was desirable for the Township onto that tower.

 

Mr. Eisenstein said that it is a totally different design and there is no indication that emergency services want to move, not to mention the enormous cost involved.

 

Mr. R. Johnson asked about the consideration of exhausting all other alternatives sites, with that he does not know how the ZBA could not discuss the firehouse site.   He asked the attorney to answer what consideration this board makes with regard to an alternative site that happens to be the firehouse site.

 

Mr. Goodell used that balance of proofs required for this use variance.

 

This application was carried until October 4, 2006 without further notice.

 

ADJOURNMENT OF MEETING

 

            There being no further business, on a motion duly made, seconded, and carried, the meeting was thereupon adjourned at 12:10 p.m.

 

 

CERTIFICTATE OF SECRETARY

 

            I, undersigned, do herby 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 September 6, 2006, comprised of 9 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 October 4, 2006.

 

 

                                                                                                                                                                                                                        Josette C. Kratz, CPS

 

/jck