The regular meeting of the Cranbury Township Planning Board was held at the Cranbury Town Hall Municipal Building, Old School Building, 23-A North Main Street, Cranbury, New Jersey, Middlesex County, on August 4, 2005 at 7:30 p.m.




            Thomas Harvey, Chairperson, of the Cranbury Township Planning Board, called the meeting to order and acted as the Chairman thereof.




            Pursuant with the Sunshine Law adequate notice according to 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 personal notice, and filed with the municipal clerk.




Mr. Weidner, Mr. Dreyling, Mr. Speer, Mr. Stannard, Mr. Harvey, Mr. Golubieski




Carolyn Cummings, Court Reporter; Josette C. Kratz, Secretary; Andrew A. Feranda, Traffic Consultant; Cathleen Marcelli, Township Engineer; Joseph Stonaker, Planning Board Attorney.




June 9, 2005 Minutes


Page 4, Roll Call missing his name of which Mr. Golubieski and Ms. Weidner abstained.


Motion for approval made and seconded and unanimously approved.




PB 375-99       KHOV

                        Block 20.07, Lot 1

                        Block 20, Lot 10.01

                        Old Trenton Road

                        Soil Removal


WITNESSES:  Charleen Roberts, Esquire

                                    Thomas Anderson, KHOV


Township professional, Cathleen Marcelli was sworn also along with Mr. Anderson.


The applicant sought modification to the soil removal plan originally approved for the community and amended back in July 2004.  The resolution permitted KHOV to export 15,000 CY of excess soil to 4 Season @ South Brunswick community via Route 130 and Old Trenton Road.  They would allow no exportation past September 2004 as part of the approval.  The applicant was back tonight for a modification of those conditions.  They had exported most of that soil.  In the past year there had been a result of additional soil exportation needed.  Tom Anderson, the community manager in South Brunswick and Cranbury answered questions.


KHOV had an understanding with Sharbell who is in need of soil.  They have submitted a letter showing Sharbell’s agreement to accept the soil. They have received a memo from Hatch Mott McDonald regarding the request and recommendations of conditions.  The only change was that each truck load was about 15 CY and that would be about 700 truck loads.


It was asked if there would be allowance for flexibility to allow to give Mr. Hagerty part of the 11,000 CY next door.  There was the request to amend the application to allow for the exportation up to 11,000 CY to Sharbell and up to 2,000 CY to Hagerty.


September 2nd was a satisfactory date.


Ms. Marcelli asked where the additional material came from.  Mr. Anderson said that they had taken out 12 to 13,000 CY of the original 15,000 CY.  Ms. Marcelli said they should have identified it earlier. 



Ms. Marcelli said that there were prior approvals to import up to was up 14,000 CY. 


Mr. Speer said that if they wanted the whole 11,000 CY then why have the Hagerty site. 


Ms. Roberts said it was just brought to their attention that they needed some soil for Hagerty.  They just want to bring it to the board’s attention and perhaps to have the resolution reflect that consent to flexibility.


Mr. Tony Mageitto of Sharbell was sworn and explained that they were in the need of the entire export that they have.


Mr. Harvey guessed that the resolution could read that whatever Sharbell does not want can go to Hagerty up to 2,000 CY.  If it turns out that they do not want it all or if they do they will get it.


Mr. Harvey said that they did not see the downside of saying that if there was surplus, up to 2,000 CY they could use it.


Mr. Stannard said that he agreed that if Sharbell could use it all they should have it all.


Mr. Dreyling asked what would happen if they started to export the soil before the resolution of approval.  Mr. Stonaker said that since this was an amendment that would be satisfactory.  He did not think that they had to wait for the resolution.


Ms. Marcelli asked if the property that they were depositing the soil on was the property dedicated to the Township.  She thought that she had heard testimony that this material was all tested to be clean fill.  Now that they have generated more, due to the winter, it should be tested.  She was concerned was that there was no testing done before they developed it and now there is excess material being developed from Hagerty’s property.  That excess material going to the Sharbell site, which will eventually be the Township’s site.  The Township does not need to acquire a piece of property contaminated.


Ms. Roberts said that they needed more time to move it, more than September 2nd.  Mr. Harvey said then from the 2nd to the 9th it could be done between 10:00 a.m. and 2:00 p.m.  Ms.  Robert said that she was not sure when the consultant could get out there and do the samples and even on an expedited basis they are going into a weekend so the reality is that this cannot begin until next week, only giving two weeks to do 700 truck loads.



Mr. Stonaker suggested that they have it from Monday to Saturday through September 2nd,

Monday through Friday 10:00 a..m. to 2:00 p.m. from September 2nd to September 9th.  They will get Saturdays so they should get it up before September 2nd.


There were no public comments.


Mr. Golubieski motioned to amend the minor site plan approval of 11,000 CY of access to Sharbell subject to the conditions outlined in the engineer’s report.  The trucking route shall be approved by the Township Engineer.  Change in the hours of operation to Monday to Saturday through September 2nd, Monday through Friday 10:00 a..m. to 2:00 p.m. from September 2nd to September 9th.  They will get Saturdays so they should get it up before September 2nd.  The applicant will provide testing of the soil reviewed and approved by the Township Engineer.


Mr. Dreyling seconded the motion.




             AYES:      Mr. Dreyling, Mr. Kehrt, Mr. Speer, Mr. Stannard, Mr. Stout, Ms. Weidner, Mr. Harvey

             NAYS:      None

       ABSTAIN:      None

        ABSENT:      None







There being no further business, on motion duly made, seconded, and carried, the meeting was thereupon adjourned.



                        I, Undersigned, do hereby certify;


                        That I am duly elected and acting secretary of the Cranbury Township Planning Board and, that the foregoing minutes of the Planning Board, held on August 4, 2005, consisting of   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 Planning Board this October 6, 2005.




                                                                        Josette C. Kratz, Secretary