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.
Regular
Committee Minutes of June 12, 22 & 27, 2006
On motion by Mr. Stannard, seconded by Mr.
Wittman and unanimously carried, the Regular Committee Minutes of June 12, 2006
were adopted.
On motion by Mr. Stannard, seconded by Mr.
Wittman and unanimously carried, with Mr. Stout abstaining, the Regular Committee
Minutes of June 22, 2006 were adopted.
On motion by Mr. Wittman, seconded by Ms.
Stave and unanimously carried, with Messrs. Stannard and Stout abstaining, the
Regular Committee Minutes of June 27, 2006 were adopted.
Closed Session Minutes of June 12, 2006
On motion by Mr.
Stannard, seconded by Mr. Wittman and unanimously carried, the Closed Session
Minutes of June 12, 2006 were adopted.
Reports and Communications
--Mayor
Mayor Panconi reported he had held Mayor’s hours on
Saturday, July 8, 2006 from 8:30 a.m. until 10:30 a.m. The Fire Company had come in and given their
monthly report: there were 11 calls for the month of June, 2006; six of the
calls were from 6:00 a.m. to 6:00 p.m. and five (5) calls were from 6:00 p.m.
to 6:00 a.m. and also had mentioned there had been three (3) daytime calls
between 7:00 to 3:00 p.m. which had affected the Public Works’ employees who
were volunteers. Of note, there had been
two false alarms at a pharmaceutical company, caused by a contractor failing to
notify to put their system on test. The
Fire Official will be sending out a letter. They also reported there had been
an average of eight (8) men out on each call.
The members had been in attendance at the Fishing Derby and Strawberry
Festival and had had their monthly drill and meeting. Mayor Panconi stated he had a gentleman come
in from Preferred Real Estate, the owners of the former Rhodia site, regarding some
issues they are having. They plan to
take down a couple buildings on the campus portions of which are in both Cranbury
and
Reports and Communications
--Mayor
Cranbury. Mayor
Panconi stated he planned to speak with the Township Engineer about the issue.
--Members of Committee
Mr. Wittman
reported he had met with a resident on
--Subcommittees
There were no
reports.
Agenda
Additions/Changes
Mayor Panconi announced an addition to the Work Session of
item d—“Discussion of Hillsboro’s land development ordinance.
Ordinances
Second
A motion to enter an Ordinance entitled, “Cranbury Township
Ordinance # 06-06-16, AN ORDINANCE OF THE TOWNSHIP OF CRANBURY, MIDDLESEX
COUNTY, NEW JERSEY, AMENDING CHAPTER 110, “PEACE AND GOOD ORDER” OF THE CODE OF
THE TOWNSHIP OF CRANBURY TO PROHIBIT THE FEEDING OF WILDLIFE ON TOWNSHIP-OWNED
PROPERTY”, was presented for second reading and final adoption. The Ordinance was published in the Cranbury
Press, posted on the Township Bulletin Board and copies were available to the
public. The Mayor opened the public hearing
on the Ordinance. Mr. Stout noted the Ordinance was an element of the new Storm
Water regulations. No one else present
wished to speak, so the hearing was declared closed. On motion by Ms. Stave, seconded by Mr.
Stannard, the Ordinance was adopted by a vote:
Ayes: (Panconi Abstain: (None
(Stannard Absent: (None
(Stave
(Stout
(Wittman
Nays: (None
A motion to enter an Ordinance entitled, “Cranbury Township
Ordinance # 06-06-17, AN ORDINANCE OF THE TOWNSHIP OF CRANBURY, MIDDLESEX
COUNTY, NEW JERSEY, AMENDING CHAPTER 130, “STREETS AND SIDEWALKS” OF THE CODE
OF THE TOWNSHIP OF CRANBURY TO PROHIBIT ILLICIT CONNECTIONS TO THE MUNICIPAL
SEPARATE STORM SEWER SYSTEM AND TO PROHBIT THE SPILLING, DUMPING OR DISPOSAL OF
MATERIALS OTHER THAN STORMWATER TO THE MUNICIPAL SEPARATE STORM SEWER SYSTEM”,
was presented for second reading and final adoption. The Ordinance was published in the Cranbury
Press, posted on the Township Bulletin Board and copies were available to the
public. The Mayor opened the public
hearing on the Ordinance. No one present wished to speak, so the hearing was
declared closed. On motion by Mr.
Wittman, seconded by Ms. Stave, the Ordinance was adopted by a vote:
(Continued)
Ayes: (Panconi Abstain: (None
(Stannard Absent: (None
(Stave
(Stout
(Wittman
Nays: (None
A motion to
enter an Ordinance entitled, Cranbury Township Ordinance # 06-06-18, AN ORDINANCE
OF THE TOWNSHIP OF CRANBURY IN MIDDLESEX COUNTY, NEW JERSEY, AMENDING CHAPTER
13, “DRUG ABUSEAND ALCOHOLISM, MUNICIPAL ALLIANCE COMMITTEE” OF THE CODE OF THE
TOWNSHIP OF CRANBURY”, was presented for second reading and final
adoption. The Ordinance was published in
the Cranbury Press, posted on the Township Bulletin Board and copies were
available to the public. The Mayor
opened the public hearing on the Ordinance. Mr. Witt, Administrator, explained
the Ordinance was being adopted to alleviate a problem the Municipal Alliance
had in obtaining a quorum of members at a meeting due to the requirement of 15
members. No one else present wished to speak, so the hearing was declared
closed. On motion by Mr. Stout, seconded
by Ms. Stave, the Ordinance was adopted by a vote:
Ayes: (Panconi Abstain: (None
(Stannard Absent: (None
(Stave
(Stout
(Wittman
Nays: (None
Resolution
Mayor Panconi gave a brief summary of the circumstances surrounding the
following Resolution--explaining the Resolution was to memorialize the Township
Committee’s previous decision to overturn the decision which had been rendered
by the then H.P.A.C. regarding an application of John & Cheryl Corr, 99
North Main Street, regarding a pergola roof that had been built:
On motion offered
by Ms. Stave, seconded by Mr. Stout, the following resolution was adopted by
vote:
Ayes: (Panconi Abstain: (None
(Stannard Absent: (None
(Stave
(Stout
Not
Voting: Mr. Wittman
Nays: (None
(Continued)
RESOLUTION OF MEMORIALIZATION
I/M/O APPEAL BY JOHN AND CHERYL CORR FROM THE FEBRUARY 7, 2006 HISTORIC
PRESERVATION COMMISSION’S DENIAL OF A CERTIFICATE OF APPROVAL FOR
WHEREAS, John and Cheryl Corr are the owners of property
located at 99 North Main Street and designated on the Cranbury Township Tax Map
as Block 28, Lot 1.01, which is improved with a single-family dwelling and a
detached two-car garage; and
WHEREAS, the Corr applied to the Historic Preservation
Commission (then known as the Historic Preservation Advisory Committee, or
HPAC) in 2003 for a certificate of appropriateness (now called a certificate of
approval) to construct a pergola between their garage and the side of their
house, with a metal roof covering a portion of a pergola; and
WHEREAS, during the course of the
application, the Corr agreed to lower the pitch of that roof from what they had
originally proposed (a 2.5-inch rise over one foot) to a 1.5-inch rise over one
foot; and
WHEREAS, on January 7, 2004, HPAC
approved the Coors’ application, with the lower roof pitch; and
WHEREAS, on or about April 19, 2005,
HPAC learned that the roof covering the pergola was steeper than approved, and
notified the Corr by letter dated April 21, 2005 that the roof was
nonconforming; and
WHEREAS, the Corr applied for a
certificate of appropriateness for the new roof pitch; and
WHEREAS, HPAC voted to deny this
application; and
WHEREAS, to create a consolidated
record, the Corr on January 24, 2006 filed a new application for a certificate
of appropriateness for the pergola roof; and
WHEREAS, on February 7, 2006, HPAC
denied the application; and
WHEREAS, on February 10, 2006, the Corr
filed a notice of appeal with the Township Clerk, indicating their intent to
appeal HPAC’s decision to the Township Committee of the Township of Cranbury pursuant
to former section 93-9.G of the Code of the Township of
Cranbury (Code), the provisions in effect when the appeal was filed; and
WHEREAS, on May 22, 2006, and
pursuant to said Code provision, the Township Committee held a public hearing
regarding the appeal, during which it heard testimony and arguments from the Corr’
attorney and the Chairperson of the Historic Preservation Commission (fka
HPAC); and
WHEREAS, Township Committee also
considered the applicants’ submissions and the full record created before HPAC;
and
WHEREAS, based on the information submitted prior to the
hearing and the testimony and arguments provided during the hearing, the
Township Committee hereby makes the following findings of fact:
(Continued)
A.
The applicants, John and Cheryl Corr, are the record owners of a
single-family home located at
B.
In 2003 the Corr applied to the Historic Preservation Commission, then
known as the Historic Preservation Advisory Committee (HPAC), for a certificate
of approval
C.
(referred to at the time as a certificate of appropriateness) to
construct a pergola between their detached garage and the side of their house,
with a proposed metal roof covering a portion of the pergola;
D.
During the course of the application, the Corrs agreed to lower the
pitch of that roof from what they had originally proposed (a 2.5-inch rise over
one foot) to a 1.5-inch rise over one foot;
E.
On January 7, 2004, HPAC approved the Corrs’ application for a
certificate of appropriateness with the lower roof pitch;
F.
On or about April 19, 2005, HPAC learned that the roof covering the
pergola had not been built according to the approved plans, in that instead of
the approved 1.5-inch rise, the pergola roof in fact had a 4-inch rise. By
letter dated April 21, 2005, HPAC notified the Corrs of this nonconformity;
G.
On June 7, 2005, Mr. Corr appeared before HPAC to explain that the pitch
of the roof had been changed in the field because of concerns regarding the
roof’s ability to bear the weight of a heavy snow load if left at a 1.5-inch
pitch. No prior approvals had been obtained for this change. HPAC voted to deny
the application for a certificate of appropriateness for the altered roof
pitch;
H. The record reflects that the matter
of the roof pitch was further discussed by John Corr and HPAC at HPAC’s
September 20, 2005 meeting, when Mr. Corr was before HPAC on two other
applications;
I.
On October 3, 2005, the Corrs filed a formal letter with the Township
Clerk appealing HPAC’s June 7 denial. At the time, there was considerable
confusion regarding the date of the decision from which they were appealing
(many, including Mr. Corr, mistakenly thought the date was September 20);
J. On January 24, 2006, the Corrs filed
a new application for a certificate of appropriateness for the pergola roof.
The reason for the new application was to eliminate the confusion that had surrounded
the prior applications and create a consolidated record for Township
Committee’s review should the Corrs renew their appeal;
K. On February 7, 2006, HPAC denied the
application;
L. Apart from the change in pitch, the
roof was built as approved in 2004;
M. Among HPAC’s objections to the
altered pitch of the roof are that (a) at the lower, approved, height, the roof
did not detract from the pergola’s visual similarity to a garden structure,
whereas at the current pitch, the roof now ties the garage and
(Continued)
N. house together, which is
historically inaccurate; (b) at the higher pitch, the roof contributes to an
overall impression of mass; (c) at the higher pitch, the roof material, which
was acceptable when the roof was lower, is now too shiny and visually
intrusive; and (d) the Corrs never returned to HPAC before altering the pitch
of the roof, or provided HPAC with an adequate explanation as to why the roof
cannot now be restored to the original approved height.
and
WHEREAS, the Township Committee makes the following
additional findings and conclusions:
A.
The
change in pitch was a field change necessitated by a concern regarding snow
load and was done in good faith;
B.
The
Corrs have spent considerable amounts of money improving their property, and to
require them to dismantle and rebuild the pergola roof at the approved rise of
1.5 inches per foot would cause further needless expense;
C.
The
feeling of mass on the property is primarily attributable to the size of the
garage rather than to the pergola roof, even with the roof’s steeper pitch;
D.
The
Corrs have consistently acted in a spirit of cooperation and good faith as they
pursued HPAC approvals for the pergola, fencing, and other improvements to
their property, and have made every effort to build something that is both
attractive and consistent with the Township’s emphasis on historic
preservation;
E.
To
require the Corrs at this stage to dismantle and replace the pergola roof would
cause a hardship not commensurate with the extent of the roof’s deviation from
what HPAC had approved.
and
WHEREAS, the Township Committee
emphasizes that it does not wish its decision to reflect poorly on HPAC, which
has ably pursued its mandate; and
WHEREAS, the Township Committee
further emphasizes that its decision is strictly confined to the narrow facts
of the current appeal and is not to be construed as precedent-setting;
NOW, THEREFORE, BE IT RESOLVED by the
Township Committee of the
1. HPAC’s
denial on February 7, 2006 of the Corrs’ application for a certificate of
appropriateness for the as-built pergola roof is hereby REVERSED, and the
Administrative Officer of the Historic Preservation Commission (successor to
HPAC) is directed to issue a certificate approval to the Corrs for the as-built
roof.
2. The
Township Clerk is directed to provide a copy of this resolution to the Corrs
and/or their attorney without charge.
3.
The
Township Clerk is further directed to cause a notice of this decision to be
published in the Township’s designated newspaper, as required by law.
[ROLL CALL AND CERTIFICATION ON NEXT
PAGE]
(Continued)
ROLL
CALL ON MOTION TO REVERSE AND ISSUE CERTIFICATE OF APPROVAL (MAY 22, 2006):
Ayes - 4 Nays - 1 Abstain
- 0 Absent - 0 Not Voting - 0
Stave: Aye
This
Resolution adopted July 10, 2006 memorializes the actions taken at a meeting of
the Township Committee of the
ROLL CALL ON MEMORIALIZATION, July 10, 2006
CERTIFICATION
I, Kathleen R. Cunningham, Clerk of the
__________________________
Kathleen
R. Cunningham, Clerk
Resolutions
Consent Agenda
On motion
offered by Ms. Stave, seconded by Mr. Stannard, the following Consent Agenda
Resolutions were adopted by vote:
Ayes: (Panconi Abstain: (None
(Stannard Absent: (None
(Stave
(Stout
(Wittman
Nays: (None
NOW, THEREFORE, BE IT RESOLVED, by the
(Continued)
A
RESOLUTION AUTHORIZING EXECUTION OF A RIGHT OF ENTRY AGREEMENT WITH
ALFIERI-HALF ACRE, LLC.
WHEREAS, Alfieri-Half Acre, L.L.C.
("Alfieri") owns an approximately 100± acre parcel of land located at
Half Acre Road and Liberty Way, and designated as Block 7, Lot 10 on the
Cranbury Township Tax Map ("Property"); and
WHEREAS, the Township of Cranbury
("Township") is currently in the process of constructing an extension
to Liberty Way along with related storm water detention infrastructure on a
portion of the Property; and
WHEREAS, the Township requires a
portion of the Property to construct the above improvements; and
WHEREAS,
the Township needs immediate access to the Property to begin construction of
the above improvements; and
WHEREAS,
Alfieri is willing to provide such access while it and the Township negotiates
the transfer of title to the needed portion of the Property;
NOW
THEREFORE, BE IT RESOLVED by the Township Committee of the
1. The Mayor and Clerk are hereby
authorized and directed to execute the Right of Entry Agreement attached hereto
as Exhibit A, or such other and substantially similar agreement as has been
approved as to form and substance by the Township Attorney acting in
consultation with the Mayor and Township Administrator.
2. The Township through its appropriate
staff and officials is hereby further authorized and directed to undertake any
and all such acts and execute any and all such other documents as may be
necessary and appropriate to effectuate the terms hereof.
CERTIFICATION
I, Kathleen R. Cunningham, RMC, Clerk of the
_________________________
Kathleen R. Cunningham, Clerk
A RESOLUTION CHANGING THE CUSTODIAN
OF A PETTY CASH FUND
WHEREAS, A.
Boyko was custodian of the Recreation Petty Cash Fund, and
WHEREAS, in
accordance with N.J.S.A. 40A:5-21, the
NOW,
THEREFORE, BE IT RESOLVED that the
(Continued)
Government
Services, New Jersey Department of Community Affairs for approval.
CERTIFICATION
I, Kathleen
Cunningham, Clerk, hereby certify that this is a true copy of a resolution,
which was adopted by the Township Committee on July 10, 2006.
___________________________
Kathleen
R. Cunningham, Clerk
A Resolution Adopting Street
Addresses
WHEREAS,
the Tax Collector has determined there is a need for the following street
address to be established:
BLOCK
3 1.01 Road
NOW,
THEREFORE BE IT RESOLVED, by the Township Committee of the
CERTIFICATION
I, Kathleen
R. Cunningham, Clerk of the
__________________________
Kathleen
R. Cunningham, Clerk
Reports from Township staff and
professionals
Mr. Van Hise, Esquire, reported on behalf of Trishka Waterbury, Esquire,
Township Attorney, the Simonson closing should be taking place either by the
end of the week or early next week.
Mr. Witt, Administrator, Administrator, gave a status report the ConAgra
odor issue. Mr. Witt indicated he had
received a letter from ConAgra’s consultant who was hired by ConAgra to address
the odor problem. The consultant had
sent a letter indicating they had performed some preliminary testing and would
be going ahead and implementing some of the solutions to the problem.
Mr. Witt also reported he had been served a summons, from the Middlesex
County Health Department through the Township’s Health Officer, for a violation
on the Wright property. A resident had called the Health Department to complain
the Township had wood piles directly on the ground. Mr. Witt explained the wood had been there
due to the clearing of the land for the proposed baseball field and the reason
they had not been moved was it would cost $1,000 for a dumpster and there was
not enough wood to fill an entire dumpster.
Mr. Witt stated he will now obtain a dumpster have the wood removed.
Reports from Township Boards and Commissions
There were
no reports.
Work Session
a.
Monthly Update on Police Department by Chief Jay Hansen (Jay Hansen)
Chief Jay Hansen gave his monthly
report to the Township Committee on the Police Department for the month of
June. He reported there had been a total
of 129 violations issued for the month of June: 38 issued in the Village area;
Route 130-82 and East of Route 130;9. Speeding violations: 7 in the Village
area. Chief Hansen reported a majority
(75) of the violations had been for not
wearing seat belts. Cranbury had participated in the nationwide “Click It or
Ticket” Program and had done an outstanding job. There had been 5 D.W.I. arrests and removed
from the roadway, 4 unlicensed drivers and 1 uninsured driver. Chief Hansen stated he intended to have an
increase in the stats over the next two months.
He also reported the overtime for the month had been within the Budget
and in reference to the Bike Patrol--the police officers had been out on at
least six (6) occasions and had forgotten to log in the other occasions. Chief Hansen reported the
c. Discussion
on adoption of Resolution # 07-06-100 to decrease Cranbury Township’s Open Space Tax from 3 cents to
2 cents per $100 of assessed value.
The Township Committee discussed
reducing the Open Space Tax from 3 cents to 2 cents per $100 of assessed value
and requesting the question be put on the ballot for the November 7, 2006
General Election. The Township Committee unanimously agreed to adopt the following
Resolution, mandating the question be put on the ballot:
On motion offered by Ms. Stave, seconded by Mr. Wittman, the
following resolution was adopted by vote:
Ayes: (Panconi Abstain: (None
Stannard Absent: (None
Stave
Stout
Wittman
(Continued)
Nays: (None
A RESOLUTION AUTHORIZING THE SUBMISSION TO THE VOTERS OF THE TOWNSHIP OF CRANBURY AT
THE GENERAL ELECTION ON NOVEMBER 7, 2006 A PROPOSITION AUTHORIZING THE DECREASE
OF THE TOWNSHIP’S ANNUAL LEVY FOR THE ACQUISITION, DEVELOPMENT AND MAINTENANCE
OF MUNICIPAL OPEN SPACE, FARMLAND AND HISTORIC PROPERTIES FROM $0.03 PER
$100.00 OF ASSESSED VALUE OF REAL PROPERTY TO $0.02 PER $100.00 OF ASSESSED
VALUE OF REAL PROPERTY, AS PERMITTED BY P.L. 1997, c. 24 OF THE LAWS OF THE
STATE OF NEW JERSEY.
WHEREAS, N.J.S.A.
40:12-15.7 (P.L. 1997, c. 24 of the Laws of the State of New Jersey) permits
the governing body of a municipality to submit to the voters of said
municipality in a general or special election a proposition authorizing the
imposition of an annual levy for an amount or at a rate deemed appropriate for
any or all of the following purposes, or any combination thereof, as determined
by the governing body:
(a) Acquisition
of lands for recreation and conservation purposes;
(b) Development
of lands acquired for recreation and conservation purposes;
(c) Maintenance
of lands acquired for recreation and conservation purposes;
(d) Acquisition
of farmland for farmland preservation purposes;
(e) Historic preservation of historic
properties, structures, facilities, sites, areas or objects, and the acquisition
of such properties, structures, facilities, sites, areas or objects for
historic preservation purposes; or
(f) Payment of debt service on indebtedness
issued or incurred by a municipality for any of the purposes set forth in
paragraphs (a), (b), (d), or (e) hereinabove; and
WHEREAS, by two separate referenda and an
initiative, a majority of the voters of the Township of Cranbury approved a
proposition by said Township to impose an annual levy of $0.03 per $100.00 of
assessed value of real property located in the Township for the establishment
of a Municipal Open Space, Recreation, and Farmland and Historic Preservation
Trust Fund and to appropriate annually that revenue for the purposes set forth
hereinabove; and
WHEREAS, the Township is currently undertaking
a revaluation of all real property within the Township, which will take effect
in 2007; and
WHEREAS, as a result of the ongoing
revaluation, it is anticipated that the average Township property assessment
may be approximately doubled, although the exact amount of said increase will
not be determined until 2007; and
WHEREAS, the anticipated increase in the
assessed values of real property in the Township will result in a corresponding
increase in the amount collected pursuant to the above-referenced levy; and
WHEREAS, N.J.S.A. 40:15.7d permits the
governing body of a municipality to submit to the voters of said municipality
in a general or special election a proposition amending or supplementing the
proposition previously submitted, approved and implemented pursuant to the
aforementioned law changing the amount or rate of the annual levy; and
WHEREAS, in light of the above-referenced
anticipated increase in property values, the Township wishes to decrease the
above-referenced annual open space tax levy from $0.03 per
(Continued)
$100.00 of assessed value of real property located in the
Township to $0.02 per $100.00 of assessed value of real property located in the
Township; and
WHEREAS, the Township Committee wishes to
submit to the voters of the Township at the general election on November 7,
2006, the referendum question set forth herein below decreasing the annual open
space levy to keep stable the revenue raised for the Municipal Open Space,
Recreation, and Farmland and Historic Preservation Trust Fund;
NOW, THEREFORE, BE IT RESOLVED by the
Township Committee of the
1. Pursuant to N.J.S.A. 40:12-15.7 (P.L. 1997, c.
24), the Township Committee of the Township
of Cranbury, Middlesex County, New Jersey, wishes to place and hereby requests
that the following referendum question be placed on the general election ballot
for consideration by the Township’s voters in the general election to be held
on November 7, 2006:
Shall Cranbury Township decrease its
annual levy imposed to raise revenue for the Municipal Open Space, Recreation,
and Farmland and Historic Preservation Trust Fund from the rate of $0.03 per
$100.00 of assessed value of real property located in the Township to the rate
of $0.02 per $100.00 of assessed value of real property located in the Township
and appropriate that revenue in order to permit the Township to: acquire,
develop, and maintain lands for recreation and conservation purposes; acquire
farmland for farmland preservation purposes; preserve and acquire historic
properties, structures, facilities, sites, areas or objects for historic
preservation purposes; and pay debt service on indebtedness issued or incurred
by the Township for any of the above-named purposes?
2. The Township Clerk is hereby authorized and
directed to furnish a certified true copy of this resolution to the Middlesex
County Clerk’s Office and the Superintendent of Elections by the applicable
deadline so that the above-referenced referendum question may be placed on the
general election ballot for November 7, 2006.
CERTIFICATION
I, Kathleen R. Cunningham, Clerk of the
_________________________
Kathleen R. Cunningham, Clerk
Work Session (Continued)
b. Outdoor Dining Ordinance Discussion
(Richard Preiss)
The Township Committee and Mr. Preiss, Township Planner, discussed
the proposed Outdoor Dining Ordinance.
Mr. Preiss reported he had made some changes to the draft of the outdoor
dining permit ordinance and elaborated on the changes. Mr. Preiss stated the Ordinance had been streamlined
with recommendations from Trishka Waterbury, Township Attorney and Joe
Stonaker, Planning Board Attorney. Mr.
Preiss indicated the process for licensing had been streamlined as well, with the
licensing applications being processed by the Clerk’s office with a yearly
renewal. Mr. Preiss stated the license Ordinance would dovetail with the Land
Use Ordinance and both would need to be
Work Session (Continued)
b. Outdoor Dining Ordinance Discussion
(Richard Preiss) (cont’d)
introduced and adopted at the same time. Mr. Preiss recommended having standard hours
of operation from 7:30 a.m. until 9:30 a.m. so that residents living adjacent
to the establishments were not too inconvenienced. Mr. Preiss also stated there would be a
provision in the Ordinance to give the Police Chief the right to suspend a
license as well as the Zoning Officer.
The Clerk would have the authority to not renew a license if a
particular restaurant were in violation of the Ordinance. Also, Mr. Preiss indicated he had added a
process of appeal should an establishment be denied a renewal or revocation of its
license. The Township Committee would
hear the appeal. Mr. Preiss added, a
number of residents had sent e-mails to the Clerk and she had forwarded them to
him and Ms. Waterbury, Township Attorney.
Mr. Preiss reported he had reviewed their remarks and took them into
consideration when he drafted the Ordinance.
Ms. Stave asked that the Township require restaurants to post its approved
site plan. Mr. Preiss stated he believed
the licensing requirement, as well as the site plan approval was a good tool to
help control the outdoor dining. Mr.
Preiss indicated all licensing permits would be issued by the Clerk’s
Office. Mr. Preiss stated under the
proposed Ordinance, the operating hours for the outdoor dining would be from
7:30 a.m. until 9:30 p.m. Mr. Preiss stated those restaurants who already had
site plan approval would be grandfathered in and those who do not have site
plan approval would need to go before the Planning Board to get such approval. He also stated if a restaurant were allowed
to have door dining until 10:00 p.m. they would be allowed to continue. Ms. Stave asked if porch roofs should be
added to the language and also requested that freestanding menu boards be
prohibited. The Township Committee
discussed the renewal process and having a one-year renewal as well as the
process for the Clerk’s Office to issue the licenses. Mr. Wittman raised his concern with making it
more onerous to do business in town. Ms.
Joanne Palma, owner of The Cranbury Pizza spoke, stating if anyone came to her
as an owner, with a problem, she would take care of the problem herself and did
not need a Board or whomever to deal with the problem. Ms. Palma also stated she had never had a
problem or complaints, etc. Ms. Palma
asked where the lines were drawn as to how many tables are allowed at various
restaurants. Mr. Preiss responded a lot
of the number of tables allowed by the Planning Board site plan approval had
been based on the available space in front of the restaurant. Ms. Stave asked
if an establishment adjacent to a restaurant could lease out their space to the
restaurant to be used for outdoor dining.
Mr. Preiss indicated they could, however, they also would need to get
site plan approval. Mr. Frank Marlowe,
Work Session (Continued)
b. Outdoor Dining Ordinance Discussion
(Richard Preiss) (cont’d)
would have to be referred to the Township’s Planning Board
before the Second Reading date, preferably to be heard at the Planning Board’s
August 3rd meeting.
b. Discussion on
Mr. Stout stated the Borough of
Hillsboro, New Jersey, presently has in place an Ordinance which adjusts its F.A.R.
requirements. Mr. Stout asked Mr.
Dietrich Wahlers,
Public Comment (For those items not on the Agenda)
The Mayor opened the meeting to public questions and comments
on those items not on the agenda. Mr.
Dietrich Wahlers, Hagerty Lane, indicated the Environmental Commission had been
discussing the issue in the context of a stream corridor ordinance and focused
on the commercial portion of the land as opposed to the residential portion.
Mr. Wittman reported the Recreation subcommittee had met earlier in the evening
in reference to the changes for the Master Plan. Mr. Wittman stated the next meeting would be
held on Monday, July 17, 2006 and asked that if the School Cafeteria would be
available, the meeting should be held there. The Clerk indicated she would
check if the cafeteria was available and check with the Planning Board
Secretary in the morning. There being no
further comments, the Mayor closed the public part of the meeting.
Mayor’s
Notes
Mayor
Panconi reported when he had reported earlier on the meeting with the Fire
Company, he had neglected to mention during the Joint meeting of the Township
Committee and Planning Board last week, a question had come up with reference
to the required radius a fire truck would need for the cul-de-sac at the future
site for the affordable housing (K-Hov site)--the radius required was 40
feet.
Mayor Panconi reported he had an
unsigned letter from a resident concerning lack of maintenance with Eagle Scout
projects. Mr. Wittman indicated a number
of projects had been vandalized and the Scouts were in the process of
re-visiting how the projects are done.
On motion
by Ms. Stave, seconded by Mr. Wittman and unanimously carried, the meeting
adjourned at 9:05 p.m.
_________________________
Kathleen R.
Cunningham, Clerk