MINUTES OF THE HARDYSTON TOWNSHIP PLANNING BOARD MEETING HELD OCTOBER 26, 2000

STATEMENT OF COMPLIANCE: Pursuant to the Open Public Meetings Act, Chapter 231, P.L. 1975 adequate notice as defined in Section 3D of Chapter 231 P.L. 1975 has been made to the New Jersey Herald and is also posted on the bulletin board at the Hardyston Township Municipal Building.

ROLL CALL:

Ken Worflar - Present
Leslie Hamilton - Present
Maribeth Boffa - Present
Randy Roof - Excused
William Castiglione - Excused
Thomas Zygmunt - Excused
Robert Neubig - Present
John Eskilson - Excused
Greg Eisenecker - Present
Ed Frisbie - Present
Ed Zinck - Excused

MINUTES:

A motion was made by Ms. Hamilton and seconded by Mrs. Boffa to approve the minutes of the September 21, 2000 meeting. All were in favor. Motion was carried. A motion was made to approve the minutes of the September 28, 2000 meeting. All were in favor. Motion was carried.

APPLICATIONS:

AT&T Wireless PCS, LLC - Block 36, Lot 11.01 - PB-9-00-3: Mr. Neubig stepped down from this application due to a conflict of interest as an adjacent property owner. Richard Brigliodoro, Esq., represented the Board in this matter. Leslie Hamilton presided as Chairwoman pro tem. Robert Garofalo, Esq., was present to represent the applicant. Mr. Paul Sterbenz and Mr. Anoke were sworn in. Mr. Anoke gave his qualification as a radio frequency engineer. He gave testimony relative to the coverage area they are seeking to cover with their service. A map showing the proposed coverage areas was marked A-1.

He advised that they are looking to specifically provide coverage along Route 23. He gave further testimony relative to where on the tower their antennas will be located. He advised that their equipment cabinet will be remotely monitored by ATT 24 hours a day 7 days a week and an actual representative will visit the site once a month. It was further stated that the frequency would not interfere with radio, TV, police and emergency transmissions.

Mr. Guerin asked how high the equipment cabinets will be above ground level. Mr. Anoke stated that they will be six feet high. Mr. Anoke further stated that the transmission of waves will be below what is allowed by the FCC.

Mr. Garofalo called the next witness, Mr. Sterbenz, their engineer. Mr. Sterbenz gave his qualifications as a civil engineer. He gave testimony relative to the site plan submitted with the application. He testified that they will be locating their antennas at the 112 feet level, which is lower than the other antennas that are currently located on the existing tower. He gave further information relative to the equipment that will be housed in the cabinet.

The applicant reviewed Mr. Guerin's October 20, 2000 report and advised that they will comply with item 1. It was confirmed that number 2 was a comment. The applicant's engineer gave information relative to the height of the equipment and accessories. He advised that the only item that would be above the fence would be the conduit that connects the equipment in the building to the tower, which would be 9 feet.

Mr. Garofalo advised that his witnesses are not qualified to answer number four, but would be willing to make it a condition of the approval that they provide that information to the satisfaction of the engineer and construction official.

There were no further questions from the Board or professionals. The hearing was opened to the public. Irene Little came forward and asked how many more antennas could be put on the antenna. Mr. Garofalo advised that they do not anticipate putting additional antennas on the tower in the future. She asked if there is any coverage currently in the area.

Mr. Neubig asked for confirmation as to how many antennas would be installed under this approval. Mr. Garofalo confirmed that it was for 12. Mr. Neubig asked how many more companies could co-locate on this tower. Mr. Garofalo advised that it is his understanding that no other carriers would be able to use the tower.

A motion was made by Mr. Eisenecker and seconded by Mrs. Boffa to approve the application. Roll Call: Worflar, no; Hamilton, yes; Boffa, no; Eisenecker, yes; Frisbie, yes.

Mr. Neubig returned to the Board and presided over the rest of the meeting.

Crystal Springs Builders, LLC - Block 16, Lot 1.03 - PB-10-00-1: The applicant was represented by Joel Murphy, Esq., and Joseph Barbieri, P.E., was sworn in. Mr. Barbieri gave testimony relative to the submitted map, which was for construction and final approval of a pod of development to be developed under the Crystal Springs I Master Plan approval. This application is for 38 lots, which will be developed with 38 homes. 37 of the homes will be configured as zero lot line housing. There is one unit that will not be located on the lot line. Mr. Guerin noted that while the ordinance does not require that the home is located on the lot line, the intent is that they are on lot lines. Mr. Barbieri advised that he wanted to move the house over to further protect it from the driving range. It was noted that the driving range would be moved once the new one is constructed and that will not be an issue. Therefore, the applicant will relocate the house to be constructed on the lot line.

Mr. Barbieri advised that they will comply with Mr. Guerin's comments, 1, 2, 3, 4, 5, 6, 7, 8, 9, 10. It was noted that on their next set of maps, they will show the connection of the residential connection to the access road that will be connected to the 94 connecting road.

Mr. Barbieri then reviewed Mr. Guerin's report dated October 19, 2000 relative to the final subdivision plat. Mr. Barbieri noted that the comments reflect drafting areas on the map, however, he went through each item to clarify to the Board that they understand that they will comply with each of the items. He advised that they will comply with all items on the report.

Mr. Guerin noted that the performance bond estimate is based on the fact that there is nothing installed currently,. It is likely that when they actually are ready to get their maps signed, the improvements will be in and the bond estimate will be revised at that time. The Board agreed.

There was no public comment or questions from the public.

A motion was made by Ms. Hamilton and seconded by Mrs. Boffa to grant construction and final subdivision approval upon the application. Roll Call: Hamilton, yes; Boffa, yes; Neubig, yes; Eisenecker, yes; Frisbie, yes. The applicant advised that they wished to waive the reading of the resolution and proceed at their own risk.

Mr. Worflar returned to the Board.

DISCUSSION:

Hardyston Township Elementary School Board: Mr. Vogel gave a brief overview to the Board as to their role in the discussion of this project under the Municipal Land Use Law. Dan Duncan, the architect for the school Board came forward to make an informal presentation of their conceptual proposal for the middle school to be located on Wheatsworth Road.

He advised that the municipal park facilities are currently under construction. He further noted that the entire lot is owned by the school board and it is proposed that the new middle school will be able to use the facilities rather than developing additional fields, etc. He gave further information relative to the topography of the site.

He gave information relative to the floor plan and proposed facilities.

He advised that they are doing an engineering assessment with respect to engineering issues for the Board of Education that will be completed within the next two weeks. He gave information relative to some issues regarding septic, well, drainage, etc. It was confirmed that they will be expediting applications for permits for the septic system and are recommending that a traffic study be done as well.

The Planning Board's concerns included, that the traffic study reflect concerns relative to the site distance and constraints created by the bend in the road, that no right hand turn should be allowed out of the parking lot, similar to Ballyowen. The Board also expressed their concern that septic permit applications should be made as soon as possible in light of the pending changes to wastewater management rules to maximize ability to construct a system on the site. It was also noted that in view of the need to minimize impervious coverage, the parking lot which the Township is installing for the fields will not be paved. Under the school's proposal, they are planning to use the parking area for overflow parking for school events. While the recreational fields will not be used in the winter, the school will have events in the winter and plowing may be difficult in view of the fact that it will not be paved.

The Board thanked the School Board for their presentation and it was mutually agreed that the Board of Education would come back to the Planning Board once they have more engineering detail so that the two Boards can work together relative to site planning issues.

The discussion was opened to the public.

Mr. Thomas Zygmunt arrived at 8:50 p.m.

Robert Jackel who is the project manager overseeing the Wallkill Valley Regional School expansion was present to give the Board an overview of the proposed expansion of the regional high achool. They are proposing an approximately 13,000 square feet addition to the current facility. He advised that they have adequate sewer allocation to accommodate the project and their well system will also be able to accommodate the proposed addition.

Mr. Zygmunt asked questions relative to the overall layout of the project. He advised that the drawing depicts ball fields and parking areas that do not exist. Mr. Jackal agreed that that was mistakenly put on the map as existing, but they are not in existence as shown.

He advised that they are proposing that the addition will be one-story, but they are designing it so that it is prepared for a second story in the future. It will include 7 class rooms, 2 labs and large group instruction room.

It was suggested that their would be adequate access to the new addition for fire equipment. Mr. Zygmunt asked if there will be a public hearing. The Board was advised that it will be November 8, 2000. Mrs. Talley commented that the zone does permit the use in the zone.

The Board took a brief recess. The Board returned from their recess.

Walden Village Upper Section Extension Request: The Board reviewed a letter from Barry Mandelbaum, Esq., wherein the applicant has requested that his preliminary subdivision and site plan approval be granted a 2 year extension. If granted the approval would be vested until December 31, 2002. The applicant has further voluntarily agreed that he accepts the full terms of Ordinance No. 2000-13 relative to "Zoning to set forth regulations regarding low and moderate income housing units and establish developers fees" and agrees that the Ordinance be applicable to this development known as Walden Village, Upper Section. Hefurther agrees via his letter and testimony given a this hearing by his attorney, that the Developer's Agreement that had been prepared for this development may beamended to incorporate the development fees established in the aforesaid Ordinance. The discussion was opened to the public. There was no public participation.

A motion was made by Mr. Worflar and seconded by Mrs. Boffa to grant the 2 year extension as requested, with the condition that the applicant now comply with the provisions of Ordinance No. 2000-13 relative to developers fees and low to moderate income housing. Roll Call: Worflar, yes; Hamilton, yes; Neubig, yes; Zygmunt, yes; Boffa, yes; Eskilson, yes; Eisenecker, yes; Frisbie, yes. Motion was carried.

The Board reviewed a resolution received from Franklin Borough's Planning Board relative to their opposition to the adoption of the proposed Watershed Management rule changes. A motion was made by Mr. Neubig and seconded by Mrs. Boffa to pass an identical resolution to the Franklin resolution in opposition to the proposed rules. All were in favor. Motion was carried.

The Board reviewed the proposed changes to the Hardyston Township Ordinance regarding cellular towers. It was noted that the ordinance had been passed at first reading and was scheduled to be adopted at second reading in November. A motion was made by Mr. Neubig and seconded by Mrs. Boffa to direct the secretary to advise the Council, that the ordinance is satisfactory and that the Board has no recommendations with respect to same. All were in favor. Motion was carried.

The Board discussed their budget for 2001. It was noted that a master plan re-examination would be recommended in the 2001 year. Therefore, considering various factors, the secretary was directed to advise the Manager that the Board formally requests that $25,000 be appropriated within the 2001 for the Planning Board. Said funds would be used regular operating expenses, as well as anticipated additional costs to be incurred relative to the Master Plan Re-Examination.

BILLS:

A motion was made by Mrs. Boffa and seconded by Mr. Eisenecker to pay the bills. All were in favor. Motion was carried.

PUBLIC PARTICIPATION:

The meeting was opened to the public. There was no public participation. The meeting was closed to the public.

ADJOURNMENT:

Having no further business, a motion was made to adjourn the meeting by Mrs. Boffa and seconded by Mr. Neubig. All were in favor. Motion was carried. Meeting was adjourned.

Minutes prepared by:

Marianne Smith