Good. Okay. Anyway, good evening everyone. This is the planning board of township of Franklin May the 19th. Please drive through the flag salute. I allegiance to the flag of the United States of America and to the republic for which it stands. One nation under
God, indivisible, with liberty and justice for all. Okay, Chris, you for roll call, please. >> Here, >> here. >> Mr. >> Here, >> Mr. >> Here, >> Mr. Kelly >> here,
>> Mr. M >> here, >> Mr. Mr. >> here, >> chairman >> here, and Mr. And Chris, would you go back to um the the open public meeting statement,
please? >> Notice of this meeting as required by the open meetings act of this meeting. >> Thank you. Next, I'd like to uh swear in the uh uh conflict plan planner this evening. Uh
the original or the engineers conflicted on this application. Would you swear them in please? I state >> I for stopping >> do solemnly swear >> do solemnly swear >> that I will faithfully >> that I will faithfully >> and partially and justly
>> impartially and justly >> perform all the duties as a member of township planning board >> perform all the duties as a member of the township of Franklin planning board >> to the best of my ability >> to the best of my ability >> I do solemnly swear >> I do solemnly swear >> that I will support the constitution >> that I will support the constitution of
the United States >> of the United States >> and the Constitution of the State of New Jersey >> and the Constitution of the State of New Jersey. >> I bear true. >> That I will bear true faith >> and allegiance >> and allegiance >> to the same >> to the same >> to the government established in the United States
>> the government established in the United States >> and in this state authority >> under the authority. So help me. >> Thank you. >> For the record, I'm not a member of the planning board but the conflict planner. >> Planner. Yep.
>> Not not voting tonight. They must want >> I think we have enough. I think I think we got enough now. Now we'll go to the other conflict. The um on application PB26-01 uh I feel that to be on the safe side, I
want to conflict myself as well. The uh applicant's attorney is the same attorney I've used on uh a uh project or a personal matters. And being we have enough board members at this time, I will uh uh conflict myself and not
participate in this application. Uh because the room's full of people, I really don't feel like getting down. I'm going to sit right here comfortable uh and let Ralph take over from this point. >> All right. First application tonight, PV2601
Stinger. >> Brian Hopton Hopia on behalf of the applicant RMS Air LLC. Uh this is my client Richard Singer on the road. >> Yes.
Richard, stay here. All right. Uh in to first address uh matters of completeness uh for the pending uh letter uh they did recommend uh to be considered play this time. There are four items that were uh outstanding. Uh item two being all
existing structures with repairs parcel be said parcel. Uh all everything that's on the parcel is provided. Anything outside is not and we do ask for a waiver on that. uh meets and bound description subdivision has not been provided. Uh
thought was if it wasn't that would be being provided prior was provided a few days after. >> Got it. Thank you. Just want to make sure we do have to meet some balance on >> uh item 16 soil types are not shown plans. We do ask for a waiver for that. And item 17, no information on existing
proposed water sanitary facilities show plans uh for the consuming group sanction of proposed lot which is true. We'd ask for a waiver on that. There's no uh structures to be built as part of this plan.
We have no objections or waiverss minor subdivision minor subdivision drawing is a line. We don't need we don't need to be able to be able to make a decision on Brian. That's it.
>> Oh, I sorry. I uh so I I do submit that this complete. >> Okay. >> Chris, for our engineering report. >> Sure. Well, at least we have no objection to arranging those
recommended applications. >> I mean, historically, as part of our board, we didn't vote on >> as long as the chair was okay with it. >> Right. Good night. Okay. Um, all right. So, again, this is a relatively uh
straightforward uh minor subdivision. It's a currently 3.22 acre lot that is located at 612 Grand Avenue here in Franklin County. Um, we're proposing it to be subdivided basically split in half into 1.61 acre lots. Um the only
variances that we believe we need at this time is the minimum front yard um setback variance for the already existing structure on what is the proposed lot 25.01 and then there's variances for the uh agricultural
buffer. Technically it would be on both lots though there's nothing proposed at this time to be built in the second lot. So I don't know what that is technically now on the proposed lot one which again has the home there are some chicken coops and it's also technically on proposed lot too but we'll get to that
in a second. There is um I will say that uh I believe you listed 91 ft um is it 91 or is it 51 uh 51? Uh just to be clear uh the uh the report
of the engineer was uh 91 ft. I believe that should be 51 ft of bearings requested. Uh that that specific chicken coupe is proposed to stay but we would seek that bearings on that. There are other chicken coops on the property which we um are as part of this
application uh asserting that we would remove those. So there basically would be no structure whatsoever left on the proposed 25.02. too. Um, and anything that would be within the lot right on lot line any of those chicken coops
would be removed. >> Okay. Uh, so we don't believe there should be any side effects that side. >> Hey Ryan, can I stop you? >> Yeah. >> You said you're keeping one chicken coop. >> Yes. Sorry.
>> Where is that? Cuz I can't find it on the plane. >> Oh, I see it now. It's >> It's No, I didn't see it the first time either. Yeah, it's right there. >> All right. So, it's on on 0.01. >> Yeah, it's on 01. >> Okay. Thank you. >> About 128.
>> All right. And so, Mr. Clair, can you uh explain to me uh when did you purchase this property? >> I'll say about 6 months ago. 6 months ago. Um and are you living in the property? >> No. >> Okay. It is currently getting rehab. >> Currently being rehabed. And your is
your plan to uh rehab it and rent it or rehab it and sell it? Will it be rehab and sell it? Okay. And your intention is then to uh also sell the second lot. >> Correct. Okay. And are you intending to be part of the construction of the second lot given? No. Okay. And you
understand that we are not asking for any kind of uh variances or construction requests or anything at this time. Correct. We're assuming that's not correct. And are you proposing any kind of extra any additional building you will be doing on lot 25
that would just you're just rehabing the inside correct and you understand that um per the engineers uh drawings that all the markings where it says chicken coops were removed they would all be removed at that time correct and are you
planning to to uh take down any trees on lot the new block at all at this time not this any additional construction, any work to be done would have to be pursued to any code of the township. And if they needed any wavers, they have whether it was you
or some person, right? Sure. >> Okay. Thanks for um on is that on 25.0 02. Yes. Okay. So, on the new proposed line, you would have to
remove a couple of trees, keep those back. >> Yes. So, the chicken coop all the way in the back is or does have trees that prevent them from digging to it. So, I would be taking down a couple to be able to mod back. Are those tools used in any way?
>> Um, I would say the front one is definitely sable and it's dry. The back one is dry, but you know, obviously it should be removed from the top, but I will remove the chicken coop lengths that are included into the second.
And um this general area where this uh lot is located is other residential homes. Is that correct? Yes, we're in the residential agricultural district. Uh and most lots are about this one and a half.
Uh and again you're not constructing no more sounds, no you know trucks coming in or uh and you really just shouldn't impact any of the uh the properties
the rear would that have any impact on anything? No, absolutely not. I still believe there going to be a good amount of pre-buffer between that property and be a middle plan. Um, and
you believe that, you know, being able to have another life, another another home that we can provide housing in our community, bring more members uh into our community. Uh, and have you ever Have you done like
that before? Yes. that and uh have you ever struggled from the beginning or the ground up and that's why you don't feel like you person not at this uh is there uh you have you don't have
nothing else in Have you noticed really anything back there other than uh is there anything about what you want to do just to provide another lot for you know family
home I believe that the smaller house you know I'm rehabing to provide that for a family but also provide another lot to be able to live out the current house and is subject
to new and uh and you're not proposing responsibility too again any other personal we need to get proper
either. >> I have a question in reference. You talked about septic which leads it into the word well. Uh in your new lot proposed 002 in the northwest corner the surveyors indicated a well location. To the best of your knowledge is that a
well that supplies water to the house that's existing on 0.01 01 northwest corner of the new 02. >> That's right. >> So on the new lot, >> there was a well feeding the existing house and that was probably
in the range of 200 ft away which falls in the new lot location and I've already had a new well drilled. >> Okay. >> The existing property feeding the existing. >> So this well is no longer going to supply water to 0.01. >> Correct.
>> Thank you. Will it supply to O2 >> and when it was ever built? That would I think be correct. >> And where is the septic 101 going >> on the existing lot? Yes. >> Uh directly behind the house right here. >> Yes. Directly the house.
>> Is it close to the existing septic field? I mean is it close by or far away? I mean >> from the existing house >> from No, from the existing field. >> The same field. >> Yeah. Yeah, it's all all new septic. All new septic right where the old tank >> all new septic tank. But how about the
field? Which field? >> Um I believe it was a test pool >> and it's in that area. >> So now you're getting the >> all brand new upgraded. >> Correct. >> Okay. >> And you're going to get all the proper
>> Absolutely. proper approvals needed for that. So just as a follow up on the on the well uh typically you know when when the replacement well goes in the existing well is required to be abandoned uh properly by a driller. Was that done or
that was not done? >> That was not done. I was told by uh the driller that with proper documentation you're able to reuse the drill. So or well so I didn't do anything with it and he didn't do anything with it yet. I was just told it
was like a transfer of something. I I can't recall exactly what it was. >> You might have to watch yourself. >> Okay. >> Because with with putting a a new home with a 20-year-old well, you might not be able to like it's a tricky situation because you it might not no longer be
considered a new home because you got uh >> I would have to check uh with documentation with council on when that girl actually was. That's the county well they >> it's the county health department
>> state but you when you when you're selling a new home you have to you typically one of the one of the draws of a new home is that somebody gets a warranty and everything else >> but you nobody wants to buy a new home and have a a well that might be ready to
go in a couple years. So you I if there's like an older part of that property then so I mean it might be just easier just to do a whole new well >> than to have it a well that might be 15 or 20 years old. Now, if you were if
there was an existing home on there, I would say reuse it, you know, but with with it being a with wanting a new home on there, I would much rather and I think the health department would and I think anybody any
builder built building a new home would have to watch themselves because if they use that well, then it's no longer think could be classified as a new home. >> Okay. I I don't know this is from my head and anyone else here would uh when
he would get the CO for 251 current would they require proof that that well as he mentioned was kind of closed? >> Well, I I I don't know to like Rich's point that it's necessarily required that it be abandoned. However, when your
driller got the permit for the new well, they would have had to address that in some way. If if you you know, if that was uh you know, stating that the well was going to be reused for future use or something, uh you know, I'm not 100% sure. That'd be a driller question. But
um but if you have all the proper permitting for the existing well, I'm assuming they uh I don't know I don't want to put Chris on the spot. His firm is actually the one that handles this stuff for the county, but I know it's not him that does it. So, >> well, you do do the wells, too. Just
just so you know. Yeah. So, but again, that's why I didn't want to ask Chris that question. So, um so yeah, in any event, you know, as long as it's properly documented already for the new one. >> Yeah. >> And has it been uh
currently? >> Okay. So um we would certainly be amenable to providing any kind of documentation from that satisfactory. >> I don't think it it necessarily affects us. We're just >> doesn't contact your well driller.
>> That's all you have to do. >> Thank you. >> We like making mountains out of here. So >> do you have any more solicitor? That's Is there a motion to go in the open public portion? >> So move uh make a motion to go in the public. >> Is there a second? >> Second.
We are an open public portion if anyone would like to come up. >> Please state your name and your address. Okay. >> Uh from the microphone. >> My name is Preston Helen. I did a skip right down proposal.
My wife and I and my family, we've lived up to 25 years. Sorry. Good evening everybody. I'm so nervous. And I've never openly or publicly objected to anything anyone has done up and down the street or fill the driveways
uh stones driveways yards whatever. Uh my yard where we live is the low point um from Delta Drive, Captain Cats to East 8th Avenue. So we are the storm
water runoff um for the neighborhood. So the reason I am objecting to his subdivision because it will be a house down there. It will everything that he does will affect the groundwater runoff.
He's only one property over from us that and by no means do I want to affect anybody's livelihood or affect their money. However, the water runoff will I in the worst of times in the worst of storms, we've had I would guess a
million gallons of water in our back road and it has taken 6 to 7 to 8 months. Um, lately we've been in a drought. It's pretty dry and uh but it's coming. We've watched 25 years of storms
running up and down the street and run through the yards and run to our backyard. turtles, um, ducks, geese, everything. We have everything. So, um, yeah, I I have to
we have to go back to >> your name again, ma'am. >> Sheila. So we are at the loan like you said Sheila's housing and he's hired and then we have the next
property they built their property about 10 years ago and we had them synthesis. So he's hired they're hired. So everything is down this way. So whatever he does here is going to eventually end up in our backyard when we have bad
storms, a lot of snow, any kind of runoff on it just comes pouring right across the neighborhood down into our yard. And um we try to put the phone down there where it just doesn't work. So we literally had um couldn't a stand
out there and it's been like 5 6 ft of water at some point and like so where it's at now but it's coming every 5 years it's going to cycles through and and he's not proposing a house now but if you're subdividing eventually there's
going to be a house and whatever they do change that elevation order. >> I'm going to thank you for your comments. I'm sure our engineer is going to have a a comment on the water runoff because there are new laws in place that
prohibit what you say may happen where each lot has to maintain its own water of runoff. >> Yeah. So if and when whether it's him or a new owner a year from now 5 years from now wants to build a house on the property, they have to take building
approach to the town. Part of that is submitting of a grading plan uh to show how we're going to grade the property in order to accommodate the welling part of the grading plan that gets reviewed by the town engineer. They show they're not doing a to increase the water runoff based on whatever the current conditions
are. So whatever is currently running off this property, they would not be allowed to increase that in any way which the engineer might require to put in the dry well or some other storm water management measures will make money off >> technically because it's vacant land.
The water that's currently running from west to east onto your land is allowable, but once they build a home, they can't let any water leave the property in the eastward direction towards you. >> Meaning, >> well, wait, wait, whoa, whoa, wait a
minute. That's that's not accurate. >> Beyond the existing >> beyond the existing. >> And how is that? >> So, they would use the same driveway. >> It'll probably be a new driveway. >> So, the new driveway design. So any any water from that
property has slowed down that new driveway and the township engineer when we remove the grading plan can require them to put in some water management vendors such as a drywall underground basin to hold the water rest off the driveway and also remove the house. So, I'm not here to say that can be fixed,
but there are laws in place that get checked by the construction officials and the township of engineer, but if a construction department comes in, they're supposed to be reviewing to make sure that they're not doing any increase or gases. And if if any applicant wanted to seek a waiver from that, they'd have to come
back here as well. So you would have an opportunity. >> Okay. And and I'm just going to say we've been down to the announcement about this before when Boba was here and we got down. We literally brought in a
film of where between the water running down Grand Avenue and the neighbors where it was just pouring into our yard and they do nothing. So I don't have the the warm fuzzy that everything you guys are telling me is really going to
happen. But I think what Ralph was saying is that because there's no new structure being proposed on that property, I don't want to say there's nothing that can be done, but the runoff, it's unpleasant, but it's allowable once
a property is prop or once a home or any structure proposed on that. >> There's bumper behind the property bumper behind our property. There's bumper behind this property. the whole bunker back there.
>> Well, and you're just taking the can down the road and maybe don't follow him. They call the next person that buys it and we're going to know all of this before they get into it. Right. >> But the can stops at that point, >> right? All those will get >> the can can keep getting kicked until
something's proposed that the can has to stop being kicked. >> Did it have a water survey on the laid out? >> I cannot answer that question. I'm just saying that >> obviously there's no there's no building
>> but but part of being subdivided is that your your purpose your purpose is to sell it so someone else can build it up another >> so when this water runs down the road. Does it ever cross Grand Avenue and lay
this property? >> Excuse me. >> Crosses property. >> It does cross. So we have a public works director and sometimes in our town they have built swailes and cy turns to manage road uh water on roads. Grant
avenue is a township road. It's not a county road and it would be under the jurisdiction of the Department of Public Works for overall safety because that water in the wintertime freezes and causes accidents. I'm sure >> we've been there 25 years. >> So, you may want to speak with the mayor
or somebody on township committee to talk to the department of public works unless you've done it in the past. Bobrera is zoning. This is not a zoning issue. This is a safety issue. >> We know that. It's just a bit of advice because I have
seen our township build swailes in rural areas to manage water flow and it's not the homeowner's expense or the neighboring homeowner's expense. It's the township's expense to maintain their public safety on their road.
>> Okay. Again, is it free on the road? You know, I don't have to drive down the road, but I do have to worry about my backyard. >> Of course you do. road bike. I don't want to argue Kelsey drive or I don't like that. Um so us being here would be
like um not approved but it'll be objection noted. So if there is indeed water uh issues down the road noted here today. Yeah, sure. >> Because obviously we can't afford legal
resolution everybody saying. >> Okay. property and they and they are going to know about this >> actually I understand that but how is it documented that if we're all gone that
they're going to the law is that they're not allowed to do anything to increase the runoff get on the property whatever let's say I bought the property a few years from now I I don't So myself in court,
I would have to go to the town and apply the building permits and find plans signed by an engineer saying this is how grading the property. This is where the building foundation footprint is going to be. This is where the roof drains are going to go. This is where the driveway is going to go and show the grading. Exactly. Like on this plan there are
little lines clearly shown that the grain range the east two doors down >> everything the natural condition of this land is everything close >> and by law they they're not required to
ameliate that the existing condition there's a certain amount of cubic feet of water will be increase they have to store that amount of water for a certain amount of time before Again, they have to get permit to do that. But the engineer
>> this Bryson has been planner and conflict engineer review. So right now what this board is deciding is only whether or not they're allowed to split the land that would be removal.
So the formulations for an acre and half what would the average are to actually build a house the town would be reviewing that to ensure that how much they calculate at that time that
much on the property but >> that would be the appeared to object. >> Preston, your objection has been duly noted. There will be a resolution. The language that was used this evening will be in it. We are not here to discuss
future development. We are only here to discuss separating this property into two. We're not here to discuss building, but your comments are duly noted. And if you have nothing further to say, I I I thank you for your time. >> Reiterate, they're not allowed to make it worse.
>> Yeah. Chris, how how long has that law been in place? >> I think it's about three years now. >> Say three years. And how old is the building that's on the 251? >> See, unfortunately, these laws are all new. So, you know, if that law had been in place when that when this building,
the existing house was there, then they would have had to do something with the water coming off there currently. So, unfortunately for you, you know that everything predates these walls. >> Yeah, I understand. Well, we're sorry in Orfield George. Anybody?
>> Thank you. >> Thank you. >> Any more open public portion comments? >> Comments. >> Seeing none, is there a motion to close open public portion? >> I make a motion we close. >> Second. >> All in favor?
>> Okay. Uh >> Ralph, I don't know. conflict. >> I do not. This is a very similar application subdivision required for the birth setback on the existing home. That's a pre-existing
non-compet subdivision and the variance that's required for the actual office of the res properties to the uh south. This is a cube farm. So by coat it's a yard instead of a 100
on the 251 there is the chicken 51 and 1/2 ft away. The other lot there's about 100 125 ft of tree line anyway just they're not technically showing the easement through those areas with the u variances required there. I don't know if you uh would consider placing an
actual easement on the property and say there's no further disturbance is allowed. customer meeting the actual requirements. It's not difficult, but the the existing chicken is going to stay on 251 is about halfway. >> Yep. >> So, yeah, I think that again the code
anyway. So, it's not really adding anything. It's not >> plus I think it would be helpful, you know, guaranteed more that can't be built on that street. Right.
You have no left item. And on the lot where you have the 512 objection, >> don't answer that. >> You're incorrect in the interpretation of the law because that chicken coupe is an egg building.
>> Oh yeah, you're right. >> Yeah. So basically uh the chicken coupe is an agricultural structure. Uh thus it doesn't require you're allowed to put agricultural ag.
So as long as you your structure you call it agricultural you can put any structure in that unit >> if it's farm related it can be in the buffer zone of mayor children about 30 years ago tell kids they're going to have a chicken in their car all in agricultural vehicle
>> duly noted I'm just I'm making mental notes here >> you're done your report Chris >> yes that's all One variance is for an existing condition. The other is on new questions we have before pretty clear. Otherwise, the minimum lot
area in this district is an acre and a half. Both properties will be over an acre and a half and there's uh aside from the existing mention of the new houses, there's more than enough space to build a house here that will be performing. Uh and of course any we just discussed any plans for a home would go to the general engineer as well as
construction department verify that we all others. >> Thank you. >> So just for clarity that what we're talking about is a 50 foot cuz that's going to severely impact your building footprint >> on the new lot of again you have to come
get a variance. 50 ft only gets us to here. If you look where this building is already >> there's over 200 ft for a house >> with 75 ft front setback 100t rear set back that's 175 and you're 280 so that's
>> I think 50 cmple room to place a dwelling >> there's 110 ft of buildable space in addition to the whatever that's 250 >> so you got 210 by 110 >> plenty of room for a So we're at 50, right?
>> 50 >> 50. >> So wait, we're waving 100 down to 50. >> Well, so I think we'd still be required or like if if they wanted to build, you still have to get buffer, but we're agreeing to on
>> on the 50 >> on the 50. That's at the bud. The requirement is a 100 foot buffer to the rear yard and easement of 100 ft. If you want to allow any reduction in that, that's at your request that are they want.
>> Well, if they're happy with a 50ft easement, I think the board should be happy with a 50ft easement. Since there's behind this there's nothing but woods >> currently. I I have no objections to rather disub.
>> I think they're ridiculous, but >> I think they're unconstitutional in my opinion, but >> All right. Any members any uh other comments from our members? Seeing none, is there a motion on this application?
Uh, I'd make a motion we approve uh PB >> 26 >> uh 2601 um with the condition of uh the removal of the existing coupe structures as they're uh portrayed on the plan um with
the one coupe structure that's wholly on uh lot 251 to remain um with a reduction in the so-called uh agricultural buffer uh requirement from 100 ft Uh down to 50 ft.
Second. >> Roll call, please. >> Yes. >> Yes. >> Yes. >> Yes. >> Yes. Congratulations. >> Thank you very much for your time
tonight. >> Have a great day, guys. Thank you very much. Thank you very much. Thank you, >> Christine. Just for the record, I'll come back in and step back in as chair at this time. >> And let's move on to correspondence. Uh there was a question answered at last
meeting. Chris, would you read the correspondence, please? >> And the ordinance 56 ordinance. Guys will be prohibited whether they are located any warehouse or other. >> Okay, thank you. That question at the last >> any existing structures.
>> Jimmy, stand by a second. Uh that question u was asked by me uh last uh week and I wanted to make sure last month and I wanted to make sure that I wasn't confused or confusing it uh because the warehousing piece was a
subject of conversation. I wanted to make sure that we weren't talking about data centers and warehouses. The ordinance that the township committee has passed since then will prohibit a data center in a 1 million
square ft building and it will also prohibit it in a 10x 20 visal shed anywhere in the township. And that's what I w I wanted to make sure that there was no crossing of the language there that will allow somebody to come in and say, "Wait a minute. I'm putting
a data center over here and your ordinance doesn't cover it." So, that was the purpose of sending that back to the solicitor to make sure that nowhere and regardless of the size of the building that they would put it in would uh allow it to occur. And I thank you
for go going back to the township for that uh clarification. Okay. >> And it includes existing structures. >> Yeah. Yes. >> Okay. Any other correspondence? Uh
Chris? >> Okay. The minutes of the April 21st meeting uh were submitted electronically. Is there a motion to u approve the the minutes of that evening? >> Motion to approve April 21 minutes. >> Move. Second. Second.
>> All in favor? >> I >> I uh Brian uh no need for close session. >> Okay. As we wrap up, any board comments? >> I just like to comment how thorough
these minutes are. Um, I've, you know, served on some other boards and, uh, just looking through them, you know, it's nice to have, uh, I mean, I understand that the minutes aren't supposed to be a verbatim, uh, transcript of the meeting, but it's, uh, it's it's helpful, I think, for
everybody involved to have, uh, have a thorough set of minutes. So, I just want to uh, acknowledge Chrissy for that. So, thank you. >> Yep. Agreed. Okay. At this time, I'll entertain a motion to adjurnn. So moved. >> Second. >> Move and second. All in favor? I.
>> All right. Thank you everyone for coming out this evening. We're journeying at this time. Also remove those buffers. They're in