WEBVTT METADATA Video-Count: 1 Video-1: youtube.com/watch?v=kgIc-Jd8HWk Part: 1 1 00:00:12.320 --> 00:00:31.599 Good evening everyone. This is the uh planning board of township of Frank Franklin on July the 16th. Please rise for the flag salute to the United States of America and to the republic for which it stands. One nation under God, indivisible, with 2 00:00:31.599 --> 00:00:52.160 liberty and justice for all. >> Okay, roll call, please. >> I'll do the open public meetings act first. Notice of this meeting has been given as required by the open public meetings act and the annual notice of meetings. A copy was posted on the township website. Notice of this meeting was sent to South 3 00:00:52.160 --> 00:01:07.840 Jersey Times and the Sentinel and a copy was posted at the Franklin Township Municipal Building. Mr. Mr. Brandt >> here. >> Mr. Clark, Mr. Fiorella >> here, >> Mr. Keane, Mr. Kelly >> here, 4 00:01:07.840 --> 00:01:22.479 >> Mr. Mady, Mr. Suede >> here, >> Mr. Ransen, Mr. Cahoot, Mr. Travalo >> here, >> chairman Pash >> here. Okay, first order first order of 5 00:01:22.479 --> 00:01:38.960 business is uh PB26-01 RM Stinger LLC. Uh it's a resolution. Is there a motion to approve the resolution? >> Uh Mr. Chairman, I make a motion we approve PB2601. Second I have a motion second. Uh roll 6 00:01:38.960 --> 00:01:54.880 call, please. >> Mr. Brandt, >> yes. >> Mr. Fiorella, >> yes. >> Mr. Kelly, >> yes. >> Mr. Traonone, >> yes. Yes, >> you yourself from the application. 7 00:01:54.880 --> 00:02:12.800 >> Oh, that's right. Abstain. You're you're right. You're right. Okay. Um the uh next is u >> the presentation and public comment on pertaining to uh ordinance 01- 8 00:02:12.800 --> 00:02:29.360 uh 26. Uh, William, excuse me. Brandon is not available this evening and William is here in his place. Would you uh highlight a resolution for the board? Uh, this >> Mr. Pesh, before they start, I'm going to recuse myself since this came down 9 00:02:29.360 --> 00:02:45.440 from the township committee. >> Understood. Thank you. >> Thank you, chairman. Um, so my office has re reviewed the ordinance and it doesn't conflict with the master plan. It's not inconsistent. It essentially just codifies state law. Um so my 10 00:02:45.440 --> 00:03:03.360 recommendation would be to uh recommend to the governing body to adopt the ordinance. >> Okay. >> Can I can I um just for clarification for the board and folks in the audience, what what exactly is being asked of this board? Um and why now? Um you know, how 11 00:03:03.360 --> 00:03:19.360 long has it been out there? How long have we had to uh adopt this? And and why is the township committee asking us to do this now? Uh in terms of what the ordinance does is it essentially just changes the notice requirements. Uh it shifts from 12 00:03:19.360 --> 00:03:34.400 newspaper publishing to internet publishing. Uh the state statute that the ordinance is essentially just codifying. It came into effect on March 2nd. uh the governing body is required 13 00:03:34.400 --> 00:03:51.360 when there's a zoning amendment to uh send it to the planning board and get feedback from planning board. Um so that's why we have to deal with it now. >> Okay. Thank you. >> Great. Good. Jenny, any other questions? >> I had a question. I think I might have 14 00:03:51.360 --> 00:04:07.599 overheard you guys before the meeting discussing it. >> In reading the ordinance, it doesn't reference um the zoning board. >> It only references the planning board. Yeah, I'll confirm that with the township solicitor. >> Um, so is are we maybe recommending that 15 00:04:07.599 --> 00:04:24.400 they include there's any work in the ordinance? Is that >> I I I think we're stepping our balance on that. uh the uh what I believe we ought to do is pass the uh pass it pass it on the behalf of the planning board and through 16 00:04:24.400 --> 00:04:42.080 conversations they're aware of it that it doesn't state the zoning board on there but we have no jurisdiction so I think we leave it out of our discussion uh and the secretary is aware of it and we'll talk to council about it and then the township committee if they so desire 17 00:04:42.080 --> 00:04:57.919 um can add it to their add it to the resolution at their meeting as >> do we recommend with that condition? >> No, I I think I think we stay out of it because the zoning board is a totally separate body. So, I think we stay out of it. Uh the fact that the conversation 18 00:04:57.919 --> 00:05:15.120 took place uh let the uh secretary and the attorney deal with it. I think we should stay in our lane for the uh only dealing with the planning board and let the uh township committee and the uh solicitor deal with the zoning board piece of it. 19 00:05:15.120 --> 00:05:30.240 >> Okay. Can you just give Christina in your minutes just make you know reflect that we at least talk about it? >> Yep. >> Okay. The the other comment I had Mr. Chairman in reading the uh the ordinance was the form in which the the notice is to be provided to the clerk. Um, I mean 20 00:05:30.240 --> 00:05:45.120 certainly if the clerk wants to do the extra work, I guess, um, the way it's set up is fine, but perhaps maybe we'd make a recommendation that it be provided in an electronic format for ease of publication. I don't know what the rest of the board 21 00:05:45.120 --> 00:06:01.919 >> sure feels or you have, >> as the secretary, are you going to be the one publishing the notices? That would make your life slightly easier, right? >> I mean, yeah. They're so they're going to go to the clerk cuz that's statute, >> right? >> Then she's just going to forward it 22 00:06:01.919 --> 00:06:16.479 right to me, >> right? But rather than you having to retype a public notice, if it was an electronic format, it probably make it easier on you, right? >> Well, if they provide it in physical format, then I'm going to scan it. >> Okay. Yeah. 23 00:06:16.479 --> 00:06:33.360 >> Cuz it'll go electronically to whichever paper. Well, it's not even going to go to the paper cuz they're going to do that portion. I'm just going to upload it to the public notices on the website. >> To the website. Okay. Yeah, in my head I was envisioning you having to retype all these notices. >> They bring it to me form then I'll scan 24 00:06:33.360 --> 00:06:48.800 >> scan. I I didn't even think about scanning it. Okay. Yeah. Okay. >> Okay. Um board has no other questions. Let's uh open it. I need a motion to open it to public. >> I make a motion open to the public. >> Second. 25 00:06:48.800 --> 00:07:07.599 >> Move and second. All in favor? >> I. >> Okay. We're open to uh public comment on ordinance 011-26. If anyone wishes to approach >> happy to >> Well, you're probably more knowledgeable than this board. 26 00:07:07.599 --> 00:07:25.280 >> Yeah, we have for a long time since it's named Cindy Murk's Sentinel 330 Gaban. Yes. If it's it's was done by the legislature that everything would now be in the hands of the municipal body to 27 00:07:25.280 --> 00:07:43.280 make sure that it's on your website. That's the requirement, >> right? >> It doesn't have to be in a newspaper anymore. But here's the kicker and I think that's where Jason's questions and Jim's are validated because what you have to make sure is so when a applicant 28 00:07:43.280 --> 00:08:00.160 comes in they used to then you used to require them to go to the newspapers and put it in there. Now they have to make sure that and this is where I don't know what you're going to do but they used to have to pay for that service. okay to make sure that it was up there the 29 00:08:00.160 --> 00:08:14.879 archiving because now you have to archive this for a full year even to the point that they tell you like I I have to have a generator okay to make sure that if it's down that somebody can still look at it. So, it does have a 30 00:08:14.879 --> 00:08:30.720 full throttle of it, which I did send to the clerk to tell her, "You guys haven't been doing it yet, and they should be. They should have been by March, but I guess things maybe got sidetracked because the law was changing and people were questioning, is this right, is that 31 00:08:30.720 --> 00:08:46.160 right?" So to my knowledge what I was explaining you guys are the attorneys but it now is in the hands of every like Joe you know from the fire company so you and Joe you as well you have to put everything up there and you have to keep 32 00:08:46.160 --> 00:09:03.519 it archived for that amount of time. It should in my opinion it's a lot of work and a lot of stuff extra for the town. So, I don't know whether you're going to charge the people when they come in, but they would just do like, you know, there's nothing that says what you can and can't charge it. And I noticed that 33 00:09:03.519 --> 00:09:20.240 that wasn't in there, but I think that you should because you have to make sure that's all taken care of because if they come back that they didn't, somebody comes in and says, "I wasn't noticed." You know, we always had that. It's, you know, so that's really what I know about it because I've been dealing with the 34 00:09:20.240 --> 00:09:35.680 legislators on this matter for a while and so has all the newspapers. So that's my understanding of it. But definitely check with your attorneys that are here if they want. I don't doesn't say anything about, you know, the municipal now can't charge them. So when they come 35 00:09:35.680 --> 00:09:51.519 in as an application, the size of it, what you guys want to require, you know, should really be in a text as to what exactly you want them to do. But that's just my opinion from doing it for 20 years. So that would you know unless you have anything else that I don't know but 36 00:09:51.519 --> 00:10:07.839 your attorney could ask. >> So Cindy when you when you would publish these would you ch did you have a flat fee or >> we were required for forever when the legislator you know they told us how much you could charge. So in other words I was a paper you had to go by whatever 37 00:10:07.839 --> 00:10:22.800 their standards were. I couldn't charge more than 25 cents a line. Mr. P knows this. We had a couple discussions, lively discussions when you >> lively discussions. >> Lively discussions. Yes. But when in other words, we couldn't charge more 38 00:10:22.800 --> 00:10:38.480 than 25 cents. So now you have where and this is how they do it. It's state, county, and municipal. So when we do that, it's actually set up, >> but they still haven't said anything that you should charge. And like I said, when you have to hire 39 00:10:38.480 --> 00:10:55.040 office staff to put this up. Some towns have a lot of activity. But everybody who's a builder, you got to make sure that it's coming through them instead of what we did before. And there's nothing that says extra fees on these either. So it doesn't really give you guard rails to say where we should go, 40 00:10:55.040 --> 00:11:10.079 >> but that's something you guys could probably decide and see what other towns are doing with it. >> Well, that's why I was wondering if you had a question. >> Yeah, some of them I mean there are no I mean right now I mean I'm still going on you know what we did. >> I I don't know like I'm just not sure that you put the fee structure in 41 00:11:10.079 --> 00:11:25.360 something like this. You have that as something separate. >> That would just be something I guess that the governing body is going to have to decide on. you're going to have to struggle with I initially and it may be a lot bigger than I think uh initially 42 00:11:25.360 --> 00:11:41.760 they receive the uh from the applicant the public notice and uh somebody takes that and uh post it on the website and and it's done at that point in time to your earlier point uh and I do it with the the new the newspaper side of it as 43 00:11:41.760 --> 00:11:58.480 well uh on each application I confirm with the attorney that have all the notifications both on the 200 foot and the uh legal ads are done. So I I don't see a change there is that whether they're using a legal ad uh in a paper 44 00:11:58.480 --> 00:12:15.519 or whether they're posting it that uh I'm try what I try to do is get it on the record that I was told >> right >> by the professionals that it was handled correctly. So, um, and and that will continue as well >> more on the township. I mean, as a 45 00:12:15.519 --> 00:12:32.399 governing body, you'd have to say >> you guys, you know, have we put maybe $1,000 into escrow, right? >> And do you want that to cover that? You know what I'm saying? That particular notice, which could probably, you know, be part of what how you have to deduct. >> I I actually have the complete opposite 46 00:12:32.399 --> 00:12:48.320 interpretation of >> Oh, good. Well, >> so I'm going to like defer I don't want to go back and forth with defer the solicitor because it was my understanding that the applicant still had to publish with an organization like yours and this additional notice was given as a courtesy to the um to the 47 00:12:48.320 --> 00:13:03.680 township. So >> you do not have to go with the newspaper. >> No, Jason, >> that's what the ordinance states. >> I understand that. And and honestly, I'm going to tell you Clayton, they made it when they did theirs, they said, "No, we're still publishing and you'll see Clayton notices in our paper." They made the decision that they didn't want to 48 00:13:03.680 --> 00:13:18.320 just hold it on their own. They wanted to have a backup. That's just why they so we're still doing you'll see that if the and your fire company and I think Joe's does too. I mean some people want another backup is because if my system 49 00:13:18.320 --> 00:13:34.480 goes down I can call a backup and you can still use them. But you know that's something that you know like I said has been that and some people wanted to. So Clayton's the only one right now. Uh Glboro isn't you know like I said it's up to you really your 50 00:13:34.480 --> 00:13:50.160 governing body that extra vote of do you want to do this to have you know some some security maybe that there's somebody else that has it if we lost it and then you always do that because sometimes you do sometimes you know you had everything together you thought it was great and then you go where's that 51 00:13:50.160 --> 00:14:07.360 paper? So that's really all that's what I understand. But you know what? Like I said, Jason, it's all new. >> We're all trying to, you know, get through whatever they want. >> We just did what they said. >> All right. Thank you guys. >> Thank you. >> Well, here still like the attorney. 52 00:14:07.360 --> 00:14:23.760 >> What letter was it on the right camp? >> Well, if you look under number one, it states that publication shall carry at least 10 the old the old publication. Yeah. >> Right. And Jackie changed it to 12 to give us time to upload it. will make the 10day >> is your is your understanding of the noticing requirements the same as mine 53 00:14:23.760 --> 00:14:39.040 or are you >> Yeah. >> Yeah. >> Okay. >> Um and the ordinance itself says that any fees would be free of charge for our posting of it. >> Right. The the the municipal posting is more of a courtesy almost. >> Yeah. >> So the applicant still has to publish 54 00:14:39.040 --> 00:14:55.600 with a uh I forget the definition but >> it's like an online news source or >> new source, right? just as they they did previously and they'll pay the fee to that organization and >> and and that that fee of that organization is set by the statute. It just cites to some administrative 55 00:14:55.600 --> 00:15:09.839 regulation. >> Sounds like according to what Cindy's saying that other municipalities are interpreting it differently, but I thank you for confirming my understanding of >> Bill Mar Avenue. I'm also current chair 56 00:15:09.839 --> 00:15:25.440 of the communication commission. Since January, we have had public notice up on our website. It is archived on a third party site, which is our web provider. Currently, we are set up to maintain the 57 00:15:25.440 --> 00:15:41.199 records for over 10 years. When they're posted, they are date stamped on the public notice page so that for compliance, we you we know what date we put it up on the website. 58 00:15:41.199 --> 00:15:58.000 >> All right. Is there any other questions about how we're maintaining it at the council level? >> Anybody? >> No. >> Okay. Thank you. >> Thank you. >> Anyone else? >> Seeing none hearing none at this time, 59 00:15:58.000 --> 00:16:18.079 I'll entertain a motion to close public section. >> Make a motion to close public. >> Second. >> All in favor? I. >> Okay. Your pleasure on the the recommendation back to the township committee. I I guess at this point I make a 60 00:16:18.079 --> 00:16:34.720 recommendation uh to this board that we vote in favor of recommending this ordinance review uh to the governing body the township committee >> for 0126. >> I have I have a motion to 61 00:16:34.720 --> 00:16:51.920 >> with also with the comments made >> with the additional comments. All right. Second. >> I'd second that. >> I have a motion. Second. Uh Chris, roll call, please. >> Mr. Brandt. >> Uh, yes. >> Mr. 62 00:16:51.920 --> 00:17:08.000 >> Mr. Kelly, >> yes. >> Mr. Suede, >> yes. >> Mr. Travalo, >> yes. >> Chairman P. >> Yes. >> Moving forward. Uh, Chris, any communications? >> Communications? No. >> Correspondence? 63 00:17:08.000 --> 00:17:23.600 >> No. A motion to approve the minutes of May 19th, 2026. >> Motion to approve minutes May 19th, 2026. Second. >> Second. All in favor? >> I I >> solicitor. No uh reason for close 64 00:17:23.600 --> 00:17:40.720 session. Correct. >> Correct. >> Um Chris, you do you want to take this uh the comment on the right to farm? >> Yes. So, at the last meeting, the comment was made that a chicken coupe is an egg building and that if it's farm 65 00:17:40.720 --> 00:17:57.600 related, it can be placed in the buffer. Um, so we reviewed the ordinance and to be a farm an egg building, it has to currently be assessed and qualified as farmland to be an egg building. So, just 66 00:17:57.600 --> 00:18:15.120 having a chicken in it doesn't qualify. The other thing is um the set buffer shall be restricted by deed against construction of any buildings structures or other than fences, walls and drainage facilities. So nothing can be built as 67 00:18:15.120 --> 00:18:31.360 far as like a structure other than the three listed in that easement. Okay. >> And I just wanted to get that on record because last meeting was on record stating that it could be. >> Okay. Thank you for doing the research on that, Christian. And and just for the 68 00:18:31.360 --> 00:18:49.200 record, I got I'm one up one we're one up on Ralphie now. We we we got them. >> No, no, no. The Phillies are on Ralph. >> Real quick to review the application last month. The chicken coupe was 91 ft 69 00:18:49.200 --> 00:19:06.160 from the rear property line. >> It was actually 51 ft. >> Oh, it was 51. >> Yes. So it is still outside of the 50 ft that cuz you reduced the ad buffer to 50 ft. So it is 1 ft outside of it. It is 51 ft. >> Okay. So no mistake was made with that 70 00:19:06.160 --> 00:19:23.039 application cuz we allowed a 50ft buffer. >> Well the D has to the restriction needs to be placed on the D but nothing further can be built on there. >> All right. Thank you. >> Um it doesn't really affect that one like I said because you guys agreed to the 50oot the structures 51. Um, but like I said, just because that was 71 00:19:23.039 --> 00:19:39.679 stated on record that it can be done. Just wanted to clarify that. >> Clarify >> it cannot. >> Okay. Thank you. >> But yeah, the applicant's not affected. >> There's actually since we're discussing it, um, sorry, Mr. I'll be quick. >> That's okay. >> Um, there's exceptions to those 72 00:19:39.679 --> 00:19:55.679 requirements in the ordinance. One of them being if the adjacent farmland is wooded, which this farmland, I believe we didn't do an in-depth, you know, analysis, but it appeared as though it was wooded. Therefore, the a buffer would not be applicable at all on 73 00:19:55.679 --> 00:20:11.760 that project. >> Um, now that wasn't raised by the um the applicant or the applicant's attorney. >> So, yeah, the it exempts properties that are uh in a forestry management plan. So 74 00:20:11.760 --> 00:20:27.360 you agree with my analysis? Is that what you're saying? >> Right. Yeah. The adjacent land in the wood lot incidental to farming operations or wooded track that is managed under an approved forestry management program. >> Right. Would be an exception to the buffer requirement, right? >> Yeah. 75 00:20:27.360 --> 00:20:42.960 >> I believe that adjacent parcel meets that. >> We don't know that. >> But that exception >> just because there's woods on a farm doesn't mean it's in a woodland management plan. It could be considered a pertinent woodland. >> Well, she said that is included in the 76 00:20:42.960 --> 00:21:00.559 exceptions. E either or, not both. >> No, not either or. If it's under a woodland management program >> only. >> Okay. Well, we have a duty to >> we should have that information. I thought you said if it was a pertinent to an operating farm or under a woodland 77 00:21:00.559 --> 00:21:16.080 management plan. >> I didn't say it or >> Okay. Well, nevertheless, the the buffer I mean, you know, my opinion on the buffers, they should be repealed, but um that that particular applicant, I don't think is um 78 00:21:16.080 --> 00:21:30.799 >> affected >> affected anyway. So going forward, whenever we have an adjacent Q farmland with woods adjacent to a minor subdivision or even a major subdivision, we need to do due diligence on whether 79 00:21:30.799 --> 00:21:48.400 or not it's a pertinent woodland or in a woodland management plan. If it were in a woodland management plan, it would nullify our buffers. Great. Correct. Yeah. Yeah. Okay. Anyone else comments this evening? 80 00:21:48.400 --> 00:22:04.280 Good down there. Entertain a motion to adjurnn. >> Motion to adjurnn. Second. Second. >> Move and second. All in favor. >> Thank you everyone. >> Yeah. milk.