FREEHOLD TOWNSHIP ZONING BOARD OF ADJUSTMENT MINUTES JUNE 13, 2013

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1 FREEHOLD TOWNSHIP ZONING BOARD OF ADJUSTMENT MINUTES JUNE 13, 2013 Vice Chairman Decker called the Zoning Board of Adjustment meeting of to order at 7:30 p.m. He read the notice of the Open Public Meetings Law and the Sworn Testimony announcement. There was a salute to the flag. Present: Absent: Mr. Caiazza, Mr. Schuhardt, Mr. Lundberg, Mr. Apostle, Mr. Jennings, Mr. Yoon, Mr. Elowitz and Mr. Decker Ms. Kurtz and Mr. McCloskey Minutes: Also Present: Dennis Galvin, Esq., Timothy P. White, Township Engineer and Nancy Torre, Administrative Officer Mr. Galvin administered the oath of office to the following member: Mr. Caiazza. A motion to approve the minutes of May 23, 2013 was made by Mr. Apostle and seconded by Mr. Elowitz and passed with the following members voting in favor of the motion: Mr. Schuhardt, Mr. Lundberg, Mr. Apostle, Mr. Yoon, Mr. Elowitz and Mr. Decker; Abstain: Mr. Jennings. Resolutions of Memorialization: Application #5-13 Frank Kravitz Block 71.07, Lot Christie Lane A motion to approve the Resolution was made by Mr. Elowitz, seconded by Mr. Apostle and passed with the following members voting in favor of the motion: Mr. Schuhardt, Mr. Lundberg, Mr. Apostle, Mr. Elowitz and Mr. Decker. Application #1-13/# KDC Solar CMC LLC 127 Gravel Hill Road, Block 86, Lot 4.01 A motion to approve the Resolution was made by Mr. Apostle, seconded by Mr. Elowitz and passed with the following members voting in favor of the motion: Mr. Schuhardt, Mr. Lundberg, Mr. Apostle, Mr. Jennings, Mr. Yoon, Mr. Elowitz and Mr. Decker. DISCUSSION - Application #2-11 Seasonal World Inc. (Picture Perfect Landscaping) Mr. Galvin explained only three board members are eligible to vote on what ever they do next and they are Mr. Jennings, Mr. Yoon and Mr. Lundberg. He said to Mr. Bartelli as he hasn t done anything to let them put the easement on his property, he s taking it that he doesn t want it. Mr. Bartelli said the board voted in February of last year and there was no memorialization

2 Page 2 until May. There were conditions in the resolution that were not met and you re saying that I haven t allowed anything, that is not true. Mr. Galvin said we put a condition in the resolution that said the parties were going to sign a document and record it. After it was recorded, work was going to be done on your property. Mr. Galvin asked him if he is willing to sign that document. Mr. Bartelli said no. Mr. Galvin said therefore, it would be impossible for them to meet that condition of the resolution. The board will consider whether they want that condition to remain or be rescinded from the resolution. If it s taken out, you will not be required to sign the agreement, no work will be performed in your yard and perhaps nothing else will be required of them. Mr. Bartelli said basically the board votes no, comes back a year later and says I think we got it wrong and says lets redo it. Nothing changed in the second time, I still have a problem and it is not going to be resolved by the Township. Mr. Galvin said there was a solution. Mr. Bartelli said he is the victim here, he did not build this structure and the Township is going to rule in their favor. Mr. Galvin said there are times we do things other people don t agree with. If we do something you don t agree with you have the right to go to court. You have forty-five days from the date we make a ruling to appeal. He said he tried every possible way to look out for him and his family and get them a reasonable compromise. He asked if there is anything else to offer the board. Mr. Bartelli said it looks like their decision is made. Mr. Galvin asked the Thompsons if they would like to speak. Mrs. Thompson said she would like to thank everyone for their time and apologized that it has gone on so long. She said she thought they had a resolution but it didn t happen. Mr. Galvin said the board has a difficult decision to make since Mr. Bartelli does not want to enter into that agreement and does not want the trees on his property. He has discussed this with Mr. White and they don t think there is anything else they can do from an engineering standpoint. His advice is to amend the resolution and delete that condition. He asked if there were any questions. Mr. Lundberg asked why the agreement was not signed. Mr. Bartelli said it was presented to him on the day it was coming to the board and he was asked to sign it otherwise the resolution would not be memorialized. He said this is going on for two years and he hasn t had help from anyone. Mr. Elowitz said you agreed to the settlement. Mr. Bartelli said we agreed there would be an easement between the two parties. Mr. Elowitz said if you didn t want the easement you shouldn t have agreed to it. The board made a decision based on the fact that the parties came together. Mr. Bartelli said he felt pressured to sign it at the last minute and as time passed he realized he didn t want to be in an agreement with people that don t say hello to him. Mr. Elowitz said but then you get nothing, if you don t agree. Mr. Bartelli said he doesn t want to enter into an easement agreement with them. He still wants his drainage issue fixed and wants his privacy. Mr. Galvin said you can t solve the drainage without the easement that was proposed. He asked if he is okay with have some trees planted on his property. Mr. Bartelli said he was fine with the trees but not the easement and underground drainage. Mr. Galvin asked why he didn t tell them that. He said if they modify this condition to say you ll plant the trees but eliminate the easement agreement, would that be okay? Mr. Bartelli said yes. Mr. Galvin said he may have to give them something in writing to give them permission and they are not going to be responsible if the trees don t survive. He asked the board what they thought about that. Mr. Lundberg said he is always positive when parties attempt to settle cases on their own. He would recommend it and hopes they can be friendly neighbors again. Mr. Galvin asked Mr. Bartelli who his attorney is. Mr. Bartelli said Mr. Santiago. Mr. Lundberg said there should be a requirement that an agreement be signed between the parties within a specific period of time. Mr. Galvin said within two weeks and then the trees be planted

3 Page 3 within two weeks after that. Mr. Santiago appeared and Mr. Galvin explained they are going to exscind the part of the condition regarding the easement but still have them plant according to the plan that was submitted. He said they will need an agreement between the parties. Mrs. Thompson asked if they will be able to get their final inspection once that condition is met. Mr. Galvin said yes. Mr. Lundberg said he feels the parties have entered into it fairly and voluntarily without pressure on either side. Mr. Jennings said this is an equitable solution for both parties. Mr. Yoon said this is a second agreement and hopes it will be completed. A motion to amend the conditions of the resolution regarding the easement was made by Mr. Lundberg, seconded by Mr. Jennings and passed with the following vote: Aye: Mr. Lundberg, Mr. Jennings and Mr. Yoon. NEW APPLICATION: Application #7-13/# Nestle USA, Inc. Block 43, Lot Jerseyville Avenue Amended Preliminary and Final Major Site Plan and Variances to construct a tower addition for a bottling plant that will be 64 8 high and 3 to 4 stories. Mr. Elowitz recused himself from this application. William J. Mehr, Esq., Mehr, LaFrance and Williams appeared on behalf of the applicant. He said this is an addition to the Nestle building that is in both Freehold Township and Freehold Borough that doesn t change anything on the ground. They will be building up to put in a bottling line. The effect is the height limitation will be at sixty feet. Iain Reed, Plant Manager appeared and was sworn. He said he has lived in the Township for ten years. The Nestle Freehold plant primarily makes freeze dried Tasters Choice and Tea for the Nestea products. They have a plant in Toluca Mexico that manufactures the Classico product that is very successful. Currently the Freehold plant is about fifty percent under utilized. They had to come up with a way to change the situation. If they can manufacture and fill the product then it would be good for them. Mr. Mehr asked how many employees they currently have. Mr. Reed said two hundred twenty. Mr. Decker said with the plant operating at fifty percent capacity they still employ two hundred twenty people. Mr. Reed said they went to three shifts, ten days on ten days off. Mr. Jennings asked if there will be more traffic. Mr. Reed said there will be four trucks a day. Michael Follmer, Architect licensed in Ohio for thirty-two years appeared and was sworn. He is with Sander/Wiseman who hold licenses in New Jersey. He was accepted as a consulting designer on this project. He referred to the site plan and described it. Mr. Mehr asked if there are any changes any place on the ground around the outside of the building from what is currently existing, Mr. Follmer said no. He discussed the number of trucks per day and the route. Mr. Decker asked if there were any questions. Mr. Galvin asked the record reflect no public is present.

4 Page 4 Allison Coffin, P.P. appeared and was sworn. Her credentials were accepted. She looked at the zoning ordinances and Master Plan for both communities. The application is for a vertical addition to the Nestle plant. The plant and addition are both split between the borough and the township. She said the portion of the facility in Freehold Township is in the M-2 Zone and the portion in the borough is in their CM Zone. The use that is existing and proposed is permitted in both communities. She discussed the height limit in both towns and type of variance. In her opinion special reasons exist for the granting of the variance and the variance can be granted without detriment to the health safety and general welfare. As a result of the height it will not impact the operation of the facility or the ability for the site as it exists to continue to function. The site will accommodate the use. Mr. Decker said given the additional height, how is the fire issue handled. Mr. Reed said they have rescue drills with the fire department. Mr. White said he is certain the fire department has a seventy-five foot ladder. Mr. Mehr said this is a necessary operation to keep the Nestle plant here. The variance they are asking for is a minimal variance utilizing an unused portion of the building to make it function. These are permitted uses and this building is what the building was designed for. He respectfully requests the board grant the variance. Mr. Decker asked if there were any questions. No one wished to speak and the public portion was closed. A motion to approve Application #7-13/# Nestle USA, Inc., with conditions was made by Mr. Apostle, seconded by Mr. Schuhardt and passed with the following vote: Aye: Mr. Caiazza, Mr. Schuhardt, Mr. Lundberg, Mr. Apostle, Mr. Jennings, Mr. Yoon and Mr. Decker. Mr. Schuhardt said he votes yes. He doesn t see a problem with the aesthetics of the building or traffic. Mr. Lundberg said he votes yes. He was very satisfied with the testimony presented. Mr. Jennings said he votes yes. He thinks it is a wonderful addition to both towns. Mr. Yoon said he votes yes. He concurs with the planning testimony which satisfies both the positive and negative criteria. Mr. Decker said he votes yes. Nestle has been a good corporate citizen in both towns for a very long time and applauds Mr. Reed and his team for trying to keep the plant running. ADJOURNMENT: A motion to adjourn the meeting was regularly made, seconded and passed. The meeting concluded at 9:05 p.m. Nancy Torre Administrative Officer Jeffrey Decker, Vice Chairman Zoning Board of Adjustment

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