February 08, 2001
The monthly meeting of the Greenwich Township Board of Adjustment was held on the above date and was called to order by David Cushing, Chairman, at 7:30 P.M. in the Municipal Building.
Pursuant to the Open Public Meetings Act, Chapter 231, PL, 1975, adequate notice of this meeting has been given in accordance with the Open Public Meetings Act by:
1. Mailing a notice of scheduled meetings of the Greenwich Township Board of Adjustment to the Express-Times, Phillipsburg Free Press and the Star-Ledger.
2. Posting a notice thereof on the Township bulletin board.
3. Filing a copy thereof with the Township Clerk.
Board members present: Diane Johnson, Patrick Mahoney, Robert Volk, Bruce Williams, Ray Buckwalter, David Cushing, Steve Babula, Frank Caprio. Also present were Michael Finelli, PE, and William Edleston, Esq. Absent was Robert Vetrecin.
Bruce Williams made a motion, seconded by Ray Buckwalter, to adopt the minutes of the January 11, 2001 meeting. Motion carried.
Case No. 00-28, Milan Tasevski, Preliminary Site Plan, Block 2, Lot 12.01, Route #57, Second Completeness Review. The application before the Board is for the conversion of an l,365 sq. ft. one-story garage to a proposed l,890 sq. ft. pizzeria restaurant.
The applicant has requested a waiver from Checklist Item #54, submission of an Environmental Impact Statement and Checklist Item #59, a Geologic Investigation Report, to be waived for completeness purposes only. The applicant has acknowledged that the Geologic Investigation Report will be provided to the Board prior to the public hearing.
The Board reviewed Michael Finelli’s report of February 7, 2001 where Mr. Finelli takes no exception to granting a waiver from Checklist Item #54 and a temporary waiver from Checklist Item #59, and finding the application complete providing a geologic report be submitted by February 22, 2001, prior to the Public Hearing.
Page 2
February 8, 2001
Bruce Williams made a motion, seconded by Robert Volk, to grant a waiver from Preliminary Checklist Item #54 and a temporary waiver from Preliminary Checklist Item #59, provided that a geologic report is submitted by February 22, 2001, prior to the Public Hearing. The motion carried with the following roll call vote:
IN FAVOR: Johnson, Mahoney, Volk, Williams, Buckwalter, Cushing,
Babula, Caprio.
OPPOSED: None.
ABSTAINED: None.
Bruce Williams made a motion, seconded by Patrick Mahoney, to deem complete Case No. 00-28, Milan Tasevski, Preliminary Site Plan, Block 2, Lot 12.01. The motion carried with the following roll call vote:
IN FAVOR: Johnson, Mahoney, Volk, Williams, Buckwalter, Cushing,
Babula, Caprio.
OPPOSED: None.
ABSTAINED: None.
Ray Buckwalter made a motion, seconded by Patrick Mahoney, to schedule a Public Hearing on Case No. 00-28, Milan Tasevski, Preliminary Site Plan, on March 8, 2001. The motion carried with the following roll call vote:
IN FAVOR: Johnson, Mahoney, Volk, Williams, Buckwalter, Cushing,
Babula, Caprio.
OPPOSED: None.
ABSTAINED: None.
Case No. 01-01, Paul Berezny, Sunshine Tree, Route #57. This application is a continuation from the January 11, 2001 meeting. Franklin Township is a neighboring Township and they were not notified of the hearing. The applicant notified Franklin Township on January 17, 2001, giving the Board jurisdiction to conduct a Public Hearing.
Bruce Williams made a motion, seconded by Ray Buckwalter, to open the Public Hearing. The motion carried with the following roll call vote:
IN FAVOR: Johnson, Mahoney, Volk, Williams, Buckwalter, Cushing,
Babula, Caprio.
OPPOSED: None.
ABSTAINED: None.
Page 3
February 8, 2001
Attorney Edleston stated that Michael Finelli is the engineer for Franklin Township, which is a neighboring Township of the application before the Board. For the record, Franklin Township and the applicant, Paul Berezny, have no problem with Mr. Finelli’s participation in the application.
A letter, dated January 31, 2001, was received from Franklin Township, stating several items that they would like the Board to address.
Mr. Berezny is requesting an expansion of his mulch operation and operate a recycling center for mulch making, which is a non-permitted use in the BI Zone. Mr. Berezny currently operates the Sunshine Tree and Landscaping business.
The overall parcel is 76 acres. A subdivision is before the Planning Board to subdivide the property into two (2) lots and a remainder. The proposal is to subdivide two (2) large parcels on either side of the portion of the property, which will retain the existing buildings and the Sunshine Tree and Landscaping business.
Sworn in by Attorney Edleston was Richard Huber, Mr. Berezny’s partner. Mr. Berezny, still under oath, stated that he would like to expand his mulch business by allowing the public to bring in branches, chips, firewood, trees from storm damage, etc. Stumps make good mulch so, therefore, Mr. Berezny might accept stumps. Mr. Berezny stated that he would not accept leaves for composting or pallets or any type of demolition products. Furniture, any paint material or tires will not be accepted. Mr. Berezny stated that he wants to keep the mulch at a high quality. There will be no burning of any material and if there is dust, it is limited. Construction debris, which Mr. Berezny would not accept, would create dust.
The mulch will not be stockpiled. Mr. Berezny wants to sell it as fast as it comes in.
Hours of operation will be 7:00 a.m. to 4:30 p.m., Monday through Friday; Saturday would be 7:00 a.m. to 12 noon. There will be no Sunday hours.
Tractor-trailers might be visiting the proposed facility, possibly one a day. A chain would be put across the driveway to stop people from coming in after hours.
Mr. Finelli was concerned that the pile would be unsightly from the road. Mr. Berezny stated that the mulch would be 15 feet in height, therefore, it would not be seen from the road when the trees have leaves on them. The debris would be behind the barn and possibly, the mulch could be seen when the trees are bare.
There will be a fee for dropping the recyclables off. A tipping station would be near the storage area, which contains 87,120 sq. ft. and is located behind the retail store.
Mr. Berezny has applied for a Class B Recycling Permit. DEP comes out every month to check on the operation. If the applicant is not complying with the rules and regulations, fines are issued. A pole is used to check the height to make sure that it doesn’t exceed the 15 feet.
Attorney Edleston stated that he has had dealings with the DEP and they are not always so diligent in checking on recycling centers. Attorney Edleston would like the opportunity to talk with DEP regarding this application.
David Cushing, Chairman, addressed the public for their comments, statements and concerns:
Kathy Minorics, Custard’s Last Stand, Route 57, Franklin Township: The recycling center in Harmony Township is noisy and smells and in Lower Mount Bethel, they have had 12 years of problems. The stumps were on fire for 2 years in Lower Mount Bethel. A Class B permit covers all different items. The machinery is loud and there is dust. Ms. Minorics owns an eating establishment where, in the summer, people eat outside and she doesn’t want the dust. This particular area is a wind tunnel.
Valerie Riggs, Franklin Township Mayor: Ms. Riggs is concerned with the Class B permit and would this proposal be part of the County’s plan. This happened in Franklin Township and when the County got involved, the Township lost complete control. The application should be limited to just mulch. A concern was expressed regarding pallets.
Daniel Fisher, 863 Route 57: Mr. Fisher expressed a concern as to trucks coming in and out all day long. There is noise from the machinery, which Mr. Fisher has heard up in the woods behind his home and pollution was a concern.
Francis Haydu, 2656 Route 57: Mr. Haydu stated that there is a lot more involved in making mulch. If products sit for awhile, they would smell. Run-off was also a concern.
Eric Creveling, 896 Route 57: DEP has restrictions on what Mr. Berezny can do and what he can’t do. Mr. Creveling doesn’t hear any noise from the machinery, there is no dust and feels that there is a misunderstanding regarding the recycling matter.
Charlie Costello, 2650 Route 57: Mr. Costello doesn’t even know how anybody can have a debate when there is a food eatery right down the street.
Joe Minorics, Custard’s Last Stand, Route 57, Franklin Township: There is dust and there is noise from the machinery when it is grinding.
Deborah Pasquarelli, 511 Standish Place, Stewartsville: Ms. Pasquarelli questioned as to how does Mr. Berezny’s operation compare to Harmony and Mount Bethel and could the size of the pile be limited. Mr. Finelli stated that Mr. Berezny’s proposal is considerably smaller than the Harmony operation. Ms. Pasquarelli requested that the Environmental Commission review the proposed application.
Karen Costello, 2650 Route 57: If the DEP can’t be trusted, who protects the citizens if there is a problem. Ms. Costello has a dog kennel and she can hear the chipper when it is started up.
Mr. Berezny stated that he has a problem with what Mr. Minorics stated regarding the noise. Mr. Berezny stated that Mr. Minorics told him that he can’t hear the machinery.
Jim McAleer, resides behind the facility. Mr. McAleer has been a fireman for over 30 years and 600 gallons of water is not near enough.
Upon hearing no further comments, Diane Johnson made a motion, seconded by Bruce Williams, to close the Public Hearing. The motion carried with the following roll call vote:
IN FAVOR: Johnson, Mahoney, Volk, Williams, Buckwalter, Cushing,
Babula, Caprio.
OPPOSED: None.
ABSTAINED: None.
Ray Buckwalter stated that he feels the application should be referred to the township’s Environmental Commission and to the fire chief for their comments and try to resolve DEP concerns. Storage and groundwater issues are also a concern.
Attorney Edleston recommended that the application be continued to the March meeting where he will have answers to some of the questions asked. He further suggested that the Board members should go to the site, look at the topography and listen to the tub grinder.
Regarding the issue of the compliance with the County Waste Plan, this site is not an approved site.
Bruce Williams stated that this proposal is in a B-I zone and by allowing this operation, would it be going against the Master Plan.
Mr. Finelli suggested to the applicant that he hire a professional that would answer some of the questions regarding the zoning issues.
Mr. Berezny stated that even though the Class B permit allows other types of operations, he is not going to comply with all of those items allowed in the Class B permit.
Bruce Williams made a motion, seconded by Patrick Mahoney, to continue the hearing of Case No. 01-01, Paul Berezny, to the March 8, 2001 meeting. The motion carried with the following roll call vote:
IN FAVOR: Johnson, Mahoney, Volk, Williams, Buckwalter, Cushing,
Babula, Caprio.
OPPOSED: None.
ABSTAINED: None.
Bruce Williams made a motion, seconded by Ray Buckwalter, to move into Executive Session. The motion carried with the following roll call vote:
IN FAVOR: Johnson, Mahoney, Volk, Williams, Buckwalter, Cushing,
Babula, Caprio.
OPPOSED: None.
ABSTAINED: None.
WHEREAS, Section 8 of the Open Public Meetings Act, Chapter 231, P:L: 1975, permits the exclusion of the public from a meeting in certain circumstances; and
WHEREAS, this public body is of the opinion that such circumstances presently exist.
1. The public shall be excluded from discussion of and action upon the hereinafter-specified subject matter.
2. The general nature of the subject matter to be discussed is litigation.
3. It is anticipated at this time that the above stated subject matter will be made public when the litigation has been settled.
Ray Buckwalter made a motion, second by David Cushing, to move out of Executive Session and into regular session. The motion carried with the following roll call vote:
IN FAVOR: Johnson, Mahoney, Volk, Williams, Buckwalter, Cushing,
Babula, Caprio.
OPPOSED: None.
ABSTAINED: None.
Bruce Williams made a motion, seconded by Ray Buckwalter, to inform ABAL Contracting that the Board would accept a 14,000 sq. ft. of office with no medical. The motion carried with the following roll call vote:
IN FAVOR: Johnson, Mahoney, Williams, Buckwalter, Cushing,
Babula, Caprio.
OPPOSED: None.
ABSTAINED: Volk.
Bruce Williams made a motion, seconded by David Cushing, to adjourn the meeting. Motion carried.
Elva N. Pomroy
Board of Adjustment Secretary
David Cushing
Chairman, Board of Adjustment