Upper Freehold Township Planning Board

April 28, 2015

Regular Meeting

Members Present: Mayor Moslowski, Mr. Rosenbauer, Mr. Freiberger, Mr. Holmes, Mr. Raynor, Mr. Ferrier (arrived at 7:25 p.m.), Mr. Doherty, Mr. Faber, Mr. Stern and Mrs. Dorey. Excused Absences: Mr. Mele Others Present: Mrs. Babbitt, Land Use Administrator, Mr. Gerken-Engineer, Mr. Maczuga, Planner and Mr. Kalwinsky, Attorney.

Roll call vote was taken, flag salute, and compliance statement read.

Motion was offered by Jim Rosenbauer, seconded by Bob Freiberger to approve the March 12, 2015 minutes and motion carried.

Adam Sherry, 10 Clearwater Drive, Block 24.06, Lot 4, was presented for consideration for home occupation approval to operate on-site child care in their home, 5 children or less. He was sworn in and proof of service & publication was deemed in order to proceed. Adam indicated that he contacted the state and as long as he had no more than 5 children, there were no requirements from them. He continued and also stated that he meets all the criteria for home occupation/conditional use approval in that there will not be more than 1 non-resident employee, using less than 25% of home and will comply with parking. Hours would be 7 a.m. to 7 p.m. and they will comply with that. The ages of the children will be from 18 months to pre-K. Adam is also requesting a waiver from site plan details and simply submitted a plan of the home showing where the child care would take place. Pursuant to Glenn Gerken's report, he did agree to landscape screening (evergreens) by the side of the garage.

After board discussion, the hearing was declared open to the public. There were no comments or questions and the hearing was closed.

Motion was then offered by Richard Stern, seconded by Bob Faber to grant this home occupation approval subject to all testimony provided tonight, adhering to ordinance requirements and landscaping (screening) done and no signage. Roll call vote showed unanimous approval with the exception of Patricia Dorey who voted No.

Upper Freehold Solar, LLC, (Community Energy) #15-2, Block 22.01, Lot 12.01, Route 524/Sharon Station Road was presented for consideration for Site Plan approval for a Solar Farm and proof of service & publication was deemed in order, board has jurisdiction to proceed. (Mayor Moslowski and David Holmes recused themselves on this application) David Frank, Attorney for applicant stated that the statute provides for this use on an extraction site under a new state statute (soil was taken from this site when Route 195 was being constructed). Various submission waivers were discussed, most notably LOI--make it a condition of approval and traffic impact study--there will be no increase in traffic.

Motion was offered by Richard Stern, seconded by Bob Faber to grant these submission waivers and roll call vote showed unanimous approval. Therefore, application could proceed.

Dr. Thomas Tuffey-Community Energy; Steve Hazel-Electrical Engineer and Matthew Rutt, Engineer were all sworn in and credentials accepted.

Thomas Tuffey stated that this is their 10th project in NJ on this Wallsten farm property of approximately 12 acres and that the land involved is approximately 15-17' below grade and therefore will not be very visible from the road. If approved, it would be built in about 3-4 months and would be generating power and selling to grid. He stated Solar is very benign, no problems at any of their sites and also have never had theft/vandalism problems. He also provided the board with the background of this company and the benefits of clean energy.

Matt Rutt then spoke and he showed the board an aerial location map and described this property and surrounding land, very few houses in the area thereby making it a very desirable location and it is well buffered, although additional plantings will be done. He stated that the main constraint is wetlands which is why an LOI is pending and other permits. He explained this ground mounted system and also the 8' fencing to go around it as well as 15' wide gravel roadway into site with paved apron. Landscaping was discussed and they will fill in gaps on NE section and also landscape a section on Route 524. They will comply with all bulk requirements of ROM zone.

Bob Faber and others discussed additional plantings and Bob noted that there are several dead trees along Sharon Station Road; they will fill in with pines or spruce trees and stated they will "maintain adequate visual screen for life of contract". John Maczuga's report of April 6th was reviewed particularly in regard to these screenings/buffering.

Design waivers were reviewed and applicant stated they will comply with all and also all the comments in Glenn Gerken's report of March 24th. All board members and professionals agreed with 8' fence.

Steve Hazel then explained the electrical engineering as relates to these solar modulars. He described how they are constructed (put on rack) and are 2' off the ground. Wiring was reviewed and regulations per DCA, BPU, then JCP&L and PSE&G. There is 30 year life, then land if left equal to or better condition. This site will comply with noise standards. On a quarterly basis, two technicians come in and check everything, tighten bolts, etc.

After board discussion, the hearing was opened to the public:

Roger Rappleyea, 768 Route 524--He asked for more trees along the residential area on Route 524.

John Falconio, 759 Route 524--He stated this is a good thing, he has on his property, works out fine, better use than now.

Stanley Moslowski, 142 Sharon Station Road--Suggested taking the proposed buffer away from the trail (shown on plans) and add trees to buffer residential areas on Route 524; otherwise, he felt that this was a good use of the land and a great location.

With no further comments or questions, the hearing was closed.

In continued discussion with the applicant, they agreed to shifting (from the trail) planting of trees/buffering more along Route 524 in residential area. Everyone agreed to this and Glenn Gerken will adjust bonding sheet accordingly.

Motion was then offered by Jeff Ferrier, seconded by Jeff Doherty to grant this Solar Farm (Community Energy) Preliminary/Final Site Plan approval subject to all testimony provided tonight. Roll call vote showed unanimous approval.

Mayor Moslowski and David Holmes rejoined the board.

Buddy Westendorf, Happy Apple Inn Waiver of Site Plan Resolution, was presented for adoption. Motion was so offered for adoption by Jeff Ferrier, seconded by Jeff Doherty and unanimously approved with the exception of abstentions from Bob Faber and Richard Stern.

John Mele's comments, sent via memo, regarding Circulation Plan Element were discussed and noted by Glenn Gerken who indicated they would be addressed.

After various other minor discussion, the motion was made, seconded and unanimously approved to adjourn.

Susan H. Babbitt, Land Use Administrator

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