The West Amwell Township
Planning Board meeting was called to order at
Chairman Jeff Ent followed by
the Flag salute. Chairman Ent stated the
meeting has been properly advertised and is being held in compliance with the
Open Public Meetings Act. The meeting
was recorded via digital recording system and copy of CD is on file in the
Planning Board Office.
ATTENDANCE:
Roll call on attendance: John Dale-present, Bernard Meader-present, Nancy
Palladino-present,
Carmen Perri-present, Sean Pfeiffer
(Alt. #2)-present, Hal Shute-present, Joan
Smith-present,
Joan VanDerVeen-present, Jeff
Ent-present.
Absent: Tom Molnar
Late arrival: Alex Greenwood (Alt. #1) – at
Professionals Present: William Shurts, Attorney; Robert Clerico,
Engineer;
Anthony Mercantante, Planner
APPROVAL OF MINUTES/BILL LST:
Regular Minutes –
Closed Session Minutes –
Dale-abstain, Meader-aye,
Palladino-aye, Perri-aye, Pfeiffer-aye, Shute-aye, Smith-abstain,
VanDerVeen-abstain, Ent-aye. Motion
carried.
Bill List –
Copies of plans for
additions/alterations to the school to include proposed auditorium were
received and distributed prior to the meeting.
Representatives for the project did not appear to present the
proposal. Due to statutory time period
for review by the Planning Board, letter to be sent to the Department of Education
on behalf of the Board advising no action taken due to applicant’s failure to
appear.
APPLICATIONS:
ADAM – BLOCK 32
Steve Morland, Esq., and
James Ceglia, P.E., appeared on behalf of the applicant. Mr. Morland distributed minor subdivision
plan (latest rev. date
Applicant proposing minor
subdivision resulting in one six acre parcel containing existing dwelling and
accessory structures and proposed new lot consisting of 21.86 acres based on
the flag lot provisions of the ordinance.
Applicant proposing 100ft wide “flag staff” in lieu of the required 50
ft. wide provision.
Mr. Morland addressed
Engineer Clerico’s concerns regarding the possibility of a subsequent
subdivision of this property and the impact on the conditions for contiguous accessways
for flag lots as outlined in the Township’s ordinance, potential implications
under the State’s stormwater regulations, and whether drainage plans for both
properties should be submitted. Mr. Morland advised it is applicant’s intention
to separate the house and keep the remaining lands (flag lot) at this time,
however, does not want to preclude
option of coming back for further subdivision at some future point. In the event of future subdivision, Mr.
Minutes –
Page 2
Morland indicated the driveway
would be shared and placement would be in accordance with ordinance
requirements. In response to concerns by
Engineer Clerico regarding the 850 ft. long driveway and possibility of a proposed
dwelling thus creating an impervious disturbance exceeding State stormwater
criteria, Mr. Ceglia advised there is no intent for the construction of a house
and/or improvement of the lot at this time; they have shown minimal disturbance
of impervious area. Mr. Morland suggested
that in the event of a request for further subdivision, notes could be added to
the resolution of approval and/or plan referencing a limitation on the size of the
house and level of allowed disturbances and the need for DEP and other
applicable approvals (to include filing of drainage plans) for any deviation in
allowances.
In response to Engineer
Clerico’s concern about the need for a “footprint of disturbance” letter of
Interpretation (FOD-LOI) from the NJDEP, it was suggested that a condition of
any subsequent action be included in the resolution and deed that prior to any
land disturbance, building permit, etc. the developer would need to obtain an
LOI from DEP.
It was noted that there was a
question on the soil testing information regarding the classification of soils
by the Township witness. Mr. Ceglia will
address the discrepancy and report back with the results at the next meeting of
the Board. Hunterdon County Health
Department approval has not been received to date.
The majority of the Board
members expressed satisfaction with the
overall proposal contingent upon the proper recording of all imposed
restrictions that would apply if the application is approved. Concerns were expressed regarding potential
problems with the granting of the 100 ft. flag staff.
Applicant’s professionals
will provide requested soil testing data for review and discussion at the
August 16th meeting.
Application carried to
RESOLUTIONS OF APPROVAL
PB 2005-11- LANG - MINOR SUBDIVISION – REQUEST FOR
EXTENSION FOR FILING OF DEEDS – BLOCK 23 LOT
Motion to approve a 60 day
extension (through
UNFINISHED BUSINESS:
STREAM CORRIDOR ORDINANCE DRAFT – ENVIRONMENTAL
COMMISSION
Ron Shapella, representative
of the Environmental Commission, provided revised, draft Stream Corridor
Ordinance. Mr. Shapella provided an
overview of the revisions to the Ordinance to include previous Board
recommendations. Mr. Shapella advised
the new draft also includes a tiered system for existing and future development
as outlined in the ordinance. Upon
further review, the Board requested additional revisions to include: Under #4 – Establishment of a Stream
Corridor – language to be amended to read, “…shall extend (#) ft. perpendicular
to and parallel with both sides of the stream”; #5 – Permitted Uses – language from
previously submitted draft from
current ordinance detailing uses to include fishing, hunting, etc. to be
inserted; #6 – Performance Standards – language to be inserted regarding the
conservation easement that “the conservation easement does not imply public
access permitted unless otherwise authorized by some other action.”; #7 –
Activities Permitted in Stream Corridors Only Under Extreme Hardship (new
section), E.1) – language to be amended to read, “Within any stream corridor,
no land disturbance or encroachment shall be permitted…”. It was noted that definitions included should
be consistent with those contained in the land development ordinance and the
definition of a conservation easement and Stream Corridor Management Plan should
be included. Mr. Shapella advised that
the draft was forwarded to the Zoning Official for his review. Mr. Shapella will make the recommended
changes along with minor typographical changes and submit same to the Township
Committee for public hearing. Messrs.
Meader and Shute expressed their concerns with the ordinance as currently
drafted specifically relative to the difference in the standards that are
proposed. Motion for conceptual approval of the draft
ordinance contingent upon the aforementioned changes being made was made by Smith
with a second by Pfeiffer (Alt. #2).
Roll call: Dale-aye,
Minutes –
Page 3
PROPOSED HOME OCCUPATION ORDINANCE AMENDMENT
Planner Mercantante
provided home occupation ordinance information to include sample definitions,
applications, and model ordinances from other municipalities for review. Ms. Smith expressed concern with the impact of
tighter regulations relative to the impact on residents with pre-existing
approvals.
Planner Mercantante suggested
that provisions could be incorporated for the grandfathering of pre-existing
businesses. It was agreed that a copy of
the Civil Action Judgment concerning the approval of a permitted home
occupation use on
Patricia Comly, resident of
It was agreed that Zoning
Official EugeneVenettone be contacted to ascertain his opinion as to whether
modifications/stricter regulations to the home occupation ordinance should be
considered. Secretary Griffiths will
send a memorandum pertaining to same to Mr. Venettone.
NEW BUSINESS:
ROUTE 179 OPEN SPACE PROJECT – Letter dated July 8, 2005, from Hal Shute,
representative of the Open Space Committee regarding a proposed land
preservation project on Route 179 (Block 8 Lots 13, 14, 15, 42, and 53) with
accompanying map of the proposal were received and distributed. Mr. Shute provided an overview of the
proposal: the project will entail lot line adjustments to several properties
and will provide access to an adjacent property which is currently landlocked
(lot 42); Lots 14 and 15 will have boundaries adjusted to form two flag lots, a
shared driveway and common stream crossing for all three lots will be
developed. All three lots will have conservation
easements limiting development to one residence per lot with some public access
on all three lots. The flag stem of lots
14 and 53 will be merged into lot 13 (the only lot currently developed). There will be a reduction in tax parcels from
five to four and a maximum of four residences on approximately 116 acres. Mr.
Shute requested the Board’s opinion on the proposal as some of the engineering
and legal costs will be borne by the Township.
Members offered the following comments:
favoritism of one stream crossing in lieu of three; the location allows
for contiguous open space; there will be a limit to the housing that may be
constructed. Mr. Shute advised that the
estimated cost would be approximately $450,000 with half of the monies being
received back from Green Acres and the bills by the Board’s professionals
should be paid out of the open space reserve for preliminary expenses. The proposal will be presented to the
Township Committee.
DRAFT GROWTH SHARE ORDINANCE - The
following draft growth share ordinance was presented for discussion: AN ORDINANCE AMENDING CHAPTER ___ OF ARTICLE
___ OF THE LAND USE DEVELOPMENT ORDINANCE OF THE TOWNSHIP TO FACILITIATE THE
PROVISIONS OF AFFORDABLE HOUSING IN THE THIRD HOUSING CYCLE IN CONNECTION WITH
RESIDENTIAL AND NON-RESIDENTIAL GROWTH AND DEVELOPMENT. Planner Mercantante advised that Special
Planner Shirley Bishop has suggested that the Township adopt a growth share
ordinance to address future affordable housing requirements. He noted that design or development standards
may need to be incorporated. An overview
of the ordinance was provided by Planner Mercantante. Planner Mercantante noted that “in lieu fees”
can not be used for the funding of Regional Contribution Agreements (RCA’s),
however, developer fee monies may be used and clarification of this will be
included in the ordinance. Ms. Palladino
advised that this ordinance will be part of the Housing Plan.
She further advised that Special Planner Shirley Bishop would be
attending the August 16th meeting of the Board to present more
detailed information.
OTHER:
Globe Associates – Block 8
Minutes –
Page 4
Forestry Committees – Chairman Ent requested clarification as to the
appointment of a subcommittee appointed by the Township Committee involving
forestry management. Mayor Palladino
indicated that a Community Forestry Committee was appointed to develop a community
forestry plan and to explore State grant opportunities. This Committee consists
of several members to include two members of the Planning Board that were previously
appointed by Chairman Ent to the Planning Board Subcommittee that worked on the
acquisition of the grant received previously for $2,000.00. Secretary Griffiths will ascertain the status
of the grant monies ($2,000.00) received via the Planning Board subcommittee.
CORRESPONDENCE
Correspondence from the New
Jersey League of Municipalities regarding S-2133/A-3803
– Educational Requirements for Zoning and Planning Board Members was
received and distributed. The League is
requesting support of their proposed amendments to the legislation. Motion to support the amendments proposed by
the League was made by Palladino with a second by Perri. Motion carried on roll call vote – all ayes. Secretary Griffiths will send correspondence
to the appropriate Assembly members supporting the League’s proposed
amendments.
Hunterdon County Planning
Board, Development Review Committee,
agendas were received.
ADJOURNMENT
Motion to adjourn at
Respectfully
submitted,
Donna
M. Griffiths
Secretary