WEST AMWELL TOWNSHIP PLANNING BOARD

May 17, 2005

The West Amwell Township Planning Board meeting was called to order at 7:30 PM by

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. A joint discussion was held with members of the Township Committee as outlined in the minutes.

ATTENDANCE:

Roll call on attendance: Greenwood (Alt. #1)-present, Meader-present, Molnar-present, Palladino-present, Perri-present, Pfeiffer (Alt. #2)-present, Shute-present, Ent-present.

Absent: Dale, Smith, VanDerVeen

Professionals Present: William Shurts, Attorney; Robert Clerico, Engineer;

Anthony Mercantante, Planner

CLOSED SESSION:

(Commenced at 7:33 PM)

Motion for approval of closed session and resolution of approval (attached hereto as Appendix 1) as read into the record by Chairman Ent was made by Ent with a second by Shute. Roll call: Greenwood (Alt. #1)-aye, Meader-aye, Molnar-aye, Palladino-aye, Perri-aye, Pfeiffer (Alt. #2)-aye, Shute-aye, Ent-aye. The general nature of the subject matter discussed was as follows: Matters under Investigation; Personnel.

RESULTS OF CLOSED SESSION:

Motion to return to open session was made by Perri with a second by Pfeiffer. Roll call: Greenwood (Alt. #1) –aye, Meader-aye, Molnar-aye, Palladino-aye, Perri-aye, Pfeiffer (Alt. #2)-aye, Shute-aye, Ent-aye.

No results disclosed at this time. (Concluded at 8:17 PM)

APPROVAL OF MINUTES/BILL LST:

Minutes – April 19, 2005 – Correction to be made under “Adjournment” – Mr. Pfeiffer to be recorded as voting “nay”. Motion to approve the minutes as corrected was made by Pfeiffer with a second by Molnar. Motion carried on roll call vote – all ayes; Ent-abstain.

Bill List – May 17, 2005 – Motion to approve bill list as presented and attached hereto as Appendix 2 was made by Meader with a second by Perri. Motion carried on roll call vote – all ayes.

TAMKE TREE EXPERTS (DOUGLAS HUNT) – PRELIMINARY SITE PLAN APPLICATION – BLOCK 8 LOT 23.04 – WAIVER REQUESTS (APPLICATION DEEMED INCOMPLETE 4/7/05)

Vincent Bisogno, Esq., appeared on behalf of the applicant. Application has been deemed incomplete as of 4/7/05. Mr. Bisogno appeared before the Board to request waivers for checklist items as outlined in review letter of April 7, 2005, from Engineer Clerico. Mr. Bisogno explained that waivers had been granted for this application in 2003, however, the existence of wetlands on the property has resulted in the applicant revising their original application which will include the construction of a smaller flex warehouse and thus creating the need for subsequent approval of waivers. Letter dated May 10, 2005, from Mr. Bisogno addressing waiver requests was distributed and summarized by Mr. Bisogno and Robert Lorentz, P.E., also present on behalf of the applicant. Applicant requests waivers from the following checklist items: 17d, 18a, 18b, 22, 23b, 23c and will provide the necessary documentation as requested by Engineer Clerico for the following checklist items: 13, 14b, 14c, 14d, 16, 23a, 29i, 33a, 33b, 33c. Engineer Clerico recommended the granting of the aforementioned waivers. Motion to grant the waivers requested was made by Perri with a second by Meader. Roll call: Greenwood (Alt. #1)-aye, Meader-aye, Molnar-aye, Palladino-aye, Perri-aye, Pfeiffer (Alt. #2)-aye, Shute-aye, Ent-aye. It was noted that the application remains incomplete until the resubmission of the aforementioned items.

Minutes – May 17, 2005

Page 2

RESOLUTIONS OF APPROVAL

PB 2005-09 THOMPSON – MINOR SUBDIVISION – REQUEST FOR EXTENSION FOR FILING OF DEEDS – BLOCK 16 LOTS 8 & 15

Resolution of approval for a six month extension (through 10/27/05) as approved at the April 19, 2005, meeting was presented for memorialization. Motion to approve was made by Perri with a second by Meader. Roll Call: Meader-aye, Molnar-aye, Palladino-aye, Perri-aye, Shute-aye, Ent-aye. Motion carried. (Greenwood, Pfeiffer – ineligible to vote)

ATCHLEY – AGRICULTURAL SUBDIVISION RESOLUTION AMENDMENT – BLOCK 32 LOT 7.03 - Request for amendment of previously approved Resolution No. 9-2003 was received from Sharon Dragan, Esq. The Township has determined that this property will not become part of the Green Acres Program as previously outlined in the resolution of approval, but will now be placed in the County and State Farmland Preservation Program, thus requiring a farmland preservation easement in lieu of the former conservation easement. In response to questioning, it was noted by Mr. Shute that there will be a contingency added for no public access (except by the governmental entity having jurisdiction) and that this would not change the market value but perhaps the restrictive value of the property. Motion to approve the resolution and memorialization of same was made by Perri with a second by Greenwood. Roll call: Greenwood-aye, Meader-aye, Perri-aye, Pfeiffer-aye, Ent-aye; Recused: Molnar, Palladino, Shute –

Motion carried.

INFORMAL DISCUSSION – HOME OCCUPATION ORDINANCE

Letter dated May 3, 2005, from Bill Comly, resident of Barry Rd., requesting to appear before the Board regarding home occupation (amended) Ordinance 96-04 was received. Mr. Comly is requesting that the Planning Board address the indifference and compliance of this ordinance by the Board of Adjustment.

Mr. Comly appeared and provided different instances of violation of the home occupation uses ordinances throughout the Township and how they have been addressed. Mr. Comly is requesting that an inventory of home occupations be developed and an avenue of enforcement be put into effect for continuity in the zoning. It was agreed that Planner Mercantante will review the ordinance and provide recommendations for discussion at the next meeting.

JOINT MEETING PER REQUEST OF TOWNSHIP COMMITTEE – RE: GDP, TDR, FARMLAND PRESERVATION PRIORITIES

(8:57 PM)

Mayor Nancy Palladino opened the joint meeting. Committee members Tom Molnar and Gary Bleacher were also present. Notice of the joint meeting as provided by Township Clerk Lora Olsen on behalf of the Township Committee was read into the record by Chairman Ent. It was noted in the public notice that no action would be taken by the Township Committee at this meeting. It was agreed that Board Secretary Donna Griffiths would record the minutes of the joint meeting.

The joint meeting was opened by Mayor Palladino. Mayor Palladino stated the purpose for the meeting was to discuss where we’re at regarding the GDP, TDR, and Farmland Preservation priorities, what direction the Township will take, and clarification as to obligations and options available.

At the request of Mayor Palladino, Engineer Clerico provided an overview of the history of events in regard to the amendment of the Township’s Wastewater Management Plan dating from the 1980’s to present with the State Department of Environmental Protection. Since the filing of the amended plan to eliminate the sewer service area in 2000, DEP requested additional information be supplied to include an environmental assessment and nonpointe source pollution information same of which is tied into zoning. It was decided to answer this request based on the zoning incorporated into the latest master plan (2004) and re-file the request with the State based on the new zoning in place. In December, 2004, Engineer Clerico and a representative of the Township met with representatives from the DEP to discuss what we were looking for, history, and what we wanted to accomplish. Letter dated December 16, 2004, to the Township Committee from Engineer Clerico was referred to detailing additional information being requested by DEP to include the Township’s land use map associated with the stormwater management plan and adopted

Minutes – May 17, 2005

Page 3

ordinance, build out analysis, nitrate analysis, copies of the Township’s stream corridor buffer ordinance, public water analysis. Engineer Clerico stated that DEP indicated that it could take up to nine months to process the request for the amendment.

It was noted that there was discussion with Office of Smart Growth representatives who indicated they would confer with DEP regarding some of these requirements.

Mayor Palladino provided an overview of discussions with Bill Harrison from the Office of Smart Growth regarding the pre-petition for plan endorsement. Issues discussed included why the sewer service was not eliminated after settlement on DEP records even though it was no longer on Township and county maps. OSG indicated we could expedite the process at less expense by going through the pre-petition process.

An update on the progress of the pre-petition process was provided by Mayor Palladino and Planner Mercantante. It was reported that over 50% of the process has been completed to date. It was noted that the largest part of what they are requiring is because we have newly adopted Master Plan.

Open to public:

Andrew Nowicki - 70 Rocktown Lambertville Rd. – Mr. Nowicki questioned whether the sewer service area is on the way out. Mayor Palladino responded that it is definitely on the way out.

(No other public comments at this time.)

At the request of Mayor Palladino, Engineer Clerico provided a summary of the Fulper GDP approval.

It was noted that there are a total of 76 building opportunities and 67 are located on the combined parcel “E”.

In response to questioning by Mayor Palladino as to whether there is potential to exceed what has been allowed in the approval and whether we are going to allow or retire those rights, Attorney Shurts stated that the GDP approval allows for limited development on the four parcels; most of the preservation has already been accomplished whereas the Stoy, Heiffer, and Home Farms are currently in preservation. There are options on the parcels where the GDP exists; they could be retired but no decisions were made at the time of the adoption of the resolution. A moratorium was put into place to give the Township and others the opportunity to explore best aspect to proceed.

Planner Mercantante stated that the GDP exists to get large development plans approved with conceptual design initially and allows an amount of time for protection from zoning changes.

Robert Fulper Jr. explained the approvals granted regarding the moratorium and the length of approval granted. There is a 10 year approval with the option for an additional 10 years. He indicated they asked for that because they had no intention of doing anything right away. The moratorium ends three years from the date of resolution which was adopted in February 2004 (through February 2007).

In response to questioning by Mayor Palladino, Planner Mercantante stated that if the Fulper’s chose to exercise the option, the density is fixed with the GDP; they can build up to 67 units maximum. The design standards are fixed. If the site doesn’t get perc to support 67 lots, however, they will get whatever number the site supports. The approval will not be required to conform with current zoning for lot sizes; it is based on lot configuration of the GDP. Planner Mercantante also stated that if community on-site wastewater systems were ever approved by the Committee and/or Planning Board, it would not increase the amount of lots approved under this GDP approval.

In response to questioning by Board Member Alex Greenwood, regarding the retiring of these rights, Mayor Palladino stated that the original intention of the Township was to retire the rights (as referenced in the public hearing transcript of December 2, 2003).

Committeeman Bleacher responded that he didn’t believe the intention was to specifically retire them, but to look at different ways to act upon those development rights. It was Committeeman Bleacher’s understanding that the Planning Board’s intention was to lock in the amount of building opportunities and delay action on those opportunities to allow the town time to explore alternatives in dealing with them.

Minutes – May 17, 2005

Page 4

Committeeman Bleacher referenced the letter of intent relative to the approval signed by all parties and the options outlined in same to include retirement and/or other options to be investigated.

Public hearing transcript from December 2, 2003, was referred to by Pfeiffer wherein several municipal officials stated their favoritism in retiring these rights.

Robert Fulper Jr. stated the approval was laid out based on the zoning in place at the time (4 units/acre). and noted that 500+ acres have been provided to the Township through open space.

Open to public:

Weston Pfeiffer – 74 Rocktown- Lambertville Rd. – Mr. Pfeiffer presented letter dated May 17, 2005, reading same into the record. Mr. Pfeiffer’s letter addresses his concerns with the Fulper GDP approval, discussions regarding the transfer and/or retirement of these development rights, and the process relative to the elimination of the sewer service area.

Joann Speranza, 98 Rocktown Lambertville Rd – referred to testimony offered in the transcript of the GDP hearing held on 12/2/03 relating to the retiring the development rights, specifically as offered by then members of the Planning Board and Township Committee. Ms. Speranza expressed her opinion as to alternative locations for consideration for the transfer of the development rights as well as preservation options. She also expressed concern with accountability of the Township’s open space program and the criteria for preservation under this plan.

Mr. Shute and Committeeman Bleacher addressed Ms. Speranza’s questions regarding the Township’s open space program and preservation efforts throughout the Township. Committeeman Bleacher reiterated that the letter of intent provides the option for buying the rights, however, we have an obligation to look into alternative means from purchasing these rights. Mr. Bleacher also noted that the Township Committee is actively attempting to address the options.

Mayor Palladino expressed her concerns that we are one and a half years into the approval and we need to explore funding availabilities. She has been in contact with County Open Space representatives who have advised that funding is available for retirement of development rights opportunities. Mayor Palladino

further expressed concern with planning ahead financially now to address this situation in relation to funding availability via the State Preservation Trust Fund and County.

Mayor Palladino stated that it is in the best interest of the taxpayers to not create situations that raise your needs. Committeeman Bleacher stated his opinion that we have an obligation to explore areas that may be able to serve as a receiving zone that is innocuous to all residents which we have not done yet as well exploring the option for an age-restricted community.

Catherine Urbanski – 55 Rocktown Lambertville Rd. – provided letter dated May 17, 2005, which she read into the record. Ms. Urbanski expressed concern with the process of the sewer service area elimination and the TDR acquisition rights of the Fulper GDP. Ms. Urbanski stated that we should make every attempt to purchase the development rights associated with the Fulper GDP and avoid issues of sewers, transfer of development rights, and high density development.

Jamie Kamph -74 Wilson Rd. – Ms. Kamph expressed her concern about the feasibility of acquiring the development rights from the Fulpers not knowing whether or not same is for sale. Ms. Kamph also expressed her opinion regarding the open space tax.

Robert Fulper Sr., Rocktown Lambertville Rd. – commented that open space has to be maintained and questioned who will maintain same. He also commented that open space and farmland preservation are different entities.

Bill Comly – Barry Rd. – Mr. Comly inquired as to the Toll Brothers/Coleman Farm property and whether there is any proposed development on that parcel. Mr. Comly suggested the possibility of transfer of development rights to that location.

Minutes – May 17, 2005

Page 5

Board Comments:

Board member Alex Greenwood asked Mr. Fulper if they would be interested in selling off those building rights if the Township comes up with a fair price. Robert Fulper Sr. responded that they would be willing to discuss it.

Board member Sean Pfeiffer was advised that most of parcel E is mostly prime farmland in response to questioning of same. In response to questioning from Mr. Pfeiffer regarding his interpretation/definition of retirement rights, Committeeman Bleacher advised that everyone has the same goals but he feels that other alternatives should be explored for financial reasons; other properties may be pursued, and that you can preserve without impacting taxpayers.

Mayor Pallladino stated this matter will be carried to the Township Committee meeting tomorrow evening and the Committee will start discussions for same.

Carmen Perri – In response to Mr. Perri’s request, he was advised that a map of open space areas is

posted in the municipal building. Ms. Palladino indicated that she will see to it that one is posted in the lobby area for public view.

Hal Shute – Mr. Shute commented that in regard to the Mayor’s suggestion for buying these rights, although it may be legal to purchase same with open space monies, he is concerned about the feasibility

of getting the monies via state and county funds. Mayor Palladino indicated that she will follow-up on the availability of these funds. Mr. Shute responded to questioning by Mayor Palladino regarding his

opinion relative to age restricted communities and alternate wastewater systems.

It was the opinion of Mayor Palladino that TDR’s are to be put off until the elimination of the sewer service area, however, it was agreed that this issue would be further discussed and acted upon at the Township Committee meeting. (Joint Discussion concluded at 10:47 PM.)

UNFINISHED BUSINESS:

APPROVAL OF MINUTES OF OCTOBER 19, 2004 – Motion to approve the planning board minutes of the October 19, 2004, meeting (not to include the Township Committee minutes contained within) was made by Perri with a second by Meader. Roll call: Greenwood-aye, Meader-aye, Palladino-abstain, Perri-aye, Shute-aye, Ent-aye. Ineligible – Molnar, Pfeiffer. Motion carried.

STORMWATER MANAGEMENT PLAN – RESPONSE FROM COUNTY

Letter dated April 26, 2005, from Sue Dziamara, Sr. Planner, Hunterdon County Planning Board, regarding the Municipal Stormwater Management Plan filed by West Amwell Township, was received and distributed. Ron Shapella of the Environmental Commission appeared before the Board to address the letter which indicates that the plan would be disapproved due to the lack of “Land Use/Build-Out Analysis” if it is submitted for final approval on or before April 1, 2006. Mr. Shapella advised that Princeton Hydro is awaiting information from the County for the build-out analysis. It was noted that Planner Mercantante is in the process of developing a build out analysis plan. Planner Mercantante will check with Planner Dziamara as to the specifics for same.

STREAM CORRIDOR ORDINANCE DRAFT – ENVIRONMENTAL COMMISSION

Carried to June meeting per request of Ron Shapella of the Environmental Commission.

Minutes – May 17, 2005

Page 6

NEW BUSINESS:

Globe Associates – Block 8 Lot 31.01 – Final Site Plan Application/Status Update - Engineer Clerico noted that the Board previously granted conditional preliminary site plan approval and the documents submitted are under review to determine if all conditions have been met for that approval. If satisfied, applicant can proceed to construction subject to conditions. In light of the fact that applicant has filed a final site plan application which is not required at this time, it was agreed to deny the application without prejudice. Motion was made by Perri with a second by Meader to deny the application without prejudice. Roll call: Greenwood-aye, Meader-aye, Molnar-aye, Palladino-aye, Perri-aye, Pfeiffer-aye, Shute-aye, Ent-aye. Motion carried. Attorney Shurts will advise applicant’s attorney of the Board’s determination.

CORRESPONDENCE

Notice of Delaware and Raritan Canal Conference to be held on June 1, 2005, was received.

Hunterdon County Planning Board, Development Review Committee, agendas were received.

Information received from Nancy Palladino regarding County Environmental Toolbox –Ordinances was and distributed to all Board members.

Notice of public hearing was received from East Amwell Township regarding 2005 Municipal Cross Acceptance Report.

Initial Plan Endorsement Application requirements was received by Planner Mercantante and distributed to all members.

ADJOURNMENT

Motion to adjourn at 11:00 PM was made by Meader with a second by Perri. All members present voted in favor of adjournment.

Respectfully submitted,

Donna M. Griffiths

Secretary