Planning Board Minutes s3

LAND USE BOARD MINUTES October 3, 2007

The Tewksbury Township Land Use Board met in a regularly scheduled meeting on the above date in the Municipal Meeting Hall, 60 Water Street, Mountainville, New Jersey. The meeting was called to order at 7:30 p.m.

Present were: Mr. Johnstone, Chairman, Ms. Desiderio, Mr. Mennen (arrived at 7:31 P.M.), Mayor Van Doren, Mr. Mackie, Ms. Devlin, Mr. Blangiforti, Mr. Moriarty (Alt. #1), Mr. Bossert (Alt. #2), Mr. Kerwin (Alt #3 – arrived at 7:40 P.M.) and Mr. Shapack (Alt. #4).

Also present was: Ms. McCarthy, Land Use Clerk.

Absent were: Ms. Baird and Ms. Czajakowski.

There were 5 people in the audience.

OPEN PUBLIC MEETING ACT STATEMENT Mr. Johnstone opened the meeting by announcing that adequate notice of the meeting had been provided by posting a copy thereof on the Police/Administration Building bulletin board, faxing a copy to the Hunterdon Review and the Hunterdon County Democrat, and filing with the Municipal Clerk, all on February 15, 2007.

EXECUTIVE SESSION  Personnel  Pending Litigation

Ms. Desiderio made a motion to enter into executive session at 7:32 p.m. to discuss pending litigation/personnel which was seconded by Ms. Devlin.

BE IT RESOLVED, pursuant to N.J.S.A. 10:4-12 and N.J.S.A. 10:4-13 that the Tewksbury Township Land Use Board adjourn to Executive Session to discuss pending litigation/personnel.

No official action will be taken during said session; and

It is expected that the discussion undertaken in Executive Session can be made public when the personnel/pending litigation issue has been settled.

Ayes: Mr. Johnstone, Mr. Mennen, Mayor Van Doren, Ms. Baird, Mr. Mackie, Ms. Devlin, Mr. Bossert, Mr. Moriarty and Mr. Shapack.

Nays: none

The regular meeting reconvened at 8:15 p.m. and Mr. Johnstone stated the Board had a discussion regarding pending litigation/personnel.

1 CLAIMS Mr. Johnstone asked the Board if there were any questions or comments regarding the following claim to which the response was negative. Therefore, he asked the Board for a motion in which Mayor Van Doren made a motion to approve the claims and Ms. Desiderio seconded that motion. The motion carried by the following roll call vote:

1. Bernstein & Hoffman – Attendance at 9/195/07 Land Use Board Meeting – invoice dated September 20, 2007 ($450.00).

Roll Call Vote:

Those in Favor: Mr. Mennen, Ms. Desiderio, Mayor Van Doren, Ms. Devlin, Mr. Blangiforti, Mr. Mackie, Mr. Moriarty, Mr. Bossert and Mr. Johnstone.

Those Opposed: None

CORRESPONDENCE Mr. Johnstone asked the Board if there were any questions or comments regarding the following correspondence to which the response was negative. Referring to item #4, he stated that the issue has been resolved as the attorney has spoken with Ms. Reese and the condition will remain. He then asked the Board if there were any further questions or comments to which the response was negative. Therefore, he asked the Board for a motion in which Ms. Devlin made a motion to acknowledge receipt of the correspondence and Mr. Blangiforti seconded that motion. All were in favor.

1. A report dated September 26, 2007 from Melanie Reese regarding Hill and Dale Farms, Minor Subdivision/Variance application for Block 38, Lots 1 and 17. 2. A letter dated September 28, 2007 from Mayor Van Doren, Chairman of the Agricultural Advisory Committee, regarding an updated Farmland Preservation Plan. 3. A letter dated September 28, 2007 from Bonnie L. McCarthy to the Township Committee regarding a recommendation by the Land Use Board to allow for Scenic Roads to review driveway permits for properties located on Township scenic roads. 4. A letter dated September 24, 2007 from Neil Yoskin, attorney for Oldwick Animal Hospital, regarding condition 11(f) of the Preliminary Site Plan resolution. 5. A letter dated September 14, 2007 from the Hunterdon County Planning Board regarding Hill and Dale Farms, Block 38, Lots 1 and 17.

MINUTES  September 5, 2007  September 19, 2007

2 Mr. Johnstone asked the Board if there were any questions or comments regarding the September 5, 2007 minutes to which the response was negative. Therefore, he asked the Board for a motion in which Ms. Devlin made a motion to approve the September 5, 2007 minutes and Mr. Kerwin seconded that motion. All were in favor. Mr. Mennen, Ms. Desiderio, Mr. Blangiforti and Mayor Van Doren abstained from the vote.

Mr. Johnstone asked the Board if there were any questions or comments regarding the September 19, 2007 minutes to which the response was negative. Therefore, he asked the Board for a motion in which Ms. Devlin made a motion to approve the September 19, 2007 minutes and Mr. Mackie seconded that motion. All were in favor. Mr. Mennen, Mayor Van Doren and Mr. Bossert abstained from the vote.

PUBLIC PARTICIPATION Mr. Johnstone asked the public if there were any questions or comments regarding anything not on the agenda to which the response was negative. Therefore, he closed the public portion of the session.

RESOLUTIONS  Resolution No. 07-12 – Crossroads @ Oldwick, Block 45, Lots 42 and 43, Denial of request for modification of condition in original resolution of approval.

Mr. Johnstone announced Resolution No. 07-12, Crossroads @ Oldwick, Block 45, Lots 42 and 43, Denial of request for modification of a condition in the original resolution of approval. He stated that Ms. Czajakowski was not in attendance at tonight’s meeting as she was recused from the Crossroads @ Oldwick matters. He asked the Board if there were any questions or comments to which the response was negative. Therefore, he asked the Board for a motion in which Mayor Van Doren made a motion to adopt Resolution No. 07-12 and Ms. Devlin seconded that motion. The motion carried by the following roll call vote:

LAND USE BOARD

TOWNSHIP OF TEWKSBURY

APPLICATION #

RESOLUTION #07-12

WHEREAS, CROSSROADS AT OLDWICK HOMEOWNER’S

ASSOCIATION, INC. has requested that the Land Use Board of the Township of

Tewksbury amend Condition 4.4 in the Planning Board Memorialization Resolution #01-

12 for Application #01-02 for TOLL BROS, INC. concerning a townhouse development

3 known as “Crossroads at Oldwick” on property located at Oldwick Road (Route 523) and designated as Block 45, Lots 42 and 43 on the Tewksbury Township Municipal Tax Map

(the “site” or the “subject property”), which premises is located in the South Oldwick

Residential District, and

WHEREAS, Condition 4.4 in Resolution #01-12 which was adopted on

October 3, 2001, provides:

“4. The Homeowners’ Association shall be responsible to maintain landscaping. No underground sprinkler system shall be permitted. The use of pesticides and herbicides shall be strictly limited. Organic fertilizer shall be used to the maximum extent practical and feasible”, .

AND, WHEREAS, TOLL BROS, INC., developed and sold 75 townhouse units on the subject property, and

WHEREAS, the Tewksbury Land Use Board is the successor to the

Tewksbury Township Planning Board, and

WHEREAS, the applicant, Crossroads at Oldwick Homeowner’s

Association Inc. is the Homeowner’s Association for Crossroads at Oldwick, and

WHEREAS, Crossroads at Oldwick Homeowner’s Association, Inc requested that the Tewksbury Township Land Use Board, delete the prohibition on an underground sprinkler system as it wants to install an underground irrigation system for the entire lawn area and all landscaped areas within Crossroads at Oldwick, and

WHEREAS, the application was presented by attorney John Dusinberre,

Esq. of the firm of Mandelbaum Salsburg; Meryl Topchik, Vice President of the

Crossroads at Oldwick Homeowner’s Association; Adam Stern, PE, Senior Manager

Engineer for Applied Water Management, Matt O’Neal, sprinkler specialist formerly with

4 Storr Tractor, at the February 21, 2007, April 4,2007 and August 15, 2007 Land Use

Board meetings, and

WHEREAS, the application was reviewed by Township Planner and

Landscape Architect Carl E. Hintz, PP, C.L.A. of Clarke, Caton, Hintz and Land Use

Board Engineer Melanie A. Reese, PE of the firm of Maser Consulting, and

WHEREAS, the Board, after considering the evidence presented by the applicant, the municipal consultants, residents of Crossroads at Oldwick, adjoining neighbors and members of the general public, has made the following factual findings;

A. Planning Board Approval Of Crossroads at Oldwick

1. Crossroads at Oldwick was approved as an inclusionary development.

2. The Planning Board in Resolution #01-12 made the following findings with respect to water service:

“F. The Proposed Development - Water Service

45. Pursuant to the Stipulation of Settlement of the DRO, and Section 714A.E.3a of the DRO, the development is required to be served by an onsite water supply system. 46. The applicant has conducted well tests which would indicate that there is sufficient water from the site to serve the 75 new residences.

47. Proposed Lot 71, which is past the first building from Oldwick Road, would be developed with a water treatment plant and two wells. West of Lot 71 is Lot 76, an irregularly shaped 1.39 acre lot which adjoins Lots 72-75, and juts into the larger Greenbelt lot and close to Oldwick Road. The initial plan was for a water tank and additional wells to be located on proposed Lot 76.

48. The wastewater and the water systems would be operated by Applied Wastewater Management, Inc. which will obtain a franchise from Tewksbury Township. The utilities would be under the control of the NJBPU (Board of Public Utilities).”

5 3. The Planning Board was concerned about the impact of

Crossroads at Oldwick on the wells in Oldwick. The Planning Board was aware that

Tewksbury contains the headwaters of the Raritan River which supplies potable water to much of the state.

4. In order to preclude the promiscuous use of water and to protect the environment, the Planning Board in Condition 4.4 prohibited underground sprinkler systems. By underground sprinkler systems, the Board meant permanent systems as opposed to sprinklers attached to hoses and the like.

5. Subsequent to the adoption of Resolution #01-12, the Tewksbury

Planning Board embarked on a comprehensive Master Plan study which involved retaining hydrologist Matt Mulhill of M2 Associates, Inc. who prepared a study titled

Evaluation of Groundwater Resources of Tewksbury Township.

6. The subsurface under the site is the Triassic-Jurassic Passaic formation.

7. Based on the background study, the Master Plan stated:

4.2.4 Water Resources

Water is arguably Tewksbury’s most critical natural resource. Groundwater is the sole source of drinking water for most of the Township, while its surface waters, headwaters and tributaries of the Raritan River - supply drinking water uptakes downstream. Adequately protecting these vital water resources will ensure a clean, plentiful, and sustainable water supply into the future.

The protection of land is key to the protection of water. Measures that restrict development and density as well as those that preserve land are essential to ensuring water quality and abundance. The Highlands Regional Study, 2002 Update highlights the importance of land protection strategies in our locality. It found that an “analysis of the watersheds in the Highlands revealed that only 52 percent of the critical areas needed to provide (the) water(on which over 11 million people depend) are currently protected. Further losses or degradation of these lands can significantly affect the future quality and

6 quantity available.” Thus, municipal land preservation and regulatory initiatives focused on preserving headwaters, upland forests and stream corridors are critical for water resource protection from both a local and a regional perspective.

The conservation and protection strategies discussed below are consistent with the goals set forth in the NJ SDRP and with regional watershed management initiatives. The Township has been actively engaged with the County and State in its Smart Growth Planning initiatives. Tewksbury has also participated, along with many other stakeholders, in the Raritan Basin Watershed Management Project (WMA 8). (See Raritan Basin Watershed Management Summary, 2003).

4.2.4.1 Groundwater

Groundwater protection is vital to maintaining adequate water supplies and stream health within Tewksbury Township and throughout the Raritan River Basin downstream. Tewksbury residents are dependent on groundwater for their drinking water supply, which is drawn from individual or community wells. Groundwater also provides the initial surface water flow for headwater areas within the Township that contribute to regional water supplies.

Carrying Capacity

The Hydrogeologist’s Report, referred to in the Background Studies indicates that Tewksbury may be reaching full utilization of its groundwater resources, and highlights the need to implement capacity based planning to ensure adequate and sustainable water supplies. Increases in population density will impact groundwater consumption, as well as recharge, stream flow, and water purity.

Impervious Cover

Development and impervious cover also inhibit or prevent groundwater recharge.

Within the second largest hydrogeologic zone, the Triassic-Jurassic Passaic Formation Zone, which encompasses approximately 16.5 percent of the Township, the dependable yield ranges from 117,235 to 272,052 gpd. A population ranging from 1172 to 2721 could be sustained

7 on the groundwater resources of this zone without causing adverse impacts. Within the 3353-acre Triassic-Jurassic Passaic Formation Zone, the number of dwelling units that could be sustained ranges from 434 to 1008 with a resulting dwelling unit density of 0.13 to 0.30 units per acre.

B. The Proposal

8. The Crossroads At Oldwick Homeowner’s Association, Inc. seeks to install an underground irrigation system for the landscaped areas and the front, side and back yards for 70 of the townhouse units. The other five units have installed above ground systems.

9. The Land Use Board finds the five above ground systems are contrary to the intent of condition 4.4 in Resolution #01-12, but was not consulted by the construction official who issued the permits.

10. The justification for the underground irrigation system is that some residents find it difficult to use hoses and sprinklers to water their small lawn areas and the desire for uniform and greener grass areas.

C. Water Usage

11. Adam Stern PE testified that the 75 townhouses in the Crossroads at Oldwick used 15,000 gallons of water a day in the winter and 22,400 gallons a day in the summer. The summer figure included lawn irrigation and washing cars.

12. The Crossroads at Oldwick has a water allocation permit from the

NJDEP for 50,000 gallons a day.

13. Matt O’Neal, who specializes in large sprinkler systems, testified that an underground system would utilize an average of 20,193 gallons per day from

April through September. The system would not operate when there was sufficient moisture in the soil. An above ground system for the complex would utilize 26,170 gallons a day.

8 14. Land Use Board Engineer Melanie Reese PE in her August 9, 2007 report in Point 5 noted:

5. The Board has requested the following information that our records indicate have not yet been provided by the applicant to the Board for their consideration of the application:

a. Evidence of lawns that have needed to be replaced as a result of insufficient watering;

b. Evidence of shrubbery that has needed to be replaced as a result of insufficient watering. This should include the name of the species removed and the name of the species being installed as the Township Planner, Carl Hintz, has indicated the vegetation selected and originally approved by the Board for installation in the community were dry tolerant species which should not require extensive watering;

c. Copies of the applications and associated documentation submitted for the NJDEP Permit and the NJDEP Permit to ascertain whether there are any limitations for domestic use (human consumption), irrigation, etc.;

d. Information regarding the before and after water consumption associated with the five residential units that have installed above ground sprinkler systems;

e. Additional detail regarding the control of the system to ensure it would be maintained and operated properly. The applicant has indicted that the maintenance/monitoring schedule requested by the Township Planner, Carl Hintz, will be provided, if the applicant’s request is approved; and

f. Information on the rotator heads and information regarding the replacement aspect of the system over time as requested by the Township Planner, Carl Hintz.

15. The Board has not received adequate evidence regarding the requested items in 5a, b, c, and d.

As to 5a, there was no evidence as to the lawns which had to be replaced.

9 As to 5b, there was no evidence as to the specific landscaping which had to be replaced.

As to 5c, the requested documentation was not submitted to either the

Land Use Administrator or the Land Use Board Engineer.

As to 5d, the applicant provided no testimony on the water consumption of the five residences units with above ground sprinklers.

Evaluation of Application

16. The applicant, Crossroads at Oldwick Homeowner’s Association,

Inc., cannot challenge the conditions in Resolution #01-12 which was approved on

October 3,2001. The residents acquired their units subject to the conditions of approval.

Furthermore, the restrictions on underground sprinklers was contained in the homeowner’s documents. The time for appeals has long passed. Rule 4:69-6(b)(3).

17. Township Planner and Landscape Architect Carl Hintz, PP,CLA in his report of April 27, 2007 suggested mitigation measures:

Reduce the amount of lawn areas by converting some of them to native upland meadow mix. There are a variety of native grasses, some with wildflowers in the mix, that can be used to replace the turf areas. This can result in less mowing (requiring only once or twice a year). There are a number of areas that could be transitional to natural wooded areas resulting in less maintenance and not have to be irrigated.

Most of the foundation plantings are dry tolerant shrubs such as Junipers, Spiraea, etc. These areas should require minimal drip irrigation, if any.

The island at the eastern end of the property should probably not require any irrigation.

18. Board members suggested that the rear lawns not be sprinklered.

19. Board members suggested that the applicant utilize rain water in its irrigation system, as has another subdivision in Tewksbury Township. 20.

10 The applicant rejected the mitigation measures suggested by the Board and its professionals and insisted it was entitled to utilize 50,000 gallons per day.

21. While the underground system was recommended as using less water than a unified above ground system for the 70 units, the applicant refused to provide water usage for the existing five individual above ground systems. Mr. O’Neal could not provide a water usage figure for solitary above ground systems or for individuals using hoses and sprinklers.

22. In order to modify a condition, the applicant must show a change in circumstances or good cause. Cohen v. Fair Lawn 85 N.J. Super. 234, 237 (App. Div.

1964).

23. The applicant has not shown a change in circumstances that would justify the requested relief. The critical change in circumstances are the background study and the Master Plan which noted the limitation of potable water for Tewksbury

Township. The headwater for the Raritan River is located in Tewksbury Township. The

Crossroads, with a density of almost one unit per acre, already uses more potable water than the recommended density in the Master Plan of 0.13 to 0.30 units per acre for its subsurface formation.

24. The desire for an automatic system providing uniform and greener lawns does not justify the promiscuous use of water.

NOW, THEREFORE be it resolved by the Land Use Board of the

Township of Tewksbury on this third day of October 2007 that the application of

CROSSROADS AT OLDWICK HOMEOWNER’S ASSOCIATION, INC. be denied.

Roll Call Vote:

Those in Favor: Mayor Van Doren, Mr. Mackie, Ms. Devlin, Mr. Kerwin, Mr. Moriarty and Mr. Johnstone.

Those Opposed: None

11  Resolution No. 07-13 – Application No. 07-13, Lynn and Perry Hall, Block 27, Lot 103.01, approval of variance application.

Mr. Johnstone announced Resolution No. 07-13, Application No. 07-13, Lynn and Perry Hall, Block 27, Lot 103.01, approval of variance application. He asked the Board if there were any questions or comments regarding Resolution No. 07-13 to which the response was negative. Therefore, he asked the Board for a motion in which Ms. Devlin made a motion to adopt Resolution No. 07-13 and Mr. Kerwin seconded that motion. The motion carried by the following roll call vote:

LAND USE BOARD

TOWNSHIP OF TEWKSBURY

APPLICATION #-07-13

RESOLUTION #07-13

WHEREAS, LYNN and PERRY HALL have applied to the Land Use Board of the Township of Tewksbury for permission to install an inground swimming pool and a barn/garage on their property which is located off of Hill & Dale Road and designated as Block 27, Lot 103.01 on the Tewksbury Township Tax Map, which premises is located in HL(Highlands) Zone, and

WHEREAS, the application was presented by LYNN and PERRY HALL and their architect Edward O’Brien, RA at the September 5, 2007 Land Use Board meeting, and

WHEREAS, the Board, after considering the evidence presented by the applicants, a neighbor, and the Land Use Board consultants, has made the following factual findings:

A. The Subject Property

1. The subject property contains 17.994 acres.

2. The subject property lacks road frontage. Access is provided by an access easement to Hill & Dale Road.

12 3. The subject property is developed with a single family residence, two one and a half story barns, and two sheds.

4. The applicants obtained a permit to construct an addition to the existing residence in 2001.

B. The Proposal

5. The applicants propose to construct an in-ground swimming pool with a patio and spa.

6. The applicants also propose to construct a barn with a garage on the lower level.

7. The applicants testified that the barn would be used for parties.

8. The Board finds that the barn would have a number of attributes of an apartment or dwelling unit:

 Including the covered porch, the first floor would be 37 feet by 57

feet, or 2,109 square feet.

 There would be a kitchen with a sink, cabinets and a refrigerator.

The Board was advised that a subsequent application would be

made for the installation of a stove in the kitchen.

 Large rooms which could accommodate a number of guests.

 Two bathrooms.

 Rooms which could serve as bedrooms.

 A fireplace.

 A garage.

 The barn would be insulated and would have heating and air

conditioning.

 The driveway would be expanded to the garage.

13 8. The applicants have provided Land Use Board Engineer Melanie

Reese, PE with a storm water management plan which captures all the surface water associated with the proposed improvements.

C. The Requested Variance

9. The applicants require a planning variance under N.J.S.A. 40:55D-

36 for the construction of structures on a lot not having direct access to an approved, improved public street. The statute provides:

Where the enforcement of section 26 of P.L. 1975, c. 291 (C. 40:55D-35) would entail practical difficulty or unnecessary hardship, or where the circumstances of the case do not require the building or structure to be related to a street, the board of adjustment may upon application or appeal, vary the application of section 26 of P.L. 1975, c. 291 (C. 40:55D-35).and direct the issuance of a permit subject to conditions that will provide adequate access for firefighting equipment, ambulances and other emergency vehicles necessary for the protection of health and safety and that will protect any future street layout shown on the official map or on a general circulation plan element of the municipal master plan pursuant to paragraph (4) of subsection b. of section 19 of P.L. 1975, c. 291 (C.40:55D- 28.)

10. The Board finds a practical difficulty and undue hardship associated with the preclusion on new construction on the applicants’ oversized lot of

17.994 acres, while the zoning ordinance requires a minimum lot size of 12 acres in the

HL Zone. The proposed construction would meet the dimensional and lot coverage requirements of the zone.

11. Engineer Reese found access was appropriate for emergency service, provided that the driveway was trimmed of vegetation for a minimum width of twelve feet in order to provide safe access for emergency vehicles.

NOW, THEREFORE be it resolved by the Land Use Board of the

Township of Tewksbury on this 3rd day of October 2007 that the application of LYNN and PERRY HALL be approved, in accordance with a plan titled: “Pool & Barn Plan, Tax

14 Map Lot 103.01 Block 27, Township of Tewksbury, Hunterdon County, New Jersey” prepared by Parker Engineering & Surveying P.C. on June 11, 2007 consisting of two sheets, subject, however, to the following conditions:

1. The Land Use Board Members have concerns that the applicants are building a structure which is an apartment or dwelling unit. Because that issue was not before the Board, it is left in the hands of Zoning Officer Randall Benson. If Mr.

Benson finds that the barn/garage is an apartment or dwelling unit, then no permit shall be issued for the barn/garage, as the Tewksbury Zoning Ordinance does not permit two residences on a single lot(with exceptions for farm workers which are not relevant to the present application).

2. The applicants shall arrange to have the entire length of the easement trimmed of vegetation to a minimum width of twelve feet in order to provide adequate access for emergency vehicles.

3. Access is subject to the approval of the ___Fire Company.

4. The within approval must be utilized within one year from the date of this memorialization resolution or the variance shall be void and have no further effect.

5. The applicants shall comply with all rules, regulations, ordinances and statutes of the Federal, State, County and local municipal governments that may apply to the premises. The applicants shall submit a letter to the Land Use

Administrator certifying compliance with the aforementioned rules, regulations, ordinances and statutes.

6. This resolution and the issuance of a certificate of occupancy hereunder is conditioned upon the applicants paying all escrow fees and real estate taxes.

7. The applicants shall obtain all necessary pool permits.

15 8. Before obtaining a building permit, the applicants must submit and receive approval from the Township Engineer for a grading and surface water management plan which shall capture all surface water associated with the barn/garage, the pool, and the impervious coverage surrounding the pool (5,763 square feet) and the surface water associated with the driveway extension(2,450 square feet). The plan is to eliminate the runoff caused by the additional 8,213 square feet of impervious area.

9. The applicants shall file a deed restriction to the approval of the

Land Use Board Engineer and the Land Use Board Attorney requiring:

a. The continued maintenance of the grading and surface water management plan required in condition 8 herein.

b. The continued trimming of the vegetation along the easement to a minimum width of 12 feet in order to provide adequate access for emergency vehicles required in condition 2 herein.

10. Conditions recommended by Land Use Board Engineer Melanie

Reese, P.E. in her report of August 15, 2007:

2. The notation for the trench drain on Sheet 2 should be revised to indicate the trench detail is on Sheet 2, not Sheet 1. 3. Sheet 2 should be clarified to indicate that the roof leaders connect directly to the drywells and not enter into the curtain drain prior to the drywells.

Roll Call Vote:

Those in Favor: Mr. Mackie, Ms. Devlin, Mr. Moriarty, Mr. Kerwin, Mr. Shapack and Mr. Johnstone.

Those Opposed: None

COMPLETENESS HEARING/WAIVER DETERMINATION  Application No. 07-19 Minor Subdivision & Variance Application Hill & Dale Farms, Inc. Block 38, Lots 1 & 17

16 Mr. Johnstone announced the completeness hearing/waiver determination for Application No. 07-19, Minor Subdivision and Variance Application for Hill and Dale Farms, Inc., Block 38, Lots 1 & 17. Mr. Michael Rothpletz, applicant, stated that the subject property is Block 38, Lots 1 and 17 which total approximately 200 acres. He stated that there is a 6 acre lot and the balance of the property is 200 acres. He explained that they wanted to take the two existing lots and create three lots which would consist of a 30 acre lot, 124 acre lot and a 50 acre lot. He stated that the 30 acre piece could be seen from Rockaway Road. He stated that the two large lots would be accessed from the existing farm road that intersects Hill and Dale Road. Mr. Mennen and Mayor Van Doren recused themselves as the application included a use variance. Both Mr. Mennen and Mayor Van Doren left the meeting at 8:40 p.m. Mr. Rothpletz stated that they were bifurcating the application and would apply for the use variance first. He added that if the use variance were denied they would then proceed with a conforming application. He explained that there were two small residences on the proposed 30 acre lot which consists of a 2 bedroom house and small cottage. He added that because the lot they’re located on is being diminished in size it requires a use variance.

Mr. Johnstone asked the Board if there were any questions to which the response was positive. Mr. Blangiforti asked what the specific use was to which Mr. Rothpletz responded that the two dwellings were pre-existing non-conforming, however, by changing the lot size from 200 acres to 30 acres they would need a use variance to continue use of both cottages. Ms. Devlin asked if the new lot would impede upon the 6 acre lot to which Mr. Rothpletz responded in the negative and added that the lot would be shared by the proposed 30 acre parcel and 124 acre parcel. Referring to Ms. Reese’s report dated September 26, 2007, Mr. Rothpletz stated that they were requesting a waiver from item #29 as they would like for it to be a condition of approval. Referring to item #54, Mr. Rothpletz stated that he didn’t believe providing the information was necessary as both buildings were existing and there were no proposed changes to the structures. Referring to item #55, Mr. Rothpletz stated they were requesting the waiver as they were not constructing anything related to the use variance. Referring to item #59, Mr. Rothpletz stated that Ms. Reese suggested providing testimony which they would do at the time of the public hearing. Mr. Johnstone asked if there would be any additional lighting to which Mr. Rothpletz responded in the negative. Referring to item #72 of Ms. Reese’s report, Mr. Rothpletz stated that there would be no new wells on the proposed 30 acre lot. Referring to item #74, Mr. Rothpletz stated that the requirement for underground storage tanks was added to Section 516. He further stated that there was a great cost to install a 30,000 gallon tank as he thought the requirement was triggered by the use variance. He added that there was no proposed construction to the existing cottages on the lot; therefore, he didn’t feel that the tank would need to be required.

Mr. Johnstone asked the Board if there were any questions or comments to which the response was positive. Mr. Mackie asked if there was an underground fire tank currently on the property to which Mr. Rothpletz responded in the negative. Mr. Rothpletz added that the Rockaway Creek was close by and there is a pond located on the property. Mr. Rothpletz stated that they previously installed a fire tank on another

17 property in the Township and the cost was extremely high. Mr. Johnstone asked if the fire company reviewed the application to which Ms. McCarthy responded that once the application was deemed complete it would be forwarded to the fire company for their review and comment. Mr. Kerwin asked Mr. Rothpletz what the reason was for the subdivision to which he responded that they wanted to transfer the 30 acre piece, where all of the equestrian activities take place, to a separate entity in order to separate those activities from the rest of the properties. He added that the additional lot may be used in the future for a family member. Mr. Moriarty asked if the 200 acre lot was presently one lot to which Mr. Rothpletz responded that there currently is a 202.1 acre lot and a 6.2 acre lot. Mr. Mackie expressed concern regarding waiving the requirement for an underground storage tank if the fire company deemed it necessary to which Mr. Johnstone responded that the Board could make it a condition of approval. Mr. Moriarty asked if the bungalow would be discontinued if they withdrew the variance to which Mr. Rothpletz responded in the positive. Ms. Devlin asked if they could ask for modifications to the existing lighting at the time of the public hearing to which Mr. Johnstone responded in the positive.

Mr. Johnstone asked the Board if there were any further questions or comments to which the response was negative. Therefore, he opened up questions to the public. There being no response, he closed the public portion of the session.

Mr. Johnstone asked the Board if there were any further questions or comment to which the response was negative. Therefore, he asked the Board for a motion in which Mr. Moriarty made a motion to deem Application No. 07-19 administratively complete and Ms. Desiderio seconded that motion. The motion carried by the following roll call vote:

Roll Call Vote:

Those in Favor: Ms. Desiderio, Ms. Devlin, Mr. Blangiforti, Mr. Mackie, Mr. Bossert, Mr. Moriarty, Mr. Kerwin, Mr. Shapack and Mr. Johnstone.

Those Opposed None

He asked Ms. McCarthy when the next available agenda was to which she responded that the December 5th agenda was available. She further added that the Board could have a special meeting on the 28th of November as well. Mr. Johnstone asked Mr. Rothpletz how many witnesses he intended on presenting to which he responded that he would have three witnesses and should be done in two meetings at the most. Mr. Johnstone asked the Board if they had any issue with having a special meeting on November 28th, beginning at 7:00PM to which the response was negative. Mr. Johnstone stated that the Board would have a special meeting on November 28th beginning at 7:00PM for the Hill and Dale application. Ms. McCarthy stated that she would notice for the special meeting date/time.

18 Mr. Mennen and Mayor Van Doren returned to the meeting at 9:00 p.m.

LAND USE BOARD DISCUSSION ITEMS  Discussion regarding a memo dated September 28, 2007 from the Agricultural Advisory Committee to the Land Use Board regarding an updated Farmland Preservation Plan.

Mr. Johnstone announced a discussion regarding a memo dated September 28, 2007 from the Agricultural Advisory Committee to the Land Use Board regarding an updated Farmland Preservation Plan. Mayor Van Doren stated that the Agricultural Advisory Committee is able to receive money from the Garden State Preservation Trust Fund. He further stated that the State has adopted new rules which mandate that a new/updated Farmland Preservation Plan. He stated that the Agricultural Advisory Committee was requesting support from the Board to update the Farmland Preservation Plan as well as have Mr. Hintz prepare the document. He added that the State would accept a draft plan by December 15th. He noted that without the updated plan they are ineligible for future monies. He stated that they have no pending farmers/landowners waiting however there may be some by December. He stated that the Township is planning to close all preservation applications by June 30th. He stated that the State has offered to review the current plan and inform the Township of the deficiencies in order for them to revise the Farmland Preservation Plan. He stated that the Board would need to have a meeting in order to review a draft Farmland Preservation Plan. Mr. Johnstone asked Mayor Van Doren when he wanted to have a meeting to review a draft Farmland Preservation Plan to which he responded that he would like to have a meeting on November 7th. Ms. McCarthy stated that Cingular was on the agenda that evening, however, the Board could meet earlier if they chose. Mr. Mackie asked Mayor Van Doren if he was confident that they would receive the State’s review prior to the deadline to which he responded in the negative and added that was why they would like Mr. Hintz to draft the plan and move forward. Mr. Johnstone asked the Board if there were any further questions or comments to which the response was negative. Therefore, he asked the Board for a motion in which Ms. Devlin made a motion to authorize Mr. Hintz to prepare a revised Farmland Preservation Plan and Ms. Desiderio seconded that motion. The motion carried by the following roll call vote:

Roll Call Vote:

Those in Favor: Mr. Mennen, Ms. Desiderio, Mayor Van Doren, Ms. Devlin, Mr. Blangiforti, Mr. Mackie, Mr. Bossert, Mr. Moriarty and Mr. Johnstone.

Those Opposed: None

ADJOURNMENT There being no further business, the meeting was adjourned at 9:30 p.m. by motion of Mayor Van Doren and Ms. Desiderio seconded the motion. All were in favor.

19 Respectfully Submitted, Bonnie L. McCarthy Land Use Clerk