EAST AMWELL PLANNING BOARD MINUTES

CALL TO ORDER, ATTENDANCE AND PLEDGE OF ALLEGIANCE

This meeting of the East Amwell Planning Board was opened on March 30, 2007 at 10:00 AM. The following notice was read: “In compliance with the Open Public Meetings Act, this is a special meeting pursuant to the notice as published in the March 20, 2007 issue of the Trenton Times, a copy of the agenda for this meeting was forwarded to the Newspaper, filed in the Township Clerk’s Office and posted on the bulletin board on March 28, 2007.”

Present: Emmerson Bowes

Gail Glashoff

Micheal Weis

Fred Gardner - Vice Chairman

Linda Lenox

Excused: Bela Kamensky

Dart Sageser

Don Reilly

Larry Tatsch

Philip Ward

Joe Wolfgang

Present for this application was Pete Crisafulli, his son Kenneth (Kit) Crisafulli and their Engineer/Land Surveyor Stephen D. Ombalski of Tectonic.

Vice Chairman Fred Gardner swore in the applicants and their Engineer. Engineer O’Neal reviewed the checklist items for completeness. He referred to his memo dated 2/26/07, a copy of which is attached. The following list of waivers were requested, all of which Mr. O’Neal commented were “reasonable:”

A waiver from the Environmental Impact Statement

Drawing to scale

Certification from the Board of Health - It was noted the applicant had received Township Board of Health approval at their meeting on March 21, 2007.

Waiver from the reported addresses and names of all partners because there are none.

Improvement Statement

Delineation of any slope of 12% or greater

Driveway location showing high banks

Location of existing features

Location of lands recommended for protection

Any area reserved or dedicated for public use

Percolation test and soil locations

Corner lots must be “flagged” for site walk purposes

Proposals for soil erosion and sediment control

Plans for proposed improvements and utility layouts

Proof of application to the NJDEP for consistency determination

Engineer O’Neal stated he had no objection to the Board granting the above requested waivers. He commented that in his memo he suggested that the applicant should either submit the following information or request a waiver: 26 copies of protective covenants, easements or restrictions. Engineer O’Neal stated the owner’s certification needs to be on the plan and noted that on this particular application, the Board should consider making this a condition of approval. It was determined that Mr. Crisafulli will sign the original plan and Tectonic can make the additional copies.

Engineer O’Neal addressed the issue of the location of the monuments, noting the ordinance required additional monuments be shown. It was determined that Engineer O’Neal and the applicant’s Engineer will work out the placement of the monuments.

Regarding the NJDEP Letter of Interpretation (LOI), Engineer O’Neal noted the current letter the Crisafulli’s have expired in November of 2006. The checklist requires a current LOI. In the past the Board has accepted a letter from a certified soil consultant in lieu of an LOI. Engineer O’Neal stated, “It’s very important that the applicant understands that regardless of what waivers we grant, or don’t grant, if they do a regulated activity without the correct permit, the applicant will be responsible, not the Board...I bring this up because it’s a checklist item and because the barn is shown to be on the wetlands buffer line.” Mr. Crisafulli responded, “Actually to the buffer line is 30 ft. What happens is if you look from the corner...the Northeast corner of the barn to the buffer line–and it’s noted on the map, it’s 188 ft. from that pad.” Engineer Ombalski stated, “...because I wasn’t sure what the building dimension was going to be, so we’re showing the line from the one corner of the slab to the edge of the wetlands line, is 188 ft. the barn that he is proposing is 155 ft.” Since this is not clearly shown on the plan, it was determined that a new plan will be submitted showing the edge of the barn with it’s dimension off of the buffer line. Mr. Crisafulli noted the existing concrete pad will not be touched and the new proposed barn will be placed on it.

Regarding deed restrictions on the checklist, Engineer O’Neal noted they should be a condition of approval.

A motion by Gail Glashoff, seconded by Linda Lenox to deem the application complete with the requested waivers was unanimously approved.

Roll Call Vote: Gail Glashoff: Yes, Linda Lenox: Yes, Emmerson Bowes: Yes, Micheal Weis: Yes, Fred Gardner: Yes.

Engineer Ombalski presented Exhibit A-1: A map with highlighted property lines depicting the existing property lines going through the barn and the proposed new lines. Mr. Crisafulli noted that the property has a conservation easement. At the time the Crisaulli’s bought the property, as a condition of sale, in writing, they granted NJ Conservation permission to access their property. Mr. Crisafulli defined the access as a “blanket access.” A copy of this documentation will be provided to the Board by Mr. Crisafulli.

Engineer Ombalski explained that when the conservation easement was done, they simply split the property with no regard for where structures were situated. He stated Mr. Crisafulli is trying to resolve the issues by moving the property line so that the barn no longer staddles both lots. Engineer O’Neal noted there is a 2 acre Residential Development Site Opportunity (RDSO) on Lot 2 and also a 3 acre non-severable exception on Lot 2.03. Engineer Ombalski suggested that Mr. Crisafulli may want to move the property line for the 2 acre RDSO in order to create a site with a better view. The Board stated that when Farmland Preservation is granted, the lines are fixed and this particular matter is not an issue the Planning Board can address.

Engineer Ombalski commented on Engineer O’Neal’s review memo stating they had no objections to any issues he raised, but they wished to discuss a few things. Engineer O’Neal stated, “So we are completely clear on the LOI, it is a checklist requirement that the Board has waived, and the applicant understands that there are serious consequences with the NJDEP if you do an activity in a regulated area and that a wetlands buffer is certainly a regulated area. That LOI was good for 5 years. It said, ‘here is the line’...that line could have moved. There is no guarantee now...so you are at your own risk.” Mr. Crisafulli said, “Yes, that is correct.”

Engineer O’Neal clarified that the applicant had no objection to granting any required easements for someone to get from the road to Lot 2 using an easement. The proper documentation will be submitted to the Attorney for review.

Engineer Ombalski will generate a letter to the Tax Assessor clarifying that the proposed lot numbers meet her approval.

There was some discussion on whether or not Mr. Crisafulli could proceed with the proposed project while the paperwork and conditions of approval were being finalized. Engineer O’Neal indicated that a signed plan/deed needed to be filed with the County which essentially creates the changed lot lines before anything can happen. Ms. Lenox suggested the possibility of Mr. Crisafulli posting a bond of some sort in order for him to be able to get going on building his barn since hay season is fast approaching. Mr. Weis and Ms. Glashoff thought this was a reasonable proposal. Engineer O’Neal indicated that the Zoning Officer may not legally be able to issue any zoning permit approvals without the official signed, filed, plan. The Board did note that Fred Gardner and Ms. Andrews will inform the Zoning Officer that the Planning Board has no problem with Mr. Crisafulli being able to go ahead and start building his barn while the technical issues and paperwork progresses.

OPEN TO THE PUBLIC

A motion by Michael Weis, seconded by Gail Glashoff to open to the public was unanimously approved. No “public” was present. A motion by Emmerson Bowes, seconded by Gail Glashoff to close to the public was unanimously approved.

Mr. Weis commented that the application supports farming and having young farmers coming into the Township is a wonderful thing. He said, “I totally support it.”

The Board reviewed the Resolution and made the following revisions: To include that both properties are currently owned by the applicant, to delete any reference to the applicant obtaining a current LOI and that the Engineer’s will determine the placement of monuments.

A motion by Gail Glashoff, seconded by Linda Lenox to approve the application with the conditions noted in the Resolution as revised, was unanimously approved.

A motion by Michael Weis, seconded by Gail Glashoff to adjourn was unanimously approved.

The meeting adjourned at 11:38 AM.

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Maria Andrews, Interim Planning Board Secretary