EAST AMWELL PLANNING BOARD MINUTES
September 12, 2007 at 7:30 PM East
Amwell Municipal Building
CALL TO ORDER, ATTENDANCE AND PLEDGE OF ALLEGIANCE
This meeting of the East
Amwell Planning Board was opened on September 12, 2007 at 7:30 PM. The
following notice was read, “In compliance with the Open Public Meetings Act,
this is a regularly scheduled meeting pursuant to the annual meeting notice as
published in the January 25, 2007 issue of the Hunterdon County Democrat, a
copy of the agenda for this meeting was forwarded to the Hunterdon County
Democrat, filed in the Township Clerk’s Office and posted on the bulletin board
on September 5, 2007.”
Present: Fred Gardner
Bela
Kamensky
Linda
Lenox
Don
Reilly, Chairman
Dart
Sageser
Larry
Tatsch
Michael
Weis
Joe
Wolfgang
Michael
Bolan, Planner
Christopher
Norman, Attorney
Dennis
O’Neal, Engineer
Excused: Emmerson Bowes
Gail
Glashoff
Phillip
Ward
Chairman Reilly opened to the
public for any comments on items not on the agenda. No one came forward. A
motion by Fred Gardner, seconded by Linda Lenox to close to the public was
unanimously approved.
A motion by Fred Gardner,
seconded by Linda Lenox to approve the minutes from 8/8/07 was approved with
Joe Wolfgang, Bela Kamensky and Don Reilly abstaining. Mr. Gardner commented
that it would be nice to include the Professionals who were present at the
meetings when listing the Board members names.
NEW BUSINESS - OTHER
MidAtlantic Equine Center – Block 8 Lot 26.01 – 40 Frontage Road: Completeness
Determination
Present for the hearing was
the applicants Planner Jim Ceglia and their Attorney William Connelly. Engineer
O’Neal commented that the Board normally doesn’t make completeness determinations
in this manner, but since the applicant requested it, the Board is honoring
their request. Mr. O’Neal reviewed his completeness memo dated 9/12/07, a copy
of which is attached. The Board discussed each item addressed in Mr. O’Neal’s
memo and determined that for completeness/submission purposes, the following
items could be waived:
Checklist items 4 & 20,
regarding the Environmental Impact Statement, Attorney Connelly noted that they
had a report stating the proposed addition will not impact the wetlands on the
property, checklist item 21 regarding the municipal services and utilities
impact statement, checklist item 23 regarding the traffic impact statement,
checklist item 28(v) regarding site triangles for the driveways and checklist
item
East Amwell Township Planning Board Minutes –
September 12, 2007
33 regarding evidence that
the applicant has requested an LOI (Letter of Interpretation) from NJDEP. With
regard to checklist item 33, the Board noted that additional information may be
requested as the public hearing progresses.
A motion by Michael Weis,
seconded by Fred Gardner to deem the application complete with the submission
waivers noted above was unanimously approved.
The Board then addressed the
escrow issue brought up by the applicant. According to the Ordinance, an escrow
fee of $1000.00 per acre is required. The Equine Center site has 11 acres which
would require an $11,000.00 escrow. The applicant requested a partial waiver of
this fee because they believed the $11,000.00 was a rather large sum and would
probably not be fully utilized. The applicant requested that they be allowed to
post $5000.00 escrow at this time.
Chairman Reilly expressed a
concern that any applicant could make a similar argument that the applicant was
making to the Board. Planner Bolan commented, “I think what distinguishes this
application is that it’s really an addition of a site plan and it’s also a site
plan in a zone where the coverage is very low. That standard is set because
you’re thinking about one of your office or commercial zones where you might
have 40% or 50% coverage, there will be a lot more work involved...but this is
kind of unique, it’s the conditional use that triggers the need for the site
plan, so that the extent of the improvements relative to the total acreage is
the distinction.” It was noted that both Planner Bolan and Attorney Norman did
not think this was an unreasonable request. Both Mr. Tatsch and Mr. Weis agreed
that using the principle of the extent of the proposed project compared to the
land size is a reasonable guideline for any future requests.
A motion by Fred Gardner,
seconded by Dart Sageser to accept the $5000.00 escrow fee was approved with
Chairman Reilly opposing.
Motion – Approve Resolution: Estate of Lillian Kanach
– Minor Subdivision: Block 21 Lots
11.01 & 12
A motion by Linda Lenox,
seconded by Fred Gardner to approve the Resolution was approved.
Roll Call Vote:
Fred Gardner: Yes, Linda Lenox: Yes, Dart Sageser: Yes, Larry Tatsch: Yes,
Michael Weis: Yes
Public Hearing – Re-approval of the Pantel/Gordeuk
Minor Subdivision
Present for this application
was the applicant Richard Pantel and his Attorney Gary Rosensweig. Mr. Pantel was sworn in and proof of
noticing was confirmed. Attorney Rosensweig explained that the applicant is
requesting re-approval of the minor subdivision that was approved in November
2006. The conditions of the original approval were not addressed in a timely
fashion because Mr. Rosensweig stated, “...Life catches up with you sometime.”
Chairman Reilly commented
that this situation was unusual. Attorney Norman explained that minor
subdivisions do expire and there really is no provision for granting an
extension, the Board essentially has to re-approve it. Planner Bolan pointed
out that in a 9/5/07 letter from Attorney Hirsch (a colleague of Mr. Rosensweig’s)
she asks for a change in the conditions that were previously approved. Attorney
Norman explained that at the time of the original approval there was a 15’
easement in question. Mr. Pantel further explained that the 15’ easement
extends between lot 2 to the east and lot 9 that has no frontage. Both lots are
currently owned by Fred Rynearson. He had obtained the easement from the
Gordeuk family so that he could continue to farm lot 9. If the easement is
extinguished, Mr. Rynearson will be left with a piece of
East Amwell Township Planning Board Minutes –
September 12, 2007
landlocked property that he
can’t access. Therefore, the re-approval of the minor subdivision includes a
change in the original conditions of approval, to allow this easement to remain
in tact.
Engineer O’Neal stated that
he did not do a review memo on this re-approval because Mr. Pantel did not
provide a revised plan until this evening. Engineer O’Neal wanted the Board to
fully understand that Mr. Pantel was requesting a re-approval and for the Board
to sign off on his site plan this evening so Mr. Pantel could file the deeds
with the County in the morning and close on the property in the afternoon. Engineer
O’Neal stated that if the Board intended to re-approve the minor subdivision,
he needed to excuse himself and go in the other room to thoroughly review what
was now being submitted, prior to anyone signing off on anything.
Engineer O’Neal wanted the
Board to understand the entirety of the application. He explained, “We really had
two approvals going at once. We had the minor subdivision which is in front of
us now and we also had a major subdivision which is not in front of us now, but
related to this—it dealt with the same property. That major subdivision had an
approval on it, and the plans that we have show that the major subdivision—when
that is perfected, as it stands right now, will subdivide the farm lot off and
create the building lots with the cul-de-sac, but when this gets filed
tomorrow, the farm won’t be part of that lot so that application is going to
have to be revised somehow. The farm will not be a subject of the subdivision
any longer.” Attorney Rosensweig said, “I think we can amend the final plot and
just submit to reflect the action that you’re taking on the minor.” Attorney
Norman commented, “Do it on the plan that references the minor subdivision
being formerly part of the overall tract at the time it was approved under the
open lands ratio.” Everyone agreed that this “notation” will be made according
to Engineer O’Neal’s specifications.
The Board agreed to adjourn
the public hearing while Engineer O’Neal reviewed the plans. It was the
consensus of the Board to continue on with the agenda and resume the public
hearing when Engineer O’Neal returned to the meeting.
The Pantel/Gordeuk hearing
adjourned at this time, 8:15 PM.
Discussion – Proposed Run-in Shed Ordinance
The Board was provided with a
final draft of the proposed run-in shed ordinance based on comments made at the
last meeting. A motion by Linda Lenox, seconded by Fred Gardner to move the
proposed ordinance to the Township Committee for their review and adoption was
unanimously approved. It was noted the proposed ordinance is consistent with
the master plan.
Roll Call Vote:
Linda Lenox: Yes, Fred Gardner: Yes, Bela Kamensky: Yes, Don Reilly: Yes, Dart
Sageser: Yes, Larry Tatsch: Yes, Michael Weis: Yes, Joe Wolfgang: Yes
Discussion – Land Use Along Route 31: Status of the
Subcommittee
Chairman Reilly noted that
the subcommittee has not met yet, but will do so prior to the next meeting at
which time an update will be provided.
Discussion – The Benefits of Providing Zoning
Information to Prospective Real Estate Buyers in East Amwell Township
Since the Township has unique
and environmentally sensitive areas such as the Sourland Mountains, both Mr.
Weis and Mr. Tatsch have expressed concern about the thoughts people moving
into the Township may have regarding what they can do on their land. A specific
example was the recent clear cutting that has taken place on some properties in
the Sourland Mountains. After some discussion, it was decided that
East Amwell Township Planning Board Minutes –
September 12, 2007
a general mailing should be
sent to all licensed realtors in the area regarding the zoning in the Sourland
Mountain. Attorney Norman suggested the Township adopt an Ordinance. He stated,
“Every time you re-sell a house it has to go through a building inspection.
There are local ordinance requirements and hoops you have to go through before
settlement and the title companies are aware of it and the lawyers are aware of
it...if you come up with something that says ‘anyone representing someone in
the buy or sale of property must provide this discloser form to any prospective
home purchaser’ then they would be aware of the zoning restrictions in the
Sourland Mountain.” The Ordinance would have to be done by the Township
Committee.
Mr. Weis will work on
drafting a letter to be sent to the local Realtors with input from Mr. Tatsch.
Attorney Norman will work on a draft ordinance to be sent to the Township
Committee.
Mr. Gardner commented that he
would like to see the Amwell Valley Agriculture District included in this
awareness program at some point in the future.
Discussion – Rescheduling of 11/14/07 meeting (League
Conference Conflict)
Due to the fact that the
Annual League of Municipalities Conference falls during the week of the Board’s
regularly scheduled meeting, and attendance may be an issue, a motion by Larry
Tatsch, seconded by Linda Lenox to reschedule the Board’s November meeting to
11/28/07 was approved with Michael Weis opposing.
ORAL REPORTS
Chairman Report: Chairman Reilly noted that Mr. Gardner had an issue he wanted to
discuss. Mr. Gardner explained that there is an unnamed stream that runs from
the Sourland Mountains under Wertsville Road and then joins the tributary that
run along Wertsville Road. Mr. Gardner suggested that since this particular
stream runs almost entirely on land owned by Bryce Thompson, he thought it may
be appropriate to call it “Thompson’s Brook” and questioned what the procedure
was for actually naming it. Attorney Norman commented that the Committee can
name streets so it would seem likely that they can name streams as well. Mr.
Tatsch suggested that Pat Cregar, the previous Municipal Clerk and Terri Stahl,
the current Municipal Clerk may know if there is an actual procedure for naming
a stream. Mr. Gardner said he would speak with Ms. Stahl and Planner Bolan will
do a little research to see if there is an actual stream naming procedure
documented anywhere.
FOSPC: Linda
Lenox noted that the Wielenta property closed. She also noted that the
Committee was in the process of doing a comprehensive agricultural plan
requested by the State, in order to continue to receive future funding.
Agricultural Advisory Committee: No report.
Environmental Commission: Dart Sageser commented that the Commission held a
brief meeting in August and discussed their success at the 4-H Fair.
SM Smart Growth Grant: Andrea Bonette was recognized by the Chairman, and
she informed the Board that a “Visioning Meeting” will be held at the municipal
building from 7 PM – 9 PM on 10/1/07.
Stormwater Committee: No report.
Chairman Reilly stated, “...it
is with great regret that I received a resignation letter from Emmerson
Bowes...we should certainly acknowledge Emmerson’s many years of service and he
was quite an advocate for the environment and kind of our conscience with
respect to that. There were times when Emmerson and I did not agree on certain specifics,
but I greatly respected and greatly appreciated and always listened with great
intent to his concerns. He had great influence on this Board in many, many
matters.”
East Amwell Township Planning Board Minutes –
September 12, 2007
A motion by Larry Tatsch,
seconded by Linda Lenox to accept Emmerson Bowes’ resignation with regret was
approved. Mr. Tatsch noted that the Township Committee will do a Resolution of
Appreciation for Emmerson’s dedicated service.
COAH: No
report.
PB Secreatry:
No report.
The Pantel/Gordeuk public
hearing resumed at this time, 9:03 PM.
Engineer O’Neal noted that he
reviewed the plans and he believes that they are “technically” correct. He
noted that “all other agency approvals” should be required as a condition of
approval in the Resolution which would address the required Hunterdon County
Planning Board approval which Engineer O’Neal doesn’t have at this time. After
some discussion, it was the determination of the Board and Attorney Norman that
no public policy matters were being breached by the Board signing off on the
plans due to the fact that County approval was still needed in order for the
plan to be filed and the subdivision perfected.
A motion by Linda Lenox,
seconded by Bela Kamensky to open to the public was unanimously approved.
Bernard Steenman of 20 Haines
Road came forward and asked for further clarification on the easement issue.
Mr. Pantel again, explained that the easement must stay in tact so that the
current owner of lot 9 has continued access to his land.
Andrea Bonette of 17 Ridge
Road came forward and said, “...I know Maria said there was a notice, but I
didn’t see one in the Democrat, so I’m just wondering where the notice was?”
Administrative Officer Andrews responded, “The Trenton Times.” Ms. Bonette then
stated, “There were a lot of these conditions, and I’m not real familiar with
all of this, I’m just wondering if all of the conditions have been met—I
understand there was a trash dump on the property—and is that cleaned up
already, or is that part of the conditions for future development?” Mr. Pantel
responded, “It is cleaned up.” Ms. Bonette continued, “And all of the easements
are filed such as the stormwater detention basin?...” Engineer O’Neal stated,
“...They will be filed when this map is filed, that we were discussing this
evening—those easements will also be created, simultaneously.” Ms. Bonette
asked, “Are there any other conditions that need to be met or is that what all
this discussion was tonight...?” Engineer O’Neal and Attorney Norman both stated
the only condition that wasn’t met was the access easement which was the
subject of earlier discussion.
Bernard Steenman of 20 Haines
Road came forward again and questioned the area being preserved. The Board
explained that the farm lot was still being preserved.
A motion by Larry Tatsch,
seconded by Linda Lenox to close to the public was unanimously approved.
A motion by Fred Gardner,
seconded by Larry Tatsch to grant re-ratification of the minor subdivision
application was unanimously approved.
Roll Call Vote:
Fred Gardner: Yes, Larry Tatsch: Yes, Bela Kamensky: Yes, Linda Lenox: Yes, Don
Reilly: Yes, Dart Sageser: Yes, Michael Weis: Yes, Joe Wolfgang: Yes
East Amwell Township Planning Board Minutes –
September 12, 2007
OPEN TO THE PUBLIC
Andrea Bonette came forward
and when asked to identify herself, she (jokingly)
stated, “Frances Gavigan” and then continued saying, “OK, I have just a couple
procedural questions: One is, I just was looking on the website for minutes and
I noticed the last set of minutes was from April...so I’m hoping more minutes
can be put on the website, that’s just a request. Next question is, every time
I ask a question about professionals or money or employees, everybody always
assumes I am attacking the work product of the employees and I would just like
to make it totally clear that this has nothing to do with anybody’s work
product—but I was just looking at tonight’s bill list and I see that Chris
Norman has attended a couple meetings at $600 a meeting and I don’t have any
problem with that, I don’t have any problem with Chris Norman’s work or his
Father’s work...but I’m just wondering whether some of this can be put in
escrow sometimes?” Attorney Norman replied, “You can’t charge for your time at
the meeting.” He clarified that any review and preparation done on behalf of
the application is billable to the escrows. Chairman Reilly addressed Ms.
Bonette saying, “Your point is well taken...we need to be diligent, and I think
we are with respect to trying to bill out our professionals where it belongs.”
Lastly, Ms. Bonette raised some questions regarding the Equine Center’s
impervious coverage and stormwater issues. Attorney Norman advised that the
technical aspects of this development application can not be discussed until
the public hearing. Ms. Bonette then brought up whether or not this application
should be for a use variance since there are currently two uses on the
property: The cell tower and the Equine Center business. Attorney Norman
advised that this matter also should be addressed at the public hearing. Ms.
Bonette then questioned whether or not the Equine Center had attempted to
purchase any neighboring property. Attorney Norman clarified that anytime there
is an undersized lot, land owners are required to try and purchase neighboring
property in an effort to conform to the ordinance requirements and eliminate
the need for variances.
A motion by Larry Tatsch,
seconded by Linda Lenox to close to the public was unanimously approved.
Planner Bolan, Attorney
Norman and Engineer O’Neal left the meeting at this time, 9:26 PM.
There was no discussion on
any of the correspondence items listed on the agenda.
PRESENTATIONS OF VOUCHERS
Chairman Reilly requested a
motion to pay the vouchers. Larry Tatsch made a motion to approve the vouchers
as listed on the agenda, several Board members simultaneously seconded it and
the motion was unanimously approved.
Chairman Reilly adjourned the
meeting at 9:27 PM.
_____________________________________________
Maria Andrews, Planning Board
Administrative Officer