EAST AMWELL BOARD OF HEALTH                                JUNE 17, 2008            1

 

The regular meeting of the Board of Health came to order at 7:30 p.m.  Present for this meeting were Tracy Carluccio, Tim Martin, Jim Russo, Larry Tatsch and David Wang-Iverson.  Tony Berberabe, Les Hamilton, Ted Peyrek and Michael Stanbro were absent.

 

In compliance with the Open Public Meeting Act this meeting was advertised as a regularly scheduled meeting in the January 24, 2008 issue of the Hunterdon County Democrat.  Notice of the meeting was sent to the applicants, filed with the Township Clerk, posted on the bulletin board, and sent to the Hunterdon County Democrat and Trenton Times on June 12, 2008.

 

ANNOUNCEMENTS/AGENDA

 

The secretary announced that there is an Addendum to the agenda, item 6.D.1. re:  Well Testing Protocol and item 5.B.2 has been postponed.  She added the following items to the agenda:  item 5.F.2. Note of June 16, 2008 from T. Stahl, Municipal Clerk re:  Comment on Larison Corner District WQMP.

 

PRESENTATION OF MINUTES

 

The minutes were approved with one correction by L. Tatsch, seconded by D. Wang-Iverson with T. Martin abstaining.

 

OPEN TO THE PUBLIC

 

Janelle Ditzel, 231 Wertsville Road identified herself for the record.  She explained to the Board that she is having difficulties with the tenant who lives on their property.  She explained the extent of her concerns regarding his actions concerning Board of Health issues. She told the Board that she has been working with D. Wyckoff and P. Enea of the Hunterdon County Department of Health regarding the tenant’s complaints.

 

The Board thanked J. Ditzel for bringing this situation to their attention and wished her well.             

 

There being not further comment from the public T. Martin motioned to close to the public, seconded by L. Tatsch and was passed by unanimous vote.            

 

UNFINISHED AND NEW BUSINESS

 

A.            HUNTERDON COUNTY DEPARTMENT OF HEALTH INSPECTOR’S REPORT.  Daniel Wyckoff, Hunterdon County Department of Health representative was present for this portion of the meeting.

 

            1.            MTBE VICINITY OF ROUTE 202/31 & ROUTE 514 OLD YORK ROAD – UPDATE.  D. Wyckoff distributed copies of the February 2008 NJDEP

EAST AMWELL BOARD OF HEALTH                                JUNE 17, 2008            2

 

Drinking Water Watch “Water System Detail Information” he downloaded from the NJDEP website for this site.  The document only had information regarding the effluent sample.  D. Wyckoff told the Board that he does not believe the well itself has been tested since August of 2006; that these results are for the treatment plant. 

 

T. Carluccio asked D. Wyckoff if he could talk to someone at NJDEP and ask them if DEP is requiring continued testing and if so where is that information posted. D. Wyckoff agreed to do so.

 

            2.            MESZAROS, LINDBERGH ROAD – UPDATE.  D. Wyckoff had nothing new to report.

 

            3.            DELLAPENTA, BLOCK 40.03 / LOT 7 – INCOMPLETE FILE NOTICE.  D. Wyckoff told the Board that the County has been going through incomplete files and writing to the property owner to get the information needed to close the file.

 

            4.            STAUSLEY, BLOCK 35 / LOT 33 – INCOMPLETE FILE NOTICE.  D. Wyckoff reported that this letter is a result of the file purge.

 

            5.            MYERS, BLOCK 23 / LOT 5.03 – INCOMPLETE FILE NOTICE.  D. Wyckoff reported that this letter is a result of the file purge.

 

            6.            ZAINITZER, BLOCK 40 / LOT 31 – INCOMPLETE FILE NOTICE.  D. Wyckoff reported that this letter is a result of the file purge. 

 

The Board thanked D. Wyckoff and the County for following-up on these open files.

 

            7.            OWENS, (a.k.a. WOODY’S) BLOCK 16 / LOT 11 – UPDATE.  D. Wyckoff reported that he did not have a chance to speak with the NJDEP representative who is monitoring this site.  He said that he believes the results are favorable but the County is waiting for DEP’s final decision.

 

            8.            STUART, BLOCK 21 / LOT 7 – SOLID WASTE COMPLAINT – UPDATE.  D. Wyckoff reported that he believed this complaint has been resolved but he has not been able to confirm that with the inspector.

 

            9.            WENGRYN, BLOCK 14 / LOT 24 – SOLID WASTE COMPLAINT – UPDATE.  D. Wyckoff said that he understands that this is a problematic site but the property owner still has time to complete the clean-up.

 

B.            PREVIEW COMMITTEE

 

 

EAST MWELL BOARD OF HEALTH                                JUNE 17, 2008            3

 

            1.            CLEMENTE, BLOCK 33 / LOT 12 – REQUEST FOR WAIVER FOR 2ND LIVING UNIT.  T. Carluccio commented that this is a request for a waiver for a second living unit.  There are several letters and plans that the Board received in their packets and the Preview Committee reviewed this request.  Rebecca Clemente owner of the property identified herself for the record.

 

T. Carluccio explained that the Board had sent Ms. Clemente a letter as a result of her attendance at the April 20th meeting requiring certain information and that information has been provided.  She commented that the letter from R. Clemente very clearly explains the various attachments and has a report from Bohren and Bohren regarding the septic system.  T. Carluccio said that basically the Bohren and Bohren report concludes that the system is sized appropriately to support two units.  A brief discussion followed.

 

T. Carluccio commented that there are three maps in the information supplied by R. Clemente.  The Board discussed the maps and the information contained on the maps.  It was determined that the information the Board needs is on one of the three maps.

 

T. Carluccio said that the last item that R. Clemente is asking that the Board waive the requirement for soil testing on the reserve area.  T. Carluccio remarked that there was a reserve area sized at 50%, a (20’ x 55’) reserve area shown on the septic system plans that were done in 1988.  On the soil test results for 1988 it shows there were two tests done, at the time that was all that was required, and there was no testing done on the reserve area.  The testing was done just for the primary field.  At that time the Board did not have the requirement in place that the testing be done for 100% reserve area so it was done according to the regulation in place in East Amwell at the time. Discussion followed.

 

At the conclusion of the discussion it was agreed that: the engineer certified the system could handle the two units; it is a large piece of property; the airfield will be decommissioned; soil tests for a reserve area will not be required because there is no alteration to the system.  It was also agreed that the system was oversized enough to allow this additional flow and the soil types in this general area all were appropriate if a reserve area were ever needed.

 

 L. Tatsch motioned to approve the change from a single family unit to a two family unit with the following conditions:

·        The map is to show the location of the wells on both adjoining property owners’ property;

·        Set back/separation distances are to be shown on site plan (map);

·        If there is an expansion, change of use or system failure (septic system malfunction) new soil tests are to be done for the new system and the new system shall be built according to East Amwell Code and New Jersey State Code (NJAC 7:9A) in force at the time.

The motion was seconded by T. Martin and carried by unanimous vote.

 

EAST AMWELL BOARD OF HEALTH                                JUNE 17, 2008            4

 

R. Clemente asked the Board if she needs to get the Engineers to do these map additions.  T. Carluccio responded yes, that it has to be certified by the engineer.

 

            2.            SILVA, BLOCK 8 / LOT 8 – SEPTIC SYSTEM ALTERATION – ALTERNATIVE SYSTEM.  T. Carluccio explained that this item has been taken off of the agenda until another date.

 

C.            SCIBILIA, BLOCK 11 / LOT 37.03 – SEPTIC SYSTEM.  T. Carluccio asked if there was anyone who wanted to come forward for this item.  She said that this is not on the agenda for action tonight.  She said that the property owner wanted to come and express his idea about how to deal with the septic system issue.  She explained that this has been before the Board at prior meetings because the septic system field is bisected by the property line.  The Board of Health allowed the change of use which was a farm market to an office building even though the property line did go through it.  Princeton Hydro created a new map that is in our files now and G. Scibilia is here to discuss his concept about how to deal with the issue. She told G. Scibilia that the Board had background documentation from what the other Boards in the Township are doing.  She said that a lot line adjustment, a subdivision, was going to have to eventually come before the Board in order to accomplish the final reimbursement for the Preservation of the farm. 

 

G. Scibilia told the Board that the system was designed by Heritage Consulting Engineers and it has 7 laterals.  He said it looks like three of them would fall on the wrong side of the lot line so he proposed in a letter to Judy Conard on May 18th that at his cost he would isolate those three laterals and move them to the other side of the bed to enlarge the bed to the original size.  He said if that was acceptable the Township could move forward with the agreement to have the rights transferred to the State. 

 

G. Scibilia said he built the system to the engineering specs so he is confident he could do his proposed renovation and put the certified fill in the bed.  He showed the Board the stamped original drawing of the lot and septic system.  He showed the Board his plan referring to the original drawing. He told the Board that he does not want to get engineering reports and soil tests again.  Discussion followed.

 

During the discussion it was noted that with G. Scibilia’s plan the lateral would be right up to the property line.  T. Carluccio responded that the Board would have to waive the Board’s set back from the property line.  She said that 10 feet is the minimum setback required by the State; she does not know that the Board would be allowed to waive the State minimum of the 10 foot set back.  She explained that the Board can waive East Amwell’s requirements but does not think the Board can waive a State requirement.

 

 

 

EAST AMWELL BOARD OF HEALTH                                JUNE 17, 2008            5

 

T. Carluccio commented that she researched NJAC 7:9A.  G. Scibilia said that when the Board can determine if this is allowed by the State he is willing to do this.  He will pay for the fill; but does not want to do a re-design and have to pay for professional services.   

 

She said that from her research of the State law this would be a change to an existing system which does require engineering plans from a certified engineer.  Also, it would need to be in conformance with or closer to NJAC 7:9A then the existing system.  G. Scibilia said that that “can of worms” he is not prepared to jump into.  T. Carluccio said that the Board needs to hear back from the State to see how this would be considered under State regulations.  She commented that the County has to review this proposal also.

 

L. Tatsch said that the Township would very much like to see this work but 99% of the Board’s requirements are simply a pass through of State Code and if the State were to say that we cannot allow that kind of alteration then the Board must comply.  G. Scibilia said that he wants this transfer done by the end of this year.  He said he fought it for 91/2 years; having to keep coming to different Boards, back and forth and it is very frustrating so he will do this modification but if it becomes burdensome on him and he has to put out more money for professionals and surveys on a perfectly well designed system he does not see how it is going to help us get there by the end of the year.  He said that he is willing to do his part.  T. Carluccio told G. Scibilia that the Board will let him know when the Board receives answers from the State and the County.

 

T. Carluccio thanked G. Scibilia for coming to the meeting.

 

D.            PANTEL/RYNEARSON, BLOCK 2 / PART OF LOT 2.  T. Carluccio commented that this is for discussion purposes only because the Board does not have an aquifer test protocol as required by East Amwell’s Water Supply Ordinance which also requires a nitrate dilution model; these have not been accomplished yet.  She explained that R. Pantel wanted to come before the Board to review the changes and the approval that he had received from the Planning Board.  She told the Board that she told R. Pantel that the Board would not take any action tonight. 

 

Richard Pantel, applicant and engineer for the applicant identified himself for the record.  T. Carluccio asked R. Pantel to review for the Board the changes he made to the subdivision.  She thinks it would be helpful for R. Pantel to go over the change in the lot configuration for the Board.

 

R. Pantel told the Board that in the original configuration he had proposed 10 lots, 7 of which came off of the proposed cul-de-sac, 3 of which obtained access off of Route 604.  He said the Planning Board asked him to remove one of the lots and to re-orient the two remaining lots that were on Route 604 so that they would also be fed from the cul-de-sac rather then off of Route 604.  A lengthy discussion followed.

 

 

EAST AMWELL BOARD OF HEALTH                                JUNE 17, 2008            6

 

T. Carluccio said R. Pantel will be coming back before the Board if he gets this approved at the Board of Adjustment.  R. Pantel suggested that the Board take a look at it now because there is really nothing special about it.  T. Carluccio said that at this point the Board just has the soil results; nothing yet regarding the required aquifer reports.  R. Pantel said that he is asking the Board give some type of administrative approval for this lot as well.

 

T. Carluccio responded that the Board is not giving any approval tonight just reviewing the new information.  R. Pantel said he is requesting an administrative approval, he understands that the Board is not going to issue something that says the Board approves this but meanwhile he is trying to check this off of the Planning Board Check List so that it is done. T. Carluccio responded that the Board can not give administrative approval tonight.  She said the Board could look at this but could not give approval until R. Pantel accomplishes the requirements under the Board’s Water Supply Ordinance.

 

L. Tatsch asked what needs to be done before the Board could approve the subdivision.  T. Carluccio responded that the Board needs to have the Aquifer Test done; the Board has approved the protocol, but the Aquifer Test has not been done and the Nitrate Dilution Model must be submitted and approved.  She asked if the lot change R. Pantel described is the only change he is seeking.  R. Pantel responded affirmatively.   He said that he just wanted to make sure the Board of Health felt comfortable with the locations of property lines, the septic etc.  T. Carluccio commented that some of the septic system soil tests appear close to property lines but until the systems are designed and located the Board cannot ascertain if all setbacks are met; the soil tests look acceptable.  T. Carluccio said that the soils data look adequate in terms of what the Board needs to eventually approve a subdivision.            

 

E.            UNIONVILLE VINEYARD, BLOCK 31 / LOT 1.  T. Carluccio asked if there was anyone in attendance for this agenda item.  Anthony Koester of Dilts & Koester, identified himself as attorney for the existing owner of the vineyard.  He said that he heard that this was on the agenda and he is here if there are any points that need to  be addressed or if any questions come up he will be able to answer them. 

 

T. Carluccio asked if the property has changed hands yet.  A. Koester responded that it has not.  T. Carluccio said that the Board received a letter of concern from a neighbor.  Last month it was presented in person by Freda Routh and then the Board received follow-up information from F. Routh.  T. Carluccio said that the Board will have to do further research in order to get answers to all of these questions.

 

T. Carluccio said one question F. Routh has brought up is a concern that the amount of water being used is not accurate and that more water may be used on the property then the Board thinks.  T. Carluccio said that the well was certified in 2004.  She gave a brief history of the site.

 

EAST AMWELL BOARD OF HEALTH                                JUNE 17, 2008            7

 

T. Carluccio commented that it was explained at that time to the Board in detail by the manager for the vineyard about how the water use is carried out on the property and that there is very little water used in the production of the wine and it was explained that they steam the bottles and they can’t use chemicals because of the reactions with the wine; the

Board did have a concern about floor drains that were in the barn and wanted to be assured that the floor drain does not connect to the septic system.  However, the drain goes out to a “seepage pit” which is a collection area for the drainage.  The Board had concerns about that and it was inspected by Hunterdon County, John Lukens, at the time and our engineer as well.  The Board also checked with NJDEP who said no permits were needed for the drain.  Discussion followed.

 

T. Carluccio said that because of the Board’s concern about the drains it was agreed previously with Mr. Nielson that they would be closed when the property changes hands. She said F. Routh also asked if the water testing requirements are being met and there was an attachment that was in the documentation that F. Routh sent that was a copy of a transient non-community public water systems inspection report from 2006.  T. Carluccio said that in F. Routh’s letter there is a concern is that it says there is a 1,000 gallon average daily water use.  She said that she will ask D. Vaccarella about that. 

 

L. Tatsch said that at the time the Board met with the owner and manager the Board really grilled the applicant on water use and it seemed clear that the process they use was somewhat different and more modern (up to date) and that they really did not use water to clean and sterilize the bottles - it was simply steam and the amount of water in the steam was very small.  He remembers that the Board had a lengthy discussion about water use and the amount used was thoroughly reviewed and numbers presented.  He said that at the end of the discussion the Board was convinced that the figures represented the facts.  At that time F. Routh had provided the Board with the same information she is providing now indicating that water use is typically higher.  It is interesting that those data did not seem to be relevant to that particular winery and the Board really considered that at the time.  He said assuming the process does not change under the new ownership he would say that these numbers are the same numbers the Board was given at the time and they certainly seem to be reasonable considering the description of the process. 

 

T. Carluccio said that one of the other concerns is that F. Routh is concerned that the winery is changing hands and that things are going to change.  So, it seems reasonable that when it does change hands it would be good for the Board to talk with the new owner to open up a line of communication the Board can ask again about installing a water meter.  A water meter, as explained to Mr. Neilsen in a previous meeting, is a protection for everybody.  It provides hard data and hard data is your best friend when you want to prove how much water is actually used.  T. Carluccio said that it was also made clear to the Board that they do not use water in producing the wine; it is only for the clean-up associated with it. 

 

 

EAST AMWELL BOARD OF HEALTH                                JUNE 17 2008            8

 

T. Carluccio said it seems reasonable to follow up on F. Routh’s concerns.  She asked D. Maksymovich if they routinely get permits for using port-a-potties when they have events.  D. Maksymovich responded that they have been excellent about getting temporary food licenses and port-a-potty licenses. A. Koester said that the production numbers have decreased; he said that in 2004 they produced 10,153 cases, 2005 they produced 5,350, in 2006 they produced 2,972 cases and in 2007 they produced 3,952 cases.  He said if anything the numbers have been trending down since 2004.

 

Cameron Stark, Vintner, Unionville Vineyards introduced himself for the record.  He said that when he first arrived at Unionville he was asked to make as much wine as he could possibly make.  And so they did make around 10,000 cases which was a jump from the prior years and they had brought in fruit from California in order to do that.  He said that he convinced  the owners to use 100% New Jersey fruit, that is part of the reason for the decline in 2005; the other part was the birds were veracious in 2005 and took about ½ of their hybrid grapes, about 30% of their best grapes.  He said in 2006 they had wine left over from 2004 so they made less on purpose and now they have that inventory removed and they will bring the production up to about 4,500 cases.

T. Carluccio thanked A. Koester and C. Stark for the information that is was very helpful.                

 

F.            THOMPSON GROUP, LLC, BLOCK 16.01 / PART OF LOT 26.  T. Carluccio reviewed the correspondence as listed on the agenda.  She said the Board had finalized the Board’s comments which were forwarded to the Township Committee and the Planning Board.  She had commented that the Township’s Stormwater Coordinator, who is the Township Engineer, is required under the Township’s ordinance to review the plan.  However, she did not think it was necessary to do that right now because it is not before the Zoning Board and Planning Board approval process.  But she felt that the Board of Health’s comments should be sent to NJDEP for their files.  She thought in order to figure out what was the timely way to deal with this that it would be good if the Township Clerk were to check with DEP to find out their review schedule of this application.  She told the Board that Nick Ferrari at DEP, who is the staff person in charge of the Township’s plan, said the Board could send the comments to NJDEP.  She said the Township Clerk will be doing that.  She said it will be in a file in Trenton until they look at it.  At this point, because of the change in the regulations that cover Water Quality Management Plan and amendments it does not sound like this is moving forward.   

 

ITEMS OF DISCUSSION

 

A.            SOURLAND MOUNTAIN SMART GROWTH/SOURLAND REGIONAL WATERSHED PLAN/EAST AMWELL MUNICIPAL STORMWATER TASK FORCE.

 

Sourland Mountain Smart Growth:  T. Carluccio had nothing new to report.

 

Sourland Regional Watershed Plan:  T. Carluccio had nothing new to report.

 

EAST AMWELL BOARD OF HEALTH                                JUNE 17, 2008            9

 

East Amwell Municipal Stormwater Task Force:  T. Carluccio had nothing new to report.

 

B.            EDUCATION AND HEALTH ISSUES  T. Carluccio reviewed the correspondence as listed on the agenda.  She commented that D. Maksymovich has the Tax Mailing Insert regarding pumping your septic system.  She remarked that by State Regulation the Board of Health has to perform septic system education for its residents every three years.  T. Carluccio commented that she thought the article was very good and complemented D. Maksymovich for doing a great job.  There was a brief discussion concerning when the second tank should be pumped.  This will need to be researched for next mailing.

 

C.            LETTER OF MAY 14, 2008 FROM RON BANNISTER, SUPERVISOR, BUREAU OF NONPOINT POLLUTION CONTROL, NJDEP RE; THE RIDGE AT BACK BROOK DRAFT NJPDES PERMIT RENEWAL, NO NJO139157.  T. Carluccio said that she reviewed this.  She said it doesn’t look like there are any changes, it is fairly straight forward.

 

D.            EQUINE CENTER, BLOCK 31 / LOT 1 – WELL TESTING PROTOCOL.

 

T. Carluccio commented that this is not a formal discussion of the Equine Center except to talk about the well testing protocol because D. Wang-Iverson is going to be doing the non-residential well test there.  He had some questions about how to properly do the test.  A brief discussion followed regarding the testing protocol. 

 

SECRETARY’S ORAL REPORT

 

D. Maksymovich had nothing to report.

 

CORRESPONDENCE

 

T. Carluccio reviewed the correspondence as listed on the agenda.

 

BILLS OF THE EVENING

 

L. Tatsch motioned to pay the bills of the evening, seconded by D. Wang-Iverson and carried by unanimous vote.

 

OPEN TO THE PUBLIC

 

There being no public present T. Martin motioned to close to the public, seconded by D. Wang-Iverson and passed by unanimous vote.

 

ADJOURNMENT

EAST AMWELL BOARD OF HEALTH                                JUNE 17, 2008            10

 

At 9:18 p.m. L. Tatsch motioned to adjourn the meeting, seconded by D. Wang-Iverson and was carried by unanimous vote.

 

                                                            ____________________________________

 

                                                            Darlis Maksymovich, Administrative Officer