EAST AMWELL PLANNING BOARD MINUTES
May 14, 2008 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 May 14, 2008 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 17, 2008 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 May 7,
2008.”
Present: Roberta Canfield
Robert
Gilbert
Gail
Glashoff
Bela
Kamensky
Linda
Lenox
Don
Reilly, Chairman
Dart
Sageser
Michael
Weis
Roger
DeLay
Frank
Banisch, Planner
Chris
Norman, Attorney
Dennis
O’Neal, Engineer
Excused: Fred Gardner
Joe
Wolfgang
Citizens’ Privilege to Speak on Items Not on the
Agenda
Chairman Reilly opened the
floor to public comment on anything not listed on the agenda. No one came
forward. A motion by Linda Lenox, seconded by Rob Gilbert to close to the
public was unanimously approved.
Review of Minutes
A motion by Rob Gilbert,
seconded by Gail Glashoff to approve the minutes from 4/9/08 was unanimously
approved with no corrections noted.
New Business – Other
Public Hearing:
Pantel/Rynearson – Preliminary & Final Major Subdivision – Block 2 Lot 2
Present for the application
was Rich Pantel, Applicant and Professional Engineer and Planner along with his
Attorney Karl Kemm of Hoagland, Longo, Moran, Dunst & Doukas, LLC.
Board Attorney Norman swore
everyone in including the Planning Board’s professionals and Mr. Pantel was
accepted as an expert to provide testimony on this application.
Mr. Pantel clarified that the
plans being presented this evening incorporate all of the suggestions made by
the Board at their March 12, 2008 meeting. It was noted that the plans
submitted for the March 12, 2008 meeting conformed to all of the Township Ordinances
and required no variances. The new plans being
East Amwell Township Planning Board Minutes – 5/14/08
proposed this evening will
require a variance from section 92-91.H(2)(b)[1], which requires that 75% of
the tract be designated as “open lands” and due to the Board’s suggested
reconfiguration of the lot layout, only 72% of the tract will be designated as
open lands. It is the Board’s belief that although this new plan requires a
variance, the overall result is a much better subdivision plan.
To help summarize the
changes, Mr. Pantel explained that the previous application was for the
subdivision of 67.18 acres, Block 2 Lot
2, in the Amwell Valley Agricultural District. The proposal was to create 9 new
residential lots on 15.81 acres and leave the remaining 51.37 acres as farm
land. In addition to the 9 new residential lots (3 along Route 604 and a 6 lot
cul-de-sac off of Rynearson Road), he was proposing to put another residence
behind the existing Rynearson farm/home on Block 2 Lot 2. The site included a detention basin for the proposed
development with groundwater recharge capabilities, wetlands, a farm dwelling
and the existing related farm buildings. There were no bulk variances being
requested.
Mr. Pantel presented a double
sided board consisting of Exhibit A-1:
A mounted colored version of sheet #3 of the submitted site plan—an enlarged
view of the proposed cul-de-sac and Exhibit
A-2: A mounted colored version of sheet #4 of the submitted site plan—a
view of the entire site layout. The new reconfigured plan is proposing to
subdivide the 67.18 acre tract into 9 new residential lots on 18.75 acres,
leaving the remaining 48.43 acres as farm land. The residential portion of the
subdivision now includes two lots along Route 604 with driveway access from the
proposed cul-de-sac. The third lot (lot 2.08) that was previously proposed
along Route 604 has been relocated to the north side of the proposed new
cul-de-sac and will essentially be the first lot on the right of the new
development. Mr. Pantel is still proposing to put another residence behind the
existing Rynearson farm/home on Block 2 Lot 2. The site will still include a
detention basin for the proposed development with groundwater recharge
capabilities, wetlands, a farm dwelling and the existing related farm
buildings.
Mr. Pantel proceeded to
review the memos provided by Engineer O’Neal and Planner Banisch. There was
some discussion on the following items:
Regarding the ordinance
requirement of fencing and natural buffers between the residential lots and the
farm land, it was decided that a split rail fence will be installed
approximately 5’ off of the back property lines of lots 2.06, 2.07 and 2.08.
Regarding proposed lot 2.10
on the corner of Route 604 and Rynearson Road, there will be a 100’ setback
established on proposed lot 2.10 in order to prevent a potential home from
being built too close to the corner of the lot.
Specific details were
discussed about the existing trees on proposed lots 2.02 and 2.07. It was
decided that the grove of pine trees currently on proposed lot 2.02 can be
removed due to their unhealthy appearance, but the large existing tree on proposed
lot 2.07 should remain. Additionally, it was decided that the labeled “grass
area” in the middle of the cul-de-sac shown on Exhibit A-2 will contain trees
and/or shrubs. The landscaping details will be worked out between Mr. Pantel
and Planner Banisch.
It was agreed that a 15’
Conservation Easement will be placed along proposed lots 2.09, 2.04, 2.05 and
part of lot 2.06 in order to protect the existing trees and hedgerows.
It was determined that the
purposed subdivision will not require any improvements to be made along
Rynearson Road.
There was extensive
discussion regarding the proposed secondary dwelling behind the existing
Rynearson home. Since the Rynearson’s will have “life rights” to their home,
Mr. Pantel’s proposal to build another house on the lot would require
permission for a “secondary dwelling” since the ordinance allows only one principal
dwelling. Planner Banisch commented that the Rynearson home is somewhere
between 150 and
East Amwell Township Planning Board Minutes – 5/14/08
200 years old and has
potential historic value. He noted that he would like to see the home remain in
some way and suggested that a portion of it could be removed to bring it under
the 750 sq. ft. threshold in the ordinance and could remain on site with a
“new” principal dwelling. If Mr. Pantel intends to pursue two homes on one lot
he will need to go to the Board of Adjustment for a variance.
Ms. Lenox commented on the
proposed detention basin being placed on the farm lot and not being part of the
residential section. She questioned who would be responsible for its
maintenance. Mr. Pantel explained that the homeowners association will be
responsible for maintaining the basin and noted that the access to the
detention basin will be off of the cul-de-sac.
The issue of fire protection
was discussed. Mr. Pantel expressed difficulty in getting input from the fire
department on the matter. The ordinance requires a 30,000 gallon underground
water tank and Mr. Pantel would like to implement individual suppression
systems within each proposed home. Chairman Reilly volunteered to work with Mr.
Pantel and the fire department in resolving this matter.
Engineer O’Neal indicated
that a performance bond would need to be established. Mr. Pantel explained that
he intended to pursue this subdivision in “phases.” He explained “Phase I”
would entail the remainder farm parcel and “Phase II” would include everything
associated with the 9 new lots. Mr. Pantel noted he is requesting preliminary
and final subdivision approval for “Phase I” this evening and will submit
phasing plans accordingly for signature.
Planner Banisch addressed the
comments in his memo dated 5/14/08. With regard to the open lands calculations
and the applicant’s ability to qualify for the density bonus, Planner Banisch
explained that 50.38 acres are required to qualify for the density bonus, the
current plans indicate Mr. Pantel is proposing the large farm lot will be 48.43
acres now that lot 2.08 was relocated up to the cul-de-sac. This is the
variance that was discussed earlier. Due to the fact that the original plan was
conforming a modification can be made because Mr. Pantel has demonstrated that
he was entitled to the bonus. Attorney Norman also clarified that Mr. Pantel is
not getting anymore lots than he would have gotten with the conforming plan.
Planner Banisch noted that
this application will require 32.75 acres to be unconstrained and priority farmland.
He clarified that the calculations on sheet 4 of Mr. Pantel’s plans show the
constrained lands including a total of 16.2 acres. This total includes wetlands
and buffer areas, the detention basin and easement, slopes greater than 12%,
non-prime soils and other stream areas. It was noted that these features exceed
those required to be removed from the open lands calculation according to the
definition of unconstrained lands (floodplains, wetlands or slopes greater than
12%). In particular, buffer areas around wetlands and the detention basin and
its easement are not excluded by ordinance from the 65% calculation. While they
clearly impede opportunities for continued agricultural use to some extent,
they are not listed by ordinance as features to be removed in the calculation.
Planner Banisch summarized that as a result, no variances are required in
relation to the amount or quality of open lands, since if even only the
detention basin and easement area are added back in (2.45 acres) the 75% of
tract requirement is achieved. Thus, it is Planner Banisch’s opinion that while
relocation of Lot 2.08 from the corner of Route 604 and Rynearson Road to the
corner of the proposed cul-de-sac did consume additional open lands that were
originally proposed to be part of the farm lot, this does not result in the
requirement for a variance. It was recommended that any approved plan be
revised so that these calculations are consistent with the ordinance
requirement.
East Amwell Township Planning Board Minutes – 5/14/08
A discussion took place
regarding Mr. Pantel’s contract to purchase the subject property with the
condition that the owners (the Rynerson’s) can remain in the existing dwelling
with a “life right.” The proposed application is to allow the applicant to
construct a new principal dwelling on the property during the tenure of the
life right. Planner Banisch explained that this would mean there would be 2 principal
dwellings situated on the property and 11 principal dwellings on the original
tract where only 10 are permitted using the open lands density bonus. It was
noted that this is a key issue related to this application since the number of
dwellings could affect jurisdiction if it exceeds the permitted density. Planner
Banisch made two suggestions: Draw lot lines around the conforming lot for the
Rynearson house and have it be on its own lot. The other option would be to
impose some sort of deed restriction on when the eleventh house could be built.
Attorney Norman indicated that this issue would need to be presented to the
Zoning Board for a density variance to allow the two dwellings.
Planner Banisch addressed the
“Agricultural deed restriction requirements of §92-92(J) in the ordinance. He
stated the deed restriction must be in recordable form and must be submitted to
and approved by the Board’s Attorney as a condition of approval. It was
explained that typically, when farmland is preserved, certain lands are
restricted and the lands on which the development will occur are exempted from
the restriction. It was noted that the applicant will need to identify the
limits of the area where non-farm development will occur. Mr. Pantel agreed to
submit a few options to address the proposed “building envelope” area.
Prior to opening to the
public, Attorney Norman clarified that the role of the Planning Board is to
implement the ordinance. He addressed the public saying, “If you have comments
which relate to whether or not you like the concept of the open lands ratio and
what our zoning allows—there is nothing we can do about that...they have
already presented a conforming plan that did not require any variances, they
have modified that plan to address some of the planning concerns that the Board
had.”
A motion by Rob Gilbert,
seconded by Bela Kamensky to open to the public was unanimously approved.
Rob Mulcahy of 63 Dunkard
Church Road came forward, was sworn in and presented Exhibit O-1: An eight page document to the Planning Board
addressing several concerns with the objectives of the ordinance, open lands
and residential dwelling density and construction. Mr. Mulcahy expressed
concern that the Planning Board was encouraging cluster developments in
exchange for deed restricted land and he didn’t believe this was an
“attractive” trade off for the Township.
Planner Banisch responded
saying, “This is probably, potentially, one of the most successful privately
funded farmland preservation programs in New Jersey—because of this zoning. So
when you say, ‘are we willing to encourage cluster development in order to get
three quarters of every farm saved’—that’s what this is all about!”
Betsy Cotten of 63 Dunkard
Church Road came forward and was sworn in. She asked for clarification on the
amount of houses that will potentially be approved. Planner Banisch explained
that Mr. Pantel understands that if he wants 11 houses, he must go to the
Zoning Board. The Planning Board can only approve 10 houses.
East Amwell Township Planning Board Minutes – 5/14/08
Toni Robbi of 144
Lambertville-Hopewell Road came forward and was sworn in. He disagreed with
allowing two houses on the principal lot and then spoke to his involvement on
the Environmental Commission suggesting that specified plants be established in
the areas to be landscaped. He suggested warm weather grasses should be used in
the detention basin area and agreed with trees being planted in the cul-de-sac
area.
Matt McCool of 1055 Old York
Road came forward and was sworn in. He asked for clarification on the proposed
conservation easement that will run along his property. Chairman Reilly noted
the easement would not impact Mr. McCool land.
Kevin Inglin of 12 Haines
Road came forward and was sworn in. He stated he disagreed with the Board’s
assessment that no improvements would need to be made along Rynearson Road. He
noted the proposed development will generate a lot of traffic and expressed
concern with water runoff onto Dunkard Church Road. Planner Banisch stated that
the rate of stormwater runoff is controlled by state regulations.
Connie Mitchko of 46 Dunkard
Church Road came forward and was sworn in. She expressed concern on several
issues noting there were too many open items surrounding the application, she
wasn’t happy with the idea of phasing the project and she believed that Mr. Pantel’s
intention to proceed with the subdivision in phases suggested bad faith if he
didn’t have the finances to post the performance bond until phase II.
Additionally, Ms. Mitchko commented on the wetlands not being delineated and also
stated that she felt the detention basin could be placed in a more efficient
location on the property.
Engineer O’Neal commented
that Mr. Pantel is fully aware of the fact that the DEP must determine where
the wetlands are on the property and based on the outcome, an amended plan may
have to be submitted. Additionally, Mr. Weis commented that the Board is bound
by the DEP’s determination and the State’s stormwater regulations.
Mike Gibson of 59
Rosemont-Ringoes Road came forward and was sworn in. He presented Exhibit O-2: Eight color photos
depicting the flooding on the subject property from the heavy rains in late
March early April of 2008. Mr. Gibson suggested pine trees be planted on the
edge of Route 604 to block the houses. He also commented as a fireman stating
he did not like the suggestion of having individual water suppression systems
in the houses. He indicated sprinkler systems would be much safer.
Connie Mitchko of 46 Dunkard
Church Road came forward again and presented Exhibit O-3: One color photo of the flooding along Dunkard Church
Road from the last heavy rain storm last month. She also requested that the
Board consider restricting construction vehicles from using Dunkard Church
Road. Mr. Pantel commented that Dunkard Church Road is already restricted
because of the “light weight” capacity bridge at the north end of Rynearson
Road.
A motion by Michael Weis,
seconded by Linda Lenox to close to the public was unanimously approved.
Attorney Norman clarified
that the applicant was requesting approval for preliminary and final phase I
(farm house lot) subdivision with a variance for less than 75% open lands and
with the following requested waivers:
1. The stormwater management
report will be resolved to Engineer O’Neal’s satisfaction
2. Lot 2.10 will have a 100’
setback from Rynearson Road
3. The applicant will provide
split rail fence to conform to Section 92-91(G) of the ordinance
4. The landscaping and buffer
areas shall be reviewed and approved by Planner Banisch
East Amwell Township Planning Board Minutes – 5/14/08
5. A 15’ wide conservation
easement will be established at the rear of lots 2.04, 2.05, 2.06 and 2.09
6. Lot 2.07 will be marked
has having a tree to be preserved unless it is demonstrated that the tree can’t
be saved
7. Planner Banisch will
determine the appropriate plantings for the cul-de-sac island area
8. The fire system issue is
deferred until the time of final approval of Phase II
9. Plot plans for Phase II
will be reviewed on an individual basis by Engineer O’Neal
10. The application will be
phased
11. The open lands lot is
approved for 1 dwelling by the Planning Board and it is understood that the
applicant will need to pursue an approval for 2 dwellings
on the farm/open lands lot before
the Zoning Board of Adjustment
12. The applicant will submit
alternatives locations for the agricultural deed restriction
13. Construction vehicles
will use the Route 604 access
14. The bonus density chart
on sheet #4 of the plans will be revised to show the removal of the buffer area
and the detention basin
15. “Witnessed” permeability
testing must be conducted on detention basin
A motion by Roberta Canfield,
seconded by Dart Sageser to approve the Preliminary and Final Phase I (farm
house lot) Subdivision with the variance for less than 75% open lands and with
the waivers as requested by the applicant and outlined above by Attorney Norman
was unanimously approved.
Roll Call Vote:
Roberta Canfield: Yes, Dart Sageser: Yes, Rob Gilbert: Yes, Gail Glashoff: Yes,
Bela Kamensky: Yes, Linda Lenox: Yes, Don Reilly: Yes, Michael Weis: Yes, Roger
Delay: Yes
The Board took a 5 minute
break from 10:45 PM to 10:50 PM.
New Business – cont.
Discussion: Legal Opinion memo from Attorney Norman,
re: Carousel Estates Subdivision – Block 18
Lot 24
This matter will be listed on
next month’s agenda for discussion.
Discussion: Input from Planning Board to TC regarding
letter to Mayor Tatsch dated 3/24/08 from Board of Chosen Freeholders on
Wastewater Management
Engineer O’Neal commented
that the State is requiring that the Township have a plan. Planner Banisch
noted that the County will allow us to write our own plan but we need to
clarify if they will have a hand in it or not. Engineer O’Neal said he would
review the correspondence and contact Chairman Reilly. If Engineer has no
concerns, the Board authorized Chairman Reilly to contact the Township
Committee. It was understood that the Board’s preference is to write their own
plan without County involvement.
Discussion: Review of initial escrow requirements for
subdivisions – see email from Engineer O’Neal dated 5/5/08 and related section
from ordinance regarding fees and escrows
This matter will be placed on
next month’s agenda for discussion. It was noted that Mr. Reilly, Ms. Glashoff
and Mr. DeLay will review the escrow requirements and recent billings and
comment at next month’s meeting.
Planner Banisch, Attorney
Norman and Engineer O’Neal left the meeting at this time, 10:50 PM.
East Amwell Township Planning Board Minutes – 5/14/08
Oral Reports
FOSPC - Ms.
Lenox commented on the SADC’s approval process for the Comprehensive Plan. She
said they have 60 days from the time the plan is returned from SADC with
comments to make changes, obtain approval from the Agricultural Advisory
Committee and ask the Planning Board to incorporate the plan as part of the
master plan. She noted a public hearing is required on the matter.
Agricultural Advisory Committee – No report was given
Environmental Commission – No report was given
SM Smart Growth Grant – Bela Kamensky commented that the draft management
plan will be ready in the next few weeks, by 5/31/08.
Stormwater Committee – No report was given
COAH – No
report was given
PB Secretary
– No report was given
Chairman –
No report was given
Open to the Public
Chairman Reilly opened to the
public. No one was present. Chairman Reilly closed to the public.
Presentation of Vouchers
A motion by Linda Lenox,
seconded by Rob Gilbert to pay the vouchers as listed on the agenda was
unanimously approved.
Chairman Reilly adjourned the
meeting at 11:00 PM.
_________________________________
Maria Andrews, Administrative
Officer