EAST AMWELL PLANNING BOARD MINUTES

7:30 PM East Amwell Municipal Building

May 13, 2009 - Meeting

Call to Order, Attendance and Pledge of Allegiance

This meeting of the East Amwell Planning Board was opened on May 13, 2009 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 29, 2009 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 6, 2009.”

Present: Fred Gardner

Rob Gilbert

Bela Kamensky

Pete Kneski

Linda Lenox

Don Reilly, Chairman

Dart Sageser

Michael Weis

Joe Wolfgang

Roger DeLay

Planner Slagle (Filling in for Planner Banisch)

Excused: Gail Glashoff

Chairman Reilly noted that Discussion Item #2 listed on the agenda: Update from Ag Advisory on Status of Acreage Requirement for Horses will be carried to the Board’s July agenda because the Committee is not meeting next month.

Citizens’ Privilege to Speak on Items Not on the Agenda

There was no public present at the meeting at this time.

Review of Minutes

A motion by Fred Gardner, seconded by Pete Kneski to approve the Board’s 4/8/09 minutes with a few noted corrections was approved with Michael Weis, Rob Gilbert and Linda Lenox abstaining.

New Business – Other

Discussion: Review of Draft Ordinance – Constrained Lands

Planner Slagle explained that at the Board’s 4/8/09 meeting, it was decided that the following natural resource constraints would be factored into the calculation of tract yield:

Wetlands, floodplains, streams and stream corridors, slope classification of 12% to 25% and 25% or greater, NJDEP wetlands transition areas and 300’ buffers to C-1streams.

The memo included a map depicting Township-wide natural resource constraints, examples of lot yield using specific properties in the Township with and without natural resource constraints and a proposed draft ordinance.

East Amwell Township Planning Board Minutes – 5/13/09

There was discussion by Board members regarding the property examples provided by Planner Slagle. It was explained that the example lots are located in the Amwell Valley Agricultural District as well as the Sourland Mountain Zone and all parcels are either preserved or have been granted subdivision approval. Planner Slagle noted that applying the constrained land formula to the sample lots resulted in little difference between lot yield under the Open Lands Ratio and Conventional subdivision options. However, sites with significant constraints had their conventional subdivision yields reduced, while the open lands yield remained generally comparable to the pre-constrained ordinance yield. Planner Slagle commented this is an anti-sprawl incentive that would be considered a “smart growth” ordinance refinement.

It was discussed that in the Sourland Mountain cluster developments under the open lands zoning are not advocated due to the limited water supply in this zone. Board members also commented on the reduced lot yield under the constrained ordinance for conventional subdivisions since constraints are common in the Mountain Zone.

Chairman Reilly summarized the discussion by saying that in the Amwell Valley Disctrict it is not likely that the proposed constrained lands ordinance will have a tremendous impact, but in the Sourland Mountain Zone it will have an effect. He commented that the Planning Board is not forging new ground, but rather catching up. He indicated that several surrounding Townships as well as municipalities in other parts of the County have following this model ordinance.

Mr. Gardner asked how the constrained lands ordinance may affect valuations with regard to preservation efforts. Planner Slagle indicated she would look into the matter. She commented that SADC has gotten more and more detailed with their appraisals regarding preservation and she stated she isn’t sure how much leverage this proposed ordinance would have on helping to boost appraisal values for easement purchase. Chairman Reilly added that everyone needs to be comfortable with the ordinance and what the Board is trying to achieve. He said, “At the end of the day we are trying to do good planning for the entire Township and I think on balance we have not devalued people’s property by the way in which we have zoned over the past 25 years…I think we have a very unique Township and I think the value of people’s property has been enhanced by what we’ve done…I think this is just a continuation of what we have been doing and I think it is consistent with the Master Plan.”

It was the consensus of the Board to convert the constrained lands draft ordinance into a final version for review at the Board’s June 10, 2009 meeting. A public hearing on the matter will likely be on the Board’s July 8, 2009 agenda.

East Amwell Township Planning Board Minutes – 5/13/09

Oral Reports

FOSPC – Mr. Gardner reported that the Committee is still working on the Farmland Preservation Plan requested by SADC. He indicated the new submission deadline is June 1, 2009 but the SADC will extend the submission period as long as the Township can demonstrate they are actively working on the Plan. Ms. Andrews commented that West Amwell had just submitted their Plan and she indicated she would get a copy for FOSPC to look at and review.

Ag Advisory – Ms. Lenox reported that Ag Advisory is assisting FOSPC with the Farmland Preservation Plan. She also reported that they had discussed trying to establish a minimum acreage requirement for horses but could not reach a consensus. She also reported that manure management was discussed and Mr. Gardner added that Mrs. Gardner had attended an animal waste management meeting that also discussed farm strategies to protect water quality. He commented that the State is working on adopting some type of enforcement mechanism. Ms. Lenox added that the standards are set by the amount of horses on a farm. She stated she believed if a property owner had 7 or less horses they would be required to submit a self-certified plan. Mr. Gardner noted the Township Committee will be holding a presentation on River Friendly Farms and encouraged people to attend.

Environmental Commission – Mr. Sageser noted Angela Clerico from Banisch Associates had given a presentation on “Sustainable Jersey.” He stated it was informative and found a lot of the information to be quite beneficial.

SM Smart Growth Grant – No report was given.

Stormwater Committee – No report was given.

COAH – No report was given.

Wastewater Management – Mr. DeLay reported there will be a breakfast meeting next Wednesday morning 5/20/09 at the County facilities to address the issue of ordinances regarding septic tank inspection.

PB Secretary – No report was given.

Chairman – Chairman Reilly noted that the Amwell Valley Fire Company will likely be coming before the Board next month with their pole barn application. He indicated Engineer O’Neal has spent some time guiding the Fire Company with their application/site plan and the Planning Board has spent some money supporting this matter up to this point.

Open to the Public

Chairman Reilly reordered the agenda and moved Open to Public up to accommodate the public in the audience. Frances Gavigan of 123 Wertsville Road came forward and commented that the CADB will have the Den Hollander matter on their agenda tomorrow evening. She indicated the issue to be discussed is whether or not the right to farm trumps local ordinances. Ms. Gavigan also commented on the possible establishment of minimum acreage requirements for horses and stated that she believes this may create a negative perception of the Township, may be at odds with the Township Master Plan and it may decrease the value of some properties. Ms. Gavigan also noted that small farmers are the customers of local farms, businesses and trainers.

East Amwell Township Planning Board Minutes – 5/13/09

A motion by Fred Gardner, seconded by Rob Gilbert to close to the public was unanimously approved.

Correspondence

There was no discussion on any correspondence listed on the agenda.

Presentation of Vouchers

A motion by Rob Gilbert, seconded by Linda Lenox to pay the vouchers as listed on the agenda was unanimously approved.

Adjournment

Chairman Reilly adjourned the meeting at 8:32 PM.

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Maria Andrews, Administrative Officer