NOTE: THIS AGENDA IS PROVIDED FOR GENERAL INFORMATION. IT IS NOT TO BE USED AS A BASIS FOR IDENTIFYING THE ORDER IN WHICH APPLICATIONS WILL BE PROCESSED. THE ORDER WILL BE DETERMINED BY THE CHAIRMAN AT THE TIME OF THE BOARD MEETING.
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BRIDGEWATER TOWNSHIP PLANNING BOARD
Regular Meeting
Tuesday, October 14, 2008
—AGENDA—
1. CALL MEETING TO ORDER:
Time: 7:00 p.m.
Place: Bridgewater Township Municipal Court
505 Route 202/206 North
Bridgewater, New Jersey 08807
2. OPEN PUBLIC MEETINGS ACT ANNOUNCEMENT:
In accordance with the requirements for the Open Public Meetings Act, this meeting was noticed on January 11, 2008. Notices were sent to the Courier News and The Reporter, and were posted in the Bridgewater Township Municipal Building at least 48 hours prior to the meeting. All requirements of the Sunshine Law have been met.
Please be aware of the Planning Board policy for public hearings: no new applications will be heard after 10:00 pm and no new testimony will be taken after 10:15 pm.
3. ROLL CALL:
4. SALUTE FLAG:
5. APPROVAL OF BOARD MINUTES:
September 22, 2008 Regular Meeting minutes
6. MEMORIALIZATION OF RESOLUTIONS:
6a. OWENS REALTY HOLDINGS, LLC
Block 907 Lot 49, 60.01 (Blazier Rd.)
#29-04-PB, Preliminary Major Subdivision (no variances)
PROPOSAL: Three (3) Lot Subdivision
DECISION: Approved with conditions 7/8/08
ELIGIBLE: Mr. Rodzinak, Mrs. Joanne Kane, Councilman Scaglione, Mrs. Barbara Kane, Mr. Hayes, Chairman Fross
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6b. BURKE, Stuart
Block 470 Lots 29 & 30 (Country Club Rd.)
#21-08-PB, Preliminary Major Subdivision (no variances)
PROPOSAL: Four (4) lot subdivision
TIME: 9/18/08
ELIGIBLE: Mrs. Joanne Kane, Mrs. Knapp, Councilman Scaglione, Mr. Leven, Mrs. Barbara Kane, Mr. Hayes, Chairman Fross
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7. LAND DEVELOPMENT APPLICATIONS:
7a. COLON, Ralph
Block 418 Lots 17.01 (Van Holten Rd.)
#21-08-PB, Amendment toPreliminary & Final Major Subdivision
TIME: Ext. to 10/30/08
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7b. BRIDGEWATER ODC, LLC c/o Goldman Sachs Group, Inc.
Block 112 Lots 1.03, 3 & 4 (756 Route 202)
#04-07-PB, Amended Site Plan Application
PROPOSAL: Relocation of the fence line & installation of a security system
Time: 45=9/8/08
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8. BOARD BUSINESS:
9. MEETING OPEN TO THE PUBLIC:
Members of the public wishing to address the Board on any matter not listed on the agenda may do so at this time.
10. ADJOURNMENT:
BRIDGEWATER TOWNSHIP
PLANNING BOARD
Regular Meeting
Tuesday, October 14, 2008
—MINUTES—
CALL MEETING TO ORDER:
Chairman Fross called the regular meeting of the Bridgewater Township Planning Board to order at 7:00 pm at the Bridgewater Township Municipal Court, 505 Route 202/206 North, Bridgewater, New Jersey.
OPEN PUBLIC MEETINGS ACT ANNOUNCEMENT:
In accordance with the requirements for the Open Public Meetings Act, this meeting was noticed on January 11, 2008. Notices were sent to the Courier News and The Reporter and were posted in the Bridgewater Township Municipal Building at least 48 hours prior to the meeting. All requirements of the Sunshine Law have been met.
Please be aware of the Planning Board policy for public hearings: no new applications will be heard after 10:00 pm and no new testimony will be taken after 10:15 pm.
SALUTE FLAG:
There was salute to the flag.
ROLL CALL:
Mr. Rodzinak – present Mrs. Joanne Kane - present
Mrs. Knapp – present Mr. Leven – absent
Councilman Scaglione – present (arrived 7:10pm) Mayor Flannery – present
Chairman Fross – present Ms. Barbara Kane, Alt. #1 - present
Mr. Hayes, Alt. #2 – absent
Others present: Board Attorney Thomas Collins, Township Planner Scarlett Doyle, Township Engineer Robert Bogart, Grace Karanja, Planning Board Administrative Assistant.
HEARINGS AND DELIBERATIONS:
BRIDGEWATER ODC, LLC c/o Goldman Sachs Group, Inc.
Block 112 Lots 1.03, 3 & 4 (756 Route 202)
#04-07-PB, Amended Site Plan Application
PROPOSAL: Relocation of the fence line & installation of a security system
Time: 45=10/30/08
Cynthia Delisi, Esq. was present to represent the applicant. She confirmed the applicant’s request for an adjournment until December 9, 2008. The applicant’s letter to the Board dated 10/14/08 gave the Board an extension of time to act on this matter until 12/31/08. It was the Board’s consensus to grant the adjournment. New notice to property owners within 200-ft and the official Township Newspaper will be provided by the applicant.
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APPROVAL OF BOARD MINUTES:
September 22, 2008 Regular Meeting Minutes – Motion by Mrs. Knapp, second by Mrs. Joanne Kane, the September 22, 2008 regular meeting minutes of the Planning Board, were adopted, as presented, on a unanimous voice vote of those present and eligible to vote.
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MEMORIALIZATION OF RESOLUTIONS:
OWENS REALTY HOLDINGS, LLC
Block 907 Lot 49, 60.01 (Blazier Rd.)
#29-04-PB, Preliminary Major Subdivision (no variances)
PROPOSAL: Three (3) Lot Subdivision
DECISION: Approved with conditions 7/8/08
Motion by Mr. Rodzinak, second by Mrs. Barabara Kane, the resolution memorializing the approval with conditions, for the above referenced major subdivision application, allowing the applicant to merge the two lots in question and then re-subdivide the property into three lots, was adopted, as presented, on the following roll call vote:
AFFIRMATIVE: Mr. Rodzinak, Mrs. Joanne Kane, Mrs. Knapp, Mrs. Barbara Kane Chairman Fross
OPPOSED: None
ABSTENTIONS: Mayor Flannery
ABSENT: Mr. Leven, Mr. Hayes, Councilman Scaglione
NOT ELIGIBLE: None
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BURKE, Stuart
Block 470 Lots 29 & 30 (Country Club Rd.)
#24-08-PB, Preliminary Major Subdivision (no variances)
PROPOSAL: Four (4) lot subdivision
DECISION: Approved with conditions 9/22/08
Motion by Mr. Rodzinak, second by Mrs. Barabara Kane, the resolution memorializing the approval with conditions, for the above referenced major subdivision application, allowing the applicant to construct a new cul de sac road and subdivide the two existing lots into a total of four lots, on which three new homes would be located, was adopted, as presented, on the following roll call vote:
AFFIRMATIVE: Mr. Rodzinak, Mrs. Joanne Kane, Mrs. Knapp, Mrs. Barbara Kane Chairman Fross
OPPOSED: None
ABSTENTIONS: Mayor Flannery
ABSENT: Mr. Leven, Mr. Hayes, Councilman Scaglione
NOT ELIGIBLE: None
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HEARINGS AND DELIBERATIONS:
COLON, Ralph
Block 418 Lots 17.01 (Van Holten Rd.)
#25-08-PB, Amendment toPreliminary & Final Major Subdivision
TIME: Ext. to 10/30/08
Robert Foley, Esq. was present to represent the applicant. The following witnesses were sworn in:
Jim Mantz, PE
Ralph and Suzanne Colon
Mr. Colon described the proposed amendment to the preliminary and final subdivision, noting that he purchased the property from the original builder after construction of the house had started on the property. He confirmed that the entire detention basin is on their rear yard area, making it hard for them to enjoy their back yard. The purpose of his request is to amend the final approval and the Township’s Conservation Easement and Drainage Easement so as to allow for a larger rear yard area behind their existing single family home and to construct a retaining wall and regrade the area. There is currently no homeowner’s association, which means that the Colons maintain the basin. Mr. Colon testified that this arrangement will continue and the he expects to be maintaining a grass lawn behind the home to the area of the proposed new retaining wall.
There were no questions for this witness from the public. Jim Mantz, PE was called forward for his testimony. His qualifications as an Engineer and Land Surveyor were recognized and accepted by the Board. Engineer Mantz presented and discussed an exhibit which was marked into evidence as follows:
A-1 10/14/08 A colored rendering of the amended preliminary and major subdivision plan showing the areas of existing Drainage Easement and existing Conservation Easement.
Mr. Mantz explained the plans and the amendment to the preliminary and final major subdivision approval and related Conservation Easement and Drainage Easements. He testified that the original subdivision approval was granted based upon conditions and requirements consistent with the ordinances of the Township of Bridgewater. He explained that a Conservation Easement was recorded for a distance of 50-feet from the high water mark of the proposed drainage basin as required in the ordinance and approvals. He also explained that he had not realized at the time of the original subdivision, and that it would constrain the proposed building envelope of the lot in such a significant way as experienced by the original builder and the Colons. He urged the Board to grant any variance or other necessary relief from the requirements of the ordinance regarding Conservation Easements abutting this detention basin and requested that the Conservation Easement either be eliminated or reduced in size. He also requested clarification that the wall could be placed on the location proposed on the edge of the detention basin and in the Drainage Easement area and that the Conservation Easement either be eliminated or removed to three feet from the southern side of the wall as recommended by Township Engineer Robert Bogart. Engineer Mantz also reviewed and discussed the report of the Township Planner dated 8/2/08 and the Township Engineer dated 8/14/08.
There were no questions from the public for this witness. During deliberation, the Board concurred that the benefits to the purpose of zoning by the provision of the additional rear yard will outweigh the detriments and that there will be no substantial detriment to the public good and no substantial impairment to the zone plan and zoning ordinance if the relief requested in this particular case is granted. The Board concurred that the Conservation Easement and Drainage Easement are real estate interests held by the Township of Bridgewater and that this approval will not be effective and may not be utilized unless and until he Township Council of the Township of Bridgewater approves an ordinance vacating and amending the Drainage Easement and Conservation Easement on the lot.
It was also the Board’s consensus that the applicant may install shrubs in the Conservation Easement on the lower side of the wall in a manner consistent with a landscape design to be subject to the review and approval of the Township Planner. No large trees shall be planted in said area that would in any way cause a clogging of the detention basin outlet structures. The Conservation Easement shall authorize the owner to install and maintain shrubs in the Conservation Easement on the lower side of the wall in a manner consistent with a landscape design to be subject to the review and approval of the Township Planner.
The Board stipulated on the following conditions of approval:
· The Drainage Easement and Conservation Easement shall be subject to the review and approval of the Planning Board Attorney, the Township Engineer, the Township Planner and the Township Attorney.
· The revised Conservation Easement shall be changed to provide for a revised area located south of a line three (3) feet south of the proposed retaining wall as to be determined by the Township Engineer.
· The Drainage Easement shall be revised to allow the construction of the retaining wall and improvements as proposed on the plans within the Drainage Easement and to allow for the maintaining of grass in the easement areas.
· The Conservation Easement shall authorize the owner to install and maintain shrubs in the Conservation Easement on the lower side of the wall in a manner consistent with a landscape design to be subject to the review and approval of the Township Planner.
· This approval and the authority of the applicant to proceed is subject to the explicit requirement that the applicant must obtain an ordinance of vacation from the Township Council of the Township of Bridgewater revising and vacating the Drainage Easement and Conservation Easement. If the Township Council does not adopt such an ordinance of vacation, then the Planning Board approval shall have no force and effect and shall be deemed void.
Motion by Councilman Scaglione, second by Mrs. Knapp, the above referenced application for an amendment to preliminary and final Major Subdivision, was approved, subject to the conditions discussed, on the following roll call vote:
AFFIRMATIVE: Mr. Rodzinak, Mrs. Joanne Kane, Mrs. Knapp, Mayor Flannery, Councilman Scaglione, Mrs. Barbara Kane, Chairman Fross
OPPOSED: None
ABSTENTIONS: None
ABSENT: Mr. Leven, Mr. Hayes
NOT ELIGIBLE: None
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OTHER BOARD BUSINESS:
The Economic, COAH and Impervious Coverage subcommittees gave updates on where they were with regard to their respective areas. Chairman Fross discussed the impervious coverage subcommittee, Mayor Flannery and Mrs. Joanne Kane discussed the status of the Housing Element and Fair Share Plan and Mrs. Barbara Kane discussed the status of the economic element of the Master Plan.
MEETING OPEN TO THE PUBLIC
Chairman Fross opened the meeting to public for non-agenda items. With hearing none, Chairman Fross closed the public portion of the meeting.
ADJOURNMENT:
It was the consensus of the Board to adjourn the meeting at approximately 8:45pm.
Respectfully submitted,
Grace Karanja,
Assistant Planning Board Secretary
ADOPTED 10/27/08
