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.
______________________________________________________________________________________________________________________________________________________
BRIDGEWATER TOWNSHIP PLANNING BOARD
Regular Meeting
Tuesday, May 8, 2007
—REVISED AGENDA—
CALL MEETING TO ORDER:
Time: 7:00 p.m.
Place: Bridgewater Township Municipal Court
505 Route 202/206 North
OPEN PUBLIC MEETINGS ACT ANNOUNCEMENT:
In accordance with the requirements for the Open Public Meetings Act, this meeting was noticed on January 19, 2007. 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:
ROLL CALL:
APPROVAL OF BOARD MINUTES:
April 10, 2007 Regular Meeting
MEMORIALIZATION OF RESOLUTIONS:
RESOLUTION ENDORSING THE FINDERNE NEIGHBORHOOD VISION PLAN
Eligible to vote: Mr. Rodzinak, Mrs. Joanne Kane, Councilman Kurdyla, Mayor Flannery, Mrs. Barbara Kane, Mr. Hayes Chairman Fross
-----------------------------------------
GEN III
Block 173 Lot 2 (Route 22 & Traci Road)
#67-04-PB, Preliminary Site Plan w/variances
DECISION: Approved w/conditions 3/13/07
Eligible to vote: Mr. Rodzinak, Mrs. Joanne Kane, Mrs. Knapp, Councilman Kurdyla, Mr. Leven, Mayor Flannery, Chairman Fross
------------------------------------------
HABITAT FOR HUMANITY
Block 300 Lot 14 (140 Southside Avenue)
#52-06-PB, Prelim Major Subdivision (9-lots)
DECISION: Approved w/conditions 3/26/07
Eligible to vote: Mr. Rodzinak, Mrs. Joanne Kane, Mrs. Knapp, Councilman Kurdyla, Mr. Leven, Mayor Flannery, Chairman Fross
-------------------------------------------
(Pending) BAL MIDDLEBROOK CROSSING, LLC
Block 821 Lot 24(US Highway Route 22)
#55-06-PB, Preliminary Site Plan with variances (including FAR- steep slopes)
DECISION: Approved w/conditions 4/10/07
Eligible to vote: Mr. Rodzinak, Mrs. Joanne Kane, Councilman Kurdyla, Mayor Flannery, Mrs. Barbara Kane, Mr. Hayes, Chairman Fross
---------------------------------------------
HEARINGS AND DELIBRATIONS:
LANDS OF JOE’S FRUIT FARM (Musialowski)
Block 701 Lots 4, 5 (1724 & 1734 Washington Valley Rd.)
#60-06-PB, Preliminary and Final Major Subdivision to create (3) lots
Time: 120= 8/28/07
-----------------------------------------
LEWIS, Lisa
Block 602 Lots 1 & 1.01 (North Shore Drive)
#51-05-PB, Request for extension of Minor Subdivision approval
Approved with conditions 1/10/06, resolution memorialized 2/14/06
----------------------------------------
SALVATI, Eugene
Block 820 Lot 5 (1911 Middlebrook Road)
#35-05-PB, Request for extension of Minor Subdivision approval
Approved with conditions 4/24/06, resolution memorialized 5/22/06
--------------------------------------
DPB, LLC
Block 707 Lot 9 (1924 Washington Valley Rd)
#10-07-PB, Amended Preliminary Site Plan with variances
Request to reconsider use from office to retail.
Time: 120= 7/12/07
-------------------------------------------
OTHER BOARD BUSINESS:
Recommendation to vacate the conservation easement at 2 Benner Court; Presentation by Robert Bogart, PE
ADJOURNMENT:
---------------------------------------------------------------------------------------------------------------------------------------------------
BRIDGEWATER TOWNSHIP
PLANNING BOARD
Regular Meeting
Tuesday, May 8, 2007
—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, 2006. Notices were sent to the Courier News and the Messenger Gazette 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 TO FLAG:
There was salute to the flag.
ROLL CALL:
Mr. Rodzinak – present Mrs. Joanne Kane - present
Mrs. Knapp – absent Mr. Leven – absent
Councilman Kurdyla absent Mayor Flannery – present
Chairman Fross – present
Ms. Barbara Kane, Alt. #1 - absent
Mr. Hayes, Alt. #2 - absent
Others present: Board Attorney Thomas Collins, Township Engineer Robert Bogart, Township Planner Scarlett Doyle, Grace Karanja, Planning Office Assistant
APPROVAL OF BOARD MINUTES:
April 10, 2007 Regular Meeting – Motion by Mayor Flannery, second by Mr. Rodzinak, the April 10, 2007 regular meeting minutes were adopted as amended on a unanimous voice vote of those present.
MEMORIALIZATION OF RESOLUTIONS:
RESOLUTION ENDORSING THE FINDERNE NEIGHBORHOOD VISION PLAN
Motion by Mr. Rodzinak, second by Mrs. Joanne Kane, the resolution endorsing the Finderne Neighborhood Vision Plan was adopted as presented on the following roll call vote:
AFFIRMATIVE: Mr. Rodzinak, Mrs. Joanne Kane, Mayor Flannery,
Chairman Fross
OPPOSED: None
ABSTENTIONS: None
ABSENT: Mrs. Knapp, Councilman Kurdyla, Mr. Leven, Mrs.
Barbara Kane, Mr. Hayes
NOT ELIGIBLE: None
-----------------------------------------------
GEN III
Block 173 Lot 2 (Route 22 & Traci Road)
#67-04-PB, Preliminary Site Plan w/variances
DECISION: Approved w/conditions 3/13/07
Motion by Mr. Rodzinak, second by Mrs. Joanne Kane, the resolution memorializing the approval with conditions on 3/13/07 for the above referenced application was adopted as amended on the following roll call vote:
AFFIRMATIVE: Mr. Rodzinak, Mrs. Joanne Kane, Mayor Flannery,
Chairman Fross
OPPOSED: None
ABSTENTIONS: None
ABSENT: Mrs. Knapp, Councilman Kurdyla, Mr. Leven, Mrs.
Barbara Kane, Mr. Hayes
NOT ELIGIBLE: None
-----------------------------------------------
HABITAT FOR HUMANITY
Block 300 Lot 14 (140 Southside Avenue)
#52-06-PB, Prelim Major Subdivision (9-lots)
DECISION: Approved w/conditions 3/26/07
Township Planner Doyle was recused from the dais. Motion by Mr. Rodzinak, second by Mrs. Joanne Kane, the resolution memorializing the approval with conditions on 3/26/07 for the above referenced application was adopted as amended on the following roll call vote:
AFFIRMATIVE: Mr. Rodzinak, Mrs. Joanne Kane, Mayor Flannery,
Chairman Fross
OPPOSED: None
ABSTENTIONS: None
ABSENT: Mrs. Knapp, Councilman Kurdyla, Mr. Leven, Mrs.
Barbara Kane, Mr. Hayes
NOT ELIGIBLE: None
-----------------------------------------------
BAL MIDDLEBROOK CROSSING, LLC
Block 821 Lot 24(US Highway Route 22)
#55-06-PB, Preliminary Site Plan with variances (including FAR-steep slopes)
DECISION: Approved w/conditions 4/10/07
The Board did not take action on the above referenced resolution. It will be presented for Board consideration at the next regularly scheduled Board meeting.
---------------------------------------------
BOARD BUSINESS:
Chairman Fross reminded the Board members to pick up their old Board packets from the Black Box. He also reminded them to execute their financial disclosure statements and forward them to the Township Clerk.
---------------------------------------------
HEARINGS AND DELIBRATIONS:
LANDS OF JOE’S FRUIT FARM (Musialowski)
Block 701 Lots 4, 5 (1724 & 1734 Washington Valley Rd.)
#60-06-PB, Preliminary and Final Major Subdivision to create (3) lots
Time: 120= 8/28/07
The Township was represented by William Savo, Esq.; Township Attorney. Joseph Murray, Esq. represented Musialowski, the applicant. Attorney Murray invited his first witness, John Hale, Land Surveyor of The Reynolds Group inc. who was sworn in. He presented his professional background and the Board accepted his credentials. Mr. Hale then presented and discussed in detail exhibits which were presented into evidence as follows:
A-1 5/8/07 Colored rendering of Final Plat, last revised 4/17/07
(dark green color depicts residential lots; light green depicts
open space)
Mr. Hale discussed the details of the subdivision which will result in a total of three (3) lots. Two (2) lots will contain existing dwellings and the third lot will be purchased by Bridgewater Township to be used for Green Acres purposes. Corners have been set on the property. Sewer access will be assured to both residential dwellings by a private easement from one lot to the other. The existing out buildings will be removed. The sign identifying Joe’s Fruit Farm will be removed. Board Attorney Collins recommended that the Minor Subdivision deeds not be signed until the out buildings have been removed. There was discussion on this recommendation. It was also noted that there will be a restriction on the deed to limit the use of the land to those permitted by Green Acres.
Chairman Fross opened the hearing to the public for questions.
William St. Clair, 1343 Mallard Drive was present and was sworn in. He asked about uses which might be permitted for Open Space. Mayor Flannery advised that there are no proposed uses for the tract at this time. Township Attorney Savo cited that Green Acres funds will be used and that the property will be permanently deeded as Green Acres land. He noted that although there are no present plans for this property, there may be specific uses in the future. In addition, he noted that the Planning Board has no jurisdiction on what the Township chooses to do with this land but that the property owners’ within 200-ft will be notified in the future when the Township decides to do something with the land. Mr. St. Clair also expressed drainage concerns. It was noted that the subdivision proposed is not adding to the site and is therefore exempt from stormwater management because no impervious coverage is proposed. Mr. Sinclair, in addition, expressed concerns with uses such as dirt bikes.
Susan Murphy, 1371 Cricket Lane was present and was sworn in. She asked about access to green acres. Township Engineer Bogart noted that there are no current plans to open a new road but that there are two (2) legal accesses that the Town can utilize: Washington Valley Rd and Cricket Lane.
Delores Sheridan, 1370 Cricket Lane was present and was sworn in. She noted that her property borders the site. She noted concerns with traffic and noise which she may experience from Green Acres lands.
William St. Clair, 1343 Mallard Drive was present and remained under oath. He asked if there was a possibility that the Township would not purchase this property. Attorney Savo advised that there is a signed contract for purchase.
Delores Sheridan, 1370 Cricket Lane was present and remained under oath. She asked if there are legal conditions to restrict certain uses as she was concerned about the term recreation. Board Attorney Collins noted that the matter before the Board is for a subdivision whose lots conform. He noted that the Planning Board has no authority to impose conditions as the Town Council has already decided to buy the property.
Chairman Fross closed the public portion of the hearing.
Applicant Vera Musil-Slowey was present and she was sworn in. She described the history of the property including the farm house and homestead area noting that the existing homes were built in 1951. She agreed that there would be no sale of the premises unless the barns were removed.
Applicant Paul Slowey was also present and sworn in. He advised that the out building must be removed if his dwelling is expanded.
Chairman Fross opened the hearing to the Board for deliberation. The Board deliberated and agreed that the approving of this application will not substantially impair the zone plan or land use ordinance or be a substantial detriment to the residents of the Township of Bridgewater. They agreed to approve the subdivision application as stated above subject to the following conditions:
· The existing barns will be removed prior to the issuance of building permits on either lot or three (3) years, whichever is sooner.
· The applicant shall comply with the reports of the Township Planner dated 4/30/07 and the report of the Township Engineer dated 5/1/07.
Motion by Mr. Rodzinak, second by Mrs. Joanne Kane, the LANDS OF JOE’S FRUIT FARM, Block 701 Lots 4 and 5, #60-06-PB, Preliminary and Final Major Subdivision application was approved with conditions on the following roll call vote:
AFFIRMATIVE: Mr. Rodzinak, Mrs. Joanne Kane, Mayor Flannery,
Chairman Fross
OPPOSED: None
ABSTENTIONS: None
ABSENT: Mrs. Knapp, Councilman Kurdyla, Mr. Leven, Mrs.
Barbara Kane, Mr. Hayes
NOT ELIGIBLE: None
-----------------------------------------------
LEWIS, Lisa
Block 602 Lots 1 & 1.01 (North Shore Drive)
#51-05-PB, Request for extension of Minor Subdivision approval
Approved with conditions 1/10/06, resolution memorialized 2/14/06
Lisa Lewis, applicant was present. Board Attorney Collins summarized the extension request noting that he recommends 190-days extension to allow the applicant ample time to file deeds. The Board was in agreement.
Motion by Mrs. Joanne Kane, second by Mr. Rodzinak, the request for extension of a Minor Subdivision application for the above referenced applicant was approved on the following roll call vote:
AFFIRMATIVE: Mr. Rodzinak, Mrs. Joanne Kane, Mayor Flannery,
Chairman Fross
OPPOSED: None
ABSTENTIONS: None
ABSENT: Mrs. Knapp, Councilman Kurdyla, Mr. Leven,
Mrs. Barbara Kane, Mr. Hay
NOT ELIGIBLE: None
-----------------------------------------------
SALVATI, Eugene
Block 820 Lot 5 (1911 Middlebrook Road)
#35-05-PB, Request for extension of Minor Subdivision approval
Approved with conditions 4/24/06, resolution memorialized 5/22/06
Joseph Murray, Esq. was present to represent the applicant. He summarized the extension request. Board Attorney Collins recommended 190-days extension to allow the applicant ample time to file deeds. The Board was in agreement.
Motion by Mrs. Joanne Kane, second by Mr. Rodzinak, the request for extension of Minor Subdivision application for the above referenced applicant was approved on the following roll call vote:
AFFIRMATIVE: Mr. Rodzinak, Mrs. Joanne Kane, Mayor Flannery,
Chairman Fross
OPPOSED: None
ABSTENTIONS: None
ABSENT: Mrs. Knapp, Councilman Kurdyla, Mr. Leven,
Mrs. Barbara Kane, Mr. Haye
NOT ELIGIBLE: None
-----------------------------------------------
DPB, LLC
Block 707 Lot 9 (1924 Washington Valley Rd)
#10-07-PB, Amended Preliminary Site Plan with variances
Request to reconsider use from office to retail.
Time: 120= 7/12/07
Geoff Soriano was present to represent the applicant. Robert Berlant, applicant was sworn in. Attorney Soriano outlined the requests of the applicant which he noted have been modified since the initial submission of the application. The only request at this time is for the construction and use of the basement area. There was discussion by Mr. Rodzinak which addressed basement construction. Mr. Berlant discussed his desire to install waste lines under the basement slab. The Board and the applicant entered into an extended discussion on the subject of doorways access under slab waste lines, use of the basement and the floor to ceiling height.
The applicant asked to defer this application and within 90-days, he will re-notice and request to reappear before the Board at a future date. The applicant was reminded by Board Attorney Collins that any use of the basement will require variances. These variances are in conflict with the understandings and testimonies presented at prior public hearings.
Mr. Berlant gave his credentials as a responsible builder.
Chairman Fross opened the hearing to the public for comments.
Jack Gray, 833 Quarry Lane was present and was sworn in. He stated that he was confident the Planning Board will do a good job in making its decision in this matter.
The Board unanimously voted to defer this application until the applicant’s counsel asks to be scheduled for a hearing.
-------------------------------------------
OTHER BOARD BUSINESS:
Township Engineer Bogart presented a matter regarding the vacation of a conservation easement at 2 Benner Court (Block 418.02 lot 17.01). He noted that Ralph Colon is the owner of the property in question. The proposal is that the conservation easement would be vacated and a drainage easement would be established in a different location on this lot.
There was discussion on the history of the subdivision of this property including the effect the proposal would have on the neighborhood. Discussion on recent court decisions also ensued.
Board Attorney Collins advised that Mr. Colon should return to the Board for relief. This would be accomplished as an amendment to the previously granted subdivision.
ADJOURNMENT:
It was the consensus of the Board to adjourn the meeting at approximately 9:50 pm.
Respectfully submitted,
Grace Karanja
Planning Board Administrative Assistant
ADOPTED 6/12/07
