BRIDGEWATER TOWNSHIP
PLANNING BOARD
Regular Meeting
Tuesday, March 11, 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 – present
Councilman Scaglione – present Mayor Flannery – present
Chairman Fross – present Ms. Barbara Kane, Alt. #1 - present
Mr. Hayes, Alt. #2 – present (arrived at 7:10 pm)
Others present: Board Attorney Thomas Collins, Township Planner Scarlett Doyle, Township Engineer Robert Bogart, Marie Broughman, Land Use Administrator
Chairman Fross confirmed for the record and welcomed the Economic Development and Housing Advisory Committees who were also in attendance.
APPROVAL OF BOARD MINUTES:
February 25, 2008, Regular Meeting – Motion by Mr. Rodzinak, second by Mayor Flannery, the February 25, 2008 regular meeting minutes of the Planning Board were adopted, as presented, on a unanimous voice vote of those present and eligible to vote.
MEMORIALIZATION OF RESOLUTIONS:
SOMERSET COUNTY
Block 730 Lot 1 (767 Thompson Ave.)
#02-08-PB, Minor Subdivision with variances (pre-existing)
DECISION: Approved with conditions 2/25/08
Motion by Mr. Rodzinak, second by Mrs. Joanne Kane, the resolution memorializing the approval with conditions, for the above referenced application, was adopted, as presented, on the following roll call vote:
AFFIRMATIVE: Mr. Rodzinak, Mrs. Joanne Kane, Councilman Scaglione, Mr. Leven, Mayor Flannery, Mrs. Barbara Kane, Chairman Fross
OPPOSED: None
ABSTENTIONS: None
ABSENT: Mr. Hayes
NOT ELIGIBLE: Mrs. Knapp
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UNIMARE, LLC
Block 230 Lot 7, (Union Avenue)
#36-04-PB, Amended Preliminary & Final major Site Plan application
PROPOSAL –Install lighting under the canopy for the drive up window servicing Drug Fair
DECISION: Approved with conditions 2/25/08
Motion by Mayor Flannery, second by Mrs. Joanne Kane, the resolution memorializing the approval with conditions, for the above referenced application, was adopted, as presented, on the following roll call vote:
AFFIRMATIVE: Mr. Rodzinak, Mrs. Joanne Kane, Councilman Scaglione, Mr. Leven, Mayor Flannery, Mrs. Barbara Kane, Chairman Fross
OPPOSED: None
ABSTENTIONS: None
ABSENT: Mr. Hayes
NOT ELIGIBLE: Mrs. Knapp
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COAH DISCUSSION
Mayor Flannery thanked everyone for attending this meeting. She summarized the new COAH obligation which Bridgewater has to adhere to. She noted that Bridgewater has to, among other things, change its Zoning Ordinances, in order to meet the regulations outlined by COAH. She noted that the new regulations may have a significant financial impact on the taxpayers. She also summarized some of the steps that Bridgewater has to take in order to be in compliance with COAH. She stated that she would be sending in our comments regarding the COAH obligation to the Council on Affordable housing before March 22, 2008. Township Planner Doyle confirmed that the COAH obligation is State-mandated and that all municipalities will have to adhere to the same set of rules and guidelines.
Board Attorney Collins, who is also a Professional Planner headed the COAH discussion. He noted that the Appellate Division has remanded 3rd Round back to COAH for some critical revisions. The basic principle is based on the Mt. Laurel II - Supreme Court decision which states that all municipalities, particularly developing municipalities, through their land use ordinances, must affirmatively provide a realistic opportunity for the construction of the low and moderate income housing needed for the region in which the municipality is located and also provide a fair share of the regional obligation housing need.
Board Attorney Collins noted that Bridgewater previously complied with the COAH regulations, however, the Round 3 rules have been revised to comply with the recent Appellate Division decision which require that municipalities provide zoning for construction of one (1) affordable unit for every four (4) market residential units and one (I) affordable unit for every sixteen (16) jobs. These rules mandate the planning for COAH projections unless actual growth is greater. Bridgewater’s projection is 998 units. Attorney Collins also noted that the comment period on COAH rules will expire on March 22, 2008. He added that while the Mayor and Planner Doyle are working on these comments, it is highly likely that the COAH rules and regulations will be adopted as they are because COAH has been ordered to revise the rules by the Appellate Division.
Board Attorney Collins discussed the options Bridgewater has available:
1. Do Nothing. The consequence would be to face builder’s remedy litigation and possibly a “builder’s remedy” imposed by the Superior Court. Builder’s Remedy allows Maximum Developable Yield which may include high rise and mid rise buildings which are totally permissible. The Builder’s Remedy and other Mount Laurel II judicial remedies are extremely severe and can drastically affect existing neighborhoods. Attorney Collins advised strongly against this option, noting that it is a strong judicial remedy that can be exercised by the Courts, if need be.
2. Petition COAH for Substantive Certification before the 2008 deadline. Attorney Collins confirmed that Bridgewater previously filed for Substantive Certification in 2005.
3. We can still object to the imposed rules and regulations which Bridgewater is doing by forwarding their comments to COAH.
4. We can consider suing COAH, by appealing the rules. Board Attorney Collins noted that the likely success rate for challenging the rules is fairly low.
5. The Planning Board can and should prepare an updated Master Plan Housing Element and Fair Share Plan Amendment that meets the requirements outlined in the revised COAH regulations. It should address, among other things, the municipality’s total fair share obligation, including implementing ordinances designed to ensure that the fair share of affordable housing to the 2018 period is met. The Planning Board would have to hold a public hearing to discuss this and then adopt a Housing Element and Fair Share Plan. The Housing Element and Fair Share Plan must also propose rezoning or municipal programs to accommodate the COAH projections.
6. After the Planning Board acts on the Master Plan, the Township’s Council would adopt the Petition for Substantive Certification and submit it to COAH before the deadline to obtain immunity from the Builder’s Remedy lawsuits.
Before the COAH rules are adopted, Attorney Collins noted that we have an option which he strongly recommended. This option includes adopting a Growth Share Ordinance which would become effective immediately upon adoption by COAH. This process would take about two (2) months. The Growth Share Ordinance would require all developments of four (4) or more residential units to build one (1) low and moderate unit per four (4) market units. The Growth Share ordinance must also provide incentives of one (1) extra market unit per low and moderate unit. This can be accomplished by allowing duplexes, triplexes and quadraplex buildings.
After COAH rules are adopted, we can amend our Housing Trust Fund Ordinance to require greater housing trust fund fees. We can increase fees to 3% for commercial and 1.5% for residential. These fees would apply to residential and commercial development not covered by the growth share ordinances Municipalities may use these funds for RCA’s. Growth Share in lieu of construction funds may only be used in the municipality not for RCA’s. This, however, cannot be done until COAH approves the housing trust fund fee Ordinances. Attorney Collins noted that the challenge is to comply with the rules imposed by COAH in an effort not to impact the taxpayers.
The meeting was opened to the Board for questions.
On question from the Board, Attorney Collins confirmed that a Zoning change as an overlay zone is not permitted. He then discussed in detail some of the tools that the Township can use to achieve compliance with COAH’s numbers for units and/or credits. For Bridgewater, the number to meet is #998. The tools include, Regional Contribution Agreement. In addition, if a municipality increases the permitted density after December, 2007, 50% of that increase can be low and moderate.
The meeting was opened to the committees attending the meeting
John Schmitt of the Economic Development Committee requested clarification on some of the tools the Township can utilize in order to meet the COAH numbers.
Rose Evans of the Economic Development Committee asked about the COAH requirements for demolition and rebuild projects.
The meeting was opened to the public for questions.
Nancy Gladfelter from Mountain Top Rd was present. She asked for clarification on some of the tools that the Township can utilize when there is little available land left to develop. Township Planner Doyle gave some examples, noting that retail can have apartments above stores and some houses can be made into group homes. It was also confirmed that schools are exempted; however, all other non profit organizations incur affordable units. Mayor Flannery discussed the difficulty in finding municipalities interested in RCA’s. She however noted that Bridgewater has been successful in assisting in the development of nine (9) units with Habitat for Humanity.
Kathy Roth of the Housing Advisory committee was present. She asked what the public can do to aid the Municipality. She was informed that the public can send email to COAH.
John Hoare of the Bridle Club was present. He stated that he is the owner of an affordable unit that is currently being foreclosed. He wondered if this unit can now become a marked unit and if the Township would be interested. He noted that he was willing to discuss this matter with the Board Attorney after the meeting.
Bob Vaucher from Foothill Rd. was present. He was concerned that the new COAH obligations will cause an intrusion on the home rule.
Kathy Roth of the Housing Advisory committee was present. She noted that the Star Ledger projects numbers on their website.
Evelyn Field from the Manor Civic Association was present. She stated that she would want low and moderate housing in her neighborhood and that she would be appearing before the Township with a proposal.
There were no further comments or questions. Mayor Flannery gave a closing statement while noting the next steps that Bridgewater will have to take in the next few months in order to avoid lawsuits and keep down the tax burden on the residents.
Chairman Fross called for a break at approximately 9:00 p.m. The meeting resumed at approximately 9:05 p.m. with all Board members present as before.
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Board Attorney Collins called for an executive session at approximately 9:05 p.m. The Open Public meeting resumed at approximately 9:26 p.m. with all Board members present as before.
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ZONING BOARD ANNUAL REPORT
The Board discussed the Zoning Board annual report regarding a set back in addition to a buffer when a commercial property abuts or is across from a residential property. The Bridgewater Ordinance requires both a buffer and a setback as an additive component. The Board thought that a decision should be based on specific zones or areas depending on the character of the lands. The Economic Development Committee will be consulted and a report will be forwarded to the Planning Board for their review.
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REDUCTION OF DOCUMENTS IN PACKETS
Township Planner Doyle introduced the idea of the Board receiving emails of resolutions, minutes, and other documents instead of getting copies of these documents in their packets. This idea is in an effort to save the Township money and to stop wasting paper. The Board discussed this issue and agreed that it is more convenient for them to have these documents in their packets.
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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 9:55 pm.
Respectfully submitted,
Grace Karanja,
Assistant Planning Board Secretary
ADOPTED 3/24/08
