HILLSBOROUGH TOWNSHIP PLANNING BOARD PUBLIC HEARING MEETING MINUTES OF JANUARY 9, 2003

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1 HILLSBOROUGH TOWNSHIP PLANNING BOARD PUBLIC HEARING MEETING MINUTES OF Chairman Van Nest called the Planning Board meeting of January 9, 2003 to order at 8:00 p.m. announcing that this meeting had been duly advertised according the Chapter 231, Open Public Meetings Act. The meeting took place at the Municipal Building in the courtroom. Mr. Avolio (1) Present Ms. Chaucer-Levine Present Mr. Jensen Present Dr. Sireci Present Mr. Taylor Present Mayor Gwiazdowski - Present Ms. Winters Mineo (2) Present Mr. Pugh Present Secretary Merdinger Present Vice Chairman Freeman Present Chairman Van Nest - Present Also present were Robert Ringelheim, Township Planner, Eric Bernstein, Board Attorney, Mark Zelina, Board Engineer and Lucille Grozinski, C.S.R. ACCEPTANCE OF RESOLUTIONS 2002 Master Plan Reexamination A motion to accept the 2002 Master Plan Reexamination Report dated December 12, 2002 was made by Mr. Jensen, seconded by Ms. Chaucer-Levine. Ms. Chaucer-Levine-yes, Ms. Winters-Mineo-yes, Mr. Pugh-yes, Mr. Jensen-yes, Ms. Fenwick-Freemanno. Country Classics Phases 3 & 4 Mr. William Sutphen, Planning Board attorney for the Country Classics litigation appeared. After some discussion regarding voting eligibility, both Mr. Sutphen and Mr. Bernstein agreed that the present members of the Board who were also members of the Board at the time of the vote and were eligible to vote were Chairman Van Nest, Mr. Jensen, Ms. Fenwick-Freeman and Ms. Winters-Mineo are eligible to vote on this resolution. However, he stated that there are only three members eligible to vote since the Judge on the case determined that based on statements made by Mr. Van Nest after he abstained on the original vote on the resolution, his vote was considered a recusal and not an abstention. Mr. Bernstein advised the Board that this is a vote to accept the decision of the Appellate Division of the Superior Court of the State of New Jersey. It does necessarily mean that the members who vote are in favor of the project, it is a vote to the accept the actions of the Appellate Division. As an eligible voting member, Mr. Jensen stated that a vote at this time is not a vote of approval of the resolution but a vote on acceptance of the court decision. Mr. Jensen made a motion to accept the decision of the Appellate Division of the Superior Court to approve the resolution for Country Classics, Sections 3 & 4, seconded by Ms. Winters-Mineo.

2 Ms. Winters-Mineo-yes, Mr. Jensen-yes Ms. Fenwick-Freeman-abstain. Mr. Sutphen stated that he will amend the last page of the resolution to enter the name of the new chairman. PLANNING BOARD BUSINESS Mr. Merdinger stated that at the recent Township Committee meeting there was a question as to whether his appointment on the Municipal Utilities Authority would make him ineligible to be a member of the Planning Board. It was determined that according to NJ Statutes 40:55D-23a, he is eligible to be the Class II member of the Planning Board. On behalf of the Planning Board, Chairman Van Nest expressed his gratitude to the outgoing members and asked that resolutions of appreciation be prepared. Mr. Pugh made a motion to have resolutions prepared for Mr. Mack, Mr. Lawton, Mr. Wells, Mr. Tricarico, Mr. Gelardi and Mr. Wysocki, seconded by Mr. Jensen. All members agreed unanimously. Motion carries ACCEPTANCE OF MINUTES Minutes of December 12, 2002 A motion to approve the minutes of December 12, 2002, as written was made by Mr. Pugh, seconded by Ms. Chaucer-Levine. All eligible members agreed. Motion carries SPECIAL COMMITTEE REPORTS There were no special committee reports. BUSINESS FROM THE FLOOR Ken Wells asked the Board Attorney if it was legal and proper for a person to serve on the Planning Board who is also a member of an organization who has brought suit against the Township or the Planning Board. Attorney Bernstein stated that without knowing exactly who and what the involvement was, he could not answer the question until he had more information. Mr. Rock of Montgomery Road brought to the attention of the Board his continuing desire to have the applicant deed restrict the subdivision to recognize the farming operations in the area. Mr. Bernstein will follow up on this matter. 2

3 PUBLIC HEARING - SUBDIVISIONS/SITE PLANS Duke Farms Foundation File #02-PB-5-MSR Block 49, Lots 3 & 3A Mr. Willard Bergman, Attorney for the Applicant appeared. Mr. Bergman explained that the subdivision was necessary to expand the facilities at the Duke Farm gardens. He requested a 90-day extension to allow the engineers to finalize the deed. A motion to grant a 90-day extension for filing minor subdivision deeds was made by Mr. Merdinger, seconded by Mayor Gwiazdowski. Ms. Chaucer-Levine yes Mr. Jensen yes Mr. Pugh yes Dr. Sireci yes Mr. Merdinger yes Mr. Taylor yes Vice Chairman Freeman yes Mayor Gwiazdowski yes Chairman Van Nest yes Thompson File #02-PB-18-MR Block 165, Lot 13 Since no one was present for this application, a motion to continue this application to the next meeting was made by Mayor Gwiazdowski, seconded by Dr. Sireci. All members agreed. High Branch Land File #02-PB-15-MJ Block 147, Lots 26, 27 & 49 A motion to open the public hearing on this application was made by Mayor Gwiazdowski, seconded by Ms. Fenwick-Freeman. All members agreed. Neil Yoskin, Attorney for the Applicant, appeared. Mr. Yoskin gave the Board a brief overview of the application. Application is for preliminary major subdivision for 18 single family lots located on South Branch and New Centre Roads. The parcel comprises 79.9 acres in the RS zone adjacent to the Flagtown village center. Mr. Ringelheim summarized the application for the Board. Mr. Ringelheim had concerns regarding the power lines at the rear of the property and asked for testimony regarding the location of residences in this area. He also asked for further detail regarding the freshwater wetlands, elevations and storm drainage capabilities of the detention basin. Off tract improvements should also be addressed. Mr. Zelina stated that he did not have an opportunity to review the file, however, CME Associates did review the file and issued a letter on October 18, 2002 with engineering comments. Mr. Zelina stated that he had no objection to the request for the waiver of plan scale. 3

4 Mr. Michael Ford, P.E. of Van Cleef Engineering, appeared and was sworn. Testimony included: Concept plan was submitted approximately 2 years ago and reviewed by the Township Engineer and Somerset County Lots serviced by on-site septic systems and private wells. Testing for the septic systems has been performed and results on record in Health Department Soil testing has been completed Residential subdivision of 18 lots, with the 19 th lot for the detention basin which is within the 12 acre parcel that will be dedicated to the Township. All lots conform to the 2-acre requirement Cul de sac proposed with no connection to South Branch Road at the request of Somerset County Suggestion by the County that the intersection at New Centre Road be relocated to the west in order to maximize the site distance. Adherence to the RSIS standard of an 18-foot cartway with roadside swales and catch basins for stormwater runoff which is directed to a detention basin located on the 12+ acre lot. The detention basin is located within the PSE & G power line easement. Plans will be amended to address the current Tree Ordinance. Proposal for 211 shade trees is beyond the requirement. Lots with the utility easement for the power lines are in excess of 2 acres. Power lines are located approximately 250 feet from the closest dwelling Application submitted to NJDEP for proposed disturbance of the wetlands. All wetlands and wetland buffers, where they encroach on a residential lot, will be placed within an easement and be reflected in the deed for the lot. Proposed R.O.W. is 50 ft. Suggestion from Environmental Commission to consider a cluster option for the subdivision. Mr. Ford reported that because of the 2 acre minimum, the ordinance does not permit a cluster option. Waivers requested: Street lighting in order to minimize the impact to residents and eliminate cost to the Township for continued maintenance. Plan of scale Board Comments: Show seasonal high water table on plan Engineer should review and comment on adequacy of 18 foot cartway Recommendation for site specific soil testing. Mr. Ford reported that soil testing was done as part of the wetland delineation. Data will be provided to the Board Engineer for review. Suggestion that tree removal be done on a lot by lot basis. Public Comment: Annette Sammer had questions on affordable housing consideration for the proposed subdivision. Mr. Yoskin stated that this is dictated by ordinance and a contribution for a single family development is suggested. 4

5 James Ruocco of South Branch Road had questions on the cluster option. George Fenwick had question on the location of the detention basin, dedication of open space and wetland areas. Ken Wells suggested that additional soil testing, seasonal high water table mapping and survey of the wildlife and birds be completed for the site. Thomas Auffenorde of EcolSciences appeared and was sworn. Testimony included: Historic pesticide sampling has been completed in accordance with NJDEP Historic Pesticide Contamination Task Force. Contaminants found on two portions of the site will be remediated by soil blending. When completed, NJDEP will issue a no further action letter. Based on fact that only normal farming practices have been done of the subject property, he felt that additional analytical soil testing for priority pollutants (copper, hydrocarbons, etc.) is not required. Natural Heritage Program, which maintains records for grassland species, identified a Natural Heritage Priority Site within the Township. The subject site is not within this priority site. Board Comments: Recommend that additional sampling be conducted on the site for seasonal high water table and soils. Request to the Engineer to comment on basement plan for this project. Mr. Ford reported that as part of a building permit application, a soil report for that lot is required. The issues of groundwater in relation to basements will be addressed at that time. A motion to carry the application to February 6, 2003 was made by Christian Jensen, seconded by Michael Merdinger. ADJOURNMENT A motion to adjourn was made by Mayor Gwiazdowski, seconded by Mr. Sireci. Submitted by, Darlene Reed Planning Board Clerk. 5