Omnipoint Cell Tower Application Denied - March 6, 2002

The public comment portion of the public hearing of Omnipoint's application for a 100-foot monopole at the Basking Ridge Train Station was held on March 6, 2002. About 40 neighborhood residents commented in opposition to the monopole. The attorneys for both Omnipoint and the Board of Adjustment explained the governing statute, N.J.S.A. 40:55D-70d, which requires an application for a use variance to satisfy both the "positive criteria" and the "negative criteria."

Generally speaking, to satisfy the positive criteria, an applicant must prove that the use promotes the general welfare because the proposed site is particularly suitable for the proposed use. To satisfy the negative criteria, an applicant must prove that the variance can be granted
without substantial detriment to the public good and also demonstrate, through an enhanced quality of proof, that the variance is not inconsistent with the intent and purpose of the master plan and zoning ordinance.

An inherently beneficial use presumptively satisfies the positive criteria, and eliminates the need to satisfy the negative criteria by an enhanced quality of proof. However, in Smart SMR of New York, Inc. v. Fair Lawn Board of Adjustment, (1998), the NJ Supreme Court refrained from declaring towers and monopoles to be inherently beneficial uses. (From
 http://lawlibrary.rutgers.edu/courts/supreme/a-21-98.opn.html)

Comments by board members included the opinion that Omnipoint's expert real estate appraiser was not credible; and the opinion that the visual and environmental impact to the neighborhood would be substantial.  The board chairman also commented that a Cultural Resources Survey was conducted to allow the State Historic Preservation Office an opportunity to review the project's effects on historic resources (Section 106 Review). The Survey resulted in a determination that an adverse effect on the historic resources would result from the tower. The board then voted unanimously to deny the application.

In related news, the Bernards Twp. mayor has demanded that NJ-American Water Co. remove all cell phone antenna panels from a massive water tower located at the north edge of the Lyons VA property. Additionally, Rep.  Rodney Frelinghuysen has requested the director of the Lyons facility to take immediate action to remove the panels. Legally, the federal hospital is not subject to the local ordinance that stipulates cell tower distance requirements from residences.

Planning Board Suit - March 2002

A Basking Ridge property owner has sued the Planning Board for rejecting her subdivision application even though she complied with the township's new stream conservation ordinance, which created a 75-foot wide stream conservation zone. The property owner now lives in a locally significant 18th century house at the northern end of the 1.8 acre property on North Finley Avenue, which is part of the Basking Ridge Historic District. The property owner intends to create one lot of .95 acres for the existing house and a new .81 acre lot. The property is in an R-6, three-quarter-acre zone.

There is a pond at the rear where the property slopes steeply down toward the east, and a tributary of Penns Brook crosses a portion of the southern part of the property. In accordance with the new stream buffer ordinance, the property owner submitted a stream buffer management plan to the township engineer and received a zone two waiver, permitting construction within 35 feet of the stream and thus creating the minimally-sized building envelope on the proposed subdivision. The proposed 3,500 square foot house would be located only 54 feet from the existing historic house. However, the application was rejected by the board specifically due to setback issues of the new building site. Complicating the proposal and the board's decision have been the existing setback deficiencies of both the historic house and a late 20th century detached garage.

Millington Quarry Subdivision Applications - January 2002

In late January Millington Quarry Inc. announced it would amend two subdivision applications before the Bernards Twp. Planning Board. After the applications seeking a total of 29 lots were filed but before they were deemed complete by the Planning Board, the Township Committee had rezoned the two tracts from one-acre to two-acre zoning. In order to comply with the new zoning, MQI will submit revisions for both subdivisions within 90 days. Under the new zoning, the combined sites will allow no more than 14 lots. Also, MQI has recently filed a third application, for a 21.53-acre lot to the rear of the Barons condominium complex on South Maple Avenue. The tract is zoned for one-acre use and the application seeks eight lots on a 2,100 foot long cul de sac.

In 1999, as part of a 36.5 acre open space purchase along the Passaic River, Bernards Township acquired a farmhouse and a complex of ten outbuildings from Sterling Properties for $3.5 million. After the purchase, township officials were informed by the local historical society of the possible historic and cultural significance of the house.

New Jersey HPO identified the large 18th century English barn on the property as a rare survival which would qualify the farmstead for listing on the National Register. The farmhouse and a wagon house were mentioned as contributing to the significance of the farmstead.

Township officials then applied for a county grant to fund stabilization work and an historic preservation plan. A task force was appointed to provide community input to the historic preservation consultant preparing the plan. Twp. Engineer and Planner Peter Messina assumed chairman duties of the task force; Messina has subdivided about 4 acres from the tract for the historic site and has prepared a conceptual plan for development of a recreation complex on the rest of the tract.

The plan for a recreation complex, with parking lots and playground areas adjacent to the existing neighborhood and the potential for four lighted ballfields, is raising concerns among the neighbors, who evidently misunderstand the meaning of "open space".

The Conservatory - January 2002

Bergen county developer Salvatore Cangiano is seeking variances to build a development of 12 homes on a 185.1-acre tract bounded by Whitenack Road , Annin Road, Minebrook Road and Rt. 287 in the western section of Bernards Township. Variances are needed to permit two flag lots and to allow a cul-de-sac longer than 1,000 feet. There are wetlands are on the tract, and there has been an ongoing dispute with neighboring property owners about their extent. As of January 22, formal approval by DEP of the plans had not been received by the developer, and opening testimony was postponed until the February 19 meeting of the Planning Board.

Township Committee to Purchase Open Space Tract - Bernards Township, July 2001

In late July, the Bernards Township Committee passed  an ordinance to acquire 4.68 acres of property off of South Maple Avenue. The property, known as the "Crane Farm" will cost $515,000, which will be appropriated from the township's Open Space Trust Fund. The property, which is adjacent to the county-owned Lord Stirling Stables, includes a house and a farmstand. Township officials have not yet finalized plans for utilization of the property, which had been identified by the Open Space Committee in their acquisition plan.

Train Station Cell Tower Plan - Bernards Township, Summer 2001

Omnipoint Communications is seeking a use variance to erect a 100-foot high  tower at the Basking Ridge train station, in place  of an existing 60-foot high NJ Transit tower. The residentially zoned train station is located in a neighborhood which includes a number of historic homes. Residents object that the tower will impact the character of the community and township officials hoped to persuade Omnipoint to become a tenant of a new tower proposed by Sprint Spectrum for the municipal complex. However Omnipoint claims that the municipal site would not cover a transmission gap along Interstate 287. The Board of Adjustment will continue hearing the application in September.

Bernards Township Approves Aerial Survey of Deer - February 2001

An aerial deer survey of all 24.5 square miles of the township was approved by the township committee on February 13. In March 2000, a limited survey of 2.27 square miles revealed an average of 67 deer per square mile. The goal of the township's deer control plan is to reduce the herd to 20 deer per square mile. The survey will help determine the cost of the proposed hunt to reduce the deer herd, which would start in November 2001. The plan is pending approval by the NJ Division of Fish and Wildlife.

A small group of residents has consistently appeared at recent township committee meetings to voice objections to the planned hunt, questioning safety and effectiveness of the plan. They have proposed instead hiring additional police officers to monitor existing speed limits, and installing deer reflector systems on all township roads.

Bernards Township Task Force Recommends Deer Harvest - November 9, 2000

On Thursday, November 9, after 18 months of study, the Deer Task Force presented its recommendations to the Bernards Township Committee. After investigating a number of lethal and non-lethal options, the group chose a five year program of controlled harvesting, utilizing a professional harvesting firm, which would use shotguns and special soft lead slugs to harvest deer from stands over baited sites.

The Task Force chair, Dr. William Darrow, cited risk of Lyme Disease, destruction of forest undergrowth, increase in automobile-deer accidents, and damage to gardens as reasons for their recommendations. Police reports show 235 documented fatalities of deer in 1999 on local roads, plus about 100 more on the interstates within the township.

Current estimates of the herd in the Township are between 1600 and 2400. By the fifth year of the harvest, a targeted maintenance level of deer should be reached. The Great Swamp Wildlife Refuge has a similar program, which is now at its target population. The Passaic River forms a natural barrier between the Refuge and the Township, so deer from the Township have not moved into the less populated Refuge in any significant numbers.

Committeewoman Diana Boquist expressed concerns that deer from other neighboring towns may move into the Township, but the consensus of the committee was to move ahead with a decision, and a resolution endorsing the Task Force plan was passed. Public comments were restricted to township residents, and three residents spoke in favor. One woman from Florham Park was not permitted to speak.

The Task Force will immediately move ahead with completing the necessary state application. No new township ordinance will be required to allow the planned harvest, which is expected to begin in December 2001. An ordinance will be drafted to create a standing Wildlife Committee to replace the temporary Task Force.

Ridge Oak Settlement - Bernards Twp., November 9, 2000

Despite objections from neighborhood residents, the Bernards Township Committee voted unanimously to approve a proposal to rezone the Ridge Oak assisted living facility site on Lindbergh Lane. Details of the new SH1 zone (Lindbergh tract) and the SH2 and SH3 zones (the current Ridge Oak Senior Housing) were revealed at the committee meeting on November 9, 2000. The new zoning was proposed as part of a settlement agreement with the Board of Trustees of Ridge Oak. Township Attorney John Belardo announced that Ridge Oak has now agreed to eliminate an assisted living facility as a permitted use in the proposed SH1 zone but commented that this new concession was not substantive since the original cap of 34,000 square feet would not have been financially viable.

A number of neighborhood residents expressed their opposition to the proposed rezoning due to concerns about traffic, lighting and building compatibility with existing homes. No plan has been presented by Ridge Oak, but a member of the Ridge Oak Board of Trustees stated their plan is to build rent subsidized housing for 48 seniors which would be two stories in height, and estimated it will take three years to complete the project.

One East Oak Street resident suggested that the traffic and parking problem of the new proposal could be greater than the original assisted living plan. Traffic issues, including street widening, will be addressed by the Planning Board at the time plans are submitted by Ridge Oak.

An attorney representing another neighborhood resident stated his client's opposition on the grounds that the the new zoning would constitute "spot zoning."

Belardo announced that the settlement stipulates that the zoning board approval of the previous Ridge Oak project will be voided, and the Federal lawsuits will be dismissed without prejudice if the proposed ordinance creating new SH zones is approved.

Committeeman William Holmes defended the settlement, saying it will probably save the township "a quarter million" dollars in legal fees.

Bernards Township Open Space Tax Passes - November 7, 2000

The proposal to increase the open space tax in Bernards Township from 2 cents to 4 cents per $100 of assessed valuation passed in all 19 voting districts. In addition to doubling the rate, the tax will be extended from 2007 to 2017. Annual revenues from the tax are expected to increase from $775,000 to $1.55 million and will provide an additional $20 million through 2017.

Somerset seeking parkland to north - Bernards Twp., Bernardsville, October 16, 2000)

Consultant John Madden, working for Somerset County's park commission, presented an updated open-space master plan at a meeting held at the Environmental Education Center of Lord Stirling Park on October 16. The broad-brush presentation was one of a series scheduled in the county. Madden has raised the acreage goal of his original 1994 open-space master plan from 10,500 to 20,500.

Madden stated that "there is a lack of county parkland historically in the northern end," which includes the Bernardsville and Bernards Township portions of the Great Swamp Watershed. Madden explained that the county is now trying new approaches, and that parcels are targeted nearby in wetlands along the Passaic River.

Ridge Oak Settlement Plan - Bernards, October 10, 2000

On October 10, the Bernards Township Committee approved a settlement which would shelve the Ridge Oak assisted living facility project and instead allow more senior citizen housing through a zoning change. If the zoning change is approved, Ridge Oak Inc. will drop its court-approved plan for a 54,620-square-foot, 66-bed facility on a 6.28-acre Lindbergh Lane site, next to the Ridge Oak senior housing complex. Under the settlement, any new structure on the site would be limited to 34,500 square feet, which would make an assisted living facility unfeasible according to Ridge Oak officials. Instead, Ridge Oak would seek to build congregate seniors housing. In exchange for the concession, the 20-acre Ridge Oak complex could expand by 60 units, to 308 and up to 48 of those units could be built on the Lindbergh Lane site. The remaining 12 units would be achieved by replacing existing structures within the complex.

Under the proposed zoning change, the Lindbergh Lane site and the Ridge Oak site would be rezoned from residential use to a new category to be called "senior housing" (SH) use. The Lindbergh Lane site would be rezoned SH-1 which would permit an assisted living facility or congregate residence. Up to eight beds or units per acre would be allowed. As a congregate residence, the building could have communal dining facilities and support services, but
adult day care centers and Alzheimer's assessment clinics would be prohibited.

The existing Ridge Oak complex would be split into an 8.7-acre SH-2 zone and a 10.9-acre SH-3 zone. Both zones would permit an assisted living facility or congregate residence of up to 45,000 square feet, but only if no other Ridge Oak structure exceeds 20,000 square feet. Both zones would also permit an adult day care center. Units could be added only by razing an existing building and replacing it with a bigger one, which "could well be 10 years out," according to Robert Boye, vice president of the Ridge Oak Board of Trustees

The proposed additional seniors housing would give the township extra credits toward its state-mandated affordable housing obligations, and that credit would enable the township to provide affordable housing funds to Ridge Oak.

Homeowners from the Lindbergh Lane neighborhood were noncommittal on the terms of the settlement. Township Attorney John Belardo said if the rezoning proposal is approved, any project proposed for the Lindbergh Lane site would still require a site plan approval from the Planning Board. Site-related issues, including environmental concerns, would be reviewed during that process. A public hearing on the rezoning proposal has been set for Thursday, November 9 at 7:30 p.m.

Homes proposed for former Fellowship Deaconry nursing home site - Bernards, October 2000

The Bernards Township Planning Board has received an application to subdivide the Deaconry tract into seven lots which would all front a proposed 1,100-foot-long cul-de-sac. The 23.72 acre tract, located on Old Army Rd., is currently zoned R-1 for three-acre residential use. The application was submitted by Menza and Beissel Homes of Bernardsville, which is the contract purchaser for the property. A public hearing is scheduled for 7:30, Thursday, November 16.

In 1996 Spring Hill Manor had contracted to purchase the property and submitted a proposal to build an 83-bed nursing home. Residents opposed the idea contending the narrow, twisting, residential road was not safe for commercial traffic. After eight hearings, the application was denied.

Computer mapping program nears completion in Bernards - October 2000

After more than six years of work, Bernards Township is on the verge of completing a computerized overlay of maps (Geographic Information System). In 1995, $120,000 was set aside for the GIS. $51,000 was spent on aerial mapping, and in September a $67,000 professional services contract was awarded to DesLauriers Municipal Solutions of Franklin, MA, to produce the GIS format.

The system, which should be completed by March or April, will show everything from sewer lines, steep slopes and wetlands to locations of gas lines and even homes with young children. The GIS will be helpful in emergency situations and will also be a useful planning tool. The information will be for municipal use only, and will be available on only six municipal computers.

Bernards seeks to double its open space tax - October 2000

Last August, the Bernards Township Committee voted 3-2 to authorize a referendum to increase the municipal open space tax from 2 cents to 4 cents per $100 of assessed property valuation. The referendum will also ask voters this November to extend the life of the tax by 10 years.

The original tax was expected to raise about $7 million over 10 years. It was bonded upfront, and so far the township has spent $1.3 million to help purchase 119 acres owned by AT&T on Mountain Road, and $3.5 million to buy 36.5 acres on King George Road. Both of these purchases are in the southern portion of the township, outside of the Great Swamp Watershed.

Only about $2.2 million remains in the trust fund. The proposed tax increase would raise about $5.2 million over 7 years. The Open Space Advisory Committee has a list of prioritized tracts that would cost in the range of $15 million to $20 million.

The new proposal has raised a debate among the township committee members. Committee members Bill Allen and Diana Boquist voted against the referendum proposal, due to questions about what exactly open space is and an apparent lack of consensus in the community on open space objectives. Boquist does not favor raising open space taxes to acquire land for more athletic fields.

Mayor Gailanne Barth, who voted to authorize the referendum, said recent surveys of residents show the top priority is to acquire more open space. She said additional input will be sought after the election. Barth stated that the Open Space Advisory Committee has developed "a rigorous, disciplined game plan, so we're constantly looking at properties that meet a criteria that everyone agrees to." John Malay, chairman of the advisory committee, stressed that ball fields "are just one part of the equation."

As Bernards' Open Space Shrinks, Tax Must Expand - 
Bernards Twp., August 15, 2000

On August 15, the Bernards Township Committee voted to authorize a referendum seeking voter approval in November to double the municipal open space tax. If approved, the open space tax would increase from its current level of 2 cents per $100 of assessed valuation to 4 cents. The current tax was approved in 1997 and is effective for 10 years, through 2007. The new referendum also will ask voters if they want to extend the open space tax by 10 years, through 2017.

Committee members Al LiCata, Gailanne Barth and Bill Holmes favor the referendum. LiCata stated there is a pressing need to buy land to provide enough ball fields for the youth population.

However, the referendum is opposed by Bill Allen and Diana Boquist. Boquist argued that people may not favor a tax increase to provide more ball fields. Allen stated that there is a need for clarity of open space priorities: "I can't say if it's the right amount of money. We need another year to determine ourselves what we need and what the public is willing to support, and then define a referendum that will nail that down."

Curbs Curbed - Bernards Twp., July, 2000

In July, the Bernards Township Committee voted to cease its policy of surveying neighborhoods and providing curbs where they are wanted. The ruling came in response to a report by Bernards Township Engineer and Planner Peter Messina, who calculated that there are still 45 roads in the township without curbs in areas zoned for one acre or less. He said that if all were curbed as part of the township's 15-year road plan, the cost of the plan would increase by $6.6 million. Committeeman Bill Allen argued that residents in each neighborhood should be consulted and should be given the option to have curbs added. The plan was opposed by committee members William Holmes, Al LiCata and Diana Boquist.

Ridge Oak Settlement Talks Held - Bernards Twp., June 15, 2000

On June 7, the Bernards Township Zoning Board of Appeals voted unanimously to appeal a ruling by the state Superior Court, which had overturned the Board's denial of Ridge Oak's proposed assisted living facility project.

The next day, June 8, members of the Township Committee met with Ridge Oak, Inc. Representatives, apparently in an effort to reach a settlement of the separate, federal suit against the township. This suit, which is also against the Board of Appeals, alleges discrimination against the handicapped, and claimed the township's zoning did not allow assisted living facilities.

However, in July 1999 the Township Committee adopted an ordinance to allow assisted living facilities in an R-6 3-acre zone. The Planning Board then approved plans for Sunrise Development to build an assisted living facility on King George Road [outside of the Great Swamp Watershed].

Residents of the neighborhood in which Ridge Oak proposes to construct their assisted living facility object to the size of the project. They said the facility would be wider than a football field and 27 times as large as the average house in the neighborhood.

Acreage in Somerset Hills Eyed in County Parks Plan

On Thursday, June 8, the Somerset County Park Commission introduced an updated master plan, which includes more than 1,500 acres of land in the Somerset Hills proposed for open space and recreation. Included in the 1,500 acres are 279 acres adjacent to the Lord Stirling Park in Bernards Township. The master plan suggests that Lord Stirling Park be expanded "to ensure the integrity of the Passaic River watershed of the Great Swamp National Wildlife Refuge and to increase the opportunities for public recreation experiences in this area of Somerset County."

Ridge Oak Assisted Living Approved For Bernards Township

On February 15, 2000 Superior Court Judge Robert E. Guterl issued an order reversing Bernards Township's Zoning Board's December 1998 denial of use and parking variances sought by Ridge Oak Assisted Living, Inc.

In December 1998, the Board had found that an assisted living facility is inherently beneficial, but denied Ridge Oak's application, which sought use and parking variances, preliminary and final site plan approval, and minor subdivision approval, by stating that the assisted living facility "does not automatically satisfy the negative criteria that address possible detrimental effects of the particular location of the proposed facility. . . .whether in particular instances the size, location and intensity of the proposed use serve the general public good or substantially impair the zone plan and zoning ordinance are separate issues..."

The Board argued that the size and intensity of the proposal in the Lindbergh Lane neighborhood was overwhelming. Houses in the neighborhood average in size from 1500 to 2000 sq. ft. The Board also pointed out the structure will compare in size to some of the Township's largest commercial buildings, and it will in fact contain other more commercial uses. In addition to the assisted living component, there will be a geriatric assessment clinic, the Visiting Nurse Association, and the Somerset Hills Adult Day Care Center.

In February Judge Guterl remanded the application back to the Zoning Board for adoption of a resolution approving the variances, subject to the imposition of reasonable conditions. He also required the Board to conduct a meeting to discuss proposed conditions with the applicant, but prohibited public comment at the meeting. The required meeting was held on March 16, 2000, with the resulting resolution adopted on April 5.

The approved assisted living facility will be a two-story, 54,620 sq. ft. building with a footprint of about 35,000 sq ft., which together with an additional 36,900 sq. ft. of impervious coverage for parking will equal approximately the size of a football field. The lot is approximately 7.07 acres (308,187 sq. ft.), of which 3.32 acres are largely wetlands. A condition added at the March 16th meeting requires that all wetlands and wetland transition areas will be protected by conservation easements.

Lindbergh Lane currently deadends at the proposed site, and is about 16 feet wide there. At the March 16 meeting it was agreed the street will be widened to 24', with curbing and sidewalk added, along with drainage improvements approved by the Township Engineer.

The published minutes of the March 16th meeting include a statement that the proceedings that evening will have no effect on any possible appeal to the Superior Court. So far no appeal has been filed, however an executive session of the Zoning Board - closed to the public - is set for April 19, and Ridge Oak will be discussed.