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Recent News from Chatham Township . . . 


Braemar Works Through Environmental Issues - September 2002

In August, the Chatham Township Committee approved the developer's agreement for Braemar’s planned townhouse complex for adults over age 55 on the 9-acre Heyl rose farm on Green Village Road. The Planning Board has given all necessary approvals for the site plan and subdivision.

Before Braemar can build, it must remove 4 underground petroleum product storage tanks on the site (two 10,000 gallon tanks and two 500 gallon tanks). In addition, soil remediation is necessary, since arsenic and lead in concentrations well above acceptable limits have been noted at one or two former greenhouse locations.

The wetlands and transition areas on the southeast corner of the property by state law must remain as open space. Since it is well documented that even protected wetlands have been filled and built upon, the Chatham Township Environmental Commission, in a letter dated March 26, 2002, recommended that the Planning Board require a conservation easement in perpetuity to provide extra protection for these areas.

The Township Engineer and the Planning Board ruled out a conservation easement, when faced with the DEP’s requirement for revegetation of wetlands and wetlands buffer areas in conservation easements. The Environmental Commission had suggested the applicant be responsible for the mandated DEP revegetation, but the decision for no easement eliminated the discussion of responsibility for maintaining the wetlands.

The Planning Board did require a trail easement so that the wetlands could conceptually be added to the Township's planned walking/biking path that is part of the Township’s Open Space plan. A study of topography and drainage patterns and a DEP permit would be required before the creation of a community path or boardwalk through the trail easement.

Drainage Plan Under Scrutiny for Oak Knoll Athletic Fields Project
 
- September 2002

In September, Oak Knoll School of Summit presented to the Planning Board storm water runoff calculations for its two proposed playing fields on 13.4 acres near Green Village and Shunpike Roads. The school gave a very detailed description of its planned ground infiltration areas and storm water detention basins.

The property contains wetlands that are headwaters for a tributary to Black Brook. Some of these wetlands will be saved and some filled in. To achieve the Township’s "no net increase" in stormwater runoff requirement, the rain infiltration and detention design must make up for the lost wetlands and lost evapotranspiration of the 800 trees that are slated to be cut down.

In August, the Chatham Township Environmental Commission had written a letter stating that it was unclear from Oak Knoll’s written plans exactly where the water from the site’s infiltration basins would ultimately discharge. The Commission also asked if the sizing of the subsurface storage and infiltration basins took into account the water that would be lost through evapotranspiration from the planned removal of approximately 800 trees on the site.

The Commission also requested that functional shade trees become part of the landscaping plan. The original landscaping plan was concerned only with forming a visual buffer between the fields and Green Village Road. The Environmental Commission cited the need for shade trees along the field peripheries and in the parking lot. The Chatham Township Tree Commission offered to work closely with the applicant on replacement of trees.

Based on the lack of plans for islands of trees in the parking lot, it appears that the school has not, or at least not yet, consulted the New Jersey Department of Environmental Protection’s Best Management Practice Guide to minimize sheet flow runoff.

Exceptional Resource Value Wetlands on Loantaka Lane South - September 2002

Chatham’s third piece of land use news also comes from the more rural Green Village section of the Township. An applicant requested a Letter of Interpretation from the DEP on the extent and classification of wetlands on the former Stan Medina property on Loantaka Lane South. The project called for subdividing the parcel into 2 new lots, plus redeveloping the existing house.

The neighbors hired an environmental consultant who identified a threatened and endangered species on the tract. State law requires that wetlands which are habitat to endangered species be classified as "exceptional resource value." Exceptional resource value wetlands must have a 75 to150 foot buffer, as opposed to the intermediate resource value wetlands buffer of only 25 to 50 feet. The larger buffer means that the extent of development will be substantially reduced.

Storm Water Concerns for Oak Knoll’s Proposed Playing Fields - June 2002

In late June, Oak Knoll School was scheduled to present to the Chatham Township Planning Board further plans for its two proposed playing fields on 13.4 acres near Green Village and Shunpike Roads. The current plan to fill wetlands and remove over 800 trees will make it difficult for Oak Knoll to meet Chatham Township’s "no net increase" in storm water runoff ordinance. The school has hired Princeton Hydro to perform storm water calculations. In February, Oak Knoll gave a nod to the storm water problem by submitting a revised proposal that saved 50 trees.

The New Jersey Department of Environmental Protection (DEP) seems to be firm on its retraction of its previously-issued wetlands violation notice for Oak Knoll. In January 2002, the DEP responded unfavorably to Chatham Township Environmental Commission’s September letter requesting reasons for the DEP’s retraction of Oak Knoll’s Notice of Violation (NOV) of the Freshwater Wetlands Protection Act. The DEP stated that it could not prove that two of the wetlands on the property had been connected by water flowing through a pipe. "Efforts to obtain supporting documentation, including photographs, were unsuccessful," said the DEP in the January letter.

In contrast, last year the DEP had found enough evidence of connected wetlands to issue the Notice of Violation, following a police report that someone had brought in a backhoe and crushed a pipe through which a culvert flowed between two wetlands on the Oak Knoll property and into a feeder stream of the Great Swamp. The culvert had apparently been piped years ago to allow a road to go over it. In June 2001, Oak Knoll’s consultant, John Crow, met privately with the DEP on the site. In apparent response to Mr. Crow, the DEP in July 2001 retracted its NOV and issued a general permit to fill the "isolated" wetlands.

Planning Board and DEP Consider Sterling’s Townhouse Proposal: Steep Slopes and Drainage are Key - June 2002

On July 1st, the Chatham Township Planning Board was scheduled to further deliberate the Sterling application to build townhouses on the 30-acre site near the intersection of Shunpike and Green Village Roads. Until the Planning Board gives final approval of the application, the legal suit brought by GSWA is stayed. GSWA filed a suit in December to appeal the Planning Board’s decision to bifurcate the approval process. GSWA maintains that the Board did not have the legal authority to decide last October to approve a steep slopes variance separate from the rest of the site plan.

The GSWA continues to make progress toward preserving the natural drainage system on the wooded site by ensuring that NJDEP is thorough in its permit review process. Sterling recently provided the required alternatives analysis to the DEP for its stream encroachment permit and for its dam permit. GSWA also recently submitted its own alternatives analyses to the DEP.

In March, the DEP had rescinded the water–lowering permit that was to allow Sterling to drain the pond to make a clay-lined detention basin. The Bureau of Freshwater Fisheries had found that "The permit was erroneously issued prior to any review of associated information regarding the scope and details of the entire project." The DEP specified that the functioning "lentic" ecosystem, formed by the existing stream, pond, and wetlands, should remain in place to slow flood waters and filter sediments and pollutants.

GSWA maintains that Sterling’s original plan for the detention basin would simply release 47 acres worth of untreated water into a pipe, which would hurtle it downstream through the Heyl property in the Great Swamp.

Superfund Status Requested for Rolling Knolls Landfill - April 2002

The Rolling Knolls landfill, which leaches contaminants into the ground and surface waters of the Great Swamp National Wildlife Refuge (GSNWR), may be on its way to clean up with federal Superfund dollars. In April, Governor James McGreevey sent a letter to the U.S. Environmental Protection Agency asking if the 187-acre site located off Britten Road in Chatham Township can be listed as a federal Superfund project. 42 acres of the site lie within the GSNWR boundaries.

Such a clean up would benefit not only the visitors and wildlife in the Refuge, but also the communities that receive drinking water from New Jersey American Water Company. A branch of Black Brook runs through the toxic landfill, and the Loantaka Brook runs about 2000 feet from it. Eventually the water in these brooks, like all water in the Great Swamp, flows out the Millington Gorge into the Passaic River, the source of some of New Jersey American’s water supply.

Rolling Knolls operated in the 1960s as Chatham Township’s municipal dump and as a pharmaceutical dump. Contaminant outflow is a common occurrence from waste sites that were created before "sanitary" landfill regulations. New landfills must be lined with an impermeable layer at their bottoms, so that liquids remain on site. In addition, sanitary landfills pump up the "leachate" from the bottom, clean it and release relatively pure water back into local ecosystems.

EPA records on the Rolling Knolls site date back to 1981. Some investigation of the spread of contaminants off-site took place in 1984. Then in 1989, the U.S. Geographical Services performed a more detailed study, revealing that pharmaceutical waste was still leaching off the site. Many carcinogens were identified, including a barbiturate that can cause fetal malformations.

In 1997, GSWA got involved. Paul Fox, an environmental engineer, volunteered to compile all the government reports on Rolling Knolls. He wrote, "Contaminants found in surface and subsurface soil have been detected in off-site surface water, sediments, groundwater and fish." Fox concluded that chemicals from the dump had degraded surrounding environment beyond "regulatory standards."

The Environmental Protection Agency, at the request of GSWA, completed tests and a report on Rolling Knolls in 2000. It found that "low levels of mercury, PCB’s, and pharmaceutical compounds are present at the site, and these contaminants are leaching into the ground and surface waters."

A Superfund remediation would seal in or remove these chemicals, so that people and wildlife in the region would not be exposed to their harmful effects. The date or likelihood of a Superfund clean up is not yet known.

Watershed Association Appeals Planning Board Decision - Chatham Township, December 2001

On December 3rd, the Great Swamp Watershed Association filed a complaint with the state Superior Court in Morristown against Sterling Properties and the Chatham Township Planning Board. Sterling plans to build 56 townhouses on a 30-acre wooded parcel that is an aquifer recharge zone near the corner of Shunpike and Green Village Roads. The appeal raises procedural as well as substantive objections to the Planning Board's granting of a "C" variance on the steep slopes protection ordinance.

The Watershed Association contests a bifurcation of the site plan approval process. The Planning Board on October 1st, in accordance with Sterling's request, agreed to vote separately on a steep slopes variance before voting on the entire site plan. Then on October 15th, the Planning Board voted in favor of the steep slopes variance while leaving site plan approval for a later date. The Watershed Association contends that the Municipal Land Use Law of New Jersey allows splitting an application into two parts only for the purpose of granting "D" variances, and only for zoning boards of adjustment, not for planning boards.

The Watershed Association's goal for this 30-acre site is to minimize the townhouse complex's damage to the public drinking water aquifer beneath and to the flood-containing qualities of the vegetation and terrain. The Association also seeks to preserve as much of the natural beauty of the site.

The steep slopes variance makes stormwater runoff more difficult to control. There is a pond on the property which drains into the Great Swamp, and any additional runoff caused by the construction would endanger the "species and resources" in the Great Swamp National Wildlife Refuge, says the complaint. Steep slopes, once cleared of vegetation, cause much faster rates of stormwater flow and erosion. The township's ordinance protects steep slopes of 15% grade or greater. The Sterling land has slopes of 20-25% on two sides of the property.

In December 2000, planner John Thonet completed a report, on behalf of the Great Swamp Watershed Association, showing that Sterling could rearrange the

placement of townhouses to leave the steep slopes in tact and still fit in 56 units. Sterling and the Planning Board received written copies of the Thonet report, but have so far chosen not to adopt the more environmentally benign Thonet plan. Mr. Thonet formally presented his alternative site plan to the Planning Board in the spring of 2001.

Approval of the final site plan will depend heavily on stormwater issues. The New Jersey Department of Environmental Protection must approve Sterling's provisions for stream encroachment and safety of the dam that contains the pond on the property. Also, the Township Stormwater Consultant, Michael Bennett, must certify that there will be no net increase in stormwater runoff from the developed site as compared to its original, natural state.

Oak Knoll Athletic Fields before Planning Board - fall 2001

Oak Knoll School of Summit had it first hearing this October before the Planning Board on its proposal to build athletic fields on 13.4 acres off Green Village Road near Shunpike Road. The School received a New Jersey Department of Environmental Protection (NJDEP) permit to fill wetlands, after the DEP, in July, retracted a notice of violation on the crushing of a pipe in a culvert on the property through which water flowed from a wetlands to a feeder stream of the Great Swamp.

With evidence of the culvert buried, the DEP contended that the wetland was isolated, and issued a permit to fill the isolated wetlands. Permits to fill wetlands connected to streams are much harder to obtain than those for isolated wetlands. The Chatham Township Environmental Commission wrote a letter to the DEP in September, requesting reasons for the retraction of the notice of violation. The DEP has not yet responded to the letter.

The main issue still to be decided is compliance with the town's no net increase in storm water runoff ordinance. Meeting the township's stormwater management requirements will be difficult because the property, when developed, will lose much of its natural ability to store and absorb stormwater. First, the wetlands will no longer be there to hold water. Second, a large part of the heavy vegetation on about 4 acres of the site will be cleared, and with it, the land's ability to soak up water through tree and plant roots.

The school, based in Summit, has only one non-regulation field on its 7-acre campus, and says it needs the space for its field hockey, soccer, lacrosse and softball teams.

Kathy Abbott

Clean up of Toxics in Ground Water Continues at Kessler Site  - Chatham Township, July 2001

The New Jersey Department of Environmental Protection (NJDEP) reported in May that, since it began site
remediation in March 2000, it has recovered an estimated 2,588 gallons of free phase hydrocarbons that were floating on the ground water under the site of the former Hickory Tree Garage.  The layer of floating petrochemicals has been up to one foot thick at some of the monitoring wells, according to data taken from monitoring wells since 1995.  The carcinogenic chemicals found to violate the NJDEP Groundwater Quality Standards are Methyl Tertiary Butyl Ether (MTBE), benzene, toluene, ethylbenzene and xylenes (BTEX), and Tertiary Butyl Alcohol (TBA).

The DEP reported in July that the floating free product was removed by a vapor extraction system, and
that only a "sheen" was left.  The next step is ground water extraction, which Hickory Tree expected to begin in August, after replacement of a burnt out motor. The ground water is to be cleaned by a low profile air stripper and liquid phase granular activated carbon, and then discharged back into the aquifer on the Kessler property. 

To detect the extent of the contaminant plume, Hickory Tree Garage recently installed a new monitoring well behind the Chatham Hill apartments at the intersection of Hickory Place and Green Village Road, which is approximately 500 feet from the site.  A ground water sampling from this new well on March 30th, 2001
indicated no ground water contaminants had traveled to the well.

Yet MTBE has been detected at high levels at a closer monitoring well behind the apartment complex, and is therefore flowing under the apartments.  The DEP says, however, that the MTBE "does not pose an immediate human health risk, since the contaminant level is too low to pose a vapor threat to the area and there is no ground water use within this area."

The DEP also stated, "the Great Swamp is not at risk from the discharges at the former Hickory Tree Garage site."   This is in part due to the intervention of Chatham Township in 1997.  The Township did not
approve of the original DEP plan to discharge the treated ground water into the storm sewer.

State Green Acres Grant Approved for Chatham - Chatham Township June 2001

On Monday June 4, the NJ State Senate approved a Green Acres funding bill that would grant Chatham Township $500,000.  The township expects to use some of its Green Acres funds by the end of this year to acquire three lots totaling 35 acres off Green Village Road. The New Jersey Conservation Foundation has held this open space for nearly a decade, with the purpose of eventually selling it to Chatham.  The transaction will be a "bargain sale," in which the foundation sells the land, which has a total assessed value of $578,500, to the township for only  $300,000.  Since the state Green Acres Grant pays up to 50 percent of the assessed value, or about $290,000, all the Chatham would have to pay from its own budget would be about $10,000, plus the costs the Foundation incurred from holding the property.

Chatham Attempts to Preserve Side Yard Size - April 2001

In April, the Chatham Township Committee had introduced an amendment to preserve current yardsizes. The need for such an amendment arose from the current trend to redevelop existing lots to the maximum building envelope allowed by current building ordinances.  The amendment proposed to increase side yard setbacks in the predominant half-acre R-3 zoning areas to a combined 40 feet, instead of the current 30
feet.  The amendment did not pass, because of concerns that it would put too many existing homes out of conformance.

The Planning Board then decided to review the legislation, in order to reintroduce it in a more palatable form.  Such an amendment is designed to preserve Chatham's ability to absorb its storm water and recharge its aquifers, as well as preserve the rural aesthetic character of Chatham.

Sterling Proposal Approaching Compliance with Ordinances   - Chatham Township, March 22, 2001

Sterling Properties proposal to build 56 townhouses near the intersection of Shunpike and Green Village Roads in Chatham Township made some headway this winter.  The township engineer and the engineer for Sterling seem to have come to general agreement on how to meet the requirement for no net increase in storm water runoff.  One problem included in the calculations is the very large amount of storm water flowing onto the site from two neighboring tracts.  Another variable is how much flood storage area to allocate for an earthen dam on the site, which the New Jersey Department of Environmental Protection expects to define as "Class 2."

The planned development, which in its original form four years ago required many types of variances, now requires only steep slopes variances.  Planning Board members have suggested at recent meetings that the project can be redesigned to bring it into compliance with the steep slope ordinance as well.

Chatham Township to Buy Riverwalk Open Space Tract - March 9, 2001

The Chatham Township Committee passed an ordinance on March 9 to purchase 11 wooded acres on River Road.  The tract would form a "riverwalk" link n the planned Heritage Greenway, a proposed walking/biking path running through the township.

The property is valued at $240,000, and is owned by Joan and Frank Blatz, Jr., Phyllis Dolin, Elizabeth Puglio and Andrew and Suzanne Herron. An $81,000 grant from the Morris County open space fund and money from the township's Green Acres grant will go towards the purchase of this property.

Chatham Township Intends to Buy 2 Tracts for Open Space - January 25, 2001

The Chatham Township Committee introduced ordinances on January 25th, to purchase two parcels of land totaling about 12 acres. Both parcels would form links in the planned Heritage Greenway, a proposed walking/biking path that would run through the township from border to border. A public hearing and vote on the proposals will take place February 8th.

One property is 11 wooded acres on River Road, along the Passaic River. The other tract is 1.25 acres at 425 Southern Boulevard, adjacent to the Great Swamp National Wildlife Refuge and not far from the township-owned Nash Field extension parcel.

The larger tract is valued at $240,000, and is owned by Joan and Frank Blatz, Jr., Phyllis Dolin, Elizabeth Puglio and Andrew and Suzanne Herron. The smaller tract is owned by Melody Motto, and has not yet been assigned a fair market value.

Funds for the purchases will come from the county open space fund, a Green Acres bond and the township's open space fund.

Discussion on Wetlands Included in Review of Plans for Athletic Fields--Chatham Township - January 16, 2001

On January 16, Chatham Township Planning Board Chair Martha Hellriegel said that Oak Knoll School's plans for athletic fields off Green Village Road were under review by Marshall Frost, the consulting engineer for the Planning Board.

Oak Knoll had applied to the DEP for a permit to fill in what seemed to be "isolated" wetlands. But the DEP has determined that the wetlands are not isolated and is discussing possible solutions with the school. It is relatively easy to get a permit to fill isolated wetlands. Wetlands interconnected with other wetlands are protected much more carefully by the DEP.

The most recent plan for the fields is changed slightly from the one submitted last July. The number of softball diamonds is reduced from two to one. A full sized track encircling a soccer field now replaces tennis courts. The number of parking spaces went down from 74 spaces to 60.

The only buildings proposed for the 13.4-acre tract, are a 1,200 square foot pavilion for use as an office and restrooms, and a 1,800 square foot covered shelter. The school, based in Summit, has only one non-regulation field on its 7-acre campus, and says it needs the space for its field hockey, soccer, lacrosse and softball teams. Bettina Hummerstone, Head of the school, said Oak Knoll still anticipates sharing the fields in some way with Chatham Township.

Sterling Townhouse Proposal Faces Storm Water Problems - Chatham Twp.

On December 18th, the Chatham Township Planning Board discussed the storm water management plan for Sterling Properties' proposed 56-unit "Rose Valley" townhouse project on the former Tublitz estate near the corner of Shunpike and Green Village Roads.

Rocco Palmieri, engineer for Sterling Properties, said that Sterling's stormwater management plan would reduce the stormwater runoff from the 30-acre site by 25 percent, and that Sterling would comply with the township's stormwater management plan and Department of Environmental Protection regulations on wetlands, streams and ponds.

But two major problems with excessive runoff from neighboring properties still have to be dealt with. The adjacent development on Rachel Avenue in Madison has a drainage system that dumps water onto the Sterling properties site via a cement headwall. This storm sewer outlet has created a huge erosion problem on the Sterling land. In addition, sheets of rainwater flow from the Madison Golf Club onto the lower lying Sterling tract.

Another water problem is presented by the existing earthen dam that now creates a pond on the property from a small stream. The dam will have to be reinforced and classified by the DEP for flooding hazard. If the DEP labels the dam Class 2, it will need a larger area for flood storage and the number of townhouse units will have to be reduced from 56 to 54.

Over the past four years, Sterling has reduced the number of proposed townhouses from 122, to 96 to the present 56. They have also significantly reduced the number of variances required, especially height variances and steep slopes variances. The size of the individual townhouses, however, has grown with the reduction of the number of units proposed. At the Planning Board meeting on December 18, Mr. Palmieri said that the 56 individual townhouse buildings were larger than the original 122 units proposed in 1997, but that the total impervious coverage was less. Mr. Palmieri promised to deliver to the Board exact numbers on the net gain or loss in building size.

Kessler Site in Chatham Township Leaking MTBE and Benzene into Groundwater

The New Jersey Department of Environmental Protection (NJDEP) recently notified Chatham Township that the carcinogenic petrochemicals MTBE (methyl tertiary butyl ether) and benzene have been seeping into the groundwater and migrating from the construction site of the Kessler Assisted Living Facility on Southern Boulevard near Hickory Tree Mall in Chatham Township.

The DEP's Bureau of Underground Storage Tanks stated in a letter that Hickory Tree Garage, the former occupant of the Kessler site and the party responsible for the clean up, has not met the conditions of the Remedial Action Workplan that the DEP had approved in 1997. Specifically, Hickory Tree Garage "failed to initiate" the required "monthly sampling of effluent discharge and quarterly reporting" of results from groundwater test wells set up on and off the site.

Despite problems with monthly sampling, existing data supplied to the DEP show that a plume of MTBE extends at least as far as a monitoring well across the street from the Kessler Site and behind the Chatham Hill Apartments. MTBE, a gasoline additive that is now being phased out because of its danger to the drinking water supply, has been found at levels above the NJDEP Groundwater Quality Standards since the first reading from this well in July 1999.

To delineate the extent of migration of MTBE, the DEP in a letter dated January 2000 required Hickory Tree Garage to establish a new monitoring well downgradient from the monitoring well behind the apartments. In August, the DEP repeated the request, stating it "reserves the right to implement full enforcement measures."

So far, Hickory Tree Garage has not established this well, but in October it's environmental engineering firm, Resource Control Corporation of Rancocas, NJ, promised that it would install a well down gradient from the well behind the apartments by December 30, 2000.

Groundwater monitoring data that Hickory Tree Garage supplied to NJDEP in recent years indicate that MTBE has been found at high levels in a monitoring well at the edge of the property bordering Southern Boulevard since monitoring records began in 1995. Benzene has been recorded at dangerous levels at a monitoring well just across Southern Boulevard since 1996. On site, both these chemicals have been found at unacceptable levels in ground water monitoring wells at various times in the past several years.

It is likely that construction activities have increased the flow of hazardous chemicals to downstream neighbors. Kessler received final site plan approval for its project in July 1999, and subsequently the readings at the monitoring well behind the apartments registered MTBE levels at two and three times the pre-construction reading.

If MTBE is traveling downgradient of the apartments, it enters the Great Swamp National Wildlife Refuge, placing at potential risk plants, wildlife and visitors in the Refuge. In addition, it raises the specter of contaminated public drinking water. MTBE has proven resistant to removal from drinking water. The Great Swamp is the headwaters of the Passaic River, which is a source of drinking water for customers of the New Jersey American Water Company. New Jersey American Water Company serves Chatham Township residents, including Kessler's eventual tenants.

Resource Control Corporation, in a Groundwater Quality and Remedial Action Progress Report for the Hickory Tree Garage/Kessler property, reported to the DEP that building contractors for Kessler have "destroyed or otherwise made non-accessible" four groundwater quality monitoring wells on the site.

Despite this loss, Kessler is continuing with construction, and expects to be finished by spring 2001. Ms. Marianne Langan of Kessler Assisted Living Residence I, Juniper Partners, Montclair, NJ, has received copies of correspondence between the DEP and Hickory Tree Garage.

Oak Knoll Considers Environmental Issues in Athletic Fields Plan - Chatham Twp., July 17, 2000

At the meeting of the Chatham Township Planning Board on July 17, the Oak Knoll School showed a new sensitivity to environmental issues in its design of proposed athletic fields off Green Village Road. The school's engineer, Stanley Omland, said that the development of 13.4 acres of open space into athletic fields would "respect" the Great Swamp National Wildlife Refuge.

The school is making an effort to reduce storm water run off by designing the irrigation and drainage systems of the fields into an "under drainage system, recharging surface water into the ground." In addition, the parking lot, rather than being an impervious blacktop, would be gravel.

Another example of this respect for the environment is that the school obtained from the New Jersey Department of Environmental Protection (DEP) a Letter of Interpretation regarding wetlands for each of the five different parcels to be used for the facility. Olmland said that there is a small area of wetlands in the center of the complex that would be negatively impacted, but that he was "positive we will get the permits" from the DEP to build.

A tree survey presented at the meeting showed five specimen trees—three beeches, one red oak and one tulip.

Southern Boulevard School Water Drainage Plan OK'd - Chatham Twp., July 17, 2000

On July 17, the Chatham Township Planning Board gave conditional approval to the Board of Education's drainage plan for its new addition at Southern Boulevard School. The roof drainage and groundwater plan is an infiltration-retention design, composed of dry wells and a retention basin. Conditions still to be met were additional borings for soil permeability and a maintenance plan for the retention basin. The retention basin will be built behind a new parking lot, which will replace an existing playground to the right of the school.

Sterling Properties Scales Down Townhouse Proposal to Fit Environmental and Building Ordinances  - Chatham Twp.

In July, Sterling Properties submitted another application before the Chatham Township Planning Board to develop thirty acres at the intersection of Shunpike and Green Village roads. This time Sterling proposes building 56 luxury townhouses on this land formerly known as the Tublitz property, a vast reduction from the 122-units it first proposed over three years ago.

The new proposed townhouse complex, called Rose Valle, also adheres more closely to the Township's building codes and environmental ordinances than Sterling's previous plans. Rose Valle would require no height variances, would involve much less construction on steep slopes, and would destroy fewer trees.

Over the past few years, neighbors and the vigilant Township Committee played a major role in scaling down the urbanization of this 30-acre wooded tract.

Deer Park Application Denied - Chatham Township

On June 15th, the Board of Adjustment of Chatham Township denied the use variances requested by Deer Park, L.L.C, to expand its offices and parking lot at 700 Shunpike Road. The Board found that the intensification of use in a residential zone was not warranted, despite Deer Park's promise to grant a conservation easement and adhere to the township's strict environmental codes when expanding the parking lot.

The medical technology business is located in a residential zone and has been permitted to operate there thanks to a conditional use variance given to former tenant Transworld Radio, a non-profit institution. The Board of Adjustment had ruled in 1990 that the office space on the property should consist of only the current office building, and not the two former residences on the property. In addition, the Board had limited the number of employees that use the parking lot to 65. In its most recent application, Deer Park asked to renovate the residences as office space, and to double the number of employees and parking spaces.

Oak Knoll School Seeks to Change Zoning for Green Village Road Fields - 
Chatham Twp.

On April 27, representatives of the Oak Knoll School of the Holy Child in Summit asked the Township Committee about the possibility of changing the zoning for its 11-acre property off Green Village Road. Most of the land is zoned residential, with 5 acres zoned PI-2 commercial. Oak Knoll's attorney John W. Cooper of Cooper, Rose and English of Summit, said that recreation fields were a permitted conditional use in the residential zone, but not in the PI-2 zone.

Committeewoman Abigail Fair said that if recreation fields are not permitted in a PI-1 zone, it was an oversight in the recent revisions to the zoning in the master plan. The Township Committee told Oak Knoll that the issue would best be resolved by the Planning Board.

This rezoning discussion marks a turnaround from March, when the school announced it was giving up its plan to build athletic fields on the property and would sell the land. School officials had said then that there were too many building restrictions. The school had discussed with Chatham Township problems with traffic, noise pollution and storm water runoff.

Not only are Oak Knoll's athletic field plans rolling ahead again, it is now reportedly trying to acquire an adjoining residential lot of about 1.5 acres to bring the total sports complex area to 13 acres. The school intends to build a parking lot, and four athletic fields, two for softball, one for field hockey and one for soccer. An all-weather track would surround the soccer field.

Chatham Township Committee Debates Buying Wetlands as Open Space

On April 27, The Chatham Township Committee debated the merits of using the open space tax fund to purchase wetlands. The issue is whether the building restrictions in the NJ Freshwater Wetlands Protection Act would preserve wetlands as permanent open space even while the acreage is held by a private landowner.

Deputy Mayor Susan Hoag raised the issue in relation to prioritizing the properties up for acquisition by the township's open space fund. Mayor L. Thomas Patterson and Committeeman Fred Pocci voiced concern over buying wetlands that are "not developable."

Committeewoman Abigail Fair asserted that owners of wetlands properties do circumvent wetlands protections. She said, "a house is going up in Green Village on exceptional value wetlands, because the owner appealed."

Hoag added that buying wetlands is an efficient use of tax payers money, because they are priced more cheaply than non-wetlands.

Hoag added that buying wetlands is an efficient use of tax payers money, because they are priced more cheaply than non-wetlands.


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