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Planned Office Development Ordinance of Florham
Park - September 2002
Madison, Chatham Twp and Chatham Borough continue their appeal
in County Superior Court challenging the Planned Office
Development (POD) ordinance of the Borough of Florham Park. The
POD ordinance, passed without deliberation on March 19, will guide
development of the 475 acre former Exxon property at Park Avenue.
The legal action was considered by the three towns to be the only
remaining option in order to protect against overdevelopment of
the site, which would increase traffic on residential roads, allow
60% impervious coverage—with complete disregard for protecting
re-charge soils--and provide a major incentive for the developers
to seek and obtain a new Rt. 24 connector.
Madison will host a public meeting on September 25 to provide
information on the potential impact and to hear input from the
public. Featured speakers include Ernie Cicconi and Dr. George Van
Orden, of the Madison Environmental Commission, Chatham Council
President Dick Plambeck (the former Property Manager for the Exxon
site) and Borough Attorney Joseph Mezzacca.
Widely acknowledged to be a non-partisan issue, current
"responsible development advocates" include elected
Borough Officials from both the Democratic and Republican parties.
Land use, especially the Exxon development, has become the focal
point of Council elections to be held in November. Both political
parties are seeking and receiving input from legal, planning and
environmental experts.
Note: Although the former Exxon site does not lie with the GS
Watershed, substantial impacts to the Watershed would be inevitable
if the POD remains in it’s current form and development is allowed
to proceed as established in the ordinance.
Stricter
Controls on Storm Water Management - July 2002
In July, Madison’s Borough Council enacted stricter controls on
storm water management and development on steep slopes by passing
new sections of it’s Land Use Ordinance. (Much of Madison’s
sloping terrain lies within the Great Swamp Watershed.) Based on
model ordinances drafted by the Ten Towns Committee, the ordinances
were carefully reviewed by both the Planning Board and by outside
environmental advisors. Additional definitions, including
definitions of a "Dell" are already expected to be added
by addendum.
Sub-division
Modification - July 2002
Madison GSWA members were pleasantly surprised earlier this
summer to hear of an unexpected outcome regarding a sub-division in
the watershed. Two adjoining large properties had previously been
approved for sub-division into 5 individual lots. Opposing neighbors
had unsuccessfully attempted to block the approval. In July, it was
announced that agreement had been reached on the sale of the new lots to
one of the neighbors and the Planning Board modified its
sub-division approval to accommodate re-drawn lot lines. While the
long-range development outcome is unknown, it is expected that
(because of the input GSWA members provided to the neighbors at the
time of the original sub-division application), more responsible
development will result.
Monster
Mansions Curtailed - July 2002
Monster Mansions (resulting from very large homes replacing
existing homes in older neighborhoods) have been curtailed to a
great degree in Madison thanks to enactment of new building
requirements. At a public meeting held in the spring, residents
expressed exasperation at the trend of developers to tear down
existing homes and replace them with very large new homes, often out
of character with the neighboring homes. Enactment of limits on
principle building size were met with applause by residents and land
use advocates.
Madison and other Municipalities File
Suit over Redevelopment of Exxon Site – June 2002
Madison, Chatham Twp and Chatham Borough joined together in May
to file an appeal in County Superior Court challenging the Planned
Office Development (POD) ordinance of the Borough of Florham Park.
The POD ordinance, which Florham Park passed without deliberation
on March 19, will guide development of the 475-acre former Exxon
property at Park Avenue.
Officials and residents of the three towns, as well as those from
Morris Township, Harding, and other surrounding communities, had
attended the Florham Park Borough Council meeting on March 19th to
request the Council reconsider the ordinance and incorporate changes
to ensure a more environmentally and regionally-friendly development
outcome. Despite three hours of testimony, including testimony from
two planners, the Council passed the ordinance without discussion.
The legal action was considered by the three towns to be the only
remaining option in order to protect against overdevelopment of the
site, which would increase traffic on residential roads, allow 60%
impervious coverage, pave or build over groundwater re-charge soils,
and provide a major incentive for the developers to seek and obtain
a new Route 24 connector. The case is pending in Superior Court and
no date is yet set for hearing.
Although the former Exxon site does not lie with the Great Swamp
Watershed, substantial impacts to the Watershed would be inevitable
if the POD remains in its current form and development is allowed
to proceed as established in the ordinance.
New Ordinances Address Stormwater Management
Meanwhile, Madison’s Planning Board has moved forward two new
ordinances related to sustainable development. Storm water and steep
slopes ordinances are now before the Borough Council and are
expected to be voted on in the next few weeks. Based on model
ordinances drafted by the Ten Towns Committee, the ordinances have
been carefully reviewed by both the Planning Board and by outside
environmental advisors.
Madison
Matters and GSWA Hire Planner to Review Proposed Exxon Development
- March 13, 2002
GSWA and land-use group Madison Matters joined forces in January to
hire a planner to review the proposed development of the former
Exxon site. Though the site,
which lies mainly in Florham Park, is not located directly within
the Great Swamp Watershed, potential large-scale development
(including up to 2.1 million square feet of office space and a
possible connector to Rt 24) will have definite impacts to the
region, including the watershed. The groups have successfully
coordinated with town officials from Madison, Chatham Borough,
Chatham Township and Morristown to review and comment on Florham
Park Ordinance 06-01, a Planned Office Development (POD) Ordinance
which will guide development of the property. The neighboring
towns hope to persuade Florham Park's Council to delay voting on the
POD until it is improved. Their goal is to mitigate the
potential negative impacts of the development, including increased
traffic and transportation congestion, environmental impacts --
especially to wetlands, water quality and quantity, public safety,
loss of open space, and other concerns. For more information,
visit www.rosenet.org/seamless.
Madison Matters, SEAMLESS and Others Address Development of
Former Exxon Site - 2001
Madison Matters is collaborating with SEAMLESS and other
citizens groups, including The Great Swamp Watershed Association,
to understand and educate citizens about the proposed development
of the former Exxon site. Though the site is not located
directly within the Great Swamp Watershed, its potential
large-scale development --including up to 2.1 million square feet
of office space and a possible new connector road to Route 24--
will have definite environmental impacts to the region, including
the watershed.
This fall the groups successfully coordinated with town
officials from Madison, Chatham Borough and Chatham Township to
gain Florham Park's agreement to a 60-day delay in a vote on
Florham Park Ordinance 06-01, a Planned Office Development
Ordinance that will guide development of the property. The
60 days will allow for a review of the ordinance and for
clarification of its provisions, as well as for revisions that may
improve it. The goal is to mitigate the potential negative
impacts of the development, including increased traffic and
transportation congestion, loss of open space, environmental
damage to wetlands, water quality and
quantity, as well as public safety, and other concerns. For
more information, visit www.rosenet.org/seamless.
Planning Board Decisions Leave Madisonians Scratching Their Heads
- 2001
In December, Madison's Planning Board voted twice within a week
on fundamentally similar sub-division applications, but, with
apparent inconsistency, decided to approve one application and
deny the other.
Watershed members had closely watched the hearings for
subdivisions of two large residential properties, one for Block
4402 Lots 4 and 35 (Midwood Terrace and Green Avenue), and one for
Block 4903, Lot 10
(Dellwood Pkwy South). Both are within the watershed, both are
heavily wooded with steep slopes, both would require
significant re-grading, both involve prime aquifer recharge
soils, and both involve downhill neighbors who testified about
existing water problems. Conflicting testimony from engineers regarding the efficacy of proposed stormwater
management techniques and systems were also common to both. Additionally, both hearings involved significant
testimony from professionals and residents in opposition to the applications.
Residents familiar with both applications were perplexed about how the Board could reach such different conclusions,
especially given that the Board had publicly expressed similar concerns and doubts about both
plans.
Judy Kroll
Shade Tree Debate Quietly Resolved
- Madison, August 2001
After nearly a year of sometimes boisterous debate involving
citizens, members of the Madison Shade Tree Authority, the Mayor and
the Borough Council, the controversy surrounding the re-naming and
re-alignment of Madison's all-volunteer shade tree organization was
quietly resolved this spring. The Borough Council voted unanimously
to adopt an ordinance drafted by the Shade Tree Authority (after the
original one drafted by the Mayor was scrapped), renaming it the
Shade Tree Management Board and keeping its organizational
structure, scope of responsibilities and authority largely in place.
The discussions focused attention on the exceptional work of the
Authority, and brought to light that the program has received more
than one grant from the State of New Jersey. The State often
references Madison's all-volunteer group as a model when assisting
other municipalities to start a shade tree board.
SEAMLESS
- Madison, August 2001
Several Madison residents, along with residents of Chatham
Borough, Chatham Township, Morris Township, Hanover, Long Hill
Township and other municipalities, continue to gather and share
information regarding regional development in southeast Morris
County. SEAMLESS (the SouthEast Morris League for Strategic
Solutions) seeks to understand, share information and offer
solutions to mitigate the negative impacts of regional development,
including increased traffic and transportation congestion,
environmental impacts -- especially to wetlands, water quality and
quantity, public safety, loss of open space, and other concerns.
Commercial development approved in southeast Morris County during
1999 and 2000 exceeds 5 million square feet; and in the County as a
whole, an astounding 11 million square feet has been approved. Among
the planned activities of SEAMLESS in the fall are educational
presentations to local groups and advocacy through public meetings
of municipal bodies. Visit the website for more information:
www.rosenet.org/seamless.
Residential Subdivisions Troubling
- Madison,
August 2001
Watershed members are closely watching three applications
currently before the Madison Planning Board. Two involve
subdivisions of large residential properties within the watershed
with steep slopes and all three involve properties lying within
prime aquifer recharge areas of the Borough. Testimony is continuing
on the first, involving Block 4402 Lots 4 and 35 (Midwood Terrace
and Green Avenue), and is expected to be extensive, as neighboring
residents have secured professional experts to testify to already
existing storm and ground water problems. The second application, Block
4903, Lot
10 (Dellwood Pkwy South), will likely begin in September.
The third application before the Board involves Block 4501 Lot 3,
a property on Garfield Avenue between Green Avenue and Green Village
Road, owned by the Madison Baptist Church, which hopes to build a
residence for an assistant pastor. Neighbors downslope of that site
have already voiced concern over increased storm water runoff and
cite existing water problems on their properties.
A First for Madison -- Conservation Easement
Granted - August 2001
Madison residents Ben and Lois Wolkowitz, whose residential
property at 32 Dellwood Drive lies
within the watershed, have placed a conservation easement on their
property, deeded to GSWA. The family has transferred the development
rights for 1.35 acres of the 2.56 acre lot to the Association,
ensuring that the aptly named Dellwood property, which includes
heavily wooded dells from ancient glacial deposits, cannot be
subdivided and/or developed by a subsequent owner. The Wolkowitz's
desire was driven in large part by their concern about the continued
encroachment of development in the few remaining wooded lots in the
Borough.
Madison Matters -- Making an Impact
- August 2001
A citizen's group concerned with land use, open space, and
character of the town, Madison Matters will celebrate its first
anniversary this September. Founded by a group of residents alarmed
by the nature and impact of zoning and planning variances, the
group's leaders include Chris Hepburn and Judy Kroll, GSWA trustees
and veterans of land use battles. The positive impact of MM became
clear earlier this year when planning and zoning board members
included almost all of the group's recommendations in their
ordinance revisions. Particularly critical are storm water and steep
slope revisions, which have been discussed informally for some time
but have yet to be adopted by the Borough. It is hoped that these
surface water quality protections will finally and formally be
adopted by the Borough Council. Visit the website at
www.madisonmatters.org.
Madison Update - Swamp Watch -
March 2001
SEaMLeSS continues to gather information regarding regional
commercial development in Southeast Morris County. Founded initially
as a response to the sale of the former Exxon/Mobil property in
Florham Park and Madison (which lies near the Great Swamp Watershed
boundary in Madison), the Southeast Morris League for Strategic
Solutions seeks to gather and disseminate information related to the
planned/in progress construction of over 8 million square feet of
commercial development currently on the boards in the southern
portion of the county. Traffic, housing, pressures on schools and
other public services, pollution and loss of open space are some of
the primary areas of concern. The group continues to expand its
membership and currently consists of concerned citizens as well as
elected officials from 6 towns, the Executive Director of the
Tri-State Transportation Campaign, the President of TransOptions
(formerly Mcrides); a member of the Florham Park Environmental
Commission, and representatives from the Sierra Club, Great Swamp
Watershed Association, Ten Towns Great Swamp Watershed Committee,
and the Passaic River Coalition. Look for information on the
website: www.rosenet.org/seamless.
The Madison Borough Council agreed with a proposed ordinance
change by the Planning Board to rezone the Madison Golf Club, a
privately owned property that had originally been zoned as single
family residential. Members of the golf club petitioned the borough
to permanently designate the land as Private Recreational, hoping to
normalize the tax burden of the 26-acre site and to preclude any
developer from proposing to build homes on the site. Citing the
importance of the property as open space and as a prime aquifer
re-charge area, the Council agreed to publicly introduce the
ordinance at the Council's next regular meeting on March 26.
The latest example of a disturbing trend in
which landowners seek subdivision to build additional lot(s), will
come before Madison's Planning Board in April. Adjacent property
owners on Green Avenue and Midwood Terrace have applied to the
Planning Board to sub-divide each existing lot and yield 3
additional new lots. The existing properties feature steep slopes,
numerous trees and vegetation, and lie within Madison's prime
aquifer re-charge zone. The Technical Coordinating Committee has
reviewed the plans and made suggestions, including requesting
further details on storm water run-off, soil erosion, and a Letter
of Interpretation from DEP regarding the existence/non-existence
of wetlands. The TCC stopped short of requesting a full
environmental impact assessment.
Update 300 Madison Ave
- Madison, October 2000
An Appeal of the Madison Zoning Board of Adjustment decision on 300 Madison Avenue has been filed by neighbor Tom Ruegg, of Kitchell Road, Harding Township. Ruegg's property adjoins 300 Madison. The appeal, which will be heard by Judge Stanton on November 10 will consider both the May 2000 decision which approved subdivision of the property as well as the June 1999 decision which gave relief from a 1985 resolution relating to the property. The 1985 resolution memorialized an agreement by the property owners that there be no further development and that the remaining property be preserved as open space. Theoretically, the ruling could reverse both recent actions by the Board.
Council Moves to Reduce Shade Tree Authority Power
- Madison, June 2000
A move by the Borough Council to substantially reduce the power of the Shade Tree Authority has come under significant public scrutiny. A meeting in June of the Council at which the proposal was discussed was attended by nearly 100 Madison residents, all of whom were surprised and extremely concerned about the Council's proposed actions, as well as the lack of communication between the Mayor's office, the Shade Tree Authority and the public.
'Madison Matters' Update
- October, 2000
A group of concerned citizens from all over Madison has formed an organization called "Madison Matters." The organization came into existence earlier this year "to provide a counterweight to development pressures," according to its mission statement. "We are concerned about the special character of Madisonhow it looks and feels and about the average homeowner whose quality of life is threatened. And although change is inevitable, we believe we must not bequeath to future generations a Madison with significantly fewer open spaces, trees, and historic buildings."
The organization will monitor zoning variance applications, planning board cases and other land-use issues. Although not focused exclusively on the watershed, this group will be beneficial to GSWA in its tracking of Madison's zoning and planning.
To join Madison Matters, or for further information, call either Chris Hepburn at 973.966.0931 or Alice Wade at 973.966.1673.
Update 144 Loantaka
- Madison
Scorched Earth: On Monday, May 15, just three weeks after the Planning Board denied an application for sub-division at 144 Loantaka Way, developer Joseph DeMarzo demolished a century old manor house on the property to prepare to construct one new home. Adding insult to injury to the hundreds of Madison residents who opposed the sub-division for both historical and environmental reasons, DeMarzo then removed numerous large trees from the property. Witnesses were dismayed that several trees were removed for no apparent reason, forever transforming the lot from wooded to nearly clear cut.
Update 300 Madison Ave
- Madison
The Madison Zoning Board of Adjustment voted on May 15 to allow subdivision and 15 related variances on the property at 300 Madison Avenue. Despite compelling testimony related to both planning and environmental issues and unanimous opposition by neighbors in attendance, the Madison Environmental Commission, and the Harding Township Engineer, the Board voted to approve the application, apparently agreeing with the applicant's view that development on the land is inevitable. In approving the application, several conditions were imposed on the applicant related to improving groundwater re-charge systems and increasing a conservation easement to include an existing natural depression which currently acts as a re-charge zone. These conditions came as a direct result of testimony presented at prior meetings by engineer and planner John Thonet, who spoke on behalf of opposing neighbors.
Update on 300 Madison Ave
- Madison
The special meeting to continue the application of Samuel Masucci for subdivision and 15 variances on 300 Madison Avenue was to take place on April 6. However, the applicant failed to submit revised site plans before the meeting and the Zoning Board adjourned the hearing until May 15. The applicant had been asked by the Borough Engineer to submit revised site plans to include Topographical details of the site. The Board wants to review the plans as well as provide them to the Environmental Commission for review and comment. For more, see below.
Update on 144 Loantaka Way
- Madison
On April 4, the Planning Board heard testimony from Planner John Thonet, of Thonet Associates criticizing the proposed sub-division and variance application for 144 Loantaka Way submitted by builder Joseph DeMarzo. Thonet described the threat he saw to the R-1 zone, describing how more non-conforming subdivision applications could follow. Thonet also pointed out that, "Every single large lot in this zone has an historic structure on it", and reminded the Board that an applicant cannot be granted a variance when he/she has created their own "hardship". DeMarzo has claimed a hardship due to the fact that, if sub-divided, the resulting two lots would be too narrow to conform to the requirement for lot width in the R-1 zone. However, the existing lot fully conforms to the R-1 requirements. The lots only become non-conforming when the developer divides to get two from one.
The application has generated substantial public scrutiny of the Board and its proceedings. Over 100 residents have consistently attended meetings and the Mayor received over 350 letters opposing the application. The next meeting will be April 25 at 7:00 pm when the Board is expected to hear closing summations by attorneys representing opposing neighbors and the applicant as well as deliberate and vote on the application.
Madison Board of Adjustment Continues to Hear Testimony regarding 300 Madison Avenue
In March, neighbors of the proposed housing development at 300 Madison Avenue and the Great Swamp Watershed Association joined together at the Madison Board of Adjustment meeting to oppose developer Samuel Masucci's engineering and stormwater management plan.
Environmental engineer John Thonet testified on behalf of the opposition, providing a scathing review of the stormwater management plan and the site plan in general. Thonet cited numerous flaws in Masucci's stormwater management plan, developed by Engineer Richard Schommer, The problems include Schommer's plan to discharge polluted run-off directly into the soil of this prime aquifer recharge site, lack of complete topographical maps which would demonstrate the movement of stormwater in and around the site, and a proposed fill-in of an existing natural drainage depression.
In terms of preserving the town's historical and spacious residential character, Thonet pointed out to the board that it's desire to preserve the mansion by granting 15 variances for non-conforming lots adjacent to it would ultimately backfire because they would be encouraging the owner of the mansion to demolish it in favor of more non-conforming (but profitable) residential lots. Thonet termed the scheme "zoning by variance."
When the matter is continued on April 6, GSWA Attorney Dan Somers is representing the opposition, and will be cross examining the applicant's witnesses, who attempted to refute Thonet's findings.
Background on the development at 300 Madison Avenue:
In 1984, the Zoning Board of Adjustment of Madison approved the renovation of the former Enos Wilder mansion at 300 Madison Avenue into medical/professional offices. As part of the approval there was an agreement by the property owners that there be no further development and that the remaining property be preserved as open space.
Since that time the owner has attempted numerous changes to the property including the creation of a methadone clinic in 1990, a proposal for an 80-unit assisted living facility on approximately 3 undeveloped acres of the property in 1996, and a proposal for 7 single family homes in 1997. Each time neighbors organized successfully against this inappropriate development and the property has remained as it was in 1984.
In June of 1999, however, the Board released the owner from the restriction of "no further development" and opened the door to a developer, who has proposed dividing the property into 6 lots, retaining the office building and re-configured parking on one lot and building 5-single family homes on the remaining 5 lots.
Throughout the application process, the Madison Zoning Board has worked with the applicant to develop a site plan that is agreeable to both, but the result has been the need for 15 variances for the subject property, including numerous variances for lot size and width and a variance for impervious coverage (31% proposed vs. 20% allowable).
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