Town reports in the Archives are arranged chronologically.

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.

Jockey Hollow Top VI to Remain Open Space (Morris Township, Nov 3, 2000)

by Delia Smith

On November 3, 2000, Mayor Richard A. Watson announced that the Township of Morris had agreed in principle to purchase and permanently protect as open space a steeply sloping 58.2-acre tract of land on the western side of Route 202 in the southern portion of the township. The site, known as Jockey Hollow Top VI, is the township's largest vacant tract and had been the subject of ongoing hearings in which developer Harvey Caplan requested variances from the township's steep slope and tree cutting ordinances to build 24 homes on the property.

In a letter to support the acquisition, the Ten Towns Great Swamp Watershed Management Committee said, "The Jockey Hollow tract is one of the most environmentally sensitive parcels of land in the watershed." The Great Swamp Watershed Association had listed the property as the most critical land acquisition to be made in the Great Swamp watershed.

Protection of this steeply sloped property as open space will protect refuge water quality. The site lies immediately above headwaters for Great Brook, which is a prime feeder stream for the Great Swamp National Wildlife Refuge. Other supporters of the acquisition include the National Park Service, Harding Township, and Morris Land Conservancy.

Funding for the $1.7 million purchase of the property will come primarily from grants from the New Jersey Department of Environmental Protection Green Acres Program and Morris Township's Open Space Trust. The Great Swamp Watershed Association is applying for a Green Acres Program grant to be applied towards the purchase price.

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.

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.

Truce reached in tree dispute (Bernardsville, November 11, 2000)

A tentative settlement has been reached between Bernardsville and resident Alfred C. Eckert. Under the agreement, Eckert will drop his Superior Court case against the borough, and the borough would drop its municipal court case against him charging violation of the borough's tree-cutting ordinance.

On November 11, Bernardsville mayor Hugh Fenwick, Council President Jay Parsons and other town officials met on Eckert's estate to discuss plans to restore nine barren acres where Eckert had previously removed trees without a permit. Eckert flew in a landscape architect from England to discuss plans to create a proper British garden on the 9 bare acres. Borough officials were encouraged and "enthralled" by the plans.

Eckert also intends to present a new plan to the zoning board for a driveway on a still-treed part of his property. The new design will avoid removing any trees. His previous plan for a 900-foot driveway required removal of 27 trees.

Environmental Group Monitors Truck-Stop Runoff (Harding)

The Harding Township Environmental Commission (HTEC) is closely monitoring an Interstate 287 truck stop these days, studying an innovative underground system to remove oil and grit from stormwater runoff.

The system, called an oil/grit separator, was acquired with a $20,000 grant to the HTEC from the U.S. Environmental Protection Agency, and installed by the NJ Department of Environmental Protection and the Department of Transportation.

In use since September 1998, the system receives stormwater from the paved area of the truck stop, swirls it in a chamber to separate out the grit, then passes the water through a separator that allows the oil to float to the top while clearer water is discharged below. The clearer water is then purified by a sand filter.

The HTEC grant also provided for the acquisition of automated sampling equipment and for laboratory analysis of samples taken during heavy rains. The HTEC has monitored three significant storms since May 1999, with dramatic results. Samples of stormwater taken as it flows off the parking lot contain many suspended and settleable solids. After treatment in the oil/grit separator, levels of both sediment and petroleum hydrocarbons were reduced significantly - although visually, the water still appeared grayish rather than clear. After discharge from the sand filter, the water appeared to be virtually clear.

The larger significance of this project is that the two NJ agencies involved are eyeing the system for potential use at rest stops throughout the NJ interstate highway system. To that end, the DEP invited the HTEC to present the results of this project at a statewide meeting in June. The project won acclaim as an excellent example of how cooperative grants with environmental commissions can produce important results. In this case, a number of attendees expressed appreciation that they now had concrete data to help convince municipalities to require the use of sand filters for developments that include paved areas.

Township Committee Reviews Conditional Use Ordinance (Harding)

In June, the Township Committee held a public hearing at which it reviewed the Planning Board's recommendation to amend the Township's Conditional Use Ordinance. This recommendation addressed which Township roads were appropriate for conditional uses such as schools, nursing homes or churches; it was made as the first part of a complete review of the Ordinance undertaken by the Board.

The Township Committee approved the Planning Board's recommendation that conditional uses were appropriate only on collector county roads and state highways.

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.

Bernardsville tree-cutting case postponed (October 2000)

Bernardsville's municipal court case against Alfred C. Eckert, III of Ballantine Road has been postponed until November 20 at the request of attorneys for Eckert and the borough. Eckert has been charged with violation of the borough's tree protection ordinance due to work performed by a contractor last February. Thirty-six trees of four-inch diameter or greater were removed from the 8-acre lot by a landscape contractor as part of a massive garden restoration project.

An additional plan, to remove 27 trees from a Young Road parcel owned by Eckert, was rejected by the Shade Tree Commission last May. Eckert proposed removing the trees in order to make way for a new 900-foot driveway adjacent to a neighbor's property. The rejection was appealed before the Borough Council in June. The council denied the appeal but gave Eckert the option of bringing the driveway plan to the zoning board. If Eckert were to receive approval for the driveway from the zoning board, he could return to the council for a ruling on the tree-removal application. The Board of Adjustment began hearing the driveway proposal in October. Hill argued that the second driveway was necessary to allow an unfettered view of the grand gardens the Eckerts have planned, though some board members questioned what public good the driveway would serve. The hearing was not concluded on October 9, and will be continued on November 13.

Eckert, the chairman of the Florham Park-based GSC Partners, a $3 billion international investment firm, is the first borough resident ever to be cited under the 1992 tree-cutting ordinance which requires a permit to cut down more than 10 percent of trees on a tract. He faces a $1,000 fine and community service. Eckert said he has been advised that a permit was probably not necessary for what he did, and he says it is his right to do what he wants on his own property.

Eckert hired Princeton land-use attorney Henry Hill, and in July filed suit against the borough in state Superior Court, challenging the constitutionality of the borough's tree protection ordinance. That same month, he ran a full page ad in the local newspaper in which he stated: "The right to harvest and plant on one's own property is a basic right in the United States of America, inherent in fact in the ownership of property itself."

In 1993 Eckert and his wife Claire purchased the former Ballantine home, a 1902 Greek-Revival mansion, and 8 acres. Thirty additional acres, the Young Road parcel, were acquired later. Eckert commenced a massive renovation project to return the property to its original turn-of-the-century appearance. The original carriage house on the property, restored by the previous owner, was demolished early in the project. Eckert received a variance in 1999 to construct a 12-bay garage on the original parcel of property. The Eckerts have planted 300 new trees on the tract so far.

Eckert said, "I'm certainly not going to stop this until the town allows me to do what I want to do."

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."

Plans for a New School Go to Bd. of Adjustment (Harding Township, October 2000)

Plans for a new school to be built on Sand Spring Road opposite the Morris Animal Inn have been filed by representatives of the Darcy School for consideration by the Harding Township Board of Adjustment. As "Across the Watershed" went press, what is known is that the plans include removing the existing buildings, subdividing two residential lots off the rear of the property, and dedicating the remainder of the property for the school. Harding Township recently changed its conditional use ordinance to require schools be placed on county roads; Sand Spring Road is a local collector street, not a county road. There is active community opposition.

Residents to Get Referendum To Hike Open-Space funding (Harding Township, October 2000)

This November, Harding residents will have a chance to go to the polls to add further support to Harding's highly successful Open Space Trust Fund (HOST). Harding residents first approved a 2-cents- per- hundred-dollars of valuation in late1996. After developing a set of explicit criteria for open space acquisition in 1997, Harding's Open Space Trust Committee has been actively involved in pursuing several acquisitions with significant impact on maintaining Harding's rural character. Recognizing the increasing potential for development in the area, Harding citizens requested, by popular petition, the opportunity to vote this Fall for additional funding to support an even firmer approach to preserving open space. The referendum, if enacted, would give the Township Committee discretionary power to add up to 3 cents per hundred dollars of valuation to the current 2 cents. As is currently the case, the additional Open Space Trust Funds could only be used for the direct purchase of open space in the Township. To date, HOST has spent or has committed to spend $660,000 to purchase nearly 40 acres with an estimated market value of well over $4 million. The referendum has broad support from various community groups.

Proposed Development Warrants Close Scrutiny (Long Hill Township, October 2000)

The Long Hill Township Planning Board in August was reviewing a project that requires our close attention. The applicant is proposing to merge three parcels, extend a roadway from the Autumn Crest development (aka Einsiedler Estate), and add several houses to an area that contains steep slopes, upland wetlands, and mature woods. This is a parcel that ought to remain undeveloped, but if that proves to be impossible, local residents and Watershed Association members need to monitor the project closely to ensure that the project meets all of the no-net stormwater requirements of Long Hill's ordinance.

Long Hill Sewer Ban Points Up System Stresses

The Long Hill Township Committee voted to impose a voluntary sewer ban effective August 14. They expect this ban to be temporary, perhaps for a year, while attempts are made to resolve the problems with the sewage treatment plant.

The plant has been routinely exceeding its daily flow rating during rain events, leading to the suspicion that stormwater is entering into the system. No fines have been levied for either volume or untreated sewage, but NJDEP officials warn that the excess loadings will stress the system and cause early failure. An engineering firm is studying the situation.

While it is tempting to view a sewer ban as something positive, many residents fear that this attention to the limited capacity might trigger an application for expansion of the plant’s capacity. There is tremendous pressure for commercial development and redevelopment along Long Hill’s Valley Road corridor. The plant’s effluent enters the Passaic River below the Great Swamp watershed, but there are still many properties, private and commercial, within the watershed that lie within the plant’s service area.

Long Hill should certainly not be singled out in this regard, but this is yet another case of the failure to have a master plan in place that holds development within the boundaries of the infrastructure. This issue should be watched closely, because any future expansion would surely trigger the "need" for yet another round of development. It could, as the saying goes, be déjà vu all over again.

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 Madison—how 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.

New Master Plan in Bernardsville (September, 2000)

A new master plan which recommends doubling the minimum lot size in environmentally sensitive areas of the R-1 5-acre zone will be presented on September 28 at the Planning Board meeting. This document, prepared by planning consultant David Zimmerman, would be the first new master plan for Bernardsville since 1978. If the Planning Board approves the new master plan, the Borough Council must adopt the plan to make it law.

The plan recommends increasing the minimum lot size to 10 acres in undeveloped sections of the R-1 zone, mainly northern and western sections of the borough. Some portions of the zone are on steep slopes, drain into trout production waters and are served by narrow roads, according to the planner.

The new plan also recommends eliminating conditional uses such as conference or management centers, religious retreats or private schools from estates of 20 acres or more. Zimmerman wrote, "Several of these conditional uses, if developed as permitted, may have detrimental impacts upon their neighborhood."

Currently Bernardsville has more than 700 acres of open space, including municipal, county, federal and privately held lands. The plan suggests encouraging open space easements and dedications from private holdings. It also urges using the Bernardsville open space tax to obtain easements to create a pedestrian path linking major open space areas.

As of 1998, Bernardsville contained 2,779 housing units and had a full build out potential of 3,322 homes under the current zoning. Zimmerman rates the potential for more residential development in Bernardsville as modest. Most of the potential for development lies on Somerset Hills Country Club property and neighboring land.

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.

Cutting Trees Results In Legal Thicket (Bernardsville, July, 2000)

In July, Bernardsville resident Alfred Eckert III filed a lawsuit in Superior Court in Somerville challenging the borough's tree protection ordinance on constitutional grounds. Bernardsville's tree protection ordinance regulates the cutting of trees outside existing homes. Last February a contractor hired by Eckert didn't obtain a permit for removing at least 36 trees with a diameter of four inches or more. Charges were filed against Eckert by the borough, and in June borough officials denied Eckert a permit to remove 27 more trees to install a driveway. Eckert and his attorney Henry Hill are currently engaged in a war of words with Bernardsville Mayor Hugh Fenwick and television journalist Bill Moyers, who is a neighbor of Eckert.

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.

Kimmerle Associates seeks variance to build duplexes (Morris Township)

Kimmerle Associates has presented a plan to the Morris Township Board of Adjustment to build four duplexes (eight homes) on a one-acre site adjacent to the Spring Brook Condominiums on Mount Kemble Road. The site, which falls within the Great Swamp watershed, is occupied by a single-family home that Kimmerle claims is deteriorating. In seeking a variance to the zoning, Kimmerle has asked for the Board's approval by reasoning that dense housing on small acreage is happening all over.

Residents of the condominium association and certain Board members are concerned about setting a precedent, whereby landowners on Mt. Kemble might seek variances in the future to develop dense, condominium-like complexes on land zoned for one/two family homes. Space for parking and stormwater runoff are also concerns at the site.

Jockey Hollow Top Six draws concerns of engineer, geologist (Morris Township)

Harvey Caplan's Jockey Hollow Top Six development bid before the Morris Township Planning Board is about to come to a close. Soil destabilization pictures taken by Harding Township engineer Robert Fox unearthed evidence that soil erosion continues on the already developed Top Five section. Concerns of soil erosion on the yet undeveloped Top Six portion of the project are rooted in the fact that the slopes there are steeper than those of Top Five, and therefore less likely to be controllable.

Mr. Fox's review of the engineering study presented by Mr. Caplan's engineer, Robert Kirkpatrick, portrayed the plan as full of holes. Perhaps never before has there been such conflicting testimony between opposing engineers. Areas of conflict included the impact of development on stormwater and soil erosion; downstream effects; the efficacy of current engineering technologies for building on steep slopes; and the volume of stormwater that would leave the site after development and its potential for causing problems.

An earth-shattering historical review of the Ramapo Fault by geologist Ralph Costa of CH2M Hill, a Philadelphia firm with offices in Parsippany, also helped to shake up the possible approval of Caplan's present proposal.

According to Mr. Costa, the land that Top Six would be developed on falls near the Ramapo Fault line. As a result of previous tremors along the fault, the bedrock is fragmented. If disturbed, for example by blasting, the bedrock may exhibit stress failure, leading to seeps, landslides and subsequent soil erosion that are not presently evident.

One person can make a difference: A citizen shapes a board decision (Morris Township)

An example of how one person can make a difference occurred at a meeting in which representatives of the AT&T building off of James Street came before the Planning Board seeking variances for work to be performed on their parking lot, entrance and delivery area.

A citizen at the meeting raised concern about approximately 600 parked cars and the petrochemical pollution that might occur from run-off into a storm drain system that emptied into Great Brook - a feeder stream of Great Swamp. The Planning Board seeing some merit in the questioning, asked the Township engineer to work with the representatives to find a financially feasible solution to retrofitting the storm drains.

The result: Oil separators will be used to help prevent contamination of Great Brook from petrochemical run-off. The message: Get involved, become a swamp watcher in your town AND remember: Just as one picture tells a thousand words, so too can one person make a world of difference!

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.

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.

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.

Bernardsville Council Introduces New Monster House Ordinance (May 18, 2000)

A new floor area ratio (FAR) ordinance was introduced by the Bernardsville Borough Council. The new ordinance uses a sliding scale within six lot size ranges to determine the allowable floor area ratio for residential properties. Mayor Hugh Fenwick said the new ordinance is "slightly more generous" than the current "monster house" ordinance, which allows a maximum FAR of 5 percent (6,534 sq. ft.) in the 3-acre zone (130,680 sq. ft.). In December 1999, the Community Builders Association filed a lawsuit in connection with the existing law, contending it is too restrictive.

Under the new ordinance, lots of 50,000 to 150,000 sq. ft. have a base FAR of 6,000 sq. ft. plus 4 percent of lot area above 50,000 sq. ft., which would permit a FAR of about 9,227 sq. ft. for a 3-acre lot. The top lot size range of 150,000 sq. ft. and larger would allow for a 10,000 sq. ft. base FAR, plus 3 percent for the portion of the lot in excess of 150,000 sq. ft.

The new law also limits impervious surface to 1.5 times the permitted FAR, plus a driveway allowance of 14 times the existing or proposed front setback.

There will be a public hearing on June 19.

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."

High Point Estates Sets High Standard for Development (Long Hill Twp., June 20, 1999)

The Long Hill Township planning board approved a plan to develop eight houses on what is perhaps the finest remaining parcel in Long Hill. The new homes, to be known as High Point Estates, will be built on heavily wooded three-acre lots along the mountain ridge of Long Hill Road, affording spectacular views that stretch some 20 to 30 miles to the north and south. That's the bad news. The good news is that the project is a model of developing with a lighter touch. The applicant, Michael Menza, worked closely with the Watershed Association, re-drawing the plans to meet virtually all of the goals of the Ten Towns model ordinance for stormwater! Steep slopes are being protected under Long Hill's strict ordinance, utilities will be placed under narrow, shared driveways, and with the exception of a 75-foot perimeter around each of the proposed houses, most of the remaining parcel will be protected by a conservation easement. A good community effort!

Another applicant proposed a single-home subdivision on Meyersville Road and was turned down by the planning board. The public raised issues of inadequate stormwater management, an oversized house for the neighborhood, and the fact that this would be a flag lot.

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.

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.

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. 

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).

Builder Plans to Disturb Slopes, Trout Stream; Great Swamp Group Objects (Bernardsville)

A proposal has been made by Tanchak Holding Co. of Boonton to raze an existing house and shed on an 8.4 acre lot in Bernardsville, near the headwaters of the Passaic River, and construct a new 8,000 sq. ft. single-family home. A stream on the property is classified for trout production.

A variance is being sought because the builder proposes to exceed the maximum percentages of slope disturbances allowed under Bernardsville zoning.

The Great Swamp Watershed Association has submitted a report from John Thonet, a South Orange planner and engineer, which outlines environmental concerns. Thonet calculates that about 2.74 acres of the property would have to be cleared for construction of the house, lawns, 800 foot driveway, pavement and septic disposal fields.

Also objecting are the Bernardsville Environmental Commission and Shade Tree Committee. The Shade Tree Committee report states that the application would have "a significant negative impact" on the environment and would cause destruction of hundreds of hardwood trees. The Environmental Commission stated, "The steep slopes on this property should not be violated by variances."

Oak Knoll School to Sell Land in Chatham

Oak Knoll School of the Holy Child in Summit has decided to halt a plan to create athletic fields on a 12- acre site it purchased in 1998 and 1999 along Green Village Road in Chatham Township. The school is now looking to sell 5.2 acres that is zoned for commercial use and 6.2 acres that is zoned for single-family homes.

In June 1999, former Mayor Joseph Reilly had announced that the township was working out a mutually beneficial agreement with Oak Knoll to use the athletic fields when the school was not. The township saw the deal as a way of preserving open space, as well as increasing the number of playing fields available to township residents.

The school's board of trustees decided to abandon the deal, because the township's restrictions hindered the solution to the school's "pressing need for athletic fields." During the fall and winter, the township's Planning Board had asked Oak Knoll to adhere to the no net increase in storm water run off requirements, increased traffic along Green Village Road, and noise pollution. Any "no net increase" storm water management plan would have had to contend with the additional impervious coverage from new tennis courts and the school's plan to remove many mature trees.

Land Inventory Shows Open Space Shrank by One Third (Chatham Township)

One of the main findings in an update of Chatham Township's Natural Resources Inventory (NRI) is that during an approximately 20-year time frame, the amount of vacant land in the township shrank by one third, from 1195 acres in 1978 to 1260 acres in 1997.

Keith Savell, a past chairman of the Environmental Commission, presented the update of a 1974 document at the Township Committee Meeting on March 9.

The local boards and the Township Committee can use the information when considering development applications, creating regulations on storm water management, and writing environmental impact statements.

Deer Park Expansion, Feb 24, 2000 (Chatham Township)

Deer Park, L.L.C., appeared before the Chatham Township Board of Adjustment in December 1999 and Februrary, 2000 to request further use variances at its 15-acre, residentially zoned property at 700 Shunpike Road. Deer Park seeks to expand the parking lot from 65 to 149 spaces, be allowed to increase its number of employees from 65 to 130, and to use two existing residential "cottages," as offices. The cottages are used for storage now.

In 1990, the Board of Adjustment had granted a conditional institutional use variance for 700 Shunpike Road in the residential zone, so that Trans-World Radio, non-profit religious broadcasting service, could sell its international headquarters there.

Soon after, Magla Products bought the property. The zoning board ruled in 1990 that Magla could use the property for offices if it had no more than 65 employees on the premises at any time. It also set normal working hours from 8 a.m. to 5:30 p.m. In addition, the Board said that the two former homes on the property could be used only for residential purposes.

In 1998, KMI, a medical research and development company, bought the property. Then recently, Deer Park, L.L.C. bought KMI.

Over the past two years the Board of Adjustment has vetoed requests to expand existing buildings.

The latest revisions of the expansion plans pay more attention to environmental preservation. Deer Park attorney Richard Schuminski said his clients plan to survey all trees of at least six inches in diameter in the area that would be disturbed, and agreed to have a conservation easement. In addition, Deer Park has promised to conform to the township's strict storm water management codes, and soil erosion and sediment plans. In the parking lot expansion, 58 trees would be removed and replaced with 182 new trees.

27 neighbors expressed opposition to the intensification of the commercial use in a petition to the Board of Adjustment in December. In apparent response, Deer Park now plans to keep night glare from the parking lot out of local residents' windows by constructing, a "solid wood" fence inside a border of foliage at both parking lots.

Schuminski pointed out at the February meeting that nine single-family homes could be built on the approximately 15-acre site. The Board discussed which would be worse, more traffic from the expanded business, or the possibly more intense use of the land from nine single-family homes

The Board of Adjustment heard the Deer Park case again on Thursday, March 16th

Township Open Space Tax Officially Hiked (Chatham Twp.)

On February 24, 2000 the Chatham Township Committee officially increased the open space tax from 1 cent to 2 cents per $100 of assessed value. Township voters had approved the increase in a referendum in November.

Deputy Mayor Susan Hoag said at the Township Committee meeting on Thursday, February 24, that the township is interested in buying conservation easements or fully purchasing between 25 and 30 properties. The properties would form links in the public greenway that is planned to run from the northern to southern borders of the township.

Chatham Township Improves Retaining Wall Requirements (Dec 2, 1999)

On December 2, the Chatham Township Committee passed an ordinance that tightens regulations on the construction of retaining walls. The new standards for outdoor walls and fences address public safety and the mitigation of problems with storm water runoff.

The part of the ordinance that relates most closely to the ecology of the watershed determines spacing of tiers in a tiered retaining wall. The "benches," which are the relatively flat areas between the tiered walls, must be properly graded to facilitate drainage.

Morris County Open Space Tax Raised (January 12, 2000)

On January 12, the Morris County Board of Freeholders unanimously approved a resolution raising the tax rate for county's Open Space and Farmland Preservation Trust Fund by half a cent. The hike brings the open space tax from 2.5 cents to 3 cents per $100 of assessed property value.

Under the new rate, the owner of a $200,000 home in the county would be assessed $60 per year, $5 more than last year.

In 1999, the trust fund raised about $11.8 million and is expected to generate $14.5 million in 2000. The county could fund only 18 out of 32 requests for municipal open space projects last year.

Since its creation in November 1992, the Trust Fund has helped save about 6,000 acres in the county.

Township Agrees to Reserve Sewer Capacity for Reckson (Chatham Twp., December, 1999)

On December 2, 1999, Chatham Township's Mayor Joseph Reilly announced that the township finalized an agreement with Reckson Associates Realty Corp. to reserve sewer capacity for construction of up to 750,000 square feet of office space on Giralda Farms. The agreement replaces sewer reservation agreements drawn up in 1991 and 1994. The new deal shortens the reservation period, requires earlier submission of sewer connection fees, and clarifies donation of the 23-acre tract known as the Loantaka Moraine.

Negotiations between the township and real estate companies over the 133-acre Chatham portion of the office park started more than twenty years ago. The Madison portion of the 370-acre commercial zone already has been built upon or approved for construction. Giralda Farms currently houses several Fortune 100 companies, including Schering-Plough, American Home Products, Maersk International and Atlantic Mutual Insurance.

In the deal, the township will gain money and the deed to a 23-acre wooded tract of land from Reckson. The money would be $1.5 million over 8 years to reserve sewer capacity for Reckson, plus sewer connection fees ranging from $3 and $6 per square foot, a far higher price than cited in the township ordinances. In addition, Reckson would pay $180,000 to reimburse Chatham Township for funds it expended to transfer a part if its affordable housing quota to Newark.

The 23-acre piece of land that Reckson will deed to Chatham is known as the Loantaka Moraine. The township's Environmental Commission and the Planning Board have sought to acquire it since 1981, since it is mostly wetlands and is located between two pieces of county parks land in the Loantaka Brook Reservation. It would provide a key link in the township's greenway plan, a biking/walking path slated to extend from the Loantaka county park at the township's northern border to the Passaic River county park at its southern border.

What the Great Swamp National Wildlife Refuge stands to get from the deal is, of course, overall not beneficial. The main detrimental effects of building the offices are that the Swamp will drink in 75,000 gallons per day of treated sewer plant effluent that the new buildings will require. The ecology of the Refuge will also be hit with non-point source pollution from the hundreds of additional cars and sport utilities that will travel the roads in the watershed to reach the new office buildings. Non-point sources include air pollution and drippings of oil, anti-freeze and other petrochemicals that wash into storm sewers. Furthermore, the new employees eventually would create pressure to build more housing in the watershed.

Yet the twenty-year delay in building on Chatham's piece of the former Dodge Estate has allowed for growing ecological awareness on the part of the public and some remarkable pro-environment legislation. The primary safeguard for the Swamp is the recently enacted township ordinance requiring "no net increase" in storm water runoff from new development. Also important, the township persuaded Reckson to agree to pay it $1 million for two water-monitoring stations to ensure the relative purity of the water as it leaves the sewage plant and enters a tributary of the Great Swamp. Any leftover funds from the $1million would be put into the township Open Space Trust Fund.

A key stipulation of the contract between Chatham Township and Reckson is that the township must take necessary action to obtain a Discharge Allocation Certificate (DAC) from the New Jersey Department of Environmental Protection (NJDEP) for one million gallons per day at its sewer plant. Currently the township has permission to discharge only 775,000 million gallons per day, and is already running at or over that level. The plant at Tanglewood Lane was expanded a few years ago to 1 million gallons per day capacity, but does not have the go-ahead from the DEP to use its expanded capacity. A new office complex would need some of that additional capacity.

Previously, Prudential Realty, the owner of the property prior to May 1997, had taken the position that the township should receive payments to reserve sewer capacity only after the DAC was obtained. Now, Reckson has agreed to start making a series of these capacity reservation payments to Chatham Township immediately, with the first payment of $150,000 already made in December 1999.

If the DEP denies the certificate, the township will have to reimburse Reckson for any funds it paid to the township. Also, the deed to the Loantaka Moraine and the $180,000 reimbursement for the affordable housing allotment would fall through, since they will be given to Chatham only after the first final site plan approval.

FERC Denies Pipeline Construction (December 15, 1999)

In a 3-2 vote, the Federal Energy Regulatory Commission (FERC) denied the joint application by Transco, Independence Pipeline Company and ANR Pipeline Company to build a 622-mile pipeline from the Chicago area to New Jersey.

Conditions for future approval are that all three companies must have proven customers for the gas that would be pumped through the new lines, and that the companies meet a list of 100 environmental standards.

Of the three partners, only Transco has a 100 percent purchasing commitment from customers for the 700 million cubic feet of gas per day that would be pumped from the Midwest to New Jersey. The Commission stipulated that Independence Pipeline Co. and ANR Pipeline Co. must secure contracts with nonaffiliated companies for 35 percent of their total capacity to get initial approval, and 70 percent of total capacity in order for construction to begin.

The 100 environmental standards set up by FERC are groundbreaking in the U.S. energy business. The environmental safeguards include that each company must post $1 million in bonds to pay for environmental damage, that environmental contractors must monitor the construction, and that an appointed ombudsman must communicate with citizens affected by the digging and ongoing presence of the pipeline.

In New Jersey, the MarketLink pipeline is slated to affect 555 property owners, travel through 174 acres of wetlands and 34 parks. It would also be dug in the Great Swamp National Wildlife Refuge. [For the full story on the pipeline, click here.]

Lots for Two Old Houses Too Small for Two New Houses (Chatham Township, November 15, 1999)

At the Chatham Township Planning Board meeting on November 15, a proposal was presented to knock down two homes on two adjacent lots on Longwood Avenue and build two new houses. The problem is that the two lots total less than one acre, which means that the two new houses would each violate the half-acre zoning requirement of the recently-developed master plan. Furthermore, the width along the road of each new lot would be too small for the zoning. Currently, one of the two existing lots is larger than half an acre and the other is one third of an acre

A member of the audience at the Planning Board meeting pointed out that allowing rebuilding on undersized lots will start a precedent for violating the housing densities designated in the recently revamped master plan. The master plan deliberately increased mandatory lot sizes in many areas to keep population density and building density at an environmentally healthy minimum. Allowing undersized lots would increasingly urbanize Chatham, bringing more urban problems such as traffic congestion and increased stormwater runnoff into neighbors yards and ultimately into the Great Swamp Wildlife Refuge.

Chatham Couple Donates 4.6 Acres as Public Open Space (November 11, 1999)

Lien Tran and her husband Nils Klarlund donated 4.6 acres of their property at 504 River Road to Chatham Township for use as public open space.

The land will provide one more link in the planned Heritage Greenway, a hiking/biking path that is to run from the Passaic River and then north, skirting Southern Boulevard, and connecting to the County-owned Loantaka bike path.

The couple said they were approached by a developer, and decided instead to preserve the land as open space in perpetuity. The Township Committee and the Open Space Committee recommended they consult James Wise of Morristown, an attorney who has experience in saving land from development.

The township will pay for some expenses, such as the title search and preparing paperwork required by the Planning Board.

Klarlund and Tran will keep one acre for their home. They will also be keeping the $1,000 in taxes that the donated land had been assessed each year.

Two Chatham Township Properties to be Saved as Open Space with County Funds (November 10, 1999)

The Morris County Open Space Trust Fund has recommended that two properties in Chatham Township receive County funds to help save them as public open space. One property is a 10.9-acre tract on the south side of the Passaic River, and the other is a 10-acre property adjacent to the Green Village Post Office. Both would provide needed links in the community Heritage Greenway hiking/biking path that is slated to run from the county-owned Loantaka Brook Reservation south through Chatham to the Passaic River.

Chatham Township applied to the county to help purchase the Passiac River property. It will receive $81,000 from the County, with the rest of the $250,000 purchase price coming from the Township's Green Acres grant and its open space tax fund.

County funds to help buy the Green Village acreage will go to the Morris Land Conservancy, which applied for the funds in order to buy the property and hold it until the county park commission can acquire it to extend the Loantaka Brook Reservation. The Morris Land Conservancy will receive $100,000 from the Morris County Trust Fund. The Chatham Township Committee has committed $50,000 of the total $180,000 purchase price of the Green Village tract. The rest of the money will come from the township's Green Acres Grant and open space tax fund.

The Morris Land Conservancy is a non-profit organization whose purpose is to save open space. It often buys property at opportune moments and holds it for an interim period, until a government acquisition process can be completed.

Among those applications that the Trust Fund denied was the township's request to help save the 23.3-acre Fenske-Fornaro tract on Southern Boulevard, adjacent to the Nash Field extension property. It would also provide a link in the planned Heritage Greenway hiking/biking path. The Fornaro property is easily identified by the plant and produce stand currently operated there. The total purchase price of the Fenske and Fornaro properties is $950,000, more than double the price of the other two approved properties combined.

The Trust Fund judged 32 requests for funding to preserve 1,852 acres. There was only 6 million available to purchase $13.7 million worth of land. The County Board of Chosen Freeholders usually acts on the Trust Fund's recommendations without deliberating.

Chatham Votes to Raise the Open Space Tax (November 2, 1999)

On November 2, voters in Chatham Township approved a referendum to increase the open space tax from one cent to two cents per $100 of assessed value.

The tax increase will contribute an additional $125,000 per year to the Open Space Trust Fund, once the Township Committee passes the increase into law next year.

Last July, Committeewoman Susan Hoag estimated the open space tax had raised $372,000 since its inception two and a half years ago. The money is to be used to buy land or conservation easements. Usually the township applies for matching grants from the county or state to help make a purchase.

The vote on November 2 was fairly close, with 753 saying yes to the referendum, and 536 saying no. Only 19 percent of voters turned out for the election, with 1,356 of 6,990 registered voters going to the polls.

Sterling Trying Again for Townhouses (Chatham Twp., November 1, 1999)

According to Chatham Townshp Planning Board Chairman Richard Bradley, Sterling Properties is expected to present to the Chatham Township Planning Board a revised proposal to construct townhouses on the thirty-acre Tublitz property at the intersection of Shunpike and Green Village roads. Bradley made this annoucnement at the Board's meeting on Monday, Nov 1.

Sterling is said to be proposing 53 townhouses, a vast reduction from the 145-units it first proposed three years ago.

In 1997, Sterling received a use variance from the Board of Adjustment for up to 122 units. In conjunction with the site plan application, Sterling needed a very large number of variances, which the Board voted to approve.

The project was stopped, however, after a group of township residents appealed the Board's decision to the Township Committee. The citizens asserted that Sterling hadn't justified the inordinate number of D-class bulk variances needed. Bulk variances, which pertain to the measurements of a structure, become classified as use or D variances when their magnitude exceeds municipal building codes by a certain percentage.

The Township Committee upheld the appeal, thereby denying Sterling's application for D-variances. Sterling then appealed the denial in Superior Court in Morristown. The judge remanded the application back to the Board of Adjustment.

Sterling returned to the Board of Adjustment with a reduction in the number of units to 96, but with larger units so the impact to the site remained almost the same as it was for the 122-unit proposal. The Board of Adjustment and Sterling proceeded to discuss problems with the number of height variances required, construction on steep slopes, storm-water runoff, road widths, and traffic congestion.

Then unexpectedly, on May 29, 1999, Sterling Attorney Barry Osmun asked the Board of Adjustment for preliminary and final site approval before the controversies had been resolved. The Board of Adjustment was forced to vote to deny Sterling's application for the 96-unit complex.

Mansion and Mature Trees On the Brink (Madison, November 18, 1999)

On November 3, the Madison Planning Board considered the intitial application from Joseph DeMarzo to subdivide the lot at 144 Loantaka Way. The builder plans to make the current 50,000 sq ft R-1 lot into 2 R-1 lots, both of which would be 30' short of the minimum lot width requirement. The existing house is a 100+ year old mansion with some (limited) historic attributes. It would have to be torn down and DeMarzo would build 2 houses in its place, in the process bringing down numerous mature trees.

At the meeting, neighbors testified against the application. DeMarzo presented as evidence of "precedent" for such variances his own success at receiving such variances in the past. The Board will further consider granting a variance on Dec. 7

Halve the Lot, Double the Profit (Madison, November 2, 1999)

The Madison Planning Board will hear an application by developer Joseph DeMarzo to subdivide and receive variance approval for 144 Loantaka Way. DeMarzo seeks to divide the property into two new building lots by demolishing the existing structures (including an 1895-era brick mansion with purple puddingstone foundation) and erecting two new single-family homes.

Variances sought include minimum lot width and minimum area requirements. Although the proposed building plans do not appear to exceed impervious coverage limitations (20%), subdividing would likely destroy many large, mature trees which currently aid in absorption of stormwater run-off and provide a visual barrier to the Giralda Farms office complex and it's new Gale and Wentwoth development. Neighbors of the property are organizing to oppose the application.

Bernards Neighbors Say No to Costly Curbs in Survey (Bernards Twp., October 28, 1999)

Residents of three streets off North Finley are not interested in having Bernards Township add curbs to their streets, according to a survey authorized by the Township Committee. Forty homeowners were surveyed; 18 of the 22 responding to the survey did not want the curbs, while 4 did want them.

Township Engineer and Planner Peter Messina noted that adding the curbs would have required the roads to be widened from about 18 feet to 24 feet. Messina said that drainage problems on those streets would be addressed during resurfacing next year by adding catch basins and fixing drains.

Three residents in favor of curbing complained that the survey was unfair, saying that questions about widening the road, removing trees and bushes and the possibility of a $5,000 assessment were intimidating. One of the three pointed out that another Township road had been recently curbed without the residents being surveyed.

Bernardsville Enacts 'Monster House' Limits" (Bernardsville, October 21, 1999)

On October 18, 1999, the Bernardsville Borough Council adopted a so-called "monster house" ordinance which limits the square footage of houses built in 3 and 5 acres zones. The Council was urged by members of the Environmental Commission and Open Space Committee to enact the ordinance.

In a 3 acre zone, the maximum house size, including garage, would be 6,600 square feet; in a 5 acre zone, the maximum size would be 8,800 square feet. Existing houses are grandfathered, except if an application were made to build an addition or new garage.

Two Council members, Marie Flynn and James Williams, opposed the ordinance. Council supporters intend to push for a companion ordinance which would limit the amount of impervious surface on residential properties.

Assisted Living Hearing Continues (Bernardsville, October 14, 1999)

A plan for a 65-bed assisted living facility is being presented before the Bernardsville Board of Adjustment. Although the site, on Mill Street in the center of Bernardsville, is just outside the Great Swamp Watershed, it is interesting to note that this is the sixth assisted living or continuing care facility to be proposed within a 5 mile radius of the center of Basking Ridge.

The applicant is Old Mill Manor, Inc. The proposal requires seven variances. The 1.5 acre site is currently used for overflow parking at the Bernardsville Stone Tavern restaurant. No decision has been reached on the variance requests.

Town Still 'Fiddling' With Tree Protection (Bernards Twp., October 7, 1999)

The draft tree ordinance was withdrawn from formal presentation on September 28 after disagreements among the Bernards Township Committee members. Committee members could not agree on the role of a proposed tree protection committee. Committeeman Bill Allen favored a tree protection committee with advisory powers only, meaning such a committee could only "slow down," not prevent, someone cutting down a tree. Mayor Diana Boquist said it made no sense to have an advisory committee which could not enforce the ordinance. Committeewoman Gailanne Barth agreed with Mayor Boquist. Since two other committee members were absent, the Committee declined to vote on the introduction.

In a related item, the Bernards Twp. Environmental Commission, one of the original sponsors of a revised tree protection law, voted at its October meeting to remove any further discussion of the issue from its on-going agenda, citing lack of progress and lack of a consensus on the part of the town to enact any ordinance. One member was quoted as saying "We have spent over a year and a half working on this without result. It is time to move on. When the Commission first raised the issue, in response to a 10 Towns sample ordinance, there were many areas of the township in the early stages of sub-division applications -- including a large portion of The Hills. While this ordinance has gone through endless revisions, the applications have all been approved and The Hills is now being finished. Those trees are gone forever."

Great Swamp Wilderness Trail Reopens after a Dozen Years (Harding Twp., October 15, 1999)

On October 14, the U.S. Fish and Wildlife service held a ribbon-cutting ceremony in the Great Swamp to officially reopen a trail at the cleaned-up Dietzman tract Superfund site. What once had been a five-acre dump full of asbestos, lead, junked cars, and chemical drums, is now a grass-covered meadow that is safe to walk on.

The land, in the northwest corner of the refuge, east of Long Hill Road, was declared a Superfund site in 1983. It took 12 years and $9.9 million to clean up. The U.S. Fish and Wildlife Service oversaw the removal of 29,000 square feet of lead-contaminated soil and 340 cubic yards of asbestos. In addition, a school bus, a bulldozer, six cars and 250 drums were taken out of the former farm. Workers then capped the remainder of the asbestos, which does not leach into the water table, with a special synthetic fabric and at least two feet of dirt.

The land will be mowed periodically so that trees do not grow and penetrate back down to the asbestos. The cap also prevents animals from burrowing down and releasing the asbestos, which is carcinogenic when airborne.

More Curbs on Roads Could Mean Higher Property Taxes in Bernards (September 30th, 1999)

Township Engineer Peter Messina has reported to the Bernards Township Committee that it would cost about $7.4 million over about 15 years to add curbs to every township road in areas zoned for one acre or less. There are 62 roads in those areas which currently do not have curbing. The township's 15-year road improvement plan would increase to $32 million, and would increase the municipal tax rate by 2 to 3 cents per $100 of assessed property value.

Messina pointed out that adding curbs can be costly because it often requires a road to be excavated, reconstructed and widened to at least 24 feet.

Assistant Engineer Pat Monico indicated that some drainage problems can be solved by just adding storm drains.

Committeeman Bill Allen asserted that curbing can result in savings from reduced maintenance and wear and tear and requested those savings to be calculated.

Mayor Diana Boquist urged that residents of roads scheduled to be resurfaced in 2000 be surveyed to determine their views on curbing. Committee member Kevin Krause said, "If we do everything, we may be looking at cost-sharing down the line." And Committee member Gailanne Barth added that it is a safety priority to add sidewalks into any decision about curbing.

Loock Property Deal Achieved (Bernards Twp., September 23, 1999)

Bernards Township has received permission from the state Department of Environmental Protection to build a baseball diamond and one to two soccer fields on the six-acre Loock property, located on South Maple Avenue. Bernards Township purchased the property for $875,000 in 1989 with the intention of building four baseball fields, and a small facility for restrooms and storage, and expanding an existing soccer field.

In 1995 the DEP found that only about one of the six acres was free of wetlands. Bernards Township appealed the decision and conducted its own soil tests, which indicated much of the property was dry. Then the DEP required clay studies, and after clay was found underlying the soil, refused to change its denial.

However, this summer a compromise was achieved between the Township and the DEP. Some of the property will be permitted to return to its natural state, while the Township will proceed to build a Little League baseball field and either a full-size soccer field or two smaller soccer fields.

Gas Pipeline Narrowed Thanks to Environmentalists (August 19, 1999 )

As a result of concern by environmentalists, including members of the Great Swamp Watershed Association, Transco (Transcontinental Gas Pipe Line Corp.) announced it will narrow the proposed natural gas pipeline's diameter from 42 to 36 inches in the 4.9 mile segment that goes through the Great Swamp.

The segment through the Swamp is from milepost 1807.58 to 1812.4, starting in Gillette by the Gladstone Branch railroad and ending in Chatham Township on Southern Boulevard.

One of the projects' senior engineers,' David LaGroue, said the moves came after discussions with local, state and federal agencies.

Opposition to the pipeline is being spearheaded by STOP, a coalition of representatives from the 28 municipalities affected by the pipeline construction. Chatham Mayor Joe Reilly is the Chairman of STOP and Walter Sadowski, Long Hill Township deputy mayor, is the public relations chairman. (See more on the TRANSCO issue here.)

Kessler Keeps Head Above Water (Chatham Twp, July 22, 1999)

On Monday, July 19, the Chatham Township Planning Board granted final site plan approval to Kessler Corporation for an assisted living facility on 6.7 acres on Southern Boulevard.

The two-story complex of 95 apartments is the first project the township has approved under its new, more stringent storm water management regulations. Township Engineer Michael Bennett praised Kessler for putting in all the changes the Planning Board requested.

Just before the final site plan approval, Kessler agreed to change a proposed easement for a pedestrian walkway into a bike path easement. The bike path easement will presumably make way for the new Heritage Greenway bike and walking path being designed by the township's Open Space Committee.

Town and Non-Profit Join to Seek Open Space (Chatham Twp, July 22, 1999)

The Chatham Township Open Space Committee and the Morris Land Conservancy, a non-profit organization, are aiming to acquire three pieces of land in Chatham Township to save as open space.

Both groups are applying to the Morris County Open Space Trust Fund for partial funding of their purchases. Applications to the county trust fund are due on July 31.

The township is seeking to buy two tracts that would fit in as links in the planned Heritage Greenway, a walking /biking path to go from the Passaic River to Nash Field, and then on to meet the existing path in the county-owned Loantaka Reservation. One targeted purchase is a 23.3-acre area on Southern Boulevard adjacent to the Nash Field extension property purchased last year by the township for use as open space. The tract that is currently up for acquisition is the combination of 16 acres owned by Helen and Arthur Fenske, and the adjacent 7 acres owned by Anna and Andrew Fornaro. The other parcel targeted by the committee is 10.9 acres on the south side of the Passaic River.

The township is requesting from the county trust fund 30 percent of the $950,000 purchase price of the Southern Boulevard tract and 30 percent of the $250,000 price for the Passaic River tract. Other expected sources of funding are a state-approved Green Acres grant and the municipal open space fund.

The Morris Land Conservancy is seeking to buy a 10-acre property adjacent to the Green Village Post Office and to the existing bike trail that goes through the Loantaka Reservation. The Township Committee agreed to fund $50,000 of the total $180,000 purchase price, with the remainder intended to come from the county fund.

Chatham to Ask Public to Raise Open Space Tax

The Chatham Township Committee agreed on July 22 to place a referendum on the November ballot asking whether to raise the open space tax by one penny per $100 of the assessed value on a property.

If the voters approve, the township will be able to collect an additional $125,000 to help purchase and preserve open space. The proposed tax increase would double the current open space tax, which was approved in 1996 at one cent per $100 of assessed value. One cent per $100 means a $100,000 would be assessed $10. A $400,000 house would be assessed $40.

A two cents per $100 assessment for open space would put Chatham more in line with other Morris County municipalities. 10 municipalities in the county have a two cents rate, while 4 others besides Chatham have a one cent rate. Montville has as a much larger five cents rate and East Hanover has a mere half cent rate.

Mayor Joseph Reilly said that "At this time the township has the potential to spend $4 million to $5million" for open space. In addition to the Fenske/Fornaro property and the Passaic River property, Reilly said there are two other properties that the township has applied for grant money to purchase. They could become available at an estimated $2 million for one and $2.5 million to $4 million for the other.

Parts of Frelinghuysen Tract to Remain Undeveloped (Harding Twp.)

Peter H. B. Frelinghuysen has left a legacy to the future of Harding Township by conveying almost one third of the 300 acres the former Congressman has owned on both sides of James Street in Harding.

The Harding Land Trust has taken title to 56.5 acres along James Street to be permanently protected open space. The Land Trust also acquired title to 35 acres of wetlands in the form of a conservation easment. The Land Trust purchased the properties using a combination of funds, including $500,000 in state Green Acres funds, $400,000 from the Morris County Farmland Preservation Fund, and $200,000 raised by the Land Trust.

The Township of Harding also purchased 3.29 acres through it's Open Space Trust Fund.

Frelinghuysen also donated 14 acres on the western side of James Street to the Land Trust.

Tree Cutting Ordinance Runs Into More Problems (Bernard Twp., July 1, 1999)

Bernards Township Engineer and Planner Peter Messina has been asked by Township Committee members to prepare a "flow chart" to explain how many trees residents would be permitted to cut down under the proposed tree protection ordinance. Messina said he could have a chart ready for review by the end of July.

State Matching Funds WIll Light the Way To Open Space (Chatham Twp.)

Chatham Township will receive a $2 million grant from the state for open space funding. Township Committeewoman Susan Hoag said the money will be matched by the township 50-50 in purchasing land within its borders for conservation or recreation purposes.

The grant was a direct response to the township's open space plan sent to Trenton last year.

Madison Zoning Board Re-Writes History, Adds Unhappy Ending (June 21, 1999)

On June 21, The Madison Zoning Board voted to nullify a resolution it made in 1985 to protect open space on the 5.68 acre property at 300 Madison Avenue. Fourteen years ago, the land and the historical stone mansion on it were sold to its current owners for use as a medical/professional office building. The Board approved the commercial use in a residential zone with the condition that the character and size of both the building and the property around it remain in tact. By removing the condition, the Board is paving the way for an application by developer Samuel Masucci to buy approximately three acres of the former mansion's "backyard" to build five single-family homes.

The Board's permission to destroy the open space around the current building flies in the face of the pro-environmental efforts of its members 14 years ago. The Board's own words during the 1985 sale of the building to the current owners, 300 Madison Avenue Associates, were that there would be "no further expansion of the exterior of the existing building and that the premises remain the size that it is now with the existing building as it is now situated."

The Board also had specified the new use be contingent on the property retaining the historical integrity of the building itself, preserving numerous large trees and vegetation, and continuing to contribute to the town's open space. Now, the commercial use will not change, but the contingencies have been removed.

In a further environmental setback, the new development will raise impervious coverage to over 30 percent on the approximately three acres of the property that will be left for the office building. This loss of water absorption will occur when the existing parking lots which serve the office building are moved onto the Kitchell Road side of the property, and several large, mature trees are pulled out.

During the meetings to consider Masucci's application, the Zoning Board heard testimony from the current owners as to their financial woes and that the property was likely to go into foreclosure. They also discussed that the property might become subject to a law which allows construction of assisted living facilities in ANY zone, if the property is 6 acres or larger, or that the office building might be demolished by a foreclosing bank. Currently the land is zoned R-1, for single-family houses.

The Dogs Get a Pool, the Swamp gets the Runoff (Harding Twp.)

The Morris Animal Inn, AKA the Poodle Palace or the Doggie Hilton, on Sand Springs Road in Harding Township is pursuing an application for a major expansion that would include an indoor pool for canine recreation. (No lie) The facility would be doubled in size to about 16,000 sq.ft. The stated need for the expansion (besides for the pool) is that people are keeping larger dogs, and larger pens are needed. The application also calls for pens that are more like the dog's home environment, so that the stress to the dogs from their being boarded and not taken to the shore, to the mountains, or wherever, is minimized.

But what about the stress to the neighbors who will be exposed to higher levels of traffic?

What about the Great Swamp which will be exposed to greater runoff from the site?

Actually, the proposed project raises a lot of environmental issues including traffic, runoff, stream encroachment, wetlands impacts, wetland impact mitigation, storm water retention, and other issues. The proposal also raised issues of consistency with the Harding Master Plan, and potential impacts to downstream property in the Great Swamp National Wildlife Refuge.

The issues take on greater significance since the application for the original construction at this site was approved in the early 1980s over the objections of the Environmental Commission, and only after the original proposal was greatly scaled back in scope. Now, after the facility has been in operation for 13 years, the applicant returns to once again ask for approval for a larger facility. If it was too big then, why is it not too big now?

There are clearly issues to be addressed before approval can be recommended. Be sure to attend the next Board of Adjustment meeting to hear the applicant's experts discuss these (and more) issues, and to comment on the application. The next scheduled meeting should occur on August 19, 1999.

Jockey Hollow Top Six Is Still A Cliff Hanger (Morris Twp., June 10, 1999)

A proposed development in Morris Township named Jockey Hollow Top Six may be hindered due to the recommendation by the N.J. Department of Environmental Protection not to sewer the area for environmental reasons. Builder Harvey Caplan plans to construct 24 single-family homes off of Route 202 on extremely sloped land, causing concern about excessive storm-water runoff into the Great Swamp National Wildlife Refuge.

If the DEP refuses Caplan's request for sewers, Jockey Hollow Top Six may not be totally scuttled. There remains the possibility that individual septic systems could be installed for the homes. Yet seepage from septic systems could still harm the Refuge, a fact that would present another obstacle to the development.

The debate over paving roads and erecting buildings on this 58-acre piece of land comes from the growing awareness of the detrimental environmental impact placed on the Great Swamp National Wildlife Refuge by development in towns surrounding the Great Swamp. Of greatest concern are issues that involve steep slopes, soil erosion, and water run-off.

Recently, many of the ten towns within the Great Swamp Watershed have put in place ordinances that limit development in environmentally sensitive areas. Morris Township has such ordinances, including one that would severely curtail development on steep slopes. Caplan, who is now before the Township Planning Board, is asking for a waiver to the steep slope building ordinance for Jockey Hollow Top Six.

Julia Somers, executive director of the Great Swamp Watershed Association, said that to "grant such a waiver would be a mockery to the ordinance." She noted that the integrity of the steep slope ordinance is especially important since Morris Township's steep slope zoning ordinance has been held up as a model for other towns to imitate.

In recent years, Morris Township participated, along with the nine other towns in a Watershed, in the Ten Towns Committee to establish home rule on building ordinances that impact the environment of the Great Swamp. The municipalities did not want to be saddled with statewide building codes set forth in legislative bill proposed by Robert Martin and Richard Bagger.

Indeed a waiver by the Morris Township Planning Board would circumvent the hard work and cooperation sought by the Ten Towns Committee to protect the Great Swamp.

Caplan stated that he does not believe that soil erosion will be a problem for Great Swamp or homeowners living down slope from the development on Mount Kemble Avenue. "Complaints from residents living on Mount Kemble Avenue have nothing to do with this construction. In reality, construction of a road will cut down on flooding and washouts. Any engineer will tell you that."

Morris Township Engineer, Hamid Ghadimy feels that steep slopes "are a major concern for this (Caplan's) application since many (slopes) do not conform to the township's requirement's" in their ordinance. Environmental specialist Joseph Shisler, hired by Caplan, commented that "the bedrock on the tract of land (to be developed) is four-feet deep and there should be no reason to worry about land movement," such as erosion.

Shisler pointed out that Caplan adjusted the original plan from 28 to 24 homes to address environmental concerns, with larger lots, strategically placed homes, a road, and the implementation of a storm water facility. Shisler, however could not comment on the percentage of land that would be disturbed on the site, which lead residents to still be concerned about what the altering of the terrain will do down-hill from the proposed development.

Along with waivers from the steep slopes ordinance, Caplan is also seeking a waiver from Morris Township's recently passed tree ordinance. The point of the tree ordinance is to preserve soil from the possible effects of erosion. Usually, the greater the soil disturbance caused by cutting down trees, the greater the degree of soil erosion. Under the current plan submitted by Caplan, 3,600 trees would be cut down on the proposed site.

Caplan has yet to produce a tree survey that is called for in the township ordinance. Such a survey would determine the total number of trees on site, their height and species. This information is needed to determine the full effect of cutting thousands of trees, and would perhaps determine placement of homes on the site.

For all those interested in Caplan's development of Jockey Hollow Top Six, the Planning Board hearing will resume at the Morris Township Municipal Building off of Woodland Avenue on Monday, July 19 at 8:00 PM.

Ordinance Would Toughen Development Standards (Bernards Twp., June 17, 1999)

On June 10 a draft ordinance to toughen development standards was presented to the Bernards Township Committee by Township Engineer and Planner Peter Messina.

Lot minimum would increase from 30,000 to 32,670 square feet and from 40,000 to 43,560 square feet. Messina explained the changes would reduce the likelihood of homeowners creating "infill lot" subdivisions.

In residential zones permitting 2- and 3-acre lots, the requirements for lot width, frontage and rear yards would be increased. Clustering would be eliminated. Messina said that although clustering in the Sherbrooke development preserved trees along Stonehouse Road, it permitted houses in the Shannon Hill development to be built in a row in the middle of a large open field of a former farm.

Democratic Committeeman Bill Allen objected to abolishing clustering. He said, "I want the option to have useful public open space." Other committee members favored the elimination of clustering.

Stating his concern to preserve neighborhood character, Allen urged adding restrictions to prevent large homes from being built in established neighborhoods of small homes. However, Messina said a cap on the size of a new home would also affect the size of new additions and could be an administrative headache. Committeeman Kevin Krause added that such a restriction would probably need legal review and a planning study.

Reckson Withdraws Plan to Develop Chatham Portion of Giralda Farms (Chatham Twp, June 21, 1999)

Reckson Operating Partnership, on June 21, withdrew its request before the Chatham Township Planning Board for final site plan approval for a water detention facility, roadway crossover, and driveway in the Chatham section of the Giralda Farms Office Park.

The project is an integral part of Reckson's plans to build a 436,000 square foot office building in the Madison section of Giralda Farms.

In April, Reckson filed a lawsuit in Superior Court in Morristown against Chatham Township over not receiving priority in new sewer capacity. Deputy Mayor Fred Pocci said Monday at the Planning Board meeting that sewers should not be an issue for Reckson, since the Township expanded its sewerage treatment plant and now has enough additional capacity for Giralda Farms development.

Sterling Properties Renews Efforts to Develop Tublitz Land (Chatham Twp, June 25, 1999)

A month after its plans for building 96 townhouses on the Tublitz property were denied by the Chatham Township Board of Adjustment, Sterling Properties is renewing its efforts to develop the 30 acre tract. On Thursday, June 17, Sterling's attorney Barry Osmun asked the Board of Adjustment to withhold memorialization of the resolution denying Sterling's application.

Osmun also said that Sterling was in the process of drafting plans to reduce the number of townhouses to 82 or 83.

Osmun had invited the Board of Adjustment's denial of the Sterling's plan for 96 townhouses on May 29, when he pressed the Board for preliminary and final site approval while many problems, such as road widths and storm water runoff, remained unresolved.

Oak Knoll School to Buy Platt, Harrsch Property (Chatham Twp, June 17, 1999)

Oak Knoll School of the Holy Child, located in Summit, bought the 5.2 acre Platt property and the adjacent 6.2 acre Harrsch property along Green Village Road in Chatham for use as athletic fields.

The Platt land is zoned for commercial buildings and the Harrsch property for single-family houses.

Chatham Township Mayor Joseph Reilly said the Township Committee has been "very supportive" of the deal, since it preserves open space. He said , "This removes the potential for additional commercial or residential development near our town center."

In the same vein, Nicholas Platt, who has had the property in his family since 1967, said, "This is important to us because my parents did not want to sell to developers. This was a most wonderful opportunity. The Oak Knoll solution is ideal to a conservation end."

Members of the Platt family, prominent in the township for the past 200 years, are the largest landowners in Chatham Township. Nicholas Platt's parents still own a horse farm on Loantaka Way, featuring a brick barn built in 1834 that is on the National Register of Historic Places. Platt's mother, Helen Hartley Platt is cousin to Marcellus Hartley Dodge, and the Platts own the Marcellus Hartley Dodge estate in Harding Township. Nicholas Platt's great grandmother, Helen Hartley Jenkins, is the one who donated the land for Loantaka Brook Reservation, which contains the very popular bikepath going from Green Village to South Street in Morristown.

No Sewers for Green Village (Chatham Twp., June 17, 1999)

On Thursday, June 10, the Chatham Township Committee unanimously approved a wastewater management plan that eliminates a tentative proposal to install sewers in Green Village. The New Jersey Department of Environmental Protection (DEP) had required 25,000 gallons per day of capacity to be set aside for Green Village in case it was needed when the township sewer plant capacity is expanded in the near future.

The move benefits the environment as well as the Township's balance sheets. It is well known that sewering an area starts a chain reaction of development. Since Green Village is adjacent to the Great Swamp National Wildlife Refuge, it is "an essential buffer to the Great Swamp," according to Julia Somers, executive director of the Great Swamp Watershed Association.

Mayor Reilly cited popular demand and cost as the reasons for the decision to leave Green Village untouched by sewers. "Many residents do not want it," Reilly said. And it would be "very expensive" on a per-taxpayer basis to construct a new sewer line down Green Village Road, since the houses are so spread apart in this area with 1.5 acre minimum zoning.

Ten Years Later, No Fields on Loock Tract (Bernards Twp., June 10, 1999)

Ten years ago, in June, 1989, Bernards Township purchased 6 acres of property off of South Maple Ave. with the intention of building athletic fields. The property had been farmed by the Loock family for 32 years before they put it on the market in early 1989. In April 1989, the Loocks presented a proposal to the Planning Board to create six lots along a cul-de-sac on the property.

Although officials were aware of some running water in the Southwest corner of the property, Bernards Township officials were urged by the Parks and Recreation Committee to purchase the parcel since it was located between the high school varsity athletic fields and the War Memorial Field and was thought to need little grading to construct ball fields. A purchase price of $875,000 was agreed upon. The township developed a plan for ball fields and in 1993 was awarded a loan under the Green Acres program which was tied to certain environmental permits.

In 1995 the DEP announced that only about one of the six acres was usable for an athletic field, with the remaining five acres classified as wetlands. Although a private consultant had prepared a wetlands report for the Loocks prior to sale of the property, the DEP determined that groundwater was within 18 inches of the surface in clay soil in five acres of the property. However, the groundwater measurements were very close to acceptable in another 3/4 acre. The township is currently in litigation with the state in an attempt to have the additional 3/4 acre declared dry.

The property is now being used for practice fields. Mayor Diana Boquist said that if the township is unable to work something out with the DEP to permit construction of athletic fields, "we could leave it as open space or maybe have unstressful uses, like a walking path. We'll use it for something.

Changing Tack, Tublitz's File Law Suit over Re-zoning (Chatham Twp.)

In a sudden change of tack in their four year effort to develop townhouses on their property, Mindele and Ramon Tublitz of Florida filed a law suit on May 27th with the state Superior Court Law Divison in Morristown. They challenged the rezoning by the Township Committee last April of their 30-acre property at Green Village and Shunpike roads to R-2A, allowing a maximum of three units per acre, from R-3C, allowing 12 units per acre.

The suit was filed a week after the Chatham Township Board of Adjustment vetoed the latest plan for a 96-unit townhouse project which had fit the new lower density zoning requirements.

Since 1996, a company called Sterling Properties had the right to buy the Tublitz land if it succeeded in planning and getting approval for a townhouse development on the tract. On May 20, Sterling Properties attorney Barry Osmun unexpectedly asked the Chatham Township Board of Adjustment for final site approval. Board of Adjustment Chairman, Richard Hinderliter tried to talk Osmun out of his request, since there were a number of unresolved problems. Osmun insisted on a preliminary and final site approval and the Board then vetoed the Sterling plan.

Problems with the Sterling plan included the width of internal roadways, setback variances, open space conservation and stormwater runoff from steep slopes. An April 1997 ordinance that lowered the township's building height requirements had also created a major roadblock in the approval process over the past two years. As of the May 27th meeting, it was unclear how many height variances Sterling was seeking.

Tree Cutting Ordinance Lumbering Along (Bernards Twp., June 3, 1999)

The Township Committee continued their debate on a proposed tree cutting ordinance. The revised draft ordinance permits an owner of a one acre property to remove up to three trees of less than 10-inch diameter during a two-year period. Mayor Diana Boquist, a Republican, criticized the three-tree limit, proposing instead limits based on percentage of trees on a property. Committeeman Bill Allen (Democrat), who has pushed for the ordinance, said "We're doing this for the common benefit, not the homeowner's benefit. We're doing this for the community at large."

Township Engineer and Planner Peter Messina, who prepared the draft, said that the Environmental Commission and the Shade Tree Commission agree with "99 percent" of the ordinance.

A separate draft ordinance to regulate tree removal during new construction is scheduled for presentation on May 25.

Assisted Living Ordinance Advances (Bernards Twp., June 3, 1999)

The Bernards Township Committee introduced an ordinance which would make assisted living facilities a permitted use in an R-6, three-quarter acre residential zone off of King George Road. The proposal will go to the Planning Board for review, followed by a public hearing at the end of June.

Currently Sunrise Development has contracted to buy part of a 43-acre tract marked for development off of King George Road. Sunrise previously applied for a variance to build an assisted living facility off of North Maple Ave., in an R-1 zone, but was turned down. If the new proposal is passed, Sunrise will not have to apply for a variance, and would only need site plan approval from the Planning Board. Interestingly, the property being considered by Sunrise is only a mile from another assisted living facility currently under construction in Warren Township.

[Note: The above article is about a zone that is located outside the watershed, but it deals with the broader issue of assisted living facilities. So far there have been three different assisted living proposals, all in the northern - Great Swamp Watershed - part of Bernards. Now there seems to be interest by the Township Committee to encourage locating an assisted living facility in the southern part of town. The Township is currently being sued by Ridge Oak based on supposed exclusionary zoning. It is not known if the rezoning would affect their suit.]

Kessler's Assisted Living Facility to Break Ground Soon (Chatham Twp, June 7, 1999)

Kessler Corporation is likely to break ground in the next few months for its proposed 60,000 square foot assisted living facility on 6.7 acres on Southern Boulevard. The Chatham Township Planning Board approved Kessler's sewer application on June 3rd. The facility is estimated to need 20,000 gallons per day of sewer capacity.

Final site approval was temporarily delayed by the Planning Board on Monday June 7, because the architect changed plans for locating the heating, ventilating and airconditioning (HVAC) units from the roof of the proposed building to a concrete pad on the ground. The Planning Board will continue the hearing at its meeting on Monday, June 21.

Two Public Meetings Held in Chatham over Gas Pipeline

Federal Regulatory Commission Public Hearing, May 25th

On May 25th the Federal Regulatory Commission (FERC) held a public hearing at the Chatham Middle School to discuss its draft environmental impact statement, issued April 15, for the new natural gas pipeline proposed by Transcontinental Gas Pipe Line Corporation (Transco). The pipeline, called the Market Link Expansion Project, is to carry natural gas from Illinois to New Jersey. The Great Swamp Watershed Association is one of the intervenors between the public, Transco and FERC.

At the hearing, more than 20 residents in and around the Great Swamp Watershed criticized a panel of FERC representatives for not paying enough heed to the negative impacts the pipeline would have on the environment, public safety and housing values.

The focus was on a 23.8 mile section of the 36 or 42 inch pipeline called the Stirling Loop, slated to go through Somerset and Morris counties. Nine miles of the Loop would be laid through Long Hill and Chatham townships, including a section inside the Great Swamp National Wildlife Refuge between Meyersville Road and Southern Boulevard in Chatham.

The planned route of the new pipeline through the Refuge follows an existing gas and electric utility right-of-way that forms part of the dividing line between the Wildlife Management area and the Wilderness Area of the preserve.

FERC had asserted in its draft environmental impact statement that the Project "would have limited adverse environmental impact," even though work crews would be disturbing an area that is habitat for federally listed endangered species, including the bog turtle and the blue salamander.

Julia Somers, executive director of the Great Swamp Watershed Association, said the U.S. Fish and Wildlife Service, which oversees National Wildlife Refuges, had "sent Transco back to the drawing board because their environmental assessment was inadequate, failing to address a host of different issues. She said, "No certificate of need has been issued, yet FERC is publicly stating that, as far as the Sterling Loop is concerned, they see no problems with the application and simply wish to condition their approval on Transco's receipt of N.J. Department of Environmental Protection and U.S. Fish and Wildlife Service permits, where appropriate."

Citizens also raised questions of safety, since the potential for a gas explosion is heightened by the existence of two other natural gas pipelines in the right-of way where the new pipeline is planned. If the drilling for the new pipeline is located in the middle of the right-of-way, it would have to be done horizontally 60 to 75 feet underneath the PSE&G high tension wire towers, which also share the right-of- way.

Chatham residents whose homes are near the pipeline and high tension wire corridor strongly objected to the potential removal of mature trees that block their view of the right-of-way. They stated that Transco had vastly underestimated the loss in property value if the pipeline is laid by open trench method on their side of the right-of-way, with the necessity of clearing mature trees and other vegetation.

Transco Officials Clarify Pipeline to Chatham Township Committee and Public, June 10

On June 10, 18 representatives of the Transcontinental Pipeline Company (Transco) clarified their proposal for building a new natural gas pipeline at a Chatham Township Committee meeting. This meeting followed up on a Transco presentation to the Committee in September, when Transco officials were criticized by the Committee for being vague and evasive.

Transco stated in the June 10 meeting that it will definitely use 36 inch pipe rather than 42 inch pipe for the Chatham portion of the pipeline. It also said it prefers to lay the pipe down the middle of the existing right-of-way and use horizontal directional drilling 60 to 75 feet underground in wetlands areas. Transco assured Mayor Joseph Reilly that "they will preserve tree buffers for homes" along the pipeline corridor.

The company intends to build a 3 foot high valve block 100 to 150 yards behind the gazebo on Southern Boulevard. It will be enclosed by a 30 by 40 foot fence.

Mayor Reilly said Transco representatives also want to discuss with the Township Committee possible allowance for a public walking path along Transco's right-of-way. A portion of the pipeline goes through Morris County park land, and Reilly said the Morris County Park Commission "suggested to Transco they replace that land by purchasing open space in Chatham Township."

The company also detailed its safety procedures in case of gas leakage and said it is coordinating its safety plans with Texas Eastern, the owner of the other pipeline currently running through the right-of-way.

Nursing Home on Old Army Road Fails to Pass Muster (Bernards Twp., May 13, 1999)

On Wednesday, May 5, the Bernards Township Board of Adjustment rejected an application by Spring Hill Manor for a use variance to expand a nonconforming nursing home on Old Army Road. Board members cited the steep slopes, narrow 16-ft wide road, and lack of sidewalks or shoulders. Board Chairman Russell Struck said the need for a nursing home was lessened by the fact that there are 42 similar facilities within a 15 mile radius.

This is the third project aimed at senior care that has been turned down by the board in two and a half years. The first applicant, Sunrise Development, sued the Township and lost in State Superior Court. The second applicant, Ridge Oak Inc. (which is sponsored by six local churches) has an active suit against the Township. Ridge Oak is also currently investigating an alternate proposal to use Somerset County park land for an assisted living facility.

Public Hearing on Gas Pipeline, Long Hill and Chatham Township

On Tuesday, May 25 at 7 p.m. at the Chatham Middle School auditorium you, the public, will have a chance to question the Environmental Impact Statement (EIS) by the Federal Energy Regulatory Commission (FERC) for the Independence Pipeline and Market Link expansion projects. Topics for discussion in the EIS include public safety, natural ecology, property values and other socio-economic issues.

The part of the pipeline targeted for the meeting is a 23 mile section of 42-inch pipe, called the Stirling Loop, which will run through Long Hill and Chatham Township, impacting both local residents and the Great Swamp National Wildlife Refuge. FERC has said that the new pipeline will have "limited adverse environmental impact."

Perhaps the most publically noticable part of the construction will be a proposed 9,000 square foot above-ground building next to the Southern Boulevard gazebo that will take 40 workers and 180 days to construct

The EIS estimates that it will take 230 construction workers at least 150 days to complete the 23-mile Stirling Loop pipeline itself.

This new pipeline would be the third gas pipeline in Chatham, and each are operated by different companies, with no coordination of emergency response, according to Beth Romero, a lawyer and township resident who has analyzed the EIS.

Assisted Living for Harding? (May 10, 1999)

The Harding Town Council is considering an Ordinance that would permit" assisted living" facilities east of Route 202 and up to Route 287 in Harding Township. The ordinance has not been finalized, so opportunity for public comment will be available at upcoming Township Committee meetings.

The next meeting is set for May 17th, when the proposed Ordinance is expected to be formally introduced. The public will have an opportunity for comment on that date, and again in June when the proposed ordinance would be up for a public hearing. After the public hearing, assuming a "pro" vote, the ordinance would be formally adopted.

Saving Open Space Means Racing Against Developers (Bernards Twp., April 15, 1999)

The League of Women Voters of the Somerset Hills sponsored a forum last week, "Dueling for Dollars: Whose Space Is It?", with panelists representing local, county and state government and the New Jersey chapter of the Sierra Club.

Due to the strong economy, government agencies are finding themselves competing against developers to acquire land for open space. Steve Jandoli, principal planner for the Green Acres division of the state Department of Environmental Protection, stated, "It's not only a race out there, it's a war." He also said that towns are competing against other municipalities and non profits for a limited amount of money to acquire open space. "We have a priority system, it is competitive and we never have enough money," he said.

Jeff Tittel, Director of the NJ chapter of the Sierra Club, pointed out that government agencies with open space funds and the ability to move quickly, have an advantage over developers who are often slowed down by contract contingencies.

Denise Coyle, a Bernards Township resident and county Freeholder, stated that Somerset County, in a shift from earlier policy, is now spending open space funds on property that has the greatest potential for development. Previously, the county spent money on less expensive, environmentally constrained land, mainly in the southern part of the county.

Plans for Nursing Home Draw Heated Opposition (Bernards Twp., April 15. 1999)

The sixth hearing on a proposal to establish an 83-bed nursing home on Old Army Road in Bernards Township was held April 7. The Board of Adjustment is considering a use variance to expand a non-conforming use in a 3-acre residential zone. About 70 people, most of whom were residents opposed to the nursing home, attended the meeting. A health care expert, a traffic engineer and a professional planner, hired by the opponents, addressed the board.

The health care expert, Gail Amor, pointed out that there are 42 nursing homes within a 15-mile radius of the site. She also said that state rules would allow the total number of beds to be increased by 20 every 5 years, from the proposed initial 74 beds.

George Ritter, a planner from Philadelphia, said that the plans to raze small cottages on the property and build a large building and parking area would give the site a "commercial, institutional nature." He said the applicant had done nothing to minimize negative impacts. A major concern among the residents who spoke in opposition was the projected heavy traffic through a residential neighborhood that has streets as narrow as 16 feet, with steep grades, sharp curves and no sidewalks.

Where Eagles Feared to Go (Long Hill Twp., April 9, 1999)

The former Dietzman Dump on Long Hill Road in Harding Township has recently been "remediated". What this means is that the area has been worked over to remove some contaminated materials, while others have been moved to a new area that has been capped to prevent rainfall from carrying contaminants into the groundwater and surface water. The capped area was covered with material excavated from a clean area on site, and the large hole created has been turned into a lake for diving ducks.

The neato thing about the lake is that the bottom has been created with several different elevations so that the lake has several areas with different depths. This is hoped to encourage different species of diving ducks to visit.

Now that the landfill area has been capped and reseeded with native plants (weeds) the area is returning to a more natural appearance. Since completing the clean up, Eagles, osprey, and waterfowl have been seen in the area. The next step for the area will be to invite volunteers to come in and mark or blaze trails in the area so the public can access the area.

The Great Swamp Watershed Association received a grant from the US EPA to conduct independent oversight on the clean up, and is still reviewing the cleanup report created by the government.

It's Too Late to Stop and Smell the Roses (Chatham Twp., April 9, 1999)

Art Heyl, owner of Heyl Roses, is selling most of his 10.5 acre property in Green Village to Braemer Homes, a Pine Brook developer. Braemer Homes plans to construct senior citizen townhouses.

The Township is in the process of changing the zoning in its masterplan to allow for higher density development on the property than previously charted. The township also indicated it would possibly sewer the area to facilitate the project.

The Heyl family has run the rose-growing business for four generations, and says it is forced to shut down due to increasing competition from roses imported from Ecuador and Colombia. The Chatham/Madison area was a booming rose growing region at the turn of the century, earning Madison the name, "The Rose City." Heyl represents the last of the rose-growing legacy.

Chatham Will Construct Town-wide Walkway (Chatham Twp., April 6, 1999)

Chatham Township has adopted a plan to create the Heritage Greenway, a walking trail that would span the municipality from border to border. The idea is to link existing green spaces and recreation areas by a peaceful walking/biking path, free of the noise and pollution of cars.

The northern section of the trail would begin at the already existing and immensely popular footpath at Loantaka Brook Reservation. From there the Open Space Advisory Committee plans for the path to go through Green Village and head southwest skirting Great Swamp National Wildlife Refuge all the way to Long Hill Township. A branch of the trail would also drop southeast to Passaic River County Park.

The Township will have to buy land or secure conservation easements from those who now own the property slated for the Greenway. Uitility companies own much of the land that the Open Space Committe intends to use for the trail.

Discrimination Alleged in Suit by Ridge Oak (Bernards Twp., April 1, 1999)

Ridge Oak, Inc., a not-for-profit corporation owned by six local churches, has filed a suit in U.S. District Court against the Bernards Township Board of Adjustment and the Township Committee. The suit alleges the township and the board discriminated against the handicapped by violating the federal Fair Housing Amendments Act when the Zoning Board voted unanimously against a use variance to permit construction of a 66-bed assisted living facility on 7.08 acres in a residential neighborhood near the existing 248-unit Ridge Oak senior complex.

Ridge Oak, Inc. said that the project would provide not only nursing beds but assisted living services to Ridge Oak residents. They stated the services "are needed by these senior and handicapped residents to continue to reside in their homes." [The group has also sued the township in state Superior Court to overturn the denial of the variance.]

Flooded with Complaints, Town to Review Drainage (Bernards Twp., April 1, 1999)

The Bernards Township Committee has asked its engineering department to undertake a review of drainage following a series of complaints by residents. Township Engineer and Planner Peter Messina said the reported drainage problems could be caused by upstream development, clogged culverts or inefficient detention basins. He said the township plans to hire a hydraulics firm. Mayor Diana Boquist said she has been hearing from more residents about the negative impact of stormwater runnoff resulting from development. 

Tree Protection Ordinance Still Alive (Bernards Twp., March 25,1999)

On March 18, Township Engineer and Planner Peter Messina presented a new draft of a tree protection ordinance to the Bernards Township Committee. Messina said the new draft would allow homeowners to remove no more than three large trees in a two year period without a permit. "Large trees" were defined by Messina as having a diameter of 10" or more. Several committee members suggested changes including: an increase in the maximum tree diameter to 18" without requiring a permit for removal; an exception to the tree removal restrictions for storm-damaged trees; protection for trees by fencing during construction activity. The draft now goes to the Environmental Commission and the Shade Tree Commission for review.

How High Is Too High?
Stirling Sub-Division Hearings Continue on April 15 (Chatham Twp., March 25, 1999)

The Chatham Township Board of Adjustment will be continuing its hearing for on April 15, 1999 for Sterling Properties' townhouse proposal. The company has requested final approval to build up to 96 townhouse units on a 30 acre property at Shunpike and Green Village Roads.

The project has been under consideration for more than 3 years. At issue is the builder's request for 21 height variances.

Bernards Church Zoning Review is Under Close Scrutiny (Bernards Twp., March 25, 1999)

A planner, Susan S. Gruel of New Brunswick firm of Heyer, Gruel & Associates, was hired by Bernards Township on March 9 to draft tougher zoning requirements for churches. An initial meeting between Gruel and the Township Committee was held on March 18. Committeeman Bill Allen said churches should be held to tougher standards in areas that are zoned for low-density residential housing. Gruel is expected to complete her work by September 30.

Chatham To Adopt New Master Plan (Chatham Twp., March 24, 1999)

The Chatham Township Committee intends to adopt the recently updated master plan, which strives to preserve the rural character of Chatham and mitigate stormwater runoff problems. Minimum lot sizes are slated to increase on the remaining undeveloped 1260 acres in the 6,300 acre municipality. .

In areas with septic systems, the minimum lot size would be raised to 3.5 acres. In sewered areas, lot size would rise to 1.5 acres from 1 acre. A lot with a steep slope would have to have a minimum of 2.5 acres. The lot size for commercial buildings on Southern Boulevard would increase from 1 to 5 acres.

An exception to the decrease in zoning density is the Heyl property on Green Village Road. It will be designated for an adult community with four units per acre, rather than the one-acre minimum that is currently zoned.

A public hearing occurred April 8th.

Nursing Home Applicant Ends Case Before Zoners (Bernards Twp., March 18, 1999)

On March 11, Spring Hill Manor completed testimony for its proposed nursing home on Old Army Rd. Spring Hill Manor is seeking a use variance to expand a non-conforming use in an R-1 three-acre residential zone in order to raze 8 of 12 existing buildings on the 24.5 acre property and build one larger building. The president of Spring Hill Manor, Magnhild Honsvald, testified that most of the financing for the $3 million purchase of the former Fellowship Deaconry nursing home was provided by the state Economic Development Authority. Adrian Humbert, a professional planner who testified on behalf of Spring Hill Manor, said he did not know if the wooded perimeter of the property would be affected by plans for a septic field. Objectors are expected to present witnesses at the next hearing set for April 7.

Superfund into Super Find? (Long Hill Twp, March 11, 1999)

Rep. Rodney Frelinghuysen is thinking of finding a way to turn the Tielmann Superfund site in Long Hill Township into a high-tech Great Swamp education center.

If the proposed science and technology center were located on this cleaned-up former asbestos dump, it could provide a two-pronged education. First, how to reclaim contaminated land. Second, how people can protect the health of the Swamp for the sake of the wildlife and humans living in the Great Swamp Watershed.

The Morris Land Conservancy, which has been in charge of finding a site for the education facility, had rejected the former Tielmann farm on Long Hill Road (across from the Copper Springs Tennis/Swim center) for the education facility, mainly because it is currently owned by the Environmental Protection Agency (EPA). But Rep.Frelinghuysen has indicated that the EPA is agreeable to transfer the site to the Dept of the Interior. This change of ownership enables active consideration for a center at that site, because the U.S. Fish and Wildlife Service, which is part of the Department of the Interior, overseas the portion of the Great Swamp designated as a National Wilderness Area

David Epstein, the Morris Land Conservancy’s executive director, said questions about future liability and maintenance of the property need to be resolved.

Having the support of Rep Frelinghuysen is critical to moving forward, since Congressional funding will be needed.

Planners Debate the Merits of Public vs. Private Roads (Bernards, February 1999)

On Feb. 16, 1999, the Bernards Township Planning Board reviewed a plan to subdivide a 7.3-acre tract which called for a 24-ft wide cul-de-sac. The Environmental Commission recommended a width of only 20 feet and no curbs. Richard Macksoud, the Board Vice Chairman, who is also a member of the Environmental Commission, supported the narrower, private road which would look more like a driveway and save trees. Other Board members, including Mayor Diana Boquist, Gailanne Barth and Scott Guibord, expressed concern over permitting more private roads. Boquist and Barth also were concerned that unimproved private roads could worsen drainage problems. Macksoud, also suggested toughening zoning in drainage basins, and remarked, "the Township has never zoned based on where the water is going."

Latest Tree Cutting Ordinance Would Apply to Major Clearings (Bernards, February, 1999)

A new tree protection ordinance was the subject of discussion at the Feb. 23, 1999 Bernards Township Committee meeting. The existing tree protection ordinance, adopted in April 1972, applies only to tracts of three or more acres. The Environmental Commission and the Shade Tree Commission have tried to draft a more restrictive ordinance. In March 1998, their 10-page draft was rejected. At the current meeting the committee took a different approach. While tree removal for small building or deck projects wouldn't require a permit, any clear-cutting should. Some Committee members felt that some tree cutting is justified. However Committeeman Bill Allen wondered "if there's a way where people are at least required to explain why they are cutting trees down. . ." Two Committee members, Gailanne Barth and William Holmes, called for a tree replacement provision.

Assisted Living Group Sues Bernards Twp. (February, 1999)

The Ridge Oak group, proponants of the recently-rejected assisted living facility application in Bernards Twp., have reacted to the failure of their application by suing the township in state Superior Court as well as filing a Federal discrimination complaint. The group seeks to have the court overturn the denial of a use variance which would have permitted them to build the project in a residential zone. The Federal suit alleges that by denying the application the township discriminated against the handicapped.

In 1998 a Superior Court judge rejected a suit by another potential assisted living developer, Sunrise Development, who had also asked for an identical use variance in a residential zone.

In rejecting the application the Township Planning Board cited issues of traffic and overcrowding in the neighborhood. GSWA was concerned that this project plan did not have sufficient room for handling stormwater runoff.

Two Meetings Planned To Discuss Pipeline (Chatham Twp., February, 1999)

The Chatham Township Committee plans two meetings with representatives of TRANSCO to discuss the proposed Market Link expansion project.

The proposed natural gas pipeline would enter the Township within the Great Swamp National Wildlife Refuge, come across Long Hill after exiting Long Hill Township in the refuge and join an existing pipeline at Southern Boulevard.

The first meeting will be between the Township Committee & representatives from Transco sometime during the the week of February 22. A second meeting, tentatively scheduled for March 16, would specifically target the safety of residents. Representatives of Transco, PSE&G, the township committee, Police Chief Kurzenknabe, and members of the Office of Emergency Management will discuss what happens if there is an emergency, such as leaks or explosions.

Chatham Township has the support of U.S. Congressman Frelinghuysen and U.S. Senator Lautenberg in opposing the project. Both have written letters to the federal agency that must approve the pipeline, the Federal Energy Regulatory Commission (FERC). Frelinghuysen pointed out that the pipeline would potentially affect the part of the refuge that was designated by Congress in 1968 as a "Wilderness Area," and that the wetlands area that would be disturbed is a documented habitat of the bog turtle, which is listed as threatened under the Endangered Species Act. Lautenberg called the Great Swamp "one of our most sensitive ecological areas."

Driveway Proposal Passes ...Reluctantly (Harding Twp., January, 1999)

The Board of Adjustment in Harding Township voted on January 25th to approve moving a lot line to allow enough frontage to build what is viewed as an environment-threatening driveway. Members of the Board called the proposed 12% grade, ramp-like driveway up a 70 foot cliff face a "horrible plan," but said it was legally bound to grant the land owner, Edward Scudder III, access to his 10 acre property.

Any storm water runoff from the driveway is likely to add pollutants to the nearby Primrose Brook, which is classified by the state department of Environmental Protection as a "Category One" waterway, meaning its water is of high quality. It is also classified as a trout production waterway.

To mitigate storm water runoff problems, the Board of Adjustment put many conditions on the future construction of what one Board member called "the worst driveway possible." The Township engineer, Robert Fox, stipulated that 11 dry wells would have to be built along the driveway, and other measures taken to prevent erosion and sediment transport. Board member David A. Budd said , "We accept this proposal with the guarantee of the strongest possible erosion control plan, approval of the landscape plan and the monitoring of its effectiveness, as well as the effectiveness of the dry wells in the future."

The amount of attention the Board of Adjustment paid to controlling and monitoring storm water runoff was groundbreaking, and remarkably laudable from an environmental point of view.

A Half Penny Saved Is A Half Penny Earned (Morris County, January 27, 1999)

Although citizens of Morris County overwhelmingly approved an increase in the Open Space Fund tax from 2 cents to the maximum of 3 cents in the election last November, the Morris County Freeholders decided on January 27, 1999 to increase the tax by only half a cent. The Freeholders felt that the taxpayers would be overburdened by a full one cent increase in the Open Space Fund rate, considering that overall county taxes are expected to increase in 1999 for the first time in several years.

The new half cent open space increase will require a home owner with an assessed property value of $100,000 to pay another $5 in taxes this year. That is 0.5 cents per $100 of assessed value. County wide, the new tax increase is expected to generate an additonal 2.2 million dollars for open space in 1999, bringing the total monies generated for protecting open space to approximately 10.7 million dollars annually. -- TH

Frelinghuysen To Help Oversee EPA (January 30, 1999)

Rep. Rodney Frelinghuysen, 11th district...was appointed vice chairman of the Veterans Affairs, Housing and Urban Development, and Independent Agencies Committee. The importance being that one of the federal Independent Agencies is the Environmental Protection Agency. One of the responsibilities by Frelinghuysen as vice chairman is to provide oversight for spending by the EPA.

According to the Newsbee, a top priority will be to revamp the Superfund law so that it spends more money on clean-up, than it does on litigation. Frelinghuysen stated that 53% of the fund is now spent on legal fees.

The paper also noted that NJ has more superfund sites than another state in the nation, and that according to Frelinghuysen, the 11th district has more superfund sites than another district in the nation. -- TH

Morris Twp. Passes Environmental Ordinances (January 27, 1999)

Recent approval of ordinances in Morris Township concern steep slopes, tree conservation, and wetlands. The passage of these ordinances late last year has already had an impact on a proposed development in the township: The Ecke property off of Kitchell Road.

Slated for 8 building lots on approximately 9 acres of dense tree growth and rolling slopes, some in excess of 40.1%, the project proposed by SAJ Associates is now before the township Planning Board for a Denial Without Prejudice motion. The motion, for the most part, came as a result of the new ordinances being adopted. Those ordinances will significantly affect the scope of development for the Ecke property. Although, dvelopment is still likely, the size of the development most likely will be scaled back as a result of Morris Township's recent adoption of the ordinances, which where put forth by the Ten Towns Committee to protect the Great Swamp from increasing development within its watershed. -- TH

If At First You Don't Succeed... (Madison, January 21, 1999)

On February 8 the Madison Zoning Board will hear an application for sub-dividing 300 Madison Avenue to allow single-family lots on the southeasternpart of the site. The remainder of the site is occupied by a medical office building and parking lots. This site was previously targeted as a potential development for an assisted living facility in 1996. The Board rejected that application, after weeks of testimony, including numerous neighbors voicing strong opposition. The site sits atop prime aquifer re-charge soils. -- JK

When Is Impervious Surface Not Impervious Surface? (Madison, January 21, 1999)

The developer for the new office building at 7 Giralda Farms is asking for two variances for the 202,000 square foot building on 20-acres. One is to allow for additional parking spaces. The developer is seeking 660 parking spaces, 100 more than originally presented in July 1989 when the Planning Board approved the plan for the building. The developer is also asking for a setback variance to allow the underground garage to be built 128 feet from Loantaka Way (normally 250 feet is required). Local residents expressed concerns that stormwater runoff and flooding problems might be worsened by such an expansion. In describing the developers' intent for channeling stormwater runoff, the developer's representative, Joseph J. Fleming of Paulus Sokolowski and Sartor, Inc. stated that a polyethylene material would be hung over the sides of the garage, channeling water away from the garage roof. Thus, he did not consider the underground garage to be an impervious surface. The Planning Board must consider that opinion in deciding whether to grant the variance. -- JK

Assisted Living Project Rejected (Bernards Twp., December, 1998)

The Planning Board in Bernards Twp. has rejected the application for a use variance by the Ridge Oak Assisted Living group, basically scuttling the project in this location. Unless this is successfully appealed, the group will have to look elsewhere. The Planning Board cited issues of traffic and overcrowding in the neighborhood. GSWA was concerned that this project plan did not have sufficient room for handling stormwater runoff. -- JM

Nursing Home Foes Hire Lawyer (Bernards Twp., December 10, 1998)

Morristown attorney John Suminski, who represented residents against the Ridge Oak Assisted Living facility proposal [in Bernards Twp.], has been hired by a group of residents opposed to the proposal by Spring Hill Manor to purchase the former Fellowship Deaconry nursing home on Old Army Rd. in Bernards Township.

Spring Hill Manor proposes to raze eight of twelve buildings there and construct one new building for a net gain of about 4,000 square feet. Spring Hill Manor claims the increase is attributed to extra space for wider halls, larger bedrooms and bathrooms to meet code requirements. They told the board that the Deaconry used 84 beds but had capacity for 133, while Spring Hill Manor is seeking 94.

Objectors disagree about the number of beds actually approved for the Deaconry, claiming the Deaconry had approvals for no more than 84 beds.

Other objections include anticipated increased traffic on the narrow and hilly local roads - Old Army Rd., Old Farm Rd. and Childs Rd. - which are not suited for heavy traffic and could create problems for emergency vehicles. Objectors said Deaconry nurses lived on the property and had not caused increased traffic. --ACP

Editorial: Better Outreach Could Head Off Controversy (Bernards Twp., December 10, 1998)

The [Bernardsville News] editor is "deeply disturbed" by battles over recent development projects, such as proposed church complexes and facilities for the aging. "It has placed all involved, including the volunteer planning officials who must ultimately make the tough decisions, in extremely uncomfortable situations. Reject the plans and you can be painted as being against senior citizens or religious groups. Approve them and you're cast as supporting something residents' don't want."

The editor urges better outreach by the applicants to the area's residents in advance of any formal development proposals. --ACP

HARDING TOWNSHIP PLANNING BOARD MEETING, NOVEMBER 17, 1997

Application No. 1-97 and FHP No. 1-97 - Peter H. B. Freylinghuysen, Block 5, Lots 1, 1.01; Block 22, Lots 2, 3, 4, 4.01, and 5, James Street and Sand Spring Lane; Major subdivision, with variances and special flood hazard development permit: The Board voted unanimously to grant preliminary site plan approval for the section of the subdivision on the west side of James Street. This approval extends from 3 years to 10 years the period during which the application will remain exempt from any changes to current land use ordinances, with the exception of any new requirements in the future which might affect floor area ratio (FAR). The exemption period for ordinance changes affecting FAR will remain at 3 years. Approval action on the remaining section of the subdivision (on the east side of James Street) may be taken at the December Planning Board meeting.

The Township's professional planner presented two recommendations for changes to R-1 land use ordinances. The first concerns a proposal to establish a two-tier standard for maximum FAR which would limit FAR to 5% of the building lot area for a home with a front setback between 100' and 150', and 7% of the lot area for homes having a front setback greater than 150'. Maximum allowable floor area for a home in the R-1 zone located on the minimum lot size of 3 acres would thus be either 6500 square feet or 9100 square feet, depending on whether or not the home is placed more than 150' from the front lot line. The second recommendation was a proposal to establish a 35' maximum dwelling height based on the average height on all sides as measured relative to the pre-construction grade. The front of the dwelling would be limited to an absolute maximum height of 35'. The Board agreed to refer both recommendations for consideration by the Township Committee.

The Township engineer reported that little progress has been made in negotiating with the NJ Department of Consumer Affairs and its Site Improvement Advisory Board to obtain designation of the Township's Great Swamp overlay zone as an exempted "special area" under the statewide Residential Site Improvement Standards. The DCA Advisory Board has been requested to furnish copies of the technical reports which form the basis for its unyielding position on the issue of stormwater runoff calculation methodology.

In a preliminary step toward the possible drafting of a new ordinance to regulate development on steep slopes, the Board requested assistance from the Environmental Commission in determining the extent to which existing undeveloped parcels include slopes of 15% or more. Although the affected lots can be identified with information presently available to the Environmental Commission, the proportion of steeply sloping land on each will require further investigation. -- GCC

CHATHAM TOWNSHIP BOARD OF ADJUSTMENT NEWS

Cellular tower proposed for the Brill property ("The Farm at Green Village") was denied. Suggested alternate location is behind the police station on Southern Boulevard.

MOLINO DEVELOPMENT

European Builders, Molino property on Susan Drive, request for variance for 10 ft. retaining wall constructed of railroad ties when previous variance specifically stated no pressure-treated wood or similar substance could be used. Builder claimed he forgot that he couldn't use pressure treated wood and that the wall therefore was built in honest error. Request denied. [Editor's Note: The development on Susan Drive is built on a slope overlooking the Great Swamp across Myersville Road. Storm water from the hillside drains directly into a marshy area. Water-proofed and pressure-treated lumber leach chemicals into the ground water.]

STERLING/TUBLITZ

Sterling/Tublitz 122 unit townhouse complex next to Cost Cutters at Hickory Tree. They were hoping to get preliminary site plan approval at this meeting to beat the new Township impervious cover ordinance 97-051 requiring maximum coverage of 4,000 square feet plus 12% of lot area greater than 10,000 square feet. Sterling claims this ordinance will reduce their building capacity by over 250,000 square feet. The ordinance will be submitted for consideration and final passage at the Chatham Township Committee meeting Dec. 11. The Board of Adjustment decided to devote all of its Dec. 10 work meeting to Sterling, but Board president Richard Hinderliter was doubtful the matter could be resolved in only one meeting. He said he was "not prepared to railroad" site plan approval through the system "just to beat the impervious cover ordinance."

The fact that there is now no sewer flow capacity for the development was mentioned but not discussed since that is not a Board of Adjustment matter.

Judy Carlsson presented the concerns the Environmental Commission developed after their site inspection of the Sterling property a few weeks ago:

• Wetlands. NJ DEP LOI classifies wetlands on the property as an intermediate resource, requiring a 50 ft. buffer, but Sterling has a statewide general permit to dredge the pond. After dredging, the pond will become state open water, so no buffer will be required. No buffer is shown on the site plans. Wetlands adjacent to Shunpike Rd. are of intermediate resource value and the site plans show a buffer.

• Beech tree. A "magnificent" beech tree on the property is scheduled to be cut down. Sterling said it had no plans to save the tree.

• Hydrology. Sterling is not withdrawing water from the ground, i.e. from the Buried Valley aquifer, so is not having a negative effect on the aquifer. Their stormwater plan calls for some recharge.

• Culvert under Shunpike Rd. It can handle a 50 year storm but not a 100 year storm. Sterling claims the culvert's capacity is adequate when combined with on-site detention basins.

• Traffic. Morris County Planning Board is close to approving Sterling's traffic plan. Widening of Shunpike, a county road, is required by the county.

• Other. Need wider access drive onto Green Village Road. Need walkway from Sterling to Hickory Tree shopping. Need bike/walkway from Hickory Tree to Loantaka Park. Need more open space in the Sterling development, maybe benches near the pond. Stream banks are 4-5 feet deep so would be nice to have a 25 foot buffer. Sterling has no plans for a buffer or fence along the stream, and in some places building would come as close as 15 feet to the stream. The stream is classified as state open water. The Environmental Commission saw many mature trees on the property even though Sterling says there are no specimen trees. "Specimen tree" is apparently a technical term referring to a tree that has been registered with a certain NJ agency.

-- DS

HARDING 'S APPLICATION FOR SPECIAL AREA DESIGNATION IS CHALLENGED

Harding Township has applied to the NJ Department of Community Affairs (DCA) for "special area" designation to protect lands located within the Great Swamp watershed.

If approved, Harding would be granted an exemption from certain provisions of the recently adopted statewide Residential Site Improvement Standards. These standards pre-empt all corresponding local standards except for cases in which a community can demonstrate that its local standards have been designed to accommodate specific extraordinary or unusual situations. In its application, Harding requested waivers for road widths on private roads, and for stricter stormwater management standards.

The application, which has so far received only limited approval, was accompanied by a supporting Master Plan amendment and a comprehensive stormwater management plan. The DCA has so far been unwilling to accept the Township's proposal to use an alternative method for calculating stormwater runoff which would be more appropriate for use within the environmentally sensitive Great Swamp watershed. The calculation in question is used in the sizing of detention basins and related drainage features, and Harding's approach would support its goal of managing stormwater runoff with no net increase in volume or pollution. Harding has received support from the Ten Towns Great Swamp Committee, the Passaic River Coalition, Mendham Township, and NJ Assemblywoman Carol Murphy. Although further discussions with DCA are expected, the status of Harding's special area designation is presently limited to road design standards only.

NEW MT. KEMBLE CORPORATE CENTER TO BE BUILT ON SUPERFUND SITE?

The construction of a new 220,000 square foot office building complex has been proposed for the former Diamond Shamrock laboratory research site on Mt. Kemble Avenue in Morris Township. Approximately 16 acres of the tract lies within Harding Township, but will not be developed. The previous commercial buildings and related improvements on the property were demolished a number of years ago. Although the application remains incomplete as of this writing, the Morris Township Planning Board has already received traffic studies from the applicant which indicate the need for additional traffic lights at intersections serving the development. Harding has requested Morris Township to require the applicant to undertake an additional study to address the problem created by increased traffic at the intersection of Sand Spring Road and Mt. Kemble Avenue.

The project also has the potential for significant adverse impact on the undeveloped Harding land as a result of an increase in stormwater runoff volume and a reduction in water quality. Additionally, the Diamond Shamrock site, also known as Oxy Process Chemicals, Inc., appears on the current list of EPA Superfund sites in New Jersey. According to the EPA, before the facility was closed, hazardous wastes associated with various industrial organic chemicals were stored in drums under secure roofed sheds or within enclosed structures, and there was no history of any spillage from drums at the site.

However, other sources of waste were tied into the laboratory sink wash water disposal system, which retained wash water in the lab sink retention tank and lab waste retention tank prior to being discharged into the sewer system. Neither tank had been in use since 1975. The lab waste retention tank, an open basin with a 12" thick concrete liner, was tested in 1985, and analysis of sediment from the tank indicated the presence of an unspecified semivolatile compound, petroleum hydrocarbons, total organic carbon, total cyanide, and an unspecified inorganic chemical. Additional sampling was carried out in 1988, apparently after the residue had been removed, and the EPA concluded that this tank was not hazardous. The last entry in the EPA's database for this site was made in February, 1989. At about the same time, the EPA issued a recommendation that no further remedial action at the site, because, among other reasons, the lab waste retention tank was covered, and there was "? little potential for direct contact with any of the remaining waste on the site."

The EPA's information has not been updated since the laboratory research facilities were demolished, and several questions about the status of the laboratory waste retention tank should be addressed. Assuming that the tank was removed when the buildings were torn down, what was in the tank before it was removed, and what became of the contents, if any. Was the tank installed in direct contact with any soil? If so, was the soil tested prior to backfilling or re-grading after the tank had been removed? Was the tank dismantled on-site for disposal at a licensed recycling facility, or was it hauled away as a complete unit? Is there any documentary evidence of an appropriate chain of custody among the various parties who might have been involved in the removal, transportation, demolition, or other handling of the tank or its contents?

If the waste retention tank or its remnants are not traceable through a sequence of approved testing, handling, and disposal procedures, perhaps the tank was never removed from the site; if this is the case, the tank may exist today, either intact or in pieces, possibly commingled with the visible or buried rubble at the site. In any event, it is hoped that Morris Township will require conclusive evidence that the tank does not represent a significant enviromental hazard before allowing any new construction to proceed at the site. A public hearing in Morris Township is scheduled for November.

HARDING ENDORSES GREAT SWAMP WATERSHED MANAGEMENT PLAN

Harding Township has endorsed the management plan for the Great Swamp watershed as developed by the Ten Towns Great Swamp Committee. The plan comprises a group of model ordinances which, upon acceptance by an individual municipality, will establish standards for drafting or amending local land use ordinances covering stream corridor and wetlands protection, soil moving, tree removal, steep slopes, environmental impact statements, and stormwater management. The Township also agreed to make a contribution of $10,000 to the Ten Towns Committee to be applied to next year's operating expenses. A total of $35,000 has been requested, with the amount from each member town varied in proportion to the area it occupies within the watershed. -- GCC

HARDING TOWNSHIP PLANNING BOARD - September, 1997

Application No. 1-97 and FHP No. 1-97 - Peter H. B. Freylinghuysen, Block 5, Lots 1, 1.01; Block 22, Lots 2, 3, 4, 4.01, and 5, James Street and Sand Spring Lane;
Major subdivision, with variances and special flood hazard development permit. At the July 28 meeting, the applicant's engineer reviewed alternative proposals for realigning two of the new roads to save more trees. Comments on the application were received from the Environmental Commission, bridle path organizations, and the Great Swamp Watershed Association. Comments were generally supportive of the applicant's efforts toward preservation, but concerns were expressed about the potential for further development when the larger lots change hands and are subdivided by future owners. The public hearing was continued at the August 25 meeting, when the applicant presented amended plans showing further revisions to roadway alignments, the addition of a 50' wide stream corridor to the conservation easement, and the inclusion of more wetlands and buffer areas in the parcel to be dedicated to the Harding Land Trust. The applicant's engineer reviewed drainage issues, including the use of cross-drains and dry wells. Maximum utilization of overland flow is intended, and no detention basins are planned. The board requested the applicant to consider additional easements or other means to achieve permanent protection of the extensive regulated wetlands and the stream corridor. As a minimum, the board would like to see the stream corridor width increased to 100'.

Application No. 6-96 - Jean Buckley, Block 1, Lot 2.01, Shalebrook Drive, (property also located in Bernards Township); minor subdivision with variances:
The applicant's request for a three-lot subdivision was reduced to two lots, and the modified application was approved by the Planning Board at the June 23, 1997 meeting.

Special Area Amendments to Master Plan -
The Township's application for "special area" designation to protect lands located within the Great Swamp watershed has so far received only limited approval from the NJ Department of Community Affairs (DCA). This application was accompanied by a supporting Master Plan amendment and a comprehensive stormwater management plan. The recently adopted statewide Residential Site Improvement Standards pre-empt all corresponding local standards except in cases where the local standards have been designed to accommodate extraordinary or unusual situations. A primary issue with DCA is the Township's proposed method for computing the volume of stormwater runoff. Pending further discussions with DCA, the Township's special area designation is presently restricted to road design standards only.

R-1 Zone Development Standards -
The Township's professional planner discussed the possible uses of floor area ratio (FAR) and building area limits as criteria in future revisions to R-1 zoning standards. Under NJ Municipal Land Use Law, the computation of FAR includes all floors, basements, attics, and garages. A limitation on maximum building area, however, would set the size of the largest allowable footprint for a building in a given lot.

Mt. Kemble Corporate Center -
Construction of a 220,000 square foot office building complex has been proposed for the former Diamond Shamrock site on Mt. Kemble Avenue in Morris Township. Approximately 16 acres of the tract lies within Harding Township, but will not be developed. Although the application remained incomplete as of August 25, the Morris Township Planning Board has received traffic studies from the applicant which indicate the need for additional traffic lights at intersections near the development. The potential also exists for significant adverse impact on the undeveloped Harding land as a result of an increase in stormwater runoff volume and a reduction in water quality.

RIDGE OAK ASSISTED LIVING APPLICATION MADE TO BERNARDS TWP.

Anticipated since last year, the application for the Ridge Oak assisted living facility has been received by the Township and the approval process has begun. The plan calls for a single building located at the end of East Oak Street, across from the existing Ridge Oak Senior Housing facility. The property is at the edge of the Great Swamp and part of the two lots in question contains wetlands. All of the property drains into the swamp. Drawings show a detention swale and a mound or dike along the downhill edge of the property.

Given the rejection by the Board of Adjustment of the Sunrise Development application (and subsequent lawsuit) based in part on anticipation of this community-based project, and given the fact that the property has already received approval for residential subdivision, it is predicted that this application will be granted.

UPDATE 1/13/98: In the hearings so far, there has been a lot of opposition from local residents in the neighborhood, whose concerns center on traffic, noise and environmental issues. The Bernards Twp. Environmental Commission has likewise expressed some doubts as to the project's plans for storm water runoff and drainage. The central dilemma is that while most people feel that this is a worthwhile project, many feel it is being put in the wrong place. (See archive article directly below.) The issue remains unresolved.--JM

ASSISTED LIVING VOTED DOWN IN BERNARDS TWP.

The Bernards Township Board of Adjustment voted February 5th, 1997 to deny Sunrise Development their use variance for the property on North Maple Avenue. The vote was 7 - 0 against. Board members cited as a reason their feeling that the R-1 zone in that neighborhood was too important to the Master Plan to dilute.

Other factors may have included a second application in the same area for a hotel of similar design to that of Sunrise (the Bucina application, still pending), as well as the fact that Sunrise committed the gaffe of prematurely placing ads in the NY Times and the Star-Ledger "announcing" their immanent arrival in Basking Ridge. --JM

UPDATE April 30, 1997: Sunrise Development has filed suit against Bernards Township in Superior Court, accusing the town of "acting unreasonably" in denying the application for 4 separate variances and the construction of a 50,000 square foot commercial building in a residential zone, and alleging the town did not consider regional and state needs in making its decision.

(See related material on the assisted-living issue.)

CASTING STONES AT THE QUARRY

The Millington Quarry (actually located in Bernards Township) has become the focus of local discontent as residents react to an increase in dust, noise and heavy truck traffic. There will be a special public hearing on January 9th to hear comment on the license renewal for the quarry in 1997. The meeting will be held at the township meeting room at 7:30 PM.

UPDATE: This issue has made the regional papers. See the article on p.21 of the Newark Star-Ledger for 1/14/97. The January 9th open public hearing on the re-licensing drew a large crowd and comment continued until the wee hours of the morning of the 10th. The point was raised that the burden of proof resides with those who seek to show that noise standards are being exceeded, not with the quarry, which holds that it is in compliance. Making proof more difficult is the fact that in the winter, the quarry shuts down much of its stone crushing and sorting operations: the alleged source of much of the nuisance.

Whether it is re-licensed or not (and most informed sources say that it will be) the quarry property will remain subject to scrutiny. With the final subdivision of The Hills development in the southwest corner of the township in progress, the quarry property becomes the last major undeveloped parcel of land in Bernards -- and much of the site drains into the Watershed.

UPDATE 1/13/98: Community opposition to the quarry continues, despite the Township's hiring of a noise expert whose findings indicated that, while some improvements could be made, most of the quarry operation was within the standards for that activity. --JM

KESSLER REVISES CHATHAM ASSISTED LIVING PLAN

Kessler came before the Chatham Township Planning Board tonight with a "concept plan" for their assisted living facility which was very favorably received. Almost no negative comments from the Board and Kessler was in and out in no time. Highlights of what they propose for the 6.2 acre DiBiasse property on Southern Boulevard across from the Hickory Tree shopping center:

• on-site mitigation of stormwater is expected to be achieved, mainly via a detention pond. The pond's outfall is into a stream at the back of the lot, which incidentally sometime in the past was illegally filled to block flow onto a nearby property. The stream eventually crosses Southern Boulevard and flows into the Great Swamp.

• approximately 70,000 square feet will be the total impervious cover, amounting to about 26% of the lot (up to 40% is allowed in the zone.)

• 94 units (100 are allowed), 134 beds (134 are allowed), 2 stories high (2 1/2 are allowed) are proposed.

• LOI has been received. Wetlands of intermediate value cover almost half the property. An Environmental Impact Statement has yet to be prepared. --DS

LONG HILL SAYS NO TO TRENTON, YES TO ENVIRONMENT

The Long Hill Township Committee took a series of bold and decisive actions at its 14 MAY '97 meeting:

An application for Special Area Status was unanimously approved and forwarded to the Department of Community Affairs, requesting that the entire Township be designated as a Special Area that would not fall under the new Residential Site Improvement Standards. The application included resolutions that recognized the importance of (1) the Great Swamp Watershed, (2) the Upper Passaic River Basin, (3) the Watchung Range that runs through the Township, and (4) the Township's Historic and Scenic Roadways.

The Long Hill Environmental Commission presented an Open Space Plan to the Township Committee to launch the Committee's initiative (unanimously approved) to place an Open Space Trust Fund Referendum (2 cents per hundred) on the November 97 ballot. Len Hamilton, representing the Great Swamp Watershed Association, presented the Committee with a pre-publication copy of "The Benefits of Open Space" to assist them in their deliberations.

Long Hill finally got the attention of the Department of Transportation to hold a public meeting on the design of the Hillcrest Road bridge replacement. After a series of letters pointing out the failures of the design in terms of both flood control and aesthetics, we believe it was finally through the help of our representatives to government (Mr. Bagger and Mr. Frelinghuysen) that the DOT blinked and agreed to hold a meeting. Although it was initially scheduled for 21 MAY '97, we have requested a re-scheduling to insure that an Army Corps of Engineers representative could be there to reaffirm the flooding potential of their original flawed design.

Although its never over until its over, the comprehensive new set of ordinances (including tough new storm water management (no net), steep slope and critical area ordinances) is on schedule for approval within the next few weeks. All indications are that it will pass easily and unanimously.

The Committee is enthusiastically moving forward with the Ten Towns Great Swamp Committee, electing Len Hamilton as the representative to the group. -- LH

HARDING TOWNSHIP PLANNING BOARD MEETING, MARCH 24, 1997

Pending Application

Application No. 6-96 - Jean Buckley, Block 1, Lot 2.01, Shalebrook Drive, (property also located in Bernards Township; minor subdivision with variances: The applicant presented a real estate expert whose testimony addressed the financial value of the steeply sloped property which straddles the Passaic River. The Board heard further testimony from the applicants's engineer and planner concerning driveway slopes and easement widths, retaining wall design, drainage features and design calculations, and emergency vehicle access. An environmental scientist expert who testified on behalf of the owner of an adjoining property discussed the ecological value of the affected wetlands. All parties agreed that the current site plan complies with all applicable environmental regulations in effect at the time of the original application. Public hearing will be continued at the April 28 meeting.

New Application

Application No. 7-88 - Hartley Farms, Inc., Spring Valley, Blue Mill and Red Gate Roads; Final major subdivision: The Board voted 6-0 to grant final approval subject to the following: (1) All conditions of the Morris County Planning Board letter dated March 24, 1997 must be satisfied; (2) Removals of existing buildings which will not be retained after development must be accomplished within 6 months; (3) Final asphalt paving course must be applied to bring road surfaces up to grade level within 30 days of starting road construction to facilitate sheet drainage; (4) Details of the fire fighting water tank design must be submitted to the Township engineer; (5) Existing septic fields which extend onto common-owned property or roadways must be relocated within lot boundaries prior to starting road construction or when affected land otherwise leaves common ownership; and (6) Signage at main entrance must be provided to permit use of hardened shoulders on roadways in traffic passing situations.

CHATHAM STARTS THE YEAR OFF STRONG

Stormwater! Assisted living! Land use planning! The dedicated and hard working citizens of Chatham Township who volunteer to serve on the local boards that grapple with these issues are beginning to see results.

The Stormwater Advisory Committee's consultant has prepared a map showing all the storm drains and catch basins in the Township as part of a comprehensive stormwater management plan and report. "Bank and outfall stabilization is one of the most important steps in controlling sediment transport, which is also related to pollutant transport" begins a section of the report. An outfall is where the storm drain pipe ends and an open ditch begins. 88 of the 134 outfalls in Chatham Township flow into the Great Swamp (the others flow into the Passaic River, one of the sources of Chatham Township's drinking water.) Detailed information about stormwater flow will be needed for the effective enforcement of ordinance 97-01 which was passed by the Chatham Township Committee on Feb. 13. 97-01, the first ordinance of the new year, a stormwater ordinance based largely on the model stormwater ordinance prepared by the Great Swamp Watershed Association, requires no net increase in volume or level of pollutants in stormwater runoff from new land development projects in the Township. This year, for the first time, stormwater has top priority in Chatham Township. Click here to see a copy of the model ordinance.

On the advice of the Chatham Township Planning Board, "no assisted living institutions in a residential zone" is the policy recently adopted by the Chatham Township Committee, which has passed a new ordinance setting "bulk requirements" (minimum 5 acre lot size, and specific figures for setbacks, impervious cover, height, number and location of parking spaces) for assisted living facilities. The Great Swamp Watershed Association had expressed concerns about locating such a facility on the Platt property on Green Village Road, where much of the land not only possessed sensitive wetlands almost adjacent to the Great Swamp but was located in a residential zone. As a result of this ordinance, the Platt property is ruled out for the Kessler Institute, which is now considering a much less environmentally sensitive site with fewer wetlands on Southern Boulevard. Other provisions of the ordinance: assisted living facilities may be located only in a Professional/Institutional zone or in a Business zone. A maximum of 15 units and/or 20 beds per acre will be allowed with a total maximum of 100 units and/or 134 residents. The Planning Board and Township Committee saw a need and acted swiftly to preserve the environment in Chatham Township. (See related material on the assisted-living issue.)

Did you know that one third of Chatham Township is in the Great Swamp? The Natural Resources Inventory being prepared by the Chatham Township Environmental Commission with a modest grant from the NJ DEP (Department of Environmental Protection) will document a natural history of the town, including geologic features, enumeration of plants and animals, and an assessment of available open space. Due to be completed by fall, the inventory will be a vital document for planning the best use of the remaining undeveloped land in Chatham Township and preserving a large portion of the Great Swamp. --DS

IF YOU DON'T THINK STORM WATER RUN-OFF IS AN IMPORTANT ISSUE...

...talk to people both in and downstream from the Watershed, not to mention people living along the Raritan and Millstone Rivers and other waterways in New Jersey..

The nor'easter of October 19th, 1996 created the heaviest flooding in the area since the early 1970s and some long-time residents thought it was the worst ever. Roads were closed throughout the communities that make up the Watershed and many areas in Long Hill Township, Berkeley Heights and New Providence were under water until mid-week. The height of the Passaic River leaving the Watershed through Millington Gorge was almost sufficient to wash away bridges separating Bernards Twp. from Long Hill Twp.

While the volume of rain guaranteed that there would be some flooding (Long Hill Township recorded a state-high reading of 8 inches in 24 hours!), generations of development in and around the headwaters of the Passaic increased both the volume of run-off and the speed with which it entered the river. Residents and businesses downstream are now paying a hefty tab for years of real estate profits in the Watershed. --JM

HARDING TOWNSHIP PLANNING BOARD MEETING, APRIL 28, 1997

Bayne Park Landscaping Presentation

The Garden Club presented recommendations for landscaping enhancements in Bayne Park based on a plan developed by a landscape architect working in consultation with the Township Administrator and the Department of Public Works. The plan has been endorsed by the Shade Tree Commission. Numerous possibilities were offered for the Board's consideration, including pond bank erosion control, pond dredging, handicapped access, parking lot fences and curbing, selective removal of dead and diseased trees, relocation of the dedication monument, and esthetic improvements to the ice skating areas.

Pending Application

Application No. 6-96 - Jean Buckley, Block 1, Lot 2.01, Shalebrook Drive, (property also located in Bernards Township; minor subdivision with variances. The Board's attorney raised a question concerning the basis for setback measurements on Lot 6.03. The applicant's plan shows the 100' setback measured from the lot line, which is beyond the line of a roadway easement giving access to Lot 6.04. The applicant was requested to address this situation in future testimony. The Board heard final testimony from the applicants's engineer and planner concerning driveway slopes and easement widths, retaining wall design, drainage features and design calculations, and emergency vehicle access. Public hearing will be continued at a special meeting of the Planning Board on May 21, 1997.

Approval of Resolution

Application No. 7-88 - Hartley Farms, Inc., Spring Valley, Blue Mill and Red Gate Roads; The Board voted in favor of a resolution approving final major subdivision.

HARDING TOWNSHIP PLANNING BOARD MEETING, MAY 19, 1997

Bicycle and Pedestrian Element of Revised Morris County Master Plan

A representative of the Morris County Department of Planning and Development discussed the proposed formation of an advisory committee to consider revisions to the bicycle and pedestrian element of the county's Master Plan. The committee would identify potential opportunities to expand existing facilities, address safety and health concerns, and encourage the use of alternative forms of transportation. If the Township decides to participate, it can nominate one representative to serve on the advisory committee, which is expected to meet approximately three times within the next year.

Application No. 1-97 and FHP No. 1-97 - Peter H. B. Freylinghuysen, Block 5, Lots 1, 1.01; Block 22, Lots 2, 3, 4, 4.01, and 5, James Street and Sand Spring Lane; Major subdivision, with variances and special flood hazard development permit. The applicant's engineer provided an overview of the proposed subdivision comprising 14 residential building lots, 2 road lots, and 1 dedicated lot on the west side of Jame Street, and 9 residential lots and 1 roadway on the east side. An additional lot is located in Morris Township. Eight variances are sought for the parcel on the west side of James Street, where the proposed subdivision will affect front and side setbacks of existing structures. Two variances are sought for the east side of the road, both of which also involve existing structures. The applicant reported that all Board of Health requirements have been met.

The applicant presented plans which were marked to delineate wetland areas on the property. Conservation easements will be placed on the northern ends of the lots on the west side of James Street. Two stream crossings are proposed, one one each side of James Street. Letters of Interpretation (LOI's) have been requested from the NJ DEP, which has issued a LOI with minor comments for the east side subdivision. DEP has not yet responded with a LOI for the west side.

A site inspection was held on Saturday morning, May 17, 1997. Specimen oaks and significant stands of pines, dogwoods, and beeches were noted, and the applicant was requested to tag all trees scheduled for removal. The Board will re-visit the site on June 12 at 6 PM.

Special Area Amendments to Master Plan - The Board voted unanimously to introduce an ordinance amending the Master Plan to establish the eligibility of Great Swamp watershed as a "special area" within the context of the recently adopted statewide Residential Site Improvement Standards which will become effective on June 3 of this year. The ordinance will be submitted to the NJ Department of Community Affairs together with an application for special area designation which will permit the Township to apply its own standards for road widths, surface treatments, and other development features having direct impact on the watershed.

Land Use Regulatory Reform Act - The Morris County Planning Board will sponsor a meeting on June 9, 1997 at the police and fire training facility to discuss the so-called "builder's bill" now pending in the state legislature. This bill (A-2827), which has bi-partisan sponsorship, would shift much of the approval authority now vested in planning boards and zoning boards of adjustment to a single "permit review official" in each municipality.

RECENT ACTION IN HARDING

Harding Planning Board Meeting, January 27, 1997

Application No.11-96 - Village Road, Block 15, Lot 9, minor subdivision with variances: Public hearing on this application was postponed. The applicant is seeking to create a new three acre lot from an existing 10 acre parcel which includes a residence. The unimproved three acre lot would be protected against future development by means of a conservation easement or similar arrangement which would be based on the fair market value of the property. The Board has requested the applicant to address certain prerequisites for establishing the "buildability" of the proposed new lot.

Application No. 6-96 - Block 1, Lot 2.01, Shalebrook Drive, minor subdivision with variances: Discussion of the proposed subdivision of 27 acres between Shalebrook Drive in Harding and Hardscrabble Road in Bernards Township continued with presentations by the applicant's engineer and planner. The applicant's attorney informed the Board that he anticipated litigation by neighbors objecting to the requested variances. The site plan has been revised to reflect comments offered by Board members at the previous hearing and at the site inspection on January 11.

Application No. 7-88 - Hartley Farms, Inc., Spring Valley, Blue Mill, and Red Gate Roads, Block 4, Lots 1.01, 1.02, and 1.03, final major subdivision: This application has been placed on the agenda for the February 24 meeting for public hearing and possible action. The application involves the phased development over a 25-year period of approximately 132 acres of the 170-acre Hartley Farms, once part of the Marcellus Hartley Dodge estate. The 24-acre Remington Forest and the 14 acre polo fields will remain undisturbed. The remaining land will be subdivided into lots for up to 27 new homes and 5 existing residences. Under maximum build-out, a total of 47 new building lots could have been created. --GCC

Harding Township Committee Meeting, February 3, 1997

Proposed Revisions to Ordinance No. 8-96 amending land use and development: Proposed changes to the ordinance as passed by the Committee in December which would exclude basement and attic spaces from the computation of floor area ratio in the Route 202 corridor B-2 commercial zone were withdrawn by the Committee.

Request for Exemption from Statewide Residential Site Improvement Standards: The Committee intends to request exemption status for that area of the Township which lies within the Great Swamp watershed. If granted by the NJ Department of Community Affairs, this exemption would cover more than 90% of the township's total area. As of this writing, specific qualifying criteria for exemptions have not been published. (Click here to see related material on statewide site standards.) --GCC

Harding Township Committee Meeting, February 10, 1997

Historic Preservation Ordinance: The Committee introduced an ordinance which will require that notice be given to the Historic Preservation Commission prior to the proposed demolition of any house which was built before 1915 or is located within a designated historic district. Demolition must not proceed for 20 days after the required notice has been given, or until the Historic Preservation Commission issues a report, whichever occurs first.

Open Space Trust Ordinance: The Committee introduced an ordinance to establish an Open Space Trust Committee to determine criteria for acquisition of land and development rights with property tax revenues received under the Open Space Trust Fund assessement. The Open Space Trust Committee will hold open public meetings and elect its own officers. It will from time to time advise the Township Committee as to the availability of prospective land for acquisition. Land so acquired by the Township will be prohibited from lease, sale or disposal without public referendum. If no land is acquired within three years, the Township Committee will review the activities of the Open Space Trust Committee and recommend changes to policy. Public hearing with possible adoption is scheduled for March 10.

Draft Stormwater Runoff Ordinance: The Township engineer will meet with the Township Committee attorney in February to discuss possible streamlining of the present draft. Of particular concern is the fact that reference documents and standards are included in full text within the ordinance. The rationale for stream corridor protection setback requirements also needs clarification.

Cellular Tower Committee: The Committee intends to make a formal proposal to establish a Cellular Tower Committee which will be charged with the responsibility for identifying the Township's options for responding to applications for cellular towers within it boundaries, and for setting the minimum standards for tower siting and related criteria. A similar committee already exists in Bernards Township.

Kalkin/NJ DOT Wetlands Mitigation: Progress of the ongoing work at the site of the once-proposed Shops at Primrose strip mall on Mt. Kemble Avenue was reviewed. The Committee was advised that contractors are now in the process of filling the old swimming pool. The old clubhouse will be demolished, and a low berm will be created along the road. The site was acquired by NJ DOT to use in mitigation of wetlands lost in the widening of nearby sections of Route 287. --GCC

OPEN SPACE TRUST FUNDS PASSED!

Both the Chatham Township and the Harding Township ballot referenda for establishing Open Space Trust Funds passed overwhelmingly (3-1 in favor). The measures establish a tax assessment on property value, the revenues from which are to spent to acquire open space within the respective communities. The assessment in Chatham will be $10 per $100,000 and in Harding it will be $20 per $100,000. Because of differences in the tax bases, both these rates will raise approximately the same amount of money: $100,000 annually for each town.

Harding has an existing fund of $100,000 for this purpose. The enabling resolution was inititated by petition with the support of the Environmental Commission, GSWA, and other local organizations.--JM, GCC

TOWNHOUSES WILL BE BUILT NEXT TO COST CUTTERS.

Up to 122 units was the maximum approved by the Chatham Township Board of Adjustment at its Dec. 19 meeting in a resolution granting a use variance to Sterling Properties/Tublitz. In granting the variance the Board of Adjustment made it clear that all buildings would have to comply with the current height ordinance (2.5 stories & 35 feet) and the current setback requirement of 75 feet from Shunpike and Green Village Road, that no substantial change would be allowed from the placement of buildings and roads shown in the current concept plan, that a maximum of 20% building coverage and 35% impervious coverage would be strictly adhered to, and that the maximum density would be 4.19 units per acre. The property is a prime recharge area -- much is sand and gravel dropped by the last glacier -- and is an aquifer supplying drinking water to the area. The next step for Sterling is to gain approval for its site plan. Sterling will be on the agenda of the Board of Adjustment Jan. 16 for final approval of the use variance. --DS

ASSISTED LIVING FACILITIES WILL BE CONTROLLED BY A NEW ORDINANCE.

At a special meeting on Dec. 11 the Planning Board requested Chatham Township planner Robert O'Grady to draft an ordinance setting forth bulk requirements for assisted living facilities in the Township. The requirements would include: 5 acres minimum, max. 15 units per acre, max. 20 beds per acre, max. 100 total units, compliance with current height ordinance, max. 2 habitable floors, min. 100 foot setbacks to front of building and to nearby houses, min. 50 foot setback to nearby non-residential structures, 15% max. building coverage, 40% max. impervious coverage, 1 parking space for every 2 units, 10 foot setback from building for parking spaces, max. 10 parking spaces in front of building. No encroachment into a residential zone will be allowed; only areas zoned P & I (Professional and Industrial) or B (Business) will be considered. These requirements are consistent with others in the Township for conditional use for similar facilities, nursing homes for example. Kessler/Juniper Partners, which hopes to build an assisted living facility in Chatham Township, claims these requirements would add $300 per month to the price of a unit. Kessler will submit plans for how their facility would look. --DS

(See related material on the assisted-living issue.)

STORMWATER ORDINANCE 96-32 PASSED BY CHATHAM TOWNSHIP COMMITTEE ON DEC. 12.

Because the language of this ordinance follows exactly the handwritten additions made by the DEP (Department of Environmental Protection) to an earlier Township ordinance, the Township hopes this ordinance will be approved by the DEP for the granting of a DAC (Discharge Allocation Certificate) to allow additional sewage flow, up to one million gallons per day. However, 96-32 has two serious flaws: it allows builders to pay a fee, calculated on hypothetical circumstances, for planning or other non-mitigation activities, instead of actually controlling stormwater on site. Also, the Township engineer has sole authority for determining this fee and for determining the increased stormwater runoff. --DS

TREADWELL AVENUE WILL BE PAVED.

The Chatham Township Planning Board at its Dec. 16 meeting, as a condition for recommending approval for a minor subdivision of 3 lots on the unpaved portion of Treadwell Avenue, will require the developer to pave the road adjoining the property. A method called "chip and seal" will be used. All the houses on Treadwell Ave. along that section have blacktop driveways. --DS

OPEN SPACE ZONING EXPERT ADDRESSES HARDING CIVIC ASSOCIATION ANNUAL MEETING

A "standing room only" audience gathered at the Civic Association's annual meeting on November 20 to hear a timely presentation on open space zoning and conservation design by Randall Arendt, vice president of The Natural Land Trust of Media, PA. Mr. Arendt, whose appearance was jointly sponsored by the Civic Association, the Township Committee, Harding Land Trust, Residents for a Rural Harding, and the Great Swamp Watershed Association, is a nationally recognized authority on planning techniques for preserving open space. His remarks focused on many of the issues Harding now faces in its evaluation of proposed flexible zoning alternatives for the remaining undeveloped land within the community, and he encouraged Harding's citizens to establish rigorous standards for development which are consistent with the town's own vision of its future. The central feature of Mr. Arendt's approach to open space planning is the use of dwelling density (i.e., average lot size) rather than minimum lot size for determining the total number of homes permitted for development in a subdivision. Using a density-based zoning plan, a town such as Harding would establish a reasonable standard for average lot size (which would not necessarily be limited to Harding's current 3-acre minimum), and would also set an absolute minimum lot size based on separation requirements for wells, septic systems, or other constraining factors. Mr. Arendt described a number of projects throughout the country in which open space planning has been used successfully to preserve viewscapes, wetlands, streams, and other natural features. --GCC

HARDING PLANNING BOARD MEETING, NOVEMBER 25, 1996

Review of Pending Ordinance No. 8-96 amending land use and development: Draft ordinance affecting floor area ratio and impervious coverage in the Route 202 corridor was found acceptable by the Board, and will be subject to public hearing and possible approval action at the December 9 meeting of the Township Committee.

Application No. 6-96 - Block 1, Lot 2.01, Shalebrook Drive, minor subdivision with variances: A total of 27 acres between Shalebrook Drive in Harding and Hardscrabble Road in Bernards Township has been proposed for subdivision into three lots, one with an existing home. Much of the land is heavily wooded with steep slopes, and the tract straddles the Passaic River near its headwaters. Action was carried over to the next meeting, when the applicant is expected to address concerns expressed by the Board about the suitability of the terrain to support two additional homes, steep slopes in the building envelope of proposed Lot 6.03, and the stability of certain sections of the land which reportedly had once been used for gravel mining.

Concept status on pending Frelinghuysen application: About 300 acres of the Frelinghuysen estate will be proposed for subdivision into a total of 24 lots on both sides of James Street. Although a formal application has not yet been received, one is expected before the end of this year, and Board agreed to undertake an informal site inspection on Saturday, December 14, at 9AM.

Status of lot size averaging and related issues: The Board will resume discussion of this subject after the first of the year, and will dedicate additional time for public participation in reviewing the available alternatives, including the concepts outlined by Mr. Randall Arendt at the recent Civic Association Annual Meeting. --GCC

CELLULAR TOWER

At a special meeting of the Board of Adjustment on October 30 to hear the Bell Atlantic-NYNEX application for construction of a second cellular telphone tower in Harding Township, the applicant advised the Board that a preliminary indication of approval from NJ DOT for use of an alternative location on state-owned property at the Route 202 rest stop has been received. The applicant intends to pursue the DOT site with the expectation of obtaining formal approval within a month or two, and asked the Board to postpone the hearing on the Holiday Nursery site on Mt. Kemble Avenue.

The Board granted the request for postponement and encouraged Bell Altlantic-NYNEX to continue its application with DOT; however, the Board's attorney noted that all local jurisdiction will be pre-empted by the state if the tower is approved for the DOT site. The state will require further review of the project by the Department of Community Affairs, and a public hearing must be conducted by the DOT Office of Regulatory Affairs.

The applicant was requested to keep the Board informed on the status of its progress with the DOT application. If the applicant should desire to resume action on the Holiday Nursery site, the Board must be notified prior to the date of the regular December meeting; thereafter, the original application must be withdrawn, and the Board will require Bell Atlantic-NYNEX to re-file a new application. NYNEX initially sought a total of seven variances for the construction of an 80 foot monopole cellular telephone tower at the Holiday Nursery site, including waivers from local zoning ordinance provisions requiring them to submit an environmental impact statement, drainage calculations, detention calculations and plans, and driveway alignment plans. The Board noted that attempts to conduct a site inspection have been thwarted by septic and mud conditions at the site, and that no substantive testimony has been heard on the original application since the end of May. --GCC

STREAM CORRIDOR PROTECTION and MANAGEMENT PLAN

The Harding Township Committee has endorsed a proposal by the Environmental Commission to apply for a grant from the NJ DEP's Office of Environmental Services (OES) to prepare a Stream Corridor Protection and Management Plan for Harding Township. If approved by OES, the plan would include (1) an inventory and analysis of existing conditions along streams; (2) identification of properties along streams using the Environmental Commission's existing Land Use Data Base and GIS capability; (3) design and publication of Best Management Practices for properties along streams; (4) development of a "Stream Stewardship" type of outreach plan; and (5) development of guidelines for a model stream corridor protection ordinance.

The Environmental Commission has been successful in obtaining OES grants for a number of projects over the past seven years. If the Stream Corridor Protection and Management Plan application is approved, the Township Committee must pass a resolution to provide matching funds. --GCC

LAND USE and DEVELOPMENT ORDINANCE AMENDMENTS

The Harding Township Committee recently introduced a number of zoning amendment proposals affecting land use and development, including a significant change to the Route 202 corridor B-2 commercial zone. Under the new requirements, the floor area ratio (FAR) of new or expanded structures in this zone will be reduced to a maximum of 8-1/2%. The current FAR limits are set at 16-1/2% and 12-1/2% for the east and west sides of the road, respectively. The maximum floor area for a building on a hypothetical 3-acre lot would be limited to approximately 11,100 square feet. The percentage of total lot area covered by impervious surface (structures, driveways, parking lots, etc.) would also be reduced from 40% to 30%. A public hearing on the proposed amendments will be held at the regular Township Committee meeting on December 9. --GCC

ASSISTED-LIVING USE VARIANCE DEBATED IN BERNARDS

The Bernards Township Board of Adjustment met on December 4th and Sunrise Development continued their application for an assisted-living facility with testimony from their planning consultant. This testimony addressed for the first time the real issue at hand: the use variance needed to build the facility in an R-1 residential zone. (See related material on the assisted-living issue.)

Michael Kauker, a professional planner and consultant, made the contention that the property is in what he referred to as a "transition area" meaning that it was bordered by an E-1 zone (the AT&T corporate property) as well as R-1 and R-4 residential zones. He noted the nearby presence of the Somerset Hills Montessori School as well as the Basking Ridge Country Club, a facility that is licensed to operate a restaurant. He cited court cases which allege that assisted-living facilities are inherently of "beneficial use": a key factor in determining use variances.

Response from the board in the form of questions seemed to demonstrate that the members were in doubt as to the validity of these arguments. Chairman Douglas Wicks made the point that communities can fulfill an obligation to provide health care, nursing care and senior housing, just as they can fulfill state mandated affordable housing. He made the point that with the completed Fellowship Deaconry and the soon-to-be proposed Ridge Oak assisted-living facility, Bernards Township may have done its duty to seniors in the area.

Board member Russell Struck took issue with the planner on several points, including the concept of a "transition area" that isolates other residential properties between commercial facilities (which Sunrise would do) as well as Kauker's seeming opinion that the residential nature of the area in question is compromised because of the heavy traffic flow along North Maple Avenue. Other members voiced similar concerns.

Based on these and other questions it seems that the view of the Board at the moment is against granting the use variance. The evening's testimony was recorded by a Sunrise-provided court recorder, indicating that they viewed the session as critical to their efforts, as well as hinting perhaps that the board's responce may become evidence at legal proceedings should the variance be denied. The denial of a similar proposal in Madison has resulted in a law suit against the borough by that developer.

The final vote on the matter could occur at the January 8th meeting. --JM

HARDING TOWNSHIP COMMITTEE MEETING, SEPTEMBER 9, 1996

The agenda for the regular meeting of the Harding Township Committee included the following items of immediate interest to the Watershed:

-- A very strongly worded resolution opposing the NJ Builder's Association draft Land Use Regulatory Reform Act (LURRA) was carried by 5 to 0 vote. This action places the Township officially on record against the controversial proposal before the measure has received formal sponsorship in the legislature, and it reflects the willingness of the Township's governing body to employ early pre-emptive measures in its effort to thwart LURRA's threats to home rule and the environment.

-- Discussion of the Township's landmark stormwater management draft ordinance centered on the need to insure that all of its provisions can be effectively enforced, and the relationship of the proposed building setback requirements included in this ordinance to the potentially overlapping requirements of a proposed stream corridor protection measure which was scheduled for public discussion on September 11 by the Planning Board. The Committee asked their attorney and engineer to investigate and offer comments and recommendations. --GCC

CELLULAR TELEPHONES: ESSENTIAL PUBLIC SERVICE OR PERSONAL CONVENIENCE?

Mobile cellular telephone service, which little more than a decade ago was regarded as a luxury, is rapidly establishing legal status as an "inherently beneficial" public service in New Jersey. An application filed in March by Bell Atlantic-NYNEX for various approvals and variances attendant to their proposed erection of a second cellular telephone tower in Harding Township raises fundamental questions about maintaining a proper balance between environmental concerns and commercial development when development is promoted on the basis of its inherent benefits. --JM]

Approval of the Harding application is still pending due to a number of unresolved issues raised by the Board of Adjustment. NYNEX initially sought a total of seven variances for a proposed 80' monopole cellular tower at the Holiday Nursury on Mt. Kemble Avenue, including waivers from local zoning ordinance provisions requiring them to submit an environmental impact statement, drainage calculations, detention calculations and plans, and driveway alignment plans. It has subsequently been determined that a failed septic system also exists on the property.

In its initial appearance before the Board of Adjustment, Bell Atlantic-NYNEX identified the Holiday Nursury property as the best of four possible sites in the area which could satisfy their technical criteria for locating a cellular tower. The other sites considered by NYNEX included the Morris Animal Inn, the existing truck rest area on the east side of Route I-287, and a privately owned wooded tract in the Bailey's Hollow Road area.

The proposed tower would be the second such installation by Bell Atlantic-NYNEX in Harding, and, according to NYNEX, is necessitated as a result of numerous complaints from their customers about signal loss problems occurring along a short stretch of I-287. When reminded by the Board that approval of the previous tower was based in part on testimony presented by NYNEX that their original tower would be capable of meeting all foreseeable demands, NYNEX replied that the cellular telephone customer base has since shifted away from the use of larger, more powerful 4-watt transportable "bag" phones to smaller (and more convenient) but less powerful 0.6 watt pocket-sized units. The reduced output of the smaller phones requires closer spacing between towers, and the price of this convenience will be paid in the currency of environmental decline and esthetic ruin. --GCC

HARDING TOWNSHIP AUTHORIZES OPEN SPACE REFERENDUM

A resolution authorizing the placement of an Open Space public question on the ballot in November was approved by the Harding Township Committee at its regular meeting on July 8, 1996. If the referendum is approved by the voters, the Township will be permitted to acquire real estate for the purpose of preserving open space. The Township has an existing fund of $100,000 for this purpose, and additional funds will be allocated from tax revenues. The enabling resolution was inititated by petition with the support of the Environmental Commission, GSWA, and other local organizations. --GCC

BERNARDS TOWNSHIP TO REVIEW MASTER PLAN

State law requires that municipalities renew or rewrite their master plans every six years (see articles on Chatham Township below). In compliance with this, Bernards Township is scheduling special Planning Board meetings to discuss the master plan, last re-worked in 1989. These meetings will be on September 12 and October 10 at 7:30 PM at the town hall.

Recent discussions pertaining to the plan have centered around the available parks and recreation areas in the township, ideas for development of these areas, and methods for linking them with bike paths or other greenway areas, rather than with roads. One such area with potential for development within the watershed is the Loock property, a 6 acre site off of South Maple Avenue, 5 acres of which are wetland. --JM

HARDING TOWNSHIP ENVIRONMENTAL COMMISSION RECEIVES WATERSHED DEMONSTRATION GRANT

A $20,000 grant was awarded to the Harding Township Environmental Commission by the U.S. Environmental Protection Administration to participate in a Whippany River/Great Swamp Watershed Demonstration program to measure the effectiveness of an innovative technology for controlling runoff from the truck rest stop parking area on Route 287. The grant, which will be administered by the NJ Department of Environmental Protection, will be used to investigate the effectiveness of a sand filter oil/water separation technique now used in Maryland. The investigation will address materials, best management practices, truck operator initial spill response actions, and related areas of concern. The filter, to be constructed by NJ DOT, will be the first of its kind in NJ. The Harding Township Environmental Commission will contribute data collection and correlation services. --GCC

NJ DOT TO ACQUIRE KALKIN PROPERTY AT PRIMROSE BROOK

Residents attending the June 24 meeting of the Harding Township Planning Board were informed that the NJ Department of Transportation has condemned the proposed site of the 45,000 square foot "Shops at Primrose" mall development just south of Glen Alpin Road in Harding and will acquire the property from its owner, Eugene Kalkin. The property, which lies between Routes 202 and 287 and adjoins Primrose Brook, a Category I trout production stream, will be used by DOT to mitigate the loss of wetlands affected by the current Route 287 widening project. --GCC

CHATHAM TOWNSHIP COMMITTEE MEETING, JUNE 27, 1996

Township Continues Move Toward Stormwater Management Plan

On June 27, the Chatham Township Committee voted to introduce an amended draft of its proposed stormwater management plan for eventual public discussion later. The township is obliged to adopt a stormwater ordinace before NJ DEP will issue the Discharge Allocation Certificate (DAC) needed by Prudential Realty Group for increased sewage capacity to support its proposed expansion of the Giralda Farms office complex development. The amended draft ordinance was presented to the Committee by Raymond Ferrara, a paid engineering consultant to Prudential Engineering Group. The original draft was written by Mr. Ferrara and had been submitted to NJ DEP on May 13 for review. NJ DEP responded with specific comments in their letter to the Township of June 20. Although the ordinance was not read into the record and copies had not been received by all of the Committee members, Mr. Ferrara assured the Committee that he had amended his draft to incorporate all of the DEP comments.

Stop Work Orders Urged for Non-Conforming Development

A group of Chatham Township residents presented the Township Committee with their concerns about an apparent lack of enforcement of zoning regulations and non-compliance with approved site plans affecting building heights, set-backs, silt containment, stormwater runoff, pedestrian safety, noise, and work conducted outside of permitted hours at construction sites near their homes in the Meyersville Road and Noe Avenue neighborhoods. The residents attributed the present situation to the Township's obsolete master plan, the absence of a vision for future planning, and indications that developers have been able to maintain something less than an arm's length relationship when dealing with the Township's governing bodies.

The Committee noted that the Township's zoning officer had resigned without notice earlier in the week and was therefore not available to address the citizens' complaints; however, the Township's attorney was authorized to order the developer of the Meyersville Road site on the following morning (June 28) to cease all new work on the site until all violations have been identified and re-worked to the Township's satisfaction. -- GCC

BUILDER SUES CHATHAM TOWNSHIP IN BUILDING HEIGHT DISPUTE

The Daily Record of August 10, 1996 reports that developer Harvey Caplan has filed an order to show cause suit against Chatham Township and certain Township officials for refusing to issue a certificate of occupancy to the prospective owner of a new home at 9 Jodi Lane. In responding to numerous complaints by nearby residents, the Township determined that the house exceeds the 35' maximum building height limit by 7'. Mr. Caplan alleges that the Township measured the house improperly. --GCC

STORMWATER MANAGEMENT PLAN ADOPTED

By a vote of 3 to 0, a controversial stormwater management ordinance was adopted by the Chatham Township Committee at its regular meeting on July 25, 1996. The ordinance moves the Township one step closer to receiving the sewage Discharge Allocation Certificate required by Prudential Realty Group for the planned expansion of the Giralda Farms office campus. The ordinance will be submitted immediately to NJ DEP for review, and, if acceptable to DEP, will satisfy the last major condition of Prudential's quest for access to additional capacity at the Tanglewood Lane (WPC No. 1) sewage treatment plant.

The ordinance, drafted by Raymond Ferrara, a paid consultant to Prudential Realty Group, incorporates a watered-down approach to achieving a goal of "no-net" increase in stormwater runoff resulting from development within the Township. It grants prospective developers a "buy-out" option where proper mitigation cannot be achieved or proves to be too costly. Township residents and GSWA representatives presented many constructive suggestions, including the elimination of numerous uses of "where practicable" and similar language which is likely to be exploited by developers. The Committee rejected requests to incorporate the features of the pending Harding Township ordinance and GSWA's model stormwater ordinance. Curiously, the ordinance retains its requirement for compliance with the proposed statewide Uniform Residential Site Improvement Standards, which, in separate action at the same meeting, were officially refuted by the Township Committee (see article below).

SEWER CONNECTION BAN IMPOSED

In reaction to a chronic overloading problem at WPC No. 1, which has been operating in excess of its current DAC flow for most of this year, the Township Committee introduced an ordinance to prohibit new sewer connections until the 4-month rolling average flow falls within the DAC, or a new DAC is issued to increase the plant's maximum permitted rate of discharge. The ordinance will affect all new subdivisions, site plans, and variances. Exemptions will be granted for all pre-ban existing conforming lots requiring less than 600 GPD, septic failure replacements, and new construction projects for which all required permits have been issued. Expansion of existing dwellings already connected to sewers will be permitted under the ban.

PUBLIC MEETING ON STATUS OF MASTER PLAN ANNOUNCED

A public meeting to discuss the status of the Township's Master Plan will be held sometime before September 15. The 1989 Proposed Master Plan, which the Committee has cited as its de facto planning document, will be made available to the public at a cost of $5.00 per copy.

ZONING ORDINANCE ADDITIONS AND AMENDMENTS INTRODUCED

As a result of unrelenting pressure by Meyersville Road and Noe Avenue residents affected by non-conforming developments, the Township Committee introduced a number of zoning ordinance additions and amendments which will be submitted to the Planning Board. Public discussion and final adoption will probably be scheduled for the 4th Thursday in September, after the Planning Board has completed its review.

Ordinance 96-19: Will limit total lot coverage to 24%, based on 12% maximum impervious cover (driveways, walks, etc.), and 12% maximum building coverage.

Ordinance 96-20: Will require a minimum depth of 175' for a 20,000 square foot lot.

Ordinance 96-21: Will require submission of a lot grading plan to the Township Engineer for approval. The plan must show proposed final grading and building height.

Ordinance 96-22: Will permit 40' maximum building height from lowest point anywhere within 15' of the entire building vice current 35'. This change will have the effect of legitimatizing the type of building height violations recently brought to the Township's attention by the above-mentioned citizens, and will also make it easier for a developer to build on steep slopes. The chiefs of both fire departments have already voiced their objections to this change, and additional opposition is expected from the public.

APPLICATION FOR OPEN SPACE LAND ACQUISITION APPROVED

The Township was authorized to submit an application for funds from Morris County to be used for the acquisition of open space land. A 6-acre parcel on Green Village Road owned by Louis Haarsch has been identified as the most suitable candidate for purchase. It is expected that the parcel, one side of which adjoins the proposed Kessler assisted living facility, would be offered to the Township for about $400,000. --GCC

CHATHAM TOWNSHIP MASTER PLAN IS OUT OF DATE BY OVER A DECADE

At a meeting held on July 11th, township committee members admitted that the Master Plan has not been updated in 17 years; this despite state law requiring updates at least once every 6 years. According to reports in local papers over 150 people attended the meeting, many of them angered by what they see as lack of supervision over development in the township and demanding a building moratorium until the matter is resolved.

A revised master plan created in 1989 was "inadvertantly" left unapproved when the Planning Board opted to wait for resolution of a waste-water management plan then under review, according to Kenneth Hetrick, the township administrator.

The issue has become critical since a renewed wave of development is expected in the township following the expansion of the sewage treatment plant and the lifting of a 16 year ban on new sewer hook-ups. Already there have been protests over development at several sites in the township, and fears were expressed at the meeting that the new sewage capacity is already in danger of being exceeded.

Committee members pledged that they would begin to revise existing land use statutes within the next three weeks, and Hetrick defended existing zoning laws as "the strictest overall" in the Watershed.

Development expected in the foreseeable future includes 250 new single-family homes, 120 rental units, and commercial expansion in the Giralda Farms Office Park, part of which is within the township limits and all of which is within the Watershed. --JM

A MEETING ON THE RT. 202 CORRIDOR

...will be held in Harding Township on October 23rd (not September 23rd as was previously posted). Issues will include proposed changes regarding floor area ratios, impervious cover and other FASCINATING things that, while they may be a tad technical, are important to the future of the Watershed. Come out, learn something, put in your 2 cents worth. --JM

HARDING TOWNSHIP PLANNING BOARD MEETING, JUNE 24, 1996

Lot Size Averaging

Discussion of lot size averaging as a possible optional zoning technique for larger undeveloped parcels (15 acres +) in the R-1 zone was carried over to the next meeting. At the previous meeting (May 20) the Township's professional planner described lot size averaging as a flexible zoning alternative for preserving open space, wetlands, streams, and other natural elements which might otherwise be jeopardized by strict adherence to conventional minimum lot size requirements. Although the number of lots created in a lot-averaged subdivision of a given acreage could not exceed the total permitted for the same area under the Township's existing conventional 3-acre zoning, a developer would be allowed to place some of the homes on down-sized 2-acre lots, with the balance on proportionally larger lots which could be laid out to minimize the impact of rigid requirements for locating roadways, driveways, and building envelopes on environmentally or esthetically sensitive features of the landscape.

Additional information on alternative zoning techniques to preserve open space can be found in excerpts from a forthcoming book by Randall Arendt entitled "Conservation Design for Subdivisions: A Practical Guide to Creating Open Space Networks", and in an article by the same author entitled "'Open Space' Zoning - What It Is & Why It Works", from Issue 5 of the Planning Commissioners Journal, July/August 1992. Both references are available on the PCJ home page, http://www.webcom.com/pcj.

Proposed Ordinance for Stormwater Management:

Discussion of the Township's proposed stormwater management plan as drafted by the Township engineer was carried over to the next regular board meeting.

Assisted Living Developments

Information on planning requirements for assisted living facilities can be found in an articles by by Deborah A. Howe entitled "Creating Vital Communities: Planning for Our Aging Society" from Issue 7 of the Planning Commissioners Journal, November/December 1992. The article is available on the PCJ home page, http://www.webcom.com/pcj, and includes a list of resources covering such issues as site planning, transportation, and access to community services. -- GCC

HYDRO REPORT RELEASED

After five years of hard work the eagerly awaited USDA Great Swamp HUA Project Final Report, Executive Summary, and Recommendations appeared before the world on Wed. April 24 at the Somerset County Park Commission Environmental Education Center, 190 Lord Stirling Rd., Basking Ridge, NJ. The verdict: saving the Swamp may not be a hopeless cause but we've got to regionalize!

300 MADISON AVE. PROJECT -- ZONE BUSTING?

The 300 Madison Ave., Pike Development Corp. project, a proposed 75-unit assisted living facility on 6 acres near Loantaka Park, was turned down by the Madison Zoning Board of Adjustment on Mon., May 20.(See Barry Kroll's letter)
Location: 300 Madison Ave. (Rt. 24), Madison Boro.
Status: Defeated (but it never hurts to keep an eye open)
Further Action Required: None at this time

RODNEY FREYLINGHUYSEN FINDS $1M FOR GREAT SWAMP LAND PURCHASE

Rodney is probably your congressman (he's R-11th congressional district) so write him with grateful thanks for prodding Congress to appropriate these funds from the Land and Water Conservation Fund to purchase 79 acres of private property out Whitebridge Road way. Bill Koch, manager of the Great Swamp National Wildlife Refuge, says the Swamp did not receive money from that fund last year. Write Rodney at 1 Morris Ave., Morristown, NJ 07960 or call 201-984-0711.

D.E.P. & THE PROPOSED CHATHAM TWP. STORMWATER PLAN

A public discussion of Chatham Township's proposed stormwater management plan at the June 13 township committee meeting was deferred to allow NJ DEP additional time for review and comment. According to Township Administrator Kenneth Hetrick, DEP telephoned him on Thursday morning to ask that no official action be taken by the Township until DEP has concluded its review. GSWA Executive Director Julia Somers, who had presented oral comments at the previous meeting, handed printed copies of same to each committee member. Deputy Mayor Rech promised a detailed reply to GSWA's comments at the next public discussion, which should occur at the next regular township committee meeting. -- GCC

GSWA Newsletter -- Winter 1996

• GSWA fights Chatham ordinance

• From the Desk of the Executive Director ...

• Matthews resigns from GSWA board

• Three cheers for Mendham!

• Mary Louise Blanchard made a difference

FEDERAL DUCK STAMP HOMETOWN CEREMONY

June 29th, 10AM, at the Somerset County Park Commission Environmental Education Center, Lord Stirling Road, Bernards Twp., NJ.

This was a celebration recognizing the Federal Duck Stamp's contribution to conserving millions of acres of wetlands for the National Wildlife Refuge System and the American people. This year's stamp artist is William J. Goebel from Somerset, NJ.

In addition to the signing ceremony, there were events, displays, guided walks through the EEC and opportunities to hike through the Great Swamp Wildlife Refuge. There was also a gala fund-raising dinner in the evening hosted by Ducks Unlimited at the Green Village Fire House.

PUBLIC BRIEFING ON LOCAL SUPERFUND SITES

On Thurs., May 30, 4-8 p.m. there was a Community Information Open House at Green Village Fire Station, 529 Green Village Road, Green Village, NJ. (more)

The issue of superfund sites within the Watershed is important. Not only are they nasty in and of themselves, but increased water levels in the swamp threaten to spread the toxins from these sites into the surrounding area.

The lesson here is that no single issue can be isolated from any other. Increased storm water run-off, e.g., is not a minor problem, because it cannot be separated from the problem of toxic waste, or sewage treatment, etc., etc.

Speaking of which...

INCREASED SEWER FLOW IN CHATHAM TWP.

THANK YOU to all who attended the public hearing Wed. April 17 on increased sewage flow from Chatham Township's treatment plant into the Great Swamp. The date for public input to the NJ DEP was only extended to May 1, but why not make your views known at a Chatham Twp. Committee meeting!

Committee meetings are held on the 2nd Thursday of the month at 7:30 p.m. in the Township Hall on Meyersville Rd. not far from the deli on Fairmount Ave.

Also thanks to everyone who read and supported the views expressed in the letter GSWA mailed to all Chatham Township residents concerning increased sewer flow -- it has details on the Tublitz & Kessler developments so it's worth reading. The Long Hill Township Committee even passed a resolution asking that the permit not be given without a stormwater ordinance. The issue is not dead -- watch for future updates in this space.

MORRIS COUNTY WATERSHED SYMPOSIUM

At a recent Watershed conference presenting local, state and national initiatives through field trips, featured speakers, panel discussions, presentations, and hands-on activities, GSWA's own Karen Parrish was an invited speaker. It was sponsored by the NJ DEP, Morris 2000, and the Morris County Planning Board.

SPEAKING OF STORMWATER...

Masor Sosinski & Associates presented the results of their Pass-Through Grant Program on: "Assessment of Stormwater Loadings in the Great Swamp Watershed" on Monday 29APR in Long Hill Town Hall.

OH, DID WE MENTION STORMWATER?

A public discussion of Chatham Township's proposed stormwater management plan at the June 13 township committee meeting was deferred to allow NJ DEP additional time for review and comment. According to Township Administrator Kenneth Hetrick, DEP telephoned him on Thursday morning to ask that no official action be taken by the Township until DEP has concluded its review. GSWA Executive Director Julia Somers, who had presented oral comments at the previous meeting, handed printed copies of same to each committee member. Deputy Mayor Rech promised a detailed reply to GSWA's comments at the next public discussion, which should occur at the next regular township committee meeting. -- GCC