In December 1998, the Zoning 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….[W]hether 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 Zoning Board argued that the size and intensity of the proposal in the Lindbergh Lane neighborhood were overwhelming. Houses in the neighborhood average in size from 1500 to 2000 sq. ft. The Board also pointed out the structure would compare in size to some of the Township's largest commercial buildings, and would 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.

Last 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, 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 dead-ends 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 feet, with curbing and sidewalk added, along with drainage improvements approved by the Township Engineer.

The published minutes of the March 16 meeting include a statement that the proceedings that evening would have no effect on any possible appeal to the Superior Court. As of late April, no appeal had been filed. – Ann Parsekian

The recommendations came in a report from environmental engineer John Thonet that outlined several environmental concerns. Thonet calculated that about 2.74 acres of the 8+-acre property would have to be cleared for construction of the house, lawns, an 800-foot driveway, pavement and septic disposal fields. Also objecting were the Bernardsville Environmental Commission and Shade Tree Committee, with the latter reporting that the application would cause destruction of hundreds of hardwood trees.

Thonet’s recommendations to re-site the house on the property and to reduce tree-loss were among those accepted by the builder, Tanchak Holding Co., of Boonton.

– Julia Somers

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 not in use by the school. 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 trustees decided to abandon the deal because township 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" stormwater run-off requirements, and cited increased traffic and noise pollution. Any "no net increase" stormwater 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.

– Kathy Abbott

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. – Kathy Abbott

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, a 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. The Deer Park attorney 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 stormwater management codes, and soil erosion and sediment plans. In the parking lot expansion, 58 trees would be removed and replaced with 182 new trees.

Twenty-seven 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.

Deer Park’s attorney later pointed out 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.

– Kathy Abbott

Deputy Mayor Susan Hoag said 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. – Kathy Abbott

On March 21, the NJ DEP indicated that the wetlands on the site would be redefined as being of exceptional resource value. This reverses the DEP's earlier determination in June 1998 that the wetlands were of intermediate resource value. The basis for this new decision is documentation of the presence of endangered or threatened species on the property.

The new wetlands designation does not necessarily mean that the applicant must revise his plans to take into account the expanded buffer to the 150 feet required for "exceptional resource value" wetlands. Instead, the applicant has the option of trying to persuade the DEP that he has a right to rely on the earlier determination.

The DEP asked Morris Animal Inn to send to the Land Use Regulation Program in Trenton its statements and support documentation about its request to maintain the "intermediate resource value" wetland designation. The applicant responded to the DEP in March with a letter indicating that it has revised its grading plan for the site to remove previously installed fill from the floodway of Silver Brook and to show corrected original topography. The letter states the applicant's case for why it should be allowed to rely on the earlier DEP letter of interpretation. GSWA is opposing this position. At this point no decision has been received from the DEP. – Roger Greenway

Then, Long Hill Township challenged the plan in court, claiming that the Agricultural Board cannot sidestep municipal ordinances. Long Hill also cited the greenhouse operation for numerous violations of local ordinances in its daily operations. Finally, noting differences in topography on earlier drawings and photos of the greenhouse property, the New Jersey Department of Environmental Protection is charging that wetlands have been inappropriately filled.

The good news is that the developer has been working closely with GSWA and has re-drawn 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 negotiations are under way to protect a significant portion of the undisturbed land in conservation easements. Barring last minute changes, this project may become a model for sensitive development.

The vote was the culmination of months of public opposition to the proposal, including a letter-writing campaign and Planning Board testimony by concerned individuals and experts, including environmental engineer John Thonet and lawyer Daniel Somers.

A major concern expressed was the trend of variances that residents feel is destroying the integrity of neighborhoods. Many opponents also were dismayed that the Board would consider allowing destruction of a former estate house with historical attributes and unique architectural features.

On April 4, the Board heard testimony from Thonet criticizing the proposal. Thonet described the threat he saw to the R-1 zone, including how more non-conforming sub-division applications could follow.

He also pointed out that "every single large lot in this zone has an historic structure on it," and reminded the Board that applicants cannot be granted a variance when they have created their own "hardship." The Board also heard testimony from resident and GSWA Board member Chris Hepburn regarding her concerns about the further degradation of the lots surrounding this neighborhood.

If approved, Sunrise would construct a 69-unit, two-story building on less than three acres of land, significantly overdeveloping the site; the plan calls for eight variances, and many Madison residents are currently quite vocal in their opposition to zoning variances.

The Board voted down Sunrise for a similar facility on the eastern end of the Bayley Ellard property in March 1997.

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. The problems cited include a 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 its desire to preserve the former Enos Wilder mansion by granting 15 variances for non-conforming lots adjacent to it would ultimately backfire because the board would be encouraging the mansion owner to demolish it in favor of more non-conforming (but profitable) residential lots. Thonet termed the scheme "zoning by variance."

A special meeting to continue the application for subdivision and variances was scheduled for April 6. However, the applicant failed to submit revised site plans before the meeting and the Zoning Board adjourned the hearing until May 15 – after the "Across the Watershed" deadline.

– Judy Kroll

Also, according to Jo Ann Casadevall, Chairwoman of Morristown's Environmental Commission, a plan is in the works to implement a water-monitoring program for the lakes and streams in Morristown. Volunteers in the community will administer the project.

– Terry Hudzina

The trust fund now has about $1 million available for open-space purchases.

One area of concern was the detention basin at the foot of Mt. Kemble, near AT&T, that would be used to collect stormwater run-off from the proposed development. According to Mr. Zwingle, this is the last area in which controls can be put in place before run-off from the development enters a tributary to the Great Swamp. If the basin, which is severely outdated in its design, is not improved and maintained, then degradation of the Great Swamp will occur due to non-point source pollution impacts such as soil erosion, fertilizer and petro-chemical run-off. – Terry Hudzina