Across the Watershed - Spring 2001

Editor's note: "Swamp Watch" covers important land-development issues in each of the ten towns of the watershed: Bernards Township, Bernardsville, Chatham Township, Harding, Long Hill, Madison, Mendham Borough and Township, Morris Township and Morristown. If you don't see your town listed here, it's because we don't have someone to cover that town, not because there are no development issues occurring. If you are interested in covering your town for "Across the Watershed," please call Julia Somers at 973.966.1900. "Swamp Watch" is edited by Kathy Abbott.

Bernards Township

Aerial Survey of Deer Approved by Township Committee

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

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

Bernardsville

Assisted Living Zoning Discussed by Zoning Board

Zoning board members lamented the lack of assisted living parameters in the current borough zoning law, in a meeting in January between members of the Board of Adjustment, the Borough Council and the Planning Board. Though changes in the zoning law were discussed at the meeting, Borough Attorney John Pidgeon said zoning parameters would be no guarantee against assisted living-related litigation by future applicants. "If we put standards into place, they will attack the standards."

Old Mill Manor, Inc.'s proposal for an assisted living facility on a 1.5 acre site next to the Bernardsville Stone Tavern was rejected in December 1999. Old Mill Manor, Inc. then filed litigation in state Superior court and federal court. The borough and applicant are currently attempting to finalize a settlement which would result in a slightly downsized project of 50 to 60 units. -Ann Parsekian

Bernardsville

Borough Council to Write Planning Agreement

Fearing loss of home rule, Bernardsville council members have continued to decline to sign the intermunicipal planning agreement advocated by Somerset County. Only three municipalities have declined to sign: Bernardsville, Bernards Township and Green Brook. Bernardsville officials have instead decided to write their own cooperative planning pact and see if officials in Bernards Township will sign it. The proposed pact will promote communication between the borough and the township about development projects with effects that span municipal boundaries. Council members did not say whether they would seek planning agreements with other neighboring municipalities.

Borough officials foresee several problems with the county's proposed plan. Borough Attorney John Pidgeon said the county agreement contains notice requirements that exceed those in New Jersey's Municipal Land Use Law. Councilman James Williams said the document moves the county beyond the role of facilitator. "First they say let us advise you, then it's let us participate with you, and then it's let us tell you how it's going to work."

Council members' concerns were raised recently when a proposal to expand a parking lot on Route 22 in Bridgewater was filed with the Bridgewater Planning Board. But on January 26, the county's planning director sent a letter to the Bridgewater planners saying the plan is contrary to the direction the county and the Regional Center Partnership envision for the Route 22 corridor, and suggesting the plan be withdrawn until further studies of Route 22 can be completed by NJDOT. -Ann Parsekian

Chatham Township

Township Committee Purchases Open Space Tract

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

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

Harding Township

Decision Awaited on Morris Animal Inn

The Board of Adjustment continues to hear the application of the Morris Animal Inn to expand its non-conforming use by 80% in a residentially zoned area on Sandspring Road. (IS SANDSPRING ONE WORD OR TWO?) The MAI property backs up to GSWA’s Conservation Area; Silver Brook, which is considerably degraded, crosses MAI’s land before it enters GSWA’s. A decision is expected from the Board at its April 30^th meeting. -Julia Somers

Madison

Development Proposed at Ex-Exxon Site

SEaMLeSS continues to gather information regarding regional commercial development in Southeast Morris County. Founded initially as a response to the sale of the former Exxon/Mobil property in Florham Park and Madison (which lies near the Great Swamp Watershed boundary in Madison), the Southeast Morris League for Strategic Solutions seeks to gather and disseminate information related to the planned/in progress construction of over 8 million square feet of commercial development currently on the boards in the southern portion of the county. Traffic, housing, pressures on schools and other public services, pollution and loss of open space are some of the primary areas of concern. The group continues to expand it’s membership and currently consists of concerned citizens as well as elected officials from 6 towns, the Executive Director of the Tri-State Transportation Campaign, the President of TransOptions (formerly Mcrides); a member of the Florham Park Environmental Commission, and representatives from the Sierra Club, Great Swamp Watershed Association, Ten Towns Great Swamp Watershed Committee, and the Passaic River Coalition. Look for information on the website: www.rosenet.org/seamless.

The Madison Borough Council agreed with a proposed ordinance change by the Planning Board to rezone the Madison Golf Club, a privately owned property which had originally been zoned as single family residential. Members of the golf club petitioned the borough to permanently designate the land as Private Recreational, hoping to normalize the tax burden of the 26 acre site and to preclude any developer from proposing to build homes on the site. Citing the importance of the property as open space and as a prime aquifer re-charge area, the Council agreed to publicly introduce the ordinance at the Council’s next regular meeting on March 26.

The latest example of a disturbing trend in which landowners seek subdivision to build additional lot(s), will come before Madison’s Planning Board in April. Adjacent property owners on Green Avenue and Midwood Terrace have applied to the Planning Board to sub-divide each existing lot and yield 3 additional new lots. The existing properties feature steep slopes, numerous trees and vegetation, and lie within Madison’s prime aquifer re-charge zone. The Technical Coordinating Committee has reviewed the plans and made suggestions, including requesting further details on storm water run-off, soil erosion, and a Letter of Interpretation from DEP regarding the existence/non-existence of wetlands. The TCC stopped short of requesting a full environmental impact assessment. -Judy Kroll

Mendham Township

Township Committee Passes New Master Plan

At its March 27 meeting, the Mendham Township Committee unanimously passed the proposed new Township Master Plan which included upzoning a considerable area of the Township.

The Planning Board and its Master Plan Review Subcommittee had spent nearly 18 months working with its planner, Dugan Kimball, P.P. on reviewing the Master Plan. This work followed on the heels of a Township-wide water resources study that was conducted for Mendham by an environmental engineering company after the wells of several homes ran dry. Mendham Township residents are largely dependent on private wells. Some areas that were previously zoned one acre became three acre zoning, some zoned three acres became five acres, and some five acres became ten acre zoning. The Township Planning Board stated that the new zoning represents the maximum number of homes that can be provided with a sustainable ground water supply, as indicated by the water study.

As we go to press, the Morris Area Girl Scouts Council has not presented any plans to Mendham Township for its proposed new village-style development on its Jockey Hollow camp property. -Julia Somers

Morris Township

Hearings Held on Retirement Community

The Township of Morris held a series of hearings this winter on its Master Plan, with specific focus on the issue of permitting construction of a continuing care retirement community (CCRC). The township debatedchanging its zoning classification to allow for CCRC facilities because St. Mary's Abbey, which shares a campus with Del Barton School, is requesting that part of its property be re-zoned to permit the construction of a 31-unit retirement community on 60 of its 380 acres. The site, though out of the watershed, is situated in a largely unbroken open space zone that extends into the watershed. The abbey is situated off Mendham Road in the Washington Valley section of the town, adjacent to Jockey Hollow National Park and in close proximity to Lewis Morris County Park.

If permitted, the proposed community would incorporate 200 apartment-style units, 40-one story cottages, 24 assisted living units, and a nursing home with 48 beds. As proposed, the complex would accommodate 415 residents and a staff of 130. The plan would also dedicate 78 acres as open space and 51 acres for recreational use.

Opponents to the proposal have formed an organization known as the Jockey Hollow Organized Preservation Effort (JHOPE) to stymie development efforts. They contend that such intense development would negatively impact an environmentally sensitive area and the proposed extension of sewers to service the site would create pressure to further develop the area. JHOPE has been urging the Township to maintain current zoning ordinances, which would allow 38 single-family homes to be built on the site. -Delia Smith

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