MINUTES OF THE HARDYSTON TOWNSHIP PLANNING BOARD MEETING HELD MAY 25, 2000

STATEMENT OF COMPLIANCE: Pursuant to the Open Public Meetings Act, Chapter 231, P.L. 1975 adequate notice as defined in Section 3D of Chapter 231 P.L. 1975 has been made to the New Jersey Herald and is also posted on the bulletin board at the Hardyston Township Municipal Building.

ROLL CALL:

Ken Worflar - Present
Leslie Hamilton - Present
Maribeth Boffa - Excused
Randy Roof - Present
William Castiglione - Present
Thomas Zygmunt - Present
Robert Neubig - Present
John Eskilson - Present
Greg Eisenecker - Present
Ed Frisbie - Present

RESOLUTIONS:

Mancuso, Michael - Block 20, Lot 8.01 - Minor Subdivision Extension of Approval: The resolution was read into the record. Motion was made by Mr. Worflar and seconded by Mr. Neubig to adopt the resolution. Roll Call: Worflar, yes; Hamilton, yes; Roof, yes; Castiglione, yes; Zygmunt, yes; Neubig, yes; Eskilson, yes; Eisenecker, yes; Frisbie, yes. Motion was carried.

Polizzi Builders - Block 67, Lot 51 - PB-3-00-2: The resolution was read into the record. A motion was made by Mr. Neubig, and seconded by Mr. Worflar to adopt the resolution. Roll Call: Worflar, yes; Hamilton, yes; Roof, yes; Castiglione, yes; Zygmunt, yes; Neubig, yes; Eskilson, yes; Eisenecker, yes; Frisbee, yes. Motion was carried.

H.F.H. Development Corporation - Block 67.07, Lot 1 - PB-3-00-2: The resolution was read into the record. A motion was made by Mr. Neubig and seconded by Mrs. Hamilton to adopt the resolution. Roll Call: Hamilton , yes; Zygmunt, yes; Neubig, yes; Eisenecker, yes; Frisbie, yes. Motion was carried.

Crystal Springs Real Estate Holding, Inc. - Block 16.01, Lot 1.01 - PB-4-00-1: The resolution was read into the record. A motion was made by Mr. Neubig and seconded by Mr. Worflar to adopt the resolution. Roll Call: Worflar, yes; Hamilton, yes; Roof, yes; Castiglione, yes; Zygmunt, yes; Neubig, yes; Eskilson, yes; Eisenecker, yes; Frisbee, yes. Motion was carried.

APPLICATIONS:

Sussex National Development Corporation - Crystal Springs II Golf Course ApplicationAmendment to Address Access Road from Route 94 - PB-11-99-1: It was noted that a letter had been received from the applicant asking that the matter be carried. The letter further requested that the Board grant the applicant's request to have a special meeting on June 15, 2000 and carry the hearing of this matter to said date. It was further noted that the applicant requested that the application of the Bourne subdivision and site plan also be carried. The applicant further requested that the Bourne application be carried to the proposed special meeting of June 15, 2000. It was further noted that the applicant desired to address the Board informally and give a conceptual overview of their Crystal Springs II master plan at the proposed special meeting of June 15, 2000. Mr. John Lehman came forward to discuss same with the Board.

Following discussion a motion was made by Mr. Neubig and seconded by Mr. Worflar to grant the special meeting. The motion also carried the Sussex National Development Corp. matter relative to the access road to the June 15, 2000 special meeting, as well as the informal overview of Crystal Springs II Master Plan. Finally, the motion formally carried the hearing of the Bourne to the regular Planning Board meeting of June 22, 2000. Roll Call: Worflar, yes; Hamilton, yes; Roof, yes; Castiglione, yes; Zygmunt, yes; Neubig, yes; Eskilson, yes; Eisenecker, yes; Frisbee, yes. Motion was carried.

Hardyston Township First Aid Squad - Block 36, Lots 44.04 and 44.02 - PB-5-00-1: Citing a conflict of interest, as an adjacent property owner, Leslie Hamilton stepped down from the application. Jennifer VanderWeil, Esq., came forward to represent the applicant. Al Gloor, P.E., came forward and was sworn in. He gave brief testimony regarding the request for a lot line readjustment .

A motion was made to grant the minor subdivision and lot line readjustment by Mr. Worflar and seconded by Mr. Neubig. Roll Call: Worflar, yes; Roof, yes; Castiglione, yes; Zygmunt, yes; Neubig, yes; Eskilson, yes; Eisenecker, yes; Frisbee, yes; Zinck, yes. Motion was carried.

DISCUSSION:

A letter was received from Louis Goldshore, Esq., relative the final map for the lastest Indian Fields filing which is known as the Final Plat, Phase Two, Indian Field at Hardyston. Joseph Barbieri, P.E., was sworn in and advised that while the application has received its municipal approval, they have not be able to obtain their County Planning Board approval as yet. They are requesting that the Board consider amending the final approval to include only a portion of the preliminary. Apparently the County will accept that and allow the filing of a final phase map for the units that have been completed so that cos could be issued.

In the developer's agreement, the developer agrees that they will apply quarry process to the proposed through road which will access Beaver Run Road by October 31, 2000. He indicated that the County would need at least 30 days to finalize their review and the developer has housing units ready to close. They are asking for a phase I final for a section so that they could proceed with their closings and will finalize the remainder of the other section once it is through the County approval process.

Mr. Guerin noted that he does not see that the County would reject the application. He noted that the applicant did not receive preliminary approval at the County as yet. Discussion ensued regarding when the applicant had submitted their application to the County.

Mr. Barbieri noted that when the project received original approval from the prior developer the road in question was part of that approval. He indicated that it is an established alignment, which is on file with the County and has been for years, but they have changed the alignment of the detention basin because they had to cross the wetlands. That caused the need for the change.

Mr. Collins asked that if a plat was formerly filed showing this area, why is the recording information not shown on the map. He noted that the easements were recorded by deed and the map is on file in the Clerk's office showing the basic configuration of the alignment.

Possible conditions to agreeing to the changes requested by the applicant were discussed between Board professionals and the Board.

Edward Nann was sworn in. Mr. Zygmunt asked how many building permits have been issued 50-55. How many CO's are being held up 20-25.

The issue of whether to tie the approval to a number of units or to a time frame was discussed. The applicant advised that the County has indicated that they thought they could review the material within 30 days.

The Board discussed the possibility and feasibility of being able to allow the final to include 30 units so that no more than 30 units could receive their cos.

The hearing was opened to the public. There was no public participation. The hearing was closed to the public.

A motion was made by Mr. Neubig and seconded by Mr. Roof granting approval upon the request of the applicant to modify the previously approved resolution allowing a phase I final which will include no more than 30 units, so that the cos on said units can be released. The motion further provided that the applicant will post the necessary bonds for the road, and cost of design for approval by the County to be approved by the both the Board engineer and attorney. The applicant will also provide the easement for the right of way. It is further understood that no more than 30 co's will be issued until the plat showing the right-of-way is approved by the county and filed. Roll Call: Hamilton, yes; Roof, yes; Castiglione, yes; Neubig, yes; Eskilson, yes; Eisenecker, yes; Frisbee, yes; Zygmunt, yes; Zinck, yes. Motion was carried.

COAH Ordinance Discussion: Mr. Eskilson advised the Board that the Council had adopted at first reading the Developer's Fee Ordinance. The ordinance has been reviewed by COAH representatives and several small changes are required by COAH. A memo was also received from Janice Talley, which included suggestions for changes relative to citations, as well as another option relative to charging fees to applicants requesting a use variance on a commercial project. There were various comments offered in relation to these matters.

Following discussion, it was determined that in the interest of time, the Board would recommend that the Council revise the ordinance to reflect the needed changes as per COAH's request, as well as correcting the citation errors as noted by Janice Talley. The Board further found that the ordinance with the recommended changes continues to be consistent with the Master Plan. A motion was made to that effect by Mr. Neubig and seconded by Mr. Worflar. All were in favor. Motion was carried.

Conditional Use Ordinance Relative to Institutional Uses: Mr. Guerin and Mr. Collins advised the Board that they have reviewed the ordinance governing institutional uses as a conditionally permitted use. They raised several issues where they felt that the ordinance needs refinement and amending. Mr. Collins had prepared a possible ordinance amendment to address the issues raised. The Board reviewed the proposed ordinance and discussed same. A motion was made to recommend that the proposed ordinance be considered by adoption by the Council. The ordinance was further found to be consistent with the Master Plan. The motion was made by Mr. Worflar and seconded by Mr. Roof. Roll Call: Worflar, yes; Hamilton, yes; Roof, yes; Castiglione, yes; Zygmunt, yes; Neubig, yes; Eisenecker, yes; Frisbee, yes; Zinck, yes.

The Board discussed the meeting time for the June 15, 2000 meeting. It was determined that the meeting will commence at 7:00 p.m.

Bills: The Board reviewed the bills submitted for payment. A motion was made by Mr. Worflar and seconded by Mr. Neubig to approve the payment of the bills. All were in favor. Motion was carried.

ADJOURNMENT: Having no further business, a motion was made to adjourn the meeting by Mr. Worflar and seconded by Mr. Neubig. All were in favor. Motion was carried. Meeting was adjourned.

Minutes prepared by:

Marianne Smith