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

MINUTES:

A motion was made by Ms. Hamilton and seconded by Mr. Neubig to approve the minutes of the August 24, 2000 meeting. All were in favor. Motion was carried.

APPLICATIONS:

Sussex National Development- Block 16, Lots 1, 1.03, 1.05, 1.07, 6.02, 8.02 and Block 17, Lots 2 and 12.01 - PB-9-00-4: The applicant was before the Board to seek master plan approval for the planned unit development known as Crystal Springs II.

Mr. Collins noted that the Board's professionals noted several issues that if kept in the plan would require D variances. He also noted that while the applicant had initially submitted applications marked preliminary and final and it was verbally noted that it would only be for preliminary.

Mr. Collins further noted that the Board could waive, as to completeness only, the items not yet submitted by the applicant, but retain the right to ask for any further documentation or information they deem necessary during the hearing of the application. Preliminary approval eventually could be granted subject to numerous conditions including the submission of construction plans with further information found to be necessary by the Board to make an appropriate decision in the future.

The D variance issues are for cell tower, three single-family homes without public sewer and water and also the skeet shooting range and potential soil removal and quarrying activity to prepare steep and challenging terrain for construction in two areas of proposed development. Also proofs need to be made that the housing is resort-oriented housing to meet the criteria of the conditional use. Technically the parking in the front yard of the commercial area would not comply with the conditions of the conditional use, but if they can reconfigure the parking, a D variance would not be necessary.

Mr. Murphy represented to the Board that there will be no variance applications and the issues relative to all of the issues with the exception of the soil removal, which they are attempting to resolve, will be removed from the plan.

Based on Mr. Murphy's statement, Mr. Collins advised the Board that they could grant a waiver as to completeness only. A motion was made by Mr. Neubig and seconded by Mrs. Boffa to grant the waivers as to completeness only and reserved the right to ask for additional information or require their submission as conditions to approve.

Andrew Mulvihill, John Lehman, Raymond Walker, Eric Keller and Frank Ketchell were all sworn in.

Mr. Mulvihill gave an overview of the project to the Board members and the public. It was noted that the project has several components which include: 2 additional conference centers, 90,000 square feet of commercial/retail development, a golf training school, an additional golf course and 600 units of housing. It was noted that based on the current zoning, the applicant could propose up to 1200 housing units, but chose to balance the development with open space and golf courses.

Mr. Collins noted that Mr. Mulvihill used as a visual aid a colored copy of the site plan map submitted with their actual application. He further noted that the applicant had provided several large color photos, which are in frames, which were not marked as exhibits, but were displayed within the meeting room for reference.

Mr. Ray Walker gave his qualifications. He is a wetlands expert. He gave testimony relative to the areas on the plan that contain endangered species habitat, or were classified as wetlands. Mr. Murphy asked what types of species are on the site. Mr. Walker noted that there are two areas one by holes 5, 6 and 7 of the newest golf course where there is wood turtle and bog turtle habitat and the area behind the Filly's restaurant area which has been classified as bog turtle habitat. He gave further testimony relative to other areas that have formally and informally been determined to be wetlands.

He gave information relative to the difference between the wood turtle and bog turtle.

Mr. Murphy asked what the developer proposed to do to protect or enhance the critical habitat area. He indicated that 150 foot buffers would be observed and the intensity of the development even near the bog turtle habitat areas is much less, so as to further minimize impact. He further noted that the proposed well locations to service the future development on the Filly's side of Route 94 will be located near the ponds on the Crystal Springs proper side of the Route 94, so as not to effect the ground water near the bog turtle habitat.

It was further noted that the stormwater management system will be designed to avoid the bog turtle habitat areas. Further the reduction of housing from the allowable 1200 to the 600 unit range is less intense than permitted.

Ms. Hamilton asked if there were any endangered fauna found within the project. Mr. Walker stated that there were none found.

Mr. Walker was asked if the proposed DEP rule changes would affect the project. He stated that they did not propose anything that would contradict the proposed new rules. He further advised that the plan does not contemplate buffer averaging for housing. He advised that a buffer averaging permit was submitted to DEP with respect to the previously approved golf course development within the complex.

Mr. Collins asked why the plan will be submitted to the US Fish and Wildlife Service. Mr. Walker advised that any permit application that includes development that relates to properties near a federally endangered species needs to be submitted to the federal agency. The only area that could be affected was the road crossing on the Filly's side of Route 94. Mr. Walker advised that the DEP officials were in agreement that that was the best location for the crossing, as it would not impact the breeding area.

Mr. Guerin asked questions relative to whether or not the areas in Vernon had wetlands on them. Mr. Guerin noted that there is a small wetland area along the railroad in Vernon. Mr. Walker agreed.
Mr. Walker noted that the DEP has done a field verification of the wetland area near the Wild Turkey golf holes. The inspection has been done, verbal ok was given by the DEP with recommendations for minor plan revisions and the applicants are awaiting written verification.

The meeting was opened to the public for questions of the witness relative to wetlands. There were no questions from the public.

Mr. Frank Ketchell came forward and gave his qualifications. He is a hydrological expert.
He advised that they evaluated the ground water resources, the hydrologic conditions of the area, logs of wells describing the materials that were encountered, and reviewed geological mapping. They then assessed the ground water recharge potential for the site.

He gave information relative to general issues regarding hydrogeology.

He gave information relative to the aquifers in the area and how they were formed.

He gave testimony relative to how the testing will be done to determine the effect of water usage on the existing MUA wells. Mr. Ketchell feels that the water available in the aquifers on the tract could support this proposed project. Mr. Ketchell stated that the tests will confirm whether one well will be adequate or whether two wells would be necessary.

The testimony of Mr. Ketchell was opened for questions from the Board. Mrs. Hamilton asked if there was enough water from one well. Mr. Ketchell stated that the well that will be constructed will be for irrigation purposes.

John Lehman noted that they are planning to use water from the area by the ponds for the wells for both irrigation and potable waters. Another tank will eventually be installed below the ridge line in the north eastern portion of the Filly's side of Route94.

Mr. Ketchell noted that when they actually do the well pump testing they will advise the neighbors who asked to have their wells monitored during the test.

Mr. Eskilson asked if he looked at the consumptive/depletive concepts as envisioned by the proposed DEP rules. Mr. Ketchell felt that the analysis they are doing will address the regulations.

Ms. Hamilton asked if the Intrawest Development were to move forward would it impact the water in the area in conjunction with the Crystal Springs project.

Mr. Guerin asked if it is a concern to have all of the wells in the same geographic area. He asked his opinion. Mr. Ketchell stated that that is why they are doing the pump test and the data will give them a clear sense as to whether or not it would be feasible to have them all in the same geographic area as proposed.

The pumping would be done within the next few weeks. The pumping information may be available at the next meeting.

The hearing was opened to the public to ask questions of the witness. Gary Baltrimine came forward and asked if the high level of rain this year would impact the tests that they run. Mr. Ketchell stated that the impact of rainfall to the actual aquifers is actually lower than what would be expected, due to their depth.

Mr. Ketchell stated that approximately 1.4 million gallons per day makes their way down to the aquifers and the anticipated use for the development would be 900,000 gallons per day. Mr. Baltrimine asked if they had considered the usage of the other businesses in the area that also rely on the aquifer. Mr. Ketchell gave his answer.

There were no further questions from the public. Mr. Zygmunt noted that the Board retained the right to ask further questions once the well test results are available.

The Board took a recess.

Upon returning from the recess, the applicant's traffic expert, Eric Keller gave his qualifications and testimony related to traffic impact of the proposed development. He advised that they had conferred with the DOT, did traffic counts, studied background traffic research and reviewed the traffic that would be generated by the variety of uses proposed by the plan and used the trip generation manual to calculate the expected flow.

He highlighted specific aspects of his report. The meeting was opened to questions from the Board. Mr. Zygmunt asked questions relative to the area north of Route 94 where housing is proposed. There are 300 plus housing units proposed, two conference centers and a commercial center all proposed to come onto Route 94. He was concerned that if 94 could not be accessed due to an accident, how could they get to the housing? Mr. Lehman advised that they are proposing an emergency access from Route 23 through Raia, but the site distance at the access on 23 was not adequate, but could be useful for an emergency access.

Mr. Collins advised that while they can defer some of the issues of RSIS, they should address the access, boulevard and loop aspects of the regulations related to traffic and emergency access.

Mrs. Boffa asked if people who come North on 23 would use the 94 entrance or Oak Street.

Mr. Keller was asked to give information relative to Oak Street usage. He stated that 140 vehicles per hour traveled through during the peak hours in the morning. In the p.m. peak 130 vehicles per hour came through. Mr. Collins asked if there was information as to the traffic that actually crosses the border of Hardyston into Hamburg so that figures could be derived without the Falcon Ridge Traffic.

Discussion of traffic calming or dead-ending Oak Street was discussed as an alternative to keeping traffic off of Oak Street.

Mr. Guerin asked if DOT permits were applied for for the new intersection on Route 94. Mr. Keller said that they have not submitted yet, but Mr. Mulvihill stated that they plan to submit the plans in the near future.

Janice Talley asked if he felt that they would have problems getting access permits to the commercial center. Mr. Keller did not feel that that would have a problem. Eventually a traffic light will be necessary at the intersection.

Questions from the public were addressed for the traffic expert. A gated access through Oak Street was discussed.

Jim Vecchio stated that he felt that the Crystal Springs residents would still create a traffic problem if Oak Street was gated.

Barry Baltrimine noted that the traffic survey was done in April and felt that there would not have been as many golfers at that time. He felt that those numbers represented residents more than golfers.

There were no further questions from the public for the witnesses.

The application was adjourned to the special meeting to be held on October19, 2000 at 7:00 p.m. Two additional witnesses will give testimony and go through both Bob Guerin and Janice Talley's reports.

EXTENSION REQUESTS:

A letter was reviewed from Jerry Friedland, Esq., representing the Estate of Francis DePaolo relative to their request for an extension or a reaffirmment of their previously granted minor subdivision approval. The Board reviewed their request and a motion was made to grant a six month extension to the existing approval to file their deeds of subdivision. The motion was made by Ms. Hamilton and seconded by Mrs. Boffa. All were in favor. Motion was carried.

DISCUSSION:

The Board briefly discussed the following issues: 1) proposed DEP watershed management rules; 2) 2001 budget; 3) informal presentations of capital improvement projects.

PUBLIC PARTICIPATION:

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

ADJOURNMENT:

Having no further business, a motion was made by Ms. Hamilton and seconded by Mr. Eskilson to adjourn the meeting. All were in favor. Motion was carried. Meeting was adjourned.

Minutes prepared by:

Marianne Smith

	Web www.hardyston.com

---

(c) Hardyston Township 2001-2007. All rights reserved.