PLANNING BOARD MEETING

BOROUGH OF WANAQUE

Regular Meeting
November 19, 2009

Meeting called to order by Chairman Gilbert Foulon with a salute to the flag at 8:03pm.

ROLL CALL:

Chairman Gilbert Foulon David Slater (arrived 8:04pm)
Mayor Dan Mahler Eugene Verba
Vice Chairman Joseph Graceffo (arrived 8:15pm) John Shutte
Kevin Platt

PRESENT: Attorney Steven Veltri and Engineer Michael Cristaldi

ABSENT: Members John DiMeglio, William Rucci and Ed O’Connell

READING: Open Public Meeting Announcement
This is a Regular Meeting of the Wanaque Borough Planning Board and adequate notice has been given and it has been duly advertised by the placement of a notice in the Trends and the Herald News, mailed on January 16, 2009 and a notice thereof has been posted on the bulletin board in the Municipal Building in the Borough of Wanaque and a copy thereof has been on file with the Borough Clerk.

MINUTES: from the October 15, 2009 Meeting.

MOTION TO APPROVE: made by Member Platt, seconded by Member Shutte, voting yes were Members Mahler, Platt, Slater and Shutte. Chairman Foulon and Member Verba abstained.

COMMUNICATIONS REPORT: No questions on correspondence.

APPLICATIONS STATUS REPORT: Eng. Cristaldi said he has no new applications to report.

HIGHLANDS ACT UPDATE: BOB TESSIER
Bob Tessier: We have gone over the Initial Assessment before, which goes over where you are in relationship to the Highlands. We’ve completed Modules 1 and 2, which generated the Highlands Municipal Build-Out Report. I am not working on COAH, but I guess the COAH project is proceeding. We have now completed the draft for the Highlands Environmental Resource Inventory, which has been completed with larger detailed maps. We just need to review this with the Borough one more time and then we’ll have this available. This is more of a natural resource inventory. It gives you the database and the mapping. The next step has to do with procedure for the Master Plan Element, which is a separate element about the Highlands. The preservation area is mandatory compliance per state statute and the planning area is optional with Resolutions passed by the towns in the Highlands saying they will conform. We need to have some discussion in that process with the Planning Board about the Master Plan Element.

Tom Carroll and I meet with Eileen Schwan to discuss some of the issues that we had when comparing the Borough with the Highlands Plan and how to address them in the draft Master Plan Element. I think this forms the basis for whether or not you completely opt in both the planning and preservation areas. One thing that we talked about was the mapping that they have done, which was included in the Initial Assessment. It is their Land Use Capability Map, which sets the framework later in their regulations for what they allow to be done. It’s not zoning, but more of a regulatory overlay. You have large areas that are developed in what they have classified as Lake Community Sub-zones, which is much more restrictive than existing Community Zones. Because of the reservoir area being labeled a “lake community”, we spoke to Ms. Schwan about the process to get their map amended to show these areas as Community Zones. They have a two-map amendment process. If based on a factual in the field type condition, like this isn’t a lake community, it is just an area which is 1,000 feet below the reservoir, they can do an amendment to the map just with their staff so it doesn’t have to go before the Highlands Council and make a big policy change. As part of the Master Plan Element that we are doing, we are recommending and forming some arguments for amending these areas and putting them into the existing Community Zones.

The second item we spoke about was regarding the Town Center designation, which was approved by the State and lapsed over time. The Highlands indicated that we could put that into the Master Plan Element and they would look at considering establishing that same center since they have a Town Center designation. The only thing that would change is some of the areas are now wetlands and will not be developed so some minor boundary changes will have to be made. We also went over the redevelopment areas that you have designated in the community and we went through each one with Ms. Schwan. There is a Highlands’ definition for Highlands Redevelopment Area so they also seemed receptive to include those redevelopment areas. They did not see any big impediments so we will be working on that with the Highlands Master Plan Element showing those redevelopment areas and recommending that they consider them.

It is hard to say what, ultimately, the Highlands Staff will do, but, with all the comments and concerns we raised about complying with the Highlands Plan, the staff, at least, seemed positive when we talked to them. We will now try and put those in the Master Plan Element, discuss them with the Borough and you and then when we submit that, we’ll see if they actually follow through and make those recommendations. Based on what happens with that, I guess you’ll make a policy decision on the next element. The next step after that are all the regulatory resolutions and the land use regulations, copies of which have been given to your legal counsel.

I believe what is driving them to be somewhat flexible in the changes to the maps, the designation of the redevelopment areas, and the Town Center are that you are a developed community for the most part, you are in the urban developed part of the State Master Plan and they want as many municipalities to participate in the planning area, since the preservation area is already mandated by the State.

Mayor Mahler: The wetlands on the map, where exactly is that?

Bob Tessier: I think in the Town Center area you are looking at a new redevelopment area off Union Avenue, and at the edge of the Borough there was a little corner that Tom said was wet. I have not gone out and look.

Mayor Mahler: I wouldn’t call it wet. The State has designated there are certain wetlands on property north of Union Avenue. Hiking back there, I don’t know what they are talking about. You see a couple of cattails here and there, but it’s not a swamp and I think it could have been misclassified.

Bob Tessier: As I said, I have not gone out and look at that yet. I’ve done a lot of wetlands delineations so I’ll know if that is wetlands or not. A lot of people don’t recognize what is a wetlands. They are defined by a federal manual and it says that any area where the high water table comes up ten days during the growing season within ten inches of the surface, so you can see soil changes, because that water comes up and you can see vegetation changes and there some hydrology that creates that. You can actually have a piece of property where the water never breaks the surface and it would be considered wetlands. I know the owner of Lafayette Village brought a big piece of property next to that, which was farm/cornfields and there was never water at the surface, but it was just a hydrological condition where it came up close enough and when they went in and actually took soil samples, the whole center part of the field was wetlands so they had to deal with that issue. Typically, cattails can be an indicator that there might be something going on. You may be seeing phragmites, which is the tallest grass and has the plume on the top. It is not a listed species that can be in wetlands or not in wetlands. You can have a bank of these and it will not tell you.

Mayor Mahler: We have to walk that because there is a lot of rock there and it is high. Don’t know who or why the area is designated as wetlands.

Bob Tessier: This would have to be addressed at the time of the Master Plan. I will take a look at this for you if you wish.

REDEVELOPMENT PLAN FOR UNION COURT:
Everyone at the meeting was given a copy of Ordinance #23-0-09 pertaining to the redevelopment of the properties on Union Count, introduced by the Mayor & Council at its Regular Meeting on November 9, 2009.

Mayor Mahler: The Council put forth an Ordinance for a redevelopment zone down off Union Avenue on a street called Union Court. It is a small street adjacent to the entrance of 287 across from Roar of the Crowd (formerly Conrad’s) between the highway ramp and Burger King. There are about four or five houses with some vacant land. It is not the road that leads to the recreational facility right next to Burger King. Union Court is a little street before that. Since it is right off the highway, I felt it would be a good location for some time off-highway development such as restaurant or a hotel, no gas station. We contacted the homeowners and we asked them if they wanted to go into the redevelopment zone. If they all said no, there would be no project, but they all agreed to it.

Chairman Foulon questioned Mayor Mahler as to why the Mayor & Council are passing zoning ordinances, especially when the Planning Board is in the middle of doing the Master Plan. Why not wait until the Master Plan is developed. The Mayor advised that this was suppose to be done a year or so ago so they are doing it now.

Member Platt questioned the fact that the reservoir has property in this area. Mayor Mahler advised the developer would have to discuss that with the reservoir as Stop & Shop did.

Atty Veltri: In reviewing the Ordinance tonight, the only thing that caught my eye as the attorney for the Planning Board was in Section 5 subparagraph B. The language says the “Wanaque Planning (I assume they mean Planning Board) shall liberally apply subdivision standards and grant reasonable subdivisions including the redrawing of the lot…” I don’t necessarily ever like to see our standard being liberally applied. I think we apply the ordinance fairly and reasonably. If the Board wants that to be the standard, then we’ll leave the language, but I would suggest that standard be eliminated from any ordinance. It is an awkward standard for any board or any governmental entity to apply. You apply your ordinances reasonably and fairly. I don’t think we ever apply anything liberally.

Chairman Foulon asked that the section be stricken and the Mayor agreed.

Discussions ensued regarding the total area of this redevelopment, specifically the lots that are included, and about the older map (before highway built) attached to the ordinance. Reference was made to page 2 and 3 of the ordinance listing all the lots and blocks included and excluded, and the fact that Lot 4.02 is excluded (not in area) and is right in the middle of the redevelopment zone. The ordinance, as prepared, is specifically excluding Lot 4.02.

Chairman Foulon directed the Secretary to send a letter to the Mayor & Council, on behalf of the Planning Board, regarding the Ordinance, the attached outdated map and several deficiencies, which should be changed before final adoption.

OPEN TO PUBLIC DISCUSSION: None / Closed

RESOLUTIONS: None

VOUCHERS: None

MOTION TO ADJOURN AT 8:37 P.M.: made by Member Slater, seconded by Member Shutte, and carried by a voice vote.

______________________________
Jennifer A. Fiorito
Planning Board Secretary