Development plan seeks to unite six projects
Pine snake's presence on Grawtown Road is point of contention
BY DAVE BENJAMIN
Staff Writer

A vote by members of the Jackson Planning Board on a General Development Plan (GDP) for RG-2 Associates, an application for 193 homes on Grawtown Road, has been postponed until Aug. 20.

With four of the six tracts of the proposed GDP already given preliminary development approval (a total of 148 homes), attorney Ray Shea came before the board last week to request GDP protection for the final two tracts that potentially contain an additional 45 lots, for a total of 193 lots on the six tracts.

Responding to questions from the board, Shea said, "If you turn down the GDP, I have no other legal choice but to bring in each [development application] separately. So you will have six separate subdivisions, all totally unrelated, none of them connected and with about twice the number of conflict points on Grawtown Road, not to mention the utilities and the detention basins."

If the board approves the GDP, Shea said, one project will come in on that side of the road for all six tracts.

"That's the benefit of the GDP," he said. "You see the entire picture.

"We have already completed our testimony on the subject of physical impact studies, engineering and traffic, and we ended the meeting on May 21 with the understanding that we would turn in certain information to the environmental commission, and that was furnished to them," Shea said.

Shea said there was a lengthy meeting on June 19 with the Jackson environmental commission and he asked if there was anything further that either one of the commission members, who were present at the July 16 Planning Board meeting, cared to add.

Gene Fowler, chairman of the environmental commission, said he recommends that an independent environmental study be made at the Grawtown Road property based on the comments of residents who appeared at the last commission meeting.

Fowler said the residents indicated that a northern pine snake was discovered at the property and they have since sent in their report and photographs to the state Department of Environ-mental Protection.

"Being that there is a pine snake, that's our recommendation," Fowler said.

Shea said he was aware a snake had been found and said he has to assume it was a legitimate discovery as testified by Rich Gogan, who found the dead snake.

"Clearly this has to be analyzed by the Pinelands Commission," Shea said. "We have over 1,000 hours studying the species for two years at the site. We are prepared to do further studies if that's necessary for the Pinelands Commission."

Shea said he has 132 pages of testimony that was given at the June 19 environmental commission meeting and wanted to remind the Planning Board that this is an application for a GDP and not for preliminary or final approval of one specific application.

"The level of investigation conducted by the environmental commission is totally disproportionate to the application," he said.

Shea said there is nothing in a Jackson ordinance that would allow for an independent study of the pine snake. The ordinance does allow the environmental commission to have someone study the applicant's materials [only], but that is using taxpayer money.

"But I think if you are dealing with threatened and endangered species there is no better commission than the New Jersey Pinelands Commission to deal with it," Shea said. "This is a commission that is rigorous in its enforcement of threatened and endangered species."

Since 1979 when the Pinelands Commission was established, Shea said, he had never heard anyone in a regulatory position express dissatisfaction with the Pinelands Commission other than the comments he recently read in the June 19 Jackson environmental commission meeting minutes.

"Any pretense of objectivity concerning this subject, threatened and endangered species, by [the Jackson environmental commission] was abandoned. Their objectivity has been lost," the attorney told the Planning Board. "It was an incredibly biased presentation that night."

Shea said that as a professional he was embarrassed to read how environmental scientist Ian Borden, representing RG-2 Associates, was treated as he testified under oath.

"He was abused," the attorney said. "He was vilified. It was a disgrace."

Shea said if the board members want to hire someone to review the applicant's materials they should do so.

Board member Eileen Tobasco wanted to know if the members of the Jackson environmental commission are appointed, whether they are professionals and if they have qualifications to serve on the panel.

"If they are giving an opinion about this, I want to know who is giving the opinion," Tobasco said.

Planning Board attorney Greg McGuckin said the environmental commission members are appointed by the Township Council, while the Pinelands Commission members are qualified and have certification. They do not make decisions without proper credentials, he said.

Using aerial maps, Borden described the Grawtown Road tracts that were already approved and will be a part of the GDP, as well as the tracts that still need approval, if the GDP was to be approved.

During the public portion of the meeting Gogan, the Grawtown Road resident who found the dead northern pine snake, asked if the GDP was to be approved and changes were made, would the applicant have to come in for a new approval.

Shea said the applicant would have to come in for preliminary approval.

McGuckin explained that if the GDP is approved, the property would be protected from a future zoning change, but the applicant would still have to come back for approval. He noted again that RG-2 Associates has already received approval for 148 of the 193 lots.

Gogan said, "The residents who live on the street know the snakes are there. We know they are not just garden snakes. They don't just come out to hang out around the garden. They come out once in a while to sun themselves. One snake was found in 2005 and now (in 2007) this is the second (northern pine) snake, even though it was run over. There's breeding going on. [This is] a critical habitat."

Shea said the protocol was approved on two separate occasions by the Pinelands Commission.

"It was walked, investigated with over 1,000 man hours just on this one species on two different tracts," said Shea. "So for Mr. Gogan to suggest that what we did was substandard is simply unfair, wrong and not the truth."

McGuckin said the Municipal Land Use Law does not give Jackson the right to conduct an independent study on every application.