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December 13, 2007
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Residents of cul-de-sac object to street changes
BY DAVE BENJAMIN Staff Writer

JACKSON - Residents who live on Denmark Lane do not want any changes made to their street or to their properties. They voiced their concerns at the Dec. 3 meeting of the Planning Board.

Denmark Lane is a cul-de-sac off Green Valley Road, near Clearstream Road.

Planning Board engineer Douglas Klee said applicant Eli Weinstein is seeking approval for a subdivision of two lots and the extension of a cul-de-sac in Jackson's R-2 zoning district. Variances are required for lot depth (400 feet are required and 277 feet are proposed on the two lots), he said.

Klee said when the issue was discussed on Oct. 1 there was a question about the cul-de-sac on Denmark Lane.

"We asked the applicant to contact the adjacent property owners and find out what their desires are regarding the cul-de-sac, whether to remove the cul-de-sac or allow the cul-de-sac to remain," he said.

Attorney Denis Kelly, representing Weinstein, said letters were sent out on Nov. 19 to the neighbors regarding the subdivision of the property into two lots with a culde sac at the end of Denmark Lane.

"With the letter we also sent out a copy of the new design," Kelly said. "There was no feedback."

Board Chairman Kenneth Bressi then opened the meeting to comments from the public.

Thomas White, Denmark Lane, said, "I live on the cul-de-sac and I'm going to be directly affected by the change. I think there is going to be a serious quality of life issue for me and also for the other two homeowners who purchased their house on the cul-de-sac."

White said he has a 1-year-old baby and said he bought the house specifically for the cul-de-sac that was there He said he discussed the idea with neighbors of putting additional houses there and he believes there is a serious environmental issue.

"I mentioned to the engineer there is a 500-gallon oil tank with a puncture hole in it sticking out of the ground," White said. "There is debris on about 90 percent of the property there. There is a piece of concrete that is nearly the size of a car jutting out from the ground, not to mention the small debris, the iron and other building items, tires, etc. These are the issues that have not been properly addressed."

White said somebody came and put a load of sand in an area that residents call the pit.

"There's probably an acre that's covered with sand," he said. "It was a large pile that was spread out all over the property. I have issues with that because there was debris underneath it. There was debris around it and there's still existing debris that's jutting out from it."

White said he did not think any remediation was done properly or at all at this point. He wanted to know if there was any possibility of bringing the driveways from the (proposed) houses to the existing cul-desac, rather than removing the existing culde sac and creating a new cul-de-sac and a new road.

White questioned how the subdivision application would affect property values since, he said, a cul-de-sac is prime real estate.

"The property value will decrease for the homeowners on the cul-de-sac," he said. "That's another issue."

White also noted that there could be a noise issue from nearby Hope Chapel Road if the lot in question is cleared.

"The noise from Hope Chapel Road will emit through the 500-foot (buffer) if it is cleared," the resident said. "The rest of the neighborhood has 500-foot properties and these are going to have about half of that."

He said the lot that the applicant is proposing to build on has a 25- to 30-foot erosion at a 12 degree angle. He said there is a serious issue that would have to be met regarding stabilizing the ground and removing the trees that are just hanging on by a root basically on both sides.

Jan Rosen, Denmark Lane, said he agreed with White's remarks. He said he moved to the area 11 years ago and does not want to give up the cul-de-sac.

"If (Denmark Lane) was to be straightened, my house, Tom's house and my neighbor's house won't look like they're facing the right way to the road," Rosen said. "They were set to the cul-de-sac and that's not right. It would definitely devalue the property."

Rosen said the erosion problem White mentioned is very close to his property and said he has seen it get worse over the years. He said there are vines on the property that have taken over the trees.

"That's the only thing that's holding that land together at all," he said. "I think that's a major issue to be looked at."

Martin Fimiani, Denmark Lane, said it seems as if things are being done for the person who is going to purchase the property.

"This individual purchased an albatross and is now looking for exceptions," he said. "[There will be problems with] garbage pickup, snow removal, traffic, my grandkids can't play there. I think if you make any variances, you ought to consider the people who live there now."

Denise Garner, a township environmental commissioner, said, "It was indicated that the site needs to be remediated. Has anybody been out there to take any soil borings to see if there is any kind of ground water contamination associated with that property?"

Garner said existing wells could be impacted.

"What we are talking about here is primarily concrete (from the previous owner," said environmental scientist Ian Borden, representing the applicant.

He said his client has contracted to remove the debris and the health department file was closed.

Garner said it still has to be removed and tested.

Kelly, the applicant's attorney, responded by saying that as part of the application the applicant will clean up the site.

Project engineer Graham J. Macfarlane presented a copy of the final map of Twin Oaks that was filed in September 1978. The map showed 18 lots and 13 of the lots did not conform to current lot depth.

It was noted that the cul-de-sac on the plan was supposed to be temporary.

"That was 29 years ago," board member Blanche Krubner said.

Several suggestions were offered and Macfarlane said this was a unique situation.

Bressi said things have changed since 1978.

The Planning Board is expected to continue hearing the Denmark Lane application on Feb. 25.