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February 21, 2008
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Planning Board turns down plan for Cross Street homes
BY DAVE BENJAMIN Staff Writer

JACKSON - A proposed residential development which was deemed to be of no benefit to Jackson has been rejected by the Planning Board.

The homes were proposed by the applicant 53 W. Cross St. LLC on an 8-acre piece of property, with approximately 3.5 acres in Jackson and 4.5 acres in Lakewood. The parcel is on Cross Street in Jackson and Lakewood.

Voting yes on a motion to deny the application at the Feb. 4 meeting were board members Blanche Krubner, Joseph Riccardi, GeorgeMcKay, Emily Ingram, Todd Porter and Chairman Kenneth Bressi.

Voting no on the motion to deny the application were board members Eileen Tobasco, Dan Burke and William Cook.

The board's engineer, Douglas Klee, said there were five proposed lots and one existing lot to be served by a cul-de-sac. He said all of the infrastructure improvements would be the responsibility of Lakewood to maintain.

Attorney John Doyle represented the applicant before the board. He said there were two existing houses on the property in Jackson and one would be removed.

Project planner Charles A. Boyles represented the applicant. He said the road and storm sewer would be maintained by Lakewood. He noted that the property would be divided by a cul-de-sac in the center of the property on Cross Street.

Boyles said one problem with which the applicant dealt was how to lay out the property so that it complied with the zoning requirements of both towns.

One point of contention during the hearing was the detention basin, which would have been in Jackson but maintained by Lakewood.

"It is U-shaped, which was a redesign, and it meets the storm-water regulations," Doyle said.

"That doesn't satisfy me," Krubner responded. "You have to account for more than just the rain. There's still a black ice problem as it relates to the pavement on (Cross Street."

Doyle said there would be no other drainage system to go into in order to discharge the overflow.

Bressi said he also has a problem with the concept.

Project engineer Charles Surmonte said the recently adopted storm water regulations were met.

"This is a safe drainage system," he said.

The question of responsibility for the drainage arose again and Doyle said Jackson would know it was Lakewood's responsibility.

"There are three players, Jackson, Lakewood and the individual owner," he said, adding that everyone would know who is responsible.

Krubner asked if Jackson could regulate a neighboring town and attorney GregoryMcGuckin, who represents the board, said that could happen if there is an agreement.

Alan Dittenhofer, the board's planner, asked how the project would benefit Jackson and asked if the applicant could provide an alternate route layout.

Dittenhofer also had questions about traffic and Bressi raised issues about tree removal.

During the public hearing, resident Noreen Gill said she was concerned about the drainage basin, the maintenance problem and the loss of trees.

Sally Wells said she has lived on Cross Street for 50 years and knows the builder constructs upscale homes. She said she was not concerned with flooding on Cross Street and was in favor of the new homes being built.

During the final comments, Klee said there was a concern regarding the drainage to the rear properties.

Krubner said there would be no benefit to Jackson. She had several questions regarding the detention basin, which she believed was a serious concern.

A motion to deny the application was offered and a majority of the board members present voted to deny the plan.