Applicant seeks approval for 4-home subdivision
BY DAVE BENJAMIN Staff Writer

JACKSON - No decision was reached last week after the Planning Board heard testimony for a four-home subdivision off Clearstream Road, just east of Brewers Bridge Road.

The application filed byMichael Rottenberg was carried until July 7, at which time another hearing date will be assigned.

Planning Board engineer Douglas Klee said the applicant is proposing to subdivide the 10.5-acre tract into four residential building lots and one storm-watermanagement lot. Each lot will comprise about 2.2 acres. Klee said all four building lots will comply with the R-2 zoning district, but the drainage basin lot will require relief for area and width.

Sidewalks and curbing will be required on both sides of a proposed unnamed access road, Klee said, and the applicant has indicated that a sidewalk would only be installed on one side of the road. Klee said the applicant has to discuss road improvements proposed for ClearstreamRoad where curbing, sidewalks and shade trees will have to be installed along the tract's frontage.

"Only partial curbing is indicated at the new road's connection to Clearstream Road," Klee said. "The intersection with Clearstream Road and the proposed access road (into the tract) is at a 75-degree angle and should be at a right angle. The applicant will address the safety issues."

Each of the four homes will have a well and a septic system. Street lights will be installed on the new road and it will be determined if any additional street lights will be needed on Clearstream Road.

Attorney Denis Kelly, representing the applicant, said there was litigation on this application and there was a court-ordered remand to the Planning Board. As part of the prior application, there was an existing dwelling on the property with variances, bulk variances and non-conforming variances, Kelly said.

He said the court asked if the lot could be redesigned without the existing structure to possibly remove the variances.

When questioned by Planning Board attorney Gregory McGuckin as to whether this is a new application, Kelley said, "This is a new design. We are submitting a new application. It's not the same application as the first one. We decided to scrap [the previous application] and redesign it altogether."

Engineer Matthew J. Flanagan, representing the applicant, said it is possible that there may be a smaller storm-water basin. He said the basin and the access road will be dedicated to the township and will be maintained by the lot owners on an ongoing basis.

Flanagan said each lot is about 2.2 acres in size. He said every lot exceeds the required depth and width. The storm-water management lot is not 2 acres in size, but is adequate for storm-water management, he said. A cul-de-sac will be at the end of the access road.

"We propose curbs and sidewalks on the eastern side of the access road," Flanagan said. "The northern side will have no pedestrian traffic."

He said there will be an underground storm-water retention basin on each lot for water run-off from the roof.

Flanagan said he plans to put in a small curve in the access road so the connection to ClearstreamRoad will not be 75 degrees.

"I think there are some fundamental issues we need to address with this application at this point," said the board's planner, Alan Dittenhofer. "I noted there were other variances required for this application, including lot depth, lot width. I hear testimony that the lots are conforming and not. I've heard that the road is going to be realigned to put a curve in there, then one lot is not conforming anymore."

The curve will be within the right of way within the access road, Flanagan responded.

Klee said he could not see how that could happen and still be within the standards.

Board Chairman Kenneth Bressi asked what will happen if the property owner does notmaintain the four individual basin systems.

Board member and township engineer Dan Burke said he was also concerned about the drainage segments.He wanted to know who is going to operate the segments.

"The property owner," Flanagan said. "That's once a year, maximum."

Flanagan said a storm-water management and maintenance plan will be included as part of the application.

Klee suggested joining the three stormwater pipes together.

"There seems to be a lot of things, considering it's such a small application," Burke said.

Board member Blanche Krubner said there is a very sharp slope on the properties, making the situation complicated.

Dittenhofer returned to the lot depth and lot variances and requested a revised set of plans.