Lesson: Always good to have a professional with you when presenting to the Planning Board

The May 9 Planning Board meeting provided several examples of why it is good to have a professional, whether an engineer or attorney with you (of course that means... that a "good" engineer or attorney) because things can get tangled up quickly without someone wise in the ways of Planning Board Professionals, Town Code and Building Departments.

First up on the agenda was a vote on whether the special use permit to legalize a caretaker's cottage on a property of 21 acres on Route 376. This applicant had chosen to be represented by an attorney - which proved to be very helpful during this process, pointing out that the limitation of having only one curb cut was a recent change to the building code, so their curb cuts were legal (something that had slipped by the building department for two previous applicants) and that a request to move a hypothetical property line, in the event of a subdivision by a future property owner would create a practical problem of septic placement. So the hypothetical property line stays where it is and the Planning Board voted to approve the special use permit (after a discussion that the town code does not include a definition of "caretaker's cottage" and whether rent can be charged).

The second discussion involved a lot line realignment on Tuscany Drive -- a fairly new subdivision (2005/2008 or so). Neighbors had agreed to convey .69 acres between each other. However, somehow in the past.... the well for one neighbor is on the property of the other neighbor. This has been sorted with easements etc. -- though of course this is not the best situation, and one can understand with very old properties how this may have occured .... but in such a new subdivision -- where were the professionals at that time? Anyway, it was proposed by a town professional that wouldn't it be nice to move that lot line also ... and "fix" the situation.... which on the face of it seems simple. Here's where having an attorney with her, saved the applicant a lot of pain. The attorney pointed out that the mortgage lenders for each of the properties would have to agree to this change, and since everything had been worked out in the respective deeds when the original subdivision was created, as awkward as it is, it is much cheaper and simpler to leave well enough alone. He also pointed out that while it looked simple on a flat map, the topography of the property was such that the current line makes sense. The planning board voted to waive a public hearing and to have the Town Planner draft a resolution approving the realignment for the .69 acres only.

Then we came to the lot line realignment for a property in Chelsea on Easter Road -- that by the way ... the applicants have just run the gauntlet of the ZBA to get a variance to allow a flag pole lot to enable them to access the property, because the current road has a bridge that can't support fire trucks. By conveying property to the applicants, the neighbor will remove the option of adding a septic to his property in the unlikely event of his septic, which has been working well for years, doesn't work -- this was discussed at great length. The professionals requested that a number of "notes" be added to the plan, the septic, the ZBA variance etc. A public hearing was waived (whew... the neighbors/applicant had already been through the ZBA public hearing) and the Town Planner was directed to draft a resolution approving the plan.

The adjourned public hearing on the subdivision proposed on the corner of New Hackensack Road and Widmer Road was reopened... with a different Town Engineer representing the town as a conflict engineer. It was clear he had studied the situation carefully and asked that the proposed easement be 30 feet (Town Zoning Code has conflicting language in it) so that equipment can get in the area if required and recommended that it be clearly detailed who is responsible for cleaning the drainage ditches and inlets). The public's concern, expressed by a neighbor, is that the area is very wet and that there has been bad flooding on their property in the past. So a conversation about ditches, inlets, wetland permits etc. was held. The Board voted to have the town planner draft a resolution approving the subdivision with all the caveats and conditions that were discussed.

A request to extend the subdivision application for a property on Middlebush Road was granted.