Planners reject application for two-home subdivision
BY REBECCA MORTON Staff Writer

MARLBORO - The Planning Board has denied an application for a minor subdivision on a piece of property in the Land Conservation (LC) zone on Station Road between Route 79 and Crine Road.

Attorney Jonathan Heilbrunn represented the applicant Anil Jain at the board's Sept. 5 meeting. Jain was seeking the board's approval to subdivide a 7.36-acre parcel into two smaller lots, one parcel of 4.60 acres and a second parcel of 2.19 acres.

Heilbrunn noted that a building lot in the LC zone requires 5 acres.

Testimony was heard from project engineer William Voeltz and project planner James Higgins.

Voeltz testified that the area was readily developable as proposed.

The proposed lots were to be used for the construction of two single-family homes, which Higgins said would be between 4,000 and 5,000 square feet in size. Higgins said that size would be consistent with the character of the homes in the area.

"I think the plan will help reduce urban sprawl," Higgins said, adding that in his opinion the subdivision would not have a substantial negative impact on Marlboro's master plan.

The board's planner had a different opinion on that matter. Jennifer Beahm reminded the board members that the intent of the master plan is to prevent overdevelopment. She said the lot's present size of 7 acres could be developed with one home.

Board Chairman Peter Bellone agreed with Beahm's comment and asked why, if there was an existing conforming lot, would the applicant seek to divide it into two non-conforming lots.

Many residents who live in the area where the subdivision was proposed were present at the meeting to listen to the presentation of application.

During the public comment portion of the meeting many of the residents voiced concern about potential flooding problems should two homes be built on the subdivided property. They said rain already runs like a river down their street.

Resident Cheryl Vota asked how come the property was being referred to as 7 acres when it is shown on the tax map as 6 acres. On the applicant's survey the property extended across Station Road.

Planning Board attorney Dennis Collins noted that if Station Road was considered a dedicated road then it could not be included within the acreage of the property. No one on the applicant's side had a definite answer as to whether the road was dedicated or not.

Vota also said that the applicant's plans showed no streams or waterways, but she pointed out that a stream flows behind her home.

She also said the proposed size of homes would not fit within the character of the surrounding homes. Vota said her home is 2,500 square feet and said her neighbors' homes are 2,000 square feet and 1,600 square feet.

"The proposed homes are huge in comparison," she said.

Voeltz responded to the comments by saying that the topography of the land would lead water to collect in natural pockets rather than proceed in a southerly route to cross the road toward the concerned residents' homes.

During the panel's deliberations, board member Mark Barenburg asked why the applicant would want to squeeze two homes in the space.

Board member Elvera Fernandez said "the whole plan is making me uncomfortable." After noting problems with the accuracy of the survey, the water issues and the request to exceed the density of the LC zone, Fernandez made a motion to deny the application.

The residents applauded the motion, which was seconded by board member Randy Stouber.

Bellone said the property was fine for one home and said it would not make sense to go against the master plan and allow two homes on that site.

The board members voted 8-0 to deny the application.

The residents said they were glad the board rejected the application, which one member of the audience labeled ridiculous.

Other board business that evening included an amended site plan for the Triangle Business Park, Amboy Road. The change in plans was to deal with parking within the site. The property's developers are Steven Meiterman and Bernard Meiterman.

Before the matter could be heard, a question of whether the board's chairman could hear the case was raised. After 30 minutes of discussion it was determined that Bellone has no connection in any way to the property and could hear the case. Testimony was not presented, however, due to the late hour and the matter was rescheduled for Oct. 17.

Members of the public also filled Town Hall for a public hearing on Tennent Acres/Villas at Marlboro. The applicant is proposing to subdivide a piece of property on the east side of Tennent Road between Church and Union Hill roads and to construct six single-family homes. Two existing homes would be replaced with new homes, according to the plan. The property is zoned R-80 (houses on 2-acre lots).

The applicant is seeking preliminary and final major subdivision approval.

The application was not heard and was carried to the board's Oct. 17 meeting.