Property owner seeking OK to build four homes
BY REBECCA MORTON Staff Writer

MARLBORO — A Planning Board hearing will continue for a proposed subdivision with four residential lots and one lot for storm water management. The property being proposed for the new homes is at the intersection of Conover Road, Gallya Grove and Imbrie Place.

The hearing is tentatively scheduled to continue on Sept. 17. If it is not heard on Sept. 17, testimony on the application will continue on Oct. 15.

The property owned by Larry Pesce is listed as a landscape nursery use. Pesce has owned the 8-acre property since 1987 and over the years has brought similar applications before the Marlboro Zoning Board of Adjustment, attorney Michael Bruno told the Planning Board at its Aug. 20 meeting.

Pesce took suggestions and comments that were made by professionals and board members at those meetings and came up with a new application, the attorney explained. The application is now before the Planning Board.

The property is surrounded by the Conover Hills development and is zoned as R-40AH, requiring lots of at least 40,000 square feet (1 acre). All of the proposed lots for the subdivision meet that requirement and are oversized.

Engineer William Wentzien, testifying for the applicant, said the lots would sit along a cul-de-sac road which would connect to Gallya Grove. It was explained that the connection into Gallya Grove would be the preferred entry because if the cul-de-sac connected directly to Conover Road there would then be three roads with a small amount of space between them.

The proposed road would cut into Gallya Grove at a location closest to the property and located between the existing houses that are across the street, Wentzien said.

Public sewer and public water service for the new residential lots would be provided by tapping into existing lines at Gallya Grove, the engineer explained.

In describing the storm water plan for the subdivision, Wentzien said water would be directed off the property toward the road. The runoff would be collected in a system in the road and brought to the lot containing the dry, shallow grass basin. The engineer said the improvements to the site would reduce the flow of water currently leaving the property.

One lot would require what Bruno called a technical variance. This issue focused on the minimum lot frontage for a corner lot.

Wentzien said the request for this variance is caused by the layout of the right of way. Had the street been positioned differently the lot would conform, but it would then create a situation for the current residents where they would have two front yards.

The board's professionals agreed that the road's location as show on the applicant's plan was the best option.

Township planner Richard Cramer said the developer would be required to make a payment into Marlboro's affordable housing trust fund, but said affordable housing would not be required to be built at the site.

Township Councilman Frank LaRocca, who sits on the Planning Board, questioned an existing wooden stockade fence the runs around the property. His concerns centered on who would be responsible for the fence if it needs repairs in the future.

The applicant said the fence LaRocca referred to is not part of his property and told the board it belongs to the Conover Hills development.

LaRocca asked that the issue of the fence's ownership be examined and requested that a new one be installed if it is found to be Pesce's responsibility.

Bruno said extra landscaping could be added as well in order to provide a larger buffer between the current homeowners and the proposed new homes.

One issue of contention between the board and the applicant was the need for a soil study due to the property's current use.

Bruno said his client had a Phase I soil report performed about five years ago.

Pesce testified that although fuel is stored on the property there has not been a spill of any sort since the soil report was done. He also said the property is inspected annually for insurance purposes.

Planning Board members and the township's engineer Laura Neumann said they believed it would be good to have the soil tested again.

"In this case it may be prudent for the board to ask for a Phase I (report)," Neumann said.

"You've heard testimony that there has been no spillage. Your ordinance does not require a Phase I (report), Mr. Herbert. If it did we would supply one, but it's not required so the testimony is what it is. To incur additional costs without an ordinance that permits it is not permitted," Bruno said in response to the board's attorney, Michael Herbert.

Bruno said the applicant would submit a copy of the 2003 Phase I study that was conducted.

Neumann said there are no Marlboro or state requirements for a Phase I study for the property in question.

The opinion of the board members appeared to be favoring the need for a new soil test of some type.

"We're building houses where people will live," LaRocca said in asking the applicant to voluntarily have a new soil study performed.

Contact Rebecca Morton at Marlboro@ gmnews.com.