Town CrierWest Orange, New Jersey
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Minutes · Sep 9, 2015

September 9, 2015

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would be protected during the excavation process; he noted there were residential lots to the rear (west). Concerning storm water runoff; he said the site would remain basically the same; where there was currently grass in the front and wooded areas in the rear, those elements would remain. The area to be disturbed in the middle of the lot would create a slight increase in runoff, less than -10 cubic feet per second, with a 1% to 2% slope. The disturbed material would be stockpiled on in the front south side of the property; it would meet all soil conservation standards. For a level of consistency and stabilization, grass would be planted all through the site. The process would take approximately three weeks. In response to questions from Councilwoman McCartney, Mr. Pelizzoni said that any lot is buildable, but this plan would make the site more marketable. Mr. Molica reiterated the plan was not for development, it was a Soil Removal Permit application, and the current lot had been effectively unmarketable for a significant time period. Mr. Pelizzoni said no variances for steep slopes were required; the area of disturbance would not be more than 25%. Mr. Molica said a variance was not warranted under a stand-alone Soil Removal Permit; it was not a development application. Mr. Pelizzoni said the bulk of the soil would be removed from the site; any stockpiled soil would be re- used for the topsoil; he was unsure if the soil was in need of remediation; all soil conservation guidelines would be followed. The existing retaining walls would remain; they appeared to be in good condition. The residential homes to the west would not be disturbed; excavation would cease approximately 80-ft. to 100-ft. from those lots. In response to questions from Mr. Eben, Mr. Pelizzoni said there would be a pre-construction meeting with the Township’s engineer and Applicant’s contractor to discuss traffic control during the excavation; Mr. Molica stated the Applicant would agree to a pre-construction meeting with Township officials to discuss the issue. Mr. Pelizzoni confirmed the north retaining wall was on the property line; Mr. Molica said the Applicant would agree to pre-construction meeting with Mr. Russo to discuss Mr. Eben’s concern regarding the stability of the north retaining wall. In response to questions from Mr. Klein, Mr. Pelizzoni said areas of disturbance could be

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ion meeting with Mr. Russo to discuss Mr. Eben’s concern regarding the stability of the north retaining wall. In response to questions from Mr. Klein, Mr. Pelizzoni said areas of disturbance could be greater than 25% without a request for variance relief. Mr. Molica stated no variance was required because a soil removal permit was not an application for development. In response to inquiry from Vice Chairman Bagoff, Mr. Pelizzoni did not know if the existing slopes were man-made or natural; however, there did appear to be remnants of asphalt near the street level, which could have been left over from the street paving. Mr. Klein opined there appeared to be a loophole (in the ordinance), allowing for slope disturbance greater than 25% without a request for variance relief. Mr. Molica said the Applicant understood the Board’s concern; however, the area steep slope disturbance was de minimis. In response to Mr. Klein’s inquiry, Mr. Dwyer said the current (steep slope) ordinance did not allow for any disturbance if the slope was greater than 25%. Vice Chairman Bagoff suggested the issue be brought to the attention of the Township officials. Ms. Keller had no questions for Mr. Pelizzoni. In response to questions from Mr. Russo, Mr. Pelizzoni stated no blasting would occur during the excavation process. He confirmed the plan was to create a flatter area in the front; topsoil would be stockpiled for a temporary basis, the spread out again and seeded. There would be no stockpiled soil remaining at the end of the project. In response to Mr. Russo’s concern that the plan might create man-made steep slopes that would result in the need for variances should there be a future development application; Mr. Molica again stated the issue was not germane to the Soil

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