February 12, 2025 Planning Board Special Meeting Minutes

plan approval that implicates steep slope disturbance shall be reviewed concurrent with any site plan review. Under section 60 of the municipal land use law, the statue states you can apply for a bulk variance and then subsequently apply for any necessary site plan approval. The reason for this is if certain site plans requirements are expensive, you go into the variance first, if it’s granted, you go back to the site plan approval and at that time you have to reprove the negative criteria for your variance. In this case, you would be doing it backwards. Here they need steep slope variance approvals and cannot go back in and subsequently ask for a bulk variance approval after receiving a site plan approval, where the grading and the disturbance of the site dictates and triggers the need for hat steep slope relief. Mr. Simon said the information that was provided by the board shows the disturbance of the steep slope and how that implicates the storm water management system which is an issue here and with regard to a site development storm water plan, it is also required to indicate to plot topographic conditions within 200 feet of the property which hasn’t been shown and steep slope information. As part of a storm water plan analysis it says that the written description of the features of the site including soil conditions and slope conditions corresponding with regard to the steep slope ordinance says disturbance of steep slop result in accelerated erosion process from storm water runoff. Mr. Simon said due to the interplay between steep slope disturbance and storm water management, especially here when the applicant is applying for a major site plan, the fact that the applicant has failed to apply for the necessary steep slope variances that they need relief for and the interplay of those variances due to prior disturbances where they are asking for forgiveness not permission. Ms. Triolo replies to Mr. Simon by saying this application has been deemed complete, they are looking for storm water management. They did not apply for a steep slope variance because they believe they don’t need one because the area that is being considered for this storm water management system does not impact steep slope. Based on the engineer’s testimony, the mechanism for the storm water management is 100 feet from the property line. They already have seepage pits that were

agement system does not impact steep slope. Based on the engineer’s testimony, the mechanism for the storm water management is 100 feet from the property line. They already have seepage pits that were designed to accept and collect all of the impervious on the site. They have added to that and restricted even more storm water and this application includes significant reduction in storm water. The applicant they would like the storm water application to be considered. Mr. Simon said when an application comes before the planning board and it is brought to the attention of that board, if the board determines that based on their ordinance that the application is complete and/or where the member of the public raises questions as to not just checklist completion but whether the applicant has applied for all the relief that is required of them for approval of a site plan of a development application. The ordinance says that for any development application before the planning board it shall consider and review the steep slope ordinance for compliance. There is no geotechnical information, seasonal high water table information, or hydraulic measurements. Mr. Simon said he does not want the board to go through the process of hearing an application and then realizing that it has to be a do over because it is not completed or it is missing critical information. For these reasons, Mr. Simon said for these reasons this application should not proceed as submitted or as a notice to the public. Mr. Simon said the notice to the public state that no variances were required when they are and it talked about permission to construct the 2-tier wall at the rear of the property and it is in the middle of the steep slope. Mr. Simon said the rear of this property is consumed by steep slopes which has already been disturbed and are proposed to being disturbed as well.