March 12, 2025 Planning Board Regular Meeting Minutes

does not apply to areas that were not previously developed. In the documents to claim urban re-development it has to be a previously developed area. From exhibit O1, the rear of the property and the adjacent areas contain trees and unmaintained areas. Under the rules those areas are not considered previously developed. Regardless of the fact that they are in a PA 1, ground water recharge is required to be addressed for the removal of those wooded and natural areas that were not previously developed. The report does not address ground water recharge. Mr. Keller introduced Exhibit 02, an aerial map dated 3/21/23 of the post-development channel. Mr. Keller annotated the map to show the channel no longer follows the path it has done historically as shown on various documents. This water course is now straight. There is an elevation on Eagle Ridge Way and another elevation where it meets the Llewellyn Park property line. Those elevations are the same because you are meeting existing conditions on each end but the distance is now shorter. The slope is vertical change over horizontal length. If the top number doesn’t change and the bottom number gets shorter, that means that the water course is now steeper. That is important because the steeper the water course the higher the velocity. Mr. Keller states that land cover has been changed on the property to the south, which is 42 Eagle Ridge Way. That has an impact on the stormwater and flow to Llewellyn Park. The stormwater report does not address that. It focuses on what the ultimate improvements are on 40 Eagle Ridge Way, but Mr. Keller states that is not indicative or 13

representative of the change in land cover that’s tributary to the point where that water course enters upon Llewellyn Park properties. Mr. Keller agrees that for the board to properly engage and review it has to look at the conditions of the site both prior and subsequent to the illegal construction activity of the property. Mr. Keller has had the opportunity to review the various surveys submitted by the applicant. Mr. Keller agrees with what Mr. Simon stated in his letter that the drainage ditch water course constitutes a regulated water feature under the riparian zone portion of the state regulations, based on the photographs and the 2021 Robert survey showing there were banks there. Mr. Keller states the applicable regulations are set forth in NJAC 7:13 which is a flood hazard area control act rules which establishes riparian zones adjacent to all water courses that has a defined bed and banks. Based on the information provided by the engineer for Crystal Point, it does not have a flood hazard area because the tributary area is less 50 acres but the riparian zone criteria apply regardless of the drainage area, it is defined by the physical characteristics of the water course which has a defined bed and bank and that is clear from the aerial photos and surveys. Disturbance of the stream channel and the removal of vegetation within the riparian zone is a violation of those regulations. Mr. Keller agrees that the stormwater ordinance includes requirements to show steep slope information and topography within 200 feet of the subject property. That was not done for this application. Mr. Keller has reviewed the steep slope ordinance, particularly as it relates to stormwater management. Mr. Keller agrees with the narrative that disturbance of steep slopes results in accelerated erosion processes from stormwater runoff. BOARD QUESTIONS Chairman Bagoff asked if the applicant closed off the access of water on this side of Eagle Ridge Way, would that stop all of the water runoff onto Llewelyn Park. Mr. Keller said the wetland area will not have an outlet for that water. It will continue to build up until it flows over the roadway and then flow down uncontrolled through 40 and 42 Eagle Ridge Way and still end up in Llewellyn Park. NO PROFESSIONAL QUESTIONS NO PUBLIC QUESTIONS *The application has been carried to the April 9, 2025, Planning Board

ncontrolled through 40 and 42 Eagle Ridge Way and still end up in Llewellyn Park. NO PROFESSIONAL QUESTIONS NO PUBLIC QUESTIONS *The application has been carried to the April 9, 2025, Planning Board special meeting without further notice. * Meeting adjourned at 11:15 P.M. ADOPTED: él yes Planning Board Secretary