MINUTES OF THE SPECIAL MEETING OF THE

LITTLE SILVER BOROUGH COUNCIL

August 21, 2006

The meeting was called to order and the Statement of Compliance with the Open Public Meetings Act given by Mayor Castleman at 7:30 P.M.

"Adequate notice of this meeting has been provided by the mailing of a notice to the Asbury Park Press and The Two River Times, by filing same with the Clerk of the Borough of Little Silver and by prominently posting said notice on the bulletin board of the Borough Hall, all since August 8, 2006."

The salute to the flag was led by Mr. Galante and followed by a moment of silence.

Roll Call:         

Present:            Mayor Castleman, Mr. Bitman, Mr. DeNoia, Mr. Galante, Mr. Gilmour,

Mr. VanWinkle, Attorney Bennett, Mr. Leckstein, Mr. Coppola and

Mr. Biehl, Administrator/Clerk

Absent: Mr. O’Scanlon

PUBLIC HEARING

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 16A, “LAND USE AND DEVELOPMENT ORDINANCE”, OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF LITTLE SILVER, COUNTY OF MONMOUTH, STATE OF NEW JERSEY (1973) AND SPECIFICALLY SECTION 10.1 REGARDING THE “LIST OF ZONES”, SECTION 10.2 REGARDING THE “ZONING MAP”, AND A NEW SECTION 10.20 REGARDING ZONING PROVISIONS FOR A NEW “ARAH” AGE-RESTRICTED AFFORDABLE HOUSING ZONING DISTRICT

Mr. Biehl certified that same had been published in The Asbury Park Press, August 10, 2006 and posted on the bulletin board, with copies available to the public.

Motion hearing be opened:        Mr. DeNoia

Second:                                    Mr. VanWinkle

Roll Call:  Voice Vote - Ayes – Unanimous

Mayor Castleman declared the hearing open and called for comments.  Mr. Biehl read a letter (copy enclosed) from Diane Ramsey, Planning Board Secretary, recommending adoption of the Ordinance.  Mayor Castleman called for further comment, advising that questions would be addressed to Mr. Coppola, who would answer the question.

Rosemary Brewer, Pirates Cove, requested that the previous questions be reviewed and advise the public as to where the affordable housing will be put and alternative plans if the rental units are not gotten, or if there are environmental or other problems with the development and how many other applications are pending.  Mr. Coppola replied that the Borough is in the process of addressing its third round obligation of COAH’s time periods.  In the second round, the Borough had submitted a plan to which COAH responded to in 2005, agreeing with the Borough that under the existing rules, the Borough could have an adjustment of the obligation, which was a total of 207 affordable units, but the Borough argued that only 18 units were required.  COAH determined that the obligation would be 21 units, accepted by the Borough.   He said in answer to Ms. Brewer’s first question regarding previous questions, that he and Mr. Leckstein had been meeting with COAH to clarify any questions.  In answer to her next question, Mr. Coppola replied that the Borough has an obligation to provide rental units, and there will be 10 rental units, which will help meet the obligation.  Addressing her third question regarding how many housing units the Borough is obligated to provide, the second round obligation is 21 units, and 11 units for the third round. 

Mrs. Brewer further questioned the number of affordable units.  Mr. Coppola answered that there will be 7 age-restricted units available for affordable housing.  She further asked if the accessory apartments plans are not successful, what is the plan.  Mr. Coppola answered if the Borough is not successful in several years, COAH may provide additional options, because the rules have changed in the past and will probably continue to do so.    He further stated that the rules have been changed and the Borough has followed all the rules of the timelines COAH has set. 

Mrs. Brewer again asked for an explanation of where the units would be.  Mr. Coppola explained that there would be a total of 7 age-restricted units, 10 accessory apartments, and 15 regional contribution agreement units.  He stated that the specifics of these plans were addressed at previous public meetings.

Mr. Coppola further explained to the public the background of the affordable housing plans.  He stated that in previous COAH requirements, they recommended an overlay zone along the railroad tracks for the potential of development for affordable housing.  It was also recommended that the Borough explore the option of a transit village with accessibility to transportation.  He said that in the fair share plan that was submitted to COAH the overlay zone recommendation was addressed and the transit village option was not applicable.

Mark Newsome, 54 Judith Road, asked if COAH had ever forced a municipality to convert commercial housing to residential, and Mr. Coppola replied that it had.  Mr. Newsome then questioned where the 25 proposed parking spaces would be located.  Mr. Coppola stated that there has been no site plan review, it is only an option for the Borough in the event overflow parking was required.  Mr. Newsome requested that the specific location be added to the site plan.  Mr. Galante responded that when a decision was made for this proposed parking, there will be a public hearing and site plan review. 

Chris Foard, 65 Edgewood Avenue, asked if the 25 additional parking spaces would tie the Planning Board’s hands, specifically in creating an obligation to provide those parking spaces.  Mr. Leckstein replied that the parking spaces in question are primarily for Challenger Field, and that if it is environmentally or physically impossible, a variance will be secured.  Mr. Foard further stated that he felt it was a bad idea for traffic and drainage.  Mayor Castleman replied that the Planning Board has not be presented with a plan for this parking area, and when a plan is received, it will be reviewed and discussed and neighboring residents will be notified.  Mr. Foard then expressed concern that it would become overflow parking for the train station, Mayor Castleman assured him it would not, that the parking spaces are being allocated for the Challenger Field.  Again, Mayor Castleman advised him that when the Zoning Officer receives the plan, residents would be noticed.   Mr. Foard expressed further concern that the Borough would be obligated to provide these 25 parking spaces.  After discussion with Mr. Coppola, Mr. DeNoia explained that the Planning Board would require the developer to provide a specific number of parking spaces, in this case, 25 spaces for Challenger Field.  He also explained that a site plan would be thoroughly reviewed by the Planning Board, with the public present.   He said the plan would be considered in the interest of the residents of Little Silver. 

Mike McGann, 52 Winding Way, asked what the Borough’s number of units obligations were before this application.  Mr. Coppola replied that the obligation in prior rounds was 207, broken down to 21 reasonable potential development number, and 176 units of unmet need.  In the third round, it calculates to 11 units, for a total of 33 plus the unmet need of 176.    Mr. Coppola again explained that he and Mr. Leckstein had attended a meeting with COAH representatives, in which it was determined that the tract of land in question, the Kalian property, is considered to be suitable for development, and will be considered as part of the plan to develop 33 units or, alternatively, will be required to be zoned to fulfill a portion of the unmet need. 

Mr. McGann stated that he felt the property originally was slated to be developed and rezoned to residential, which was opposed by residents, then COAH became involved and the Kalian property could now be used to satisfy the COAH obligations while fulfilling the developers original intent.  Mr. Coppola clarified that it didn’t happen that way, but rather the Borough received a review letter that made it obvious that COAH would consider the Kalian property as part of the Borough’s obligation, so it seemed COAH would consider this property to be part of the plan, and the Borough felt it prudent to do so.  Mr. Leckstein added that the plan submitted to COAH utilizes what they want to do with the benefit of meeting the Borough’s needs, and that it was better for the Borough to submit the plan by utilizing the Kalian property, instead of giving COAH the opportunity to include it in a way that might not best meet the Borough’s needs.    Mr. McGann then cited the Open Space plan and committee and the Borough Master Plan, which stated that there would be no further development in the area of the Kalian property, or that the Borough would acquire it for recreational and open space use. 

Greg Flanagan, WoodlandStreet, asked if the plan for vacant land adjustment accounted for 3% for recreation.  Mr. Coppola replied that yes, it was done.  Mr. Flanagan stated that certain members of the Planning Board had not read the Ordinance and considered if it is in compliance with the Master Plan.

Corcky Johnson, 71 Eastview Ave., asked how the Master Plan is changed.  Mr. Leckstein replied the Planning Board does that.  She then asked if this plan will set a precedent for the future, if another party could come in and do the same thing, or concrete over all the acreage available.

Mr. McGann then asked if the Fire Department had been consulted on this plan.  Mayor Castleman replied that they are always asked about any application and will be when the application is submitted to the Planning Board.  A discussion followed regarding the height of the houses.

Rosemary Brewer asked if the units at Club Way could be purchased and used for the COAH requirements, and the Borough could buy the Kalian property with open space money.  Mr. Coppola replied that the unmet need requirement is being ignored, and it will not go away.  He said the option was considered, but did not include the unmet need requirement.  Mrs. Brewer suggested the Borough fight the COAH requirements.  Mr. Coppola suggested that fighting these requirements could be detrimental to the Borough.

Mr. Newsome asked for an explanation of the COAH certification.  Mr. Coppola explained that COAH certifies the plan submitted by the municipality, and then grants a repose.  If the municipality adheres to the plan and works toward the plan, the municipality is held harmless for any lawsuit during the term of the repose, which in this Borough’s case, would go to December 31, 2013.  Mr. Newsome asked if this plan will meet all COAH requirements with no further obligation.  Mr. Coppola replied that COAH couldn’t require any further obligations until 2013.

Discussion followed regarding COAH and how other towns have handled the certification process.

Seeing no further comments, Mayor Castleman asked for a Motion to close the hearing.

Motion hearing be closed:         Mr. VanWinkle

Second:                                    Mr. Gilmour

Roll Call:

Affirmative:       Mr. Bitman, Mr. DeNoia, Mr. Galante, Mr. Gilmour,

Mr. VanWinkle           

Negative:          None   

Abstentions:      None

Mayor Castleman declared the hearing closed and called for a second reading.

Mr. Biehl introduced for second reading by title only:

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 16A, “LAND USE AND DEVELOPMENT ORDINANCE”, OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF LITTLE SILVER, COUNTY OF MONMOUTH, STATE OF NEW JERSEY (1973) AND SPECIFICALLY SECTION 10.1 REGARDING THE “LIST OF ZONES”, SECTION 10.2 REGARDING THE “ZONING MAP”, AND A NEW SECTION 10.20 REGARDING ZONING PROVISIONS FOR A NEW “ARAH” AGE-RESTRICTED AFFORDABLE HOUSING ZONING DISTRICT

Motion:            Mr. Galante

Second:            Mr. Bitman

Roll Call:

Affirmative:       Mr. Bitman, Mr. DeNoia, Mr. Galante, Mr. Gilmour,

Mr. VanWinkle           

Negative:          None   

Abstentions:      None

Motion to Adjourn:       Mr. Galante

Second:                        Mr. Gilmour

Roll Call:  Voice Vote - Ayes – Unanimous

The meeting was adjourned at 8:55 p.m.

                                                                                                                                                                                                                                                Michael D. Biehl                                                                                                                                   Administrator/Clerk

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Borough of Little Silver 480 Prospect Avenue, Little Silver, NJ 07739 732-842-2400 phone      732-219-0581 fax