Attorney: Bad weather causes hearing holdup

Staff Writer

JACKSON — The attorney representing a development application that has been before the Planning Board since 2004 said a recent stretch of bad weather prevented professionals from visiting the subject property to gather specific information the board requested.

Attorney Denis Kelly represents the applicant, Michael Rottenberg. The plan calls for a five-lot subdivision with four building lots and a detention basin on a 10.5-acre parcel on Clearstream Road, just east of Brewers Bridge Road.

The application was before the board on Feb. 7.

“As the board will recall, we were here [late in 2010] and the board wanted some specific answers as to the tree plan and tree location, and because of the weather, there has been frost and snow on the ground for a month at this point,” Kelly said. “We haven’t been able to get out to the site and do a survey of trees and meet with the forester. We just haven’t been able to do that.”

Kelly asked the board to carry the application.

Board member Dan Burke was not pleased with that request.

“I question the sincerity of this applicant. We’ve played around with this application for years,” Burke said. “I’m getting tired of looking at this thing. I think this application has a longer tenure on this board’s calendar than I have on this board. It’s getting old, real old. They are not responsive to the code, and I’m tired of this.”

Kelly said he wanted to proceed the last time he was before the board, but the board wanted more information about trees, a road and curb locations. He said the combination of the bad weather and the snow that has remained on the ground has prevented the field observations from being done.

He said his professionals have told him they can get the work done and be ready to go at the board’s April 18 meeting.

The board agreed to carry the application to April 18.

“This is it,” Chairman Todd Porter said. “No complaints about rain.”

Township Councilman Ken Bressi, who sits on the board, voted no on a motion to carry the application to April.

Bressi said he voted no “based on the fact that the application just keeps going on and on and on. The reason I am putting in a no vote is to establish that this board will not tolerate it again. So, I want at least one no vote there.”