Okay. >> All right. You're on record. >> We're on record. All right. The special meeting of the Township of Precipany Troy Hills Planning Board for Wednesday, December 24th, 2025. It's 10:30 a.m.
Announcement is made that adequate notice of this meeting has been given and that it is being conducted in accordance with NJSA 10:4-6 at SEC of the New Jersey Open Public Meetings Act. Or would you call the role please? >> Councilwoman Hernandez >> here.
>> Mr. Millie >> here. >> Mr. Matt >> present. >> Mr. Npalitano >> here. >> Chairman Dinsmore >> here. We also have our board planner Miss Winter. Our board engineer Mr. Kangiano. And our board attorney through phone conference uh Miss Brown.
>> Yes. Hello. >> Good. This meeting is Oh, pledge of allegiance. I pledge algiance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and
justice for all. >> All right, we'll [clears throat] start with this meeting is open to the general public. Is there anyone here who has anything to come before us that is not on our agenda? Hearing and seeing none, we have some resolutions that we'd like
to get done before the year ends. Uh let's see. We've got application number 25 col 515. Uh do I have somebody willing to move that resolution? >> Motion math. >> All right. Do I have a second? >> Second.
>> Uh nor would you call the role, please? >> Hernandez. >> Yes. >> Math. >> Yes. >> Politano. Yes. >> Dmore. >> Yes. Now we have uh application number 24 527. Sharab Sha, 76 Alexander Avenue.
Do I have somebody willing to move that application? >> Motion. Math. >> Second. >> Nor Hernandez. >> Yes. >> Math. >> Yes. >> Denmore. >> Yes. >> All right. Now we move on to the item on
our agenda. St. Christopher's Church, 1050 Littleton Road, block 166, lot 96, minor subdivision, courtesy review. All right. So, once we get the sound from the hallway to end here so
that our attorney can hear what's going on, uh, tell us what you're here for. >> Yes, Mr. Chairman. First of all, I apologize if I've had anything to do with bringing you out on uh, Christmas Eve. So, uh, my sincerest apology. So,
this is a courtesy review. The township is purchasing 10 acres from St. Christopher's Church, uh, to be used as open space. This is property that, uh, town was concerned could be developed eventually. So, we were able to work out a deal with the church to purchase 10
acres off the back. Uh, the courtesy review is we don't need the planning board's approval. We don't need a denial. We're just coming in to tell you that look, this is what we plan to do as the sovereign. Um I think there's some confusion because uh the Cox book, which I always felt was one of the best
treatises in New Jersey in any area of law. Um when Bill Cox wrote it, there was a whole section on courtesy reviews and spoke about how it goes back to the sovereign and the Magna Carta and those types of things. John Drill, who has been uh doing writing Cox's book and
doing the updates over the past like 10 years, for whatever reason, had decided to take that out and says there's there's no law on it. But this is like pretty much black letter law. The the D, for instance, when Green Acres buys property, they don't even come in for the courtesy review. You know, it's suggested. They just file the deed and
create the lot. So, I'm not just I'm not saying that to be like a tough guy and saying, "I'm going to close my briefcase and walk out." But but that's what it's about. as the sovereigns into the townships purchasing the property, we can subdivide it off. If the church ends up with a non-conforming structure or if
they see lot coverage, that becomes their problem. That's not the town's problem. That's not our problem. So, and and again, I'm not I don't mean to be dismissive, but that's what a courtesy review is. You know, we come in, the township comes in as a courtesy to the board, u because you folks are volunteers, you do a great job, and just
say, uh, this is what we're doing. I guess for lack of a better analogy, it's almost like when the school comes in, you know, and they're going to build an addition or a charter school comes in, they got to come in and explain to the board what they're doing, but at the end of the day, it's the state board that makes those approvals. Like, we really
don't have any control over this, the planning board. So, that's why I'm here. Um, and we're ready to close this thing this afternoon. So, >> um, Mr. Chairman, that's sorry, I may have missed this. Why is this a courtesy review? What a what entity is buying
this? The township the township. >> Could you please just enter? Could you please just enter your >> Michael B. Levery from the firm of Avery Salvace and Cohen representing the township of paran Troy Hills. >> Thank you. >> Sorry if I done that in the beginning
would have to ask that question. >> Just just the township space. >> So it's it's the township I so it's not the board of ed. It's the township. >> No no township. >> Yeah. I just just for my own education here. Um, once upon a time when I was in the board
of adjustment rather than on the planning board, I had an attorney who told me a courtesy review, which often occurs on the planning board, doesn't usually occur on the board of adjustment, that if the planning board were to find
that the uh proposal significantly undermine the master plan, that they could then have some sort of effect on the outcome. That's not a bad argument, but I totally disagree. So this is just because again it gets back to the reason
that it's done this way is because the township is the sovereign. Yeah. So >> basically in layman's [laughter] terms they can kind of do whatever they want when it comes to this stuff. Now that's not a bad argument if somebody wanted to challenge that and say well you know we think it impair but at the end of the
day uh 10 acres of open space to keep it out of development. I I don't know that that argument would be successful even if you had a judge that didn't understand what it could do. >> So, >> okay. Just just academically, I'd like to know these things. >> Mr. Chairman,
>> do you know if any like roads are going to be built in and out of this? >> No. >> Do you know if how it's going to be how roped off or marked off? >> No. >> No trespassing signs, things of that nature? >> Not at this point. No. In the town, we just um >> you know, like it I said, we're closing
on this today. It's just that the opportunity came to the town and there's been some talk about development in that area before. So, the town wanted to purchase the 10 acres. So, I imagine there are going to be signs put up by the town after we uh obviously we couldn't put anything up until we close on this this afternoon, but uh I'm sure
the town will do whatever it normally does when it purchases property. >> And by closing, you mean today the town takes ownership of that these 10 acres? >> Yes. So these are [clears throat] additional 10 acres to than from the other open space that was bought before.
>> Well, no, this is the 10 acres that you approved some time ago. Yeah. Yeah. So they're left with uh it's a 23 acre track. So the church is left with about a little under 13 acres. >> Okay. >> 126. So, we're subdividing >> we're subdividing that back 10 acres off
that 23 acres. So, that nice square on the >> first page of the plan, that's what the council is getting. >> Okay. >> And that's in accordance with the ordinance that that council had passed. >> Is this your presentation or you have
>> That's my presentation, >> Mr. Chairman. >> Mr. Really? >> Uh, so the lot is essentially landlocked. Yes. >> It's not accessible from a road or a street. >> That's my understanding. >> Would that be an issue in the future? >> No, because there's a uh there's
actually a case and it it escapes me. It's probably 50 years old now, but it's called the spoke of the wheel theory. So, you can't have Yes, there are landlock lots, but whoever landlocked you last owes you an easement to the property. So, um and I this goes back
tax court 35 years ago. Somebody tried to argue that the property was worthless, but it's and again I I wish I could remember the the sight of the case, but the theory is the spoke of the wheel. So, whoever cut you off from your easement last is the one that will have to provide.
>> Well, according to this survey, there is a 50ft easement or rightway between two properties that from um from Dolly Drive. >> Yeah. I don't know. You know what it says?
In which case, if it was a township, then you got zero issue. I was going to take issue that that was only going to benefit one property owner. So, >> yeah, I thought there was nothing in there. No record. I think it's on the tax map, but they can't find any title that uh
>> didn't as part of the survey, the surveyor have to pull the deeds for the two the uh two properties on either side of it. >> Yeah. But he there's nothing there's no reference to that in the deeds. That's what the survey says. Yes, >> there's it's on the tax map.
>> So, that's >> okay. >> I'm have our title company's insuring the 10 acres. So, >> Gordon, we we we have the old application that Van Clee did a plan for back in 2020, but this was was going to
be a I think an assistant living development >> and those plans show it seem to indicate it and it's very unclear. The language is very unclear and you know what the intent is and all that stuff. But it looks like it's probably a an easement to the benefit of the school property
and not to the town because there's another easement shown on there, a town utility easement. So you wouldn't you wouldn't need a town utility easement if you had the 450 >> full 50 foot rideaway easement. I think the point is that um you're you're
you're you're stating that it is landlocked and that there that is not a town right away and >> that's my understanding. >> Yeah. And that's that's what it seems to be and I think that could be a point of discussion for hours and hours with legal teams uh trying to figure that
out. But um but to that point um my only question is typically open space you have you you should be allowing it allows passive recreation people to walk on it and the question comes to how do they get to the property if if if they
don't have access but um if that spoke with the wheel case has has merit and that or the school wants to grant access through through that 50oot ement or what or 50oot rightway I guess is um >> subject confused >> to the future, but >> Well, isn't that P for Sipony Hills
right behind it? >> Yes. >> Yeah. >> So, something could be worked out. >> I'm sure they can. >> And open space could just be for conservation, not necessarily for access. >> Okay. Okay. It's a good point, D. Yeah. Um
there are no variances created by this application with the exception of potentially the frontage, but um the the church would be a conforming lot um after the subdivision and is consistent with the master plan and the spaces
already designated for public and nonprofit use. So we can declare that this that this application is not inconsistent with the master plan. >> I I would say yes. >> All right. Just
>> do we know if uh the church property uh so I guess um if that be west of the building uh and then where where the new property line is going to be for the town. Would would they be able to build anything in between there or would is uh not not east. Is there a certain setback
that has to be >> for part of this? >> They'll still Yeah. All of the setbacks are going to still have to the church is going to be left with what they're left with and then any approvals they're going to have to come before you folks, you know, or the zoning boards. >> All right. So, nothing's included in in this one here. No, they can't build
within 100 ft and there's nothing there right now. >> They want to build a shed there. If it invades us, they got to come. >> They got to come. They got to notify everybody and and to feed the whole thing. >> This is just we're buying 10 acres of their property. They're still subject to all the zoning requirements of the town. So, okay. Anything they're going to do, they're going to have to comply with
their zoning. >> All right. So, we're we're just here approving not the purchase, the fact that it's the subdivision. >> No, we're we're finding that the subdivision is not >> subdivision is not inconsistent. >> This is this is just the master plan
consistency review. Um, and then however the township wants to deal with the subdivision, that's the township's decision. Um, and how they
want to record it and get title insurance for for the subdivision, but this is just a courtesy review for the consistency with the master plan. >> Thank you. That concludes my presentation. So that concludes your presentation. Is there
anything? >> Just for the record that from what was going to be put here, the developers years ago wanted to purchase this property uh and buy another a homeowner's house, make that the driveway and add 150 and some odd units including assisted living facility. So
this is music to anyone's ears of losing the area around Dolly Drive that the town is purchasing this as green space. So in my opinion, this is tremendous great news and happest not inconsistent with the master plan. All right. Is there anybody in the public that wishes to speak either in
favor or opposition of this application? Hearing and seeing none. Any questions from somebody in the public? I forgot to ask for that. Hearing and seeing none, we made your presentation. This closes the evidentiary part of tonight's or this afternoon's this
morning application. >> And Mr. Chairman, if I might, even though we're not required to get approval, I you know, I would ask if the board's so inclined to get a because look, the town appreciates that we will be doing. Okay. Thank you. >> Yes, we're going to I'm going to ask if
there's a motion to find that that this application is not inconsistent with our master plan. >> Thank you. >> I'll make a motion. >> Mr. Npalitana, thank you very much. Who's second? >> Second, math. >> Nor, would you call the role, please? >> Hernandez.
>> Yes. Millie, >> yes. >> Matt, >> yes. >> Napoleono, >> yes. >> Yes. >> Thank you very much. >> And the result. >> Good luck at the closing today. >> You weren't going to miss this meeting. >> Enjoy your is there anything else that needs to
come before this meeting at this time? >> Seeing none, Marina, I guess. Thank you very much. >> Merry Christmas to everyone and happy new year. Happy New Year, >> Mr. Chairman. you tomorrow.
>> Can I make a statement? >> What? I don't know what day today is. >> May I have your attention? >> Since we have a new mayor in the offing, I want to thank you, Mr. chairman for the last several