Clark Township Planning Board Approves Minor Subdivision at 7 Akin Drive

The Clark Township Planning Board on Nov. 6 approved a minor subdivision application by Primavera Parkview LLC to split 7 Akin Drive (Block 21, Lot 17) into two single-family lots.

The application, continued from the board’s Sept. 4 hearing, drew testimony that the principal, Joseph Fonseca, and the affected neighbor had executed a written agreement resolving a previously disclosed encroachment on a driveway easement. Attorney Gary Goodman told the board the applicant also filed a revised grading and landscaping plan and would have engineer and planner witnesses available to answer remaining questions.

At the hearing, sworn testimony from Fonseca confirmed the property is roughly 35,766 square feet and that the revised subdivision will create two conforming single-family residential lots. Engineer Philip Daniele described drainage and grading clarifications in a revised plan, including a proposed reduction in a roof-leader pipe from 6 inches to 4 inches on the relevant parcel and measures to direct roof runoff to the street catch basins. Planner Anthony Gallerano testified the two resultant lots meet the RR-150 zoning bulk standards and that the proposal is an "as-of-right" subdivision requiring no variances; he said the average front-yard setback used for siting the houses is 62.7 feet.

Board members pressed the applicant on the easement and maintenance. Fonseca stated the Bornsteins, the adjoining property owners who hold the easement, agreed in writing to maintain the portion of the driveway that lies within the easement and that pavement within the easement will be removed where it will no longer serve the new house.

Daniele reviewed landscaping revisions offered to address neighbor concerns: the applicant proposed green‑giant arborvitae (planted 6–8 feet tall) in closer spacing, additional buffering between the lots and a recalculation of the tree-replacement requirement. The applicant said it would either plant the quantity required by ordinance or pay into the township’s tree replacement fund; the engineer noted the current submittal proposes nine replacement trees while the ordinance requires 28 and acknowledged an estimated fee of $4,750 if the difference is paid rather than planted on site. The board asked the applicant to revise the landscape plan and recalculate the replacement obligation consistent with the ordinance.

Several neighbors spoke during public comment with concerns about stormwater, tree removal and neighborhood character. Resident Neil Anderson questioned whether the project should be treated as a "major development" under state guidance; the applicant and engineer explained the combined lot coverage is under the New Jersey threshold for major development and that the site’s drainage design channels stormwater into existing street catch basins.

After deliberation the board member moved to approve the subdivision; the roll call recorded the following affirmative votes: Mayor Albanese; Ullrich; Councilman Menoney; Trello; Steinberg; Gronkowski; Gerstner; and Cecil. The board chair announced the application approved. The approval incorporates the applicant’s on-the-record commitments — including the easement agreement, required landscaping revisions and compliance with the engineer’s comments — and directs the applicant to supply the agreed revisions for compliance review prior to memorialization of the resolution.

The board’s action was recorded as an approval subject to conditions described on the record, including completion of the landscaping revisions or payment to the tree replacement fund and implementation of drainage plan clarifications. No amendments to the subdivision were made at the hearing.