Planning board approves Toll‑linked site plan with new hold‑harmless condition; residents press for wetlands notice details

The Fairfield Planning Board voted to memorialize a preliminary and final major site plan and major subdivision for an application tied to the Toll Brothers project at 100 West Greenbrook Road and approved the board’s 74‑page resolution as amended.

The board added an 85th condition that requires the applicant, before starting site work or receiving a building permit, to provide proof of ownership or an executed hold‑harmless and identification agreement in favor of Fairfield Township and its municipal entities to protect the township from claims or costs arising from a pending court challenge to ownership (docket ESX‑L2424‑26). The board said the language was agreed with the applicant and will be included formally in the resolution document.

The addition was read into the record and then approved by roll‑call vote. A motion to approve the revised resolution ‘‘as amended’’ passed by the board; the motion text was recorded in the meeting minutes and the resolution will be signed and then made available through the township engineering office and, officials said, electronically.

During the public‑comment period, residents of the adjacent Sterling Green neighborhood pressed the board for access to the resolution conditions and for help understanding a set of certified letters some homeowners received from Trident Environmental. ‘‘One of the reasons we need that is I don’t know if you were aware, but some of the residents of Sterling Green received a certified letter from Trident Environmental,’’ said resident Gary Rizzo, who asked when the 83 (now 85) conditions would be made public.

Town staff and board members said the updated resolution will be posted or available at the engineering office after signatures are added. They encouraged residents to request a copy from the engineering office; the board said a signed, final copy would likely be available the next business day and that electronic delivery is possible for a 74‑page document.

Residents also sought clarification on whether Trident’s letters related to contamination or to wetlands mapping. A municipal official identified in the transcript as Mike explained the letters are part of a request for a letter of interpretation (LOI) to delineate wetlands, transition areas and flood hazard areas on a set of ancillary properties surrounding the main Toll application site. ‘‘It’s exactly what was done for the main property…here’s where we think the wetlands are, D. You tell us if you think they’re there, too,’’ the official said, describing the LOI as a delineation step that helps developers establish wetland limits before permitting.

Resident Dennis Locknatada said the LOI is intended to define wetlands for permitting and is not a cleanup notice: ‘‘This is saying we’re looking to define those wetlands the same way we defined the other wetlands so that when we go into D for our approvals for the overall project we can do it with all of the sites,’’ he said.

Board members explained why some residents received certified letters while others did not: developers must notify property owners identified on a certified list from the tax assessor’s office and may rely on that list for required mailings; postal delivery variability can also lead to inconsistent receipt. The board emphasized the LOI process itself does not authorize development; it documents where wetlands and flood‑hazard boundaries are for future permitting.

The board said the added hold‑harmless condition is intended to protect the township and its boards should the pending ownership litigation affect title or contracts; it does not alter the substance of the LOI or change how wetlands are delineated. The signed, amended resolution will be part of the public record at the engineering office once finalized.

The meeting closed by voice vote; members and attendees exchanged holiday greetings at adjournment.