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Montgomery planning board grants PSE&G waiver to split 7.1-acre site for future substation
Summary
The Montgomery Planning Board approved a submission-waiver request from PSE&G that lets a minor subdivision proceed to create a 7.1-acre parcel (Lot 26.01) for a future substation, provided wetlands Letter of Interpretation and board-of-health approvals are obtained as conditions before site-plan approval; the motion passed with one abstention.
The Montgomery Township Planning Board voted to grant a submission-waiver request from Public Service Electric & Gas Company so the utility can create a separate 7.1-acre lot from a roughly 105-acre parcel and move forward toward site-plan review for a proposed substation.
Joe Papparo, an attorney for PSE&G, told the board the two waivers concern procedural sequencing for a minor subdivision at 161 Trent Place (Block 4001, Lots 26 and 28). He said the waivers would allow the applicant to record the subdivision and then, as conditions of approval, obtain a wetlands letter of interpretation (LOI) and board-of-health approvals before returning for site-plan review.
Neil Peishalla, a PSE&G project manager who was sworn in to testify, said the company has performed soil borings and a wetlands delineation for the portion proposed as Lot 26 and that "PSENG has delineated wetlands on and surrounding Lot 26," but that an LOI cannot be issued by the New Jersey Department of Environmental Protection for a portion of a larger parcel. He said, "We intend to submit and obtain an LOI for the lot in which we are purchasing proposed Lot 26.01" once the legal lot exists.
Board members pressed the applicant on future uses of the larger retained parcel, the accuracy of wetlands mapping, and whether recording conditions would protect the township and future purchasers. A board member asked whether creating the lot could create a later hardship for a purchaser; board counsel and the applicant said any future development of the remaining 97 acres would still require required permits and approvals and that the subdivision resolution would be recorded to put future purchasers on notice.
Chairing members confirmed the applicant would be required to pursue LOI and health-department approvals as conditions in the subdivision resolution and that any site construction would still require site-plan approval. After discussion, a motion to grant the submission waivers passed on a roll-call vote; the transcript records one abstention by Roberts and the rest of the recorded votes as affirmative.
The applicant must still file the formal subdivision application and then apply for site-plan approvals and the LOI and board-of-health approvals required by the condition. PSE&G representatives said they will return to the planning board for the subdivision hearing and later for site-plan review.
Outcome and next steps: the board granted the submission-waiver requests with the condition that LOI and board-of-health approvals be provided as required by the subdivision resolution; the applicant will return with the subdivision application and then for site-plan review.
