Developer, foes differ on meaning of Ringwood code

Wednesday, July 16, 2003
By JAN BARRY
STAFF WRITER

RINGWOOD - How many homes with wells and septic systems can safely sit on a rocky mountainside?

The answer usually comes from a municipal code that regulates development of such steep slopes. But the interpretation of that land use code has become a major focus of Planning Board hearings on developer Jack Levkovitz's application to construct 39 houses on West Brook Mountain.

Levkovitz is already building 28 houses on lower slopes off Burnt Meadow Road. An adjacent tract where he wants to build more houses rises sharply to the boundary of Norvin Green State Forest in West Milford.

Objectors include Skylands CLEAN, the ecology group, which wants the rugged forest tract preserved as open space.

Adding complexity to the debate, details of the single-family housing plan have changed twice since last fall. A board approval in January was rescinded when it was found that the wrong block and lot numbers were advertised. And various experts have testified that the tract is roughly 166 acres or 164 acres.

In response to questions at Monday's hearing, borough officials acknowledged that Ringwood's steep slope regulation has a flaw. Acceptable building lots are limited to a 20 percent grade on average. The municipal code, however, doesn't spell out how to measure a proposed lot's average slope in craggy terrain.

Levkovitz's experts testified that all of the proposed lots meet Ringwood's requirements. An environmental expert testifying for Skylands CLEAN maintained that, by using another calculation method, nine of the lots exceed the 20 percent limit. A 20 percent grade is a 1-foot drop for every 5 feet of horizontal distance.

John Thonet, a professional planner and environmental scientist hired by Skylands CLEAN, also testified that by his calculations at least four proposed lots are too steep to allow driveways under Ringwood's limit of a 12 percent grade - about one foot of drop every 8 feet.

Thonet said at a previous meeting that, based on state environmental guidelines designed to protect water supplies, the tract could potentially support 24 building lots at most.

Board Engineer Edward Haack testified that he used his own method to determine that all of the proposed lots are acceptable.

That statement set off requests by objectors and board Vice Chairman Brad Wiley for copies of the calculations done for Levkovitz.

Board Attorney H. Shepard Peck ruled that Levkovitz should provide only the information on lots disputed by objectors.

"Is there an ordinance on slope calculations?" asked Joseph Conte, an attorney for Skylands CLEAN.

"No," Haack said. "You have to use your judgment to decide how many of these calculations to make." Haack explained earlier that he measures what he considers to be representative changes in topography within proposed lot lines.

Acknowledging that the municipal code is not clear on this point, Peck said, "The problem is: Our ordinance does not specify a methodology for getting the average steep slope."

When the meeting ended just before midnight, a small crowd of objectors and several experts hired by Levkovitz were poised for another face-off when the hearing continues July 28.

E-mail: barry@northjersey.com

Copyright © 2003 North Jersey Media Group Inc.