Last modified on August 6th, 2024 at 9:46 pm

 

Requestor:  County of Atlantic

Restricted Property:

Lake Lenape Park

Block 587, part of Lots 38 and 55

Township of Hamilton, Atlantic County

Description of Release Request:  

In accordance with the New Jersey Conservation Restriction and Historic Preservation Restriction Act, N.J.S.A. 13:8B-1 et seq., the New Jersey Department of Environmental Protection has received a request from Atlantic County to approve the partial release of a 1999 Declaration of Restrictive Covenant (1999 Deed Restriction) to allow the reconfiguration of an existing 120-foot long (916 square feet) L-shaped dock located on Block 587, Lots 38 and 55 (p/o), within the County’s Lake Lenape Park in Hamilton Township, Atlantic County, for public safety reasons.  The County proposes to replace the L-shaped dock with two new floating docks to be located within a 300 foot by 200 foot (1.39 acre) development envelope located on Lake Lenape proximate to a County boathouse. As compensation, the County proposes to prohibit development on a different 300 foot by 200 foot (1.39 acre) portion of Lake Lenape and relinquish its approval to develop a dock in that location.

The lifting of the Deed Restriction from a portion of the Property constitutes a “release” of those restrictions under the Conservation Restriction Act.  Under N.J.S.A. 13:8B-5, the County and the Pinelands Commission, as parties to the 1999 Declaration, are required to conduct a public hearing on the proposed partial release.

Under N.J.S.A. 13:8B-6, the approval of the Commissioner of Environmental Protection is required for the proposed partial release.

Background

The 1999 Deed Restriction prohibits development on Lake Lenape except for specific areas listed in a 1998 Memorandum of Agreement (1998 MOA) between the County and the Pinelands Commission. Pursuant to the 1998 MOA, the County was required to place a deed restriction on 1,822 acres on and surrounding Lake Lenape in Hamilton Township, Atlantic County. In exchange, the Commission agreed to allow certain improvements to specifically defined areas on the western shore of Lake Lenape, as set forth in the details of the 1998 MOA.

Two improvements authorized by the 1998 MOA were a 20-foot partially-submerged boat ramp and an adjacent 120-foot L-shaped dock, both proximate to a boathouse building. In 2019, representatives from the County and the Commission met to address safety issues with the size and location of the L-shaped dock.

On June 14, 2023, the County and the Commission executed an Amendment to the 1998 MOA.  The 2023 Amendment acknowledges that the County intends to amend the 1999 Declaration by removing the existing L-shaped (916 sq ft) dock and replacing it with two new floating docks measuring 300 sq ft and 1,820 sq. ft., to be situated in a 300 foot by 200 foot (1.39 acre) development envelope on Lake Lenape. The new development envelope will be located adjacent to a developed portion of the western shore of Lake Lenape that includes a boathouse, parking and boat ramp.  As compensation, the County proposes to amend the 1999 Deed Restriction to restrict development and preserve an equivalent 300 foot by 200 foot (1.39 acre) on a different portion of Lake Lenape and to relinquish its approval under the 1998 MOA to develop a dock there. The new easement area is currently undeveloped and undisturbed area of Lake Lenape Park.

The Property is located within the Pinelands Preservation Area.

Related Documents:  

Background documents on this matter may be found at:  https://www.atlanticcountynj.gov/planning/NJDEP-Public-Notice

Hearing Date/Time:  August 21, 2024 at 6:00 PM

Hearing Location:  This hearing will be held online.

Hearing Information:  

The public hearing will be conducted remotely and broadcast live on the Pinelands Commission’s YouTube channel.

To view the hearing live, please visit: https://www.youtube.com/live/4UwKR5ZNmBs?feature=shared 

To provide public comment during the hearing, please call (929) 205-6099 and use Meeting ID 831 0036 8051

Public Comments Accepted Through:  September 4, 2024

The Department invites the public to attend the public hearing and present comments on the requested release.  Written comments on the proposed release may also be submitted by September 4, 2024 to:

New Jersey Department of Environmental Protection
Office of Transactions and Public Land Administration
Public Land Compliance Section
PO Box 420
Mail Code: 401-07
Trenton, New Jersey 08625

Email:  PublicLandCompliance@njdepwptest.net

County of Atlantic
Attn:  Department of Law, Assistant County Counsel Arthur J. Murray
1333 Atlantic Avenue, 8th floor
Atlantic City, New Jersey 08401

Email:  Murray_Arthur@aclink.org

Emailed comments are preferred.  Please put “CRR0112002 Lake Lenape Pinelands” in the subject line of your email.

Last modified on June 5th, 2024 at 6:01 pm

 

Requestor:  Douglas and Lucille Carman

Restricted Property:

Block 22, Lot 40

City of Estell Manor, Atlantic County

Description of Release Request:  

In accordance with the New Jersey Conservation Restriction and Historic Preservation Restriction Act, N.J.S.A. 13:8B-1 et seq., the New Jersey Department of Environmental Protection and the City of Estell Manor have received a request for a partial release of a Deed Restriction for Threatened and Endangered Species.  The Deed Restriction was granted to the Department and the City in 2007 by Joseph L. Reale, II, predecessor in title to the current owners, Douglas and Lucille Carman.  The Deed Restriction was required to be conveyed to the Department and the City as a condition of the approval by the Pinelands Commission of the development of a single family dwelling on Block 22, Lot 40, a 4.9-acre lot in the City of Estell Manor, Atlantic County (the Property).  (Pinelands Application #2006-0275.001)  Under the 2007 Deed Restriction, 3.938 acres of the Property were restricted from future development, including tree clearing.

As a result of enforcement action taken by the Pinelands Commission to address unauthorized tree clearing on a portion of the Property covered by the Deed Restriction and the adjacent property (Block 22, Lot 39), the Carmans have now requested that the Department and the City release the area of unauthorized clearing from the Deed Restriction on Block 22, Lot 40.  As mitigation for this request, the Carmans will deed restrict four acres of Block 22, Lot 39 and implement a replanting plan approved by the Pinelands Commission on Block 22, Lot 40.

The lifting of the Deed Restriction from a portion of the Property constitutes a “release” of those restrictions under the Conservation Restriction Act.  Under N.J.S.A. 13:8B-5, as the holders of the Conservation Restriction, the Department and the City are required to conduct a public hearing on the proposed partial release of the original 2007 Deed Restriction prior to making a final determination on this request.

Under N.J.S.A. 13:8B-6, the approval of the Commissioner of Environmental Protection is also required for the proposed partial release.

Related Documents:  

April 24, 2007 Deed of Conservation Restriction

May 23, 2023 Violation Letter

Letters Issued by the Pinelands Commission to the Carmans (August 2023 through February 2024)

Hearing Date/Time:  June 5, 2024 at 6:00 PM

Hearing Location:  This hearing will be held online.

Hearing Information:  

The public hearing will be conducted remotely and broadcast live on the Pinelands Commission’s YouTube channel.

To view the hearing live, please visit:  https://www.youtube.com/live/5BkPElTVmiQ?feature=shared

To provide public comment during the hearing, please call (929) 205-6099 and use Meeting ID 849 3628 2478

Public Comments Accepted Through:  June 19, 2024

The Department invites the public to attend the public hearing and present comments on the requested release.  Written comments on the proposed release may also be submitted by June 19, 2024 to:

New Jersey Department of Environmental Protection
Office of Transactions and Public Land Administration
Public Land Compliance Section
PO Box 420
Mail Code: 401-07
Trenton, New Jersey 08625

Email:  PublicLandCompliance@njdepwptest.net

and

Lisa Marcolongo, Administrator/City Clerk
148 Cumberland Avenue
Estell Manor, NJ  08319

Email: cityclerk@estellmanor.org

Emailed comments are preferred.  Please put “CRR0109001 Carman Pinelands” in the subject line of your email.

 

Requestor:  Stockton University

Restricted Property:

Various Lots on the Stockton University Campus

Block 645, Lots 3, 5 and 6

Block 663.01, Lot 55.27

Block 681.01, Lot 10

Block 875.04, Lots 1.01, 1.02, 1.03, 1.04, 1.05, 1.06, 1.07 and 1.08

Block 42, Lots 38, 93, 93.01, 94 and 94.01

Township of Galloway, Atlantic County

Description of Release Request:  

The New Jersey Department of Environmental Protection has received a request for a partial release of a Deed of Conservation Restriction.  The Conservation Restriction was granted to the Department by The Richard Stockton College of New Jersey (now Stockton University) on October 7, 2010 as a condition of the approval by the Pinelands Commission of the April 2010 Master Plan for the University.  Under the Conservation Restriction, about 1232 acres of land owned by the University were restricted from future development.  Of these lands, 1005 acres are located on the University campus and 227 acres are located off the University campus.

The boundaries of the deed restricted area were established in the 2010 Conservation Restriction using a color-coded exhibit that was part of the 2010 Master Plan. However, as the Pinelands Commission’s and the University’s facilities staff began to research the base maps that were used for the creation of the exhibit, it became clear that the exhibit lacked the level of accuracy required to determine the precise boundaries of the deed restricted lands at the Galloway campus.  In turn, this lack of accuracy was an impediment to implementing improvements to existing infrastructure that are critical to the University’s operation.  In order to address these issues, the University and the Pinelands Commission have now agreed to changes to the April 2010 Master Plan and corresponding modifications of the areas restricted under the Conservation Restriction.

The proposed modification will remove restrictions from approximately 33.001 acres of land currently restricted under the Conservation Restriction and impose those restrictions on approximately 35.345 acres of presently unrestricted lands.  Overall, the modifications to the Conservation Restriction will result in a net gain of approximately 2.344 acres of deed restricted land.

The lifting of restrictions from lands owned by the University constitutes a “release” of those restrictions under the Conservation Restriction Act.  Therefore, in accordance with N.J.S.A. 13:8B-5, the Department, as the holder of the conservation restriction, will be conducting a public hearing on the proposed partial release prior to making a final determination on this request.

Under N.J.S.A. 13:8B-6, the approval of the Commissioner of Environmental Protection is also required for the proposed partial release.

Related Documents:  

August 30, 2010 Pinelands Commission Report on the Stockton College April 2010 Master Plan

September 20, 2010 Pinelands Commission Resolution Approving Stockton College’s April 2010 Master Plan

October 7, 2010 Deed of Conservation Restriction

May 19, 2022 Pinelands Staff Memo to CMP Policy and Implementation Committee

November 2022 Map Set Showing Current and Proposed Restricted Lands

Hearing Date/Time:  June 3, 2024 at 6:00 PM

Hearing Location:  This hearing will be held online.

Hearing Information:  

The public hearing will be conducted remotely and broadcast live on the Pinelands Commission’s YouTube channel.

To view the hearing live, please visit:  https://www.youtube.com/live/5BkPElTVmiQ?feature=shared

To provide public comment during the hearing, please call (929) 205-6099 and use Meeting ID 846 9922 3567

Public Comments Accepted Through:  June 17, 2024

The Department invites the public to attend the public hearing and present comments on the requested release.  Written comments on the proposed release may also be submitted by June 17, 2024 to:

New Jersey Department of Environmental Protection
Office of Transactions and Public Land Administration
Public Land Compliance Section
PO Box 420
Mail Code: 401-07
Trenton, New Jersey 08625

PublicLandCompliance@njdepwptest.net

Emailed comments are preferred.  Please put “CRR1101002 Stockton University” in the subject line of your email.

 

Click Here for Full Public Hearing Notice

Requestor:  County of Monmouth

Restricted Property:

Lakewood-Allentown Road

Block 42, Lots 38, 93, 93.01, 94 and 94.01

Township of Howell, Monmouth County

Description of Release Request:  

The New Jersey Department of Environmental Protection has received a request from Monmouth County for a partial release of an open space deed restriction on County-owned land that was created as a condition of the December 22, 1995 Settlement Agreement  by, and between, the County of Monmouth, the NJDEP, Waste Management, Inc. and Waste Disposal Inc., related to a capped landfill in Howell Township, Monmouth County.  The deed restriction is contained in the deed by which the County acquired the former landfill from Waste Disposal, Inc.

The County has requested a partial release of the conservation restriction to allow for the development of facilities that produce electrical energy from wind, solar, photovoltaic, or other technologies on a portion of the surface of the capped landfill, which requires development in areas on the surface of the landfill that would otherwise be prohibited pursuant to the terms of the conservation restriction.  On November 25, 2019, the Department’s Bureau of Solid Waste Permitting informed the County that it does not object to the request for a partial release of the conservation restriction in the context of the original settlement agreement but advised the County that it would be necessary to obtain all other permits and approvals for its project.  On April 20, 2020, Waste Management of New Jersey and the County executed a Declaration of Partial Release of Deed Restriction to memorialize their mutual agreement, as parties to the original settlement agreement and the deed conveying the former landfill to the County, to removing the deed restriction from a portion of the former landfill.  The Township of Howell also signed the 2020 Declaration of Partial Release in its capacity as a party, with the County, in an interlocal service agreement related to the former landfill.

The NJDEP was a party to the original settlement agreement but not the 2020 Declaration of Partial Release.  However, under the Conservation Restriction and Historic Preservation Restriction Act, N.J.S.A. 13:8B-1 through -9, the NJDEP Commissioner has oversight over all conservation restriction releases, whether the NJDEP is a party to the restriction or not, and a public hearing is required before the Commissioner can approve the partial release.  On June 16, 2022, the County filed a formal request with the NJDEP for the partial release of the conservation restriction.

In accordance with N.J.S.A. 13:8B-5, the County will be conducting a public hearing on the proposed partial release in Howell Township  at the time and in the location listed below.

Additional information about the proposed project may be found on Howell Township’s website at:

Related Documents:  

June 16, 2022 Request for Partial Release of Conservation Restriction

April 20, 2020 Partial Release of Deed Restriction

Howell Township Planning Board Application Document Distribution Sheet #1

Howell Township Planning Board Application Document Distribution Sheet #2

Howell Township Planning Board Application Exhibit List (includes maps of the proposed solar project)

Hearing Date/Time:  February 27, 2023 at 6:00 PM

Hearing Location:  

Howell Township Municipal Building
4579 U.S. Route 9
Howell Township, NJ 07731

Public Comments Accepted Through:  February 27, 2023 [see public notice linked above for contact information]

 

Click Here for Full Public Hearing Notice

Requestor:  Township of Hanover, Morris County

Restricted Property:

801-849 Route 10 East (Block 4001, Lots 12, 13 and 14)

Township of Hanover, Morris County

Description of Release Request:  

The New Jersey Department of Environmental Protection has received a request from the Township of Hanover to modify a trail easement it holds as part of the Patriot’s Path.  Realignment and modification of the trail easement is needed as part of the development of the Hanover Towne Center project under a redevelopment plan approved by the Township.

As compensation for the proposed release and easement modification, the Township and the developer have agreed to relocate and expand the Patriot’s Path public access and conservation easement within the same redevelopment site.  The current easement covers 0.84 acre of land.  The new easement will restrict 1.04 acres of land, and will include a pocket park.  In addition, the new easement location will enable a safe pedestrian crossing from the Path across Route 10 at a signalized intersection.

A public hearing on the proposed release, and the associated minor diversion of Green Acres encumbered parkland, will be conducted as set forth below.  Additional information about this request may be found under the “Township News” on the homepage entitled “Hanover Towne Center–Green Acres Disposal” at www.hanovertownship.com.

Hearing Date/Time:  January 12, 2023 at 7:00 PM    [Snow Date:  February 9, 2023 at 7:00 PM]

Hearing Location:  

Hanover Township Municipal Building
1000 Route 10
Whippany, NJ 07981

Public Comments Accepted Through:  January 27, 2023 [see public notice linked above for contact information]

 

Click Here for Full Public Hearing Notice

Requestor:  269 Wyckoff Mills Road Urban Renewal, LLC

Restricted Property:

269 Wyckoff Mills Road (Block 12, Lot 2)

Township of East Windsor, Mercer County

Description of Release Request:  

The Delaware and Raritan Canal Commission has received a request from 269 Wyckoff Mills Road Urban Renewal, LLC for a partial release of a Conservation Easement due to planned development at 269 Wyckoff Mills Road. The Conservation Easement was granted by 269 Wyckoff Mills Road EW3, LLC to the Commission on May 24, 2018 and applies to the property listed above. The property was required to be restricted as a condition of Commission approvals for the proposed development of the property. As holder of the Conservation Easement, the Commission is required to conduct a public hearing on the proposed partial release prior to making a final determination on this request.  Under N.J.S.A. 13:8B-6, the approval of the Commissioner of the Department of Environmental Protection is also required for this release.

Note:  The Millstone Township property listed in the public hearing notice is associated with off-site mitigation for this release request and is not the subject of this request.

Hearing Date/Time:  September 21, 2022 at 9:30 to 10:00 AM (just prior to the Commission’s regularly-scheduled monthly meeting)

Hearing Location:  

The hearing will be held remotely.  Information about how to join the hearing may be found at:  https://www.nj.gov/dep/drcc/meeting-info/upcoming-notice/

Public Comments Accepted Through:  September 16, 2022

 

Click Here for Full Public Hearing Notice

Requestors:  Kristin Conover and Kirk Conover

Restricted Property:

7517 Fourth Avenue (Block 31, Lot 1)

Township of Hamilton, Atlantic County

Description of Release Request:  

The New Jersey Department of Environmental Protection and the Township of Hamilton have received a request for a partial release of a Deed Restriction for Threatened and Endangered Species (Deed Restriction) originally created as a condition of approval by the Pinelands Commission for single family home construction. The Deed Restriction was granted by Thomas McGrath, III and Barbarajean McGrath, prior property owners, in favor of the NJDEP and the Township on September 10, 2007 and applies to the tax lot listed above. As a condition of the construction of a single family residence on the subject lot, a portion of the lot was required to be restricted by NJDEP to protect threatened and endangered species. In exchange for the now requested partial release, the Deed Restriction will be amended to add an equal area of the subject tax lot not previously restricted pursuant to the Deed Restriction.

Hearing Date/Time:  September 19, 2022 at 5 PM

Hearing Location:  

The hearing will be held remotely.  Information about how to join the hearing through Microsoft Teams or be telephone may be found in the public hearing notice linked above.

Public Comments Accepted Through:  September 19, 2022