(notes/final) post 101 Myrtle's own version of Waterworld

6/26/2013 Draft notes and conclusion:

westfield planning board resolution regarding change in zoning was 15 years ago so zoning was in place for desity and multi residences. 

may 2013 Recent WF application for this area involved builders remedy lawsuit on Myrtle and another off of springf ave north side westfield near cranf border.  councilman BN and few residents of GW attended since within 200 foot.  (variance was for ??)

mr grohnin (?) of myrtle ave garwood-came before council twice with concerns about brook flooding due to impervious surface at new Westfield development west of 600 block Myrtle

Presently all trees-see pic

ex-mayor McCarthy also spoke also on concern

600 block myrtle and eastward downstream may be impacted.

westfield-1 acre property-approximately 15 townhouses, 3 of them low income COAH generated

Boro engr DG reviewed drain off

drain off is designed for 20% negative exfiltration per present state storm water mandates

Councilor BN at May's council mtg noted he would try to talk to developer about deeper retention basin

However, developer's lawyer interceded and said no further direct communication to be made.

On 6/21.2013 a flyer was hand delivered to all residents along the brook by resident JG of 400 block willow and which was rvwd/edited by ex mayour DM from the 600 block Myrtle.  The flyer expressed skepticism regarding the "no impact" design on storm water runoff to the brook, urged residents to start attending council meetings to be informed and that the residences along the brook may incur flood insurance costing $2000+ if this development goes through.  Approximately 8 residents whose property backed up to the brooks edge showed at the subsequent 6/25/13 council meeting.  (None spoke, but see conclusion below)

Note that the TREEhouse located on 300 block Willow is on brook also

At the 6/11/13 council meeting, BN and engr DG will walk the stream on sat 6/29.  AL and BP noted that they should look at deteriorating gabions and garage foundation caused by gabion subsidence.  At the 6/25 council meeting BN reiterated the brook walk to be done meeting at the GW far west end at 1:30pm and walking eastward. They will have wader boots and a tax map.  Assessment will be made on condition of gabions, herbicide requirements to ameliorate any rat problem, brook condition, blockages, foundations.  Resident AL noted about encroachment and storage of items on top of  the gabions, which they will observe and make notes to notify those residents. BN said there will be a formal report made.

Conclusion: From the past urging of residents, the 6/25/2013 council meeting had an executive session in the middle of the workshop portion of the meeting that lasted 35 minutes to discuss whether the boro should legally challenge the Westfiled zoning board's approval of the application from the developer.  The boro attorney BR announced afterward, that it would be too costly and the boro has decided to not go forward with a challenge.  he did not mention the rough cost that deterred the boro.  He also noted that any residents can still do their own legal challenge if they so wish.  However, BR noted that he would not enumerate the reasons why the boro decided to drop the challenge as not to prejudice any residents who are considering their own.  This TREE does not foresee any other deep pockets coming forward, so can come to the conclusion that this development in Westfield on Westfield's Myrtle and Grove sts will proceed unchallenged and any negative impacts to Garwood by flooding or any other unforeseen concerns will be only be found out through time.