East Oak Street and Great Swamp Road: Township Could Forfeit Responsibility

The Township Planning Board on Tuesday recommended that Bernards Township relinquish public rights-of-way on portions of East Oak Street and Great Swamp Road. All of East Oak Street currently is maintained by the township, but township officials are looking to forfeit that responsibility for sections that lead to dead ends or serve only Ridge Oak Senior Housing.

The Township Committee is scheduled to hold a public hearing on the proposal at its meeting at 8 p.m. on Dec. 28. The committee previously considered the change at meetings in October and November, but decided to first seek the Planning Board's opinion on the matter. 

"The township maintains this part of (East Oak Street) but really, essentially it's driveway access for Ridge Oak," David Schley, assistant Township Planner, told the Planning Board.

A section of East Oak Street has some accessory structures such as barns which are owned by the Ridge Oak development, according to Tuesday's discussion. The street is not used for parking, officials said.

Great Swamp Road splits off from the end of East Oak Street and, similarly, is mostly utilized by the homeowners who live off of that road, according to the planners. "Great Swamp Road is entirely a paper street, there is no improved pavement or anything else there--just some trees and grass in that area. And that is totally not used for any public purpose," Schley said. 

Ultimately, Great Swamp Road and East Oak Street do not serve the community at large, so the township officials are seeking to vacate ownership for those rights of way, Schley said.

That would allow the township to cease its responsibility for public maintenance of those roads, Schley said.

"As with any vacation, the township would give up all interest in those parts of the right of way and they will be divided along the center lines of the streets. One half of the road goes to one property owner and the other half of the road goes to the other property owner on the other side of the street," Schley explained.

That would be the case for both portions of the roads, Schley said. 

The Ridge Oak Development has recently acquired 20 new units, putting the development at maximum capacity for construction under existing zoning laws, officials said.

Ridge Oak also owns a lot to the south of East Oak Street zoned for single-family home development, the planners said. If the road is vacated, this property would be subject to the maintenance implemented by the Ridge Oak development, the planners said. The property has a driveway accessible from Manchester Road,

In the future, the acquisition of lot 40, zoned for the single family homes, offers opportunities for Ridge Oak to develop additional affordable housing on that parcel of land, according to Tuesday's discussion.

"But, as it stands right now there is no future development potential for Ridge Oak. This parcel will remain zoned for one-acre single family housing and there is nothing that can be done except one-acre single family housing," Schley told the board.

Planning Board members said they want make sure there is no potential for a land-locked lot that would occur from vacating the right-of-way and that no damage would occur to the homeowners in the development. 

The Township Committee had asked the Planning Board to determine if the ordinance is consistent with the municipal Master Plan. The Planning Board on Tuesday found the ordinance consistent, and planned to draft a memorandum with that advice to send to the Township Committee.