Board approves three applications in one night Two farm properties and site near Cox's Corner to yield more lots BY JANE MEGGITT Staff Writer UPPER FREEHOLD- Several minor subdivisions were approved at the Feb. 26 Planning Board meeting. The board unanimously approved a three-lot subdivision of a Route 524 property belonging to John Gahler. The land is located across the street from the Cox's Corner commercial subdivision. The board also approved two farmland divisions. Gahler, who represented himself before the board without an attorney or engineer present, said that his engineers have been slow in communicating with the board. He said that he had a new survey of his subdivision to present to the board. Board member Bob Freiberger said the board fell subject to a lawsuit when it approved a business building on Meirs Road after a new document had been submitted after the 10-day legal window for document review. Planning Board Attorney Dennis Collins advised the board not to consider Gahler's new survey when making its decision and to only consider the map of the subdivision on file, dated Oct. 24, 2007. Gahler said his home is located in the center of the 26-acre farm and has road frontage. He told the board that he wants to create a lot off each side of the house, which would be on an 8.7-acre lot. He said there would be a 7.8-acre lot on one side of the house and a 9.8-acre lot on the other side. Gahler told the board that he intends to sell the adjoining lots but would continue to live in the home. He also told the board that he took down a barn that was too close to the new property line. According to the applicant, there should not be a problem aligning new driveways at the site with the horseshoe driveway of the commercial development across the street. He also said that there are no wetlands or transition areas on the property and that he has a letter of interpretation from the New Jersey Department of Environmental Protection. Board Engineer Glenn Gerken told the board that the application received approvals from the Freehold Area and township boards of health and approvals for historic pesticides. The board also approved Christopher Vernon's application to divide his agricultural property on Provinceline Road into two lots. Collins said the division is not considered a subdivision under municipal land use law since it results in two lots measuring over 5 acres each that would both be used for agricultural purposes. Gerken said the lots would measure 13.4 acres and 15.3 acres. He said one of the lots houses a barn, which Vernon said he would use to store hay and equipment. Board member Richard Stern said residential use is not permitted on property undergoing an agricultural subdivision. Board member Dianne Kelly asked why the division is necessary since the use would not change. Collins said the division would allow for the lots to change ownership or for the property to be divided for estate planning purposes. The board voted to approve the division, but Freiberger abstained from the vote. The board also unanimously voted to approve Marie Herbert's application for farmland division. Attorney Donald Driggers, who represented Herbert, said Herbert's farm, located on both sides of Herbert Road, would be going into the farmland preservation program. Driggers said the land on the south side of Herbert's Road would be divided into two lots, measuring 49 acres and 51 acres, which would be preserved. The 36- acre parcel on the opposite side of the road, which contains the house where Herbert resides, would also be going into preservation. The farmland preservation program allows property owners to create a homestead lot on sites to be preserved. Driggers said the Herberts are not planning to build a house, but someone may want to build one in the future. Gerken said the lot is non-severable from the farm property, which means it cannot be sold separately from the farm lot. Herbert's son, Kent, who lives in a farmhouse across the street from his mother, said he would continue to farm both lots. Freiberger called the Herbert application "a bona fide farmland subdivision" and noted the Herberts have lived in Upper Freehold "next to forever."