LADDEy:CLARK&RYAN,LLP ATTORNEYS AT LAW 60 BLUE HERON ROAD SUITE 300 SPARTA, NEW JERSEY (973) FAX: (973)

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1 75716fUIJ RIHARD I. LARK- THOMAS N. RYAN ANDREW A. FRASERa ANGElOJ.BOlATO+ MIHAEL S. GAROFALO LAWRENE J. SUPP' LAUREN D. McFADDEN MEGAN E. MacMULLIN URSULA H. leo+ OF OUNSEL RIHARD A. STEIN LADDEy:LARK&RYAN,LLP ATTORNEYS AT LAW 60 BLUE HERON ROAD SUITE 300 SPARTA, NEW JERSEY (973) FAX: (973) NJ & NY BARS + NJ&PABARS RULE 1:40 QUALIFIED MEDIATOR. ERTIFIED BY THE SUPREME OURT OF NEW JERSEY AS A IVil TRIAL ATTORNEY Icr(1!)lcrlaw.com BRIAN M. LADDEY (Retired) January 17,2007 Dante Dipirro, Executive Director New Jersey Highlands ouncil 100 North Road hester, NJ Re: Franklin Borough - Highlands Draft Master Plan Our File No ::::::;:::::::: f,.91 ~ LUUZ9 ~ Mf ]\ ru~[i\g~@~~ Dear Mr. Dipirro: Laddey lark & Ryan serves as the attorneys for Franklin Borough. Franklin Borough representatives met with you and representatives of the Highlands Staff and Sussex ounty on January 2, 2007, in the Sussex ounty Administrative Building. Pursuant to that meeting, we understand that we are to provide you, in writing, by January 18, 2007, with details and documentation regarding the proposed Draft Master Plan. In order to assist you in revising the Draft Master Plan, as it affects Franklin Borough, we are submitting to you the following information, as you requested: 1. A list of properties whose existing use is in conflict with the Draft Master Plan, some of which reflect conditions changed since 2002 (which are not reflected in the Draft Master Plan), properties with existing active recreational uses, and properties that have obtained approvals and for which construction on the project has not begun, but is pending. We have included, for each listed property, the following information: a. Block and Lot Number; and b. Existing conditions and improvements on the property. You will note that the Borough has identified four main areas that are presently identified within the Protection Zone and onservation Zone, but should be reclassified within the Planned ommunity/specially Planned Zone. The Borough also proposes that certain properties located

January 25,7007 Page 2 in the southwestern portion of the Borough presently identified as within the Protection Zone be reclassified within the onservation Zone.

2 January 25,7007 Page 2 in the southwestern portion of the Borough presently identified as within the Protection Zone be reclassified within the onservation Zone. The four major areas that should be reclassified within the Planned ommunity/specially Planned Zone are: 1) the northwest section of the Borough, along Scott Road, Main Street and Davis Road, including the zinc mine site; 2) eastern portions of the Borough along Route 23; 3) the southeastern portion of the Borough along Route 517; and 4) the quarry site at the southern tip of the Borough. The reclassification of these properties is essential to planned redevelopment and economic growth within Franklin Borough. As detailed in the attached spreadsheet, several of the identified areas have existing sewer connections, and some projects have already obtained the necessary approvals to begin construction. Other listed properties have been identified by the Borough as proper areas for development. Many of the tracts identified comprise active recreation uses or already support existing commercial and industrial use, and are more appropriately classified as Planned ommunity Zone. Specifically, as to the first area: the sewer is connected in the area, a subdivision is pending along Scott Road, a residential development off of Davis Road (Estelle Manor) is already approved and has sewer connections. The northern most portion of the Borough is zoned Highway ommercial and residential, with existing sewer, and the Ballyowen golf course is in the northwest section of the Borough. Main Street, the zinc mine site and the surrounding area, although proposed to be split-zoned, has been identified in its entirety as an area for redevelopment and expanded development. The zinc mine is a Brownfield within this area, which is zoned for high density redevelopment. The Highlands zoning is discordant with the Borough's zoning for this important redevelopment site because a significant portion of the zinc mine property, where redevelopment should occur, is zoned for conservation. As to the second area: the properties along Route 23 are already developed as commercial properties served by sewer. A Walmart, Weis grocery store, Sprint towers, and a strip mall have been constructed along Route 23, in a portion presently identified as a Protection Zone. The strip mall, located on Block 70, Lot 7.05 has four active businesses served by sewer. This 40 acre commercial property has been zoned protection by the Highlands. The entire area is zoned Highway ommercial and represents the Borough's commercial corridor, with the Black Bear golf course also present (active recreational use, also more appropriately zoned within the Planned ommunity Zone) For the third area: along route 517 is an area subject to pending litigation, which is proposed to be developed into active adult housing. The lots are proposed to comprise a significant active recreational area. Also, commercial uses exist along the Route 517 frontage, with existing sewer service. The area identified in the middle of the Borough is zoned industrial, and has existing commercial uses.

3 January 25, 2007 Page 3 For the fourth area: the quarry located at the southern tip of the Borough has been zoned for and used as a quarry, with an easy hook-up to existing sewer lines. Under the current zoning, the quarry site is zoned for quarry, residential and office use, and has been identified as an area for active recreational use and future residential growth, creating a specially planned area. 2. Details on the pending litigation reflecting the properties located off Route 517, including Block 66, Lots 5, 6, and and Block 74, Lots 16, 17 and 24. We have included a memorandum summarizing the status of the litigation, and copies of the complaints and answers filed in Technology General orp. v. Borough of Franklin, et al., No. SSX-L and Indian Ridge at Franklin, LL v. Borough of Franklin, et ai., SSX-L We hope this information is sufficient to provide for revisions to the Draft Mater Plan. Also attached for your convenience is a map detailing the proposed zoning of the properties within the Borough. Please feel free to contact me if you have any questions. Thank you for your consideration. Very truly yours, Ursula H. Leo VIA (draftplancomments@highlands.state.ni.us;highlands@highlands.state.ni.us) HAND DELIVERY Enclosures cc: Mayor Kistle Jim Kilduff, Director of Planning and ommunity Development Janice Talley Ken Nelson and UHL N:\USERS\lients\661-1 & l\Highlands\Ltr.Dipirro.I doc 01/25/07

4 Franklin Borough Properties Significantly Affected by Highlands Zoning!55 Ownership Zone Highlands Zoning* Notes H, P Should be P H P Should be P, all H zoning developed 5 single family homes Should be P Should be P Should be P Should be P Should be P Should be P Should be P Should be P Should be P R-1 Developed single family with sewer, should be P st) Estell Manor R-1 Major subdivision with sewer and road, should be P, Five sewered lots, major subdivision, Estell Manor, 5 lots in Franklin (19 lots in Hardyston), road and sewer line installed. Also other developed single family residence *P - Protection *P/SPA - Planned ommunity/specially Planned Areas * - onservation

5 !SS Ownership Zone Highlands Zoning* Notes Single Family R-1 (mostly) Should be P, developed single family with sewer toad Van Horn R-1 2/3 P, 1/3 Active farm, should be conservation, sewer service Bischak R-1 P Active farm, should be conservation, sewer service Martin R-1 3/4 P, 1/4 Active farm, should be conservation, sewer service R-1 P Active farm, should be toad Van Horn R-1 1/4 P, 3/4 Active farm, should be Bischak R-1 P Active farm area, sewer service P Should be P - Quarry Indian RidQe/Beazer R-1 P Should be P *P - Protection *P/SPA - Planned ommunity/specially Planned Areas * - onservation

6 ss Ownership Zone Highlands Zoning* Notes Black Bear H P Should be P, developed golf course Weis Markets H Mostly P, some P should be P, developed super market with sewer Nardella H H Developed with strip mall and sewer H use variance for commercial available for redevelopment Walmart H Mostly P, some P Developed with Walmart, has sewer, property subdivided with L1.02 Franklin 23 Assoc. H Mostly P, some P Developed Shop-Rite Mall with approval for subdivision/expansion Sprint/Embarq H Microwave site with site plan approval Mainardi H Developed strip mall with sewer Sewer, Hardyston Elementary School and public space Mostly P/SPA, Developed townhouse condominiums, protection area bordering Sprint, Franklin Meadows some P served by sewer Developed single family residences with sewer on Route 517, should be P H P MHP Partly P, Partly Developed Mobile Home Park with sewer and water approx. 200 sites, should be P Sewer service area P Partly P and P ontigous with L11 Partial P, Hwy frontage Fletcher R-1, I Mostly P. Some P Should be P, see attached sheets Lesko R-1 P Operating horse farm *P - Protection *P/SPA - Planned ommunity/specially Planned Areas * - onservation

LUM Zones Planning Area r-.;'i ',.,servarionzone " Plannedommunity2,m.! g Speciall)' Planned Areas PtOrecrion ZOI1" Preservation Area -.ome"..ion Zone -Plannr'd ommnnity Zone!

7 LUM Zones Planning Area r-.;'i ',.,servarionzone " Plannedommunity2,m.! g Speciall)' Planned Areas PtOrecrion ZOI1" Preservation Area -.ome"..ion Zone -Plannr'd ommnnity Zone! Spcci<,lIy Planned Area, Ptt>tecrion Zone Roadway Network === In",,,"uc Highways - U.S.Ron.., = StateRonte' - LocalRoute., -- Mnnicip.1 Boundary -I.ake.; and Ponds ~~ ~ " -1'

$l Legend LUM Zones Planning Arca G","ervatjonZone I'lanned ommunity Z""el Speciall)' Planned.\rea, Proteerion Zone Preservation Area.. rm,erv.tion Zone.. Planned ommunity Zonel Speci..U)' Planned Arca.$

8 l Legend LUM Zones Planning Arca G","ervatjonZone I'lanned ommunity Z""el Speciall)' Planned.\rea, Proteerion Zone Preservation Area.. rm,erv.tion Zone.. Planned ommunity Zonel Speci..U)' Planned Arca. Protection Zone Roadway Network Inrersm,e HighwAY, - UX I!!>ut"" = SlateRome, - Locall!!>ute. - - Muni,:il'al Honnd.ry -Lah" and Pond, -.":" '. I I i '!jfyyw~,~\ I II ;)~ergapatiility M,ap ;'i~r"1li.. V I Ji 1!!r~!llrropose~ hanges "",1, Frankiin Boro H,4dDYSTON ~ TrrNSH'P II, Legend of Proposed hanges -ProposedonservationZone Expansion -ProposedPlannedommunityZone Expansion

Existing Land Use. Typical densities for single-family detached residential development in Cumberland County: 1

Existing Land Use. Typical densities for single-family detached residential development in Cumberland County: 1 Existing Land Use A description of existing land use in Cumberland County is fundamental to understanding the character of the County and its development related issues. Economic factors, development trends,