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Chairman Giordano called the meeting of the Mendham Township Planning Board to order at 7:38 p.m.

 

ROLL CALL:

Present:   Mr. Giordano, Mr. Tolley, Mayor Pierson, Mr. D’Emidio, Mr. Majorossy, Mr. Mountain, Mrs. Link

 

Also Present:  Mr. Falcon, Attorney, Mr. Kimball, Planner, Mr. Balut, Engineer, and Mr. Aubin, Environmentalist

 

SALUTE TO THE FLAG

 

ADEQUATE NOTICE of this meeting of the Mendham Township Planning Board was given as follows:  Notice was sent to the DAILY RECORD and the OBSERVER TRIBUNE on January 8, 2004 .  Notice was posted on the Bulletin Board in the Township Hall in Brookside , New Jersey on January 8, 2004 , and Notice was filed with the Township Clerk on January 8, 2004 .

 

MINUTES – November 1, 2004 , deferred to next meeting

 

MASEFIELD PRELIMINARY MAJOR SUBDIVISION – APPLICATION 04-04

Mr. Peter Henry of Dilon Peter in Morristown introduced himself as counsel for the applicants, Mr. and Mrs. John Masefield, with respect to the subdivision application on the agenda tonight.  Mr. Falcon confirmed that the appropriate public notice had been made.  Mr. Henry identified the witnesses present as Mr. Jim Madsen, Engineer; Mr. John Peel, Planner; and Mr. Masefield.  Mr. Falcon swore in the witnesses. 

 

Mr. Henry identified the property as Block 100, Lot 52, which is presently occupied by a single family dwelling with an accessory structure.  He said the applicant is proposing a seven-lot subdivision, under the lot-size averaging ordinance, with the lots ranging in size.  Mr. Henry said the application conforms in all respects and noted that the single road proposed is an extension of the present Wright Lane and is proposed to wind essentially with the topography of the land and provide frontage for each of the lots proposed to be created.  He said they are asking for variance relief on the existing lot as it creates a reverse front yard, and when the road goes in a front yard will be created by definition.  He further said the current lot really has no real front yard, side yard, or back yard because there is no road.  Mr. Henry stated he was prepared to proceed with Mr. Madsen’s testimony and asked him to provide his credentials.

 

Mr. Madsen stated that he was a New Jersey registered professional engineer, employed by Apgar Associates, a graduate of NJIT, a professional engineer for the past ten years, and has previously testified before numerous planning boards, including the Mendham Township Planning Board.  Mr. Henry offered Mr. Madsen as an expert, and Chairman Giordano asked the members of the Board if there were any questions, and there were none.  Chairman Giordano explained to the public that Mr. Madsen was being offered as an expert and asked if the public had any questions regarding his background, and there were none. 

 

Mr. Henry asked Mr. Madsen if he had prepared the plans, and Mr. Madsen said the plans were prepared under his supervision by his firm.  Mr. Henry asked Mr. Madsen if this was the plan originally drawn for the purposes of the subdivision, and Mr. Madsen said the original was a conceptual plan that showed six lots with a cul de sac that ended several hundred feet before Carriage Hill Road .  He said that plan was submitted to the work session where they appeared before the Planning Board and discussed it.  At that time, it was suggested that the road be extended to Carriage Hill Drive because of the Master Plan consideration and the Fire Department’s request that Carriage Hill be connected to Saddle Hill.  Lot size averaging, suggested by Mr. Kimball, was also included as a result of the work session. Based upon this discussion, they prepared the plans as currently shown now.  Mr. Madsen said the lot size averaging was also included after the work session as suggested by Mr. Kimball.  Mr. Henry asked, with the exception of the existing accessory structures, if the lots conform, and Mr. Madsen said yes.  At Mr. Henry’s request, Mr. Madsen then explained the plans to the members of the Planning Board. Mr. Henry asked if the extension of the road to Carriage Hill crosses some property that is not entitled to Mr. Masefield, and Mr. Madsen said yes.  Mr. Madsen said it was discussed at the work session that the town would go through the exercise of acquiring that additional property that would be necessary to connect to Carriage Hill.  He referred to Sheet 2 of the plans and noted that just a right of way touches the property line, and there is a temporary cul de sac, which was only placed there in the event the Township did not acquire the additional property. 

 

Mr. Henry referred to the variance issue concerning the accessory structures and asked Mr. Madsen to identify those structures and locations.  Mr. Madsen said there are two garages -- one is 61 feet from the proposed right of way and the other is 150 feet off of the right of way behind the existing garage, and a pool that would occupy what would become the front yard of the remaining lot.  Mr. Henry asked if those structures are within the building envelope in the present configuration of what is proposed, and Mr. Madsen said yes.  He further said, in its current configuration, the existing house does not have the appearance of a front façade that is facing the road, and from today’s appearance, the front of the house is facing what would be the new road.   Mr. Henry asked if there was any effort to mitigate any impact from those structures, and Mr. Madsen said that anyone that would be purchasing a lot on either side would be made aware that the structures are there and the situation that exists.  Mr. Henry asked if they could be buffered or screened, and Mr. Madsen said that plantings could be done.

 

Mr. Henry asked if there was any practical way for the road to be located such so as it does not create a front yard where those structures are located, and Mr. Madsen said no, there is not.  Mr. Henry asked, as a practical matter, is the only way to avoid the front yard variance would be to not subdivide the property ever and manage a 30 or 40 acre backyard, and Mr. Madsen said that is correct.  Mr. Henry referred to the road alignment and asked Mr. Madsen to comment on the road design and the alternate road design that had been suggested and the impacts.  Mr. Madsen said the current road design extends Wright Lane right of way into the property and conforms geometrically to the requirements for design of roadway systems.  The new road that was suggested would follow the existing driveway as it left Wright Lane and came into the property.  Mr. Madsen presented a diagram that would show the proposed right of way for the realigned road and distributed it to the members of the Board.  Mr. Henry asked to mark this diagram as an exhibit.  Chairman Giordano confirmed that Exhibit A-1 were the plans dated 10.07.04 Revision, 9.15.04 Original, and the realigned roadway diagram was entered as Exhibit A-2.  Mr. Madsen reviewed Exhibit A-2, an 8-1/2 x 11 copy of the portion of the road where it had been suggested that the entrance be realigned and shows lot 52.01.  He fully explained the straight-line realignment and said that this would make lot 52.01 below the lot size averaging requirement.  Mr. Henry asked if there was a mechanism for solving that, and Mr. Madsen said the left side property line for 52.01 could be adjusted but it would have to move closer to the existing garages and would require a waiver.  He said the preferred design would be a line that would extend perpendicular to the proposed right of way back to a point which would be about 140 feet shy of the rear property line and would angle back to the corner where the existing line touches the back.  Mr. Henry asked to enter the two sketches as exhibits – Exhibit A-3 is the preferred design diagram, and Exhibit A-4 is the diagram with the single straight line.

 

Mr. Madsen said Exhibit A-3 shows a new left side property line and puts the garage 80-85 feet off of the property line and brings back over three acres for total lot area for 52.01 and does not create a design waiver, but puts a slight angle in the lot itself, much like the right side.  He said Exhibit A-4 would require the design waiver and moves the lot line 63 feet from the garage which is still a conforming setback but closer and provides a property line that is straight to the back corner. 

 

Mr. Henry asked if road width and curbing had been addressed in the realigned road, and Mr. Madsen said the plans presented to the Board show a road that tapers from 24 feet to a proposed width of 20 feet.  He further said that the consultants suggested that the roadway be reduced to 18 feet in width, which they have no objection to.  Mr. Madsen stated this width was considered a rural lane by definition in the RSIS, and rural lanes are streets that have less than a daily traffic count of 200 trips.  Mr. Henry asked if there was any reason to expect traffic count to exceed that in this area, and Mr. Madsen said no, they are projecting a daily count of 70 trips – 10.1 trips for a residence and a maximum of 7 residences. 

 

Mr. Henry referred to the existing cul de sac at the end of Wright Lane , and Mr. Madsen said he personally believes the cul de sac should stay to provide for turnaround for emergency vehicles and individuals taking the wrong road.  He said the cul de sac was there and the removal would force traffic to continue through the subdivision to Carriage Hill Road .

 

Mr. Henry referred to the subdrainage surface water management plan, and Mr. Madsen reviewed the plan submitted to the Board for consideration as Sheet 6 of 19, the Grading and Percolation Plan.  Mr. Madsen said he had met with Messrs. Balut, Aubin and Peel to discuss a different stormwater management configuration, and it was suggested that perhaps an underground detention system be installed to minimize disturbance of the area along the roadway and proposed to provide swales along the side of the road.  He further said the design of this plan has not been finalized but they are seriously looking into creating such a system.  Mr. Henry asked if there were any drawbacks with this type of system, and Mr. Madsen said the major drawbacks were the disturbance of the swales on the side of the road.  He said it may put them in a position where they are exceeding the permitted slope disturbance. 

 

Mr. Henry referred to the report from the Township Engineer, Mr. Balut, and Chairman Giordano asked that they go through each of the items without reiterating them in any detail. 

 

Mr. Madsen reviewed the Township Engineer’s report as follows:

 

Item 1:             No problem

Item 2:             No problem; referred to Sheet 2 of 19 and noted that the green area presents the              proposed conservation easement area around the wetland buffer area and was                                 marked as Exhibit A-6

Item 3:             Okay

Item 4:             Cut and fill for road only

Item 5:             Will show the gas line

Item 6:             The pool appurtenances are to be removed to another location out of the right of                            way

Item 7:             Agreed to

Item 8, B1:       More of a statement

Item 8, B2:       Was discussed; revised road line and reduction in lot area for 52.01

Item 8, B3:       Deals with the existing cul de sac on Wright Lane and Mr. Balut suggests                          discussion of disposition of it

 

Mr. Balut stated that the Tree Protection Committee should review this application during this process prior to the Planning Board taking any action. 

 

Mr. Henry said they can realign the road, and they just need to know what the Board would like to do.

 

Chairman Giordano asked for an explanation of the purpose of the cul de sac, and Mr. Henry said it provides a place for emergency vehicles and large body trucks to turn, and for vehicles turning on the wrong road.  Chairman Giordano asked Mr. Balut and Mr. Kimball for their views on the cull de sac, and Mr. Balut said his reasoning was that, in the past, it has been the practice of the Board to remove cul de sacs as it provides a nice uniform road, which is an aesthetics issue.  Mr. Kimball added there was the possibility of confusion for people not familiar with the area.  Mr. Balut referred to the stone pillars and noted that if the cul de sac and pillars are left, it does give the appearance of a private road or driveway and may lead to confusion, even from an emergency standpoint.  He said people may not realize you can get through to Carriage Hill and the Board’s reason for a thru road is safety.  Mr. Madsen stated that the pillars would still provide the appearance of a private road whether there is a cul de sac there or not.  Mr. Henry said this led to the question of whether they should be removed in any event.  Mr. Balut said it could be done in stages and doesn’t require the removal until you get a chance to look at it.  Mr. Masefield said it doesn’t make sense to rule on it before we have an opportunity to see how it works, but also noted that one of them has to come down anyway.  Mr. Balut agreed.  Mayor Pierson suggested that this be kept on the agenda for a decision because it will be a public road. 

 

Mr. Madsen continued with the items in the Township Engineer’s report:

Item 8, B5:       Will look into this and correct any grade levels that are incorrect

Item 8, B6:       It’s an important discussion but will provide additional plans for the temporary cul  

                        de sac in the plan set

Item 8, B7:       Agreed to

Item 8, B8:       18 foot, no curbway and demonstrated we would comply with the rural lane                                   required for traffic counts

 

Mr. Balut stated that they would have to add in the off-tract houses on the road to come up with that total count and cannot just count the development because you have other traffic.  Chairman Giordano noted for the record that Mr. Madsen would review the calculations and see if Mr. Balut is in agreement. 

 

Mr. Madsen continued with the Stormwater Management items in the Township Engineer’s report:

Item 1:             No problem with that, but the State only requires ground water be 2 feet below                               the basin bottom, and Mr. Balut said he was asking that they dig down 5 feet

Item 2:                         No objections to including the sumps in our basins

 

Fire Official

Item D1:          Will provide

Item D2:

Item D3:          Require additional routing information in our report

Item D4:          In the design of our detention, the existing flows are reduced by 50 percent and reduced by ______, which would contribute less flows to the ponds than currently.  Mr. Balut said he was referring to ground water, not surface water, and noted that this is the analysis that Mr. Aubin has asked for.

 

Item F1:           No problem

Item F2:           Discussed the underground detention system and the swales

Item F3:           Agreed with

Item F4:           Earth

Item F5:           Will provide detail

 

Mr. Henry stated that was all the testimony from Mr. Madsen at this point.

 

Chairman Giordano asked the Board members if there were any questions for Mr. Madsen.

 

Mr. Majorossy asked about reducing the roadway to 18 feet and given the long roadway, and if there were any spots where vehicles could pass, and Mr. Balut said that was not required by the RSIS.  Mr. Kimball noted that there were many 18 foot streets, and they were typical in the Township.  Mr. Tolley referred to the swales and no curbs and the emergency vehicles, and Mr. Balut said the detail shows an 18 foot paved road and the stabilized base below is 20 feet.  A full discussion of swales ensued.

 

Mr. Aubin made the point that the amount of 15 to 25 percent slopes on the site are pretty small, and he believes it is better to exceed the slopes disturbance category and achieve a narrow roadway with better alignment, a better stormwater runoff system and provide water quality and aesthetic benefits to the project as a whole.  Mr. Kimball noted that standards are being discussed, as is so often the case, but they are just numbers on a page, and they do not take into consideration the quality of distinctions that you find in the field and the big part of what the Master Plan is about.  He said conditions in the field must be considered and choices made about what part of that landscape should be preserved from the Township’s, and applicant’s, point of view.  He further said, from that part of view, he believes that the recommendations that Mr. Balut and Mr. Aubin have made are designed to make those qualitative judgments. 

 

Mrs. Link _______________________________________________  said she is not sure she supports moving the road or not moving it.  She said she knows the Board has the authority to exceed the slope limitations, but asked if the Board has the authority to allow lot 52.01 to be less than three acres if the road is moved.  Mr. Falcon said yes, assuming it can be justified and rationalized, the Board has the authority.

 

Mayor Pierson referred to Sheet 6 and asked if the position of the houses were just suggestions, as he was surprised by the house location on lot 5, and asked if they were opposed to moving it further north to the high point on the lot and less close to the neighboring house.  Mr. Madsen said they were all conceptual locations for the homes. 

 

Chairman Giordano asked where the basic addition was when lot size averaging was utilized, and Mr. Madsen aid the ordinance allows the rounding up and it changed all the lot lines.  Chairman Giordano referred to 52.05, lot 6, and asked if there was really that much versatility with the location of the house between the pond and the environmentally sensitive area.  Mr. Madsen referred to Sheet 2 and said because of the special resource protection area that is measured from the pond, that limits the area in which you can construct the home towards the pond.  He pointed out a triangular shaped building envelope area and noted that the home could be placed anywhere within that area. 

 

ADOURN

There being no further business, a motion was made to adjourn the meeting.  The motion was seconded, all aye, and the meeting was adjourned at 10:53 p.m.

 

Respectfully submitted,

 

 

Hope Warrington

Planning Board Secretary

 

 

 

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