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Minutes Mendham Township Planning Board Regular Meeting March 16, 2005
Vice Chairman Tolley called the meeting
of the Mendham Township Planning Board to order at ROLL
CALL: Present:
Mr.
Tolley, Mayor Krieg, Mr. Pierson, Mrs. Link, Mr. Majorossy, and Mr.
D’Emidio Absent:
Mr. Giordano and Mr.
Mountain Also Present:
Mr. Falcon, Attorney, Mr. Lemanowicz, Engineer, and Mr. Kimball, Planner Absent:
Mr. Aubin, Environmentalist SALUTE TO THE FLAGADEQUATE 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 MINUTES FOR APPROVAL –
None ORDINANCE 04-2005
Vice Chairman Tolley referred to the communication from
Township Clerk Penny Newell introducing Ordinance 4-2005 Historic Preservation
scheduled for adoption at the Township Committee Meeting on Mr. Falcon stated that this is the normal review by the
Planning Board between the first and second reading, and it would be unusual to
have anyone before the Planning Board. He
said the Planning Board had previously reviewed this ordinance extensively, and
it is not necessary to have the HPC present to fulfill the Planning Board’s
function tonight. Mr. Pierson added that the Township Attorney has redrafted
parts of this ordinance on three different occasions and the governing body is
aware of the modifications to it. He
also confirmed that everyone had the appropriate version dated Mr. Tolley suggested reviewing the ordinance page by page to
see if anyone had questions. Mr.
Pierson referred to the definition of demolition and advised that the definition
is new and read it aloud. Mr.
D’Emidio asked who would determine substantial demolition, and Mayor Krieg
said it was the HPC. Mr. D’Emidio
then asked what would make their definition the correct definition, and Mr.
Tolley said it would probably be the building inspector.
Mr. Pierson confirmed it would be the building inspector and an appeal
would go to the governing body. Mr.
Krieg said when a building permit comes in, the building inspector must refer
that permit to the HPC, and they will make the determination of substantial.
Mrs. Link noted that the use of the word “substantial” was the choice
of the Township Committee, not the HPC, and Mr. Pierson said that was correct.
He said this forces a review of all possibilities, but there is no power
to prohibit it. Mr. Tolley
questioned whether or not this would stand in court, and Mr. Falcon said a
savings clause is included and imposes discretion on the part of some official
to determine if something is official or not.
He said he did not see this definition as one likely to be overturned. Mr. Tolley referred to 25.12C on page regarding maintaining
and preserving a harmonious setting and said the action of this ordinance is
counter to that and picks and chooses houses.
Mr. Pierson referred to the list of 209 structures that is
included, and Mr. Tolley said that everything over 70 years old is included and
districts are one thing, but this is a schedule.
Mr. Majorossy referred to 25-4.2 regarding the HPC
occasionally providing eliminations or deletions to the list of historic homes
and asked how often that would be. Mr.
Krieg said when the HPC feels it is significant enough to be added, and then
they would have to go to the Planning Board and/or the Township Committee.
Mr. Kimball said this ordinance, by state law, has to be consistent with
the Master Plan so any additions to the historic structures that are not in the
Master Plan have to be added to the Master Plan.
Mr. Tolley said he believed the Master Plan referred to the historic
districts and map, and Mr. Kimball stated he had not checked this list against
the Master Plan. Mr. Tolley asked if
the Master Plan needed to be updated to include the newer districts as well, and
Mr. Kimball responded that, if there are areas that are subject to regulations,
they must be in the Master Plan. Mr. Tolley referred to 25-6.2 on page 4 regarding alteration
applications for HPC review and asked what determines a sketch.
After a lengthy discussion, it was determined the Planning Board would
make suggested changes to the Township Committee.
Mr. Pierson read aloud the suggested changes as follows:
“25-6.2 for alteration applications:
The applicant shall also provide six copies of appropriate site plans and
elevations or suitable sketches by the homeowner of the proposed construction,
including description, drawings or appropriate sketches of any portions of the
structure to be removed or demolished.” He
further noted the recommendation of a checklist designed for homeowner use.
Following a full discussion and review of pages 5 and 6, it
was determined to suggest to the Township Committee the addition of item 25-11,
titled “Permit Processes,” stating HPAC approval will not provide an
exemption to other applicable permit processes.
Mrs. Link referred to Schedule A and suggested the addition of a title
and 25-4.1, Inventory of Historic Houses, Building and Schoolhouses. Mr. Kimball stated the most important thing the Planning
Board has to do with this ordinance is to ensure it is consistent with the
Master Plan and outline what is historic in the Township.
He said he had not suspected the list might be different, but if
there’s a distinction, there’s a fundamental thing that should be rectified.
Mr. Pierson said the list may have errors in it, and the HPC has the
right to make additions or subtractions, but as he understands it, all of these
houses are included in one of the historic districts. Mr. Tolley asked the members of the Planning Board if there
were any questions on the remainder of the ordinance.
Mr. Tolley then asked if there were any questions on Schedule B or C, and
there were none. Mr. Pierson noted that the Planning Board has made suggested
changes to 25-6 and put in 25-11 and suggested that Mr. Falcon prepare a draft
response to the Township Committee and send it to the Board Secretary.
He also suggested having the suggested changes added in boldface to the
ordinance. Mr. Falcon said the Planning Board should pass a resolution
advising that you have reviewed the ordinance and the Board Secretary is
authorized to forward to the Township Committee a memo containing
recommendations in connection with the proposed ordinance prior to the next
scheduled meeting. The areas to be
covered in the report are: 1)
need for the inclusion of a checklist; 2)
clarification to 25-6.2 as to the description of
submittals required for alteration application; 3)
reference in 25-6.3 to the definition of demolition; 4)
inclusion of a reference to the necessity to receive
any and all other development permits which may be required by law,
notwithstanding HPAC approval; and 5)
a title for Schedule A as follows –“Inventory of
Historic Houses, Buildings, and Schoolhouses.” Mr. Falcon then provided a draft resolution to all members of
the Planning Board. Mr. Falcon
further said the changes would be provided to Mr. Clapp to rule whether or not
they are substantial. Mayor Krieg made a motion to approve Resolution PB-05-04
regarding review and approval of Ordinance No. 04-2005; Mrs. Link seconded the
motion. Roll call vote – Tolley—no;
Krieg-yes; Pierson-yes; Majorossy-no; Link-yes; D’Emidio-yes. BOARD OF ADJUSTMENT – DEFINITION OF ACCESSORY STRUCTURE
Mr. Tolley referred to the memo provided by Mr. Falcon
regarding the definition of accessory structure.
Mr. Pierson said he thought it had previously been discussed that the
wall could be glass. Mr. Tolley said
it doesn’t say you can’t have glass windows, and we are trying to get away
from open lattice or plastic. After
discussion, Mr. Falcon said “including glass or windows” would be added to
the definition, and with that addition, a memorandum would be sent to the Board
of Adjustment. PUBLIC SESSION
Upon motion duly made and seconded, the meeting was opened to
the public for comments, and there were none.
Upon motion duly made and seconded, the meeting was closed to the public. Mr. Lemanowicz raised an issue for the record regarding a
Maser Consulting relationship that needs to be disclosed with K. Hovnanian.
He said the Newburg, Mr. Kimball stated for the record that Kimball and Kimball
have had a relationship with K. Hovnanian also, but he did not see them having a
role in this application. Mr. Falcon said going forward the real effort would be in
connection with inspecting the installations of improvement.
Mr. Pierson asked what would happen if Maser was asked to do
something at Drakewick, which is next door to this property, or provide
services. Mr. Lemanowicz said they
obviously could not do design work in town for K. Hovnanian.
Mr. Pierson said he had no objection.
Mr. D’Emidio asked Mr. Lemanowicz if he has personally had any
involvement with K. Hovnanian in the past. Mr.
Lemanowicz said he does not believe he has ever personally worked on a K.
Hovnanian project; he does not recall anything.
Vice Chairman Tolley said the subject has been addressed
appropriately and based on what counsel said, the Planning Board has no
objection until such time as there is evidence of a conflict. ADJOURN
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 Respectfully submitted, Hope Warrington Planning Board Secretary |
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