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MINUTES
MENDHAM
TOWNSHIP
PLANNING BOARD
WORKSHOP MEETING
APRIL 5, 2004
Chairman Giordano called the meeting of the Mendham
Township Planning Board to order at
7:35 p.m.
ROLL
CALL:
Present:
Chairman Giordano, Mr. Tolley, Mayor Pierson, Mr. Majorossy, Mrs. Link, Mr.
Mountain and Mr. Timpson (arrived 7:42 pm)
Absent: Mr. D’Emidio
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
December
17, 2003
– vote all aye, with a minor change on page
6, with Mr. Tolley, Mr. Majorossy and Mrs. Link abstaining.
February
2, 2004
– vote all aye, with Mrs. Link to provide
minor changes to the Board Secretary.
February
18, 2004
– vote all aye, with Mrs. Link to provide
minor changes to the Board Secretary, and Mr. Giordano abstaining.
Chairman
Giordano changed the order of the agenda awaiting Mr. Timpson’s arrival and
proceeded with the Cross Acceptance discussion.
CROSS-ACCEPTANCE
Chairman
Giordano noted for the record that the Township Committee has adopted an
Ordinance authorizing the Township’s participation in the State’s Cross
Acceptance Process.
Mr. Timpson
arrived at
7:42
p.m.
Mr. Giordano
said this will require the Planning Board to form a committee of three or four
members and asked if any members of the Board were interested in volunteering
for this committee. Mrs. Link volunteered her participation, and after some
discussion, it was agreed that Chairman Giordano would contact Mr. Alan
Willemsen, Mrs. Pat Zimmerman, and Mrs. Katie Porter to determine their interest
in serving on this committee. Chairman Giordano then tabled this matter for
final decision to the
May
3, 2004
, Workshop Meeting.
Mr. Timpson
left the dais at
7:50
p.m.
to join Mr.
Nadaskay for the presentation to the Planning Board.
DRAFT HISTORIC PRESERVATION ORDINANCE
Chairman Giordano opened the discussion on the draft
Historic Preservation Ordinance by asking Mr. Ray Nadaskay and Mr. Tim Timpson,
both representing the Historic Preservation Committee,
if they had received Mr. Ernie Maw’s comments on the
draft HPC Ordinance. Mr. Nadaskay indicated they had both received the comments.
He also said that the HPC had taken into
consideration all of the comments received from the
Board of Adjustment and the Planning Board and made numerous revisions to the
draft Ordinance that has been provided to the Planning Board members. Mr.
Nadaskay said that he and Mr. Timpson were here to answer any questions or
concerns the Planning Board may have on the revised document. He also said that
a presentation of the draft Ordinance has been made to the Township Committee,
the Board of Adjustment, and this is the third time before the Planning Board in
the hope that they will recommend it to the Township Committee.
Chairman Giordano asked Mayor Pierson about reviewing
the comments from Mr. Maw, and Mayor Pierson said that the governing body is
aware that Mr. Maw has made comments, and it would be helpful if this committee
would review them.
A full review and discussion then ensued regarding the
comments provided by Mr. Maw. Among the many issues discussed was Mr. Tolley’s
concern regarding the HPC being referred to as a commission, which he believes
is misleading because a committee and a commission are two different things. Mr.
Timpson responded that he had spoken with officials in
Trenton
and
Washington
,
DC
, who explained the difference between a committee and a commission is that a
commission is formed by an ordinance and a committee is not. He further said
they like the fewer restraints and the free and open atmosphere of a committee,
but if they were to become a commission that organizes under the MLUL, the HPC
would then qualify to become a certified local government. As a certified local
government, eligibility for certain funds is ensured, and said funds are
available for historic preservation. Mr. Timpson said these are two vital
benefits to a commission, and the commission will not be used to dictate
changes, and they have made a great effort to make this an advisory commission
rather than a regulatory commission. Another issue discussed involved the
appointment of members, and Chairman Giordano asked if the Township Committee
would appoint the Chair, and Mr. Timpson said that the MLUL states that the
commission itself must elect officers. He further said they had asked Mr. Clapp
if the candidates for officers could be recommended by the Township Committee,
and Mr. Clapp had indicated that the Township Committee’s opinion could be
solicited, although they cannot appoint officers. The subject of appropriate
notification regarding demolition was also discussed, and as a result, it was
determined that:
1)
any correspondence to residents regarding demolition should be
done by certified mail;
2)
any signage regarding demolition would be in accordance with the
sign ordinance, with sign color to be considered; and,
3)
a sample sign would be included in the Ordinance.
After a lengthy review and discussion, Mr. Nadaskay
concluded by stating that the Township Committee is interested in the Planning
Board’s opinion, and it is their hope that, with the modifications made this
evening, they can count on the Planning Board’s support and recommendation of
the draft Historic Preservation Ordinance to the Township Committee.
Chairman Giordano requested that the HPC provide a
redlined version of the draft Ordinance to include the modifications made this
evening and then placed this matter on the agenda for the
May 3, 2004
, Workshop Meeting.
Mr. Timpson returned to the dais at
9:51 p.m.
CORRESPONDENCE
Chairman Giordano referred to the
letter dated March 3, 2004, from Howard Spear, Esq., on behalf of Frank and Mara
Nydam requesting extension of period of protection under NJSA 40:55D-52 for a
period of one year (Resolution PB-02-22 Amended Final Major Subdivision
Approval, Block 114, Lot 7). Mr. Falcon said he had a conversation with Mr.
Spear and although
it seemed a little early to request an extension, the
applicant wants to ensure there is adequate time to accomplish what needs to be
done.
Chairman Giordano acknowledged Mr. Frank Nydam in attendance
at the meeting. Mr. Nydam addressed the Planning Board and advised that it took
a long time to solve the litigation and almost three to four months to work out
the fire tank specifications. He said that given that the lot is on the market
now, and his concern about the short time limit for a builder to build, they
wanted to submit their request for an extension early.
Mayor Pierson made a motion to have Mr. Falcon prepare a
resolution approving the one-year extension for the Nydam subdivision; Mr.
Majorossy seconded the motion; vote all aye.
Chairman Giordano then scheduled the resolution of approval
for the one-year extension of the Nydam subdivision for the
May 3, 2004
, Workshop Meeting agenda.
CLOSED SESSION
Mayor Pierson made a motion to adopt Resolution PB-04-05
Authorizing Closed Session to discuss matters of litigation; Mr. Majorossy
seconded the motion, vote all aye.
Upon motion duly made and seconded, the Committee returned to
open session at
10:07
p.m.
Mr. Tolley noted that the prior to the Workshop Meeting on
May 3, the Master Plan committee, with Mr. Kimball as an advisor, would meet at
6:30 p.m.
to
discuss
Woodland
Lakes
. He
further said that Mr. Jim Julian would be contacted to ascertain his interest in
also joining this committee.
Chairman Giordano stated that the April 21, 2004, Regular
Meeting will be cancelled and the discussion on the backland lots ordinance will
be added to the May 3 Workshop Meeting agenda.
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
10:10 p.m.
Respectfully submitted,
Hope Warrington
Planning Board Secretary
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