MINUTES

MENDHAM TOWNSHIP PLANNING BOARD

REGULAR MEETING

AUGUST 18, 2004

Chairman Giordano called the meeting of the Mendham Township Planning Board to order at 7:40 p.m.

ROLL CALL:

Present:   Mr. Giordano, Mr. Tolley, Mayor Pierson, Mr. D’Emidio, Mr. Majorossy, Mrs. Link, Mr. Mountain (arrived 7:44pm) and Mr. Timpson

Also Present:  Mr. Falcon, Attorney, and Mr. Balut, Engineer

Also Absent:  Mr. Kimball, Planner, 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 – June 7, 2004 – vote all aye, with Mr. D’Emidio and Mr. Majorossy abstaining

DRAFT HISTORIC PRESERVATION ORDINANCE
Chairman Giordano asked Mr. Timpson to begin the discussion.  Mr. Timpson stated that there were two questions and one of them had to do with the forced sale in 25-9.1b.  He said the way this portion of the ordinance was originally written, Mr. Clapp believed that it could require a forced sale, which was not intended by the HPC and could result in antipathy.  Mr. Timpson said the correction could be found in dark italics and read aloud the revised portion, which essentially eliminated any mention of sales or bona fide offers and nothing is in there that would indicate a person would have to sell his property.  He advised the Planning Board that Mr. Clapp has agreed that the rewrite answers the problem. 

Mr. Tolley referred to the issue of demolition of historic landmarks and asked Mr. Timpson if he was correct in understanding that every structure, site and location that is designated in a historic district is a landmark in this ordinance, and Mr. Timpson said yes.  Mr. Tolley said the way “historic landmark” is defined in the ordinance indicates landmarks can also be anything else determined to be of historic or aesthetic relevance and could be anything in Mendham Township , and Mr. Timpson said yes.  He expressed his concern that the entire community can be viewed to have historic or aesthetic relevance and therefore the HPC would be going out of historic districts and telling everyone what they could do with every possible structure in this town or altered by 25 percent or more.  Mr. Timpson addressed Mr. Tolley’s concern by suggesting the deletion of everything after the final comma in the paragraph referred to.  Mr. Tolley responded that he had a problem with the entire proposed ordinance but there would be some rough parity if any structure, site or building in the Township were declared to be historic.  Mr. Timpson said the law states that anything 50 years old can be historic, but the HPC is attempting to adopt prior to 1940.  Mr. Tolley noted there are some structures in historic districts that are newer than 1940 and asked what the difference is between historic and aesthetic relevance.  Mr. Timpson said aesthetic relevance is defined by the government as something that represents a unique change in architecture or style.  Mayor Pierson referred to the list of definitions in the ordinance and said the definition of aesthetic relevance should be included. 

Mr. Timpson referred to another issue previously raised by Mr. D’Emidio concerning Section 25.7-3 pertaining to the costs involved in an application.  He said there are a number of items required to accompany any application, and in an effort to determine approximate costs, he contacted Peter Primavera, who is working with the HPC on preserving the mill in Ralston.  Mr. Primavera provided estimated costs for the types of items required for an application in an e-mail to Mr. Timpson, and Mr. Timpson provided copies to all.  Mr. Timpson stated the reasons for requesting such items with an application:  1)  When a person wants to demolish all or part of his building, the HPC is interested in knowing what it will be replaced with; 2) On several occasions the HPC has been told by an architect that a building is beyond repair and the HPC would like documentation that this is accurate; and 3) To maintain historic files and have a record of what

our town and buildings looked like before being replaced.  A full discussion then ensued regarding the need for items requested and their associated costs provided in the e-mail from Mr. Primavera. 

Mayor Pierson referred to the March 10, 2004 , letter from Mr. Maw, who has been active on the HPC and was part of the committee originally working on this ordinance.  He asked Mr. Timpson if demolition was the only area that was at odds with Mr. Maw’s views.  Mr. Timpson said the ordinance does two things: 1) it requires people to submit their plans to the HPC and give them the opportunity to comment, whereas before they have been in situations where they have been unable to speak to the owner who wants to demolish; and 2) it extends the amount of time for delay of demolition.  Mayor Pierson suggested that the HPC provide a summary of what the difference is between the current ordinance and what is proposed before it goes to the governing body, and Mr. Timpson agreed. 

Mr. Tolley asked Mr. Timpson if demolition over 25 percent would allow the HPC to suggest to the applicant that they should sell their house to someone else.  Mr. Timpson responded that he is unable to generalize each situation but said the HPC’s first objective is to get people to repair, not demolish, and to replace with something in-kind and consistent.  He said a delay is a last resort in a really critical situation and that is the general consensus of the HPC.  Mr. Tolley asked if someone wanted to put a pool in their backyard and there was an historic structure, would the HPC suggest that the owner sell their home, and Mr. Timpson said yes. 

Mr. Timpson had no further comments, and Chairman Giordano asked the members of the Planning Board if there were any further questions or comments.

Mr. Tolley summed up by stating that he believes this is an inappropriate ordinance that flies in the face of what is going on in this community.  This gives the HPC the ability to stamp all over the community and decide if anything is historic and would basically strip people of their rights.    He said this is a historic community of homes built during all periods of time and in numerous styles, and the ordinance is unfair to the residents of this community.  He further said the ordinance demonstrates that the HPC is only interested in architecture, not the actual history of this community, which really revolves around the people, not the buildings.

Mayor Pierson asked if the only real difference is having a time limit to apply for a demolition permit and would it be possible for the applicant to wait out the time limit or does he have to file the application and incur the costs of the required items.  Mr. Timpson confirmed that the applicant would have to file an application and spend money to obtain the required items.  He further said there are things that can be done to reduce the costs and noted that elevation drawings are desirable but not necessary if there is photo documentation and measured plans are desirable but the HPC can look at a simple sketch.  Mr. Tolley stated that he had talked with Mr. Maw who expressed his concerns about a homeowner who wants to make a major addition to their home being delayed for a year.  Mr. Timpson noted that what is considered to be historic has to come before the Planning Board, who will then determine whether or not an item is historic. 

Mrs. Link commented that times have changed in the last 25 years and having lived in town for a long time, she thinks it is time to consider an ordinance like this that will provide a way to preserve our historic structures.  She said the Planning Board has now discussed this at several meetings and suggested forwarding it to the Township Committee with the understanding that there are questions from several members of the Planning Board, but at least move it forward and let the Township Committee and public comment on it.  Mayor Pierson explained what the Township Committee is looking for from the experts on the Planning Board and believes that the Township Committee would like some kind of recommendation, even if there are differing opinions.

Mr. D’Emidio stated he does not have a problem with the delay, but does have a problem with the cost and would vote to forward it to the Township Committee, but he is not sure what side he is on.

Chairman Giordano suggested that, in an effort to get the ball rolling, a memo could be prepared indicating everyone’s views for discussion at the September 7 meeting, and everyone should express their views for the record.

Mr. Balut questioned why the HPC needs all the requested data since the applicant for a demolition permit will have some type of drawing and the HPC will look at the structure themselves.  Mr. Timpson said the measured drawings are more for historic records.  Mr. Balut said it is a lot of money to put out up front and suggested requiring the submittal of a measured drawing after the year delay.  Mr. Timpson said there are ways to compromise with the going-in cost; the HPC can take the pictures, measured drawings are more important than a sketch, and the condition survey is critical.  He further said architects make more money when demolishing a building rather than trying to preserve it, and this is why he wants a third party who doesn’t have a profit incentive.  Mr. Timpson noted that he has been on the HPC for six years and see what is going on in our town and towns around us that do not have historic preservation ordinances in place.  Mr. Balut commented that the mansions being built today would be historic once they reach that 60-year level, but you would not necessarily want to preserve them.  Mr. Timpson said the HPC would want to preserve a certain number of those because it does give evidence of our town.  Mr. D’Emidio questioned what would happen if the ordinance is left in its current form, and seeing what happens with revised drawings and who determines the adequacy and accuracy of submitted information, he feels there could be problems with how the current HPC looks at things and how a future HPC might look at things another way. Mr. Balut suggested that the town hire a consultant who specializes in historic structure as part of its HPC and the applicant would pay the fee for the consultant, who would be consistent in his review.

Chairman Giordano asked the members of the Planning Board to state their views for the record.

Mayor Pierson said he feels strongly that we need to strengthen our HP ordinance, and having said that, he also continues to be uncomfortable with the inclusion of 1940 houses.  He said the defining homes in this town are the NJ cottages, the homes of the 1880’s that enveloped Morris Township, and the couple of Queen Anne Victorians on Woodland Road and Mountainside Road, and the ones he would like to see preserved and protected the most are the homes from the 1700’s. He further said that as far as the 1900’s, we really don’t have much.  Mayor Pierson said he does not want to find 1955 splits being necessarily protected, and he has a number of concerns, and the biggest concern is the breadth of the number of houses being looked at. 

Mr. Majorossy said he thinks everyone is in favor of preservation, but in a nutshell, this proposed ordinance does not hit the mark.  It is too onerous, and any developer or individual having a waiting period of up to one year is, in his opinion, out of the question.  He further said he would be in favor of a preservation committee, but would be against this proposed ordinance in its present form.

Mr. D’Emidio said he is generally in favor of the ordinance, but has problems with the cost and scope, and he will have to weigh that when the time comes. 

Mr. Tolley said that the scope and the unbridled ability of the HPC to include anything that stands, rises or sinks in Mendham Township beyond structures, is a carte blanche to tell everyone what they can and can’t do.  It drives up the costs and denies people the ability to reasonably add to their homes and flies in the face of what is happening historically; there is too much attention to architecture and not enough to the personal history of this community, which should be the primary focus.

Mrs. Link agreed with Mayor Pierson and Mr. D’Emidio about the need for the HPC ordinance and would like to see the Township have a year’s time to prevent demolition of some of our most important historic structures, and wouldn’t have a problem with narrowing the scope, but I’m not a builder or engineer.  In general, she said she would like us to have a historic preservation ordinance that would include a delay in demolition.

Chairman Giordano asked Mr. Timpson if it was a correct assumption that he was in favor of the ordinance, and Mr. Timpson said yes.

Mr. Mountain indicated that he shares the views of a number of other Planning Board members in that the HPC is faced with significant challenges in historic preservation, and there is a need for something to be done legislatively.  He is not sure at this point whether this ordinance hits the mark, and he has some concerns about the way the ordinance could be applied by future committees, particularly the question of what is historic and the financial and time hardship costs for residents, particularly for those who could possibly be pushed out of a property but have no choice to sell it for what amount for timing reasons.  Mr. Mountain said he does believe that if the Planning Board can come to some consensus, the ordinance should be put forward to the Township Committee and then the public hearing will weigh in.  He said he is a believer in putting something forward at the appropriate time, but he’s not sure this is it. 

Chairman Giordano said he would prepare a short and concise draft memo to the Township Committee incorporating the views of the Planning Board members.  The draft memo will be distributed to all for comment, and Chairman Giordano placed this matter on the agenda for the September 7 Workshop Meeting.

VON POELNITZ

Draft Resolution PB-04-11 Granting Final Major Subdivision Approval with Conditions

Mr. Osmun, counsel for the applicant, referred to the draft resolution and suggested some changes to coincide with the developer’s agreement, which he prepared.  Mr. Falcon agreed with Mr. Osmun’s suggestions but also offered his preferred changes and read aloud the rewritten paragraph in the draft resolution.

Mr. Tolley made a motion to approve Draft Resolution PB-04-11 Granting Final Major Subdivision Approval with Conditions; Mr. Majorossy seconded the motion.  Roll call – vote all aye, with Mr. D’Emidio and Mr. Mountain abstaining.

Mr. Timpson said he was under the impression the final map needs the name of the road on it and indicated that the HPC has suggested the name of Homan.  Mr. Timpson said Joe Homan, in 1844, donated the property adjacent to Mr. Von Poelnitz’ land on which stands the stone school house originally known as the Homan School , or Mountain School , or later, School No. 3.  He said they checked Homan and found no other Homan’s in Mendham Township or Borough, and it can be Road, Place, Court or whatever.  Mr. Osmun said that Mr. Von Poelnitz has indicated that the name of Homan is fine with him and the final plat will indicate the name before it is signed. 

Chairman Giordano confirmed for the record that the suggested name would be sent to Emergency Services for their input, and the name as finally approved, would appear on the final plat.

SAJ ASSOCIATES, LLC

Draft Resolution PB-04-12 Granting Final Major Subdivision Approval with Conditions

Mr. Mountain advised the Planning Board that he had a productive meeting with Randolph two moths ago, and they verbally agreed to a proposal that would include the extension of service for firefighting and would also include potential extensions for residential use. 

Mayor Pierson made a motion to approve Draft Resolution PB-04-12 Granting Final Major Subdivision Approval with Conditions; Mr. Timpson seconded the motion.  Roll call – vote all aye, with Mr. D’Emidio, Mr. Majorossy and Mr. Mountain abstaining. 

BOARD OF ADJUSTMENT RESOLUTION DATED 7.8.04

Chairman Giordano referred to the Board of Adjustment Resolution re the Annual Report and read aloud the August 2, 2004 , memo from Chairman Richard Brusco.  He said he has no problem with respect to having a member of the Board of Adjustment present, but the memo was not received in time to give them notification of the discussion on the agenda tonight.  Chairman Giordano said he is inclined to delay this discussion until the September 7 meeting, and asked the members of the Planning Board if anyone felt there was a need to discuss this tonight.  Mayor Pierson stated the importance of having the appropriate member of the Board of Adjustment present.  Chairman Giordano asked the Board Secretary to redistribute last year’s Board of Adjustment memo and the Planning Board’s response, and to extend an invitation to welcome Mr. Brusco or his designate to attend the September 7 meeting.

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 9:05 p.m.

Respectfully submitted,

Hope Warrington