MINUTES - MENDHAM TOWNSHIP PLANNING BOARD

August 21, 2002

The meeting of the Mendham Township Planning Board was called to order at 7:32 p.m.

ROLL CALL:

Present:  Mr. Giordano, Mr. Tolley, Mrs. Kinsel, Mr. Timpson, Alt. 2

Absent:  Mayor Porter, Mr. D’Emidio, Mr. Buchanan, Mr. Mountain,

Mr. Majorossy, Alt. 1

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

Absent:  Mr. Kimball, Planner; Mr. Aubin, Environmentalist

Chairman Giordano called the meeting to order.

SALUTE TO THE FLAG

ADEQUATE NOTICE OF MEETING of the Mendham Township Planning Board was given as follows:  Notice was sent to the Daily Record and the Observer Tribune on January 4, 2002 .  Notice was posted on the bulletin board in the Township Hall in Brookside , New Jersey on January 4, 2002 , and Notice was filed with the Township Clerk on January 4, 2002 .

MINUTES – July 17, 2002 – moved, seconded, and carried to approve.

NYDAM

Mr. Spear, Esq. identified himself as representing the applicant.  He stated they are seeking a completeness determination.

Mr. Balut reported on the outcome of the July 30, 2002 TRC Meeting.  He indicated that previously suggested changes to the plan were made.  A waiver is being requested for completeness on Checklist Item #61, fire protection systems.

Mr. Spear indicated roadway changes were requested and the elimination of the water tank.  He is asking the Board for a ruling on completeness, not on the substance of Item #61. If the Board decides to maintain the requirement following a full presentation at the hearing, then new drawings to include the water tank will be prepared.

Mr. Falcon recommended the requirement to depict the water tank is waived for completeness as an accommodation to the applicant.  The Board will still have the right to decide the necessity of this item.

Mr. Tolley and Mrs. Kinsel wanted assurance they were not forfeiting their right to enforce the requirement during the hearing and by allowing completeness on the item the Board was in compliance with the ordinance.

Mr. Tolley referred Mr. Spear to the letter from Mr. Betts dated August 21, 2002 .  Mr. Spear will conference with their expert on the contents since this was the first they had seen the letter.

Mrs. Kinsel raised the issue of why the plan approved by Judge Stanton included the tank and the tank had since been removed.

Mr. Spear explained he wanted to come to an accommodation with the Planning Board and changes wanted by the neighbors.  He is not arguing the substance of the item at this time.

Mr. Timpson expressed concern about establishing a precedent if this concession was made.

Mr. Giordano stated it was Board policy to rely on its experts.  Mr. Betts clearly advises on the necessity for the fire cistern.  Mr. Giordano believes it is not mandatory to include the tank on the current drawing.  He stressed Mr. Spear be clear on just how sensitive the Board is with the fire issue.

Mr. Tolley is concerned about sending the wrong message suggesting lack of concern for public safety.  He recommends a hearing be scheduled subject to the reinsertion of the tank on the plan.

Mr. Giordano asked Mr. Spear if he would be willing to include the tank on the plan submitted for public hearing on Wednesday, September 18, 2002 .  Mr. Spear agreed.

Mr. Balut advised the applicant that new materials needed to be in the Planning Board office by Friday, September 6, 2002 .

Mr. Tolley made a motion to deem the application complete with the reinsertion of the tank.  Mr. Timpson seconded motion; vote all aye, Mrs. Kinsel abstained.

SAJ ASSOCIATES, INC.

Mr. Giordano read the letter dated August 21, 2002 , in which this applicant requested an adjournment until September 18, 2002 .  Mrs. Smith was asked by Mr.Giordano to prepare a letter to Mr. Mulligan stating the Board’s acceptance.

ORDINANCE 15-2002

Mr. Tolley explained the FAR ordinance was previously discussed at great length some time ago.  This ordinance is basically providing a series of clarifying definitions so that the Board of Adjustment and the Construction Office can interpret more easily.

Mr. Falcon referred the members to Resolution PB-02-20.  Mr. Tolley made a motion; seconded by Mrs. Kinsel, vote all aye in support of Ordinance 15-2002.

DRAFT ORDINANCE – GATE REGULATIONS

Mr. Falcon gave an introduction.  He explained that the Township Committee was asking the Board to review the proposed ordinance.  There is no need for a resolution, but comments in the form of a letter would be appropriate.

Mr. Tolley offered to provide background information.  Demographics have changed in Mendham Township .  There is the ability to build mammoth structures and enclosed compounds.  One of the problems created is emergency vehicle access.  This ordinance attempts to address the issue.

Discussion ensued about the details of the proposed ordinance and the existing situation.  The Board decided a letter would be sent to the governing body supporting this ordinance (see attached).

RESOLUTION PB-02-19

SMITH & DONATO

Mr. Falcon read highlights from the resolution. The key is on Page 2, number 1, a) requiring Board of Health approval. 

A motion was made by Mr. Tolley to memorialize the Resolution, seconded by Mrs. Kinsel, vote all aye.

HEARING PERSONS PRESENT

Mrs. Koste thanked the Board for informing her about the Nydam discussion.

CORRESPONDENCE

1.      New Jersey Planning Officials Fall Educational Program

2.      Ten Towns Lake/Pond Seminar Registration

3.      Morris County Educational Program on September 30, 2002 ; Christopher Falcon

CLOSED SESSION – cancelled as unnecessary.

ADJOURN

There being no further business, the meeting was adjourned at 8:35 p.m.

Respectfully submitted,

Lillian Smith, Secretary