MINUTES

MENDHAM TOWNSHIP PLANNING BOARD

WORKSHOP MEETING

DECEMBER 1, 2003

Chairman Giordano called the meeting of the Mendham Township Planning Board to order at 7:35 p.m.

ROLL CALL:

Present: Mr. Giordano, Mr. Tolley (arrived 8:25 p.m. ), Mayor Pierson, Mr. D’Emidio, Mr. Majorossy, Mrs. Kinsel, Mr. Mountain, and Mr. Timpson

Also Present: Mr. Ruitenberg, Attorney (representing Mr. Falcon); Mr. Kimball, Planner; Mr. Balut, Engineer; and Ms. Hallie Connolly-Aubin, Environmentalist (representing Mr. Aubin)

Absent: Mr. Falcon, Attorney; Mr. Aubin, Environmentalist

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 9, 2003 . Notice was posted on the bulletin board in the Township Hall in Brookside , New Jersey , on January 9, 2003 , and Notice was filed with the Township Clerk on January 9, 2003 .

STATEMENT OF EMERGENCY EVACUATION PROCEDURE: “In case of an emergency requiring the evacuation of this room there are two emergency exit doors along the side that you entered. In the foyer you may then either exit down the open stairwell to the exterior or enter the enclosed stairwell and exit to the exterior at the bottom. Then please move away from the building until instructed that it is safe to re-enter.”

MINUTES FOR APPROVAL

September 3, 2003 -- vote all aye, with Mr. D'Emidio abstaining.

October 6, 2003 – vote all aye, with two minor modifications, with Mr. Majorossy abstaining.

SISTERS OF ST. JOHN THE BAPTIST

Memorializing Resolution

Mr. Ruitenberg referred to Memorializing Resolution PB-03-24 and stated that it grants the minor site plan approval by the Planning Board at its meeting on October 15, 2003 , for an above-ground oil tank, and noted that it is subject to inspection and approval by the Fire Official prior to use.

Mr. D’Emidio made the motion to adopt Memorializing Resolution PB-03-24; Mr. Majorossy seconded the motion, vote all aye.

BANKO

Mr. Michael Rodgers identified himself as counsel for the applicant, and stated that Mr. James Banko and Mr. David Fantina, engineer, were also in attendance and available to answer any questions.

Mr. Balut noted that this was matter was heard at the TRC Meeting on October 28, and the two major items that were lacking was the LOI and wetlands delineation. Mr. Balut further noted that the applicant has revised the plans, has submitted application to the Board of Health, and is asking for a waiver of the landscaping plan. He said that the applicant is before the Board to deem completeness and set a hearing date. Mr. Rodgers stated that the applicant is asking for a waiver of the LOI, and noted that they would apply for an LOI if they had to but indicated there are almost no wetlands on the property.

Following a brief discussion, the Board granted a waiver of the Iandscaping plan and deemed the application complete. Chairman Giordano advised that the public hearing for this application would be scheduled for the December 17, 2003 , Regular Meeting, and the applicant will provide the appropriate notice. Mr. Rodgers raised the possibility of a site visit by the Board members, and it was determined that Mr. Banko will advise the Board Secretary when the driveway is staked so that individual site visits may be done by Board members.

STEEP SLOPE DISTURBANCE LIMITS ORDINANCE

Mrs. Link referred to her memo dated November 4, 2003 , which attached a copy of the Ten Towns Committee revised version of the Steep Slope Model Ordinance. Mrs. Link stated that the Planning Board and the Environmental Commission reviewed the Ten Towns Ordinance three years ago and discussed the issue of slope requirements in the over 25 percent category. She recalled that the Planning Board stayed with the current ordinance at that time, and now that Ten Towns has revised the ordinance, it is the Board’s responsibility to review the Township’s requirements with the model ordinance. Mrs. Link noted that Requirement A of the model ordinance has been revised to recommend that no development of slopes 25 percent or greater be permitted and that any disturbance for roadways or utilities by considered a variance condition.

Following a full discussion among the Board members and experts, Chairman Giordano called for a poll and a majority of the Board voted to keep the current ordinance as it is, with Mr. Timpson noting his preference of zero disturbance. The Board also asked Mr. Balut to report back if he sees any potential situations developing that would necessitate further review of the steep slope issue.

BILL PAT, INC.

Mr. Mark Blount introduced himself as counsel for the applicant, Mr. William Bilinkas of Bill-Pat, Inc.

Chairman Giordano then reminded the Board of the need to discuss and give guidance with respect to the November 18, 2003 , memo from Mr. Russ Heiney, Zoning Officer, requesting the Planning Board’s review of approvals for temporary trailers.

Mr. Tolley arrived at 8:25 p.m.

Mr. Blount stated that the applicant is before the Board seeking permission to allow two temporary construction trailers on Block 113, Lot 3, 75 Old Mill Road and asked that Mr. Bilinkas be sworn in as a witness.

Mr. Ruitenberg swore in Mr. Bilinkas.

Mr. Blount questioned Mr. Bilinkas who confirmed that he is the current owner of this property, which is 10.144 acres, and as part of the lot development plan he proposed the placement of two trailers, a field office trailer and a field storage trailer, on this property. Mr. Bilinkas referred the Board to the site plan which shows the location of the trailers. Although the trailers were located much closer to Mosle Road in the original plan, as part of the LDP process, Mr. Hayes of the Tree Protection Committee requested that Mr. Bilinkas move both units closer to the building site, and the revised site plan shows the revised location of the trailers.

Mr. Majorossy asked if there were any steep slopes, and Mr. Bilinkas said no, that it is a relatively flat lot. Mr. Bilinkas said that he hopes the trailers will be located there for less than one year, and he understands that the Planning Board approval would be good for one year.

Mr. Balut noted that his office had reviewed and approved the lot development plan with the knowledge that there were trailers on the property. He said that in reviewing the temporary construction sales office section of the ordinance, he interprets it to be meant for development projects, and the definition of development project is two or more parcels. Given that this is just one parcel, Mr. Balut said it is his opinion that it does not require application to the Planning Board for approval of construction trailers.

A full discussion ensued, and Mayor Pierson suggested setting a guideline for the Zoning Officer that stipulates that an applicant does not have to come before the Planning Board for approval of a job or storage trailer on a single lot. Chairman Giordano asked if there were any members of the Board who were not in agreement with the suggested directive for Mr. Heiney, and there were none.

Mr. Tolley made a motion to approve the two temporary trailers as currently situated on Block 113, Lot 3; Mr. D’Emidio seconded the motion, vote all aye.

Chairman Giordano stated that a memo would be prepared advising Mr. Heiney of the Planning Board’s directive.

LOT SIZE AVERAGING

Mayor Pierson referred to his memo dated November 26, 2003, and noted there are two questions that the governing body has passed on to the Planning Board, which the Planning Board may want to forward to the Master Plan Committee, if they so choose. The first issue involved the subject of backland subdivisions that are located in geographical areas that have been up zoned. The second issue is referenced in a memo dated October 28, 2003 , from Roger Clapp regarding a question raised by Mr. William Munger, a Township resident, as to whether a gift of a conservation easement to an organization would qualify property for lot size averaging under the ordinance.

A full discussion ensued, and Mr. Tolley suggested that legal counsel should review the Kane subdivision as it relates to the latter issue and consider making recommendations to amending the ordinance. Chairman Giordano requested that Mr. Falcon report back to the Planning Board on this matter.

A lengthy discussion ensued regarding the backland subdivisions, and Mr. Tolley suggested the possibility of doing a quick study to assess how many lots remain in the ten acre zones that would be impacted by this. Mr. Balut will provide a report back to the Planning Board at the meeting on February 18, 2004 .

CLOSED SESSION

Mr. Mountain made a motion to adopt Resolution PB-03-25 Authorizing Closed Session; Mr. Tolley seconded the motion, vote all aye.

Upon motion duly made and seconded, the Committee returned to open session at 9:42 p.m.

Chairman Giordano stated that the Planning Board has authorized Mr. Mountain to draft a letter to the Township of Randolph advising that the Mendham Township Planning Board has no objection to the proposed vacation of Tanager Lane easement scheduled to take place at their December 4, 2003 , meeting.

Additionally, Chairman Giordano stated that the Planning Board has requested that Mr. Falcon prepare a letter with respect to the vacation of the right of way on Beverly Drive in accordance with the Irene’s Spring Tree approved plans. Although utility easement rights along the same line have to be retained, the Planning Board is in favor of surrendering access rights but retaining an easement for utilities set at 20 feet.

CORRESPONDENCE

Chairman Giordano referred to the letter from the County of Morris Planning and Development regarding a meeting at the Randolph Municipal Building on December 10, 2003 , to discuss the circulation element for the Morris County Master Plan. A discussion ensued as to the appropriate attendance and/or response to this invitation, and it was agreed that the Board Secretary would contact Mr. Ernie Maw to check on his availability to attend the December 10 meeting and contact Mr. Kimball to discuss the issues involved.

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 9:50 p.m.

Respectfully submitted,