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The meeting of the Mendham Township Planning Board was
called to order at
7:47 p.m.
ROLL
CALL:
Present:
Mr. Tolley, Mayor Porter, Mr. D’Emidio, Mr. Buchanan, Mrs. Kinsel
Mr. Mountain,
Mr. Majorossy
Absent:
Mr. Giordano
Also Present:
Mr. Falcon, Attorney; Mr. Balut, Engineer; Mr. Aubin, Environmentalist;
Mr. Kimball, Planner
Mr. Tolley, Vice-Chairman, 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
–
January 16, 2002
minutes moved, seconded, carried to
approve.
NJ STATE PLANNING PROCESS PARTICIPATION
Mr. Tolley asked Mr. Kimball
to open the discussion by providing a summary of the conference being sponsored
by the Association of New Jersey Environmental Commissions (ANJEC) on
Monday, March 25, 2002
in
Morris
Township
. Mr. Kimball stated
attendance would be useful to both Planning Board and Township Committee members
because the process has potential benefits for the Township, particularly
because of the new Master Plan.
The writing of this Plan was
closely coordinated and consistent with the State Plan and therefore, puts the
Township in a position to take advantage of benefits offered.
It must be decided if the benefits warrant the costs in expense and time.
Several members expressed an interest in attending.
Further discussion will take place at a future workshop meeting.
RIGHT–OF-WAY VACATION REQUEST
Mr. Mountain reported that five months ago
the Township Committee received a vacation request from the residents of
1 and
3 Conifer Drive
. Charlie Balutprepared a report
recommending the Planning Board review and comment on the request before the
Committee responds.
Mr. Balut described the bends in
Conifer Drive
and the location of the public right-of-way which was created to provide
possible access to adjacent undeveloped lands to the east of subject properties.
The concept plan of the applicant, Barsa, presented to the Planning Board
in January, 2001, contemplates utilizing this for a road connection exclusive of
any results of the tower application. The
new zone change will also effect this location.
In his opinion, Mr. Balut believes it is premature to
vacate until further review of access points have been examined by the Planning
Board.
Mr. D’Emidio pointed out similar “stub” road access
were approved many years ago.
Mayor Porter noted a grant was being sought to restore the
detention basin.
Mr. Tolley opened the meeting for public comment.
None was received, and the meeting was closed to the
public.
Members concluded there was no reason the
make the change now and advised Mr. Mountain to inform the Township Committee of
their decision not to change the status of this road.
MENDHAM GOLF & TENNIS CLUB
Mr. Lavigne represented the applicant.
He inquired whether new Board members were sufficiently prepared on
this application. Ms. Smith
indicated that it was deemed unnecessary as there remained five members prepared
and present to meet the quorum for vote.
Mr. Lavigne found this acceptable.
He referred to the Board’s direction two months ago to
“close the gap” existing between the Club and the surrounding neighbors and
reach a compromise. In an effort to
consider the conditions and restrictions, the Club’s entire board and the
tennis committee had a joint meeting. Mr.
John Fedorchak, head of the tennis committee, was present for comment and
questions.
Mr. Lavigne continued by reading correspondence outlining
conditions agreed to as a result of their meeting.
A copy of the list will be made available to the Planning Board.
It does not meet every concern of the Van Rensselears, and Mr. Lavigne
indicated he does not believe this possible.
He asks the board to be the arbiters.
The following is a list of conditions of approval
acceptable to the Club:
1.
Landscape buffering will be completed as proposed to correct and
enhance the original plantings of 10 years ago.
2.
The gate and split rail fence will be reinstalled as indicated in
the 1990 site plan approval.
3.
Footlights along the steps were removed and will not be
reinstalled.
4.
The existing bulletin board will be relocated within the setback
allowance and be single-sided facing the Club property.
5.
The new canvas canopy and windscreens will be completely removed
in the off-season.
6.
Ads for general public tennis lessons will not be permitted.
Instruction will be reserved for club members only and their guests.
7.
The barbeque grill will be kept in storage next to the clubhouse
when not in use.
8.
The color of the new canopy will be a less intrusive solid, dark
green.
Mr. D’Emidio initiated discussion among Board members and
consultants about the size of trees, species, speed of growth, and a maintenance
commitment by the Club.
Mrs. Kinsel indicated there is an existing Township Tree Ordinance
mandating that developers’ plantings live a full year.
It would apply in this
instance as well.
If necessary Mr. Lavigne indicated the Club would agree to
a cash deposit, refundable when the plantings are deemed acceptable to the
Township.
The meeting was opened to the public
Mr. Van Rensselear began by restating the continued
concerns of three neighbors regarding noise and visibility as it now exists. He
made comments expressing a different observation of existing plants than Mr.
Lavigne.
Mr. Moore also a neighbor of the Club made reference to a
letter and photo he submitted at a prior Board hearing.
Mrs. Van Rensselear read her statement detailing her
experiences as a neighbor of the Club over the course of seventeen years.
She believes the gradual increase of noise, visibility of activities,
infractions of conditions to the level existing today have impacted the value of
her home and personal privacy. She
respectfully urges the Board to deny approval.
Mr. Van Rensselear asked Board members and consultants if
any of them were members of the Club or were offered the use of the facilities.
Everyone answered in the negative.
Mr. Van Rensselear read his statement providing extensive
details of his impressions of the Club during the years he has lived there.
He concludes the Club is untrustworthy, challenges their right to receive
a variance, and requests the Board deny approval.
No one else asked to be heard.
The meeting was closed to the public
Mr. Lavigne began his concluding remarks.
In response to Mr. Tolley’s and Mr.
Buchanan’s compliance concerns and Mr. Falcon’s advice for zoning officer
enforcement, he indicated the Club would meet any binding conditions imposed
with Board approval.
Mr. Lavigne summarized the highlights of this case,
emphasizing that the C1 variance requirements were being met.
He urged the Board to vote tonight, as further deliberations with the
neighbors would continue to be unproductive.
Mr. Tolley canvassed members for comments.
Mr. Kimball advised the Board to focus on whether variance
requirements were met before deciding their vote.
He recommended restrictions be imposed in the resolution.
He agreed to prepare a statement to assist members in understanding the
standards of the
C variance and how the Club complies.
Mr. D’Emidio wanted evidence that the Club met all the
conditions before being permitted to construct the canopy.
Mrs. Kinsel declined to support any restrictions that would
appear to tell the Club how to run their operation.
Mr. Falcon recommended Mendham Golf and Tennis first meet
past approvals, followed by strict code enforcement by the zoning officer.
Mr. Buchanan asked the neighbors and the Club to agree on a
two-page list of conditions.
Mr. D’Emidio believes the conditions should be set by the
Board.
Mr. Mountain expressed his concern that “use” could
become intrusive and wanted specific time of day restrictions.
Mr. Lavigne clarified the intent of the expansion of the
canopy area was to provide a place for players to congregate in a shady area,
especially on weekends between
9 a.m.
and
1 p.m.
Board members were unable to vote at this time because
they need an opportunity to review a written copy of
Mr. Lavigne’s oral presentation listing conditions the Club will meet
and those it will not meet.
Mr. Lavigne agreed to
supply this list and to an extension until March 4, 2002.
Mr. Van Rensselear also agreed to provide the Board with written copies
of opposition presentations before the next meeting.
Break:
10:10 p.m. – 10:20 p.m.
BILL-PAT, INC.
Mr. Mark Blount Esq, representing the applicant, and Mr.
Bilinkas were present. Proper notice
was provided to the adjoining property owners.
Final Major Subdivision approval had been given in July, 2001.
At that time Mr. Bilinkas was unaware of the construction
difficulty that developed in building on
Lot
26.03. The vast majority of the
parcel is restricted by wetlands, steep slopes and a non-disturbance area
between the neighboring property. There
is no appropriate place to locate a field office trailer during the course of
construction.
Mr. Bilinkas requests Board approval to use a small
carriage house above the detached garage on
Lot
26 as a temporary construction office during normal business hours for one
year. It will not be used as a
residence now or in the future. It
will be used as a field office for both completion of the new house on
Lot
26.03 and the possible renovation of the existing farmhouse on
Lot
26.
Mr. D’Emidio inquired about the tenant in the farmhouse.
Mr. Bilinkas indicated the same tenant has been there for six years and
has a lease through September 2002. They
have no objections to the use of the carriage house, which had been rented by
Mr. Stewart but is now vacant.
Mr. Mountain asked how septic service will be provided to
the two properties. The current
system would support both properties. Eventually
a new septic system will be built as outlined in final approval.
Mr. Mountain also wanted to know if there is an intent to
convert the carriage house/construction office to a permanent house in the
future. Mr. Bilinkas answered it is
not a legal apartment and does not meet zoning requirements.
He would have to go before the Board of Adjustment to receive approval if
that became the issue.
The meeting was opened to the public.
There being no comment, it was closed to the public.
Motion was made by Mr. D’Emidio, seconded by Mr. Mountain
with a vote of all aye to allow the use of the carriage house as
a field office for one year.
No outdoor storage shall be permitted between the structure and the
street.
CLOSED SESSION
Mr. Tolley read Resolution PB-02-03.
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
11:05 p.m.
Respectfully submitted,
Lillian Smith, Secretary
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