MINUTES-MENDHAM TOWNSHIP PLANNING BOARD
REGULAR MEETING – JANUARY 15, 2003

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

ROLL CALL:

Present:   Mr. Giordano, Mr. Tolley, Mayor Pierson, Mr. D’Emidio, Mrs. Kinsel,

Mr. Mountain, Mr. Majorossy, Mr. Timpson, Alt. 1

Absent:  None

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

Mr. Aubin, Environmentalist

Absent: None

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 .

MINUTES – November 18, 2002 , vote all aye, Mayor Pierson abstained.

          December 2, 2002 , vote all aye, Mayor Pierson and Mrs. Kinsel abstained.

          December 18, 2002 , vote all aye, Mayor Pierson, Mr. Giordano abstained.

          January 2, 2003 , vote all aye.  Some modifications were noted.

MEMORIALIZING RESOLUTION PB O3-03 – TUFTS

Mr. Falcon provided clarification about the content and changes following Consultants’ review.

Mr. Timpson expressed concern about the term, “roadscape easement”, from the perspective of the Historic Preservation Committee.

Aware that the hearing could not be reopened, Mr. Van Rensselaer, attorney for Mr. Tufts, explained that the roadscape easement agreed to has since revealed a problem.  The driveway depicted on the map of December 30, 2002 , cuts across the roadscape and may need to be reconsidered.

Mr. Falcon informed everyone that procedurally the Board approved this resolution as it reads, and only scheduling another hearing could modify it.

Mr. Van Rensselaer agreed to return at a later date to make a change to the Resolution.

A motion to approve was made by Mr. Majorossy, seconded by Mr. Mountain; Mrs. Kinsel and Mr. Timpson voted aye; Mr. Giordano, Mayor Pierson and Mr. D’Emidio abstained.  Motion carried to approve.

SAJ ASSOCIATES, LLC

Mr. Mulligan, Esq., Mr. Parker, Surveyor, and Mr. McDonough, Planner, represented SAJ.  Because of several factors arising from previous hearings, Mr. Mulligan stated he wanted to start the presentation from the beginning.  Mr. Giordano noted this would make it unnecessary for Mayor Pierson as the new Board member to listen to recordings of past hearings. 

Mr. Falcon swore in witnesses for SAJ and the Township Consultants.

Mr. Parker stated his qualifications and provided an overview of the project.  Referring to two exhibits, A1 and A2, he indicated the application consists of the following:

·        three six-acre lot major subdivision,

·        Randolph Township on the Northern property,

·        right of ways needed for lot frontage,

·        no new roads are included,

·        a water tank is located on the southern boundary,

·        slope requirements are met,

·        wells or public water still unresolved,

·        minimal land disturbance is planned,

·        septic approval obtained from the Township Board of Health,

·        stormwater analysis was considered,

·        a conservation easement is proposed

Mr. Majorossy asked about plans for retaining walls as they pertain to SAJ plans for Alternate A and B.

Mr. Pierson believed the Fire Official would prefer the fire tank be relocated for more vehicle access.  He asked for Mr. Betz’s written comments.

Mr. Mountain volunteered that an agreement with The Randolph Water Company would likely take place within the year.

Several Board members expressed concern about the number of trees being removed and  asked that the Tree Committee provide written comments.

Mr. Mountain requested an update on the litigation between Mr. Kerzner and SAJ.  There were no new developments.

In response to Mr. Giordano’s question, Mr. Parker affirmed that common driveways were best avoided but were necessary for a short distance compared to the full length of the driveway.

Having failed to get approval from the Randolph Water Company for potable water, SAJ is planning for wells.  Knowing of the Board’s preference to avoid further wells, SAJ will return to ask Randolph after the fire safety supply agreement is reached.

Mr. Pierson stated Kensington already had public water for fire protection. 

Mr. Mountain suggested SAJ coordinate their approach to the Water Company with the Township attorneys.

Mr. Giordano opened the meeting to the public for questions of Mr. Parker.

Mr. Buchanan, Valley View resident, asked if SAJ was willing to obtain water from Randolph at its own expense.  The response was yes.  Their plan is in compliance with land disturbance requirements.

Mr. Sauter, attorney for Mr. Kerzner, asked if the of Township Consultants’ recommendations for accessing the landlocked property was considered.  Mr. Parker responded the plan was designed to avoid variances but does not preclude access to Mr. Kerzner’s property.

The meeting was closed to the public.

Mr. Balut requests further demonstration regarding stormwater management.

Mr. McDonough, Planner, presented his qualifications and was accepted.

SAJ seeks minor relief for the extension of road right of way and shared driveway.  They are otherwise in full conformance with R3 zoning.  Exhibits C1, C2, and C3 were marked into evidence.

Based on the letter dated November 20, 2002 , from the DEP, rare species may exist on the property, and Mrs. Kinsel wants to know how this is being addressed.  Mr. McDonough responded limited land disturbance was proposed.

Following a series of questions about where Lot 35 would potentially have access, Mr. Giordano advised SAJ to prepare for this possibility.  The Board would be reluctant to see them need to come back to change an approved plan if future litigation dictates.

Extensive discussion ensued about various approaches to provide access to this landlocked property.

Mr. Falcon advised the Board that it was wise to reference litigation at this time, but they may reserve the right to reopen the application once the court decision is known.

Mr. Giordano called for Consultant reports.

Mr. Balut reviewed his eleven comments from a letter dated July 11, 2002.   The applicant had made some revisions since his report, but only a few were addressed.  It is necessary to obtain the Fire Official’s latest written comments.

Mr. Kimball summarized his views by stating issues remain regarding meeting frontage requirements, providing adequate fire access and establishing common maintenance of driveways.

Mr. Aubin gave his opinion about addressing problems related to endangered species.  He indicated Mr. Parker responded in his report to most of his comments.  There remain some concerns about soil erosion, seepage calculation, usage per household and the effect of lawn irrigation on groundwater management.

The meeting was opened to the public.

A Kensington resident expressed concern about water runoff onto his property.  Mr. McDonough said this was considered to be the best plan.

The meeting was closed to the public.

Mr. Pierson is disturbed by the testimony.  His concern is that road location resulting from litigation could impact Township residents unfavorably. As a Board representing Mendham Township is there anything we should do to protect ourselves.  It will be discussed at the next hearing.

The next hearing for SAJ was set for Wednesday, February 19, 2003.

BRADBURY

Mr. Carlin, attorney for the applicant, Mr. Villa, Engineer, Mr. Bradbury were present.  This is a minor subdivision with a revised plan dated December 20, 2002, creating two lots with joint driveways.  The new plan is a result of consultant suggestions.

Mr. Falcon swore in witnesses and the Township Consultants.

Mr. Villa’s presentation summarized the application.

Mr. D’Emidio wanted Mr. Betz to comment even though it is not required for a minor subdivision.

Consultant Reports:

Mr. Balut prepared a revised report based on the new plans.  One recommendation is to provide fire equipment passing area and effort to save trees.

Mr. Kimball indicated the new plan eliminates problems raised in the original report.

Mr. Aubin also believed the new plan complies.  He would want a conservation easement for the steep slopes and to save trees, which stabilize slopes.

Mr. Brandbury asked how this would impact the forester he employs.

Mr. Falcon confirmed removal of dead and damaged trees were allowed within conservation easements.

Mr. Carlin agreed to a 50- foot easement with forest management, including the ability to remove damaged trees.  There is also an existing utility easement.

A motion was made by Mr. D’Emidio to direct Mr. Falcon to prepare a resolution to approve a minor subdivision granting seven variances and a conservation easement.  Mayor Pierson seconded the motion, vote all aye.

CORRESPONDENCE

HEARING PERSONS PRESENT

ADJOURN

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 11:10 p.m.

Respectfully submitted,
Lillian Smith, Secretary