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MINUTES
MENDHAM
TOWNSHIP
PLANNING BOARD
REGULAR MEETING
JULY 16, 2003
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, Mr. D’Emidio, Mayor Pierson, Mrs. Kinsel, Mr.
Mountain
and Mr. Timpson
Absent:
Mr. Majorossy
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
FOR APPROVAL –
May
21, 2003
– TABLED
VON POELNITZ
Application 02-07
Mr. Barry Osmun introduced himself as counsel appearing on
behalf of Mr. Michael Von Poelnitz. Chairman
Giordano noted for the record that Mr. Von Poelnitz and Mr. Scott Wyssling were
sworn in at the last meeting. Mr.
Osmun asked Mr. Wyssling to review the changes that had been made to the plan.
Mr. Wyssling summarized the changes that were made since
the last meeting regarding access for the fire storage tank.
He stated that they moved the passing area to across from where the
storage tank access would be and made it a bit wider at 35 feet and then it
would taper out and would be 20 feet wide from the edge of the pavement.
Mr. Wyssling also said they (1) added the driveway easement which would
be shared with lot 46.01 and lot 46, (2)
added a lot number for the private road and (3) revised the fire storage tank to
be fiberglass.
Mr. Osmun then asked Mr. Wyssling to review the letters
from Messrs Balut and Kimball. Mr.
Wyssling said both the planning and the engineer commented on the driveway
easement and the easiest way to accommodate that is to widen it to 20 feet on
one side. He said the second item in
Mr. Balut’s letter referred to construction being subject to permits on either
lot 46 or 46.01, and Mr. Wyssling said that Mr. Balut was correct and that he
would add lot 46 on the plans. Mr.
Wyssling referred to item 3 in Mr. Balut’s referring to a proposed K-turn.
Mayor Pierson noted that the drawings shows a K-turn and a fence and
asked Mr. Wyssling if the fence would be rounded with the same radius, and Mr.
Wyssling said that was correct and will add a note to that effect.
Mr. Wyssling further stated that he would ensure that both lots 46 and
46.01 are noted regarding all improvements.
He also noted that they added the access easement for the Fire Department
to access the storage tank.
Chairman Giordano asked Messrs. Balut and Kimball if they
had any questions or comments, and they both stated that they were satisfied
with Mr. Wyssling’s responses.
Mr. Falcon raised the concern of the Board regarding not
having the applicant pay premiums on a performance guarantee until a
construction permit is applied for and the appropriate mechanism to be used to
trigger the obligation to post financial guarantees.
A full discussion ensued and it was determined that the issue of posting
of performance guarantees would be included in the developer’s agreement,
which would be provided to the construction official and appropriate notation of
this requirement would be logged into the GIS.
It was also determined that the developer’s agreement would provide
that if the water line and hydrant is upgraded or installed, then the fire
cistern shall not be installed.
Mrs. Kinsel raised the issue of naming roads and noted that
there is an Ordinance with guidelines for the naming of roads.
Mr. Tolley made a motion to open the meeting to the public;
Mr. D’Emidio seconded the motion, vote all aye.
Mr. William Martin introduced himself as neighbors of Dr. Von
Poelnitz and stated that he had prepared an Administrative Notice, with copies
for all parties, regarding Mrs. Guinevere Martin’s right-of-way to driveway to
existing lots 47, 46, 116 and proposed lot 46.
He then proceeded to read the Notice to the Mendham Township Planning
Board. Mr. Osmun stated that this
right-of-way and the right of Mrs. Martin to access that driveway was discussed
at length with the Board at the last meeting.
Mr. Martin and Mrs. Martin inquired about the maintenance of the fire
tank and the Mayor said the fire tank will require little maintenance and what
is necessary will be performed by the Mendham Township Fire Department.
Mr. Martin asked how the driveway will be titled and maintained, and Mr.
Osmun said that is separate lot 46.02 owned by Mr. Von Poelnitz.
Mr. Osmun said that the driveway maintenance obligation will be shared by
the owners of lots 46, 46.01 and 45, and Mrs. Martin has no obligation to
maintain that road.
Chairman Giordano asked if there were any further comments or
questions from the public, and there were none.
Mr. D’Emidio made a motion to close the meeting to the
public; Mayor Pierson seconded the motion, vote all aye.
Chairman Giordano asked for a review of the variances, and
Mr. Osmun reviewed the variances from the original notice served as follows:
1)
location of the existing dog run within the required
sideyard setback for proposed lot 46;
2)
location of the existing driveways and parking area on
proposed lot 46;
3)
location of the existing pool and associated patio and
arbor on lot 46.01;
4)
location of pool and dog run on proposed lot 46 which
are closer to the street;
5)
location of the existing tennis court; and,
6)
the size of lot 46.01.
Mr. Tolley made a motion to have the Township Attorney
prepare a resolution approving Application 02-07, Von Poelnitz Major
Subdivision, Block 116 and Lot 46 granting variances dealing with lot size
46.01, the existing dog run, driveway and parking areas, existing pool, tool
shed, tennis court and the diminimus exception from the RSIS; Mayor Pierson
seconded the motion, vote all aye.
Mr. Osmun requested an authorization for extension of time to
August 31, 2003
, and
placed on the agenda for the
August
20, 2003
, Regular Meeting.
MASEFIELD CONCEPT PLAN
Application 03-03
Mr. Lyn Carlin introduced himself as counsel appearing
on behalf of John and Grace Masefield, and Mr. James Madsen from Apgar
Associates. Mr. Carlin explained
that they were here for a concept review filed for development on lot 52, Block
100, on
Wright Lane
in
Mendham
Township
. He said six building lots were
proposed and submitted in conformance with the requirements.
He further said that this concept plan was presented at a TRC Meeting,
and one particular item that came up was the effect of the Master Plan
requirement regarding traffic plans. Mr.
Carlin said they are interested and concerned with the Planning Board’s
opinion regarding this and requested that the Board listen to Mr. Madsen’s
presentation and then discuss Mr. Kimball’s comments regarding the traffic
patterns.
Mr. Madsen identified himself as a professional engineer,
registered in
New Jersey
, and
employed with Apgar Associates in Far Hills.
He reviewed the proposed subdivision of lot 52, Block 100, a 39-1/2 acre
parcel located in the R-5 zone. He
said this subdivision would include five new lots and one preexisting lot with a
home, and each lot would vary in size from five to ten acres.
Mr. Madsen further described the property and the plans, and noted that
all lots are conforming with requirements of the R-5 zone.
Mr. Carlin stated that Mr. Kimball’s comments at the TRC
Meeting regarding road length and reduced disturbance as much as possible and
led into a discussion of lot size averaging and how this applicant may approach
this issue. Mr. Carlin said that
some of the elements of what lot size averaging is supposed to do, including
protection of the environment and placing the road in an area with as little
disturbance as possible, are being met with this particular application and in
conformity under the current zoning. Mr.
Carlin would like to get the Board’s direction before a formal application is
pursued as to whether it would be preferable to develop this property with
minimal disturbance as far as the right-of-way is concerned or whether the Board
will require a continuation of Carriage Hill Drive.
He noted that the owner of the property is not able to give access all
the way through to
Carriage Hill Drive
.
A full discussion then ensued regarding the many issues that
need to be considered to complete the road through to
Carriage
Hill Drive
.
Mayor Pierson asked where the nearest cistern on
Wright
Lane
is located, and Mr. Balut said
there is a cistern at the intersection of
Wright
Lane
and Saddle Hill and noted that a
road going through to
Carriage Hill Drive
may
require a cistern also.
Mayor Pierson said that if a road were to be put in, we would
want Mr. Masefield to pay for it up to his property line, and then the Township
exercises its right of eminent domain on the property necessary to complete the
connection. As he recalled the law,
if it is a life safety issue, it is usually uncontestable.
It was then decided that the Planning Board Secretary would request input
on this matter from the Fire Chiefs, First Aid Squad, Police Department and Mr.
Jeff Betz, Fire Official.
Mr. Kimball stated that one of the nice attributes of this
subdivision is that the Township character is in that area, and according to
this layout, it will have a rural feel because what you will see in this
subdivision is the ten-acre lot 6, which is a large open space and contains much
of the constrained land.
Mr. Timpson asked for clarification from Mr. Carlin, since he
addressed the subject of lot size averaging at the start of the meeting, as to
whether the applicant would be presenting a lot size averaging plan.
Mr. Carlin said there were very good reasons, mostly environmental, for a
lot size averaging plan and noted that this 10-acre piece does a lot to preserve
the environmental nature of this property. He
further said that they are trying to move forward under the existing ordinances,
while at the same time addressing the concerns a lot size averaging ordinance
would be concerned with.
Chairman Giordano stated that he had drafted a letter to the
fire chiefs, first aid squad, police and Mr. Betz, and confirmed that Ms.
Warrington would forward this letter with a copy of the plans requesting their
respective responses by
August
28, 2003
. Chairman
Giordano then placed this matter on the agenda for the
September 3, 2003
, PB
Workshop Meeting.
DRAFT
LOT
SIZE AVERAGING ORDINANCE
Mr. Tolley introduced the discussion on the draft lot
size averaging ordinance and noted that they as the committee had worked on the
Master Plan, they recognized the value of giving people a little more freedom in
terms of development. He then
referred to his letter dated July 7 with the attached draft ordinance, and asked
Mr. Kimball to proceed with the presentation.
Mr. Kimball suggested using Mr. Tolley’s letter, which breaks down the
policy issues they focused on in developing the ordinance.
Full discussion then ensued regarding the issues in Mr. Tolley’s letter
and the draft ordinance, including the Colt’s Neck Ordinance, open space and
bonus lots.
Chairman Giordano summarized that this special committee of
the Planning Board has brought forward to the Planning Board a draft ordinance
on lot size averaging, which could then be recommended to the Township
Committee. Mr. Giordano then asked
if there were any questions or comments from the public, and Mr. Tolley
emphasized that this is a preliminary discussion not a final ordinance.
Mr. Ray Nadaskay introduced himself as Chairman of the
Historic Preservation Committee and a member of the Open Space Committee.
He said the Open Space Committee is in the process of developing an open
space plan and one of its strongest proponents is continuity of open space so
that there is an opportunity to have more usability of the open space.
He said he personally feels that private open space could be an
additional incentive, takes the burden of the maintenance of the property off of
the Township and puts it back in the hands of the immediate community,
especially if it doesn’t fall within the Master Plan of the open space plan.
Mr. Lawrence Irene introduced himself and said he was a
little confused about private and public open space.
Mr. Kimball said that inherent to lot size averaging is the idea of
allowing a developer to create some big lots that might go well beyond what you
need for your new home and some of that land may be considered open space.
He said Mr. Balut suggested giving an additional bonus lot for every 20
acres that would be created as an open space parcel that could not be developed
or would have some kind of restriction from development.
Further discussion continued regarding this concept.
Chairman Giordano summarized the two open issues he had:
(1) the language with respect to the Colt’s Neck Ordinance on public
open space, and (2) the concept of whether or not there is a bonus for private
open space of 20 acres or more. Mr.
Tolley also noted the minor change in Section 2, Item C – removal of the word
“undeveloped,” and on page 2, revising “b.” by revising it in a legal
framework to improve the language so that it says exactly what is intended.
Mayor Pierson stated that he has two problems.
The first is that this ordinance, as it is now, may be changed in three
or four years depending on what the Township experiences with it, and he feels
that having public open space is the more conservative way to go.
The second problem he has is philosophical as to whether we should use
our powers as a government to provide incentives for a builder to make the
builder rich or to provide private land for one group of people and the rest of
the people would be denied use. The
Mayor reiterated that he has a problem on the philosophical side and also with
going too far with an ordinance from the very beginning.
Mr. D’Emidio expressed his opinion that he prefers the
public open space and tends to agree with the Mayor whereby the owner only gets
the bonus lot if he gives the property to the Township or some type of
Foundation that will allow public use.
Mr. Tolley said that the issue appears to be what is public
open space, it seems to be a gray area, and it needs to be defined.
Mrs. Kinsel said that as a start with the ordinance, she
doesn’t care who holds the property but it has to be open to the public to
qualify for a bonus.
Mr. Kimball suggested adding, for the purposes of this
ordinance, the definition of public open space.
Mr. Timpson said that his primary objective is to preserve
the character of the town, and agreed with the Mayor’s view.
Mr. Mountain also agreed with Mr. Timpson and Mayor Pierson,
and further discussion ensued among the Board.
Mr. Tolley made a motion to pass the draft ordinance on to
the Township for their consideration; Mr. D’Emidio seconded the motion, vote
all aye.
Chairman Giordano confirmed that the draft ordinance will be
modified with the appropriate changes and passed along with a letter he has
drafted to the Township Committee.
Chairman Giordano then called for a five-minute break at
10:25 p.m.
, and the meeting resumed at
10:30 p.m.
DRAFT HISTORIC PRESERVATION ORDINANCE
Chairman Giordano said that based upon the scope of work
that has been done of the draft Historic Preservation Ordinance, he suggested
that they begin this discussion tonight and then place this matter on the
September 3 meeting agenda for further discussion.
Mr. Timpson expressed his concern that time is of the essence
concerning this draft ordinance because there are two historic sites that are
currently in jeopardy. He then
introduced Mr. Ray Nadaskay and Mr. Tracy Kinsel to begin the presentation.
Mr. Nadaskay stated that the Historic Preservation Committee
(HPC) is looking at a Historic Preservation Ordinance that will require an
applicant to get a building permit to come and visit the HPC.
He said that in the case of an individual, they need to do nothing but
listen to the HPC and hopefully they will take advantage of their comments and
advice. Mr. Nadaskay said the HPC
would also be advisory to both the Planning Board and the Board of Adjustment.
He said that the last part in general has to do with the demolition of
historic buildings, and it is very difficult for the HPC to prohibit demolition.
In this situation, the HPC would try to delay the demolition long enough
to convince the applicant not to do it or to find an alternative, such as a
purchase or requesting a developer to move the building elsewhere.
Mr. Tolley noted that there are a couple of versions of this
draft ordinance, and he questioned which version of the draft ordinance is
currently being discussed, and Mr. Timpson explained the various versions.
Mr. Tolley said that it is important that everyone is reviewing the
correct version because there are some dramatic differences between the drafts
that are circulating around.
Mr. Timpson said that the HPC has taken this draft ordinance
to the Township Committee and the Board of Adjustment, and the Planning Board is
the last group to review this draft. Mayor
Pierson wanted the Planning Board members to know that the Township Committee
has not yet reviewed this draft ordinance in the detail that they will when it
comes back to the Township Committee.
Mr. Timpson stated that this draft ordinance is consistent
with the Master Plan and reviewed the goals and policies on page 1, as well as
the Historic Preservation Plan on page 66.
Mr. Timpson then welcomed comments and questions from the Board members.
Mrs. Kinsel confirmed with Mr. Timpson that the memo from
Roger Clapp with his recommendations for this ordinance had not yet been
incorporated into the current draft.
Mr. Tolley asked if the HPC is an advisor only throughout
this document, and Mr. Timpson said they are certainly advisory in matters of
renovation, restoration and rehabilitation, but there is still a question in his
mind about demolition as to whether they are advisory or regulatory because they
may mandate as long as a one-year delay for demolition.
The Mayor said that the difference between those is not clear.
Mr. Tolley inquired as to how many historic districts there
are, and Mr. Timpson said there are six and they are working on a seventh.
Mr. Tolley asked if Mr. Timpson could enumerate the housing styles to be
significant in those six districts, and Mr. Timpson said yes.
Mr. Nadaskay elaborated by saying they are not homogenous and every
district contains four or five styles, and we have buildings in the Township
that date from the early 1700’s, which are Early American houses, East Jersey
cottages, high Victorian, Greek Revival and homes purchased from Sears Roebuck.
In actuality, the definition does not have anything to do with the style
but it has to do with the age of the building, and we refer in the ordinance to
homes 60 years or older and is indicated upon the maps that are on the wall in
the back of the room. Mr. Tolley
said he did not see a definition of 60 years mentioned in this document, and a
full discussion ensued about the definition of historic.
Mayor Pierson suggested that the Board starts going through
the document page by page, and Mr. Tolley indicated that he wanted to set a
framework in order to better understand.
Chairman Giordano asked for questions or comments from the
Board regarding the first page of the draft ordinance.
He raised a question of whether the Township Committee is allowed to form
a body, advisory or not, that could require construction to be both visually and
physically compatible with a historical style.
Mr. Falcon said that the MLUL does allow the creation of such a body, and
a full discussion ensued regarding this.
Mr. Nadaskay said that it is very important to know that the
persons who sit on this commission are highly qualified people who will just
provide advice. Chairman Giordano
raised the matter of
Class A, B and C individuals serving on this Committee,
reimbursement of expenses, and the possibility of incurring expert fees.
Mayor Pierson said that when this Ordinance gets to the Township
Committee, the members will be appointed by the Township Committee.
Mr. Tolley stated that there are an incredible number of
issues and questions involved in this discussion, and he suggested moving this
discussion to the September 3 meeting.
With input from the Board, Chairman Giordano placed
discussion of the draft historic preservation ordinance on the agenda for the
September 3, 2003
, PB
Workshop Meeting.
RESOLUTION PB-03-17
CLOSED SESSION
Mr. D’Emidio made a motion to adopt Resolution PB-03-17
Authorizing Closed Session; Mayor Pierson seconded the motion, vote all aye.
Upon motion duly made and seconded, the Committee returned to
open session at
11:25
p.m
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 11:25 p.m.
Respectfully submitted,
Hope Warrington, Secretary
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