MINUTES - MENDHAM TOWNSHIP PLANNING BOARD

JULY 17, 2002

The meeting of the Mendham Township Planning Board was called to order at 7:34 p.m.

ROLL CALL:

Present:  Mr. Giordano, Mr. Tolley, Mayor Porter, Mr. D’Emidio, Mr. Buchanan,

Mrs. Kinsel, Mr. Mountain, Mr. Majorossy, Alt. 1; Mr. Timpson, Alt. 2

Also Present:  Mr. Falcon, Attorney; Mr. Aubin, Environmentalist; Mr. Quinn, Engineer

Absent:  Mr. Kimball, Planner

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 – June 19, 2002 – moved, seconded, and carried to approve.

SMITH AND DONATO

Mr. Lieberman introduced himself as the attorney representing the applicants, who were both present to testify.  He announced that adequate notice was provided to the adjoining property owners, and he submitted the results of the mailing to the Board secretary.  Mr. Falcon deemed it acceptable after reviewing the materials.

Mr. Giordano requested that Mr. Falcon swear the witnesses and Township consultants.

Mr. Lieberman called Mr. Smith as the first witness.  Mr. Smith explained he approached the Donatos regarding the lot line adjustment because he was thinking of building of a pool.  The land exchange would result in realigning the properties so they would be a more rational and useful lot designs.  Specifically, the Smiths would benefit because they could achieve the necessary setback allowances required for a potential pool.

Mr. Buchanan had some questions about the map.  Mr. Lieberman clarified that three slightly different maps were submitted on different dates in order to meet Board requests for well locations and setback lines.

Mr. Buchanan had questions about the locations of wells and septic systems on both properties.  Mr. Smith described the systems based on information he had been given about the property at the time of purchase.

After some discussion, it was established that the Smith property was flat in the area of the proposed pool, the second dwelling on the property has its own septic system, and the Parish property at 36 Ironia Road will not be impacted by the existing septic system.

Mrs. Donato, 48 Ironia Road , was called to testify.  She stated she and Mr. Donato supported the lot line adjustment.  In regard to the failed septic system, she supplied a letter dated July 17, 2002 , confirming that Peach Brothers was hired to install a new septic system in early August.  Mendham Township Board of Health had granted approval on July 3, 2001 to correct the system.

Mr. Alias, Engineer and Planner, Parsippany, provided his credentials and was accepted by the Board as a qualified expert.  He testified that he reviewed the map for placement of septic systems and reserved areas. They were satisfactory.

Mr. Giordano asked if a written report was submitted.  Mr. Alias said there was no written report.

Following comments and concerns by Board members, particularly regarding reserve areas, Mr. Giordano reminded the Board that septic systems came under the jurisdiction of the Board of Health.  He referenced Mr. Balut’s letter stating that any action taken by this Board would be subject to approval by the Township Board of Health.

Discussion was opened to the public.

Mrs. Nicholson, 52 Ironia Road , asked to address the Board.  As background, she reported that she and Mr. Nicholson were previous owners of the Donato property.  When they purchased the property over 15 years ago, the septic was unopened but the contract was accompanied by a continuous use certificate.  That is how the Nicholsons sold the house to the Donatos.

She added that the Donatos had the opportunity to do a complete inspection of the property by a professional before closing on the property.  The Donatos chose not to do this.  The system failed within the year.  The Donatos filed suit against the Nicholsons claiming they were responsible for the failed system.

When the legal burden became too financially and emotionally overwhelming, Mrs. Nicholson and her husband agreed to settle.

Although the Donatos took out a permit to replace the system over a year ago, it was not done.

The reason for her appearance tonight is to state she had no objection to the lot line adjustment.  However, Mrs. Nicholson wanted to stress as a neighboring property owner that the Board consider the importance of ensuring a replacement to the dysfunctional septic system.  She appreciated being notified of this hearing.

Discussion was closed to the public.

Mr. Giordano asked Mr. Quinn to present Mr. Balut’s written report.

Mr. Quinn repeated two comments from the report.  First, the new common lot line requires a waiver, and second, action taken by the Board shall be subject to approval by the Township Board of Health.

Mr. Giordano asked if there was a time line regarding the Board of Health’s approval of the septic.

Mr. Quinn volunteered information he received from Mr. Kneip, Maser Consulting’s representative to the Mendham Township Board of Health.  He submitted a copy of Mr. Kneip’s letter dated June 24, 2002 to the Board of Health secretary.  Copies were then provided to Board members for their review.

The letter states that Mr. Kneip reviewed the Smith/Donato application.  He asked the applicant’s professionals to respond in writing to his questions prior to final approval.  In addition, he requested the applicant to forward a copy of the approved plan so he can determine if it conflicts with the lot line adjustment.

Mr. Aubin reported this application is exempt from the requirement of an Environmental Impact Statement and recommends the requirement for a Letter of Interpretation be waived.

Mr. Giordano addressed Mr. Lieberman.  He stressed his strong concern for obtaining assurance that the applicants install the septic system.

Mr. Liberman suggested Board approval might include a condition that the septic be installed.  He further agreed to meet all the requirements set forth.

Mr. Giordano suggested the Board approve the application, deny it, or approve subject to the installation of a new septic system and approval by the Board of Health.

Mr. Falcon clarified that there is a 120 window to decide on this application.  He also stated the subdivision will not happen unless it meets Board of Health standards.

Following comments supporting the Chairman’s position, Mr. Tolley made a motion to authorize preparation of a resolution to approve the application with conditions and variance, seconded by Mr. Majorossy, vote all aye.

HEARING PERSONS PRESENT

CORRESPONDENCE

Mr. Giordano directed everyone to note the SAJ Associates letter requesting a hearing of 21, 2002.  An extension form needs to be signed by the applicant.

After polling Board members for their availability to attend the meeting on August 5, 2002 , that meeting was canceled.

As Chairman of the Master Plan Committee, Mr. Tolley raised the issue of providing additional funding to develop zone district standards for Woodland Lake .

Mr. Giordano referenced a letter he received from Mr. Kimball regarding Woodland Lake Rezoning.  The estimated budget for the project is $4,000.  He will discuss the appropriate procedure with Mr. Mountain.

ADJOURN

There being no further business, the meeting was adjourned at 9:00 p.m.

Respectfully submitted,

Lillian Smith, Secretary