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MINUTES
MENDHAM
TOWNSHIP
PLANNING BOARD
REGULAR MEETING
JULY 21, 2004
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 (arrived
7:48 pm
), Mayor Pierson, Mrs. Link, and
Mr. Timpson
Absent: Mr.
D’Emidio, Mr. Majorossy, and Mr. Mountain
SALUTE TO THE FLAG
ADEQUATE
NOTICE of this meeting of
the Mendham Township Planning Board was given as follows:
Notice was sent to the DAILY RECORD and the OBSERVER
TRIBUNE on
January
8, 2004
. Notice
was posted on the Bulletin Board in the Township Hall in
Brookside
,
New
Jersey
on
January 8, 2004
, and Notice was filed with
the Township Clerk on
January
8, 2004
.
MINUTES – None
VON POELNITZ
Mr. Barry Osmun introduced
himself as counsel for the applicant, and stated that Mr. Von Poelnitz and Mr.
Scott Wyssling, engineer for the applicant, were also present.
Mr. Tolley joined the meeting at
7:48 p.m.
Mr. Osmun said that a revised developer’s
agreement and common driveway easement had been sent to Mr. Falcon on June 21,
and he had not received any comments to date.
Mr. Wyssling noted that they had met with the Technical Review Committee
and minor comments were added to the plan dated 6/29/02 with a revision date of
4/30/04, such as showing the lot across the street, the presence of absence of
wetlands, and other clean-up items. He
also said the construction plans with an original date of
4/30/04
were submitted. Mr. Osmun stated
that letters were received from the professionals, and he would like to address
the items in those reports. He said
Mr. Balut made a comment relative to the fire storage access easement, and his
concern was not just access easement but maintenance as well.
Mr. Osmun said he believed that the revised easement provides that upon
construction of the tank, it would become the property of the Township and the
Township would maintain it.
Mayor Pierson asked what has been done in the
past, and Mr. Balut indicated that it was Mr. Clapp’s opinion that the
Township would maintain it. Mayor
Pierson said he was thinking more about the gravel driveway, how our trucks
would plow up to it, and where the apparatus would get to it.
Chairman Giordano raised the possibility of removing the word access from
the plans and having Mr. Von Poelnitz’s driveway easement include this gravel
portion in front. Mr. Wyssling
stated that they could make that revision to the plan and resubmit.
Mr. Osmun noted that any comments or revisions that are made to the
easements could be provided prior to the signing of the plat.
Mr. Falcon noted for the record that he had received the necessary
documents from Mr. Osmun, and they were forwarded to Mr. Clapp on June 28.
Mr. Wyssling addressed the issues referenced in
Mr. Kimball’s letter on the last page:
1)
Presented copy of the approval received from
MCSCD;
2)
Presented copy of approval from Morris County
Planning Board;
3)
Presented copy of the approved resolution from
the Board of Health;
4)
NJDEP – since they didn’t have any wetlands
on the site and had Environment Technologies prepare a report, they were not
required to do that; and
5)
Since not proposing any new construction at
this time, there is no need to request water services.
Mr. Kimball stated that Mr. Wyssling’s
comments addressed the issues.
Mr. Wyssling raised the need for a street name
to be discussed. Mayor Pierson
stated that, in the past, they have required two houses on a street to have a
street sign for emergency services purposes.
He suggested that the Historic Preservation Committee consider this and
provide suggestions for names and further noted that the owner is required to
have a concrete marker, which the Township buys and installs.
Mr. Balut noted that a new street would require a change of address for
the applicant.
Chairman Giordano noted for the record that Mr.
Timpson would take the request for name suggestions to the Historic Preservation
Committee.
Mr. Kimball said he was satisfied with issues
addressed in his report, but also wants to be sure that the requirements in the
conditions of approval have, in fact, been satisfied before this is perfected.
Mrs. Link asked the rest of the Board if there
was any interest, when discussing final applications, in requesting that a copy
of the conservation easement and map be filed along with the deed.
Mr. Falcon stated that the conservation easement will go on record and
that anyone performing a search will find it.
Mrs. Link indicated that the Environmental Commission is working on a
project to help educate property owners with conservation easements and where
they are located. Mr. Falcon said
that they would have to amend the ordinance to provide that.
Mrs. Link explained that it is the idea of having a reduced map to
accompany the deed, which will show the property owner where the conservation
easement is located. Mr. Osmun
stated that he had no problem attaching a reduced map of the easement to the
deed.
Mr. Tolley made a motion to authorize Mr.
Falcon to prepare a resolution granting final subdivision approval of the Von
Poelnitz application; Mayor Pierson seconded the motion.
Roll call vote – all
aye.
SAJ ASSOCIATES, LLC
Completeness
Chairman
Giordano stated for the record that the applicant, SAJ, and Mr. Brian Mulligan,
counsel, are before the Board to seek completeness of the final major
subdivision application, and if complete, to move forward with the public
hearing.
Mr. Balut
stated that there were four technical issues discussed at the TRC Meeting:
1)
The
fire tank was required during the preliminary and was added to the plan;
2)
property
owners of adjacent lots in the Township to be added to the plan;
3)
proof
of Board of Health approval for water supply to be submitted;
4)
proof
of Board of Health approval for disposal systems to be submitted; and
5)
waiver
of the two minor items on the checklist.
Mr. Tolley
referred to a letter from the Fire Official dated
June 22, 2004
, and Mr. Balut explained that the applicant wanted
to get started on building permits for the lots and asked Russ Heiney and the
Fire Official for a temporary means of fire protection.
He said that the letter from Mr. Betz indicates that he is not in favor
of proceeding in that manner. Mr.
Tolley noted that this seems to indicate that just a fire hydrant will not meet
the Township’s standards. Mayor
Pierson said it would meet the requirement for Kensington because the Township
looks for a solid water source. In
the past, he said we have had temporary tanks put in holding 10,000-20,000
gallons of water, and he doesn’t know whether that is still something that Mr.
Betz wants. Mr. Tolley said that
water tank
is virtually useless because of the location.
Mayor Pierson said that if, from our point of view, negotiations with
Randolph
Township
are coming to a favorable conclusion, they are
going to allow us to have hydrant connections, and he thinks the governing body
would approve it quickly because it is a known supplier.
He believes that Mr. Betz thinks the hydrant on Kensington will work, but
that an underground fire tank on Tanager would be required.
Mr. Balut said that the applicant now has one vacant lot on Kensington
where there is a hydrant and can actually start building on that lot.
He further said the applicant couldn’t build a second house until he
has final approval and the water situation is resolved with a possible
agreement.
Mr. Falcon
stated that he had reviewed the documents submitted by Mr. Mulligan and noted
that the conservation easement needs to be revised, but that is something that
can be carried through to final. He
further said that if the Board is satisfied, the application can be declared
complete. Mr. Balut stated that the
applicant’s plan has been revised for completion.
Chairman
Giordano asked the Board if there was any objection to declaring the SAJ
application complete. Mr. Timpson
asked about the litigation with Mrs. Kerzner, and Mr. Falcon stated that the
case was in favor of the Planning Board and the applicant, and unless it is
appealed, the case is closed.
Mr. Tolley
made a motion to declare the SAJ application complete; Mrs. Link seconded the
motion. Roll call vote – all aye.
SAJ
ASSOCIATES
Final Major
Subdivision Application
Chairman
Giordano stated for the record that if there was no objection, the Planning
Board would move into consideration of the final major subdivision application
of SAJ Associates. There was no
objection, and Mr. Balut proceeded with discussion of his report dated
July
15, 2004
.
Mr. Balut
said there were a few items to be addressed:
1)
the
final plat does conform to the preliminary approval;
2)
the
water issue – if indeed the applicant goes with public water, then should be
revised construction plans at the least to show the water connection and removal
of the fire cistern from the plat;
3)
he
has received the construction cost estimate from the applicant so he can
establish the bonding requirements for the resolution;
4)
he
has received the metes and bounds description for the fire tank, but needs the
metes and bounds for the water line prior to the maps being filed; and
5)
we do
need a maintenance agreement that the owners of the two property owners off of
Tanager will be responsible for the maintenance of the driveway up to the fire
hydrant and/or cistern.
Mr. Kimball
asked if the fire cistern will not be installed and will instead be a water
line, but if a water line cannot be constructed at this time because there is no
agreement, is it the applicant’s intention to bond that improvement?
Mr. Mulligan said that given that it looks like they are going to have
water, they won’t put in the cistern but will put up a bond for it.
Mr. Balut said the Township normally does not bond utilities, and the
applicant would bond for the cistern. Mr.
Balut said that normally what happens is that the applicant bonds with the water
company separately. Chairman
Giordano asked if it could be listed as a cistern/fire hydrant if it is bonded,
and Mr. Mulligan said it would be listed as a fiberglass water tank at $40,000.
Mr. Kimball stated that if it hasn’t been installed and the applicant
changes hands, then the Township would be the agent to ensure it would happen.
Mr. Mulligan
referred to Mr. Kimball’s report dated
July 13, 2004
, and reviewed the conditions of approval:
1)
will
submit revised conservation easement to Mr. Falcon tonight;
2)
the
developer’s agreement will come after final approval;
3)
LDP—
if we need a wall in excess of five feet, building calculations will be
submitted, but in their estimation, it will not exceed four feet;
4)
water
supply – covered;
5)
water
supply – covered;
6)
have
submitted proposed agreement providing for driveway access and Mr. Falcon has
reviewed;
7)
will
pay required fees; and
8)
satisfaction
of conditions.
Mr. Kimball
noted that the easement documents needed to be reviewed by Mr. Falcon and also
noted that he found in his review that there’s a 20-foot utility agreement.
He asked if the applicant was going to be filing a file map to reflect
this utility easement in the deeds, and Mr. Mulligan stated they were going to
file the map. Mr. Kimball asked
about the other approvals, and Mr. Mulligan said that the Morris County Planning
Board has given the applicant an exemption letter; and there is a Board of
Health resolution approving the design of the sewage disposal systems.
Mr. Kimball noted that confirmation is needed of approval from the Morris
County Soil Conservation District.
There being
no further questions, Mrs. Link made a motion to instruct Mr. Falcon to prepare
a resolution grant final major subdivision for the applicant, SAJ Associates;
Mr. Timpson seconded the motion. Roll
call vote – all aye.
Chairman
Giordano placed consideration of the draft resolution for approval on the agenda
for the
August 18, 2004
, Regular
Meeting.
CROSS ACCEPTANCE PROCESS
Mrs. Link
stated that she would give a quick overview of the questionnaire with the
Planning Board and then Mr. Kimball would comment on the COAH rules.
Mrs. Link reviewed the questionnaire and fully explained the answers
provided and noted that the target date shown on the questionnaire is 2020 but
the actual date is 2025. She said
she will keep the number at 2025 and will send a comment indicating that it
doesn’t affect our numbers because the committee has made the assumption that
Mendham
Township
will be built out by 2020.
On behalf of the Township, Mayor Pierson thanked Mrs. Link and the
committee for all of their work on this effort.
Mrs. Link said she wanted to be sure the questionnaire is acceptable with
the Planning Board and complete, and if so, will be submitted.
Mr. Kimball
said another comment period is beginning with the republishing of the revised
COAH rules. He said if everything
goes well, there are important changes in these new rules that all
municipalities would need to be aware of, and he proceeded to provide a brief
overview. Mr. Kimball advised that
the Township should be conservative in their estimate for growth, and he said
Mrs. Link and committee members have taken that into consideration.
Chairman Giordano asked Mr. Kimball if he was suggesting that the period
go to 2030 or 2040 as opposed to Mrs. Link’s comment that the Township is
built out by 2020. Mr. Kimball said
it is important and to the Township’s advantage to be as accurate as possible.
Chairman Giordano asked Mrs. Link if this questionnaire needed to be
recommended to the Township Committee, and Mrs. Link said she was leaving it up
to the Mayor but the intent was for the committee to take a report to the
Township Committee; the county or state planning commission does not require it.
A full
discussion then ensued among the Planning Board members and experts regarding
the questionnaire and associated issues including available buildable land, the
newly revised COAH rules, and the
Highlands
legislation. Mr.
Tolley suggested that the Planning Board consider the effect on the Township of
the newly revised COAH rules and
Highlands
legislation as an element for next year’s budget
as some planning expertise will be needed to supplement any voluntary committee.
A motion was
duly made and seconded to open the meeting to public comment on the Cross
Acceptance questionnaire.
There being
no public comment, upon motion duly made and seconded, the meeting was closed to
the public.
Chairman
Giordano requested the Planning Board’s permission to execute the Cross
Acceptance questionnaire; vote all aye.
BACKLAND
LOT
ORDINANCE
Mr.
Balut provided handouts indicating the backland subdividable lots and
traditional lots, as he previously did for the 3, 5 and 10-acre lots.
He said the Board wanted to see the balance of the Township, and the
bottom line is -- it looks like the number of lots are the same ratio of the
3-5-10
acres.
He said most of these lots have houses in the middle of the lots and we
would have to go through each lot and determine the potential.
Mr. Timpson said that some of the lots are listed as
both traditional and backlands, and Mr. Balut indicated that if you have
enough acreage for backlands, you certainly have enough for traditional.
Mr. Balut further said there is quite a bit of land out there for
potential development and the Township needs to look at the flag lot ordinance
and rewrite it to reduce the potential for a Nydam situation.
Mr. Tolley suggested a review of the previous study done as part of the
critical resources study by Mr. Aubin and the Environmental Commission.
Mr.
Kimball reiterated the need to avoid the Nydam situation and that the ordinance
requirements were giving an incentive for building a new public road for one
lot. He said the two options
discussed at the last meeting were 1) to keep the backlands lot requirement the
way it is now but avoid getting into the Nydam situation by granting the
variances that would be necessary to avoid it, and 2) eliminate the backlands
lot ordinance altogether or the flag lot provisions.
Mr. Balut said that the current ordinance is pretty good and similar to
some of the ordinances from other towns, but there are two things that need to
be addressed – 1) the double
acreage in the ten-acre zone is a big question mark, and 2) the issue about the
public road being built for a single lot. He
said the ordinance could be left the way it is if those two issues can be
addressed.
After
further discussion, Mayor Pierson suggested that Mr. Balut and Mr. Kimball
review our backlands lot ordinance and provide some possible modifications to
the ordinance to the Planning Board for consideration, and Mr. Balut and Mr.
Kimball agreed. In addition, Mr.
Falcon indicated he would prepare a memo in collaboration with Mr. Balut and Mr.
Kimball to address his concerns with the ten acres.
Chairman Giordano placed further discussion of the backlands lot
ordinance on the agenda for the
September 7, 2004
, Workshop
Meeting.
DRAFT HISTORIC PRESERVATION ORDINANCE
Mr.
Timpson offered to postpone discussion on the draft HPC ordinance due to time
constraints, and Chairman Giordano placed this item first on the agenda for
discussion at the August 18, 2004, Regular Meeting, noting that the August 2,
2004, Workshop Meeting is to be cancelled.
CORRESPONDENCE
1)
Letter from Stephen E. Barcan, Esq., of Wilentz
Goldman & Spitzer re the Masefield property and Mr. Marc Ecko.
Chairman Giordano referred to Mr. Barcan’s letter and the
conceptual subdivision plan provided and asked Mr. Barcan to begin his
presentation.
Mr. Barcan introduced himself as counsel representing
Mr. and Mrs. Marc Ecko on the Masefield property.
Mr. Barcan stated they are aware of the concept plan that has been
previously presented by Mr. Masefield to the Planning Board.
He said that the Ecko family is the potential purchaser of the Masefield
property, and their plan would be to do three lots and referred to the sketch
provided. Mr. Barcan noted they are
in the due diligence period through the end of July, and he extended his
appreciation to the Planning Board for allowing this presentation to seek
reaction and input before the applicant makes a decision whether to proceed with
purchasing the property. He further
said the difference with this plan is that the Ecko’s only want three lots and
the houses would be for Mr. Ecko and other relatives.
Mr. Ecko would not want the paved road and does appreciate the interest
and passionate view of the Fire Department, but they feel this fire connection
is more of a circulation element. Mr.
Barcan expressed his client’s view that if the road had to be paved all the
way through, he would not proceed with the purchase.
Mr. Christopher Hager, engineer for the applicant,
referred to an aerial view of the site and gave an overview of the number of
homes, cul de sacs and dead ends in the area.
He also said that if the road were required to go through, it would not
work for the client, who is not a developer and not interested in the public
road. Mr. Hager said that if, in
fact, this property were ever to be subdivided into four lots, the public street
would need to be constructed in accordance with the RSIS, and this is something
his client would definitely work on with the Planning Board.
He explained that they used the Masefield plan and combined the lots so
the alignment is very close to what has been proposed by the Masefields.
Mayor Pierson asked Mr. Hager to point out the cisterns
on the map, and he pointed out four and noted that the applicant would provide
the fifth cistern.
Mrs. Link stated that the benefits of this plan are
enormous from an environmental standpoint with the elimination of four houses,
and she believes the environmental benefits outweigh the connection of the road.
Mayor Pierson said his initial reaction tends to agree
with Mrs. Link with the plan for three houses instead of seven, but he also
feels that Mr. Betz, Fire Official, gives a persuasive argument.
Mr. Tolley said that the big issue is the reality of two
extremely long roads and the connection would be a tremendous boon.
He said these are critical connections included in the circulation
element of the Master Plan, and the Township needs to consider the opportunity
to connect this road from a safety standpoint.
Chairman Giordano reviewed the map and offered
alternative suggestions for emergency road access, and discussion ensued around
these alternatives. Mayor Pierson
said if you were to sprinkler the homes, the cost of installation is more than
paid for in three years, and it works.
Mr. Timpson said he is strongly in favor of this
proposal and would go for it in a minute until one person died on Carriage Hill.
He said he would have to go along with the fire access on this matter.
Mr. Barcan extended his thanks and appreciation to the
Planning Board for their time.
Chairman Giordano confirmed the cancellation of the
August 2, 2004
,
Workshop Meeting, and noted the following agenda items for the
August 18, 2004
, Regular Meeting:
Draft HPC Ordinance, Von Poelnitz, and the Board of Adjustment Resolution
re the Annual Report.
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 10:45 p.m.
Respectfully submitted,
Hope Warrington
Planning Board Secretary
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