MINUTES - MENDHAM TOWNSHIP PLANNING BOARD

WORKSHOP MEETING, JUNE 3, 2002

The meeting of the Mendham Township Planning Board was called to order at 7:40 p.m.

ROLL CALL:

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

Mr. Buchanan, Mrs. Kinsel, Mr. Majorossy, Alt., Mr. Timpson, Alt. 2

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

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 – May 6, 2002 minutes moved, seconded and carried to approve. 

RESOLUTION – DR. KO

FINAL MAJOR SUBDIVISION APPROVAL, PB-02-13

Mr. Falcon reviewed the Resolution.  He summarized and directed the Board’s attention to the conditions of approval imposed by the Board. 

General comments and questions followed.  Mr. Buchanan requested the insertion of “single family residential” be added to Condition No. 6.  Everyone agreed.

Mrs. Kinsel was concerned about enforcement of Conditions No. 8 & 9 and was reassured the Construction Official would be responsible.

A motion was made by Mr. D’Emidio and seconded by Mayor Porter to approve as amended.  Mr. Giordano, Mr. Tolley, and Mr. Mountain voted aye.  Mr. Buchanan and Mrs. Kinsel abstained.  Motion approved.

RESOLUTION – MOUNTAIN UNION TELECOM

ADJOURNING PROCEEDINGS – PB 02-14

Mr. Falcon reviewed the Resolution.  He responded to Board questions about how hearing this applicant would ensue.  He indicate the Judge allowed the Township Committee one full year ( March 27, 2003 ) to prepare the new ordinance.  At that time a decision to continue a Public Hearing before the appropriate board will be made.

A motion was made by Mr. Buchanan and seconded by Mrs. Kinsel to approve.  Mr. Giordano, Mr. Tolley, and Mr. Timpson voted aye.  Mr. Majorossy abstained. Mayor Porter, Mr. D’Emidio, and Mr. Mountain were recused.  Motion carried.

BOARD OF ADJUSTMENT ANNUAL REPORT

Mr. Majorossy presented a summary.  As a “Crossover Member” representing both the Board of Adjustment and the Planning Board, Mr. Majorossy is in a unique position to provide insight.

He referenced his memo dated May 6, 2002 , commenting on what he believes are the important points from the March 14, 2002 Annual Report.  There are concerns about the expansion of Home Occupations, the use of Accessory Buildings (Breezeway), clarification of Commencement of Construction and Fencing as a Structure, and preserving designated Historic Structures identified in granting variances.

General comments of members indicated they were very interested in the findings.  They decided to take action by putting these items for discussion on the next available workshop agenda ( August 5, 2002 ).

Mr. Kimball remarked that Home Occupations were a big issue in many other towns.

2002 REEXAMINATION OF MASTER PLAN

Mr. Kimball began by explaining that the reason for this report is to meet the technical requirement of the law for examination in five specific areas every six years.  Since Mendham Township completed its Master Plan in three stages with different dates, doing the reexamination now sets a benchmark of June 2008, as the date for the next reexamination.

Board members had an opportunity to review the report, which included an explanation of the five specific criteria.  There were no changes suggested.

Mr. Falcon pointed out that the Board secretary appropriately notified surrounding communities and the Morris County Planning Board.

The meeting was opened to the public but there was no comment.

A motion to accept the report and resolution was made by Mr. Tolley, seconded by Mr. D’Emidio, with a vote of all aye.

ORDINANCE 8-2002

TREE PRESERVATION AND LANDSCAPE REGULATIONS

Mr. Giordano asked if there was anyone in attendance to speak of behalf of the proposed Ordinance.

Mr. Hayes introduced himself as Chairman of the Tree Preservation Committee.  He stated the Committee believed that Ordinance 8 was solid, met their objectives, and presented no conflict with the Master Plan.

Mr. Flaherty, Committee Member, elaborated that its intent is to protect the rural aspect of Mendham Township by:  maintaining screening between properties and roads, protecting heritage trees by restricting removal, and creating a Tree Conservation Officer to intervene in disputes on as needed basis.

Mr. Tolley asked for an interpretation of “Findings & Purposes”.  In his view the Ordinance has a negative impact on property owners and is not a balanced approach.

Mrs. Kinsel, a former member of the Tree Committee, described the in-depth study by the Committee and extensive citizen interaction.  She stated the Ordinance would provide a benefit to the whole community.  It supports the frequent reference in most elements of the Master Plan to preserve rural character.

Mr. Buchanan asked Mr. Falcon if personal rights of property ownership were violated in any way.  Although the constitutionality of the Ordinance would have to be discussed with Mr. Clapp, his opinion was that such a case could not be won.

Mr. Giordano questioned who would determine if a tree was deceased and if it applied in the case of public utilities.  Mr. Flaherty replied the Committee would work with individual property owners to determine if a permit would be required.  He stated a newsletter was being prepared to educate the public.  In the case of utilities, control was theirs.

Mr. Balut focused attention on Item 3 on Page 3 involving private waste disposal systems and private wells as a possible conflict with duties of the Board of Health.

Mr. D’Emidio proposed the sentence be struck or revised and be a part of the Resolution to approve.

Mr. Mountain and Mr. Flaherty will both recommend to the Township Committee that it be investigated.

A motion was made by Mrs. Kinsel to approve Ordinance 8 as amended, seconded by Mr. Mountain, vote all aye to approve, and nay by Mr. Tolley.

ORDINANCE 9-2002

ENVIRONMENTAL REGULATIONS

Mrs. Link, speaking as a member of the Environmental Commission, explained that the members undertook an extensive analysis of the issues.  She proceeded to comment on each section of the Ordinance.

Mr. Balut recommended adding an additional sentence to Section 16-10.14(a)(4) stating markers be included as standard detail (G-10).  The suggestion will be conveyed to the Township Committee.

Mr. Tolley made a motion to approve Ordinance 9-2002 as amended, Mrs. Kinsel seconded, vote all aye.

CORRESPONDENCE

·        Cover Memo

·        Correspondence from Fire Official

·        Ten Towns Meeting Invitation

·        Brookside 4^th of July Parade Announcement

ADJOURNMENT

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 9:45 p.m.

Respectfully submitted,