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MINUTES
MENDHAM
TOWNSHIP
PLANNING BOARD
WORKSHOP MEETING
JUNE 7, 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, Mayor Pierson, Mrs. Link, Mr. Mountain and Mr.
Timpson
Absent:
Mr. D’Emidio, Mr. Majorossy
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 –
January 21, 2004
and
April 5, 2004
Mrs. Link made a motion to
approve the minutes of
January 21, 2004
and
April 5, 2004
, with modifications; Mr. Mountain seconded the
motion; vote all aye, with Mr. Timpson abstaining.
LAWRENCE
FARMLAND, LLC
Chairman Giordano
referred to Memorializing Resolution PB-04-10 granting final major subdivision
approval for lands of Lawrence Farmland, LLC, Block 147, Lots 7 and 42.
Mr. Falcon referred to the updated resolution which was distributed and
provides for posting of bonds to pay for improvements yet to be installed and
authorizes the consultants to make site visits to review and agree upon
location, clearing and construction techniques for the proposed roads and
stormwater management structures. Mrs.
Link asked if Mr. Aubin’s previous recommendation regarding requiring copies
of the LOI and subdivision plans to be filed with deeds should be included the
resolution. Mr. Falcon stated that
he would add to the resolution that copies of the LOI along with a reduced copy
of the subdivision map and lot delineation map bearing the DEP approval stamp
are to be filed with the deed.
Mr. Mountain made a motion
to approve Memorializing Resolution PB-04-10 granting final major subdivision
approval for lands of Lawrence Farmland; Mr. Timpson seconded the motion.
Roll call vote – Mr. Timpson-yes; Mr. Mountain-yes; Mr.
Giordano-abstain; Mr. Tolley-ineligible; Mayor Pierson-yes; and Mrs. Link-yes.
VON POELNITZ
Mr. Scott Wyssling
introduced himself as engineer for the applicant and noted that Mr. Von Poelnitz
is also present this evening to present the Von Poelnitz final subdivision
application to the Planning Board for completeness and scheduling of a public
hearing.
Mr. Balut noted that the
applicant needed to provide construction plans and obtain Board of Health
approval, which has been done. He
also noted that the applicant has received preliminary approval, and this is the
submission for final approval. Mr.
Wyssling referred to the final plans, both dated
April 30, 2004
, and noted that the one sheet is a final plat
and the set of three plans are submitted as construction drawings.
Mayor Pierson asked about the arrow on the final plan, and Mr. Balut said
the final map creates the easement and gets filed with the County and creates
lots, right of ways and easements. Mayor
Pierson asked Mr. Balut if he was satisfied with the
submission, and Mr. Balut
said yes. Chairman Giordano asked if
there were any further questions, and there were none, and the Planning Board
deemed the application complete.
Chairman Giordano stated
that the public hearing for the Von Poelnitz final subdivision hearing will be
placed first on the agenda for the
July 21, 2004
, Regular Meeting.
Mr. Wyssling and Mr. Von Poelnitz agreed with the scheduling date, and
Mr. Wyssling granted an extension of time to
August 19, 2004
.
Chairman Giordano then
discussed the upcoming meeting schedule and agenda items with the Planning
Board, and after discussion, Chairman Giordano stated for the record that the
meetings scheduled for
June 16, 2004
, and
July 6, 2004
, are cancelled.
NEW NJ DEP STORMWATER REGULATIONS
Mr. Aubin stated that he
reviewed the Township’s stormwater ordinance and the new NJ DEP Stormwater
Regulations, and he feels that that in order to get in compliance with the new
regulations, the existing ordinance will need a little massaging and the
addition of an optional section that specifies best management practices.
Mr. Tolley asked if these new regulations affect current projects, and
Mr. Aubin said it would only affect projects going forward.
He said that what has been done the past few years has been in compliance
with the requirements of the stormwater management regulations.
Mr. Aubin said that the adoption of the new stormwater regulations
changed some of the goals in terms of removal of total suspended solids, but
basically the rate of discharge and volume of discharge stated in the rules are
rules that already exist in the Township Ordinance, which is no net increase of
either volume or discharge, so it is simply a matter of addressing water quality
issues at this point. Mayor Pierson
asked Mr. Aubin to clarify which Township Ordinances he was referring to, and
Mr. Aubin stated it was only the stormwater management ordinance that required
tweaking. Mayor Pierson asked if
this included cataloguing all of the pipes that run into the streams directly,
and Mr. Aubin said no, but that is something else the Township will have to do
later, which will require an inventory of all stormwater management structures
and the development of a maintenance and upkeep plan, which will require annual
certification that it has been done. Mr.
Aubin said all he is talking about right now is making the changes to the
stormwater ordinance that will be required to bring the ordinance up to State
regulations so that anything moving forward in terms of land development would
have written documentation. Mayor
Pierson asked if there was any tweaking that may be done that would create any
issues in the Master Plan development, and Mr. Aubin said absolutely not.
After further discussion, Chairman Giordano read aloud a draft memo he
prepared that would be forwarded to the Township Committee from the Planning
Board Secretary requesting approval to have the Planning Board consultants
prepare a report detailing the requirement amendments that are necessary to the
Township Ordinance.
BACKLAND LOT ORDINANCE
Mr. Balut noted that he
had provided maps and data for traditional subdividable lots and backland
subdividable lots to the Planning Board at its last meeting, and members were
going to view lots to get familiar with the data to ensure it is accurate and
applicable. Mrs. Link raised some
concerns and questions regarding certain lots included in the material, and Mr.
Kimball stated that the properties that the Planning Board is trying to address
are the backland lot properties that may create a situation similar to the Nydam
circumstances. He further said that
the real issue is the frontage question -- should property owners be allowed to
have a flag lot to meet frontage requirements.
If flag lots are not allowed, the applicant is put in a position to
create a public road to make frontage, and the current economics makes it viable
to do that. He also said a frontage
variance can be granted that offers greater control because it gives the right
to impose special conditions. Mr.
Timpson noted that there were 43 historic landmarks on the 32 sites identified
for backlot development, and there is nothing in our ordinances that would help
the preservation of those landmarks. Mr.
Kimball stated that having a variance as a basic offers the ability to
negotiate.
Mr. Kimball said that the
backlands provision is essentially an extra possibility that is out there, and
taking it away is not liberalizing it for property owners.
Mr. Tolley asked if the backlands lot ordinance is legal in any zone, and
Mr. Balut said yes. Mr. Tolley
pointed out that in five or ten-acre zones, piggyback lots are not that relevant
because you can’t see the houses. Mr.
Tolley said he believes that the smaller lots are a bigger threat, and the
Planning Board needs to consider lots that are less than three acres.
A lengthy discussion
ensued, and as a result, it was determined that 1) Mr. Balut would do further
research and provide the Planning Board with a similar listing of all lots in
zones less than R-3 excess acreage for one more lot, and 2) the Planning Board
Secretary would obtain copies of flag lot ordinances from other municipalities,
i.e., New Vernon, Bernardsville and Bedminster.
Chairman Giordano placed
this matter on the agenda for further discussion at the July 21, 2004, Planning
Board Regular Meeting.
MASTER PLAN
CONSERVATION ELEMENT
Mr. Falcon briefly
described the decision in the Rumson case, which was decided by the Supreme
Court last year and dealt primarily with the issue of whether a municipality was
free to use definitions in the Land Use Ordinance which were, at least it was
complained, in variance with the definitions as set forth in the Municipal Land
Use Law and had to do with floor area ratio and steep slopes.
A couple of communities had developed some innovative techniques, and Mr.
Falcon described those. The court
said that as far as terms in the MLUL are concerned unless in context they are
obviously limited in the way they are to be viewed, then the municipalities were
free to adopt innovative techniques as long as they advanced the purpose of
zoning and made reference to language in the MLUL that states that you aren’t
limited strictly to the definition of floor area ratio as set forth in the MLUL
but some reference to use of other ratios and that seems to open the door to the
calculation where you would take out the environmentally sensitive land first
before you went on to calculate floor
area ratio. The point was the
community was trying to avoid McMansions, and there is a specific reference in
the Master Plan to the Manalapan case while Rumson has the effect of overruling
the Manalapan case which creates the opportunity for the Township to revise the
Master Plan to eliminate the reference to Manalapan because it’s been swept
aside.
Mr. Kimball stated that
this is a very important case, and said that if this case had been in effect
when the Township started the Master Plan, it could have changed the whole
complexion.
Mayor Pierson and Mr.
Tolley leave the meeting for an emergency services call at 9:06 p.m.
Mr. Kimball said that
this case opens the door to other ways of approaching the whole issue, and talks
about designing ordinances to require larger lot sizes if a property is
constrained. The Manalapan decision
made it clear that was not permissible and we made reference to that in the
Master Plan. He further said the
reason we made reference to Manlapan in the Master Plan is that it gave weight
to the necessity to rezone. This is
now the Supreme Court overruling Manalapan, and Mr. Kimball said it was
important that the Township understands those basic ground rules have gone back
to what they were before Manalapan so the Township has much more flexibility in
adopting ordinances now that have site specific implications.
He also said he’s not suggesting that we do anything, but we have been
successful in the rezoning case.
A full discussion then
ensued regarding the Rumson case, using it to change the floor area ratio, and
the effect on the Township if changes were to be made to the Master Plan.
Chairman Giordano asked Mr. Kimball if leaving the Master Plan status quo
was a problem, and Mr. Kimball said no. Chairman
Giordano then asked if there were any further comments or questions from the
members of the Board, and there were none.
DRAFT HPC ORDINANCE
Chairman Giordano noted
the absence of Mayor Pierson and Mr. Tolley who left the meeting for the
emergency call, and Mr. Timpson stated that he and Messrs. Clapp and Falcon were
still working on the open issue of the “for sale” matter in the draft HPC
ordinance. Mr. Falcon said this
issue is problematic and he and Mr. Clapp discussed the reservations the
Planning Board and the members of the governing body have over the forced sale
provision. Mr. Falcon said he would
continue to work with Mr. Clapp and Mr. Timpson on this issue.
With Mr. Timpson’s concurrence, Chairman Giordano rescheduled this
matter for the July 21 PB Regular Meeting.
OTHER BUSINESS
Mr. Falcon updated the
Planning Board on the Ko property, stating that Pinnacle Builders were concerned
that through due diligence they may have an obligation to do something with the
sewage beds. Mr. Falcon said the
Planning Board had imposed the requirement that the developer develop the beds,
and he is preparing a letter stating that that requirement has been taken off
the table by virtue of the settlement agreement with Ko.
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
9:27 p.m.
Respectfully submitted,
Hope Warrington
Planning Board Secretary
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