MINUTES

MENDHAM TOWNSHIP PLANNING BOARD

WORKSHOP MEETING

MARCH 3, 2003

Mr. 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. Kinsel, Mr. Majorossy,

Mr. Timpson

Absent: Mr. Mountain

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

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 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 – None

RESOLUTION PB-03-07

Mr. Tolley made a motion nominating Hope Warrington as Planning Board Secretary; seconded by Mrs. Kinsel, vote all aye.

A motion was made by Mayor Pierson to close the nomination; seconded by Mrs. Kinsel, vote all aye.

Ms. Warrington was then elected via a unanimous ballot as Planning Board Secretary.

MENDHAM GOLF AND TENNIS

Paddle Tennis Courts

Mr. D’Emidio advised the Board that his firm is doing work with Mr. Gianforcaro as the architect/engineer on a project, which has nothing to do with this application. He further advised that this would not have any effect on his ability to render an impartial decision in this matter. The Board acknowledged for the record this fact and raised no objections with Mr. D’Emidio hearing this application.

Michael Lavigne introduced himself as the attorney representing Mendham Golf and Tennis Club seeking a completeness determination. Also present were Mr. Hal Reynolds, Vice President of the Club and Mr. Anthony Gianforcaro, architect. Mr. Lavigne offered background regarding past and current applications for a more comprehensive view of the Club’s long-term plans. Mr. Lavigne noted that there were two applications pending before the Board – the pump house and paddle tennis courts – in which the waivers requested are very similar, with the exception of the area of disturbance LOI obtained from the DEP for the pump house and the water allocation information provided for the pump house.

Chairman Giordano requested clarification from Mr. Lavigne as to which application he was requesting the Board to consider at this meeting. After a lengthy discussion, it was determined that a complete resubmittal of the pump house application is necessary and will be placed on the agenda for the Technical Review (TRC) on March 25, 2003, as well as on the agenda for completeness at the April 7, 2003, Planning Board Workshop. Both applications for the Pump House and the paddle tennis courts will be tentatively placed (e.g., pending TRC review) on the agenda for the May 5, 2003 , Planning Board Workshop. The Board then moved forward with review of the paddle tennis court application on the agenda for completeness.

Mr. Balut stated that this is a relatively simple application, with 20 waivers being requested. Mr. Balut indicated he has no problem with any of the waivers with the exception of #28 and #30 with regard to wetlands and environmental issues, and he referred to Mr. Aubin to address these two items. Mr. Balut also noted that items #55 and #61 marked as not applicable would be satisfied by using the tennis court brochure that was submitted as the architectural plan. Mr. Balut summarized by recommending that the application move forward.

With regard to items #28 and #30, Mr. Aubin indicated that he has no problem with the application moving forward pending the receipt of an area of disturbance LOI and conditioning approval based upon receipt of the LOI. At Mr. Lavigne’s request, Mr. Aubin agreed that a pending application to the DEP would suffice.

Chairman Giordano inquired about lighting, and Mr. Lavigne will arrange to provide future testimony regarding night illumination in accordance with the ordinance.

Mr. Tolley made a motion to grant the waivers and deem Application 03-01 complete. Mr. D’Emidio seconded the motion, vote all aye.

Mr. Lavigne, under authority of his client, authorized an extension of time to June 2, 2003 .

LAWRENCE FARMLAND, LLC

Mary Werner of Schenk, Price, Smith & King introduced herself as counsel for the applicant, Lawrence Farmland, LLC, and appear before the Board requesting that their application for a major subdivision be deemed complete.

Chairman Giordano referred to comments from the Environmental Commission dated February 28, 2003 , and from the Fire Department dated March 3, 2003 . Ms. Werner notes that these are technical comments that can be addressed further in the process.

Mr. Balut reports that the completeness hearing for this application was held on February 25, 2003 , where it was determined that there were approximately seven items lacking. Revisions were received on February 28, 2003 , and all deficient items have been completed. Mr. Balut states that the application is complete and can be set for public hearing.

Mr. Aubin opened discussion regarding the current weather conditions and scheduling a site visit, the need for sufficient time for preparation of reports on such a large application, and suitable time for review by the Board.

With no objections, Chairman Giordano scheduled Lawrence Farmland, LLC, first on the agenda for the Planning Board’s Regular Meeting on April 16, 2003 , based upon two assumptions; 1) weather conditions permit a timely site visit; and 2) sufficient time is allowed to prepare reports in advance of meeting. If these assumptions are not met, all involved will be advised of the delay.

Mr. D’Emidio made a motion to deem Application 03-02 complete. Mr. Tolley seconded the motion, vote all aye.

MEMORIALIZING RESOLUTION PB-03-06

Review of Capital Project

Public Works Garage

Mr. Falcon stated that the resolution for the public works garage was on the agenda at the February 19, 2003 , meeting, and the memorializing resolution was passed at that time.

MEMORIALIZING RESOLUTION PB-03-08

Ordinance 2-2003

Chairman Giordano advised that Ordinance 2-2003 refers to height requirements with respect to gates. This had been deferred from the last meeting, and Chairman Giordano had followed up with a letter to the Township Committee. Mayor Pierson offered further clarification regarding this ordinance.

Chairman Giordano stated that, given the urgency of Township Committee planning, Ms. Smith had previously polled board members via telephone regarding their views on this ordinance, which were then directly communicated to the Township Committee via Mr. Mountain.

Mr. Majorossy made a motion to approve Resolution PB-03-08 for the review and approval of proposed Ordinance No. 2-2003. Mrs. Kinsel seconded the motion, vote all aye, with Mr. Tolley abstaining.

STEEP SLOPES

CONSERVATION EASEMENT ORDINANCE

Chairman Giordano opened discussion regarding the conservation easement ordinance and recognized Ms. Sara Dean Link in the audience. Chairman Giordano recalled there has been a conflict of conservation easements that has come to the forefront in recent applications and requested that Mr. Falcon give a brief synopsis of the current conservation easement in an effort to set a goal of unification. (See attached memo from Roger Clapp, Esq., dated February 19, 2003 , regarding Amendments Relating to Conservation Easements.)

Mr. Falcon stated that the ordinance, although intended to do so, did not really address situations where the Planning Board would be inclined to recommend that conservation easements be obtained and that the governing body engage in such agreements with applicants. Under the terms of the ordinance, the Board is limited to situations where there are water bodies. Mr. Falcon notes that Mr. Clapp has revised the ordinance in such a way as to provide for conversation easements in a much broader scope of situations. The ordinance also provides that the easements may be modified or adjusted based on particular circumstances of a particular development or application. Mr. Falcon summarized that generally the provisions in Appendix F would apply to conservation easements now on this broader range, subject to modification of appropriate circumstances.

Mr. Balut suggests including the definition of steep slopes in the ordinance.

Ms. Link advises she had suggested adding “roadscape” to those items listed as being protected.

Mr. Tolley and Mayor Pierson suggest that the experts should review and discuss Mr. Clapp’s ordinance first and report back to the Board.

Mr. Timpson stated that he would like to see a broader scope cover areas of historic significance.

Chairman Giordano states that we will diary further discussion on conservation easements for the April 7, 2003 , workshop.

CORRESPONDENCE

1. Morris County Master Plan -- Public Hearing Notice on the Morris County Comprehensive Farmland Preservation Plan on March 20, 2003, at 7:30 p.m.
2. Morris County Board of Chosen Freeholders --- Public Hearing to Amend the Land Development Standards of Morris County on April 9, 2003 .

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 9:25 p.m.

Respectfully submitted,

Hope Warrington, Secretary