MINUTES - MENDHAM TOWNSHIP PLANNING BOARD

WORKSHOP MEETING, MARCH 4, 2002

The meeting of the Mendham Township Planning Board was called to order at 7:42 p.m.

ROLL CALL:

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

Mr. Buchanan, Mrs. Kinsel, Mr. Majorossy

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

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 – February 4, 2002 minutes moved, seconded, carried to approve.

Chairman Giordano called for a motion to change the order of business by moving Dr. Ko’s application before Mendham Golf & Tennis.  Vote all aye.  .

DR. KO

Mr. DeMarco, attorney for the applicant, came forward to request an April 17, 2002 hearing date for final approval.

Mr. Giordano stated for the record that the applicant seems to be moving the application forward at his own risk prior to completion of litigation surrounding this matter.  He directed attention to the hearing scheduled this coming Friday before Judge Stanton to consider certain motions.

He further explained that the Board cannot be prejudiced because we are looking to move it quicker at your client’s request and before Judge Stanton’s decision affects the possible outcome.  Your firm and Dr. Ko need to understand this position.

Mr. DeMarco replied affirmatively.

Motion was made, seconded, and approved to set the hearing date for April 17, 2002 .

MENDHAM GOLF & TENNIS

Mr. Giordano stated he had listened to the tapes from the February 4, 2002 Planning Board meeting and was eligible to vote.

He indicated it was his understanding based on concluding statements from the last meeting that the public hearing was closed, and it was now up to the Board to discuss and reach a decision.

Mr. Lavigne, attorney for the applicant, supported that understanding.

Mr. Giordano asked Mr. Falcon and Mr. Kimball to clarify the criteria for granting the variance being requested.

Mr. Falcon referenced Mr. Kimball’s letter, “Positive Criteria, Option 1”.  He expanded the definition of  “undo hardship” to refer to physical land conditions as well as structures according to the statute.  He further points out that “underlying notion that no effective use can be made of the property if variance is denied” has a broader meaning.  The concept need not find the property is zoned and in utility to grant c-1 variance.

 He made reference to Cox, New Jersey Zoning and Land Use Administration, Section 6-2.9.  It states “ the c-1 applicant need only demonstrate that the property’s unique characteristics inhibit the extent to which the property can be used”.  Mr. Falcon advises the Board to keep this in mind as they deliberate.  The tennis courts are an example of the above and as such indicate justification for a c-1 variance. 

Mr. Kimball was asked if he had any additional comments to add to his comprehensive letter.  He wanted to stress “undo hardship” is the issue in this matter and should be foremost in the Board members’ decision process.

Mr. Giordano opened discussion to Board members.

Mr. Tolley believes there is a general consensus to approve the application but with some restrictions.

Mr. Giordano cautioned that any conditions imposed by the Board should be enforceable.

Mr. Tolley suggested beginning with a review of the list of eight proposed conditions of approval as prepared by Mr. Lavigne on behalf of the Mendham Golf and Tennis Club.

Mr. D’Emidio concluded after an analysis of  Mr. Kimball’s letter that he sees no positive criteria for granting either c-1 or c-2 variances in this application.  He is troubled by what will happen if the application is denied.

Mrs. Kinsel thinks there are mitigating factors for current and future neighbors.  Approval  will provide positive benefits.  For example, screening and landscaping will be better.  She sees justification for a c-2 variance.

Mr. Tolley views approval as an opportunity to attempt to reconcile the differences between the Club and the neighbors.  He thinks the conditions presented are reasonable and suggests a “straw vote” be taken to determine the Board’s intent to grant approval before further time is spent on establishing conditions.

The result was a straw vote of aye by Mr. Giordano, Mrs. Kinsel, Mr. Tolley, Mr. Buchanan, and Mr. Mountain, nay by Mr. D’Emidio with Mr. Majorossy and Mayor Porter abstaining.

 Mr. Tolley then initiated extensive discussion about the conditions to be imposed in the Resolution. 

Consequently, the eight conditions proposed in the revised list provided by the Club were deemed acceptable.  In addition, utilizing the restrictions list provided by the neighbors, Board members indicated their directive to add selected further conditions (See attached two lists and Resolution being prepared by Mr. Falcon 04/01/02).

Following several tie votes, Mr. Giordano canvassed members in an attempt to find common ground for moving the vote forward to completion.  Ultimately, there was a vote to approve authorizing Mr. Falcon to prepare a Resolution approving the application with twelve conditions.

Vote:  Mr. Giordano and Mr. D’Emidio nay; Mr. Tolley, Mr. Buchanan, Mrs. Kinsel and Mr. Mountain aye; Mayor Porter and Mr. Majorossy abstained.

Mr. Falcon was authorized to prepare the Resolution with twelve conditions.  Memorializing the Resolution will be scheduled for the April 1, 2002 Board meeting.  An extension of time until April 1 was obtained from Mr. Lavigne.

MASTER PLAN – FOUR FINAL ELEMENTS

 Mr. Tolley opened up the discussion by asking for Board comments and suggestions for the prepared drafts and then requesting them to set a public hearing date.  He indicated the Master Plan Committee worked with town residents and related groups to obtain mutually acceptable plans.

Conservation

Community Facilities

Open Space

Recreation

There were questions from Mr. Buchanan, Mrs. Kinsel and Mayor Porter regarding specific sentences in the plans that were satisfactorily explained by Mr. Tolley, Mr. Balut and Mr. Aubin and Mr. Kimball.

Mr. Kimball will make the suggested minor changes to the plans for the Public Hearing date.

Mr. Tolley reported that the proposed “Land Acquisitions” addendum is a potential list of acquisitions to be used in conjunction with the following elements:  Conservation, Community Facilities, Recreation, Open Space, Historic Preservation, and Land Use.

A public hearing was scheduled for the above four elements on April 1, 2002 .

Mr. Giordano asked members if they were interested in attending the ANJEC meeting on March 25, 2002 in Morris Township .  Mrs. Kinsel asked to be registered and Mrs. Link, Environmental Commission member, indicated she already was registered.

CLOSED SESSION

Mr. Giordano read Resolution PB-02-06.

NYDAM

Mr. Falcon indicated he had discussions with the applicant’s attorney and advised him that all fees and taxes need to be paid by the Nydams before further meetings could be scheduled on this matter.

Mr. Mountain explained the application was approved by the court but that the court order stipulates both parties must meet again to determine final details.

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 9:55 p.m.

Respectfully submitted,

Lillian Smith, Secretary