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MINUTES WORKSHOP MEETINGMayor Pierson called the meeting of the Mendham Township Planning Board to order at 7:40 p.m. with a motion that Mr. D’Emidio serve as Temporary Chairman in Mr. Giordano’s absence; the motion was seconded, vote all aye. ROLL
CALL: Present:
Mr. Giordano (arrived Absent: Mr.
Tolley, and Mr. Majorossy Also Present:
Mr. Falcon, Attorney; Mr. Balut, Engineer; Mr. Aubin, Environmentalist,
and Mr. Kimball, Planner 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 MINUTES FOR APPROVAL Application 04-01 Mr. D’Emidio referred to the first item on the agenda, the Lawrence Farmland final subdivision application and confirmed with the Board Secretary that the escrow and taxes on the property were up-to-date. Mr. Ed Trawinski of Schenck, Price, Smith and King
introduced himself as the attorney for the applicant, and noted for the record
that Mr. Larry Irene, applicant, and Mr. Craig Villa, Engineer, were present.
Mr. Trawinski noted that reports had been provided by Messrs. Balut,
Kimball and Aubin and noted that he thinks everything is square with the
conditions of the preliminary resolution except for the item concerning the
tenants and the water pressure concern raised by the Fire Official because of
the topography. Mr. Trawinski said
an application had been submitted to NJ American requesting public water service
during the preliminary application process, and he anticipates hearing from them
on or about Mayor Pierson asked if there was any discussion with NJ American about adding a pump house to pump water up the hill, and Mr. Trawinski indicated it was one of the possibilities. Mr. Villa added they were also looking at booster pumps and increasing the size of the main on Hardscrabble. Mayor Pierson asked for confirmation that one way or the other sufficient pressure will be provided prior to construction, and Mr. Trawinski stated absolutely. Mr. Trawinski further said that if cisterns are needed, they will do that, and he has no objection to that condition being carried forward in the final resolution. Mr. Trawinski addressed an outstanding issue regarding the demolition schedule and the eviction of tenants and stated that this would not be a problem because these are not outside market rentals. He also noted that they would be working closely with Mr. Balut on the demolition, and they have already had a pre-construction meeting with Mr. Balut. Mr. Trawinski referred to the developer’s agreement and briefly explained the technical and legal issues that need to be worked out and said he would work with Mr. Falcon on those items. He further said they are still looking at lot size averaging, and if it happens, it will work in Phase 3. Mayor Pierson raised the question of street names, and
Mr. Trawinski said that three names had been selected and were noted on the
plans. Mr. Villa stated that the
entrance road would be called Mr. D’Emidio asked for comments and questions from the Planning Board. Mrs. Link asked about the area of disturbance in the transition area, and Mr. Trawinski said there would be none and the house would be set back. Mr. Balut referred to the file map and noted that there’s a requirement in the map filing law that requires the out bounds of the tract be marked prior to construction, and Mr. Villa said it is already existing in the field and forgot to show it on the map, but will comply and it will be shown on the final map before signatures are requested. Mr. Kimball stated that the way the layout is designed for the road is very highly engineered and modern, and to the extent that when actual construction occurs in the right-of-way, he requested that consideration be given by the engineer to the site condition to provide opportunities to construct the road in such a way that is more reminiscent of historic roads in the Township. Mr. D’Emidio noted for the record that Mr. Falcon would cover that in the final resolution. Mr. Falcon noted that there will be a site visitation to identify this, and Mr. Villa said it would be noted on the plans. Mr. Kimball requested that Mr. Villa, as the applicant’s engineer, state for the record what changes, if any, from the preliminary plans are reflected in the final maps. Mr. Villa stated that the final maps before the Planning Board this evening are in three phases so they can be filed separately, if desired, and stated that the main change from what was approved under preliminary is the fact that they eliminated all buffer averaging originally proposed, which was all part of the DEP permits and general permits that have all been approved by DEP. He also said additional changes were made as a result of the TRC Meeting -- site easements at intersections of the road have been added to the plans as requested by Mr. Balut and identification of the specific wetlands areas “E” and “F” that were identified by the DEP as potential habitat for threatened and endangered species. He further said that in order to eliminate some of the buffer averaging, minor adjustments to lot lines, a few feet here and there, were made. Mr. Kimball added as information that this application was approved as a phased development, which normally would mean that final is granted in phases, and the main advantage for the applicant is to avoid the necessity of bonding of the entire project. He said that is not going to happen with this application and the reason is to protect the applicant’s interest because of the concern about the Highlands Act. Mr. Kimball asked, since the applicant is seeking approval for the entire project, if there was any aspect of the phasing that still remained in terms of actual construction. Mr. Villa indicated that they have three separate sheets, which gives them the option and flexibility to file only the first and second phases, if they so choose. Mr. Trawinski noted that phase 3 will be carefully considered once the legislation comes out of the Senate. Mr. Kimball recalled that, as a provision of the preliminary application, deed covenants would be required for landscaping improvements on individual lots to notify future owners that there would be landscaping improvements outside of the right-of-way associated with retention basins. Mr. Giordano arrived at Mr. Trawinski said he assumed that Mr. Falcon would carry that condition into the final resolution of approval, and when they are close to actually needing deeds for individual lots, the deeds would be subject to Mr. Falcon’s review and approval. Mr. Kimball stated that identification of the specific lots that are affected should be addressed in the final application process. Mr. Trawinski stated they had no objection to identifying the lots that need landscaping notification and obligation. Mr. Aubin then referred to his report and noted that the applicant has satisfied all requirements and also has the necessary documents to proceed. He suggested that the deed for each parcel of land should include a reduced copy of the final map and wetlands delineation map and LOI so property owners are aware of the high environmentally sensitive areas on some of the properties. Mr. Kimball pointed out that it should be specified in the final resolution as to who is responsible for approving the specific landscaping plans, and Mr. D’Emidio confirmed that the Tree Protection Committee is the proper body. Mr. Falcon noted that this would be included in the final resolution of approval. Mrs. Link referred to the addition of conservation easements on the final maps, and Mr. Falcon advised that he has received conservation easements from the applicant for his review and recommendation to Mr. Clapp. A full discussion then ensued regarding the status of
the Mr. Trawinski requested Planning Board approval of the final subdivision application this evening and acknowledged to the Board that if they want to later impose a condition that was missed, they would not object as long as the conditions are consistent with preliminary to give the Planning Board flexibility. Mr. D’Emidio asked the Planning Board members for their reaction to voting on this matter tonight. Mr. Mountain stated that he did not have a problem moving forward tonight with the provision offered by Mr. Trawinski. Mr. Kimball noted that some of the conditions that are carried forward from preliminary have not been perfected, and these would be perfected prior to the signing of the maps. Mr. Timpson stated that he hated to rush into things, but he is willing to go along with the provision and stipulations offered. Mrs. Link said she didn’t feel like she has enough experience at this point and deferred to the Board. Mayor Pierson noted his preference to always be prudent, but in this case, with Mr. Falcon preparing the final resolution of approval and the broad leeway the applicant has offered, he believes we have maximum flexibility. Mr. Giordano – offered no comment given late arrival Mr. D’Emidio stated that he was willing to go forward
tonight given the special and unique situation facing Mayor Pierson made a motion to have Mr. Falcon prepare a resolution of final subdivision approval for Lawrence Farmland to be considered by the Planning Board at the next meeting; Mr. Mountain seconded the motion. Roll call vote: Mr. Mountain – yes; Mayor Pierson – yes; Mr. Giordano – abstain; Mr. D’Emidio – yes; Mrs. Link – yes; and Mr. Timpson – yes. Mr. D’Emidio stated that this matter and the draft
resolution would be placed on the agenda for the Mr. Trawinski thanked the members of the Planning Board. Mr. D’Emidio turned the meeting over to Chairman Giordano. KO SUBDIVISION
Draft
Resolution PB-04-08 Mr. Falcon
stated that the Board had directed him to prepare the draft resolution at the
May 3 meeting, which protects the period allowed for approval by extending it
until Mr. Mountain
made a motion to approve Resolution PB-04-08 granting extension of final major
subdivision approval for the premises of Dr. Stephen Ko and Christine Ko; Mr.
D’Emidio seconded the motion. Roll
call vote – all aye. CROSS ACCEPTANCE COMMITTEE
Draft
Resolution PB-04-09 Chairman
Giordano recalled that the Planning Board had recommended contacting four
individuals to participate on the Cross Acceptance Committee – Mrs. Link, Mr.
Willemsen, Mrs. Zimmerman, and Mrs. Porter.
Chairman Giordano said it was important to note that Mrs. Porter had not
declined participation, but it was more the matter that he and Mrs. Porter were
never able to connect. He then
referred to the draft resolution designating Mrs. Link, Mr. Willemsen and Mrs.
Zimmerman to serve on this committee, and advised the Board that Mr. Kimball
will serve as an advisor to the committee. A full
discussion then ensued regarding the Mr.
D’Emidio made a motion to approve Resolution PB-04-09 appointing members to
the Cross-Acceptance Committee; Mr. Mountain seconded the motion.
Roll call vote – all aye. DRAFT HISTORIC PRESERVATION ORDINANCE
Mayor
Pierson noted the absence of Mr. Tolley and Mr. Majorossy and asked if there was
value in holding off on this discussion until there was full attendance.
Mrs. Link stated that she reviewed the draft, and in looking at all the
changes, she believes Mr. Tolley’s concerns have been addressed and sees no
problem with going ahead. Mr.
Timpson said that most of the changes are fairly minor having to do with terms.
Mr.
D’Emidio raised a question pertaining to 25-6 and asked if there was going to
be a checklist for applicants, and Mr. Timpson said yes, as an attachment.
Mr. D’Emidio referred to 25-7.3 and asked if a cost has been associated
with these items, and Mr. Timpson said no. Mr.
D’Emidio stated that the Township Committee would need to have an idea of the
costs associated with the requirements being imposed upon applicants, because it
appears it could be anywhere from $1,000 to $10,000 to comply with these items.
Mr. D’Emidio referred to 25-9.1c.and asked if an applicant is going to
be forced to sell his property if he doesn’t agree with what the HPC is
proposing, and Mr. Timpson said that Mr. Clapp has said that if the owner
receives an offer to sell at a fair
and equitable price, he could be required to sell.
Mr. D’Emidio voiced his opinion again that he does have a problem with
this item; it’s not right to take someone’s house.
A full
discussion ensued among the Board members regarding the “forced sale” matter
in the ordinance, and as a result, Mr. Falcon will discuss this further with Mr.
Clapp and Mr. Timpson will follow up with the HPC.
Mr.
D’Emidio referred to 25-11.2 regarding violations and permits and pointed out
that if the Township has the proper controls in place, demolition permits would
not be granted. There being
no further discussion, Chairman Giordano added further discussion of the draft
Historic Preservation to the agenda for the CORRESPONDENCE
Mr. D’Emidio referred to the letter from MCSC regarding repair work to be done on the country bridge, and Mr. Mountain advised that a pre-construction meeting is scheduled in June and the work will be done between July 6 and September. 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 Respectfully submitted, Hope Warrington
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