MINUTES

MENDHAM TOWNSHIP PLANNING BOARD

WORKSHOP MEETING

MAY 3, 2004

Vice Chairman Tolley called the meeting of the Mendham Township Planning Board to order at 7:35 p.m.

ROLL CALL:

Present:   Mr. Tolley, Mayor Pierson, Mr. D’Emidio, Mr. Majorossy, Mrs. Link, Mr. Mountain and Mr. Timpson

Absent:  Mr. Giordano, Chairman

Also Present:  Mr. Ruitenberg, Attorney (representing Mr. Falcon); Mr. Balut, Engineer, and Mr. Kimball, Planner

Absent:  Mr. Aubin, Environmentalist and Mr. Falcon, Attorney

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 – tabled for next meeting

Vice Chairman Tolley referred to the agenda and noted for the record that he would be changing the order of the agenda items in order to accommodate those present at the meeting.

NYDAM – REQUEST FOR ONE-YEAR EXTENSION OF PERIOD OF PROTECTION UNDER NJSA 40:55D-52

Mr. Balut stated that construction has been started on the subject property and the applicants are moving forward.  Mayor Pierson noted that the litigation involved in this matter has caused some delay. 

Mr. D’Emidio made a motion to approve Resolution PB-04-06 granting extension of final major subdivision approval Block 114, Lot 7; Mr. Majorossy seconded the motion; roll call vote – all aye.

LAWRENCE FARMLAND, LLC

Application 04-01 – Approval of Construction Drawings

Mr. Ed Trawinski of Schenck, Price & King introduced himself as counsel for the applicant, and stated that the applicant and Mr. John DeMarco of Schenck, Price & King has appeared before the Technical Review Committee on April 29.  Mr. Trawinski said that the TRC suggested the applicant appear at tonight’s meeting to seek approval on the construction drawings and to set a date for the public hearing on the final subdivision application.  He referred to Mr. Balut’s letter of April 29 with respect to the construction drawings, which Mr. Trawinski indicated says it all and with which they concur.  He also noted that Mr. Craig Villa, Engineer, and the applicant, Mr. Larry Irene, are present to address any questions the Board may have.

Mr. Balut explained that the applicant has the right to start construction on the project after preliminary approval and before final approval.  He said the applicant is submitting a Preliminary Approval Development Agreement (PADA) for approval to the governing body at its next meeting, which is subject to the Planning Board’s approval of the construction drawings.  He further noted that the applicant has also submitted a final major subdivision application, which the TRC deemed complete at its last meeting and the Planning Board can now set the hearing date.  Mr.

Balut reiterated that the construction drawings are before the Planning Board for approval, which is required prior to the governing body’s review and approval of the PADA. 

Mr. Balut referred to his April 29 letter and said that he had reviewed the drawings previously submitted and had sent an interim letter requesting changes, which Mr. Villa has made.  He stated there is one issue in regard to fire protection and referred to the correspondence dated May 3, 2004 , from Jeff Betz, Fire Official.  Mr. Balut said the Planning Board had approved this subdivision with a fire tank cistern to satisfy the fire requirements and the applicant has contacted New Jersey Water American Company (NJWAC) for potable and firefighting water.  He said that NJWAC indicated in their letter of approval that they may not be able to supply the pressures required in the Ordinance, but with further studies, they feel it could be done with booster pumps or other methods.  Mr. Balut said he states in his letter that the Planning Board can go forward with approving the construction drawings, noting that it may take awhile to work out the details on the water.  He further said that if NJWAC cannot satisfy the water or fire department requirements, the applicant would have to go back to some other means, and he is satisfied with the construction drawings and there is no reason to delay them.  Mr. Balut stated that the drawings are pretty much the same as the preliminary plans but there are some details that have been added that were approved by the Board. 

Mayor Pierson noted that, in his opinion, it is much better to have pressurized water with booster pumps or a tank that would serve as a pressure tank and is hopeful it works out that way.

Mr. Kimball suggested that the professional engineer for the applicant, Mr. Villa, state for the record that the plans are consistent with the preliminary approved plans, and also state for the record the major changes, if any, that have been made. 

Vice Chairman Tolley noted for the record that Mr. Villa is still under oath.

Mr. Villa stated for the record that the construction plans presented for the Board’s consideration are in compliance with the preliminary plans approved by this Planning Board.  He noted there were some changes made as required by the resolution of preliminary approval, and they obtained the necessary permits from the DEP.  He further noted that, as a positive, they eliminated buffer averaging on the lots protecting the wetlands beyond what the Board had originally seen.  Mr. Villa stated that he believes the plans are everything the Board expected, including the water system that they are hoping to deliver.

Mr. D’Emidio asked Mr. Balut to address the bond estimates he provided, and Mr. Balut said the bond estimates are for the final subdivision application and will be plugged into the final resolution.  Mr. Balut said these estimates set the bond costs and inspection fees, and the only thing that needs to be added is the soil disturbance bond that goes along with the PADA, and he will provide that at the next meeting. 

Mayor Pierson inquired about the naming of the roads, which will also be part of the final subdivision application.  Mr. Timpson indicated that the Historic Preservation Committee has provided Mr. Irene with some possibilities – 1) names of important people during the Revolutionary War, and 2) names involving the property’s use as a horse farm.  Mr. Trawinski stated that Mr. Irene had no objection with the proposed names, and Mr. Timpson said Mr. Irene should choose the names he likes, as this list is provided only as approved recommendations from the HPC.

Vice Chairman Tolley asked if the members of the Board had any further questions or comments, and there were none.  Mr. Ruitenberg then referred to, and read aloud to the Board, draft Resolution PB-04-07 approving construction drawings of Lawrence Farmland, LLC, pursuant to Section 16-7.4(a) of the Land Use Ordinance.

Mr. D’Emidio made a motion to approve Resolution PB-04-07 approving the construction drawings for Lawrence Farmland, LLC; Mayor Pierson seconded the motion; roll call vote – all aye.

Vice Chairman Tolley stated for the record that the first public hearing for the Lawrence Farmland, LLC, final subdivision application is scheduled as the first item on the agenda for the Wednesday, May 19, 2004 , Planning Board Regular Meeting.

KO SUBDIVISION

Request for One-Year Extension of the Statutory Protection under the MLUL

Mr. Ed Trawinski of Schenck, Price and King of Morristown, NJ, introduced himself as counsel for the applicant, Dr. Ko.  He referred to his request for a one-year extension as set forth in his letter dated April 20, 2004 , and stated that this subdivision has received final approval, and the applicant is in the process of perfecting final approval.  He noted that Mr. Falcon is due to review the final documents upon his return from vacation.  Mr. Trawinski said that Dr. Ko is under contract to sell the property to Pinnacle Investments, builders of single family, first-class residential homes.   He referred to a development in Livingston as one of Pinnacle’s most recent projects, with similar size lots and homes in the 5000-5500 square foot range.  Mr. Trawinski said they are not sure if this contract will actually close before the current expiration of June 3, 2004 , and therefore, they are requesting an extension of one year. A brief discussion then ensued among the Planning Board members and Mr. Trawinski.

Mr. Majorossy made a motion to have the Planning Board attorney prepare a resolution of approval of a one-year extension for the Ko subdivision; Mayor Pierson seconded the motion; roll call vote – all aye.

VACATION OF BEVERLY DRIVE EXTENSION

Vice Chairman Tolley opened discussion regarding the request for the vacation of the Beverly Drive easement, and Mr. D’Emidio asked if Mr. Irene had decided not to pursue lot size averaging options on his property.  Mr. Balut responded that Mr. Irene and Mr. Villa had indicated to him that the lot size averaging they envisioned would not happen in Phases 1 and 2, but possibly in Phase 3, which is adjacent to the Farm.  Vice Chairman Tolley recalled that Mr. Trawinski had previously raised an objection to the vacation of the Beverly Drive easement on behalf of his client, Mr. Irene.  Mayor Pierson stated the need to keep a 25-foot easement in that location for utilities/water line.  Vice Chairman Tolley called upon Mr. Trawinski and advised him that the Planning Board was reviewing the request for the vacation of the Beverly Drive easement and inquired about the status of Mr. Irene’s original objection to this vacation.  Mr. Trawinski said the objection had been withdrawn.  Vice Chairman Tolley asked the members of the Board if there were any further questions or comments, and there were none.

Mr. Majorossy made a motion to instruct counsel to prepare a letter of recommendation to the Township Committee to vacate the easement on Beverly Drive and reduce the easement to 25 feet for future utilities; Mrs. Link seconded the motion; vote all aye.

BACKLAND LOT ORDINANCE

Mr. Kimball opened the discussion with some background on the backland lot ordinance and the planning issues that are involved.  He said the ordinance provides for subdivision of lots that would avoid the necessity of frontage on a public road if the lot that did not have frontage was twice the minimum lot size required in any zone.  He stated that the planning goals originally involved when this provision was set up was to allow for a benefit for property owners or developers in not having to build, what was then, a relatively costly enterprise of constructing a public road.  The tradeoff with the Township was twofold – 1) avoid new public roads being built and 2) to minimize the amount of future subdivisions or lots in the long run.  Mr. Kimball said the following important events have changed the basic circumstances of the backland lot provision – 1) the state has reduced the RSIS standard for what is required for a public road and the standards are not as expensive or onerous from a developer’s point of view as they were when the backland lot ordinance was passed; and, 2) the dramatic increase in real estate prices.  Mr. Kimball referred to the Nydam subdivision where even though only one lot was going to be created that didn’t have footage, it was economically feasible and/or worthwhile for the developer to actually construct a public road to provide the frontage to that lot that would meet the minimum lot standards for a conventional subdivision.  He said that in this circumstance, it was the worst of all possibilities from the Township’s planning goals point of view – 1) minimum lots were created for very expensive, long-term maintenance costs for public roads, and 2) subdivision roads were built under minimum state standards and contrary to the Master Plan goals of preserving the Township’s rural character.  Mr. Kimball continued by saying that the backland lot ordinance was put into place before the major rezoning changes three years ago, which has more directly addressed the central issue of reducing the overall development of the Township, more than any other regulation, and has somewhat changed the planning comparative.

Mr. Balut then referred to the handouts he had provided to the members of the Board and noted that larger lots, such as Lawrence Farmland and Sisters of St. John the Baptist, have been included on the maps.  He further explained the maps and charts provided were shown as “Traditional Subdivisions” and “Backland Lots.”  The “Traditional “ handouts reflect all lots that are six acres or larger, with a corresponding colored map, and the “Backland” handouts reflect all lots times three.  Mr. Balut said this information indicates that there are 32 subdividable backland lots and 74 subdividable traditional lots.  A full discussion then ensued among the Planning Board members and experts regarding the information provided.

Mr. Kimball stated that, in his opinion, the essential issue is – in order to fulfill the goals of the Master Plan – to prevent the public roads which must be built to strict standards and which translate into suburbia.  He said this is contrary to the Township’s Master Plan and the most important control the Township has in terms of ordinances is where, when and how public roads are built.  Mr. Kimball said he couldn’t overemphasize the impact that the standards for new public roads will have on the Township.  A lengthy discussion then ensued among the Board members and experts regarding possible options for the Township.

Mr. D’Emidio referred to the Nydam subdivision application and how the applicant originally showed and proved they could put in a public street and develop two five-acre lots with one

existing lot.  Mr. D’Emidio raised the following idea -- if there is a requirement that an applicant has to prove that a public road can be done, and the applicant proves he can do it, the applicant would then be allowed to have a driveway.  Mr. Kimball said this is a very interesting idea, and it’s what Harding has done for decades and although unable to codify it into an ordinance, they do it as a matter of process.  He said this would be in everyone’s interest, less expensive to develop, much more attractive, and is a win-win for everybody.  He further said it would be a matter of negotiation and it’s the flexibility that the Township’s Master Plan provides for in terms of

subdivisions and can be done informally because it is in everybody’s interest.  Mr. Kimball noted that these are good ideas and should be discussed with Mr. Falcon and Mr. Clapp.

Vice Chairman Tolley summarized by suggesting that Mr. Balut provide everyone with a colored zoning map, and that the Planning Board take its time reviewing this information and driving around to visually see the properties that are being discussed.  He also added this matter to the June 7 Workshop Meeting agenda to discuss further. 

CORRESPONDENCE

Vice Chairman Tolley asked if there were any questions or concerns regarding any of the correspondence that had been provided, and there were none.  He noted that the next meeting of the Master Plan Subcommittee is scheduled for June 7 at 6:30 p.m. and asked the Board Secretary to send reminders one week in advance.

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 9:00 p.m.

Respectfully submitted,

Hope Warrington

Planning Board Secretary