MINUTES-MENDHAM TOWNSHIP PLANNING BOARD

REGULAR MEETING – OCTOBER 16, 2002

The meeting of the Mendham Township Planning Board was called to order at 7:30 p.m. by Mr. Tolley, Vice-Chairman. The secretary called the roll.

ROLL CALL:

Present: Mr. Tolley, Mayor Porter, Mr. D’Emidio, Mr. Buchanan, Mrs. Kinsel, Mr. Mountain, Mr. Timpson, Alt. 2

Absent: Mr. Giordano, Chairman; Mr. Majorossy, Alt. 1

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

Absent: 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 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 – September 18, 2002 – moved, seconded, and carried to approve.

Mr. Tolley announced the hearing for SAJ, Associates was adjourned from this evening until November 18, 2002 at the request of Mr. Mulligan, Esq. in a letter dated October 16, 2002.

LOVECCHIO

Mr. Lovecchio represented himself in the absence of his attorney, Mr. Goldstein. He stated his application for a minor subdivision was before the Board in order to receive completeness.

Mr. Balut explained the TRC Committee recommended waivers be granted by the Board for Checklist Items 30 (Wetlands), 35 (EIS), 36 (Map), and 51 (Slope Analysis). The application is a simple lot line adjustment, and there will not be any land disturbance involved.

Neither the Board members, nor the Consultants had comments. Mrs. Kinsel made a motion to grant completeness with waivers, Mr. Buchanan seconded, vote all aye. Mr. D’Emidio was not present for this vote. The hearing was scheduled for November 18, 2002 .

Mr. Tolley suggested the Historic Preservation discussion be rescheduled from

November 4, 2002 to November 18, 2002 , and the November 4, 2002 , Workshop Meeting was canceled. There was a vote of all aye.

BRADBURY

Mr. Carlin, attorney for the applicant, was present. He indicated his purpose was to receive completeness for the minor subdivision application on Pleasant Valley Road . He informed the Board he had made application to the Morris County Soil Conservation District, submitted a copy of Mr. Bradbury’s signature in the owner section of the application, and requested a waiver of Checklist Item 63 (Landscape Plan).

Mr. Tolley inquired if there were fire issues. Mr. Carlin said there were none.

Mr. Timpson pointed out the Ralston Historic District was included on the revised map dated 9/30/02 . He was particularly concerned about landscaping along the proposed driveway adjacent to Ralston. Mr. Carlin responded that driveway specifics would be thoroughly addressed at the hearing.

Mrs. Kinsel reminded everyone the waiver was only for completeness and would receive final determination when the application was approved.

Mr. Balut would be interested in seeing a Tree Preservation Committee report.

Mr. Carlin mentioned that Mr. Bradbury extended an invitation to members to visit the site.

Mr. Timpson made a motion to grant completeness with the waiver, Mr. Mountain seconded, vote all aye. A hearing date was set for Monday, November 18, 2002 .

NYDAM

Mr. Spear, Esq. and Mr. Hansen, Ferriero Engineering, represented the applicant. Mr. Spear summarized the points of concern following the last meeting. The plans have been revised in accordance with these comments. The private road has been merged with new lot 7/01 to form a single lot; the fire tank easement has been shown on the final plat; and following professional review of the site, the driveway location would be added to the map.

Mr. Balut informed the Board he had done a side-by-side comparison of both plats submitted and was satisfied as per his report suggestions.

Discussion followed about the merits of concrete versus fiberglass for the fire storage tank. Mr. Spear agreed to do whichever the Board preferred.

Mrs. Kinsel needed to be clear if they were deciding preliminary and final this session.

Mr. Falcon emphasized it was procedurally correct to do both if preliminary conditions were satisfied.

Mr. Spear requested both be decided at this time.

Mr. Balut recommended there be two separate resolutions as indicated in Paragraph g) of Resolution 2-21.

Mr. Falcon reviewed the Resolution, especially Paragraph e).

Mr. Tolley declared that lack of enough time to review Resolution 02-21 and Mr. Betts’ letter made the decision difficult.

Mr. Mercadante, attorney representing George and Marion Koste, was permitted to speak. He stated he wanted to discuss the driveway location issue.

Mr. Falcon referenced Section 1. a) in the Resolution that notice would be given the Kostes as a condition of approval.

Mr. Mercadante, observed the current plans if implemented would remove a natural barrier of trees. He believes there would be a better location out of the right-of-way.

Mr. Falcon reiterated the time to discuss the driveway was at the September meeting before the Board closed the meeting to the public and ordered the attorney to prepare a preliminary resolution.

Mr. Spear stressed the application for a private road rather than a public road in itself saved trees. He would not agree to settle further out of the parameters of the court.

Mr. Falcon provided a lengthy, detailed review of Resolution 2-21. The Board members and consultants responded with suggested rewording. Discussion led to the conclusion that final approval should be in a separate resolution.

Mr. D’Emidio made a motion to approve Resolution 2-21 allowing preliminary approval with modifications, Mr. Buchanan seconded, vote all aye.

Further, Mr. D’Emidio moved to authorize the attorney to prepare a resolution for final approval, Mrs. Kinsel seconded, vote all aye.

HEARING PERSONS PRESENT - None.

CORRESPONDENCE - Letter from Mr. Bilinkas.

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 9:00 p.m.

Respectfully submitted,
Lillian Smith, Secretary