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MINUTES
MENDHAM
TOWNSHIP
PLANNING BOARD
WORKSHOP MEETING
OCTOBER 6, 2003
Vice Chairman Tolley called the meeting of the Mendham
Township Planning Board to order at
7:40 p.m.
in the absence of Chairman Giordano.
ROLL
CALL:
Present:
Chairman Giordano (arrived
8:18
p.m.
),
Mr. Tolley, Mayor Pierson, Mr. D’Emidio (arrived
7:44 p.m.
), Mrs. Kinsel, Mr. Mountain and Mr. Timpson
Absent:
Mr. Majorossy
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
.
STATEMENT
OF EMERGENCY EVACUATION PROCEDURE: “In case of an emergency requiring the evacuation
of this room there are two emergency exit doors along the side that you entered.
In the foyer you may then either exit down the open stairwell to the exterior or
enter the enclosed stairwell and exit to the exterior at the bottom. Then please
move away from the building until instructed that it is safe to re-enter.”
Mr. D’Emidio arrived at
7:44 p.m.
MINUTES
FOR APPROVAL –
July
16, 2003
, vote all aye, with modification on page two.
LAWRENCE
FARMLAND, LLC
Application 03-02
Mr. Falcon referred to the draft resolution distributed to
the Planning Board, which memorializes the Board’s approval of
September 3, 2003
, and contains all of the same provisions as previously reviewed. It also
contains additions of (1) the requirement that the storm water management
facilities be reviewed by the Township Engineer and Environmental Consultant as
a condition of approval; (2) a provision that if the applicant is unable to get
an agreement with the NJAWC, they will return to the Board on the issue of the
width of the roads and the potential impact if there is not a public water
supply; and (3) the matter of the easements across lot 42.13 for a dry line or
wet line depending upon whether there is a public water supply system. Mr.
Tolley referred to the memo from Mr. Jeff Betz regarding fire hydrants, and Mr.
Falcon stated the resolution provides that Mr. Betz will have final say on the
location of fire hydrants.
Mr. John DeMarco of Schenck, Price and King introduced
himself as counsel for the applicant this evening.
A full discussion ensued regarding various items in the
resolution, and Mr. Falcon will make the necessary modifications. Ms. Kinsel
raised the issue of conservation easements on the property, and the members of
the Board reviewed the drawings and discussion ensued. Mr. DeMarco stated that
if there is a conversation easement reflected on the plan, they will provide
documentation on that easement or modify the plan if required by the Township
ordinances. Mayor Pierson suggested checking with Mr. Balut and Mr. Villa on the
conservation easements and having Mr. Falcon review the Township ordinances. Mr.
Falcon stated he would add a condition 10 to the preliminary approval resolution
requiring conservation agreements as to any conservation area, which is on the
approved plan or as a result of the requirements of Township ordinances. Mr.
Tolley asked for questions from the Board and the applicant, and there were
none.
Mayor Pierson made a motion to approve Resolution PB-03-19
granting preliminary major subdivision approval and variance relief as to the
lands of Lawrence Farmland; Mr. Mountain seconded the motion. Roll call vote:
Mr. Mountain-yes; Mayor Pierson-yes; Mr. Tolley-yes; Mr. D’Emidio-abstain;
Mrs. Kinsel-no; and Mr. Timpson-yes.
ORDINANCE 20-2003
Ordinance Permitting Lot Size Averaging for Subdivisions in
the R-5 and R-10 Zones and Amending Chapter XXI “Zoning Regulations” of the
Land Use Ordinance of the Township of Mendham.
Mr. Tolley referred to Resolution PB-03-20
and Ordinance 20-2003. A discussion ensued among the members of the Planning
Board regarding various items in the ordinance, including bonus lots,
conservation easements, and subdivision roads.
Chairman Giordano arrived at
8:18 p.m.
Mayor Pierson summarized suggested
modifications by the Planning Board to include rewording of Section 2, 21-10.1a.
to provide more clarity and the addition of the words “and/or” at the end of
Section 2, 21-10.4a. Mr. Falcon was directed to make the necessary modifications
and forward it to the Township Committee and the Township Attorney.
Mr. D’Emidio made a motion to approve Resolution PB-03-20,
with modifications, on review and approval of proposed Ordinance No. 20-2003;
Mrs. Kinsel seconded the motion; vote all aye, with Chairman Giordano
abstaining.
DRAFT HISTORIC PRESERVATION ORDINANCE
The members of the Historic Preservation Committee in
attendance were introduced: Amy Rouba, Duane Rouba, Ray Nadaskay, Tim Timpson,
Tracy Kinsel, Carolyn Daly, and Jane MacNeil.
Chairman Giordano referred all of the Board members to the
proper draft Historic Preservation Ordinance (dated
April 12, 2003
) and a page-by-page review
of the draft ordinance ensued. The areas discussed included concerns about
terminology and definitions, reimbursements, composition of HPC – quorum,
terms, appointment, etc., Chairman as Class C member/Mendham
Township resident, application requirements and procedures, and signage. The
Planning Board requested various changes and made numerous suggestions to the
draft document. After a lengthy review and full discussion, Chairman Giordano
requested that the Historic Preservation Committee make the requested changes,
take all suggestions under advisement, and return to the Planning Board with a
revised draft ordinance.
BOARD OF ADJUSTMENT RESOLUTION RE ANNUAL REPORT
Chairman Giordano noted that, due to time constraints,
this discussion would be moved to the agenda for the
October 15, 2003
, Planning Board Meeting.
REPORT TO PLANNING BOARD ON PROPERTY ADJACENT TO
CARRIAGE
HILL ROAD
Mayor Pierson reported that the Township Committee has
agreed to enter into negotiations on the property adjacent to
Carriage Hill Road
, and failing to negotiate a purchase, to condemn the property. The Township
Committee will not do anything until the application continues with the Planning
Board.
RESOLUTION PB-03-21
CLOSED SESSION
Mayor Pierson made a motion to adopt Resolution PB-03-21
Authorizing Closed Session; Mr. D’Emidio seconded the motion, vote all aye.
Mr. Falcon provided an update on litigation matters.
Upon motion duly made and seconded, the Planning Board
returned to open session at
11:10 p.m.
RESOLUTION PB-03-22
Resolution to Authorize Execution of Stipulation of Dismissal
with Prejudice and Settlement Agreement
Mr. Tolley made a motion to adopt Resolution PB-03-22, Mayor
Pierson seconded the motion; vote all aye, with Mr. Timpson abstaining.
CORRESPONDENCE
Chairman Giordano stated that the application for Sisters of
St. John the Baptist is on the agenda for completion at the
October 15, 2003
,
Planning Board Regular Meeting.
Chairman Giordano referred to invitations for two free
seminars on environmental justice on October 16 and 20 and suggested that anyone
interested should see the Board Secretary.
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
11:15 p.m.
Respectfully submitted,
Hope Warrington, Secretary
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