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MINUTES
MENDHAM
TOWNSHIP
PLANNING BOARD
WORKSHOP MEETING
SEPTEMBER 3, 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:
Mr. Giordano (arrived
7:45
p.m.
),
Mr. Tolley, Mayor Pierson, Matt Majorossy, Mrs. Kinsel, Mr. Mountain and Mr.
Timpson
Absent:
Mr.
D’Emidio
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.”
Chairman Giordano arrived at
7:45 p.m.
MINUTES
FOR APPROVAL –
August
4, 2003
, vote all aye.
August
20, 2003
, vote all aye, with Mr. Mountain abstaining.
MASEFIELD CONCEPT PLAN
Application 03-03
Mr. Lyn Carlin introduced himself as counsel for the
applicant, and recognized Mr. John Masefield and Mr. James Madsen from Apgar
Associates in attendance. Mr. Carlin stated that they were last here in July for
a concept review for a subdivision of six lots. At the conclusion of that
meeting, the Board requested input from the fire department, first aid squad and
police department regarding this concept plan and those agencies have provided
reports. Mr. Carlin said he would like to read these reports on the record and
comment on one of the reports. He said that the first aid squad took no
position, and the police department indicated no adverse affects on traffic with
respect to the cul-de-sac application as presented.
Mr. Carlin referred to a letter from Mr. Jeff Betz of the
Mendham Township Fire Prevention Bureau and proceeded on comment on Mr. Betz’
letter. Mr. Carlin noted that we are dealing with four lots not six lots since
the Masefield property, which is already there, as is lot 1, which is even
closer to the cul-de-sac at
Wright Lane
. Since these existing lots are currently being serviced under a previously
approved subdivision, he assumes that firefighting was taken into consideration
at that time. He reiterated that we are then talking about four lots, and with
due respect to Mr. Betz, cannot agree that this project is the key to providing
the required emergency access to adjacent residential sites. It is hard to
understand how three or four additional lots off of Wright Lane would have such
an impact that would generate the need, not only for an extension on a condition
of approval to be imposed upon this applicant, but also to justify a
condemnation that you would have to do to get through to Carriage Lane. Mr.
Carlin said it seems to him that this is a bit of an overstatement of the impact
of three or four additional lots as far as firefighting capabilities. He further
said it would be nice to have direct access from a firefighting standpoint, but
they have to deal with reality and planning considerations.
Mr. Carlin said he understands the Township Master Plan
does suggest that traffic circulation should be ensured for emergency services,
but he also said we have to look at it in terms of the size of this subdivision.
In his opinion, to require the road to be extended through to Carriage Hill is
not justified under the planning standards that we are dealing with.
Mr. Masefield offered an historical perspective as to what
transpired several years when he wanted to subdivide and spent time, money and
energy only to have his efforts thwarted by the owners of this property needed
to provide access through to Carriage Hill Road. Mr. Masefield also said he had
received feedback from neighbors in the community who do not want a through road
and don’t want to change the atmosphere in the community. He also said this is
a very tasteful property and the through road does not conform with the concept
of keeping Mendham rural, and if condemnation is what the Township is interested
in, then this plan will not go forward because he cannot see the merits.
Mayor Pierson inquired as to whether a letter was received
from Fire Chief Alderton, and it was clarified that the letter from Mr. Jeff
Betz encompassed both fire officers/fire officials. Discussion ensued regarding
the contents of the letter, and Mayor Pierson stated that the Township is
installing a 30,000-gallon fire tank at the intersection of Carriage Hill and
Hunters Glen. He said this is a project that was put together to do a tank every
ten years in those areas where they were not required on earlier subdivisions.
Mayor Pierson said that the issue in the letter is meant to express that when
apparatus is coming in from two sides and if one part of the street is blocked,
you can access it from another. He further said that this is not done
frivolously, it is an honest disagreement; the fire service always tries to have
two entrances and exits.
Mr. Tolley said he also thought a letter was coming
directly from Township Chief Alderton and continued to say that the circulation
plan was put in for a reason, and this is really the first practical opportunity
we have had to complete a circulation plan. He said these are recommendations
from the Planning Board back in the mid-80’s that these were very important
issues that were not addressed in the original development. He said these are
extremely steep roads, which are essentially two lane roads, and if they were
sealed off, would leave a problem for access for the residents who are thereby
trapped because they cannot be reached, and it is a very serious matter for the
Planning Board, who has to consider the best interests of the community.
Chairman Giordano recognized Mr. Jeffrey Betz (who had just
entered the meeting) and summarized the previous discussion related to the
points in his August 29 letter. He said also that Mr. Tolley and Mayor Pierson
spoke vehemently in Mr. Betz’ favor with respect to his concept as to why
these types of things are necessary. Chairman Giordano asked Mr. Betz to explain
upon his findings for the record.
Mr. Betz stated that his letter does represent the views of
the officers of the Fire Department that arose from a meeting where this matter
was reviewed. He said they strongly request that this be taken into
consideration. He said this neighborhood has 58 residents that this application
would affect; the area is rural and will require tanker operations to fight a
fire in that area, and also has a situation of minimal access. In either one of
these two communities, the Saddle Hill Road side or the Hunter Glen Road side,
no emergency response could be made by Police, Fire or EMS if any of those
extremely sleep roads are blocked. He said it is extremely important to have
more than one access point into the community. From a firefighting perspective,
it is the same type of situation – having the access and being able to access
from two points is better than one. Once the operation begins, there could be a
tendency for the road to be blocked due to the emergency vehicles and if you
needed to have additional equipment and manpower, it would be restrictive
because of the dead end situation in both of those neighborhoods. Mr. Betz said
that, going back many years, it was always intended that those two areas would
be connected even when the original Carriage Hill and Hunters Glen area went in,
it was promoted through the Master Plan that there would be an interface between
these two areas. He said it is understood that this particular project doesn’t
have complete access through, but it is important enough to be planning for that
eventuality, whether it be through acquisition, condemnation or donation, of the
additional right of way that is needed for the sake of the community. Mr. Betz
said this is probably one of the most important milestones that will be looked
at for this community. He said the other aspect is
Wright
Lane
itself, which is an extension of a
deadend, and with the additional 1200 feet onto that, more and more residents
are exposed to potential issues as we continue to lengthen deadend roads. The
Fire Department is looking at this as something that is extremely beneficial and
almost mandatory for the protection of the residents in that area, as well as
the protection of the fire service.
Chairman Giordano asked Mr. Falcon to review the legal
impediments involving condemnation of a piece of property, and a full discussion
ensued.
Mr. Carlin asked if there would be any interest by way of
restricted easement for purposes of emergency vehicles only over that same area
as a right of way might be graded with gravel or whatever in order to restrict
public traffic and let the Township obtain the easement. Mayor Pierson noted
that these right of ways do not get plowed in the winter, they are not
maintained, the gravel sinks into the topsoil, and it is just not realistic. Mr.
Betz agreed with the Mayor, and said they have tried this in several areas here
in the community, and it has not worked. The Fire Department proposes that this
be a public road, maintained by the Township and accessible 24 hours a day, 365
days a year. Mayor Pierson explained that fires that happen in the night or
daytime, there is always pressure on who is operating the apparatus – you try
to limit the things that someone has to think about when driving the apparatus.
For example, if there’s a gate and they have to worry about the key, that’s
a slowdown, or if there was a recent rain and you’re running over a gravel
area, that can be a problem. Mayor Pierson noted that being a small town, we
don’t have a lot of fires but we do have some devastating fires, and the speed
of response through this area is critical.
At Mr. Tolley’s request, Mr. Betz explained what happens in
the first few minutes of a fire. Mr. Betz said the most important thing is
immediate and safe access to get into a neighborhood. In this particular area,
the Township would be responding and other neighboring departments would be
responding as well because of the size of the homes and the risk involved. The
operations in these neighborhoods will involve six or seven communities coming
in, so you can understand the necessity for having more than one access into the
area. It is important to have the proper circulation, because backing up
apparatus is very unsafe operation and something that they try to avoid because
it is dangerous to the firefighters, the equipment, and anyone standing around.
The operation is hopefully always moving in a forward direction and a
circulation pattern here would provide for that safe operation. Mr. Betz said
you also have to look at communities’ access from other towns, and if you had
the two access roads coming into this area, the equipment can come in from two
different directions and is a safer operation for everyone involved. He stated
that the Fire Department thinks that this is one of the most major issues, from
a circulation perspective, that we have seen in 25 years. He said that this is
extremely important to the Fire Department, and he cannot stress enough the
importance of this key element.
Chairman Giordano asked if there were any questions or
comments from the members of the Planning Board.
Mrs. Kinsel said it is clearer to her now that she’s looked
at the circulation plan and understands that there always was a plan and this
was always envisioned for the whole neighborhood.
Chairman Giordano offered to poll the Board with respect to
this public safety issue if Mr. Carlin would like him to do so. Mr. Carlin said
a poll is not necessary but still does not understand why an easement can’t be
given if the problem were addressed for emergency vehicles only and not for
public access.
A full discussion then ensued regarding the Planning
Board’s responsibility to ensure public safety, the condemnation process, and
the applicant’s concerns regarding proceeding with his application.
As a result of this discussion, Chairman Giordano summarized
that Mr. Falcon would call Mr. Clapp tomorrow and perhaps then have a three-way
conference call with Mr. Masefield in the afternoon. Based on that conversation,
if Mr. Carlin is comfortable on behalf of his applicant, with respect to their
observations, then the applicant may instruct their engineer to talk with Mr.
Balut with respect to a meeting in the field and try to pick a point with
respect to site lines. Then, and only then, with permission of Mr. Masefield, an
additional plan could be drafted that would lay out the purported condemnation
that would have to go forward.
Mr. Carlin asked to do an informal poll to see if the rest of
the Board is thinking in the same direction. Chairman Giordano called for an
informal poll, and everyone indicated that they are agreeable with the proposed
next steps.
Chairman Giordano then called for a five-minute break at
8:52 p.m.
, and the meeting resumed at
8:58 p.m.
LAWRENCE
FARMLAND, LLC
Application 03-02
Mr. Edward Trawinski of Schenck, Price and King, introduced
himself as counsel for the applicant in this matter.
Chairman Giordano referred to correspondence received in this
matter and suggested that the professionals first summarize a discussion they
had with respect to the water retention system.
Mr. Falcon noted that at the conclusion of the last hearing,
two things had happened – (1) he was authorized to prepare an approval
resolution, and (2) the Board anticipated a meeting of the Board’s
professionals with the applicant’s professionals to review engineering
matters, particularly the comments made by John Aubin in his report dated July
28 concerning the underground basins and the need to adequately provide
filtration. Although Mr. Aubin subsequently issued a letter that indicated they
had not yet come to terms at the meeting held on that issue, Mr. Trawinski
notified Mr. Falcon that subsequent conversations have taken place and the
applicant has agreed to install the facilities recommended by Mr. Aubin. Mr.
Falcon said that he had had a provision in the approval resolution, which called
for further consideration of the drainage and retention basin situation which he
has modified slightly in light of this development. He said the only other
change was Mr. Balut’s suggestion to include contingencies approval of the
Morris County Planning Board and the Mendham Township Board of Health. Mr.
Falcon said this seems to close the loop on outstanding matters as a result of
the last meeting. He noted that he had circulated the draft approval resolution
and then suggested review of the Fire Official’s report, which was just
received today.
Mr. Trawinski stated that Mr. Falcon has accurately
summarized the current status, but they have a slight modification to Mr.
Aubin’s recommendations because they are not sure if they are doing the dual
systems above and below ground, but instead would like to do the bioretention
swails that Mr. Aubin also recommended. Mr. Aubin said he spoke with Mr. Villa
who agreed to provide enough swail infiltration in the enhanced swails so as to
completely eliminate the problem of silting in of the subsurface system.
Chairman Giordano asked Mr. Trawinski to confirm that in lieu of the written
recommendation with respect to above and below ground retention basins, this
swail system now handles the silt problem that they were attempting to mitigate,
and Mr. Trawinski confirmed that this is what they have agreed to, although
it’s not on the plans because it was it was just agreed to today.
Mr. Falcon said he modified the resolution to amend to
provide as a condition of approval that the applicant has to secure approval of
the Township Engineer and Township Environmental Consultant as to the storm
water detention basins and related facilities together with plan revisions
reflecting that.
Mr. Trawinski then referred to an issue from the Tree
Protection Committee, who the applicant has met with, and they have no
objections to making the recommended changes from the white pines to the Norway
spruce.
Chairman Giordano then referred the discussion to the letter
from Mr. Jeff Betz dated
September
3, 2003
, regarding this matter.
Mr. Trawinski referred to the first paragraph and stated that
they have approached New Jersey American Water Company, and on
June 10, 2003
,
they confirmed that this site is in its service area, and they would like to see
final detail design from to determine location. He further said it is his
client’s preference to provide public water if it is available and can be
done. Mr. Falcon will modify the resolution to reflect this.
Mr. Trawinski referred to the third paragraph about fire
protection on
Beverly Drive
, and
Mr. Betz clarified that he is requesting an easement so that a water supply line
can be put in between the two developments in the future. A full discussion and
review of Sheet 5 of 60 of plans then ensued. Following the discussion, Mr.
Trawinski referred to Sheet 5 of 60 and the subdivision to the south of their
development and south of lot 42.13 and noted the easement that extends off of
the existing cul-de-sac on
Beverly
Drive
, which is referred to as the
Jockers Subdivision. He then clarified that what is being asked for, and what
they are willing to give, is a water line easement or a dry line easement at the
end of that easement, as long as it is not visible, that extends to public road
B or public road C. He said the reason for extending to public road C would be
that if it is public water they are going to have a water line in public road C
and they can run the easement along the property line as opposed to cutting
through the lot. He said they are willing to stipulate to a condition that says
the location of the easement has to be satisfactory to both Mr. Betz and Mr.
Balut, and he has not objection to the Borough attorney reviewing this.
Chairman Giordano confirmed with Messrs. Betz and Balut that
this was acceptable, and they agreed.
Mr. Trawinski referred to the fourth paragraph of Mr. Betz’
letter regarding the 18’ width of paved surface being inadequate for a fire
tanker shuttle operation if public water is not provided. Mr. Trawinski stated
that this is a conflict between the RSIS and most fire departments, which he
understands, but the RSIS has determined that 18’ is sufficient for fire tank
shuttle operation, and if the Board wants them to pave the surface, he feels it
is against what the Board has asked them to do. Full discussion ensued, and Mr.
Trawinski offered to resolve this matter by stating that they are going to do
everything they can to have public water, and if public water is not provided,
they are willing to come back to the Planning Board to discuss the width of the
road. Mr. Betz also indicated that he would also follow up with New Jersey
American.
Chairman Giordano asked the members of the Board if they had
any problems or concerns with Mr. Trawinski’s proffer, and there were none.
Mr. Trawinski referred to the fifth paragraph in Mr. Betz’
letter regarding the proposed locations for fire cisterns being acceptable, but
Mr. Betz’ preference is that the fire cistern on public road “C” be
located closer to the intersection of public road “B.” Mr. Trawinski said
that this is also only an issue if there is no public water, and if there is
none, they are willing to move the cistern, provide the detail for 30,000
gallons, and ask Mr. Balut to see if they meet the 30,000 gallon standard.
Mr. Balut suggested that Mr. Betz and the Fire Department be
able to review the location of the fire hydrants if there is public water, and
Mr. Trawinski agreed with this suggestion.
Mayor Pierson said that he would like to see some comment
made by Mr. Falcon on phase 2 and 3 as far as requirements, particularly with
regard to phase 3 whereby it can’t move forward until the stables are
demolished, phase 1 is done and cleaned up, etc. Mayor Pierson noted that he is
troubled with the multi-phase approvals without specific notification on phases,
and Mr. Trawinski said they have no problem with this.
Mr. Falcon stated that he will include the following
provisions in the final approval resolution: 1) provide that the Board has a
clear preference for the provision of a public water supply and the applicant
has been in contact with the New Jersey American Water Company for that purpose
and they will provide for a public water supply if they’re unable to come to
terms with NJAWC; 2) provide for an easement across lot 42.13 for either a water
line or dry line easement to public road “B” or “C” with the location to
be satisfactory to Mr. Betz and Mr. Balut; 3) provide that if the public water
supply is obtained then the location of hydrants shall be determined by the Fire
Code Official; 4) provide that when the applicant is seeking final as to any
phase there will be a provision for the removal of nonconforming structures as a
condition. He said that he has already included as a result of today’s
discussions, that the plans will be revised to reflect the new storm water
facilities and approved by the engineer and the environmental consultant and
have added, in accordance with the Engineer’s request, contingency approvals
of the Morris County Planning Board and the Mendham Township Board of Health.
Mr. Tolley made a motion to open the meeting to the public;
Ms. Kinsel seconded the motion, vote all aye.
Mr. Jim Sheehan,
74
Beverly Drive
, asked when the draft resolution
would be available for his review and when this resolution would become final.
Mr. Falcon said he would be pleased to get a copy of this resolution to counsel
and Mr. Sheehan approximately a week before the meeting. Chairman Giordano
indicated that he would ask for a motion this evening, yea or nay, with respect
to this particular plan, and would leave the memorialization until October 6 to
ensure that the resolution encompasses everything that has been done on this
application.
Upon motion duly made and seconded, the meeting was closed to
the public.
Mr. Trawinski waived any closing statement.
Mr. Tolley made a motion to approve the preliminary major
subdivision application for Lawrence Farmland, LLC, also known as Irene’s
Spring Tree Farm, Block 147, Lots 7 and 42, with memorializing approval by
resolution at the October 6, 2003, meeting; Mayor Pierson seconded the motion, roll
call – vote all aye.
CORRESPONDENCE
Chairman Giordano opened discussion to upcoming meeting
and agenda matters, and it was agreed to cancel the September 17 Regular
Meeting, and the following items were placed on the agenda for October 6: 1)
Memorializing Resolution for Lawrence Farmland, LLC; 2) Historic Preservation
Committee Draft Ordinance; and 3) Board of Adjustment Resolution discussion.
Chairman Giordano asked about attendance at the NJDEP
Blueprint for Intelligent Growth Meeting on September 8, and Mr. Falcon
indicated that he planned to attend this meeting.
Upon motion duly made and seconded, the meeting was opened to
the public
Chairman Giordano asked if there were any members of the
public who would like to speak, and there were none.
Upon motion duly made and seconded, the meeting was closed to
the public.
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
9:50 p.m.
Respectfully submitted,
Hope Warrington, Secretary
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