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MINUTES – MENDHAM TOWNSHIP COMMITTEE
Morris
County
,
New Jersey
February 22, 2005
Deputy Mayor Pierson called the meeting to order at
7:30 p.m.
in Township Hall,
Brookside
,
New Jersey
ROLL CALL
Present:
Mr. Pierson, Mr. Phelan, Mr. Schrier, Ms. Florek
Absent:
Mayor Krieg
Also Present: Thomas Sateary,
Esq. for Roger S. Clapp, Esq.,
Stephen
Mountain
, Township Administrator
Penny Newell, Township Clerk
SALUTE TO THE FLAG
Deputy Mayor Pierson read the following
statement:
STATEMENT OF ADEQUATE NOTICE:
“Adequate notice of this meeting of the Township Committee of the
Township of Mendham was given as required by the Open Public Meetings Act as
follows: Notice was given to the Observer
Tribune and the Daily Record on January 10, 2005; Notice was posted
on the bulletin board in Township Offices and Notice was filed with the Clerk on
January 10, 2005.”
APPROVAL OF MINUTES –
February 14, 2005
– Mr. Schrier made a
motion to approve these minutes as written; Ms. Florek seconded the motion.
ROLL CALL – All present voted YES.
OLD BUSINESS
(Mr. Clapp was available by telephone for this
discussion)
1. Discussion of Historic Preservation Ordinance:
Deputy Mayor Pierson pointed out the change agreed upon at the previous
meeting changing the definition of “demolition.”
Deputy Mayor Pierson noted that the demolition portion is the only
mandatory requirement in the ordinance. He
reviewed the elements of the ordinance and the procedures to be followed once
the ordinance is adopted.
Mr. Phelan said that the revised definition tends to define
demolition based upon the original intent of the Historic Preservation
Committee. He said he wasn’t
sure if there is a provision in the ordinance that, if an individual wanted to
have a hearing on the one-year delay, there would be a means for that to happen.
Mr. Clapp said that the application goes to the Historic Preservation
Advisory Commission (HPAC) and after that process if the applicant is not
satisfied with the decision of the HPAC they may appeal that decision to the
Board of Adjustment.
Mr. Schrier said the key question has always been
- does this municipality want to try to save its historic structures and
if that is the case, this ordinance is the best effort to do that.
He said that to the extent that this ordinance will enable the saving of
such structures and the maintaining of the character of the township, he
supports the ordinance.
Ms. Florek agrees with the need to preserve what we have in
the town, but she said she still has questions.
She feels that there are sections of the ordinance that are problematic.
She would like to see an ordinance that can be legally upheld and she
questions whether this one could. She
does not see guidelines for the appeals process in the ordinance and would like
clarification of what is being asked of the boards that hear the appeals.
She also asked for clarification of the violation section.
Deputy Mayor Pierson noted that Mr. Clapp indicated he
would feel more comfortable if there was a more finite definition, for example,
with a percentage included in the definition of demolition, in order to defend
the ordinance. He pointed out that
the definition as stated in the ordinance leaves room for the HPAC to act
reasonably towards applications.
Deputy Mayor Pierson said Ms. Florek makes a good point
regarding the appeals process and he suggested that part of the vote on this
ordinance would be to ask the HPC and/or the Township Attorney to put down the
steps in the process of an appeal of the demolition process.
Mr. Schrier noted that the violations would be addressed at
the discretion of the municipal judge
Ms. Florek said she would be willing to work with the HPAC
and the Board of Adjustment to clarify timeframes, etc.
Mr. Schrier said he doesn’t think it unreasonable to
asked for further clarification, however, given the number of discussions and
changes that have taken place, it would be in the best interest of the town and
the intention of the ordinance to introduce the ordinance, as written, this
evening. He said ordinances are
tested in their actions, and amendments would be possible in the future.
Mr. Phelan said there are guidelines regarding applications
for alterations in the ordinance and following the review of an alteration
application, no further action is required by an applicant.
He said the appeal process regarding an application for demolition is not
in the ordinance. Mr. Clapp pointed
out that the appeal process in section 25-9.5 is for any action taken by the
HPAC.
Upon motion duly made and seconded the meeting was opened
to the public for comment on this matter.
Ray Nadaskay, Chair of the HPC:
said he agrees with Mr. Schrier and feels that the ordinance as written
could be tested. He said every case
that has, or will, come before the HPC is different and suggested that the
ordinance could always be amended in the future if needed.
Ernie Maw,
Buddy Lane
: is concerned that everyone
affected by this ordinance has not been made aware of how their property is
involved. Mr. Pierson
explained that if the ordinance is adopted on first reading this evening, a
letter will go out to the owner of each property on schedule A.
Mr. Maw said he is asking for a general mailing because he
feels that the way some things are written in the ordinance, even the owner of a
non-contributing house would have to fill out an application for review by the
HPAC. Mr. Phelan said the
application is only to be used by the property owners on Schedule A.
Mr. Timpson (HPC) reported that the application has been revised to apply
to property owners on Schedule A only.
Mr. Pierson asked Mr. Maw to clarify his concerns regarding
non-contributing structures. Mr. Maw
said the way the ordinance is written the application process applies to
properties other than those on Schedule A.
Mr. Nadaskay suggested a revision to 25-5.1 that will clarify the matter.
The Township Committee agreed to the change.
Sam Tolley,
15 Woodland Road
; feels this is a terrible
ordinance. Regarding Schedule A
- he asked what defines historic and noted that eventually all homes will
qualify by age and be added to the list even though some have no relevance.
He said an ordinance to assure preservation of old homes is usually done
in zones or areas while this ordinance picks and chooses throughout the
community. He said this community
has grown over time by people doing what they want to do.
He feels the fundamental part of the ordinance regarding demolition does
not have a good definition. He added
that historic, in reality, is just old homes and noted that in the past taking
issues to court has only caused expense and gained nothing.
Deputy Mayor Pierson said there have been relatively few
times when the Township has gone to court and he thinks Mr. Tolley may have
overstated the matter. He said the
clock starts ticking when the HPAC denies an application for demolition and by
the time it gets to court the one year delay period would be over.
Darby Scott,
81 Mountainside Road
: asked if the definition of
alteration includes painting. It was
explained that the requirement for review only applies to an alteration that
requires a building permit. Ms.
Scott also asked what would happen if the planning board approves something that
the HPAC does not. Mr. Pierson
explained that the HPAC is advisory and the planning board may ask for guidance
from the HPAC.
Mr. Maw added that all seven historic districts in the
Township were never created based upon the age of houses within the district but
by the period of significance.
No others present asked to be heard.
Upon motion duly made and seconded the meeting was closed to the public.
Mr. Schrier made a motion to adopt Ordinance 4-2005 upon
first reading; there was a brief
discussion regarding the contents of Schedule A , which is an inventory of
historic houses. The Committee
agreed that notification to the owners of the properties on Schedule A should
include the proposed ordinance along with the description from the Historic
District Application that indicates why that property is included and a
description of the Historic District in which the property is located.
This mailing will be by certified mail/return receipt requested.
Mr. Phelan seconded Mr. Schrier’s motion.
ROLL CALL – All present voted YES.
A copy of Ordinance 4-2005 is attached hereto and made a
part herof.
HEARING PERSONS PRESENT
Upon motion duly made and seconded the meeting was opened
to the public.
Pat Zimmerman,
3 West Main Street
: suggested that when the
information on the historic properties is sent to the property owners they may
question whether this is the only information available.
No others asked to be heard.
Upon motion duly made and seconded the meeting was closed to the public.
NEW BUSINESS
1.
R2005-25
RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE
TOWNSHIP
OF
MENDHAM
, IN
THE
COUNTY
OF
MORRIS
, NEW
JERSEY
,
AUTHORIZING DISCUSSION WITHOUT THE PRESENCE OF THE PUBLIC
WHEREAS, it is deemed appropriate that the Township Committee discuss the
matters hereafter mentioned without the presence of the public in accordance
with the provisions of R.S. 10:412b, being section 7b of the Open Public
Meetings Act.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the
Township
of
Mendham
, in the
County
of
Morris
,
New Jersey
, as follows:
Matters relating to:
[X]
personnel
[X] contract negotiations
[X]
acquisition of property
[X] litigation
[X]
attorney/client privilege
shall be discussed by the Township Committee without the
presence of the public. It is
anticipated that these matters can be disclosed to the public when further
action is taken in connection with the discussion.
RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE
TOWNSHIP
OF
MENDHAM
, IN THE
COUNTY
OF
MORRIS
, NEW
JERSEY
, AUTHORIZING EXECUTION OF DEVELOPER’S AGREEMENT FOR
FRANKLIN
ESTATES
WHEREAS, by Resolution PB-02-13 adopted on June 3, 2002, the Planning
Board of the Township of Mendham granted final subdivision approval for the
development of Lot 3 in Block 145 by Stephen Ko and Christina Ko; and
WHEREAS, the aforesaid Resolution requires the execution of a Development
Agreement and the furnishing of a performance guarantee to the Township; and
WHEREAS, the Township Attorney has reviewed and approved the following
document:
Franklin Estates Subdivision Developer’s Agreement, a copy of which is
marked Appendix A and attached to this Resolution.
WHEREAS, the governing body of the Township is satisfied with the
foregoing document.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the
Township
of
Mendham
, in the
County
of
Morris
,
New Jersey
, as follows:
1.
The Mayor is hereby authorized and directed to execute the
Franklin Estates Subdivision Development Agreement in the form of Appendix A and
the Township Clerk is hereby authorized and directed to attest such Agreement
and to affix the municipal seal thereto, and when so executed and attested the
Agreement shall be a valid and legally binding obligation of the Township in
accordance with the terms thereof, and the proper officials of the Township are
hereby authorized and directed to make and perform any and all acts necessary to
carry out such Agreement.
2.
This Resolution shall take effect upon adoption.
R2005-27
RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE
TOWNSHIP
OF
MENDHAM
, IN THE
COUNTY
OF
MORRIS
, NEW
JERSEY
, AUTHORIZING EXECUTION OF DEVELOPER’S AGREEMENT FOR IRENES’ SPRING TREE
FARM ESTATES
WHEREAS, by Resolution PB-04-10 adopted on June 7, 2004, the Planning
Board of the Township of Mendham granted final subdivision approval for the
development of Lots 7 and 42 in Block 147 by Lawrence Farmland, LLC; and
WHEREAS, the aforesaid Resolution requires the execution of a Development
Agreement and the furnishing of a performance guarantee to the Township; and
WHEREAS, the Township Attorney has reviewed and approved the following
document:
Irenes’ Spring Tree Farm Estates Developer’s Agreement, a copy of
which is marked Appendix A and attached to this Resolution.
WHEREAS, the governing body of the Township is satisfied with the
foregoing document.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the
Township
of
Mendham
, in the
County
of
Morris
,
New Jersey
, as follows:
3.
The Mayor is hereby authorized and directed to execute the Irenes’
Spring Tree Farm Estates Development Agreement in the form of Appendix A and the
Township Clerk is hereby authorized and directed to attest such Agreement and to
affix the municipal seal thereto, and when so executed and attested the
Agreement shall be a valid and legally binding obligation of the Township in
accordance with the terms thereof, and the proper officials of the Township are
hereby authorized and directed to make and perform any and all acts necessary to
carry out such Agreement.
4.
This Resolution shall take effect upon adoption.
Mr. Schrier made a motion to adopt R2005-26 and R2005-27;
Mr. Phelan seconded the motion.
ROLL CALL – All present voted YES.
3. Raffle Applications #125 and #126 for the Mendham
Township HSA were approved.
ADMINISTRATOR REPORT
1. Mr. Mountain
provided an update on the Township’s stormwater management plan. He reported
that Mr. Aubin would have a draft for review by mid-March.
2. Mr. Mountain
referred to a letter from Mr. Nadaskay requesting a meeting to discuss the
placing of a sign in front of the Nesbitt Mill.
It was noted that the size requirements were waived and the Township
Committee must give their approval.
3. Mr. Mountain
said he received notice that
Randolph
Township
has adopted the water
agreement with minor changes to the description of the
service area.
Deputy Mayor Pierson said there will be a meeting on
February 24th to go over proposals from architects for the firehouse.
Mr. Mountain said the DEP permit application will be completed by March 1st
or sooner.
OPEN ITEMS LIST
The Open Items List was reviewed and updated.
CORRESPONDENCE
1.
NJCM/Workers Compensation
Legislation
2.
Morris County St.
Patrick’s Day Parade Invitation
3.
NJLM Mayors Fax Advisory
4.
NJLM Legislative Bulletin
5.
Harding
Township/Amendments to Master Plan
6.
Morris County Improvement
Authority/capital lease program
LEGISLATIVE REPORT
APPROVAL OF BILL LIST
The Township Committee approved the charges listed by
department which list is attached hereto and made a part hereof.
HEARING PERSONS PRESENT
Upon motion duly made and seconded the meeting was opened
to the public.
George McKinnell,
West Main Street
: asked about the status of the
grant application for funding towards moving the firehouse out of a flood zone.
Mr. Mountain replied that he has a meeting scheduled with Congressman
Frelinghuysen’s office to discuss the subject.
No others present asked to be heard.
Upon motion duly made and seconded the meeting was closed to the public.
Mr. Schrier asked for an update on the recycling collection
that was scheduled for Monday, February 21st.
Mr. Mountain explained that the MCMUA cancelled the collection due to
inclement weather. They will make up
the collection, at no cost to the Township, on Saturday, February 26th.
Deputy Mayor Pierson noted that this would have been an opportunity to
use the Reverse
9-1-1
system that will soon be in place in the Township.
Upon motion duly made and seconded the Committee went into
closed session at
9:16 p.m.
The Committee discussed an analysis
of possible sites for police headquarters. An
update on the joint library project was provided by Mr. Mountain.
The India Brook Park apartment lease was discussed.
A planning board item and a personnel matter were also discussed.
Upon motion duly made and seconded the Committee returned
to open session at
10:15 p.m.
Mr. Schrier made a motion to provide funding for Greg
Somjen, Architect, to look at the floor plan proposed for a police headquarters
to be located at the DPW site on
Mt. Pleasant Road
; Mr. Phelan seconded the motion.
ROLL CALL – All present voted YES.
Upon motion duly made and seconded the meeting adjourned at
10:17 p.m.
Respectfully submitted:
Penny Newell, Township Clerk
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