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REGULAR
MEETING Chairman Giordano called the meeting to
order at ROLL
CALL
PRESENT: Mrs. Link, Mr. D’Emidio, Mr. Tolley, Mayor Krieg, Mr. Pierson, Chairman Giordano ABSENT:
Mr. Mountain, Others present: Duggan Kimball, P.P., John Aubin. Environmentalist, The
Chairman led the flag salute and announced that adequate notice of the meeting
had been given. MINUTES
FOR APPROVAL
Motion to accept the minutes of the Motion
to accept the minutes of the The
Minutes of the APPLICATIONS
PB-05-05;
Mahyar, Sharyar; Lot Development; request for Steep Slope Variance; Block 148,
Lot 2; Robert Van Rensselaer, Esq. was present and gave an overview and closing
of the testimony given at the October 3, 2005 meeting.
The plans had been revised to reflect the Board’s prior suggestions,
the request for the Steep Slope Variance for the 25% standard was no longer
needed, a variance on the 15-25% category was still requested.
The markers on the modified conservation easement had been extended,
shown on the plan on Sheet 2 of 7, the letter from the architect with respect to
the question on floor area requested by the Board’s engineer had not yet been
received. Attorney Van Rensselaer
said the application was a classic hardship case where the applicant was allowed
to appeal to the Board and said the house’s size was comparable to the
surrounding neighbors on Chairman Giordano said there were still open issues for the application and would need to be reflected in the resolution as follows: letter from architect regarding floor area ratio, the Morris County Soil Conservation report, conservation easement deed language to show shape and its restrictions. He said the suggested regarding hay bales and silt fencing and markers was completed but had asked about the vegetation cover requested. Mr.
Yannacone said the notes regarding vegetation were addressed on Sheet 4 of 7,
note #22 on revised plans dated Chairman
Giordano said the Historic Preservation Committee dated Mr.
Tolley asked if the application had been reviewed by the Fire Subcode Official,
with respect to emergency situations and the difficulty of the lot and being
able to reach the fire. Mr.
Yannocone said the home is 100 feet from pavement.
Mr. Tolley said it was steep with higher elevations, and was concerned
about the driveway and multi-vehicle use. Chairman Giordano said conditions of the resolution would be to meet the fire code and wanted the record to reflect that the variance for the 25% slope was eliminated and that tree removal had been reduced. Motion
to approve the application granting the lot development permit and allowing a
variance for the 15-25% category subject to the conditions stated was made by
Mr. Pierson, seconded by Mr. D’Emidio.
Upon roll call vote: AYES:
Mrs. Link, Mr. D’Emidio, Mr. Pierson, Chairman Giordano NAYS:
None ABSENT:
None
ABSTENTIONS: None Motion
carried. DISCUSSIONMrs. Link discussed revising the Steep Slope Ordinance to eliminate the greater than 25% slope area. The Planning Board had previously compared the Ordinance to the Ten Towns Model Ordinances, which recommended zero disturbance on slopes over 25%. The Planning Board had wanted to monitor it for a year. She said the 25% was proposed to be used for driveway and utilities and not the home nor the septic. She said the Ordinance lacked restrictions and could be used for both house or septic. She had distributed the current Ordinance, the Steep Slope Model Ordinance which suggested to allow roadway crossings and utilities, and a sheet from the Whippany Watershed Action Committee which was similar and suggested to leave it up to the Board to grant disturbance. She recommended that the Planning Board revise the Steep Slope Ordinance for slopes over 25% would have conditions or not to allow them at all. Mr.
Tolley said a tremendous amount of disturbance was allowed.
He used the present application as an example.
Mrs. Link said to keep disturbance out of the 25% category and to keep
future applications’ subjected to driveway and utilities.
Mr.
Kimball said the applicant would need to show a hardship that you cannot build a
house without a variance and placing the driveway through the step slope was the
better plan. Mr. Kimball said he was
troubled with the section because there were problematic aspects in the way it
was set up. The Township should
avoid litigation on this subject, and there were a lot of aspects that would
cause an appeal and toughening in the respect to lot development is not
something the Board would want to do. He
said it would be okay to apply this to subdivisions but not the enforcement of
lot development. Chairman
Giordano asked Mr. Kimball to contact Mr. Lemanowicz to discuss the Steep Slope
Ordinance prior to the next meeting where discussion would continue.
Mr.
Pierson said had brought up a technical item which was not precisely worded in
the Master Plan. He said that
measuring for each floor of a house should be done from the outside because of
atriums and great rooms to limit size. FAR
and phantom floors will be placed on the agenda and discussion continued at the
next meeting. Mr.
Tolley and Mr. Pierson left the meeting to respond to a fire.
Motion
to open the meeting to the public was made, there being no comment the meeting
was respectfully closed to the public; all agreed.
Motion
to adjourn the meeting at
Respectfully submitted,
MaryAnne Gruszecki
Board Secretary |
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