MINUTES
OF THE
TOWNSHIP
OF
MENDHAM
PLANNING BOARD
REGULAR
MEETING HELD
MARCH
15, 2006
Vice Chairman Tolley called the meeting to order at
7:40 p.m.
and asked for roll call. Upon roll
call:
ROLL CALL
PRESENT:
Mayor Krieg, Mr. Pierson, Mrs. Link, Mr. Mountain, Mr. D’Emidio, Mr. Johnson,
Vice Chairman Tolley
ABSENT:
Chairman Giordano
Others present:
Tom Lemanowicz, P.E., John Aubin, Environmentalist, Ed Buzak, Esq.,
Duggan Kimball, P.P.
In the Chairman’s absence, Vice Chairman Tolley led
the flag salute and announced that adequate notice of the meeting had been
given.
MINUTES
Motion to accept the minutes of the
December 21, 2005
, Regular Meeting as amended, made by Mayor Krieg, seconded by Mrs. Link, all
eligible to vote agreed. Motion
carried.
Motion to accept the minutes of the
January 3, 2006
, Reorganization Meeting, made by Mr. D’Emidio, seconded by Mayor Krieg.
Motion carried.
The minutes of
February 6, 2006
, Work Shop Meeting were tabled to the next meeting.
REVIEW REQUESTED FROM TOWNSHIP COMMITTEE
Ordinance 5-2006:
Mayor Krieg said the Township
Committee amended the Ordinance as recommended by the Planning Board (one-acre
disturbance, 25% impervious coverage, and the Stream Corridor Protection Plan,
which already applied to all but two streams in the Township).
p.
8: No. 4:
“section 4f and 4f should read “section 4f and 4g”.
The same correction is
needed
in No. 3.
p. 24:
personal stormwater management, No. 7, change to “shall evaluate once a
year
and
adjust the plan and the deed as needed with the approval of the township
engineer.”
p
25: Line 3, 11B) under
Appeals, strike the words “by the action”
Mr. D’Emidio made a motion that
the Planning Board direct the secretary to prepare a letter to the Township
Committee in the affirmative that Ordinance 5-2006 is consistent with the goals
and plans of the Master Plan and that the amendments discussed be incorporated
into the letter for the Township Committee’s consideration, seconded by Mr.
Johnson. Upon roll call vote:
AYES:
Mayor Krieg, Mr. Pierson, Mrs. Link, Mr. Mountain, Mr. D’Emidio, Mr.
Johnson,
Vice
Chairman Tolley
NAYS:
None
ABSENT:
Chairman Giordano
ABSTENSIONS: None
Motion carried.
EXTENSION
PB-04-01; Lawrence Farmland L.L.C.
– Irene Spring Tree Farms Subdivision; Block 147, Lot Nos. 7, 42, 42.01-42.04;
A letter was received from the applicant’s attorney, Edward J. Trawinski,
requesting an Extension of Final Major Subdivision Approval to June 7,
2007, which is permitted under the statute at the discretion of the Board.
The Board tabled the matter to the
April 3, 2006
meeting to permit additional review and requested that the applicant or his
representative appear before the Board.
APPLICATIONS
PB-05-04; MILLWARD, Andrew and Melissa; Minor
Subdivision; Block 124, Lots 6, 7, & 8; Block 176, Lot Nos. 42, 43, 44
Randolph Township) The
application was carried to the April 3, 2006 meeting.
PB-05-03; CANNAVO, Michael E./Simava, LLC - Minor
Subdivision with Bulk Variance; Block 130, Lot 6; 25 Cold Hill Road; Mr. Tolley recused himself from the application, Mr. Pierson
presided over the application.
Vincent
T. Bisogno, Esq. represented the applicant and gave a summary of the
application. The existing four-acre
lot would retain the existing house and one outbuilding, the garage and cottage
would be removed, and the proposed new lot would be five acres.
A variance was requested for use of the common drive and easement.
Mr. Villa referred to the driveway turn around on Sheet 3 of 10, Minor
Subdivision Plan, dated
February 3,
2006
.
He said he had exchanged emails with the Fire Official regarding a
minimum radius, which had not been determined, but was told to accommodate the
largest engine. The plans previously
submitted at the
December
21, 2005
meeting were marked Ex. A-1, the revised plans
were marked as Ex. A-2, and Mr. Villa’s testimony referenced Ex. A-2.
He
had revised Sheet 4 of 10, Stormwater Management Facilities.
A technical waiver was required for the 10-foot disturbance.
There was concern about the maintenance cost for the system.
A number of inlets along the driveway and drywells behind the pool were
used to satisfy the Stormwater Management requirements.
The inlet areas shown on the plan were actually berms that would back the
water up to allow proper filtering through the sand.
Trees along the perimeter would be removed to meet the stormwater
management requirements and then replaced once the work was complete.
Mr.
Lemanowicz said the plans looked different
because the required drywells and inlets to preserve water quality
were all on one lot. He wanted to
hear additional comments from the Fire Official regarding the proposed circular
ring driveway, which would reduce paving and said a K-turn could be used.
Mrs.
Link asked about the NBEA for the property and asked if the set backs were
included. She thought the wetlands
and transition area should be deducted from the NBEA and asked for a
recalculation. Mr. Villa said it
would be subject to DEP approval.
Mr.
Aubin said the 25-foot preservation area shown on the Subdivision Plan had been
encroached on the Grading Plan by the stormwater structure and asked if there
had been a direct response from the DEP.
Mr.
Krueger said a 50-foot buffer would be required for the isolated wetlands.
Mr. Aubin said that would be required for calculating the building
envelope area. Mr. Aubin said the
area was heavily used by reptiles and amphibians.
Mrs. Link was concerned that the perimeter was clear-cut through to the
Open Space Preserve and proposed a 25-foot conservation easement around the
perimeter of the property.
Mr.
Buzak said the two preexisting nonconformities did not aggravate the proposed
subdivision and the applicant did not need to seek variances for them.
Mr. Villa clarified that the stone spring house, a concrete pond, and a
small-frame shed would remain.
Mr.
Pierson opened the meeting to the public. There
being no comment the meeting was respectfully closed to the public.
The
application was carried to
April 19, 2006
. Further
testimony on the stormwater requirements, water detention and removal of trees
within the 25-foot set back conservation easement and radius clarification from
the Fire Official and Fire Chief.
PB-05-01;
MARTIRANO, Michael and Vita/Green View Estates; Preliminary Major Subdivision;
Block 123, Lot Nos. 24, 25, 33, 34, 36 Mendham Twp; Block 227, Lot No. 72
Randolph Twp; John Wyciskala, Esq. represented the applicant and presented
Ex. A-29, colorized version of the plan, originally submitted December 5, 2005,
and gave an overview of the original concept.
He said the majority of the property was located in Mendham and a
triangular portion in Randolph. He
then presented two new alternate Concept Plans for the Board to review, Sheet 1
of 3, colorized version Alternate C submitted March 30, 2006 would be Ex. A-30;
Sheet 2 of 3, Alternate Concept Plan D, would be Ex A-31.
The plans proposed three lots instead of four and reduced slope
disturbance in the 10-15% category to 26.3%, and 15.9% in the 15-25% category,
and use of a retaining wall would reduce the disturbance further.
The plans also proposed a public road extension off tanager lane that
would modify Mr. Martirano’s current access and an 18-foot wide rural lane.
The difference between the two plans was the use of a paper street for
Lot 25.01, which did not front on a public road.
Ex. A-30, Alternate C had proposed access by use of a 250-foot diameter
circle. The difference shown on Ex A-31, Alternate D, was the change in the lot
line and no paper street bulb and a bulk variance would be requested.
Deed restriction would be used so no further subdivision would be
allowed. However, the applicant
would need to request a bulk variance.
Mr. Kimball said the new flag lot ordinance did not
apply in this zone but it had some of its implications since the large lot would
become the flag lot. Mr. Kimball
requested that the road alignment be staked so that the Board members could
visit the site.
Mr. Aubin asked how large the disturbed area would
be that would impact the stormwater management rules.
Mr. Villa said he was looking at the surrounding property, the DPW, and
proposed police property and said the numbers may slightly change when actually
doing the design. He proposed to
preserve trees and to use retaining walls and would consult the professionals on
materials used. He said there were
physical limitations similar to Tanager Lane with respect to stormwater
management, but he was working parallel with the grading to reduce disturbance.
The Board preferred Concept D, which did not use
the paper cul-de-sac and wanted to the emergency access clarified.
.
Mr. Aubin suggested that stormwater management for
each lot should stand on its own and asked about the size of the homes.
Vice Chairman Tolley wanted further discussion and
guidance on Flag Lots, Stormwater Management and Steep Slopes at the April 3,
2006 meeting. Further discussion on
Ordinance and duties of the Planning Board and Board of Adjustment were
discussed.
Mr. Tolley said they want to see more details from
the applicant. The application was
carried to the May 17, 2006 meeting, the deadline was extended to June 30, 2006,
and re-notice was required. The
attorney would let the secretary know when the area was staked.
Motion made by Mr. Mountain, seconded by Mayor
Krieg to open the meeting to the public.
Adelio Campos, Tanager Lane,
was concerned about water runoff because of the SAJ development.
They were told to meet the fire code on the grading of the driveway, and
a lot of dirt was removed and what happens to the dirt from Green View, and was
upset about the noise. Mr. Villa
told him if it could not be used it would be taken off the land.
Evan Flynn, 31 Mt. Pleasant, was concerned about
erosion, use of retaining walls, water and lighting of a long driveway.
The professionals and Board discussed the use of
retaining walls, which could reduce disturbance and big topography cuts.
PUBLIC SESSION
Vice Chairman Tolley opened the meeting to the
public for open discussion. There
being none, the meeting was closed by Mr. Pierson, seconded by Mr. Mountain.
CORRESPONDENCE
The
Board received a letter regarding the Schiff Home Owners Association, which
would be referred to the Planning Board from Township Committee at a later date.
Mr. Mountain was writing a memo and Brookrace would be given adequate
notice prior to the meeting.
CLOSED SESSION
Motion was made by Mr.
Pierson, seconded by Mayor Krieg to close the meeting to the public and start a
closed session.
Motion was made by to open the
meeting and seconded. Motion made to
adjourn the meeting at 10:18 p.m.; all agreed.
Respectfully submitted,
MaryAnne Gruszecki
Board Secretary
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