MENDHAM
TOWNSHIP
PLANNING BOARD
NOVEMBER 6, 2006 WORK
SHOP MEETING
Chairman Giordano
called the meeting to order at 7:42 p.m. and asked for roll call.
Upon roll call:
PRESENT:
Mayor Krieg, Mr. Pierson, Mrs. Link, Mr. D’Emidio, Mr. Mountain,
Mr.
Johnson, Chairman Giordano
ABSENT:
Mr. Tolley
Others present:
Tom Lemanowicz, P.E., Duggan Kimball, P.P., John Aubin,
Environmental,
Edward J. Buzak, Esq.
The
Chairman led the flag salute and announced that adequate notice of the meeting
had been given.
MINUTES
PB-05-03;
CANNAVO, Michael E./Simava, LLC; Minor
Subdivision with Bulk Variance; Block
130; Lot 6; Paul H. Loeffler,
Esq. represented the applicant, Craig Villa, P.E., addressed
the revisions in response to the Committees’ and Professionals’ reports.
He would continue to work on storm water management issues with Mr.
Lemanowicz. He had submitted an
environmental report covering the proposed dedication of 1.65 acres to the
Cold Hill Reserve.
Mr. Aubin commented that
the house was shifted away from one Conservation Easement and towards another.
Mr. Villa said they proposed to install plastic and silt fencing along
the Conservation Areas for protection during construction.
A technical variance
required for the concrete pond would be considered a hardship since the pond was
in a protected wetland.
Mrs. Link pointed out
that a Tree Easement was proposed on the north side, but said a 25-foot
Conservation Easement was requested to run around the perimeter of the property.
Mayor Krieg was concerned about disturbance three foot off the
Conservation Line; Mr. Villa said the Easement was near the low end of the
retaining wall and he could shift it back.
Mr. Buzak said a total of
six variances were requested: one
each for the two springhouse, one for the concrete pool, one for the height
variance for the house, one for the house’s setback and one for the planning
variance. He said the existing
non-conforming structures did not require a variance and if destroyed could be
rebuilt as is. The planning variance
and the insufficient street access variance would be a straight variance, the
Board would need to determine if the variances for the concrete pool and
springhouses were justified, and if a conditional or straight variance should be
granted for the building height and the insufficient street access.
Motion to direct Mr.
Buzak to draft a resolution in affirmance of the application and to grant the
five variances and restrictive conditions was made by Mr. Johnson, seconded by
Mr. Mountain. Upon roll call
vote:
AYES:
Mayor Krieg, Mr. Mountain, Mr. D’Emidio, Mr. Johnson, Chairman Giordano
NAYS:
Mr. Pierson, Mrs. Link
ABSENT:
Mr. Tolley
ABSTENTIONS: None
Motion carried, and the Resolution will be before the
Board at the December 4, 2006 meeting.
DISCUSSION ITEMS
Lot
Development: Mr. Lemanowicz discussed
the Lot Development Permit, the three ordinances that are affected, and the
differences when going through a major and minor subdivision.
He would provide a draft to be reviewed at the December 4, 2006 meeting.
He also discussed the different options to determine building height,
i.e., where and when to measure, measuring at the preexisting grade, measuring the existing grade 10 feet from the
house and additional variances that may stem from the measurement, where
building height may actually reduce from 35 34 foot.
Nitration Dilution Model:
Randolph
Township
1 acre vs.
Mendham
Township
3-5 acres: Mr. Aubin
suggested to carry the discussion to the December 4, 2006 when Mr. Tolley would
be present.
SCHIFF/BROOKRACE
HOMEOWNERS ASSOCIATION ISSUES
Mr.
Buzak gave an overview and distributed a packet of copied emails and
correspondence that occurred between himself and Nancy Gage, attorney for
Brookrace Homeowners Association, Renu Shevade, attorney for Schiff and Nancy
Lottinville, attorney for the Muratores.
He
said the Board had determined that the road had existed at the creation of the
Open Space Management Plan and Conservation Easement, that the road was
previously paved, the Board had approved the use of the road but wanted the
homeowners to decide if it would be an entrance or egress onto Brookrace Drive,
and the Board determined that Schiff had made a material change (the documents
stated that a material change required the Planning Board’s decision).
The
Board took a break at 10:13 pm. and reconvened at 10:26 p.m.
During
discussion, it was decided that ingress would be permitted from Pleasant Valley
Road with egress onto Brookrace Drive and a one-way traffic flow, gating
was required and would be installed at both entrance and exit (a flexible steel
pipe). The gates would be closed
through the night or after the night program is concluded, the Board would need
to determine exact hours to be closed from and until, except for night meetings,
where gating the exit would occur upon conclusion of the program.
Schiff had to establish that sufficient parking was available
on premise for night meetings and not to allow parking in the street.
After
discussion, it was determined that the Homeowners Association’s, Schiff’s,
and the Muratores’ attorneys would need to decide on the screening and
buffering either stockade fencing, natural plantings, etc. prior to returning to
the December 4, 2006 meeting, otherwise the Board would make the final decision.
At the December 4, 2006 meeting, Schiff would provide a budget for
screening and fencing and a fair and reasonable investment amount that Schiff
would invest.
The
Planning Board recommended that the Township Committee enact Title 39 throughout
the Schiff property so that the stop sign and 15 mph speed limit could be
enforced by the police.
Motion
to adjourn the meeting at 11:01 p.m. made by Mr. Pierson, seconded by Mayor
Krieg.
Respectfully submitted,
MaryAnne Gruszecki
Board Secretary
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