MINUTES OF THE TOWNSHIP OF MENDHAM PLANNING BOARD

WORK SHOP MEETING HELD NOVEMBER 7, 2005

Chairman Giordano called the meeting to order at 7:38 p.m. p.m. and asked for roll call.  Upon roll call: 

ROLL CALL 

PRESENT:                  Mr. Pierson, Mrs. Link, Mr. Mountain, Mr. D’Emidio, Chairman Giordano

ABSENT:                     Mr. Tolley, Mayor Krieg

Others present:           Tom Lemanowicz, P.E., Edward Buzak, Esq., Duggan Kimball, P.P.

The Chairman led the flag salute and announced that adequate notice of the meeting had been given.

Mr. Tolley joined the meeting in progress at 7:45 p.m.  

RESOLUTIONS

PB-05-05; Mahyar, Sharyar; Lot Development; request for Steep Slope Variance; Block 148, Lot 2; Mr. Buzak reviewed the changes in the resolution as recommended in the Engineer’s letter dated November 2, 2005 .  

Motion to approve the application granting the Lot Development Permit and to allow a variance for the 15-25% category subject to the conditions as stated by Mr. Buzak made by Mr. D’Emidio, seconded by Mr. Pierson.  Upon roll call vote: 

AYES:              Mr. Pierson, Mrs. Link, Mr. D’Emidio, Chairman Giordano

NAYS:              None

ABSENT:         None                ABSTENTIONS:  None

Motion carried. 

APPLICATIONS 

PB-05-04; Millward, Andrew and Melissa; Minor Subdivision; Block 124, Lots 6, 7, & 8; Richard Sweeney, Esq. represented the applicant.  Mr. Lemanowicz reviewed the requested checklist waivers #26, #27, #30, #31, #37, #41, #45 #63.  Mr. Kimball recommended that the application be deemed complete.  Chairman Giordano, hearing no objection from members of the board, accepted the recommendation that the waivers be accepted and deemed the application complete. 

Mr. Sweeney presented Ex. A-1, aerial view of Mt. Pleasant Road , and identified the property, which was located in both Mendham Township and Randolph .  He told the Board how the property would be serviced between both municipalities and that the property would be accessed through a driveway located in Mendham Township off Mt. Pleasant Road . 

Mr. Buzak informed the Board that there were two residential structures located on the Mendham portion of the property, which would result in an additional variance.  The second structure was a rental. 

All witnesses and professionals were sworn. 

Mr. Sweeney presented Ex. A-2, Sheets 1-11, showing subject property and the proposed project, which did not have existing roadway frontage. 

Chairman Giordano opened the meeting to the public. 

Bruce Yaeger read through meeting minutes from Randolph Township .  He asked if all variances for the house’s structure had been put in place or were there any contingencies that needed to be approved by Mendham Township .  Mr. Sweeney said the only contingency in the Randolph Township ’s resolution was that an approval be granted by Mendham Township . 

Michael Spillane, Engineer on the project, was proffered as a professional.  Chairman Giordano opened the meeting to the public for question regarding Mr. Spillane’s credentials.  There being no questions from the public and no objection from members of the Board, Mr. Spillane was accepted as an expert in the area of engineering.  Mr. Spillane went through the proposed subdivision, and spoke about the easement, driveway and sight distance.  He said only one tree would be removed.  He discussed drainage caused by impervious surfaces and how it would be handled.  Mr. Tolley asked about the width of the driveway and the impact on water quality. 

Mr. Sweeney referred to Mr. Lemanowicz’s report of November 4, 2005 and discussed sight profiles. 

Mr. Spillane discussed Sheet 2 of 2, which showed the ability to turn around a vehicle in the driveway, a design required by the Randolph Fire Department.  Mr. Pierson said a section of the driveway would need to be 18 foot wide for a 40-foot section to allow for passage of emergency vehicles.  Mr. Spillane said all utilities will be in the driveway and their present proposal is to allow access via a private easement which would be recorded in an instrument which would be recorded with the registrar of deeds allowing for continuing usage even with the eventual future sale of the property.  The applicant would need to reapply for the LOI if the work is not completed by the expiration date of December 27, 2006 . 

Chairman Giordano asked if the property would have access from Shady Lane and was told that it could not due to the wetlands and the stream on the property.  He then referred to Ex. A-3, the cover page, and asked about Lots 46, 47, and 48 which were large in size.  Mr. Spillane said that the Gaspareks, whose application had not been approved, owned Lot 48; he did not know about the Rossi property on the other lot. 

Mr. Tolley said the driveway meandered too close to the neighbor’s property and would be visible from their property.  Mr. Sweeney said trees had recently been removed on the neighbor’s property.  The plan that they proposed was designed to keep all the trees, relocation of the driveway further from the neighbor’s property line, would result in additional tree removal.  However, the relocation of the driveway and the easement away from from the neighbor’s property would serve to improve the sight distance. 

Mr. Sweeney presented Ex. A-6, letter dated January 4, 2005 , from Randolph Township regarding the supply of water to the property.  The letter and additional correspondence had been submitted as part of the original application to the Planning Board office. 

Chairman Giordano opened the meeting to the public to question Mr. Spillane. 

Larry Cronen, an attorney, questioned the validity of the notice since a variance was now required for the application to proceed and was concerned with the location of the meandering driveway and how close it would be to his client’s property. 

Mr. Buzak said the notice was satisfactory and that the applicant stated in his notice that other variances may be sought.  He said if the applicant wanted to seek the variance, there would be no need for the easement and the plans would need to be modified.

Mr. Kimball referenced the encroachment portion of the ordinance, Section 216.4 and said that the front yard was not traditional, but its setback would be 25 foot.  The Board felt that the driveway should be repositioned further away from the neighbor’s property. 

Steven Yarbus, Lot 89, questioned the linear footage to the wetlands and asked what additional trees would be at risk. 

Chairman Giordano closed the meeting to the public. 

Allen Millward, owner of the property gave testimony on the buildings on the property, said the cottage was built in 1946, the house in 1955, and gave testimony regarding the resident of the rental cottage.  He said the resident had been there for 25 years and that all utilities were tied to the main home including the sewer. 

Chairman Giordano opened the meeting to the public. 

Jodie Isarel, #13 on the other side, said there was a cottage, a barn, stable and horses on the property. 

Mr. Buzak said a condition of approval would allow the tenant to continue to reside at the cottage, but upon termination of the relation of that particular resident, the cottage could no longer be used as a rental.  The building could not be enlarged vertically or horizontally and would be recorded in the deed. 

Mr. Lemanowicz reviewed what would be required prior to the next meeting.  Mr. Kimball reviewed his reported dated September 21, 2005 , regarding the zoning noncompliance issues.  He also reviewed his November 1, 2005 , letter which discussed the accessory structure that was occupied as a dwelling. 

Chairman Giordano opened the meeting to the public, there being no further comments; the meeting was respectfully closed to the public. 

The application was carried to the next meeting.  

ANNOUNCEMENTS

Mr. Tolley informed that Board that the Master Plan Subcommittee would meet December 5, 2005 . 

Mr. Mountain reported that Mr. Irene would not appear at tonight’s meeting and gave a status of the Irene Spring Tree Farm water issues. 

The Board had a discussion regarding the Flag Lot Ordinance.  Mr. Lemanowicz discussed changes that were made.  The Board reviewed the letter submitted by Penny Newell. 

Mr. Pierson said both he and Mrs. Link had visited the Matirano/Green View Estates property. 

Motion to adjourn the meeting was made; all agreed at 10:58 p.m.  

                                                                                                Respectfully submitted. 

                                                                                                MaryAnne Gruszecki