MINUTES OF THE TOWNSHIP OF MENDHAM PLANNING BOARD

WORKSHOP MEETING HELD DECEMBER 3, 2007

Vice Chairman Tolley called the meeting to order at 7:37p.m. and asked for roll call.  Upon roll call: 

ROLL CALL 

PRESENT:                  Mr. Tolley, Mayor Florek, Mr. Krieg, Mrs. Link, Mr. Mountain,

Mr. Johnson, Mr. D’Emidio, Chairman Giordano (arrived 7:39 p.m.)

ABSENT:                     Mr. Pierson

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

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

MINUTES

Motion to accept the minutes of the October 17, 2007 Regular Meeting and the November 5, 2007 Workshop Meeting was made by Mrs. Link, seconded by Mr. Krieg.  All eligible to vote agreed.

RESOLUTION

PB-07-10 GREEN VIEW ESTATES (Martirano); Final Major Subdivision Approval

Block 123, Lots 24, 25, 33, 34, & 36 – Mendham Township

Block 227, Lot 72 – Randolph

Mr. Buzak began by stating that this is a Resolution granting Final Major Subdivision approval and variance for Green View Estates.  Preliminary approval was granted last year.  Most of the conditions have not been met that were set forth in the Preliminary Resolution; however, the applicant did appear at the October 17, 2007 Regular Meeting to seek final approval.  The conditions that they have not met are to be included in the final conditions, including the execution of a Developer’s agreement and posting Performance Guarantees.  The resolution was transmitted to the other professionals and the applicant’s attorney for comment.  Since there were no comments, it was assumed that it is acceptable.  There is one typographical error on Page 16, Item 11.  The date should read October 18, 2006, not October 18, 2007.  Mr. Buzak recommended that the Resolution be adopted.

Mr. Buzak confirmed Mr. Krieg’s question that the final plat will not be signed until all the conditions are met.

Motion to adopt Resolution #PB-07-10 was made by Mr. Krieg and seconded by

Mr. Johnson.

AYES:              Mr. Krieg, Mr. Tolley, Mayor Florek, Mrs. Link, Mr. Mountain, Mr. Johnson

ABSTAIN:        Chairman Giordano                           

NAYES:           None

Motion carried.

Mr. Buzak raised the fact that there is still an outstanding matter regarding Cannavo (Simava) minor subdivision.  Mr. Lemanowicz elaborated at this point that it is the issue of the two springhouses.  When the Board of Health did their resolution for the septic system, they required that the springhouses be capped and sealed.  Mr. Aubin did not see this as being necessary from an environmental standpoint, and the Planning Board sought to keep the springhouses. The Board of Health resolution and Planning Board resolution were thus, in conflict.   Mr. Lemanowicz went on to say that he, Mr. Cannavo, and Mr. Aubin went out to look at the springhouses. Mr. Aubin then produced a letter to the Board of Health supporting his recommendation.  The Board of Health did not act on this letter so another copy was sent to them.  They have not yet responded. This is a condition of the resolution, which they are not in a position to satisfy until the Board of Health makes a final decision.

Mr. Buzak went on to say that the applicant had an extension of time until December 11, 2007 to perfect their subdivision.  Since the Board of Health has not acted and will not meet again until the end of January 2008, rather than have the Planning Board be called into an emergency session to deal with this issue, Mr. Buzak suggested that it would be in the Board’s interest and the applicant’s interest to extend the time period until February 21, 2008 in order to perfect the subdivision.

Motion was made by Mayor Florek and seconded by Mrs. Link to allow Mr. Buzak to draft a resolution for an extension of time until February 21, 2008 in order to perfect Simava (Cannavo) subdivision.

AYES:  Mayor Florek, Mrs. Link, Mr. Tolley, Mr. Krieg, Mr. Mountain, Mr. Johnson,

             Chairman Giordano

NAYES:  None

Motion carried.

Mr. Johnson asked if there was any feedback from Mr. Beck (B&B Land) regarding the required remedial work at 311 Mendham Road West .  Mr. Lemanowicz responded that a letter was sent to him setting some deadlines as to when his tenant would be required to leave if he did not act on what the Board outlined in its resolution.  He went on to say that Mr. Beck at that point did send plans, which were acceptable, and Mr. Lemanowicz is currently waiting for Mr. Beck to begin implementing the plans.  He will continue to monitor this to ensure that the goals of the plan are met.

DISCUSSION ITEM

Highlands Act (Master Plan)

Mr. Kimball began his discussion with a background of the Highlands Act.  The legislature created the Highlands Act in two areas – the preservation area where restrictions on development would be mandated largely through the DEP but also through the new Highlands Council and secondly, the planning area.  Since Mendham Township falls into the planning area, the new Master Plan would be on a voluntary basis, at least in theory.  When the original Highlands Master Plan was issued, the Township Committee asked the Planning Board to advise them as to the impact on Mendham Township .  Through Mendham Township ’s Master Plan Committee, recommendations were made to the Township Committee, and the result of that was a letter dated April 2007 signed by Mayor Florek to the Highlands Council making a series of recommendations.  In summary, there were three points that were made in the letter.  First, that Mendham Township shared the goals of the regional Master Plan, but it was of their considered opinion that Mendham Township ’s own local Master Plan and the development regulations that have grown out of that Master Plan were more effective in attaining those goals than what was recommended in the Highlands Master Plan.  Secondly, the Mendham Township Master Plan Committee found many inaccuracies, which would affect Mendham Township , particularly in the mapping.  Since specifics were provided by Mr. Aubin as to said inaccuracies, it was felt that the inaccuracies should be corrected before the Highlands Master Plan was adopted.  The third point was a recommendation by the Mendham Township Master Plan Committee that before any new Master Plan is adopted, the public and municipalities deserve a better understanding of the practical implications of the Highlands Master Plan.  The Highlands Master Plan was making very general recommendations about preservation in the environment but was very short on the specifics of what kind of regulations were needed to achieve those recommendations. 

Mr. Kimball continued to add that a revised Highlands Master Plan has been released, and there is a 90-day comment period on the revised Master Plan including a new Land Use Capability Map. The revised Highlands Plan has addressed some of the issues that were raised in the April 4, 2007 letter, at least partially.  The Highlands Council hired a firm that created a new mapping scheme, which claims to be based on more current input.  Historically, the Land Use Capability map is supposed to be based on what were then the 51 indicators or environmental and land use characteristics.  All these indicators have been remapped since the revisions of the Master Plan and are claimed to be more accurate after the work of the Highlands Council.  Mr. Kimball indicated that he found it remarkable, however, how little the map has changed.  The other revision refers to the three primary zone categories, which have been retained.  It is still basically the protection zone, the conservation zone, and what used to be the planned community zone but is now called the existing community zone.  However, three new zones were added, which are subsets of the primary zones.  There is a new sub zone category of the protection zone category called the lake community zone that designates where there exist neighborhood lake development communities.  The sub zone of the conservation zone called the conservation zone restrained areas, which has special environmental sensitivity. The sub zone of the planned community zone is called the constrained areas zone, which again are environmentally sensitive pockets of developed areas.

Mr. Kimball continued to discuss what the practical effects of the new Master Plan will have on municipalities and property owners.  The Highlands Council has made progress in this area. The new Master Plan is dramatically lengthened, and most of that lengthening addresses the practical effects, at least in theory.  The most telling point of the new Master Plan is the voluminous amount of pages outlining a title wave of new regulations that must be established and drafted.  In Mr. Kimball’s opinion, it is an exercise in micromanaging environmental impact on a huge scale.

Mr. Johnson asked Mr. Kimball if this Master Plan would have to be passed by every community or will it be state mandated.

Mr. Kimball said that it is not stated in the recommendations, but he believes that in some cases there will be regulations drafted, regulated and enforced by the DEP and in other cases, there will be regulations that will be drafted as a model ordinance.  However, under the act, any town that it is in the preservation area would be mandated to adopt these into their own regulations.  Since Mendham Township is in the planning area, it is voluntary.  There was some discussion by members of the Board on how items labeled as voluntary are becoming more and more mandatory.  In order to get endorsement for certain funds through the state planning commission, the municipalities must conform their plans to the state plan even though a municipality is not necessarily in a mandated area.   What the state agencies say is good planning will be the standard by which the municipalities will need to correct their own plans.  Mr. Kimball went on to opine that this is very worrisome

Mr. Krieg asked Mr. Kimball if there was any better map than what is currently available (copies of the new revised LUC map were distributed to the Planning Board).  Mr. Kimball responded that under the old plan there were quad maps, but the Highlands Council has not produced new quad maps.  Mayor Florek suggested that Mr. Kimball call the county to see if they have a better map.  Mr. Kimball went on to say that the 90 days to comment on the revised Master Plan began after the Highlands Council officially released the revised Master Plan, which was toward the end of November 2007.  Thus the 90 days would bring the time limit toward the end of February 2008.

Mr. Tolley suggested that the January 16, 2008 Regular meeting be devoted to discussing the revised Master Plan (as a Workshop meeting) while more materials and information is collected on the subject.

Mayor Florek suggested that some of the concerns that Mr. Kimball articulated be crafted on paper within the next couple of weeks before the January 16, 2008 Workshop meeting.

Mr. Krieg continued to say that any questions or information needed should be submitted as quickly as possible so in February it would be on record that Mendham Township is seeking further information and knowledge regarding the revised Master Plan.

Mr. Tolley suggested that the town professionals spend some time evaluating this.  He suggested that the first immediate letter be sent with questions followed by further letters as the matter is examined and more questions arise.  Mayor Florek suggested framing it to convey that the review process has begun along with outlining the immediate larger concerns and indicating that the review process will follow with requests for more information and clarification.

Mr. Mountain reiterated that more information and more resource are needed; however, it was his understanding from the county’s own experience that the Highlands Council is very slow in providing necessary information and resources.  This then does not bode well for the municipalities requesting similar information.  Mr. Mountain suggested that we begin with a request for a complete set of the resources that are needed and based on that obtain from the professionals the time and effort it is going to take them to develop a set of questions.

Mr. Kimball said that Mr. Aubin’s assessment of the new mapping would be most important.

Mr. Mountain said that he would work with Mr. Kimball through the County and through the Council requesting the resources that are needed to even ask the questions.  Without the document and legible maps, it is not feasible.

Again Mayor Florek reiterated the obvious and key things that are needed, which is more information and resources, since that is currently lacking, the detailed map that is needed, and when did the 90-day clock start running or when does it start running. 

Chairman Giordano asked the Board if there was any objection to cancelling the December 19, 2007 Planning Board Regular Meeting.  He confirmed that the next meeting is the re-organizational meeting on Wednesday, January 2, 2008 at 7:30 pm after the Township Committee re-organizational meeting.

Mr. George Johnson will be reappointed to the Planning Board at the January 2, 2008

re-organizational meeting.

Motion to adjourn the meeting was made and seconded at 8:22 pm.

                                                                                    Respectfully submitted,

                                                                                    Beth Foley

                                                                                    Board Secretary