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MINUTES OF THE TOWNSHIP OF MENDHAM PLANNING BOARD

WORK SHOP MEETING HELD FEBRUARY 6, 2006

 

 

Vice Chairman Tolley called the meeting to order at 7:30 p.m. and asked for roll call.  Upon roll call: 

 

ROLL CALL 

 

PRESENT:                  Mr. Tolley, Mayor Krieg, Mrs. Link, Mr. Mountain, Mr. D’Emidio, Mr. Johnson, Chairman Giordano(arrived 7:50 p.m.)

ABSENT:                     Mr. Pierson

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

 

Mr. Millward was in attendance as a member of the public. 

 

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

 

MINUTES

 

Motion to accept the minutes of the October 3, 2005 , Work Shop Meeting made by Mrs. Link, seconded by Mr. Mountain, all eligible to vote agreed; Mayor Krieg abstained.  Motion carried. 

 

Motion to accept the minutes of the November 7, 2005 , Work Shop Meeting made by Mayor Krieg, seconded by Mrs. Link, all eligible to vote agreed.  Motion carried. 

 

Motion to accept the minutes of the November 21, 2005 , Regular Meeting made by Mayor Krieg, seconded by Mrs. Link, all eligible to vote agreed.  Motion carried. 

 

Motion to accept the minutes of the December 5, 2005 , Work Shop Meeting made by Mayor Krieg, seconded by Mrs. Link, all eligible to vote agreed; Mr. D’Emidio abstained.  Motion carried. 

 

The minutes of January 3, 2006 Work Shop meeting were tabled to the next meeting. 

 

Motion to accept the minutes of the January 18, 2006 , Regular Meeting made by Mayor Krieg, seconded by Mr. D’Emidio, all eligible to vote agreed.  Motion carried. 

 

APPLICATIONS: 

 

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; Mr. Buzak had received a letter from applicant’s attorney, requesting to carry the application and to extend the deadline.  Mr. Kimball recommended that the Board view the site and the alignment of the road.  The application was carried to March 15, 2006 , deadline extended to April 30, 2006 . 

 

PB-05-04; Millward, Andrew and Melissa; Minor Subdivision; Block 124, Lots 6, 7, & 8; Mr. Lemanowicz informed the Board that he would be meeting with the applicant’s engineer, on Friday, February 10, 2006 .  The application was carried to February 15, 2006 , without further notice, deadline extended to April 30, 2006 . 

 

Chairman Giordano joined the meeting in progress at 7:50 p.m.

 

DISCUSSION

 

Mr. Tolley asked about additional meetings of the Master Plan Subcommittee regarding rezoning.  A follow-up meeting was not scheduled, but a site visit was requested.  A closed session would be scheduled for the next meeting.  The meeting regarding Woodland Lakes would be held on April 19, 2006 . 

 

Mrs. Link discussed the State required course for Board members.  It was decided that members would attend in the fall. 

 

MASTER PLAN

 

Stormwater Management Plan Element March 2005, Chapter XVI; Mr. Aubin presented the Plan Element written in accordance with NJAC7:8 Stormwater Management Rules in New Jersey and informed the Board that the DEP designated Mendham Township as a small discharger of water.  He said the Stormwater Management Plan, Ordinance and its Resolution would need to be adopted and filed with the DEP by April 1, 2006 .  He had worked with Ralph Rhoades, Environmental Committee, and had incorporated all comments into the document.  He said decisions would need to be made on:  what size project the Ordinance would apply to, non-structural management, stormwater recharge, stormwater runoff quality, stream corridor protection, and ownership of stormwater facilities. 

 

Mr. Aubin said a major project creates more than a ¼ acre of impervious surface, which would trigger the Ordinance.  The Board could decide to require a lower threshold (5000 sf and 95% TSS removal throughout the Township), but Mr. Lemanowicz said it would overburden the Township and that the regulations should apply only when the Ordinance is triggered.  He said cutting a lawn is a disturbance and the regulation would need to be satisfied.  The Ordinance could be written to exclude things such as a garden.  It was a concern because there were no time periods in the regulation.  The DEP could check prior authorizations by block and lot.  The Board voiced their concerns on increasing the threshold. 

 

The Board would need to address non-structural requirements for the applicants, i.e., a 25-foot conservation perimeter easement to provide natural filtering.  A groundwater recharge requirement would ensure that predevelopment and post-development stages equal the same.  All but two streams in the Township fell under the Category 1 Streams, which require a 300-foot special water resource protection area on either side and 95% TSS removal.  The other areas require 80%.  

 

The Board would also need to decide who would be the owner/responsible party of the stormwater facilities.  If the homeowner were to own the facilities, a bond could be requested to provide the maintenance or the Township can own all the facilities and bill across the board.  Mr. Lemanowicz said after every storm exceeding one inch, someone would have to check the stormwater management system (infiltration basin, detention basin, swale).  The Board was concerned with the cost and the possibility of just ignoring the responsibility.  Mr. Lemanowicz said to keep the Ordinance generic and that it could be dealt with individually in another Ordinance. 

Pending public comment, it was decided that a quarter of an acre of impervious coverage and one acre of disturbance would be used. 

 

Mr. Aubin said that non-structural stormwater management strategies were not required at this time, which dealt with road-scape by using a 50-foot conservation easement to protect flora and fauna. 

 

Mr. Aubin said to mandate to use to the greatest extent nonstructural methods.  A portion of a lot could be dedicated to remain in its natural state to reduce the overall runoff allowing the facilities to be smaller.  He suggested that every new development that triggered the Ordinance must dedicate a portion of the site to manage the water and suggested that the ordianance be drafted with a  numerical criteria.  He said that X number of years and acres would also be a trigger, a major project would automatically trigger the Ordinance.  He said during the formation of the subdivision, there is no information on the size of the house and its location, he suggested to assign an arbitrary number for the footprint and that each lot should stand on its own for stormwater management requirements. 

 

Ground water recharge.  He suggested  the ordianance require each dwelling to calculate a water budget to balance for the total combined lose.  Mr. Aubin will prepare an analysis for the Board to review, comparing recent projects as an example. 

 

Runoff Quality Standards.  He said most of the Township required 95% and it would be simpler to have just one standard instead of 80 and 95%. 

 

Stream Corridor Protection:  The Township has the option of adopting the protection. 

 

Mr. Lemanowicz and Mr. Aubin will work on the changes together. 

 

Motion was made to direct Mr. Lemanowicz and Mr. Aubin to make the changes to the draft Ordinance and to recommend the document to the Township Committee by Mr. Tolley, seconded by Mr. Mountain.  Upon roll call vote: 

 

AYES:              Mr. Tolley, Mayor Krieg, Mrs. Link, Mr. Mountain, Mr. D’Emidio, Mr. Johnson,

Chairman Giordano

NAYS:              None

ABSENT:         Mr. Pierson      ABSTENTIONS:  None

Motion carried. 

 

The revisions were required by February 28, 2006 along with a one-page executive summary submitted to the Township Committee. 

 

Mr. Kimball said the only changes that he made to the Master Plan Element dealt with future development, the DEP model wanted the plan to deal with the predicted future development for use with Plan which could cause an inconsistency. 

 

Motion was made to open the meeting to the public by Mayor Krieg, seconded by Mr. Tolley; all agreed. 

 

Mr. Millward asked about controlling groundwater by using the 25-foot conservation easement for sheetflow, and how it would work around the house and driveway.  Both Mr. Aubin and Mr. Lemanowicz said it would be beneficial. 

 

There being no further comment the meeting was closed to the public by Mr. Tolley, seconded by Mr. Mountain; all agreed.  . 

 

The fire alarm sounded and Mr. Tolley left the meeting. 

 

Mr. Kimball said that the Stormwater Plan was a free standing Element of the Master Plan and requested that the Resolution reflect the changes. 

 

Motion to adopt the Stormwater Plan Element and its Resolution as amended made by Mrs. Link, seconded by Mayor Krieg.  Upon roll call vote: 

 

AYES:              Mayor Krieg, Mrs. Link, Mr. Mountain, Mr. D’Emidio, Mr. Johnson,

Chairman Giordano

NAYS:              None

ABSENT:         Mr. Pierson      ABSTENTIONS:  None

Motion carried. 

 

Mr. Kimball said that the water resources were protected when the new Master Plan was adopted with the rezoning. 

 

DISCUSSION

 

Mr. Mountain said Mr. Millward was present.  He discussed the escrow challenge.  The Township Committee recommended that a subcommittee be formed to handle the matter which was still pending.  The initial letter received was a generic objection to the bills received, which did not define what was being challenged.  Chairman Giordano requested that  a determination in writing from the applicant’s attorney designating which items were to be reviewed be submitted within the next 30 days.  Chairman Giordano and Mr. Mountain would comprise  the subcommittee which will attempt to mediate the issue. 

 

A meeting was held for the public to discuss the proposed site for the police department.  A second public information meeting was required and the timing of that meeting would determine when the application would be presented to the Board. 

 

ADJOURN

 

Motion to adjourn the meeting was made by Mayor Krieg, seconded by Mr. Mountain at 10:24 p.m. 

 

                                                                        Respectfully submitted,

 

 

                                                                        MaryAnne Gruszecki

                                                                        Board Secretary

 

 

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