MINUTES OF THE
MENDHAM
TOWNSHIP
PLANNING BOARD
REGULAR MEETING HELD SEPTEMBER
20, 2006
Chairman Giordano called the meeting to order at 7:42
p.m. and asked for roll call. Upon
roll call:
PRESENT:
Mr. Tolley, Mayor Krieg, Mr. Pierson, Mrs. Link, Mr. Mountain (arrived 7:50 p.m.), Mr. D’Emidio (arrived 7:50 p.m.), Mr. Johnson, Chairman Giordano
ABSENT:
None
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
Motion
made by Mr. Tolley, seconded by Mrs. Link to approve the Minutes of the July 5,
2006, Work Shop meeting as amended; all eligible to vote agreed.
Motion carried.
Motion
made by Mrs. Link, seconded by Mr. Johnson to approve the Minutes of the August
7, 2006, Work Shop meeting as amended; all eligible to vote agreed.
Motion carried.
Motion
made by Mrs. Link, seconded by Mr. Tolley to approve the Minutes of the August
16, 2006, Regular meeting, all eligible to vote agreed.
Motion carried.
Motion made by Mr. Pierson,
seconded by Mrs. Link to approve the Minutes of the September 5, 2006, Work
Shop meeting; all eligible to vote agreed. Motion
carried.
ORDINANCE
On a motion made by Mr. Tolley, seconded by Mrs. Link, the
Planning Board determined that Ordinance 22-2006, Amendment to Stormwater
Management Requirements and Controls for Development Projects in the Township as
drafted and transmitted in a memorandum dated September 12, 2006 by Ms. Newell,
was found to be not inconsistent with the Master Plan and was recommended by the
Planning Board for adoption by the Governing Body.
Upon roll call vote:
AYES:
Mr. Tolley, Mayor Krieg, Mr. Pierson, Mrs. Link, Mr. Mountain, Mr.
D’Emidio, Chairman Giordano
NAYS:
None
ABSENT: None
ABSTENTIONS: None
Motion carried.
APPLICATION
PB-06-02; TITTEL, Donn and Barbara;
Minor Subdivision; Block 123, Lot 22; Woodland Road;
Anthony Wahl, Esq. represented the applicant and presented Ex. A-1, revised
plans dated 8-6-06, as drawn by Henry Metzler.
The application proposed a lot line adjustment to separate the log cabin
from the three existing cottages, both lots have frontage.
Mr. Tittel and the professionals of the Board were sworn.
Mr. Tittel said the property had been in the family for years, was
previously subdivided, had two houses built and sold the one on
Mt.
Pleasant
. He had purchased a 50-foot strip
to provide road access, but after the creation of
Knightsbridge Road
, both lots had adequate frontage and he requested to return the lot lines to
their original location. The current
proposal would extend the Township’s existing Conservation Easement, conveyed
in 1978, across the entire southern portion of the property.
The application did not propose any construction, but would like to have
the right to upgrade and modernize the log cabin within the existing footprint
in the future. The engineer’s
report was reviewed. The proposed
lot was substandard due to the wetlands and transition area.
A variance would be required for the 50-foot Conservation Easement, where
150 foot was required. If the
application was approved, Mr. Aubin suggested that no further subdivision be
allowed, require all three cottages to connect into
Randolph
’s sewer line to further protect the environment, to redo the sewer ejection
line and reserve an area for the mother’s house’s future replacement system.
During the initial installation of the sewer lines, Mr. Tittel had
contacted
Randolph
and was told there was no joint agreement between the two townships to allow
connection; the log cabin was connected to water but not sewer.
Mr. Lemanowicz could not verify if an existing building height had
been exceeded to warrant the 61-foot setback, (Ordinance requires an 11-foot
increase for each foot above the allowed 30 foot) and suggested to reference the
increased setback in the deed. Mr.
Buzak said not to grant a variance for the condition, but to accept what was
there.
Mr. Kimball said the proposal would bring numerous
existing violations into conformance, but to ensure enough land around each of
the existing three primary structures on one lot, he said there was sufficient
area for future septic affluent and control management.
Mr. Buzak said to restrict the right to rebuild of the structures,
if any were destroyed more than 50%. Mr.
Wahl said they would agree to restrict additional construction of the cottages,
to reasonable language requested by Mr. Buzak, but would want to improve
the log cabin within the existing footprint in the future.
Motion made by Mr. D’Emidio, seconded by Mr. Tolley to
direct Mr. Buzak to prepare a resolution in affirmance of the applicant’s
request, with the following conditions: 1)
easement be granted with respect to the gas line; 2) restrict development
outside the current footprint of the log cabin on Lot 22; 3) grant waiver
from the 150 foot conservation easement; 4) no additional subdivision, minimum
of 50 foot setback, adjusted for building height, and required to be shown on
the plan, a reserve septic system bed for the lot and shown on the plan.
Upon roll call vote:
AYES:
Mr. Tolley, Mayor Krieg, Mr. Pierson, Mrs. Link, Mr. Mountain, Mr.
D’Emidio,
Chairman Giordano
NAYS:
None
ABSENT:
None
ABSTENTIONS: None
Motion carried.
The resolution would be reviewed at the October 18, 2006, regular
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.
Vincent Bisogno, Esq. represented the applicant.
He gave an overview of the revised application requesting a minor
subdivision for a 10-acre parcel, in the R-3 Zone to create two lots, a variance
was requested since direct access could not be provided to
Cold Hill Road
. Craig Villa, Engineer, referred to
the 10 sheets of revised plans dated 7-31-06, replacing those dated 4-5-06.
Pending Township Committee approval, the current proposal would dedicate
1.65 acres to become part of the Cold Hill Preserve, otherwise that portion
would be combined with the new lot. Required
variances include: the existing
house, the 15-foot setback and the three-story house.
Mr. Villa said two permits were required, one for the removal of the
springhouses, required by the Board of Health and one for the removal of the
existing accessory structure located in the new structure’s front yard.
The proposed driveway and stormwater revisions were consistent with prior
DEP approval. The construction phase
required the removal of 100 trees, which would either be replaced directly on
the property or donated to the Township, placement to be approved by the Tree
Committee. The Brookside Fire Chief
was concerned about the collapse zone. Because
the springhouses provided a significant vernal habitat, Mr. Aubin suggested to
grant a variance to keep them and felt encroachment into the Conservation
Easement, which contained the Transition Area, should not be allowed, both
addressed in Mr. Aubin’s addendum report, dated 9-18-06.
Mr. Villa said they would comply and referred to Sheet 3, identifying the
existing driveway’s entrance which would be removed and said the circular
driveway would allow the existing homeowners to park closer to the house, and
said the proposed driveway exceeded the township’s standards.
Mrs. Link would contact the Board of Health regarding the springhouses
and ponds. Mr. Aubin suggested
that the shed next to the pond be removed if large equipment was not required.
Mr.
Lemanowicz addressed issues regarding the contour label, BMP Manual requirement
of a 4 to 1 side slope, a contingency that if the stormwater management did not
work after a year’s trial that it could be changed, he proposed to reduce the
velocity of water spreading out the parallel flow going to the swale to 15 foot,
and to modify the current proposed sight line, the applicant agreed and was
concerned about the grading. Mr.
Villa and Mr. Lemanowicz will discuss engineering details and would contact the
Tree Committee to discuss placement of tress within the Township.
The driveway would be adjusted outside the building envelope and swales
would be added. The Conservation
Easement would extend down and across the bottom of the property, the house
would tilt away from the circular drive limiting grading and tree disturbance.
The public hearing portion of
the application was carried to November 6, 2006, and the deadline was extended
to November 30, 2006. No further
notice required.
DISCUSSION
Steep
Slope Ordinance: Mr.
Buzak had reviewed and provided comment regarding the maximum allowable slope
disturbance to assure enough disturbance for each individual lot to be
developed, which would be required to be shown on the plan and recorded in the
deed.
The
Board had reviewed a memorandum from Linda Brusco, Board of Adjustment
Secretary, regarding Attorney Mr. Kit Falcon’s letter.
Mr.
Aubin suggested that an easement be shown on Site Plans submitted through the
LDP permit process and not required to be reviewed by a board, to would allow
Township access to maintain the stormwater management facilities on private
property in case the homeowner neglected to take care of it.
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