MINUTES OF THE TOWNSHIP OF MENDHAM PLANNING BOARD

WORKSHOP MEETING HELD SEPTEMBER 4, 2007

Chairman Giordano called the meeting to order at 7:35 p.m. and asked for roll call.  Upon roll call: 

ROLL CALL 

PRESENT:                  Mr. Krieg, Mr. Pierson, Mrs. Link, Mr. Mountain, Mr. Johnson, Chairman Giordano, Mayor Florek, Mr. Tolley

ABSENT:                     Mr. D’Emidio, Mr. Aubin, Environmentalist

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 June 20, 2007 Regular Meeting with Mr. Johnson’s proposed minor revisions was made by Mr. Johnson, seconded by Mrs. Link, and all eligible to vote agreed.

Motion carried. 

APPLICATION

#PB-07-03 – GREEN VIEW ESTATES (Michael Martirano)

Block 123, Lots 24, 25, 33, 34 & 36                                        Deadline for Decision:  10/17/07

Block B1 227, Lot 72                                                               Escrow:  010005-7

Green View Estates application was presented to the Technical Review Committee on August 28, 2007.  The committee recommended that the applicable completeness waivers outlined in Tom Lemanowicz’s Professional Report dated August 27, 2007 be granted and that the application for Final Major Subdivision be deemed complete.  A public hearing date was set by the Planning Board for October 17, 2007 at the Regular Planning Board Meeting.  Mr. Buzak indicated he would contact the applicant’s attorney to advise him of the hearing date.

DISCUSSION ITEMS

Woodland Lake Ordinance 12-2007

A new ordinance was introduced to the Planning Board in place of the Woodland Lakes cluster zone ordinance that was introduced on July 24, 2007.  The revised ordinance changes the wording of “filed map” to map.  It also added the language that “the Map is available for public inspection at the Morris County Planning Board and at the office of the Mendham Township Municipal Clerk.”  The public hearing on Ordinance 12-2007 is set for the September 25, 2007 meeting of the Township Committee.

The Planning Board discussed accessibility of the Map for any future Woodland Lake issues that may need to be presented to the town.   Mr. Tolley suggested that a copy of the map be attached to the minutes of the Township Committee meeting, at which the ordinance is adopted, for easy accessibility.  Chairman Giordano drafted a letter to the Township Committee indicating

that adoption of the proposed ordinance as modified in Section 21-4A2 is acceptable with the Board’s further recommendation that a copy of the map be attached to the minutes of the

Township Committee meeting.  He also recommended that the word “map” be made consistent throughout the ordinance with no preceding adjective. 

Motion was made by Mr. Tolley and seconded by Mrs. Link to adopt Ordinance 12-2007 and recommend final adoption by the Township Committee.

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

                       Mr. Johnson, Chairman Giordano

NAYES:          None

Motion carried.

Schiff Natural Lands Trust Inc.

                        A draft memorandum from the Board to the Township Committee discussing Schiff’s request for relief from Title 39 was discussed.   The request for relief was made by the Michael Catania on behalf of Schiff asking to modify or eliminate the condition in the resolution requiring that Title 39 be applicable with regard to certain traffic control activities on the site such as parking, direction, speed limits, and stop signs.

                        Chairman Giordano praised the Board for its diligence and integrity in reviewing this matter over an extensive period of time after which time a comprehensive resolution addressing all the issues was adopted.  Although not everyone was completely satisfied with the Board’s determination, the resolution was accepted with its terms and conditions without any challenge.

                        After discussing the reasons as to why Schiff is requesting the relief from Title 39, the Board continued to reaffirm its position as set forth in the resolution – that the applicability of Title 39 as limited in the resolution will be achieved. 

                        Motion was made by Mr. Tolley and seconded by Mr. Johnson to uphold the resolution and to send the memorandum to the Township Committee in hope that Schiff and the Township Committee move in that direction so the matter can be satisfactorily concluded.

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

NAYES:  None

Motion carried.

Mr. Krieg asked Mr. Lemanowicz if B&B Land has removed the stairs and upper patio as set forth in the resolution.  Mr. Lemanowicz said he has not yet done so because of plantings and ground cover that need to be put in.  The stairs and patio will be removed and then the plantings restored.

Mr. Johnson addressed Mr. Buzak regarding the Mendham Township Long Range Facilities Plan Presentation.  Mr. Buzak responded (and also in a letter dated July 17, 2007 to

the Board) that the BOE advised that it is not prepared to present the Plan to the MTPB because the Plan has not yet been “approved” from the Commissioner of Education. 

The Board agreed that the September 19, 2007 Planning Board meeting will be cancelled.  Chairman Giordano asked Mr. Tolley if the Master Plan Committee will still meet on that day, and Mr. Tolley said it will meet.  A time of 7:00 pm was set for the meeting.  Chairman Giordano also asked Mr. Lemanowicz to set an LDP subcommittee meeting for that evening also.  The next Regular Planning Board Workshop meeting is October 17, 2007 with Green View Estates on the agenda.   The October 1, 2007 Workshop meeting is tentatively planned.

Motion to adjourn the meeting was duly made at 8:35 pm.