MINUTES OF THE MENDHAM TOWNSHIP PLANNING BOARD

WORK SHOP MEETING HELD SEPTEMBER 5, 2006

Chairman Giordano called the meeting to order at 7:42 p.m. and asked for roll call.  Upon roll call: 

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

ABSENT:                     Mr. Tolley, Mr. D’Emidio

Others present:           Tom Lemanowicz, P.E., Duggan Kimball, P.P., John Aubin, Environmental, Tiena M. Cofoni, Esq.

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

MINUTES

The Minutes of the July 5, 2006, Work Shop meeting, August 7, 2006, Work Shop meeting, and August 16, 2006, Regular meeting were tabled to the next meeting. 

SCHIFF/BROOKRACE HOMEOWNERS ASSOCIATION The Board discussion, at the request of all parties, was carried to October 2, 2006.  The report from the Counselors’ on the results of their progress would be carried to November 6, 2006 meeting.

APPLICATIONS

PB-05-01; GREEN VIEW ESTATES/MARTIRANO, Michael and Vita; Preliminary Major Subdivision; plus variance for lot geometry circle; Block 123, Lot Nos. 24, 25, 33, 34, 36 Mendham Twp.; Block 227, Lot No. 72 Randolph Twp; John Wyciskala, Esq. represented the applicant and gave a brief overview of the application that proposed to extend Tanager to create a four-lot subdivision.  At the prior meeting, Peter Steck, Planner, proposed a lot geometry circle variance for Lot  25.03, Les Roman, Environmental Consultant, addressed the EIS.  Mr. Villa had reviewed the revised plans dated August 7, 2006, and the revised Stormwater Management report dated 8-4-06.  The changes included bio-retention basins with organic surface for plantings and an under drain system.  He referred to A-34, Sheet 5 of 26 dated September 5, 2006, plans dated August 4 2006, and identified the 25-foot conservation easements.  Mr. Wyciskala said the new owner who purchased the SAJ property was not interested in obtaining the small triangular shape of land identified on the plans.  He requested that any conservation easements be drafted in such a way as to allow the new owners to apply for farmlands assessment to be applied to Lot 25.01. Since the assessment requires a five-acre minimum, preparation of a plan by a local forester, and approval of the plan by the DEP, Mr. Wyciskala just wanted to be sure that the form of easement approved by the Board did not prohibit the application.  Mr. Aubin suggested that only rubber-tired equipment be allowed access and that was agreed to by the applicant.  Mrs. Link requested that the conservation easement be extended to the 874 contour line to protect the slopes; Mr. Wyciskala agreed.  Ex. A-35, Sheet 6 of 25, dated September 5, 2006, showed extension to the 870 contour as prepared by Mrs. Link.  The revised plan needs to identify where the markers will be placed. 

Mr. Wyciskala went over Mr. Lemanowicz’ September 1, 2006, report and agreed to the entire report except as noted: 

p. 2, 1.06, item b. and p. 3, 1.07: Applicant agreed to amend the application to apply for a deminimis variance for 21-6.4d, driveway placement be half the setback off the sideline, in case it would be required to obtain the LDP, testimony was previously given by Mr. Steck for the Lot Geometry Circle variance. 

p. 3, 2.01:  Board and applicant agreed to recessed concrete, one to two inches below the surface to reinforce the side contours of the road surface. 

p. 4, 2.07 and 2.08:  Mr. Wyciskala would find out where No Parking signs are required. 

p. 5, 3.03, item e:  After discussion, it was determined that the proposed 2:1 slope of the basin would remain. 

p. 6, 4.03 and 4.04:    It was determined that basins b1 and b2, are water quality basins and filter through plantings and the under drain, there was adequate water for forced recharge. 

p. 6, 4.05:  The applicant agreed they would perform the additional soil test. 

p. 8, 4.16 items a and b:  The applicant further agreed to fine tune calculations for a shorter length of sheet flow, peak flows were reduced and recharged into the ground, which would not increase flow into Tanager and would reduce peak run off towards the DPW. 

The water flow from the top of Tanager would be collected and would no longer reach the bottom.  Mr. Villa and Mr. Lemanowicz would work together to revise the calculations, which would be required prior to the memorialization of the resolution.  The deadline for decision would be extended to October 31, 2006, to allow for the resolution to reflect the calculations. 

Mr. Villa clarified that wells were proposed, not a water system, but fire lines from Randolph Township would be extended into the subdivision for hydrants.  Mr. Lemanowicz recommended an approval from the Randolph Township Water Dept.  Mr. Villa referred to p. 2 of Mr. Aubin’s report, dated 8-29-06, and agreed with the required 90% trap efficiency. 

The professionals felt that each lot’s specific maximum disturbance should be addressed in the resolution, filed with the deed and reflected on the plan.  Mr. Kimball said the ordinance does not state how to calculate FAR with land divided by a municipal boundary and felt it should be addressed in the resolution. 

Mr. Aubin said to disregard the request for dogwood trees in the bio-retention because it would be too wet and they would die.  Chairman Giordano stated that the Tree Committee asked to have the tress planted in groupings and not in a row. 

Motion made by Mr. Pierson, seconded by Mayor Krieg to open the meeting to the public. 

Adelio Campos asked why the neighbor at 6 Tanager Lane was not notified, asked why the waiver for the 250 foot lot geometry circle was not discussed, and said the calculations are never right and wanted to be sure the worse case analysis was used.  He was told by counsel that the applicant had discussions with the new neighbor regarding plantings in the triangle and would be officially notified by Mr. Wyciskala, was told that Mr. Steck, P.P., had given previous testimony on the variance.  Mr. Villa referenced Ex. A-34 and A-35 to show the length of conservation easements and the extension to the 840 contour and was told that 10 of 25 acres are in the conservation easements. 

Motion made by Mayor Krieg, seconded by Mr. Pierson to close the meeting to the public. 

Mr. Pierson made a motion directing counsel to draft a resolution with respect to PB-05-01 Green View Estates in both Mendham and Randolph Townships subject to further discussion at the October 18, 2006, meeting, granting a variance for Lot 25.01 for the description of a Lot Geometry Circle, and a deminimis variance under 21-6.4d, placement of the driveway being within the setback, all the conservation easements been shown the stipulations over the subdivisions of the land, particularly drawn up for Randolph township, seconded by Mrs. Link.  Upon roll call vote: 

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

NAYS:  None

ABSENT:  Mr. Tolley, Mr. D’Emidio                ABSTENTIONS:  None

Motion carried.  Application carried to October 18, 2006, no further notice required. 

DISCUSSION

Steep Slope:  carried to next meeting for discussion with Mr. Buzak. 

Check list/Ordinance review - # of reports required for submission (Stormwater Management, etc.) (i.e., 5 copies of appendices, 20 copies of report); Mr. Lemanowicz referred to his letter of September 4, 2006, regarding Item #3 stormwater management report.  He revised it to request five copies of the appendices of the supporting documentation.  Chairman Giordano requested Mr. Buzak draft the Ordinance accordingly.  Mr. Lemanowicz suggested that there be contact with the Board of Adjustment for their input on any changes while the Ordinance was being revised. 

Mr. Lemanowicz referred to his letter dated September 4, 2006, which suggested that cost estimation be more specific when calculating the cost estimation for the stormwater management maintenance manual by using a reference such as MEANS; which estimates labor and equipment required by region, and was recognized as an accepted publication. 

OTHER ISSUES

Mr. Shivietz’ letter, dated September 1, 2006, outlined escrows being challenged for the Millward application.  Mr. Buzak’s letter reflecting his comments was forwarded to Attorney Kit Falcon.  He suggested that the subcommittee of the Board sit down with Mr. Shivietz and go over the escrows in question. 

Motion to adjourn the meeting at 10:07 p.m. made by Mayor Krieg, seconded by Mr. Mountain, all agreed. 

                                                                                    Respectfully submitted,

                                                                                    MaryAnne Gruszecki

                                                                                    Board Secretary