MINUTES OF THE
MENDHAM
TOWNSHIP
PLANNING BOARD
DECEMBER 4, 2006 WORK
SHOP MEETING
Chairman
Giordano called the meeting to order at 7:40 p.m. and asked for roll call.
Upon roll call:
PRESENT:
Mr. Tolley, Mayor Krieg, Mr. Pierson, Mrs. Link, Mr. D’Emidio,
Mr.
Mountain, Chairman Giordano
ABSENT:
Mr. Johnson
Others present:
Tom Lemanowicz, P.E., John Aubin, Environmental, Edward J. Buzak,
Esq.
The Chairman led the
flag salute and announced that adequate notice of the meeting had been given.
RESOLUTION
PB-05-03;
CANNAVO, Michael E./Simava, LLC; Minor Subdivision with Bulk Variance;
Mr. Tolley was recused from the application.
Mr. Buzak reviewed the resolution and changes made, the Board recommended
additional modifications. Motion to
approve the resolution was made by Mr. D’Emidio, seconded by Mr.
Mountain. Upon roll call vote:
AYES:
Mayor Krieg, Mr. Mountain, Mr. D’Emidio, Chairman Giordano
NAYS:
Mr. Pierson, Mrs. Link
ABSENT: Mr. Johnson
ABSTENTIONS: None
Motion
carried.
APPLICATIONS
PB-06-04
Township of Mendham-Open Space Acquisition; Minor Subdivision; Block 116, Lot
#67; R-10 Zone; (87 Ironia Road/Conti, Kyle property); Mr.
Mountain recused himself from the application.
Andrew Brewer, Esq., represented the Township...
Mr. Mountain was called as witness and was sworn with the Board’s
Professionals. The conforming
application proposed a ten-acre subdivision on
Ironia Road
to connect to a previously acquired parcel of open space through
India
Brook
Trail
to
Buttermilk
Falls
. The application would not propose
any construction. The owner would
further subdivide the remaining parcel in the future.
The Township had received a grant from the County to purchase and
preserve the open space show on Ex. A-1, dated 11-30-06, a plan prepared by
Maser Consulting. Each parcel had
access to a road. Mr. Mountain said
the Township would attempt to acquire an additional 500 foot parcel at a later
time, but would still pursue the proposal if that strip would not available.
Lot
7 would be appended to the currently owned Township property which was
contiguous to each other and would be a condition of approval.
On
a motion made by Mr. Tolley, seconded by Mr. Pierson, the meeting was opened to
the public.
John
Wagaar,
337 Pleasant Valley Road
, Open Space Trust Committee, agreed to the acquisition and preservation of open
space.
Michael
Catania, commended the Township on their actions.
Motion
made by Mr. Pierson, seconded by Mayor Krieg, to close the meeting to the
public.
Motion
made by Mr. Tolley, seconded by Mrs. Link to grant approval of the minor
subdivision with no variances and to direct Mr. Buzak to draft a resolution in
affirmance. Upon roll call vote:
AYES:
Mr. Tolley, Mayor Krieg, Mr. Pierson, Mrs. Link, Mr. D’Emidio, Chairman
Giordano
NAYS:
None
ABSENT:
Mr. Johnson
ABSTENTIONS:
None.
Motion
carried.
DISCUSSION
ITEMS
Storm Water Management Issue on Limited
Disturbance - Tom Lemanowicz:
Mr. Lemanowicz recommended changing the limited disturbance to a
zero net release which would control storm water drainage from driveways, tennis
courts, and anything else occurring on the site.
He suggested creating a minor Lot Development Permit to control small
projects, i.e., the septic system, larger landscaping, swimming pools,
that impact drainage. He said he
located contradictions in the Ordinance regarding driveway setback, sight
distance and structure height, and suggested to clean them up. Discussion
continued: structure height and to
measure ten foot out from the building, impacting height by placement of
planters around the perimeter of a house, concern about the placement of ladders
in an emergency situation, and drop off for drainage. The
discussion continued with floor area ratio: exposed
half stories when there was a finished attic and finished basement.
He suggested waiting for one year to apply for permits to build tennis
courts, etc. to allow stabilization. Further
discussion would continue at the February 5, 2007 Work Shop meeting.
Nitration
Dilution Model: Randolph Township 1
acre vs. Mendham Township 3-5 acres - John Aubin.
Mr. Aubin presented a nitrate dilution chart to the Board.
He said a one-acre lot would create a problem and exceed the state’s
recommendation. The regulations were
created in 1989 and have not been updated since that time.
He said a health department’s approval would not guarantee groundwater
protection which would vary in each municipality due to differences in rain fall
and its soils. He said the
Township’s Master Plan stated to protect the ground water.
Mr.
Mountain said
Randolph
Township
purchases its water from the Morris County MUA. Mr.
Aubin said the ball fields by the municipal border had a problem with elevated
levels of nitrate. Mr. Tolley
said
Woodland
Lake
was ruined from the runoff from the pond and asked about a record of wells that
had been ruined in that area over the years.
Mr. Aubin said during the Critical Water Resources process the problems
areas were mapped out.
Schiff/Brookrace
Homeowners Association Issues:
Mr. Mountain recused himself from this portion of the meeting. Nancy Gage, Esq., Nancy
Lottinville, Esq. and Renu Shevade, Esq. were present to discuss the outstanding
issues.
The parties
had spoken to their landscapers and had gotten estimates on the alternations.
The main concern of the homeowners was security and screening; but not
stockade fencing to separate their property from Schiff’s property.
Discussion on types of plantings and fencing followed, and using fencing
combined with vegetation to screen, what types of plants would survive in shade
and not be eaten by deer. It was
suggested that Schiff contribute money to the homeowners toward the alterations
and the homeowners could make whatever changes they wanted and make up the
difference so that Schiff would not have to be involved in any future problems
that would occur. Ms. Shevade
presented a report dated December 4, 2006 and a survey, marked Ex. A-10, that
showed 204 feet of fencing by #2, the Muratores property, plus an additional 96
foot of fencing at the top of the hill. The
placement of the fence would screen vehicles driving through the Schiff property
from the homeowners’ properties. The
provision of fencing would be a condition of approval.
Mr. Buzak said the Board’s jurisdiction since a material change
was made that required its approval. The
Board would maintain control through the use of the flexible language written in
the resolution.
Mr. Tolley
was concerned because: the situation
was caused by the Township without acquiring appropriate approvals from the
Board, the homeowner should be allowed to chose what to do, how it would look
using only 100 foot of stockade for screening, the access road which was only
supposed to be used for emergency purposes, and that the homeowners bought their
homes on that premise, and felt Schiff should come back with some reasonable
amount of money. Mrs. Link said the
focus was to keep headlights out of #12 and #10, and that their backyard was a
long way away from the road.
The Board
took a break at 9:30 p.m. and reconvened at 9:48 p.m.
Mr. Buzak
distributed an email dated November 30, 2006, to the Board and each parties’
attorneys which outlined screening options.
Plantings discussed using shrubbery and vines to screen the fencing i.e.,
Woodbine, Lacophia (check spelling), and Andromeda.
Mrs. Shevade said plant growth would eventually crack the fence and
did not agree to the use of deer fence.
Chairman
Giordano suggested to eliminate speed bumps and to use that money toward
something else. The Board suggested
that Schiff should give the value of the screenings and speed bumps to the
homeowner or association and allow them to decide how to use it.
The fence would have to be built on Schiff’s property. Mr.
Buzak said it resolves the tax exempt issue for payment to go to the Homeowners
Association. Mr. Catania said the
strip must remain in its natural state and it could be planted in a way that
restores it with natural plantings.
Motion made
by Mr. Pierson, seconded by Mrs. Link to direct Mr. Buzak to draft a resolution
in affirmance.
AYES:
Mayor Krieg, Mr. Pierson, Mrs. Link, Mr. D’Emidio, Chairman Giordano
NAYS:
None
ABSENT:
Mr. Johnson
ABSTENTIONS:
None
Motion
carried.
ADJOURNMENT
The meeting
was adjourned at 10:54 p.m.
Respectfully submitted,
MaryAnne Gruszecki
Board Secretary
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