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MINUTES

MENDHAM TOWNSHIP PLANNING BOARD

WORKSHOP MEETING

MAY 5, 2003

Mr. D’Emidio called the meeting of the Mendham Township Planning Board to order at 7:40 p.m.

ROLL CALL:

Present: Mr. Giordano (arrived 7:42 p.m. ), Mr. D’Emidio, Mayor Pierson, Mrs. Kinsel,

Mr. Timpson, Mr. Mountain

Absent: Mr. Tolley, Mr. Majorossy

Also Present: Mr. Falcon, Attorney; Mr. Kimball, Planner; Mr. Aubin, Environmentalist, and Mr. Balut, Engineer

SALUTE TO THE FLAG

Mr. D’Emidio asked for a motion to nominate a temporary Chairman in Mr. Giordano’s absence. Mrs. Kinsel moved that the Mayor begin the meeting as temporary Chairman; Mr. Mountain seconded the motion, vote all aye.

ADEQUATE NOTICE OF MEETING of the Mendham Township Planning Board was given as follows: Notice was sent to the Daily Record and the Observer Tribune on January 9, 2003 . Notice was posted on the bulletin board in the Township Hall in Brookside , New Jersey , on January 9, 2003 , and Notice was filed with the Township Clerk on January 9, 2003 .

MINUTES FOR APPROVAL April 7, 2003 , vote all aye with one change noted, and Mr. D’Emidio abstaining.

Mayor Pierson announced that the first order of business is the Mendham Golf and Tennis Club paddle tennis courts application. Chairman Giordano arrived at 7:42 p.m. , and Mayor Pierson turned the meeting over to him.

MENDHAM GOLF AND TENNIS CLUB – Paddle Tennis Courts

Mr. Glen Geiger, counsel for the applicant, Mendham Golf and Tennis Club (MG&T), described the application for preliminary and final site plan approval for paddle tennis additions. He stated the property location is Block 144, Lots 24 and 142, and that the proposal is to replace two dilapidated paddle tennis courts with two new courts. This will bring the total number of courts to four, which is the number of courts which the MG&T has had historically. He further stated that the location is a fair distance from adjacent property lines, it is a permitted accessory, no variances are being sought for this application, and an affidavit of service was provided to the Board Secretary. Mr. Geiger introduced Mr. Anthony Gianforcaro, Engineer, who prepared the site plan and requested that Mr. Gianforcaro be called to provide testimony.

Mr. Falcon swore in Mr. Gianforcaro and the witnesses.

Chairman Giordano requested that Mr. Gianforcaro provide a short voir dire in order to provide the public with the opportunity to present any questions pertaining to Mr. Gianforcaro’s qualifications. Mr. Gianforcaro provided his credentials, and since there were no questions from the Board or the public, he was accepted by the Board as an expert in the field of engineering.

Mr. Gianforcaro stated that there are two plans that have been provided for this application. He referred to the overall site plan of the entire MG&T property and indicated that to the west side of the existing pond there is a circle in the middle of the property where the existing paddle tennis courts are today. This same document also shows the two proposed small tennis courts. The distance from the paddle tennis courts to the closest property line is in excess of 700 feet. Mr. Gianforcaro said that the second plan is an enlarged site plan for the paddle tennis courts which indicates the two existing paddle tennis courts and the two proposed paddle tennis courts. He noted that the only other proposal for this project is a French drain which intercepts a lot of surface water which comes down off the course.

Mr. Geiger confirmed with Mr. Gianforcaro that the distance from adjacent property lines is in excess of 700 feet and questioned whether the plan shows existing evergreen plantings.

Mr. Gianforcaro pointed out that to the west of the existing paddle tennis courts there are star symbols that indicate tree evergreen and actual caliber of the tree. These evergreens are in excess of 20 feet in height and 14 feet in diameter. They are large evergreens and there is no proposal to take down any trees to construct the courts. Mr. Gianforcaro further indicated that the courts are elevated structures and will provide less disturbance to the ground because of this type of construction. The proposed elevation of the court is approximately what is there today but to the most westerly part of the property, it is approximately 50 feet lower in elevation.

Mayor Pierson asked whether the courts would be lighted with downward lights that will not present a glare to neighbors on Kennaday Road and Corey Lane . Mr. Gianforcaro responded that the courts would have lights on both of the long axes of the court. These lights will be a 400-watt shoebox fixture that will be directed straight downward and will not be a light that shines at an angle or parallel to the courts and will not be a glare from light to Corey or Kennaday. Mayor Pierson asked whether the applicant was willing to stipulate that as a condition of approval that the lights will be pointed downward and Mr. Geiger indicated having no problem with incorporating that as a condition of approval.

Mr. Timpson asked if the six or seven trees in the immediate area is enough to dampen the sound on Kennaday Road . Mr. Gianforcaro answered that, in his opinion, because of the size of the trees, the noise is going to be similar to what exists today. He further indicated that there are many more trees between the road and the courts than are shown on the site plan SP-2 of the immediate area. Mayor Pierson asked about the type of trees, and Mr. Reynolds indicated that they are spruce trees. Mr. Geiger stated that these are existing trees and not proposed plantings. Mr. Mountain asked if there was any tree buffer along the access drive getting into where the paddle tennis courts are located. Mr. Gianforcaro responded that there is a large evergreen row along lot 41 between the entrance road and the property line but is not sure if that is club property or adjacent owner property. He further indicated that there is a large tree row that surrounds lot 40. Mr. Mountain asked if the buffering along the access drive is suitable to deflect the lights of incoming cars reflecting into neighboring properties. Mr. Gianforcaro said that, in his opinion, the evergreens that exist today are suitable to block that light.

Chairman Giordano opened the meeting for questions from the public with respect to Mr. Gianforcaro’s testimony.

Ms. Mary Moore, lot 42, and neighbor of the Van Renssalaers indicated that they have a direct view from their home to the tennis courts (not the paddle tennis courts). She stated that the Van Renssalaers were out of town but were of the opinion that there were supposed to be buffer trees planted that have not been put in and wanted to be assured that the area along that line by the tennis courts would have a buffer. Chairman Giordano advised that this matter involves a separate application, which Mr. Geiger will be questioned on later in the testimony. Ms. Moore then asked about a flood light on the plan that did not indicate motion sensor and inquired if that would be directed downward. Chairman Giordano recapped the two questions to Mr. Gianforcaro: 1) clarification as to whether all the lights are motion sensored, and 2) the buffering between lot 41 and the paddle tennis courts. Mr. Gianforcaro said that it is a substantial buffer between the paddle tennis courts and lot 41, and stated that the approximate distance between the most easterly corner of lot 41 and the new paddle tennis courts is more than 750 feet and the corner closest to the roadway and parking for the tennis courts is in excess of 900 feet to the proposed paddle tennis courts. Mr. Gianforcaro said that there is one light proposed to be operated via a motion sensor so that people walking or exiting when it’s dark won’t be walking in an unlit area. The rest of the lights will be on a switch that is turned on and off by the players. The one light shown on motion sensor on the shed is for safely traversing the area to get to the courts. Mr. Gianforcaro responded to a question from Ms. Moore regarding a line on the plan that indicates the foot handles of the light on the court. He said that there will actually be 3-foot candles of light at that line and the proposal is to have 400-watt lamps on these 3-foot lights that will be on each court. The hatched line shows a 3-foot candle line, and as you proceed out, it diminishes down to one foot. The light will be 20 feet off the surface and the direction of light will be straight down.

There being no further questions of Mr. Gianforcaro, Mr. Geiger called Mr. Bryan Seavey as a witness. Mr. Falcon swore in Mr. Seavey as a witness.

Mr. Seavey stated that he is a member of MG&T and his role is the subcommittee chairman for the construction of the new courts. He confirmed that he has been involved in the submission of this application and is familiar with the operation of the paddle tennis courts. Upon questioning by Mr. Geiger, Mr. Seavey stated that the importance of tree screening was brought up at the TRC Meeting, so he took a photo of lot 41 to illustrate the screening and sent it to Mr. Lavigne. Mr. Geiger referred to the photo and Mr. Seavey confirmed that it was the picture he had taken during the winter. Mr. Geiger entered the photo into the record as Exhibit A-1. A discussion ensued regarding the direction in which the photo was taken and the views from various locations.

Mr. Seavey then testified as to the hours of operation and lighting during those hours. He stated that the highest traffic for the paddle tennis courts will be when the game is played is from late September to the middle of March. He said that the courts are not lit when not in operation and that it is the responsibility of those who show up first to turn the lights on and those who leave last to turn the lights off. He further stated that it’s very difficult to walk off and not remember to turn the lights off and the motion sensor light helps those having to walk down the stairs. He said he is not aware of a formal cut-off time for playing, but in general, it is not much later than 11:00 pm .

Chairman Giordano referred to information supplied from Reilly Green Mountain Platform Tennis and inquired as to whether a heating system would be installed, and if so, what kind of noise is generated from these heaters. Mr. Seavey stated that both the current and new courts are heated and by a natural gas supply system, which is run by PSEG. He described them as torpedo light heaters which look like a torpedo with a fan on it, and when you turn the blower and heater on, it warms up the aluminum deck courts and dries them off so they’re not slippery. Mr. Seavey said that there is some noise generated from the 2 blowers on each court (200,000 BTUs per blower), but usually the blowers are only on for the amount of time it takes to dry the court off. Mr. Geiger asked if the blowers are audible from 750 feet, and Mr. Seavey replied that he thinks the only thing you can hear from the paddle tennis courts at that distance is someone yelling. Further discussion ensued regarding the possibility of automatic shut off on the heaters, lighting and possible security issues.

There being no further questions from the Board, Chairman Giordano opened the meeting for questions from the public regarding Mr. Seavey’s testimony. There being no questions from the public, Chairman Giordano asked Mr. Balut to review the Maser Consulting Report.

Mr. Balut stated that most of his report is descriptive explaining what the paddle tennis courts are, and his only comment was that there is minimal sight disturbance and there appears to be little impact to neighbors.

Chairman Giordano asked Mr. Kimball to review the Kimball & Kimball report.

Mr. Kimball stated that his report addresses the planning issues, which have been brought out very clearly in the testimony. Mr. Kimball said that there is an historic site adjacent to the property, lot 40, and he believes the impact on adjacent properties has been addressed. He said the only thing that has not been addressed is the Master Plan’s concern on environmental impacts and referred that discussion to Mr. Aubin.

Mr. Aubin stated that Mr. Gianforcaro explained the project very well and said that there is very little environmental impact from this proposal. Mr. Aubin said that MG&T should get an area of disturbance or LOI for the entire Club and any approval for this particular application should be conditioned upon obtaining an area of disturbance LOI. Chairman Giordano recalled that Mr. Lavigne was going to update the Board on this matter and asked Mr. Geiger for an update. Mr. Geiger indicated that MG&T has received a proposal to do the work from PK Environmental, which is acceptable, and are waiting for the proposal on the survey portion of the work to come back.

Mr. Kimball added that the Master Plan views the MG&T Club as an integral and supportive part of the Township’s overall land use plan, so the maintenance of the integrity of the Club or anything that would promote the maintenance of that integrity is significant.

Mr. Mountain informed the Board that Mr. Van Renssalaer had called to advise that he could not be at the hearing but wanted Mr. Mountain to note on the record for him that, in his opinion, there has been a thinning out of the tree screening, there are gaps in the screening, and Mr. Van Renssalaer’s property still gets lighting from cars leaving the site onto his property.

A motion was made to open the meeting to the public; the motion was seconded, vote all aye.

Ms. Moore stated that she has been in the Van Renssalaer’s yard, as well as in the upper level of their home, and said that you can see the Club very clearly and it is a definite problem for them.

Chairman Giordano noted that the issue has come up before in a previous application for MG&T regarding the tennis courts and additional landscaping being planted between the Club property and lot 41 and asked Mr. Geiger to provide the status of that matter.

Mr. Geiger said that Mr. Reynolds informed him that there were three additional spruce trees that were ordered for planting in that area but they have not yet been received.

Mayor Pierson made a motion to grant Mr. Falcon the ability to prepare a resolution approving the site plan for Block 144, Lot 24, paddle tennis courts with the stipulation that lighting on the courts is focused downward and will be monitored; Mr. D’Emidio seconded the motion, vote all aye.

MENDHAM GOLF AND TENNIS CLUB – Pump House

Mr. Glen Geiger, counsel for the applicant, described this application for final site plan approval for a new pump house, Block 144, lot 24 and Block 142, Lot 56. Mr. Geiger stated that there are currently two existing pump houses on the course, and this is a proposal to install a new pump house that will enable one existing pump to be dismantled and removed and have the other existing pump serve as a back up. Mr. Geiger stated that Mr. Anthony Gianforcaro, who prepared the site plan, is here to answer questions, as well as Mr. Boyle, the golf course superintendent.

Mr. Gianforcaro directed the Board’s attention to the set of plans with three sheets in it, the first sheet is dated 1/30/02 , and the last revision being 6/26/02 .

Chairman Giordano noted that there were no questions from the Board or the public regarding Mr. Gianforcaro’s qualifications as stated on the record for the previous application and asked Mr. Gianforcaro to proceed.

Mr. Gianforcaro stated that the first sheet of the plan is an overall site plan of the entire MG&T Club property and pointed out the proposed pump station to the northeast corner of the pond in the middle of the property. Sheet SP-2 is an enlarged site plan, which shows the enlarged site plan of the specific area where the pump house is proposed. The paddle tennis courts are to the west of the pond, there is an existing asphalt path that is to the north of the pond that meanders through the course and are proposing a ten-foot asphalt path off of that to the new pump house for ingress and egress. There is a proposed underground electric service line, which is to the west and north of the existing pond as shown on the plan, and there is a pipe that is proposed from the existing pump house into the pond where the pump house will draw water. On the right hand side, there is proposed landscaping around the pump house, dogwood and spruce trees and foundation type plantings around the pump house building itself. The third drawing is a soil erosion plan and since they are disturbing less than 5000 square feet, there was not the same response on the soil erosion. The pump house is approximately 26’ x 26’ and is a one-story structure with one single wall mounted residential light just outside the doorway so that you can traverse in and out of the pump house safely.

Mr. Falcon swore in Mr. Chris Boyle as a witness.

Mr. Boyle identified himself as the golf course superintendent for MG&T Club and acknowledged his familiarity with the operation of the existing pump house.

Mayor Pierson requested an explanation of the purpose and operation of the pump house.

Mr. Boyle stated that the pump house is used to pump water through an irrigation system for irrigation of the tees, greens and fairways, and utility turf on the golf course. The storage tanks on the building plans are for liquid fertilizer. Mayor Pierson inquired as to the number of gallons in the pond and Mr. Boyle responded that there are 13 million gallons.

Mr. D’Emidio inquired as to the amount of noise the pump produces and Mr. Boyle responded that the noise is 84 decibels at five feet and all pumps are enclosed within the building. Mr. Boyle also stated that this pump station will be equally or less audible than the existing pump house, which is not audible at property lines.

Ms. Kinsel inquired about water allocation, and Mr, Boyle stated that the Club receives its water allocation from the State of New Jersey DEP. He further stated that the current permit that was used for 13 years expired in 2001, and they received a one-year extension, which expired in 2002. The Club is currently under review because the application had to change given they were looking to increase the amount gallons per minute from their pump capacity. He said that the DEP regulations state that as long as their application has been deemed complete their old permit is still in force, and their application has been deemed complete. Mr. Boyle said that the current gallonage allowed is 700 gallons per minute, and the limit is monthly at 6.75 million gallons per month.

Mr. Mountain asked if the application will have to be amended in some way if the Club does not get the application approved for the new permit for the additional water to support this pump station. Mr. Boyle stated that the pump station comes on a skid and is manufactured as a single pumping unit. The pump skid has 2 50-horsepower pumps capable of 500 gallons per minutes and there is an additional third pump which is capable of 100 gallons per minute, which gives the Club the 1100 gallons per minute at the pump station. If the application is not approved from the State, they can modify the pump station by reducing it down to 700 gallons. Mr. Boyle said they are not asking for any more water on a monthly or annual basis; they are just asking to use the water quicker.

Ms. Kinsel inquired about the fertilizer, and Mr. Boyle advised the Board that the fertilizer that is stored here is all liquid, stored in plastic, 500-gallon storage tanks, and the pump house is locked at all times except for the few supervisors who have access.

Given there were no further questions from the Board, Chairman Giordano called on Mr. Balut to review the Maser Consulting report.

Mr. Balut stated that his report is brief, primarily describing the building is a stone face masonry structure and requested testimony as to the color and shingles for the record. Mr. Boyle stated that the color will be an earth tone brown, light tan, with an asphalt shingle roof. Mr. Balut further stated that there is a small amount of disturbance involved and relatively far away from affected residents.

Mr. Kimball reviewed the Kimball & Kimball report which was submitted in early 2002 when the application was originally submitted. The planning issues are very similar as to what was discussed in the previous application, and the only additional things were the noise that was addressed and the environmental questions, which Mr. Aubin will address.

Mr. Aubin discussed the Connolly Environmental report and stated that he had reviewed the document that the MG&T had submitted to the DEP. It appears that they have the proper permits in place for the water withdrawal and the proper fresh water wetlands permits in place to construct the water withdrawal and in terms of disturbance, it’s very small and of very little environmental concern. Mr. Aubin also stated that the same recommendation for the Club to obtain an LOI for the entire area of disturbance exists for this application.

Discussion continued regarding the water allocation permit and the need for the increased pumping rate.

A motion was made to open the meeting to the public; the motion was seconded, vote all aye.

Given there were no questions from the public, a motion was made to close the meeting to the public, the motion was seconded, vote all aye.

Chairman Giordano noted that there were no further questions from the Board.

Mr. D’Emidio made a motion to direct Mr. Falcon to prepare a resolution approving the pump house application for Block 144, Lot 24; Mr. Timpson seconded the motion; vote all aye.

SMCMUA WATER TREATMENT PLANT

Mr. Sidney D. Weiss introduced himself as the attorney representing the Southeast Morris County Municipal Utilities Authority (SMCMUA) and noted that this application is for review and recommendations pursuant to N.J.S.A. Sec.40:55d-31. Mr. Weiss also noted that the Authority is a municipal utility authority pursuant to municipal county utility authorities law for the purpose of serving water and water services to residents in Morris County. The Authority plans to replace the existing filtration plant at the Clyde Potts Reservoir on Lot 9 and 118 with a new, improved and more attractive facility. Mr. Weiss stated that the Authority recently granted a conservation easement to the Mendham Township and Randolph Township, which restricts use of its entire watershed with the exception of improvements to the water treatment facility. Mr. Weiss informed the Board that his witnesses were as follows: Mr. William Hutchinson, Executive Director and Chief Engineer of the Authority, is present to discuss the background and basic overview of the facility, and the project engineer; Mr. Clifford Wilkerson, of Hatch Mott MacDonald (formerly Killian Associates) is present to respond to questions and concerns of the consultants; and, Mr. Salvatore Lauro, the architect of the facility, is also present to answer questions about the appearance of the building.

Mr. Falcon swore in the witnesses.

Mr. Hutchinson identified himself as Executive Director and Chief Engineer of the SMCMUA since February 1, 2003, with 16 years as Chief Engineer, and acknowledged his familiarity with the operation of the Authority and the project which is the subject of this application. He offered a couple of photos showing the existing plant that is going to be replaced. The plant was put into operation in 1984 and was built to treat the water quality standards of 1983. The utility has struggled with that plant to meet water quality standards for a long time as the standards have changed dramatically since 1984. In 1995, it was determined they could not meet the standards for water quality and deliver an acceptable water product, so the plant was taken out of service. It was not done lightly because this is an extremely important water resource for the Authority. The Authority entered into a series of pilot programs with different types of treatment systems in order to determine the best way to upgrade this plant to meet the quality standards and get enough water out of the reservoir. Membrane filtration has been used for a number of years and is becoming more prevalent in North America. In 1997, the Authority installed a demonstration plant which was capable of doing approximately 400,000 gallons a day and gave the Authority a knowledge of membrane systems to decide on the best treatment for current and future water quality standards. The Authority entered into a design with that treatment system and hired Hatch Mott MacDonald to begin designing the plant. The original plan was to retrofit and put the new process inside the plant and do it as economically as reasonable, but that was not possible. It was decided that a new plant would be constructed. The Authority Board set some very clear standards for this plant to meet all current and foreseeable water standards and set out to construct a facility of lasting quality with as much of the treatment process inside the building as possible. Additionally, the Authority determined that the building had to be aesthetically pleasing to fit into the neighborhood and the area in general. The Authority Board authorized a good bit of money to do this project and came up with a state-of-the-art system of high quality and had the architect review the project for aesthetics and keep as much functionality as possible. Mr. Hutchinson noted that the architect is here to address the detail but the idea is to give it a decorative, rural front. The building was originally much bigger but the price got way out of hand, and it was scaled down to as small as they possibly could and still get as much of the treatment process inside the building as possible.

The following were then entered into the record:

Exhibit A-1 – photo taken late summer 2002

Exhibit A-2 – colored elevation of the building

Exhibit A-3 – landscaping plan

Mr. Hutchinson discussed the landscaping plan and Mr. Kimball’s suggestion that on the north side of the building, the evergreen plantings be extended alongside the building and have directed the engineer to incorporate this suggestion. Further discussion continued regarding tree screening from the roadways.

Mr. Hutchinson noted that the tanks are existing and is one of the things the Authority was able to reuse on this project and will remain in place with an additional tank added.

Chairman Giordano asked for questions from the Board and discussion continued around the operation of the tanks, the backwashing process and the noise generated from this facility.

Mr. Mountain inquired as to the activity in the new plant versus the existing plant and if there will be any noticeable difference that would have an adverse impact on the neighborhood. Mr. Hutchinson responded that the facility will be better aesthetically, a little more truck traffic but not increased daily traffic, and initially there will be visitors to the plant to look at the operation. In terms of noise, Mr. Hutchinson stated there will be no noise at all because the generator is inside and all pumps are inside. Mr. Hutchinson also noted that the Authority is constantly working with the county on security.

Mr. D’Emidio asked how many gallons a day the plant produces, and Mr. Hutchinson said that it is 2 million gallons a day, and hopefully in the summertime, 2-1/2 million gallons a day.

Chairman Giordano asked about the construction schedule from demolition to completion and Mr. Hutchinson advised that the demolition will start in the next month of two and will be under construction for one year, and would like to have a plant on line by June 1, 2004.

Chairman Giordano inquired as to the type of fencing that will be used, and Mr. Hutchinson advised that a chain link fence with PVC coat is proposed with barbed wire on top, and the PVC used can be earth tones or green.

There being no further questions from the Board, Chairman Giordano opened the meeting to questions from the public.

Mr. Mike Valentino, 3 Reservoir Ridge Road, thanked the SMCMUA for coming in and making a legitimate effort to make everyone happy with this project. Mr. Valentino expressed his concern for the aesthetics of the area and feels that the structure is very large, flat and uninteresting. He noted that he and his neighbors had great enthusiasm for the prior design submitted. Mr. Valentino asked if the tanks could be placed in the ground, and Mr. Hutchinson said it was not feasible because of hydraulic issues and the need for the tanks to be serviced and removal of the material in the tanks. He also asked if the trucks coming in and out of there would be inside the building, except for the cleaning of the tanks, and Mr. Hutchinson said that was correct.

Mr. Michael Shatken, resident and representative of the Historic Preservation Committee, asked about the scale of the building and how much of this operation – physically bringing the trucks into the building – contributes to the scale of the structure and how often the trucks are operating in the building. Mr. Hutchinson said the building is basically down to the absolute minimum size; it was much larger originally and the building is as tight as it can be and still have a good, quality operation. He said as far as trucks inside the building, that operation is not done that often.

Mr. Carmine Russo, who lives directly across the street from the plant, asked if there was an odor from the discharge in the waste holding tank, and Mr. Hutchinson said no. Mr. Russo expressed other concerns regarding the drain and its appearance, the generator and noise associated with it, wildlife, and safety issues.

Mr. Brian Dunlap, Reservoir Ridge Road, asked what the reservoir will look like when fully operational at 2 million gallons a day, and Mr. Hutchinson said the levels could go down during the course of the use of water, particularly in the summer. Mr. Dunlap asked if there would be an odor with the lowering of the reservoir, and Mr. Hutchinson said it’s been down in the past prior to 1995, and he did not recall that there was any noted odor or any complaints of odor. Mr. Dunlap asked if there could be a mosquito problem if the water goes down, and Mr. Hutchinson said he did not believe so. Mr. Dunlap asked about the noise level associated with the pumping of the tanks, and Mr. Hutchinson said there is no noise. Mr. Dunlap asked about possible accidents with the pumping of chlorine, and Mr. Hutchinson said there is no health hazard, it is a liquid not a gas – the dangerous chlorine is gaseous, and if there was a spill on the ground, it would be immediately cleaned up.

There being no further questions from the public, Mr. Weiss called upon Mr. Salvatore Lauro.

Mr. Lauro introduced himself as a licensed architect with Lauro Associates in Kenilworth, New Jersey, and offered his credentials.

Chairman Giordano asked for questions from the Board and public regarding Mr. Lauro’s qualifications as an architect, and there were none.

Mr. Lauro described the building as very prominent using different colors of neutral stone, and they lowered the building and tried to minimize the doors by curving them.

Mayor Pierson noted his preference for using a brick front.

Mr. D’Emidio inquired as to the dimensions of the building, and Mr. Laura stated that the building is 82’8” length, 76’8” width, and 34’ high. Mr. Lauro noted that the two sides of the building were lowered from the original design because there isn’t any equipment on the roof now and without the equipment, they were able to lower the building. He said it is a steel frame structure with masonry. Mr. Lauro said the cobblestone color is neutral earth tone and the final colors will be dependent upon the contractor selected, but the color is in that range.

Chairman Giordano asked Mr. Lauro to comment on the delta between the current footprints and the previous one. Mr. Lauro said that two full bays had been eliminated on the first floor and three full bays in the basement, which is approximately one third of the square footage of the building being reduced.

There being no further questions from the Board, Chairman Giordano asked for questions from the public.

Mr. Shatken noted the view of the building as you come down Cold Hill Road and given that it cannot be shielded, he suggested that whatever equipment, fans or small units that go on the roof be painted the same color as the roof.

Mr. Brian Dunlap said that the two huge tanks are eyesores and asked if there was any way they could be camouflaged. Mr. Hutchinson said they can be painted any color but it’s hard to not make them look like water tanks. He said that the ground level tanks are painted forest green or a brown color and that usually works well in wooded areas.

There being no further questions from the public, Mr. Weiss called upon Mr. Wilkerson.

Mr. Clifford Wilkerson offered his credentials as Senior Vice President and Chief Engineer with Hatch Mott MacDonald, formerly Killian Associates.

 

Chairman Giordano asked for questions from the Board and public regarding Mr. Wilkerson’s qualifications as an architect, and there were none.

Mr. Weiss asked Mr. Wilkerson if was familiar with the project and had reviewed the reports from the experts, particularly from Messrs. Kimball, Aubin, and Maser, and Mr. Wilkerson said yes.

Mr. Weiss referred to the Kimball & Kimball reports dated November 22, 2002, and April 22, 2003, and the comments regarding the generator that are set forth in the April 22 letter. Mr. Wilkerson described the purpose of the generator is to provide emergency standby power and is approximately 4’ above grade and the enclosure is 9’ high, and this addition was asked for by the client. He further stated that the 65 decibels at the property line are standard noise reduction.

Mr. Wilkerson referred to the plant sign to be constructed on the facility, and Mr. Weiss entered the detail of the signage location into the record as Exhibit A-4. Mr. Wilkerson described the signage and indicated that it is the same masonry construction as the building. A full discussion continued regarding the signage, the size of the sign, the lettering, the Mendham Township Ordinance, and the goals of the Master Plan.

Given the Board’s concern with complying with the Ordinance and keeping the sign improvements consistent with the resident character of the area, Mr. Hutchinson said he will bring the signage issue back to the Authority’s Board for reconsideration.

Mr. Wilkerson referred to the November 22, 2002, letter from Mr. Kimball, which addressed two Master Plan considerations – fencing and lighting. Mr. Wilkerson said that the chain link fence will surround the parking area and roadways, and the fence is chain link and PVC coated. He said there will be lights above the door and would like to keep them on typically and there are spotlights, which would normally be off. He said the spotlights are 150 watts and the smaller lights will be 75-100 watts.

Mr. Wilkerson referred to the November 19, 2002, letter from Mr. Aubin, and there are four issues that need to be address by the Authority. Regarding Item 1, Mr. Wilkerson stated they do have a permit from MCSCD and are in full compliance, and there was discussion about additional measures to be taken by SMCMUA. Items 2, 3, and 4, which are all of a similar nature, were reviewed by Mr. Wilkerson.

Mr. Wilkerson referred to the letter from Maser Consulting dated April 28, 2003, and said that Item 1 is the same item as discussed with Mr. Aubin and Mr. Kimball. He said that Item 2, the soil erosion and sediment control plan has been submitted to the MCSCD and they have received approval. He said that Item 3 regarding the landscaping plan has been discussed by Mr. Hutchinson.

Mr. Weiss asked Mr. Wilkerson to address the question raised earlier concerning placing the tanks below the surface. Mr. Wilkerson said these two steel tanks need to be constructed above grade because they contain activated carbon which is discharged through the bottom of the tank and needs to be accessible at the bottom and the top.

Mr. Weiss asked Mr. Wilkerson if there was any engineering reason for the height size of the building. Mr. Wilkerson said that the treatment equipment in the building runs basically across the front bay from the front of the building to the back of the building. He said that 80 percent of the building needs to be that high because of the importance of doing loading and unloading inside the building. He said that no further expansion or additional bays are contemplated for this building. Mr. Wilkerson stated that the square footage of the existing plant facility is 3500 feet; the facility proposed in November of 2002 was 9500 feet; and the current building proposal is 6350 feet. He further stated that the height to the low roof is 17’ and the height to the top roof is 34’.

There being no further questions from the Board, Chairman Giordano asked for questions from the public regarding Mr. Wilkerson’s testimony.

Mr. Dunlap asked for clarification of the tanks and life span of the tanks. Mr. Hutchinson said that the tanks are not that old, and in order to reduce the size of the building was to reuse the elements that could be reused and those are the elements that could be reused. Mr. Wilkerson said that once the tanks are sandblasted and repainted, their life span could easily be 20 years.

Mr. Balut stated that his questions regarding soil erosion and landscaping had been addressed, but raised several questions regarding storm water, which Mr. Wilkerson addressed.

Mr. Kimball stated that most of the points in his report have been addressed, but suggested that the way the resolution be structured is in accordance with the section of the MLUL, as opposed to the specific regulations of the Township, so that any recommendations made by the Board are based on the goals of the Master Plan.

Mr. Aubin stated that he had spoken with Mr. Wilkerson earlier and he is satisfied with what they are doing to mitigate the environmental impact of construction.

Mr. D’Emidio made a motion to the open the meeting to the public; Mrs. Kinsel seconded the motion, vote all aye.

A resident expressed his concern that the SMCMUA is not bound by anything that occurs in this meeting and it is up to the citizens and the Board to maintain the character of the community. He made a suggestion for augmenting the budget for this project through some other means, such as the Open Air Fund.

Mr. Shatken provided comments as a resident, member of the HPC and as an architect. He said that Mr. Ray Nadaskay, who is also an architect, had reviewed this project. Mr. Shatken said that industrial building in such a pristine area is very difficult and the goal should be to make whatever is built as harmonious as possible. He offered the following suggestions:

1)       elimination of the parafits on the walls of this building that extend beyond the height of the building; no architectural reason;

2)       break up the side facades to help mitigate the size of the building;

3)       use of very few articulations of different materials on the front of the building; prefer to quiet the building down;

4)       main entry door is nice and reminiscent of other bar doors, but on the other side there are two utility doors of a different scale;

5)       use as much trees and vegetation as possible to conceal the building so it is nestled in the landscape; and,

6)       the tanks should be painted green, as well as the emergency generator, electrical substation, to mitigate impact.

Mr. Shatken said that if another venue for review members of this community were offered, he would volunteer to see if some of the changes could be fixed.

Mr. D’Emidio made a motion to the close the meeting to the public; Mrs. Kinsel seconded the motion; vote all aye.

Chairman Giordano outlined the following recommendations to be included in a resolution noting that the Planning Board has reviewed this project:

1)       color of the fence

2)       colors with the respect to the plan for the façade

3)       agreement to make a modification to the draining pipe at the pond; cutting pipe back and put wrip-wrap around the base of the pipe

4)       attempt at a design that more closely mirrors the surrounding residential character of the neighborhood to quiet the building

5)       side doors to have same doors as on front of building

6)       smaller sign or no sign

7)       landscaping.

Mayor Pierson made a motion pursuant to the MLUL Section 31, the Planning Board reviewed and made recommendations for the project SMCMUA seeks to construct on Block 118, Lot 9, known as Clyde Potts; Mr. Timpson seconded the motion, vote all aye.

ORDINANCE 9-2003

Mr. Mountain offered a brief background on the history of this ordinance and explained that there was concern raised about the home occupation ordinance and uses and impacts on neighboring properties, particularly those that utilize equipment, vehicles, and other types of accessories associated with a home occupation that are not consistent with the residential character of the community. He said this Ordinance attempts to tighten definitions with respect to use, accessory uses, and attempts to insert language that provides greater buffering to neighboring properties. Mr. Mountain further described a suggested change by Mr. Roger Clapp to a paragraph on page 2 in section 8, and a full discussion continued.

Mrs. Kinsel moved to approve Resolution PB-03-13 for review and approval of proposed Ordinance 9-2003 following referral and review thereof by the Planning Board; Mr. Timpson seconded the motion; vote all aye.

CONSERVATION EASEMENT ORDINANCE

Mr. Falcon explained that the last time the Planning Board reviewed this Ordinance it was overbroad and difficult to define. He said that Sarah Dean Link, Roger Clapp and himself pared down the Ordinance, and a full discussion continued.

Mrs. Kinsel made a motion to prepare a memo forwarding this draft conservation easement ordinance to the governing body for introduction; Mr. Timpson seconded the motion, vote all aye.

CORRESPONDENCE

Chairman Giordano referred to the correspondence items, and there was no discussion.

Mayor Pierson said that Mr. Kimball had provided a presentation to the Township Committee on lot size averaging and would like to update the Board. He said that the Township Committee agreed that we should move forward in developing an ordinance that would allow lot size averaging and with that endorsement, he and Jack Schrier met with the Irene’s. The Mayor said that they made their presentation, and the Irene’s said they would consider it. The Township Committee and Planning Board has felt it would be worthwhile drafting a lot size averaging ordinance and the idea of having the Master Plan subcommittee work on this had been discussed. Mr. Mountain stated there was a budget issue, and if Mr. Kimball is able to provide a budget projection for his work, there may be room within the legal budget since it is an ordinance.

After discussion, it was determined that Mr. Mountain will call the members of the Master Plan Subcommittee and ask them to get this underway.

Chairman Giordano recognized a member of the public in the audience and offered him the opportunity to speak.

Mr. Jim Sheehan identified himself as the most affected neighbor on Beverly Drive associated with the Irene’s Spring Tree Farm application, and he asked if there were any results from the recent site visit. Mr. Balut advised that he had met with the engineers and Mr. Irene this afternoon and reviewed the reports and recommendations. Mr. Balut believes that it is Mr. Irene’s opinion that he wants to get approval because he is fearful of some of the new legislation being proposed but appears to be willing to look at any new ordinances that come along and for some realignment of the roads. Mr. Balut indicated that he is pushing for elimination of the access from Beverly Drive, and they said they wanted to look at it but would like to move forward parallel with getting an approval to preserve their rights. Mr. Kimball said that he had had an opportunity to present a design point of view to Mr. Irene as far as advantages not only to the Township but marketing and value advantages for Mr. Irene, and he thought he was very receptive.

Chairman Giordano advised the Board that he had received comments from some residents who are having difficulty hearing the proceedings, and he reminded the Board that the sound system is designed for the utilization of the microphones.

ADJOURN

There being no further business, a motion was made to adjourn the meeting. The motion was seconded, all aye, and the meeting was adjourned at 11:57 p.m.

Respectfully submitted,

Hope Warrington, Secretary

 

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