MINUTES OF THE MENDHAM TOWNSHIP PLANNING BOARD

WORK SHOP MEETING HELD APRIL 3, 2006

Chairman Giordano called the meeting to order at 7:43 p.m. and asked for roll call.  Upon roll call: 

ROLL CALL 

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

ABSENT:                     Mr. Tolley

Others present:           John Aubin, Environmentalist, Edward J. Buzak, Esq., Susan Kimball, P.P., Tom Lemanowicz, P.E.

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

REQUEST FOR EXTENSION

PB-04-01; Irene’s Spring Tree Farm; Request for Extension through June 7, 2007, Block 147, Lot Nos. 7, 42, 42.01-42.04; Edward J. Trawinski, Esq. represented the applicant.  The applicant felt the original deadline would expire before a final decision on water service was made.  He originally proposed a hybrid system that was not approved by the fire official due to its inability to meet the Township’s water flow standards.  The Fire Official approved use of the three cisterns.  Mr. Lemanowicz said the prior stormwater regulations approvals were suitable and Mr. Aubin said the Lot Development Permit would address any exceeded amounts approved during preliminary for impervious coverage or disturbance.  All three phases would be covered under the extension; Phase 1 had already been filed with the County .  According to Section NJSA40:55B-52(d) the request for extension was considered by the Board to approve an extension not to exceed one year. 

Motion made by Mayor Krieg, seconded by Mr. Pierson to extend the deadline to June 7, 2007 .  Upon roll call vote: 

AYES:              Mayor Krieg, Mr. Pierson, Mrs. Link, Mr. Mountain, Mr. D’Emidio, Mr. Johnson,

Chairman Giordano

NAYS:              None

ABSENT:         Mr. Tolley                     ABSTENTIONS:  None. 

Motion carried. 

Mr. Trawinski said he and his client would need to come back before the Board to review the Road C vacation issue which proposed less paving, two accesses to Spine Road B and would address landscaping issues.  Chairman Giordano requested a photocopy of the plat for the area in question regarding the road issues and a revised Landscape Plan.  The applicant would appear before the Board at the May 1, 2006 Work Shop meeting. 

APPLICATIONS

PB-05-04; Millward, Andrew and Melissa; Minor Subdivision; Block 124, Lots 6, 7, & 8; Mr. Millward presented six colored photographs of the property off Mt. Pleasant Road, Ex. A-15(a)-(f), taken during the summer.  Mr. Spillane said the revised Plans were not correctly dated and he had resubmitted five copies of his most recent revision, Ex. A-16, dated March 17, 2006 .  He will submit a complete set of plans with the proper dates.  He discussed the changes to stormwater management, the method used to calculate it, and revised drainage calculation submitted Friday, March 31, 2006 (Transmittal letter was dated March 10, 2006) addressed Mr. Lemanowicz’ March 29, 2006 letter.  He said the Board was concerned with maintenance costs for stormwater management and reported every five years the filter could be brought to a recycling center or the landfill since there was low usage for a private driveway; the Flowguard System would not be used.  He said the profiles on Mt Pleasant Road exceeded the RSI Standards.  The Plans showed water drainage to flow to the back of the property and the catch basin was located away from the septic. 

Mrs. Kimball said the Board had three options to provide access to the back lot:  an Easement over the front lot, a flag lot (a variance in this zone), or to build a road.  She said future development could occur easier if there was a road or a staff of a flag lot could be converted into a road.  There would be more control through use of an easement.  Mr. Buzak said there were jurisdictional issues creating a flag lot and an easement would be preferable. 

Motion to open the meeting to the public made by Mr. D’Emidio, seconded by Mayor Krieg; all agreed. 

Arthur Israel, was concerned about any drainage coming onto his property.  Mr. Spillane said it would flow away from his property and Mr. Lemanowicz confirmed that the calculations appear to be saying that. 

There being no further comment, motion to close the meeting made by Mr. Johnson, seconded by Mr. Mountain; all agreed. 

The Board felt the driveway easement would be preferable.  Chairman Giordano wanted to clarify the status of the existing log cabin.  Mr. Sweeney said the preexisting occupied structure would be occupied until the woman left and the building would become an accessory use.  Mr. Buzak said the Board would need to determine to allow the occupancy until the third party vacated the premises, unless the subdivision was aggravated by the preexisting nonconformity.  Also, a bulk variance would be required due to lack of frontage; Randolph would issue the permit subject to Mendham’s approval.  There was further discussion regarding tree removal avoidance and which Township would provide services.  Ex A-6, letter addressed to the applicant from the Township Clerk discussed trash and recycling; the Board was told that a contractor would be used. 

Motion to open the meeting to the public made by Mr. D’Emidio, seconded by Mr. Mountain; all agreed. 

Vito Serrano, 14 Mt Pleasant Road , felt the road would devalue his property, was opposed to the development and concerned that his address would be renumbered.  He said he had not been noticed previously and had just received this notice late in the hearing process. 

Mario Kuras, 17 Mt Pleasant Road , was opposed to the project, said the house would be in his backyard which according to his real estate agent would cause his house to loose value and privacy.  Mr. Sweeney objected to the statement since the real estate agent was not present. 

Arthur Israel, 13 Mt. Pleasant Road , had been informed of all the meetings from both towns, was surprised that Mendham Township was concerned about the impact the house would have on the rest of the Township. 

Doreen Madalian, 176 Mt Pleasant, liked her property because of the existing trees, felt the landlocked property would not be allowed to be built on, said the hardship variance was self created and was concerned about privacy and spacial integrity.  

Mr. Sweeney questioned Ms. Madalian, and referred to Ex. A-1, an Aerial view of the property.  Mr. Spillane referred to Ex. A-1, and identified the triangular portion of property, Lot 88.1 that was owned by Lot 88.  An electrical easement was identified on Lot 63, which was adjacent to the house.  Chairman Giordano asked if the applicant asked about obtaining permission to have access through a vacant parcel of land.  Mr. Sweeney said it was complicated because of wetlands.  Mr. Buzak said the lot was oversized according to Randolph ’s standards and did not have frontage, but he would check if any access could be gained from Randolph . 

Vito Serrano, said there was a $3,000,000 house being built next to the Millward property and felt that the value would go down. 

Janet Millward, 15 Mt Pleasant Road , said they never went through a hardship variance, felt the neighbor had built an oversized house, raised the driveway six foot and nobody objected it.  She said the developer made a huge profit, had more rights than they had, and said he had know about the application before he purchased the property. 

The accuracy of the notice and obtaining the 200-foot list was questioned.  Notice had been given three separate times during the process of the application and discrepancies were identified.  Mr. Sweeney said he obtained the list from the Tax Assessor at different times.  The first list was dated 2-25-04 .  Mr. Sweeney verified that they had received another list from the Assessor dated 9-22-05 .  Chairman Giordano asked where Mr. Spillane obtained his 2-25-04 list, since Mr. Serrano’s name appeared on Mr. Spillane’s list and if the applicant’s professionals were working from two different lists.  Mr. Sweeney listed the dates and names on his lists.  Mr. Buzak would need to review the notice documents from Mr. Sweeney’s office and the Township’s Tax Assessor’s office. 

The application was carried to the April 19, 2006 .  Mr. Serrano said he would be out of the country on April 19, 2006 .  Chairman Giordano said that a representative could be sent since the public hearing portion of the meeting would continue. 

Motion to close the meeting to the public made by Mr. D’Emidio, seconded by Mayor Krieg; all agreed. 

DISCUSSION/ANNOUCEMENTS

Mrs. Link asked about the Net Building Envelope Area and suggested that the calculation of what was and was not included needs to be clearly defined.  Mr. Buzak said it could result in a variance or a waiver if the area required was not met.  The Board wanted the engineer to provide the breakout of the calculations to allow proper review by the professionals.  The Board requested that Mr. Lemanowicz revise the checklist to require the breakout. 

Schiff would be scheduled for May 17, 2006 , for discussion and Mr. Mountain would notify the respective groups. 

The Mendham Township Board of Education Long Range Facilities Plan was submitted tot he Board.  Mr. Buzak would verify what action was required, notice procedures and submit a draft letter to be sent to the Board of Education; one full meeting would be required to be dedicated for the hearing. 

The Board discussed issues regarding flag lots.  The Green View application proposed two alternate views using the flag lot one with a paper street and one without, which was preferable by the Board. 

Mr. Pierson wanted the Board to consider any changes to the ordinances since current and future applications were getting difficult to develop because of steep slopes, etc. 

Mayor Krieg asked about an adjacent building being made into an apartment that was connected through a breezeway.  Further discussion continued. 

Motion to adjourn the meeting at 11:16 p.m. made by Mr. Pierson, seconded by Mrs. Link; all agreed. 

                                                                                    Respectfully submitted,

                                                                                    MaryAnne Gruszecki

                                                                                    Board Secretary.