MINUTES OF A REGULAR MEETING

OF THE PLANNING BOARD OF THE BOROUGH OF MOUNTAIN LAKES

July 27, 2006

 

Chairman Mike Lightner read the Open Public Meeting Advertisement Notice:  Adequate notice of this meeting was given to the Citizen and the Daily Record, was posted with the Borough Clerk and on the Bulletin Board and was made available to all those requesting individual notice and paying the required fee.

 

ROLL CALL:

Board Members Present:  Nix, Selver (arr. 7:55), Pitcher (arr. 7:40), Melikian, Dunn, Webb, Batty, Gormally, Shaw, Lightner                                       Absent:  Palmer

Also Present:  Attorney Peter Henry, Engineer William Ryden

 

REVIEW OF MINUTES:  The corrected minutes of the June 29 meeting were approved by voice vote.

 

MEMORIALIZING RESOLUTIONS:

            ALEX CHEREPAKHOV                    Appl. #06-224

Steve Shaw made the motion to approve the resolution, seconded by Gary Webb and carried by 6-0 roll call vote.       

ERIC BECHT                                      Appl. #06-225

Gary Webb made the motion to approve the resolution, seconded by Steve Shaw and carried by  6-0 roll call vote.      

 

 PUBLIC HEARINGS:

       Carried from June 29:       

WEBER HOMES                                Fanny Road & Morris Avenue

            Bl. 88, Lots 17.01, 18, 19, 20              Appl. #06-221

            Major Site Plan                                    R-AH zone

Attorney Roy Kurnos noted that the Zoning Board of Adjustment had returned a favorable interpretation with a 5-1 vote that the Weber plan for affordable housing satisfies the intent of the ordinance. 

 

The one issue remaining is a variance for the distribution of bedrooms, referring to Chapter 245-23.  Kurnos said that the applicant is providing 1 bedroom each for the four age restricted units, plus two 2-bedroom and two 3-bedroom units for non age-restricted units.  A memo from planner Susan Kimball to Gary Webb indicated that our ordinances should be amended because the bedroom distribution of the proposed affordable units is not compliant with the Borough Ordinance but it does comply with COAH regulations.  The applicant seeks a variance from that section because Council did not comply with the COAH regulations of 2004.  Attorney Henry referred to the original notice to include any variances being sought; this complies with the plan and COAH regulations.  The notice is adequate given the history of how we got here.

Bill Weber, developer of the project, reviewed the location and description of the affordable units.  All exhibits referred to in this hearing were marked during previous hearings for this application.   Exhibit A17, affordable housing building revised 3/20/06.  Sheet A11 showed the floor plans for the one bedroom units (754 sq. ft.), described as a generous plan.  Weber believes this meets the spirit and regulations of COAH.  This unit would be limited to a maximum of two occupants.  The two bedroom units (plan A12) are 981 square feet, 3 BR 1126 s.f. on the second and 1144 s.f. on third floor units.  Weber testified that the plan has more 1-bedroom units than required by Chapter  245-23.  The alternative would be efficiencies rather than the 2 bedroom units.  Steve Shaw acknowleged that our ordinance does not comply with current COAH standards but complied at the time the ordinance was passed.

Henry – currently, you need to have at least as many bedrooms as there are age-restricted units.  This proposal is consistent with COAH.  The COAH regulations do not specify the mix when you have age-restricted housing.  Lightner asked, do we need a variance for the requirement for one and two bedroom units?  Kurnos said that the easiest way to calculate would be to divide the non-age restricted units between two and three bedroom units.   Applicants will qualify by affordability and suitability.  The four one-bedroom units will be age-restricted and affordable, the remaining four units will be affordable and not age-restricted.  The variance will grant relief from the 20% requirement for one-bedrooms and the 30% requirement for two-bedrooms.  Shaw suggested that Council could change the ordinance.  Joan Nix asked if we would want to provide one-bedroom units for non-age-restricted occupants.  Henry – that would be up to COAH.

Sandy Batty asked whether there would be A/C in the affordable units.  Weber – yes, there would be outdoor compressor units at grade.  The townhomes and multiplex units would have the compressors on the roof.  Batty noted that this configuration would be different from the affordable units; she pointed out that the trash and recycling receptacles would also be detached from the affordable building.  Lightner asked if the location would detract negatively on whether the occupants would use the trash receptacles; he said that Barbara Palmer had done research on this issue and, in other developments, the trash was not taken to the receptacles as frequently as it should have been.  Steve Shaw said he thought there would be concern if the receptacles were too close to the building.  Joan Nix scaled the plan and said the receptacle would be 190 feet from the most distant units.  There was discussion as to whether it should be closer (convenient in winter) or farther (more desirable in summer) from the living units.  Lightner said that Palmer also asked about the path connecting this development to the YMCA; what kind of material would line the path?  Weber – a wood chip path would connect to the existing paths, eventually leading to the high school; we also discussed a sidewalk along Fanny Road.  The paths would be maintained by the Borough on their property.  Gary Webb suggested that the Trails Committee identify the location of the paths.  Weber said they would be willing to provide a sidewalk to the YMCA property.  There would  probably be two condensors on either side of the building.  Joan Nix noted that, if the units are on the Fanny Road side, that would also impact the setback limits and may require a variance.  Weber agreed that if they cannot comply with the setback requirements, they would need to return for a variance.

Sandy Batty asked whether the affordable housing units would be completed first or last.  Weber said that the Mt. Laurel units would be delivered early in the phasing, probably by 25% of completion.  Regarding the removal of trash in the multi-family and affordable units, that would be covered in the by-laws.  There were no questions from the public.

 Steve Shaw made the motion to grant a variance from ordinance 245-23 as discussed, seconded by Rob Pitcher, carried by 8-0 roll call vote.

Roy Kurnos asked Weber to review the elevations to assure the Board that they would build the project as proposed, i.e. which exhibits are in play to be referenced in any resolution of approval?

Exhibit A9, plan A3 - 8 affordable units, exterior of stone on first level, stucco on the second

Exhibit A6, plan A1 - multifamily buildings with the same stone and stucco exterior

Exhibit A12 showed the elevation, noting the clipped roof to achieve height compliance

Exhibit A3, plan A2 - front, end and rear elevations of the townhomes

Bill Ryden explained that the walk-out basements are not considered stories by the revised ordinance.  Ryden asked whether the color schemes and materials are representative of the finished product.  Weber said there will be consistency; they have not decided if the stone will be beige or grey.  Nix stated that we have jurisdiction on the materials and she wants to know exactly what kind of stone will be used.  Henry summarized that this Board is interested in whether you will build what you are showing.  Lightner said that they have testified that the appearance will be similar to the Hapgood Craftsman style.  Board members wanted more specifics.  Paul Selver asked whether the agreement described the character and material of the structures.  Yes, and that would be monitored by the construction and zoning officials.  Selver suggested that it be described as a condition of approval.  Ryden agreed that it should be specified in the approval.  Henry suggested the requirement that the color be consistent throughout the development and consistent with the agreement with the Borough.  Shaw pointed out that Council had wished to control the style of the development and did that in the agreement.    Ryden said he would like the resolution to reference the exhibits, the approved drawings and the language to describe the nature and consistency of the materials.

Henry asked it there would be a revised set of drawings and site plan.  Kurnos – no.  Henry said the resolution would be very long and detailed; he hopes to draft it in concert with Mr.  Kurnos.  Ryden said there would be a final version of the site plan submitted that needs to comply with all the conditions stipulated in his reports.  Shaw suggested that the vote authorize the drafting of a memorializing resolution.

Henry said there are two ways to achieve this if you are ready to act.  You can approve the application subject to enumerated conditions, followed by a memorializing resolution.  Or, you can authorize a resolution to be drafted; that does not constitute action.  The applicant would need to extend the time to act.  The application was for both preliminary and final site plan approval.  Variances have been requested for the setback of pillars and the bedroom mix.

Charles Gormally made the motion to direct Peter Henry to prepare a resolution for approval, seconded by Rob Pitcher.

Attorney Henry – the application will be officially approved upon adoption of the resolution at the next meeting scheduled for 8/24.  Henry said he could not attend that meeting; it was noted that Palmer, Batty, Selver and, perhaps, Lightner could not attend.  The motion was approved by 8-0 roll call vote.  Kurnos said he would take his chances and will extend the time for the Board to act through September 30 and hopes to proceed on August 24.

Sandy Batty noted that Susan Kimball’s 7/20 memo suggested different language for affordable housing.

 

        New application:

BOROUGH OF MOUNTAIN LAKES    400 Boulevard

Bl. 21, Lot 38                                       Appl. #06-226

Major Site Plan                                    RA zone

Bill Ryden recused himself from this hearing.  Attorney Henry said the municipality is obliged to have this Board approve this plan as any applicant would do. 

Gary Webb showed the preliminary site plan of the proposed Police Department annex, a 45’ x 45’ two-story structure.  It would meet the 40’ setback from both Pocono Road and the Boulevard.  There are five additional parking spaces planned.  The buildings are connected only by a sallyport, a covered driveway to bring prisoners into the building.  The buildings are not connected on the interior because of logistics and cost.  If we increased the square footage of this building, we may be required to install an elevator.  The existing police facility space will be renovated to accommodate the construction department, fire department, zoning department and storage.

In response to Board questions as to why the police need four times as much space as now, Shaw said we have fourteen officers and we have had substandard space for many years.  We need more space for evidence, detention, securing firearms, etc.  It has never been adequate; regulations and record detention require more space.  Webb pointed out that prisoners are currently handcuffed to a bench in the same room used for firearm storage, evidence lockers and shift commanders.  Gormally said we are responding to recommended guidelines for law enforcement.  Gormally asked whether this project has ever been approved by Council; there has never been a resolution or authorization to proceed.  Webb said that the State applications had been processed.  There was discussion as to who is authorized to apply before this Board.  Shaw agreed that there has not been a final vote or funding by the Council.  Webb said this hearing is a cursory requirement and also a requirement for the capital budget.  Council has authorized bonding.  Webb asked that the application be carried so we don’t need to re-notice.

From the audience, Ellen Emr, 44 Crane Road - Having looked at the records, I can testify that the police department staff has doubled since 1970.  There is documentation that this was not adequate space when it was built.  This issue has been discussed, it is an old issue that was passed from Council to Council through the years.  She asked if there could be a way to go between the buildings without going outside.  Webb repeated that it was not feasible logistically.

The hearing was carried through September 28 without further notice required.

 

DISCUSSION:  Ordinances 12-06, 19-0

Ordinance 12-06

Steve Shaw said that this follows the State ordinance but it goes beyond those restrictions.  Bill Ryden said that it is customized as much as possible to Mountain Lakes.  It is a semblance of State statutes and allows us to enforce them. 

Rob Pitcher made the motion to recommend Ordinance 12-06 to Council, noting that it is consistent with the Master Plan, seconded by Armen Melikian and carried by 9-0 roll call vote.

 

Ordinance19-06

The motion to recommend Ordinnce 19-06 to Council was made by Charles Gormally, seconded by Gary Webb and carried by 9-0 roll call vote.

 

Sandy Batty noted Susan Kimball’s recommendation regarding affordable housing and referred to Boonton Township’s requirement that affordable units be interspersed.  Gary Webb said that the third round COAH ordinance would address the issue and that would be the opportunity for the Planning Board to discuss it.  Mike Lightner said he thought it would be premature for us to discuss this when we don’t have anything specific before us.  There was discussion as to whether this should be initiated by Council, the Planning Board or the Ordinance Committee.  Gary Webb said we recently realized that the reduction in commercial space by the Fusee demolition reduces our third  round requirement from 6 units to 3 units.

 

OTHER MATTERS: 

 Steve Shaw noted that the Joint Ordinance Committee should convene and address the issues suggested by Council.

Gary Webb suggested that Board members tour the present police facility and asked whether they would like Chief Tovo to address the requirements.

Sandy Batty said that cross-acceptance is being dragged out, the map has been changed so we don’t know if Mountain Lakes is impacted.

 

The meeting was adjourned at 10:05 p.m.

.                                              

                                                                                                            Respectfully submitted,

 

 

 

 

                                                                                                            Marge Jackson, Secretary