MINUTES OF A REGULAR MEETING

OF THE PLANNING BOARD OF THE BOROUGH OF MOUNTAIN LAKES

August 24, 2006

Acting Chair Charles Gormally 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, Pitcher, Melikian, Dunn, Webb, Gormally, Shaw, Absent: Lightner, Palmer, Batty, Selver

Also Present: Attorney Paul Campano, Engineer William Ryden

REVIEW OF MINUTES: The minutes of the July 27 meeting were approved by voice vote.

MEMORIALIZING RESOLUTIONS:

WEBER HOMES Appl. #06-221

Acting Chair Gormally noted that there are questions. Joan Nix said that she agreed with Sandy Batty’s comment on defining the age restriction; one member of the household must be 55 years of age or older and no occupant shall be under the age of 18. Steve Shaw said that issue was referenced in the agreement wih Council. Attorney for the applicant, Roy Kurnos provided acting Board attorney Paul Campano with the agreement. Kurnos said it is in Title 42. Kurnos noted that all units will be age restricted with the exception of four of the eight Mount Laurel units. If a hardship is proven during sale of the units, that age restriction could be lifted. It was agreed that the restriction of one occupant of 55 years or older would be referenced in page 2, para. 3 and page 12, para 23. Armen Melikian suggested that one of the owners should be age 55. Campano said that is not what is referenced in Title 42.36.01. Gormally suggested that at least one title owner should be age 55; there should be consideration of a trust vehicle set up for a resident/occupant of age 55 or older. Campano speculated that it could be problematic to restrict ownership by age, whereas residency is a different story. Gormally said he thinks the intention is to restrict occupancy to age 55; he suggested that the language should be inserted in para. 3 and will be referenced in the master deed.

Joan Nix referenced page 5, para. 10, saying that if the signs were removed, the piers would look strange. It is a function of how the signs are mounted. She verified that there would be a total of two tempoary signs.

Nix referred to page 6, para. 14; Marc Walker said that the proposed retaining wall at the Morris Avenue entry is on the back side, south of the project, and it is adequately screened. Walker said that the retaining wall specifications will be provided to Ryden’s office. Ryden said that would be addressed during construction. No change to the resolution is necessary.

On page 12, para. 25, Nix would like to add “the stone should be a pre-cast stone product simulating the boulder stone walls used in the Hapgood houses in the Borough.” She also referenced Sandy Batty’s color suggestion and said that she preferred all the colors should be uniform. She prefers leaving the existing language. Nix said that may allow for minimal variation.

Armen Melikian referenced page 3 para 4; he thinks that it was not the Planning Board that made the determination, Council determined the plans were consistent. Kurnos said there was a 4-3 vote by the Planning Board. Steve Shaw thought that the Planning Board discussed but did not take a formal vote. He took the information to Council. Campano suggested that we add “There was subsequently a determination by Council, the governing body, that the project proposed by the applicant was substantially consistent with the plan.”

Campano referred to Sandy Batty’s comment regarding page 9, para 3. Peter Henry proposed adding “including any development for water and sewer.” Shaw thought it was covered on page 10, para 8.

Gormally asked about the extended water lines, page 7, para 17 . Ryden said the water lines would be maintained by the association. Gormally suggested, “except those portions within the public right-of-way.” Steve Shaw asked if this also covered the force main. Ryden said that all on-site utilities, including water, sewer, storm drains and piping and the off-site force main to the Borough’s sanitary system shall be owned, operated and maintained by the association.

Gormally wanted to add in para 17, “without reimbursement by the Municipality.” .Kurnos said we cannot do that. Webb said he does not know if we can do that. Ryden suggested that we not get involved in that at this time; it will be determined by the association. Referencing the path on page 10, para 6, siting will be in consultation with the Trails Committee and the Borough Engineer.

Gary Webb asked who would do the marketing. Bill Weber said his firm will do the marketing; the process of certification could be handled by a third party.

Frank Dunn suggested changing “even as to” to “except” on page 7, para 17.

Steve Shaw referred to page 8, para 19; who reviews that? Gormally referenced page 12, para 24.

Marc Walker said all Fanny Road dedications would be through the town of Boonton so “Fanny Road” should be removed from page 10, para 11.

There were no comments from the public.

Rob Pitcher made the motion to adopt the resolution with amendments agreed upon by the Board. The motion was seconded by Steve Shaw and carried by 7-0 roll call vote.

PUBLIC HEARINGS:

ROY DIGNES 85 N. Pocono Road

Block 24, Lot 3 Appl. #06-227

Major Soil Moving RAA zone

Project Engineer Marc Walker & Roy Dignes were sworn in by Attorney Campano. Chair Gormally referred to Bill Ryden’s comments dated 8/23/06. Walker referred to the plan dated 7/06/06. Dignes plans to construct an addition, fill in a ravine in the rear of the property and install a circular driveway. The fill area proposed requires the movement of 3264 cubic yards and import of 2732 yards of soil to the site. This is over the minimum for the permit requirements. Dignes is not certain of the source of fill and that will be coordinated with Bill Ryden. The routes will be determined after the source is found.

A tree management plan will be submitted to the Borough. Walker reviewed the significant trees to be retained. It is estimated that 9 trees will be removed. A Letter of Interpretation has been filed and a verbal approval was received from the DEP. Walker testified that there would be no encroachment within the 50 foot buffer required by the DEP. The plan will be submitted to the Construction Department and will be reviewed for compliance. There will be no impact to surrounding neighbors. A detailed work schedule and truck plan will be submitted to Ryden.

All construction activities will be in accordance with Borough ordinances and a performance bond will be provided.

Board comments: Armen Melikian asked how many truck loads there would be; Walker – approximately 200 trucks with 16 cubic yards per truck. The U-shaped driveway will result in two curb cuts so vehicles don’t have to back out onto Pocono Road.

Joan Nix asked if it is the Board’s responsibility to review significant grade changes. Walker said the only retaining wall required is along the wetlands buffer on the south side. The purpose is to create a yard. The existing retaining wall behind the house will be removed. The proposed retaining wall will be no more than 3 feet high. Walker said a soil erosion plan with silt fence will be provided. Walker noted that there are no neighbors in this area so there is no impact on the neighbors. The property is approximately 4 ½ times the minimum lot size in this zone. Joan Nix said she is troubled by radical regrading. Charles Gormally – There are circumstances that warrant consideration. Nix – It is to create a pool and a yard. Walker pointed out that, at this point, Dignes is able to utilize only one-half of his property. Shaw said that based on the location of the lot, the regrading in the rear of the house is a mitigating factor.

Steve Shaw moved to approve the soil moving permit with the conditions outlined in Ryden’s 8/23 letter, seconded by Rob Pitcher and carried by 6-1 roll call vote; Nix denied.

Carried from July 27:

BOROUGH OF MOUNTAIN LAKES 400 Boulevard

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

Major Site Plan RA zone

Borough Manager asked that the application be carried to the September 28 meeting without additional notice.

OTHER MATTERS / PUBLIC COMMENTS:

Steve Shaw pointed out the Daily Record article about the King of Kings property and noted that it was totally erroneous. It referred to Ord. 19-06 and Shaw noted that no zoning was changed, we only changed the zone from 10 acre to 8 acre clustering.

The meeting was adjourned at 8:55 p.m.

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Respectfully submitted,

Marge Jackson, Secretary