MINUTES OF A REGULAR MEETING

OF THE PLANNING BOARD OF THE BOROUGH OF MOUNTAIN LAKES

October 26, 2006

 

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

 

ROLL CALL:

Board Members Present:  Selver (arr. 7:45), Pitcher, Batty, Webb, Shaw (arr. 7:35), Palmer, Lightner                                     Absent:  Nix, Melikian, Gormally, Dunn

Also Present:  Attorney Peter Henry

 

REVIEW OF MINUTES:  The minutes of the August 24 meeting were approved by voice vote.

 

MEMORIALIZING RESOLUTION:

ROY DIGNES                         Appl. #06-227

Attorney Henry proposed a revision on page 2 line 5, to insert …‘he’ will coordinate…

Barbara Palmer asked about the condition of a tree plan.  Gary Webb confirmed that a tree plan has been processed.  Rob Pitcher moved to approve the resolution as amended, seconded by Gary Webb and carried by 3-0 roll call of eligible Board members.

 

DISCUSSIONS:

Ordinance #24-06

Steve Shaw said that there was an Ordinance Committee presentation to Council.  He turned the discussion over to Ordinance Committee Chair Sandy Batty, who noted that these changes had previously been discussed in 2004.  Batty said that the changes are straight forward, deleting church schools and museums.  We are adding the definition for schools because we wanted to clarify what schools are and what they are not.  That is the extent of the changes proposed.

It has been questioned whether we want to have some of the other conditional uses included.  Peter Henry discussed whether public schools should be considered as conditional uses.

Sandy Batty reviewed the proposed condition of allowing schools only on arterial roads; she noted the roads in question and said that all our public schools are located on those roads.

A child care center is a conditional use.  That is not considered a school by definition.  Sandy summarized that this ordinance only removes the two uses (church schools and museums) and adds the definition.  If the Board were to consider the conditional uses, that would take much more work and discussion.

The motion to recommend to Council that the ordinance is consistent with the Master Plan was made by Steve Shaw and seconded by Mike Lightner.  Barbara Palmer questioned section 3 (open lot sales, etc.), what are the changes?  Peter Henry noted that the non-profit exception was reduced to not exceed a cumulative total of 6 days per year.  Motion carried by 7-0 roll call vote.

Sandy Batty noted that Council had added conditional uses of schools, churches, and non-commercial recreation centers (eg. YMCA).  Do we want them to be moved from permitted to conditional uses?  Should government uses be separated from institutional uses?  Batty said we have existing conditional uses:  home occupations, private clubs, philanthropic or eleemosynary uses and child-care centers.  Do we want to address this now or refer it back to the Ordinance Committee?  Mike Lightner noted that a private school (eg. child care center) not owned by a Church is not considered a principal use.  Paul Selver said that there are grey areas as to what is defined as a church’s principal activities.  In a controlled setting, it works well because if the decisions are incorrect, they will be noticed and brought to the Zoning Board ofAdjustment.  Selver continued:  a child care center could clearly be considered as not an accessory use.  Lightner - if you have an activity that would be prohibited in the zone but it’s in a church as an independent business, it could be a different question.  Batty – is this beyond the church’s mission, is it outreach? 

Selver – would we be able to review a site plan for a conditional use?  Peter Henry – if they satisfy the conditions, it becomes a permitted use.  If they don’t satisfy the conditions, they’re off to the Zoning Board for a use variance.  Sandy Batty asked, do we want to change the ‘Y’ to a different zone?  It is very site intensive; they would have to come back if they want to make any changes.  Shaw asked that George Jackson’s bullet points created for Council be distributed.

 

Ordinance #26-06

Steve Shaw pointed out that the Council just introduced this on 10/23 after receiving the Zoning Board memo of recommendation.  There was discussion as to whether the wording of ‘less than’ versus ‘not exceeding’ three feet would be considered a substantial change.  Peter Henry noted that retaining wall is defined in the ordinances so that phrase could be excluded.  Henry did not think that would require re-introduction of the ordinance.

The motion to recommend that Ordinance #26-06 is consistent with the Master Plan was made by Gary Webb, seconded by Rob Pitcher and carried by 7-0 roll call vote.

 

DISCUSSION:  POLICIES, PROCEDURES & CUSTOMS

Chairman Lightner said it had come to his attention that the Zoning Board of Adjustment had adopted a new set of rules.  When it comes to the section regarding procedural rules, we refer to Roberts Rules of Order.  I think we need to also consider rules governing public participation in the meeting.  Sandy Batty noted that 40:55D10b says, “The municipal agency shall make the rules governing such hearings.”  It also says that the Chair has control over the meeting.

Paragraph 1C should be changed to reflect that new and existing members are required to take a course in accordance with NJAC5:87.  The changes were approved by voice vote.

Peter Henry noted that the deadline for the mandatory course is January 17, 2008.

 

PUBLIC HEARINGS:  Carried from August 24:                   

BOROUGH OF MOUNTAIN LAKES           Appl. #06-226

Borough Manager Webb asked for the Borough application to be withdrawn without prejudice.

 

COMMITTEE REPORTS:  none

 

OTHER MATTERS / PUBLIC COMMENTS:  none

The meeting was adjourned at 8:45 p.m.

 

                                                                                                            Respectfully submitted,

 

 

 

                                                                                                            Marge Jackson, Secretary