MINUTES OF A REGULAR MEETING

OF THE PLANNING BOARD OF THE BOROUGH OF MOUNTAIN LAKES

January 24, 2008

 

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 the Bulletin Board, and made available to all those requesting individual notice and paying the required fee.  Members beginning new terms signed the Oath of Office. 

 

ROLL CALL:

Members Present:  Nix, Selver, Loveys, Dunn, Batty, Davis, Tempesta, Shaw, Palmer, Lightner                                          Also Present:  Attorney Peter Henry, Engineer William Ryden

 

REORGANIZATION: 

Election of Chairman:  Mike Lightner was nominated by Frank Dunn and seconded by Louise Davis.

Election of Vice-Chairman:  Barbara Palmer was nominated by Mike Lightner and seconded by Paul Selver.  The Chair and Vice-Chair were approved unanimously by single ballot.

Appointment of Board Engineer:  Mike Lightner recommended William Ryden of Anderson and Denzler, seconded by Frank Dunn.

Appointment of Planning Consultant (as needed):  Louise Davis recommended Duggan Kimball, seconded by          Barbara Palmer.  Appointment of Secretary and Administrative Officer:    Mike Lightner recommended Marge Jackson, seconded by  Louise Davis.

The previous three appointments were approved by 9-0 roll call vote.

Designation of  Newspapers:  The Citizen was designated as the paper of record and The Daily Record as the second paper of notice for 2008.

Designation of Meeting Dates:  2008 meeting dates were approved with a start time of 7:30:  

  February 28                 June 26                        October 23

  March  27                    July 24                         November 20

  April 24                        August  28                   December 11

  May 22                        September 25               January 22, 2009

 

REVIEW OF MINUTES:  The September 27, 2007 minutes were approved by voice vote

 

PUBLIC HEARINGS:

      ROBERT C. & MARY ELLEN WAGGONER           26 Lake Drive

Bl. 101, Lot 105                                                           Appl. #08-234

Minor Subdivision                                                         RA zone

Ralph Loveys pointed out that the Mountain Lakes Club is an adjoining neighbor of the applicant; Loveys is a member of the Club so he offered to recuse himself.  Attorney Henry said it is an appropriate disqualification.  Steve Shaw is also a member of the Club.  Paul Selver said he lives next to Mr. Waggoner, but not next to the subject property.  Henry said that is not an automatic exemption unless Selver or the applicant is uncomfortable with that relationship, or an objection is raised.  The applicant indicated that he had no objection; there was no objection from the public or from any Board member.  Loveys and Shaw stepped down for this hearing.

 

Attorney MaryAnne Connors Brennan introduced the minor subdivision application, describing it as a large piece of land to be divided into two building lots of 31,375 and 30,397 square feet.  The proposed lots conform in every respect except the minimum building envelope.  Brennan noted that the houses, as proposed, will comply with all other bulk requirements.  Waggoner would prefer to have the homes built farther from the lake than the 43 feet required by code because that location could impede neighbors’ view of the lake..  The adjusted front yard setback would be 163 feet from Lake Drive.  The variances are from the adjusted setbacks.  The lot widths are deficient by 2 feet along the lake.  There are minor depressions or slopes that exceed 15%.

 

Applicant Robert Waggoner was sworn in by Attorney Henry.  He testified that he has lived in Mountain Lakes since 1974 and at 280 Boulevard since 1975.  He lived at 26 Lake (subject property) temporarily while the Boulevard house was being renovated.  That renovation was extremely “green” because his son has allergies.  He testified that they haven’t decided whether they would eventually live in one of the two new homes. 

 

Michael Spillane, professional engineer, reviewed his credentials and was accepted as an expert.  Spillane said the property is 1.5 acres,  Each available building envelope is 2.8 feet short of the required 50 foot width.  The Mtn. Lakes Club and neighboring house to the east are set far back (184 feet and 152 feet) from Lake Drive.  The area where slopes in the envelope do not conform are 15.6%, where 15% is the maximum.  Other than that, the lots are oversized and conform.  If the building envelopes were able to be moved to the front of the lots, the dimensions and slope could conform.  However, structures located closer to the street would not conform with the streetscape in that neighborhood.  Peter Henry pointed out that, if the buildings were moved away from the lake, closer to the street, that could require a front yard setback variance.  If the Mountain Lakes Club is not considered  a “house” under the setback exception rule, the 25 foot lakefront setback would apply.  If the subdivision is approved, the required setbacks of either house depend upon which house is constructed first.    If the easterly house is built first, that lakefront setback would have to be at least as far back as the adjacent house to the east.  Mike Lightner asked whether, if the subdivision is granted with the building envelope variances, the envelope is irrelevant and the setback requirements apply once the lots are created.  If there is no hypothetical in which houses can be built, then you are creating an unbuildable lot. 

Paul Selver asked, if there is a watercourse (the canal) between the two lots, does that negate the setback impact of the next lot?  Henry – the ordinance does not speak to that.

Peter Henry – the applicant does not wish to build houses as close to the lake as the front setback requires.  Is there a hypothetical situation that would allow the house to be built on the westerly lot so that the easterly house is built without variances? 

Mike Lightner said the Board may need more specifics as to what the owner’s intentions may be.  Joan Nix asked about the sewer line.  Bill Ryden said he had asked for more specifics about that.

Barbara Palmer asked whether there were any State stormwater regulations regarding 50 feet of buffer protection.  Does that apply to the canal?  She thought that regulation had changed in September, 2007.  Spillane said that the canal is part of the lake.  Bill Ryden said we needed to investigate the applicability of that regulation to the canal.

 

Attorney Brennan – the applicant would like to carry the application and come back February 28.  No further notice is required unless the variance requests change.

Five checklist waivers were requested.  Peter Henry said it would be beneficial for the applicant to understand if they were granted.  Engineer Ryden said they do not apply to a minor subdivision, so we do not need to address them.  Ryden referenced M. L. Code 208:5, that’s where the checklist requirements end. 

 

 

REPORTS: 

Master Plan Reexamination - Chair Barbara Palmer noted that the Committee has nine members:  Gail Boertzel, Andy Bulfer, Louise Davis, Celia Flynn, Cathy Harvey, Mike Lightner, Joan Nix,  Roberta Spray, and Palmer.  We hope to have a draft for the Planning Board review by June.  We welcome any input.  The Planner will review what we propose.  The housing element will not be addressed because the COAH regulations are being revised.

Peter Henry noted that the new housing element might have to be completed by November.  That would be a Planning Board issue.  The Committee’s tentative meeting dates are 1/03, 1/10, 2/07, 3/06, 3/20, 4/03, 4/17, 5/01, 5/15 and 6/05.

Mike Lightner commended Barbara Palmer for her organization and initiation of this Committee.

 

Lightner also thanked Joan Nix for serving on the Facilities Committee.

 

Sandy Batty said that the Highlands Committee will be meeting next week.

Four of the five members attended the Highlands meeting.  The Highlands Executive Director, Eileen Swan, would attend a town meeting if requested.

Steve Shaw reviewed a Highlands presentation he attended recently.  We need to present comments by Feb. 28.  If you go through the conformance process with Highlands, that equates to State approval.

 

Barbara Palmer pointed out that the Planning Board had two items for the Ordinance committee to address.  Sandy Batty asked who from the Planning Board would be willing to serve in addition to her herself.  Steve will bring it up to the Council.

 

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

 

                                                                                    Respectfully submitted,

 

 

 

 

                                                                                    Marge Jackson, Secretary