MINUTES OF A REGULAR MEETING OF THE PLANNING BOARD

OF THE BOROUGH OF MOUNTAIN LAKES

July 24, 2008

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

ROLL CALL:

Members Present:  Nix, Selver, Nachshen, Loveys, Dunn, Gormally, Tempesta, Palmer,           Batty                                         Absent:  Shaw

Also Present:  Attorney Peter Henry

REVIEW OF MINUTES:  The amended minutes of the June 26, 2008 meeting were approved by voice vote. 

PUBLIC HEARINGS:

Carried from June 26 to September 25, 2008:

      ROBERT C. & MARY ELLEN WAGGONER           26 Lake Drive

Block 101, Lot 105                                                      Appl. #08-234

Minor Subdivision                                                         RA zone

Sandy Batty reported that the Zoning Board of Adjustment has made an interpretation of Ordinance 245-20B, determining that the frontyard exception rule does apply to this property and the front setback should be determined by averaging the setbacks of the two adjacent properties to the east of 26 Lake Drive.

COMMITTEE REPORTS: 

Master Plan Reexamination – Committee Chair Barbara Palmer announced that Joan Nix has agreed to lead the discussion and would refer to Barbara if necessary.

Nix asked whether any suggested changes had been approved.  It was agreed that there were no decisions and all changes were up for discussion.  Our deadline is Oct. 24, 2008. 

Palmer confirmed that the latest version is a culmination of many suggestions but nothing has been solidified.

Barbara Palmer suggested that the Reexamination Committe members’ affiliation should be noted, such as Board of Education, Recreation, HPC etc.

Corey Nachshen recommended that the verbs on bullet points #6 be changed to past tense.  The Board decided that those items are quoted from the 1996 Master Plan.

Peter Henry – the Reexamination Report does not have substantive effect, the ’96 Plan is still in effect.  Palmer said this summary is verbatim.  Henry recommended that we state, “The following is quoted from the ’96 plan:”

Joan Nix will verify if the statements are actual quotes.

Page 8 – Joan Nix agreed with changes proposed.

She suggested removal of the last sentence, “this encroachment is an ongoing problem.”  There was discussion as to whether it is being monitored and enforced, and whether this is a redundant statement.  The Board agreed to retain, “This encroachment is an ongoing problem.”

Attorney Henry noted that, if there is general agreement, we should wait until all areas are reviewed and then vote on the draft proposal.  Add “The Borough is making a concerted effort to stay within our allocation.”

Joe Tempesta said that Susan Kimball will make a report to Council regarding COAH changes.

Circulation changes – the Board agreement to accept the changes.

Historic District Designation – there was discussion about the HPC influence is responsible for the look and style of new homes and additions.  It was controversial as to whether it was a result of the HPC influence or whether our zoning influences that style.  It was agreed to remove the last sentence of that paragraph.

Section C – The suggestions by Steve Shaw and Bill Ryden were accepted.

Stormwater Management – the language was edited to reflect our current Stormwater Element status.

Proposed revisions were accepted for The Highlands Act and State Plan.

(Where is Cross Acceptance Report?)

D. 1. – Barbara Palmer said the Committee recommended an updated plan, particularly in the Land Use elements.  change to Adopt amendments to the Master Plan”

RE:  #6 – Henry said it is not yet required.  The Board agreed to, “Add a sustainable community element as permitted in the amended MLUL, this would provide for…”  retain the definition

#18, change to “include a mix of housing and commercial uses while…”

Section E:  Peter Henry asked, “Does the Planning Board think that Council should adopt a redevelopment plan?”  The Planning Board should state its recommendation or you should state that you have no recommendation regarding the necessity for a Capital Redevelopment Plan.

Joan Nix said that she would merge these suggestions into a clean document and distribute it to the Board for discussion or adoption.

Sandy Batty recommended that we don’t meet in August unless an application is submitted.  The clean copy of the Reexamination Report should be distributed.  Barbara Palmer suggested that it be put on the website.  The meeting does not have to be noticed but notice should be provided after adoption.

Sandy Batty reported that Council asked if she would present a report on this at their August 28 meeting.  It was determined that there would not be a quorum of Planning Board members at that Council meeting.

OTHER MATTERS & PUBLIC COMMENTS: 

Sandy Batty noted that Site Plan and Ordinance Committees have not been active recently.  Sandy recommended that the Site Plan committee be reestablished.  The Zoning Board has requested that the Ordinance Committee reconvene.  Barbara Palmer said that, although she and Louise will not be available, the Committee recommended that the Master Plan process should continue.  Sandy asked that each member serve on at least one Committee.

 The August meeting will be cancelled unless an application is submitted.

The meeting was adjourned at 9:05 p.m.

                                                                                    Respectfully submitted,

                                                                                    Marge Jackson, Secretary