MINUTES OF A REGULAR MEETING OF THE PLANNING BOARD

OF THE BOROUGH OF MOUNTAIN LAKES

December 20, 2012

 

Chair Jim Bailey read the Open Public Meeting Advertisement Notice adopted at the annual meeting on January 26, 2012:  Adequate notice of this meeting was given to the Citizen and the Daily Record, filed with the Borough Clerk, posted on the Bulletin Board in the Borough Hall on January 30, 2012 and made available to all those requesting individual notice and paying the required fee.

 

ROLL CALL:

Members Present: Bailey, Nachshen, Bravo, Kane, DeVenezia, Happer, Tovo, and Zamierowski

Absent: Dagger, Horan

Also Present: Attorney Peter Henry, Engineer Bill Ryden

 

REVIEW OF MINUTES: Martin Kane made a motion to adopt the minutes of the October 25th meeting.  Robert Tovo provided the second; the minutes were approved by voice vote of all eligible voters.

 

RESOLUTIONS: none

 

PUBLIC HEARING:

Hornrock Properties, LLC                     Morris & Fanny Road

            Block 88, Lots 18.01-18.44                     Appl. 12-251

            Amended Site Plan, Front Setback          R-AH Zone

 

Peter Wolfson, the Attorney for Hornrock Properties, LLC, recapped the previously approved amendment to the site plan and the R-AH zone ordinance change affecting this parcel. Tonight they were here to get variance relief for 9 patios on the Fanny Road side of the property. The patios would be below grade and not visible from the road or from inside the project. The applicant was also seeking a side setback variance for the installation of air conditioning compressors.

The applicant started the presentation with Mr. George Ritter, a licensed Landscape Architect and Planner in the state of NJ. The Shade Tree Commission had reviewed the landscape plan submitted and provided comments to the applicant.  Mr. Ritter had gone through their comments and prepared a new plan to address their concerns.  Exhibit A-1, sheet A-1 now dated 12/19/12, became a revision of the landscape plan already submitted. He explained the plantings in light gray drawn on the plan were already part of the sight and the darker gray where the new plantings.  Currently there are plants installed in the sight triangle on either side of the Morris Ave. entrance. Plants will be removed to meet the site triangle requirements. Bill Ryden stated there should be a site visit to determine what plantings needed to be removed.

The Shade Tree report stated there were invasive species and Ash trees that should not be included in the plan. The Ash trees could be attacked by the Emerald Ash Borer so they should not be planted. The applicant will replace them with Sugar Maples.  They will also remove the Rosa Rogosa and replace them with Knockout Roses. Where there were 3 or 4 trees of the same type planted together they will change the mix.  They were also increasing the number of deciduous shade trees. The applicant will add additional evergreens where needed to fill in the gaps in the existing plantings. Peter Wolfson stated Mr. Ritter had covered items 12 a - c of Bill Ryden’s letter dated December 14, 2012 as well as the Shade Tree Commission’s letter in the revised landscape plan. Bill Ryden asked a condition of the resolution be; the landscaping on the project be subject to a site inspection and the applicant be required to add any additional landscaping if necessary. Blair Bravo thanked the applicant for addressing the concerns of the Shade Tree Commission.

Marc Walker, a licensed Engineer in the state of NJ, presented exhibit A-2 the 12/17/12 colorized version of the 11/21/12 site plan already submitted. Mr. Walker stated the site was well established, the electric, sanitary sewer, drainage and roads are already in. Four market rate units and eight affordable housing units have been built. The previous owner finished the water improvements on Fanny Rd as well as the road improvements requested by both towns for Fanny Rd. and Morris Ave.

Due to the ordinance change for the zone 8’ x 12’ decks are now allowed in the setback on Fanny Road. They were here tonight to request a variance for 8’ x12’ patios underneath the decks as well as air conditioning units placed near the patios. The 30” x 30” units would be placed at the rear of the units and no further into the setback than the patios. They plan to install the patios 32 ft from Fanny Rd and the ac units 35 ft from the road. They are also proposing the addition of a one way internal loop driveway 18 ft wide. The allowed ILC is 34% and they are at 33.9% with the patios. The allowed FAR is 30.5% and they propose a FAR of 29.4%. Jim Bailey questioned the lot size; the square footage listed through out the submitted plans was not consistent. Marc Walker said there may be an easement to the town of Boonton that may be affecting the calculations. He will confirm the lot size.

Item five of Mr. Ryden’s letter requested testimony concerning the 18 ft wide driveway and the Residential Site Improvement Standards. Mr. Walker said the applicant was not creating a road but a one way driveway with angled parking so RSIS does not apply. The Fire and Police Department reviewed the plans and had no concerns with the driveway. Item 8 of the letter asked about the location of the mailboxes. In the original agreement the mailbox clusters were to be worked out with the postal service. The mailboxes for building 1 and 2 plus the affordable housing mailboxes were already installed. They will have to add three more clusters and will work that out with the postal service.

Marc Walker addressed Mr. Ryden’s concerns to amend the lighting for the site. The site lighting for the new driveway will be consistent with the original plans and they will add that to the plan. Item 10 questioned the amount of soil to be moved on the site. Mr. Walker explained the exportation of 4200 cubic yards of soil was part of the original approval. The majority has already been removed and the new buildings will be slab on grade so 1842 cubic yards of soil will now be imported.

Item #13 concerned the location of the marketing signs. The applicant proposed a one sided sign at the corner of Morris and Fanny. A two sided sign would be placed at the entrance to Morris Ave. as well as Fanny Rd. Exhibit A-3 was an example of 4ft x 5ft wide 7ft tall signs to be installed. The name of the project will be changed to “Legacy of Mountain Lakes”. Maurice Hornblass, owner of the property, told the Board they just received DCA approval to change the name of the project. They will remove all the signs after the last sale. Dan Happer asked how the sign would affect the sight line at corner of Morris and Fanny.  Marc Walker said the sign would be installed outside the sight triangle. The applicant wished to light the signs. The Board agreed the signs could be lit until 11 pm with soft lighting directed only on the sign.

The Board continued to review the letter submitted by Mr Ryden. Chairman Bailey was concerned the conditions of the original resolutions would not be met. Peter Henry said his concerns would be satisfied by the Borough Compliance Officer rather than the Board. Mr. Ryden told the Board he was satisfied with the answers to his letter presented by the applicant.

Jim Bailey asked if the wetlands permits were still valid. Marc Walker said all the permits were obtained by the original owner and under the permit extension act they have been extended. Mr. Bailey confirmed the water for the project was from Boonton and sewer from Mt Lakes. He confirmed the Homeowner’s Association will ultimately take responsibility for the common property when 75% of the project was sold. The trash enclosure on the site was for the affordable housing units. The individual units will have trash service similar to the rest of the Borough.

The Chair asked if there were any questions from the Board. Corey Nachshen asked where the soil would be imported from. Bill Ryden explained the import location, the truck route and timing would be approved by him.

Peter Wolfson introduced Dave Minno, the project Architect, who would focus his presentation on the 22 new townhomes. He presented exhibit A-4 a colorized version of the front elevation of a building in the “Carriage Collection”. The building would be similar to the other buildings on site using the same materials and details. Exhibit A-5 was a materials board containing samples of the cultured stone, shingles, shutters, stucco color and metal roofing to be used. Installation of the unit numbers on the rear of the townhomes was requested by police and fire department. Dave Minno thought that would not be necessary. Robert Tovo explained they requested the numbers to help the police and fire department identify the correct unit in case of an emergency. The applicant was willing to comply with the request. The lighting in the rear of the units would be a shielded to shine down on the deck or patio. John Zameirowski asked if there would be up lighting on the building; there would be none. Hornrock Properties would have temporary lighting for their new models similar to that used on the existing model. Jim Bailey was concerned about water run off freezing on the new street.  Marc Walker said only the basecoat of the road was down when they did the final paving the water run off will be resolved.

The last expert to testify was Peter Steck, the applicants Planner. He was in support of the ac units being installed in the setback. Exhibit A-6 shows the proposed patios under the decks no closer than 32 ft to the road. The patios will be offered as an amenity to help offset the cost of the affordable housing. The ac units would be installed on a small concrete pad 35 ft from the road. He felt a C-2 variance, the benefits out weight the detriments, would apply in this instance. The units are at a lower elevation and will be shielded by the landscaping. Nick DeVenezia confirmed the units would be installed on concrete slab on grade and they would not be connected. Blair Bravo was concerned about the ac units on the back patio, could they be installed in the front yards? The applicant preferred to place them in the back to keep the front yards pristine.

The Chair asked if there was anyone from the public who wished to comment on the application. No one from the public was present.

Peter Henry reviewed the applicants request for a setback variance along Fanny Road for 9 patios at 32 ft and 9 ac units at 35 ft. Mr Henry continued, if the applicant was granted the relief they wanted it would be based on the conditions in Mr. Ryden’s letter, the comments in the Police/Fire memo pertaining to numbering the rear of the units and the revised landscape plan based on the Shade Tree Commissions input. Screening along Fanny Road and in the sight triangles would need to be approved by Mr. Ryden. Lighting for the signs would be in consultation with the Borough Engineer and comply with the ordinance or 11 pm.  The exterior lights would be limited to a total of four, one fixture at the deck, patio, front door and garage. The 2 models will be lit in the same fashion as the current model. Marc Walker will confirm the ILC for the property. The resolution would include all the standard conditions imposed by the Board.

Nick DeVenezia asked the Board if they thought they should allow the ac units to be at the same setback as the patios to allow flexibility; the Board concurred. Corey Nachshen confirmed the new ILC includes the patios which could be pavers or poured concrete.

Martin Kane made a motion to allow a side setback variance for both the patios and ac units at a setback of 32 ft. The patios would be uniform either poured concrete or pavers. A second was provided by Dan Happer.  The Board voted 8 – 0 to approve the application with all the conditions listed by Peter Henry and the setback at 32ft.  Board members Bailey, Nachshen, Bravo, Kane, DeVenezia, Happer, Tovo, and Zamierowski voted in favor.

 

COMMITTEE REPORTS:

Chapters 1- Community Characteristics – Jim Bailey told the Board he had updated the chapter with all the 2010 census data he was able to find. He then turned the chapter over to the Borough Planner, Paul Philips, to provide the information he could not.  The Board reviewed the chapter and made some minor edits.

 

Chapter 10 – Historic Preservation – Mr. Bailey had updated chapter 10 to include the passing of Borough ordinance 08-12 pertaining to demolition and zoning incentives for the owners of Hapgood and Belhall homes. Once again the Planner, Paul Philips, had his staff review the changes to the chapter for the Board. The Board reduced the Historic Preservation Proposals in the chapter from five recommendations to three and made some minor edits.

 

Other Business

 

The Board is still in need of one alternate.

 

Jim Bailey made a motion to adjourn the meeting. The Board adjourned at 10:30 PM.

 

Respectfully submitted,

 

 

                                                                                    Cynthia Shaw, Secretary