MINUTES OF A REGULAR MEETING

OF THE PLANNING BOARD OF THE BOROUGH OF MOUNTAIN LAKES

March 22, 2007

 

Chairman 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. 

 

ROLL CALL:

Board Members Present:  Nix, Selver (arr. 7:40), Palmer, Pitcher, Batty, Shaw, Davis, Lightner                        Absent:  Melikian, Dunn, Webb 

Also Present:  Attorney Peter Henry, Engineer William Ryden

 

REVIEW OF MINUTES:  The modified minutes of the January 25 meeting were approved by voice vote.

 

MEMORIZLIZING RESOLUTIONS:       

DEERING / CARTER Appl. #07-228

The motion to approve the resolution for the minor subdivision was made by Steve Shaw, seconded by Barbara Palmer and carried by 6 - 0 roll call of eligible voters.

 

PUBLIC HEARINGS: 

All applicants and witnesses were sworn in by Attorney Henry.

 

BILL & ELLEN GASCOIGNE           Bl.20, Lot 84

90 Briarcliff Rd.                                    Appl. #07-229

Major soil moving permit                      RA zone

Engineer Henry Huelsebusch testified that he prepared the plans, last revised 3-07-07, and described the property and the project.  The property complies with all the bulk requirements with the exception of the lot depth.  The plan used for the description was a colorized version of the plan submitted with the application, marked as Exhibit A1.  Huelsebusch described the plan for the soil moving project.  The current driveway, across from the middle school, does not access a garage and creates an unsafe condition when backing onto a busy street.  The proposed new driveway to access a garage will require significant excavation but will provide a safer condition to and from Bellvale Road.  Huelsebusch described a proposed trench drain and underground infiltration system; he asked for relief from providing the overflow suggested by Bill Ryden because the Gascoignes do not want to lose the mature hedgerow and it would require connection under the existing sidewalk.  Huelsebusch noted that this is the only logical location for a driveway but it does necessitate a major soil moving permit. 

Rob Pitcher asked when they planned to schedule construction.  Ellen Gascoigne said they are mindful of the schools, so construction workers will be informed of the school schedule, where they should park, etc.  Pitcher suggested that the schedule be changed to begin at 9:00 a.m. to avoid conflict with Briarcliff and Wildwood schedules.

Steve Shaw asked for clarification about the height of the wall, referring to the detail on page 3.  Huelsebusch explained that the wall will be three feet high along the driveway, increasing to 8 feet on the northwest corner of the turnaround.  Joan Nix asked if the frontyard exception would not apply to the wall along Bellvale and she speculated that a variance might be required.  It was noted that a variance has not been applied for or noticed, so it is not an issue for this Board.  In response to Sandy Batty’s question, Bill Ryden noted that this retaining wall is not an unusual height; he also withdrew his previous recommendation for the overflow system.  Ryden asked that Huelsebusch provide the site distance for the driveway, compliance with the tree ordinance and a deposit for engineering fees.

Ryden & Henry pointed out that this soil moving permit would be valid only for the specific plan submitted here.  If that plan changes, they may have to return for a different approval.  Rob Pitcher moved to accept the plan with Ryden’s change in the overflow pipe and the suggested change in the time plan for the morning.  Gascoigne said that she told the contractor they could not be moving trucks during school time, therefore operations will be allowed from 9:00 to 2:15, resuming at 3:15.  There was no public comment for this application.  The motion was seconded by Paul Selver and carried by 8-0 roll call vote.

 

CHRISTINA & WAYNE KOCH       Bl. 45 Lot 86

7 Wilcox Dr.                                        Appl. #07-230

Major soil moving permit                      RA zone

Wayne and Christina presented the application; their engineer was not able to attend.  The landscape plan was entered as Exhibit A1 to show the proposed landscaping and wrought iron fence surrounding the pool.  They propose two walls, maintaining the existing grade of the property.  The application states that 408 cubic yards of soil would be imported; Koch thought there would not be any additional soil, based on the engineer’s statement.  The Board noted that they need to know the source of the soil and how it will be delivered.  The Board recommended carrying the application to the April 26 meeting to allow the applicant to provide the necessary information.  Ryden wants to see the details of the ILC calculations including the proposed pool.

 

DANIEL FERRANTE             Bl. 99, Lots 1 & 6

2 Esplanade, 248 Morris                      Appl. #07-231

Major subdivision                                 RA zone

Attorney Roy Kurnos, representing the Ferrantes, described the proposed subdivision; the total area of the two properties is 2.45 acres.  Each proposed lot exceeds the minimum lot size of 15,000 square feet for the RA zone.  Kurnos pointed out that the Borough prefers preservation of the Hapgood homes and this plan preserves the two stucco homes.  The four variances requested all deal with the minimum building envelope requirements.  The waivers requested are for the EIS because the addition of two more homes will not change the impact to the environment and they do not feel the EIS is required.  Marc Walker testified that the property does not create a requirement for any off site improvements.  There would be no environmental impact; it is outside the prime aquifer area and there is no dedicated parkland.  The disturbance will impact less than one acre.  Rob Pitcher said that this property drains to an area of existing problems from runoff.

Walker referred to the slope disturbance map included in the application.  Under the Residentail Site Improvement Standards, we are exempt from stormwater calculations.  We don’t anticipate any percolation issues.

Barbara Palmer noted that the Esplanade was listed as being within the prime aquifer area.  Lightner pointed out that this is one reason we need the EIS.  Board members agreed that they would like to see an EIS and stormwater calculations.  Ryden pointed out that the RSIS does not trigger stormwater calculations.  Walker testified that some of these issues will be addressed when they apply for building permits.  Attorney Henry noted that the EIS, surface water management, and landscaping plan are the remaining checklist items.  If the waivers are not granted, the application is not complete.  The final plat has not been done.  The landscaping plan would be provided with the final plan for the houses.

Ryden referred to his 3/22 letter; this application is not creating any new roadways and has minimal disturbance.  Steve Shaw agreed with Ryden; this project would not have significant environmental impact.  Sandy Batty agreed that many of the EIS requirements are beyond what we need to know but she would like more information on the aquifer and surface water management; she would like to know how the water would flow off the properties.

Mike Lightner stated that he would not consider a waiver if the issue is “fuzzy”; we would also like to have a modified EIS including the surface water management (letter E on the EIS).  Lightner polled the Board,  agreeing that the EIS should be provided at least 10 days prior to the next meeting.

Peter Henry recommended that there should be a formal vote on the three requested waivers.  The EIS could be abbreviated, the soil water management could be combined in the EIS.  The landscape plan should be provided.

Rob Pitcher made the motion to require Henry’s recommendation, seconded by Steve Shaw and carried by 8-0 roll call vote.  No additional notice is required.

 

Carried to April 26, 2007:

TONY DIMARCO                              Bl. 97, Lot 7

48 Ball Road                                        Appl. #07-232

Major soil moving permit                      RA zone

 

REPORTS: 

Sandy Batty reported that the Mountain Lakes Highlands Committee has been meeting.  We have  reviewed the plan.  We expect that the comment period has been extended to May 11 and we will provide some comments.  

 

Barbara Palmer represented the Planning Board at the All Boards Meeting in January.  Barbara noted that all committees and chairpersons should be appointed. 

Mike Lightner said that the Site Plan Review Committee consists of himself, Rob Pitcher and Armen Melikian.

The Master Plan Committee will be Mike, Barbara, Roberta Spray (if willing), Joan Nix and  Armen Melikian.

Steve suggested that the mayor might want to chair the Ordinance Committee.

The Board agreed that the Traffic Committee could be suspended.

Mike Lightner agreed to be the Procedures Committee.

 

Barbara Palmer asked whether water allocation is an issue for considering subdivisions.  Is this something we should be concerned about?  Should we declare a moratorium on subdivisions?

Peter Henry questioned whether we had the power to do that.

Bill Ryden said, if you have insufficient capacity, the DEP will not allow you to connect to the water system.

We should let Kurnos know that there may be an issue with water capacity for the proposed subdivision.

 

The meeting was adjourned at 9:25 p.m.

                                                                       

                                                                                    Respectfully submitted,

 

 

 

                                                                                    Marge Jackson, Secretary