MINUTES OF A REGULAR MEETING

OF THE PLANNING BOARD OF THE BOROUGH OF MOUNTAIN LAKES

February 28, 2008

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:

Members Present:  Nix (arr. 7:34), Loveys, Tempesta, Shaw, Palmer, Lightner                                Absent:  Selver, Davis, Batty, Dunn    

Also Present:  Attorney Peter Henry, Engineer William Ryden

Appointment of Board Attorney:  Mike Lightner recommended Peter Henry of Dillon, Bitar & Luther, seconded by Steve Shaw and approved by 5-0 roll call vote. .

REVIEW OF MINUTES:  The January 24, 2008 minutes were approved by voice vote with amendments suggested by Attorney Henry.

PUBLIC HEARINGS:

Carried from January 24 to April 24, 2008:

      ROBERT C. & MARY ELLEN WAGGONER           26 Lake Drive

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

Minor Subdivision                                                         RA zone

New application:

     WEBER HOMES                     Fanny Road & Morris Ave.

      Bl. 88, Lot 18                           Appl. #08-235

      Amended Site Plan                   R-AH zone      

All witnesses were sworn in by Attorney Henry.

Roy Kurnos, attorney for the applicant, reviewed that the final site plan was approved in August, 2006 and amended in May, 2007.  In the process of receiving financing, a title search disclosed that Scott Dignes (previous owner) had conveyed a small piece of the property to the NJDOT, at the corner of Fanny Road and Morris Avenue.  A curb was installed by the DOT.  DOT had also installed a box with electrical wiring in case there would be a traffic light installed at that intersection in the future.  There is a possibility that some of the land could be bought back by the owners, and Kurnos said they would buy it if possible, but the DOT committee will not be meeting again until July.

Kurnos called Bill Weber, prospective owner under contract, as his first witness.  Kurnos distributed Exhibit AA1, a colored portion of the survey to show the property conveyed and an easement.  Weber testified that he is the manager of Weber Homes.  He has been in the home building business since 1970, associated with Hovnanian and many others.  Weber explained that a parcel of land (approx. 635 square feet) was conveyed to the DOT; this transaction was just discovered by a bank search.  This impacts the 40 foot front setback required along Fanny and Morris.  The conveyance was 8 feet wide, so the setback would now be 32.45 feet; therefore a front yard variance is required for the corner of Building 6.  This variance would not impact ILC or FAR.

Questions from the Board:

Steve Shaw asked for verification that everything else in the plan would remain the same.

FAR would be 30.3%, remaining under the 30.5% limit.  ILC would be 33.4%, under the 34% limit.

In response to Ralph Lovey’s questions, The DOT acquisition occurred in May, 2003.  Kurnos testified that there were at least six deed searches that missed this conveyance.        

Barbara Palmer asked for clarification of certain elements on Exhibit AA1, including the right-of-way and easements.  Weber testified that the roadway is outside of the 40 foot requirement.

Steve Shaw – this is a technical glitch; from a planning perspective, there is no reason not to grant this variance.  Ralph Loveys agreed, it would be a major hardship not to grant this variance.

Barbara Palmer – I have always been concerned about this corner and whether that building would appear to be too large.  Palmer asked whether the trailer could be removed.  The Board was told that the trailer would be removed during the initial approval hearing.  Dignes agreed to remove the trailer.

Steve Shaw moved to grant the variance for a setback of 32.45 feet as depicted on sheet AA1.  Ralph Loveys seconded the motion.  The applicant and owner agreed to remove the trailer.  Peter Henry reviewed the proposed resolution.  Adoption of the resolution reflecting that decision was approved by 6-0 roll call vote.

REPORTS: 

Master Plan Reexamination - Chair Barbara Palmer reported that the Committee is progressing.

Joan Nix reported that the Facilities Committee met today and will meet again Saturday to discuss the architects’ proposals.

Steve Shaw reported that the Highlands Committee distributed a memo and comment letter to the Council and to the Planning Board.  Eileen Swan, Executive Director, will attend the March 10 Council meeting.

Mike Lightner announced that he will be moving from Mountain Lakes sometime during this summer so he will have to resign from the Board.

The meeting was adjourned at 8:10 p.m.

                                                                                    Respectfully submitted,

                                                                                    Marge Jackson, Secretary