MINUTES OF A REGULAR MEETING OF THE PLANNING BOARD

OF THE BOROUGH OF MOUNTAIN LAKES

February 24, 2011

 

Chair Sandy Batty read the Open Public Meeting Advertisement Notice adopted at the annual meeting on January 27, 2011:  Adequate notice of this meeting was given to the Citizen and the Daily Record, posted with the Borough Clerk and on the Bulletin Board and made available to all those requesting individual notice and paying the required fee.

 

ROLL CALL:

Members Present: Batty, Kane, Zamierowski, Bailey, Selver, Nachshen and Lewis

Absent: Holmberg and Gormally

Also Present: Attorney Peter Henry

Absent: Engineer Bill Ryden

 

REVIEW OF MINUTES: Barry Lewis made a motion to adopt the minutes of the January 27th meeting. Paul Selver provided the second; the minutes were approved by voice vote of all eligible voters.

 

RESOLUTIONS: None

 

LETTER:

            Daniel Ferrante                                                 Appl. # 07-231

 

A letter was received by the Board Administrator from the Attorney of Daniel Ferrante.  In the letter the applicant requested that condition 8 of the resolution dated September 27, 2007 be modified.  Condition 8 requires a well be drilled prior to obtaining a building permit. He requested the condition be changed due to the pending lifting of the water restrictions in town. They requested the requirement to drill a well before permitting be changed to before issuing a certificate of occupancy.

Roy Kurnos, a licensed Attorney in the state of New Jersey was present at the Board meeting to explain his client’s position. The subdivision created 4 lots, 2 of which were undeveloped.  The 1st undeveloped lot has a home on it now and the 2nd lot has a contract to build a home. Because the Borough is close to having the water restrictions lifted the applicant is hoping they would be able to hook up to the town water supply directly rather than drill a well.  

Sandy Batty clarified a well would be put in if the water hook up was not available.  Roy Kurnos said they would put in a well under those conditions. Barry Lewis had talked to Bill Ryden about drilling the well prior to the Borough issuing a CO. Mr. Ryden; the Borough Engineer was fine with the change in the provision. Mr. Kurnos told the Board the dry water line was already installed down the street in preparation for future water hook ups on the street.

There was no one present from the public. Sandy Batty said she was fine with the well not being drilled. Barry Lewis made a motion to amend the resolution to change the drilling of the well to the time of the issuance of the Certificate of Occupancy. Martin Kane seconded the motion. Attorney, Peter Henry explained to the Board that when an applicant asks for a significant change of condition required in a resolution you would notice the public. He did not feel the applicant needed to notice for this request. The Board voted 7 -0 to approve the change in the resolution with members Batty, Kane, Lewis, Nachshen, Selver, Bailey and Zamierowski voting in favor.

 

PUBLIC HEARING: 

Master Plan

Chapter 7 – Community Facilities and Utilities

Sandy Batty noted that all the changes the Board made were incorporated from their last review. The Board then went through the chapter a final time and made minor corrections to the element.

The Chair then opened the meeting to the public for comment, no one was present.

Mr. Henry had prepared a resolution for the Board in advance and gave it to the Board members to read.  Jim Bailey made a motion to approve the resolution as presented and a second was provided by Corey Nachshen. Chapter 7 of the Master Plan was approved by a vote of 7-0 with members Batty, Kane, Lewis, Nachshen, Selver, Bailey and Zamierowski voting in favor.

 

COMMITTEE REPORTS: None

 

Other Business

Sandy Batty reminded Board members not to talk or email members of the public about board business.

 

Klingenburg                                                      Appl. # 09-237

 

A letter was sent from Robert Klingenburg to the Planning Board members requesting he be allowed to keep the original house on his recently subdivided property and not take it down before getting a building permit for the new lot as required by the resolution. The applicant would now like to keep and make modifications to the original home. Peter Henry felt the applicant should appear before the Board, with formal notice, if he would like to change the approval. Sandy Batty felt the Board should give the neighbors the opportunity to hear about this potential change. Barry Lewis said the Board should see some type of plan and the variances that would now be required.  Sandy Batty asked if the request should go to the Board of Adjustment since the lot was subdivided and the deeds filed.  Peter Henry said because this would change the original application the request would stay with the Planning Board. The Board Administrator sent a letter to the applicant explaining his need to appear before the Board to amend his application.  She attached a copy of Peter Henry’s email explanation.

 

Sandy Batty informed the Planning Board that a bill had passed changing the time for reexamination of the Master Plan.  The reexamination will now be every 10 years rather than the current 6.

 

Sandy Batty made a motion to adjourn the meeting. The Board adjourned at 8:05 PM.

 

Respectfully submitted,

 

 

                                                                                    Cynthia Shaw, Secretary