MINUTES OF A REGULAR MEETING OF THE PLANNING BOARD
OF THE BOROUGH OF MOUNTAIN LAKES
June 28, 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: Kane, Gormally, Bailey, Nachshen, Dagger, Tovo, Happer (7:40) and DeVenezia
Absent: Zamierowski, Horan
Also Present: Attorney Peter Henry, Engineer Bill Ryden
REVIEW OF MINUTES: Charles Gormally made a motion to adopt the minutes of the April 26th meeting. Martin Kane provided the second; the minutes were approved by voice vote of all eligible voters.
RESOLUTIONS: none
PUBLIC HEARING:
MICHAEL LUBOWITZ 100 Laurel Hill Road
Blk. 56 Lot 44 Appl. #12-248
Soil Moving R-A zone
Marc Walker, a licensed Engineer in the state of New Jersey, and Alyson Lubowitz, of 60 Melrose Road, would be presenting the application. The Lubowitz’s are building a new home at 100 Laurel Hill Road; the original home on this property was destroyed in a fire. They have been issued a permit to build the new home. During the process of excavating the foundation they determined they would like to keep the dirt they are digging up and use it to build up the backyard. They no longer will be trucking the dirt from the foundation off property. The 1052 CY will be cut and filled within the site. To help offset the impervious coverage they will be adding a few dry wells.
Charles Gormally asked if the applicant’s project would require any retaining walls. Marc Walker explained they would not; they were just making the backyard more usable. Tom Dagger confirmed the earth work calculations showed no more than a 3 foot change in elevation. Nick DeVenezia noticed several trees had been removed from the driveway. Mr. Walker said the applicant would ultimately be adding a landscape plan, which would include new trees, when they were done building the house.
Peter Henry confirmed no exporting of soil was to be done and the applicant would comply with the conditions set forth in Bill Ryden letter.
The chair asked if anyone from the public would like to speak. Maribel Abbate, of 104 Laurel Hill, was in support of the application.
Charles Gormally made a motion to approve the application with the conditions requested in Bill Ryden’s letter in addition to the Board’s standard conditions. Nick DeVenezia provided the second. The Board voted 7 to 0 to approve the application with Bailey, Kane, Nachshen, Gormally, Tovo, Dagger and DeVenezia voting in favor.
TOBY & LISA IPPOLITO 15 Crestview Road
Blk. 45 Lot 1 Appl. #12-249
Soiling Moving R-A zone
Marc Walker, a licensed Engineer in the state of New Jersey, and Tobia Ippolito, of 73 Cobb Road, presented the application. Mr. Walker explained the Ippolitos had been building a new home at 15 Crestview Road for 15 months. When they excavated the soil for the foundation of their home the soil was stockpiled in the backyard. Now the applicants wanted to put in a swimming pool. They would like to use the stockpiled dirt to level the backyard. They would not be changing the grade or drainage patterns. A total of 1678 CY of material would be cut and filled on site, no material would be leaving.
Mr. Walker went on to explain the plan submitted for the hearing would disturb more than one acre of property. They will be modifying the plans to make the disturbed area less than an acre. When you disturb more than one acre the DEP controls the storm water management compliance. The applicants wanted to follow Borough ordinances pertaining to storm water so they will be changing their plans. The property is surrounded by county and borough owned property. Tom Dagger asked Mr. Walker to describe the modifications he would be making to get the disturbance under 1 acre. Mr. Walker explained they will be making changes along the northeasterly property line.
Nick DeVenezia thought the plan did a great job balancing the cut and fill. He went on to ask about the loss of trees and the plans for landscaping. Toby Ippolito told the Board he would be adding trees and landscaping throughout the property. Tom Dagger asked how they would be altering the trail that exists along the edge of the property. Marc Walker explained the trail is now on the Ippolitos’ property. The area will be given heavy landscaping to create privacy for the property owner and those using the trail. By defining their property boundaries a new trail will be created by natural foot traffic as it was in the past.
Jim Bailey questioned the need to wait for the new storm water management plan before the Board approved the soil moving permit. Bill Ryden did not think that was required; he felt the Board could make it a condition of the resolution. Peter Henry confirmed the applicant would comply with all the conditions of Bill Ryden’s letter.
No one from the public was present.
Robert Tovo made a motion to approve the application with the conditions requested in Bill Ryden’s letter in addition to the Board’s standard conditions. Dan Happer provided the second. The Board voted 8 to 0 to approve the application with Bailey, Kane, Nachshen, Gormally, Happer, Tovo, Dagger and DeVenezia voting in favor.
COMMITTEE REPORTS:
Master Plan
Jim Bailey said he had finished the 1st element, Community Characteristics, of the Master Plan. He had finally found all the 2010 census data and incorporated it into the plan. He will pass the chapter along to Paul Phillips, the Planner.
Other Business
Historic Preservation Ordinance #08-12
The Borough Council has had the 1st reading for Ordinance #08-12. They have asked the Planning Board to review the ordinance to determine if it is consistent with Master Plan.
Tom Dagger asked if he could be first to address the Planner’s comments. Paul Philips had commented on the 5 proposals recommended in the Historic Preservation chapter of the Master Plan. The ordinance committee has decided this particular ordinance would only pertain to proposal # 5, Provide incentives for the preservation of, and disincentives to the demolition of all historic structures. The ordinance only deals with single family residences. Tom Dagger also explained responsibility #4 listed under section 40-47B of the new ordinance was part of the original ordinance establishing the HPC. This condition requires the HPC to advise the Planning Board and Zoning Board of Adjustment on applications for development. This requirement has not been in practice for 20 years. The committee would not suggest changing this aspect of the ordinance at this time. Currently this requirement is not part of the check list for Zoning or Planning Board applications.
Martin Kane, also a member of the subcommittee, said they wanted the ordinance to have a narrow focus. The committee would be working on an ordinance for the commercial parcels later. He added if you can work with the new ordinance for bulk requirement relief for your historic home, great. If not you would go the standard route to obtain a traditional variance. This ordinance was a take it or leave it proposition.
Discussion issued.
Charlie Gormally made a motion determining the ordinance presented was consistent with the Master Plan. However, as a separate matter (not affecting this consistency determination), the Board also wanted to recommend the following changes to the Ordinance, but did not feel that such changes should preclude the ordinance from proceeding to a final vote of the Borough Council at its July 23 meeting:
40-49 Special Zoning Requirements for Contributing Dwelling
A. Bulk Incentives.
Change “this § 40-49” at the end of the statement to § 40-94B.
B. Bulk Incentives eligibility requirements
(1)(d) Change to read: All of the foregoing exceptions are subject to compliance with the overall modified bulk requirements.
D. Documentation and approval of Bulk Incentives eligibility
(4) The applicant may combine such appeal with an application to the Zoning Board of Adjustment for a variance from the standard regulations as set forth in §§ 245-19 and 245-20.
E. Requests for clarifications
Change “40-49” to 40-49B in the first statement.
40-50 Demolitions and relocations
A. Demolition of a contributing dwelling
(1)(c) Add the following at the end: If the Committee does not send a letter within 60 days of the submission of the applicant’s documentation, the applicant shall be deemed to have complied with the requirements of this § 40-50(1)(c).
A second was provided by Martin Kane. The Board voted 8 to 0 with Bailey, Kane, Nachshen, Gormally, Happer, Tovo, Dagger and DeVenezia voting in favor.
The Board is still in need of one alternate.
Jim Bailey made a motion to adjourn the meeting. The Board adjourned at 9 PM.
Respectfully submitted,
Cynthia Shaw, Secretary