MINUTES OF A REGULAR MEETING OF THE PLANNING BOARD

OF THE BOROUGH OF MOUNTAIN LAKES

April 25, 2013

Chair Jim Bailey read the Open Public Meeting Advertisement Notice adopted at the annual meeting on January 24, 2013:  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 28, 2013 and made available to all those requesting individual notice and paying the required fee.

The meeting was called to order at 7:32 pm.

ROLL CALL:

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

Absent: Bravo

Also Present: Attorney Peter Henry

Also Absent: Engineer Bill Ryden

REVIEW OF MINUTES: Dan Happer made a motion to adopt the minutes of the February 28^th meeting.  John Zamierowski provided the second; the minutes were approved by voice vote of all eligible voters.

RESOLUTIONS:

Michael & LaVonne Feigeles                             Appl. 13-252

Dan Happer made a motion to adopt the resolution of approval; John Zamierowski provided the second. The resolution was carried by a vote of 5 to 0 with members Bailey, Nachshen, Happer, Zamierowski and Dagger voting in favor.

PUBLIC HEARING:

Hornrock Properties, LLC                                 Morris & Fanny Road

            Block 88, Lots 18.01-18.44                                 App. # 13-253

Trailer                                                              R-AH Zone

Larry Calli, a licensed Attorney in the state of New Jersey with Porzio, Bromberg, & Newman PC., was representing Hornrock Porperties, LLC.  He explained the applicant was here this evening for an amendment to their site plan. The request was for the use of a temporary structure. The structure would be a 10’ x 32’ trailer located between buildings 2 and 3.  Eventually the trailer will be moved to a second location depicted on the site map. David Hornblass added the second location would be a paved area. 

Tom Dagger confirmed the applicant wanted to keep the trailer on the site until the last certificate of occupancy was granted.  He was concerned with the length of time it could remain on site. Peter Henry commented the Board could agree to allow the applicant to remove the trailer once the last co was issued and they could also include in the resolution an outside date the trailer could remain on site. Larry Calli explained in their request the applicant had used the same language found in the developer’s agreement, allowing a sales trailer to remain until the last co was issued. They felt this approach made sense. Jim Bailey asked if the Board could agree to the final constructed unit rather than the final co as the removal date. Larry Calli explained the applicant would want to remove the trailer as soon as they were finished. If the Board would like to add an outside date they understood but they did not think the trailer would be a needed there for more than a few years. David Hornblass added the trailer was rented and they hoped to be built out in two years.  Tom Dagger asked if three years would be enough. Corey Nachshen questioned why the Board was concerned about the trailer being on site, the applicant was renting it so why would they leave it there longer than they needed it.  John Horan stated it was his responsibility as a Board member to protect the Borough and didn’t want to have it there in 6 years. He thought the Board should require removal in 3 years.

Nick DeVenezia asked if the applicant could put a skirt on the trailer to keep kids out from underneath it and to control the weeds. The applicant agreed to do so. The applicant reviewed Mr. Ryden’s letter. David Hornblass addressed item #3 concerning signage and lighting. He stated they would be putting a sign on the trailer of their logo. The only lighting would be the fixture at each door for a total of 2 lights.

Peter Henry said if the Board allowed Hornrock Properties, LLC to have the trailer with a time limit and if they reach the time limit they could make a request in a letter for an extension of time to keep the trailer on site. At that point the Board could make a decision to grant the extension of time or require them to reapply to the Board. Peter Henry asked if anyone from the public would be entering the trailer; no there would not.

No one was present from the public to comment on the application.

Peter Henry asked if the site plans had been signed by the Borough. They have not been signed yet. He suggested the applicant may want to include the trailers on the site plan and should consider revising the plans before the Borough signed them.

A motion was made by Dan Happer to approve the request for the amendment to the site plan. The usual conditions would be included as well as the addition of the trailer skirt and the time limit for the removal of the trailer. The applicant could request an extension of time if needed by way of a letter. At that time the Board could determine if they wanted to grant the extension of time. A second was provided by Robert Tovo.  The Board voted in favor of granting the amendment to the site plan with the previously listed conditions. The vote was 9 to 0 with members Bailey, Kane, Nachshen, Happer, Tovo, Horan, Zamierowski DeVenezia and Dagger voting in favor.

Other Business

Master Plan Review

Jim Bailey explained to the Board he was presenting the 1st group of elements for final review by the Board. The second half of the elements would be reviewed next month. Once that had been completed we could have a public hearing to adopt the entire document. The Master Plan would be good for 10 years.

Dan Happer had a concern about Chapter 12 Summary of Major Findings and Recommendations – Need for Upgrade Facilities – “Borough Hall is in declining condition and needs renovations and upgrades to provide appropriate space for users, including the Police Department and community groups.” He felt the statement portrayed the space in the Hall as inadequate. Jim Bailey replied the Board had discussed the situation at length. Corey Nachshen thought the statement implied we needed to consider the best use of space. John Zamierowski took it as needing to upgrade the existing space not to create new space. Mr. Nachshen reminded the Board the Council had done studies on the use of the Borough Hall and we should reflect that in the Master Plan. Robert Tovo added what was in the document was accurate. He continued, we are currently working on making improvements to the building. The Board decided to leave the statement as written by the Planner.

Robert Tovo pointed out all our lakes were in residential zones A and AA but should be in Conservation Zone C-2 for active recreation. This deficiency came to light when the Borough was applying for FEMA money after super storm Sandy.  It would have helped the Borough if the lakes were in the C-2 when applying for money to clean up downed trees and brush in the lakes and their connecting waterways.  He suggested we add a statement to Appendix A under the “Notes” and Chapter 6 – Conservation Plan under “Lakes”.  The statement should read “The lakes and their connecting waterways are owned by the Borough and used for active and passive recreation by the residents.”  Mr. Henry added in the future this would allow the Board to determine an ordinance changing the zone to C-2 by the Council consistent with the Master Plan.

Tom Dagger requested a change in Chapter 3 - Land Use on page 5. He asked to rewrite the last sentence pertaining to the new historic preservation ordinance.  He would email the change to Jim.

The Board is still in need of one alternate.

Jim Bailey adjourned the meeting at 8:24 PM.

Respectfully submitted,

                                                                                    Cynthia Shaw, Secretary