Grundy Reporter

Morris Township Planning Board met June 4.

Here is the agenda provided by the Board:

Call to Order

The regular meeting of the Township of Morris Planning Board was called to order on Monday evening June 4, 2018, at 7:30 P.M. in the Municipal Building, 50 Woodland Avenue, Morris, Township of Morris, N.J.

The Pledge of Allegiance was led by Mr. Franz Vintschger, Vice-Chairman

Statement of Adequate Notice: The Board Vice-Chairman issued the following statement:

“I hereby announce and state that adequate notice of this meeting was provided by the Secretary of this Planning Board by preparing a notice dated May 29, 2018, specifying the time, date and place of this meeting, posting such notice on the bulletin board in the Municipal Building; filing said notice with the Clerk of the Township of Morris; forwarding the notice to the Morris County Daily Record and the Morris News Bee, and forwarding, by mail, the said notice to all persons on the request list, and I hereby hand a copy of such notice to the Secretary of the Planning Board for inclusion in the minutes of this meeting, all of the above actions being in accordance with N.J.S.A. 10:4-6, et seq., Open Public Meetings Act.”

Roll Call of Planning Board Members and Professionals

Members Present

Mr. Franz Vintschger, Vice Chairman

Mr. Anthony Romano

Mr. Jeremiah Loughman

Mr. Jesse Kaar

Ms. Linda Murphy

Mr. Laurence D. Bobbin

Mr. Peter Mancuso

Mr. Andres Benvenuto, Alternate #1

Mr. Todd Goldberg, Alternate #2

Members Absent

Mr. Matheu Nunn

Mr. Rick A. Haan

Professionals Present

Mr. Steven Warner, Board Attorney

Ms. Paul Phillips, Asst. Planning Board Planner

Mr. Edward Purcell, Professional Engineer

Mr. James Slate, Planning Board Engineer

Ms. Sonia Santiago, Board Secretary

Consideration for approval of the minutes of the April 16, 2018 regular meeting.

On a motion duly made by Mr. Mancuso, seconded by Ms. Murphy and unanimously carried, except for Mr. Romano who abstained, the minutes of the April 16, 2018 meeting were approved as circulated and placed on file in the office of the Planning Board.

Public Hearing

PB-05-18, Leonardo Muñoz Minor Subdivision

Block 10304, Lot 21, 11 Carlton Street, RA-7 zone.

Applicant proposes a minor subdivision to create one additional lot.

Proof of publication and affidavit of service filed and approved by the Board attorney.

Mr. Leonardo Muñoz, applicant entered his appearance and sworn in by the Board Attorney

presented the application to the Board.

TCC report dated April 30, 2018 was read into the record by Mr. Paul Phillips, Township Planner.

Jesse Kaar stated there was a site inspection and there were no issues or comments to report.

The following professionals were sworn in by the Board Attorney.

Kiersten Osterkorn, Professional Land Surveyor

James R. Slate, Township Engineer

Paul Phillips, Township Planner

Summary of Testimony – Kiersten Osterkorn, Professional Land Surveyor

Ms. Osterkorn described the site as an approximately 100x156 foot lot where the Applicant would like to subdivide it into 2 lots, both being 50x156 feet. Both lots would be conforming. Currently the property has one existing non conformity which is the front stoop but that will be eliminated when the house is relocated. The applicant proposes to relocate the existing house onto the westerly lot, adding an addition, and building a garage within the setbacks. The easterly lot would contain a new building, contingent upon the house being relocated. If approved, the resolution would be written that it is contingent upon the house being moved first because the lot line goes through where the house will be relocated. No variances are proposed, side yard setbacks meet the requirements, building and improvement coverage will be under what is allowed. If approved, the land disturbance grading plan would be done to the Township’s satisfaction for drainage and grading. Utilities are located on the street.

Ms. Osterkorn explained how the comments from the TCC were addressed and described the bump out from the garage; it will still be a K-turn. Mr. Muñoz is not proposing it for no one else’s use; he is proposing it for himself. The intent is to have some open space behind the house and place the garage in the far back of the property within the setbacks. The garage will not become a residence it will not have the necessities that are required for an apartment. She further stated that Mr. Muñoz will remodel one part of the garage to be a personal gym.

Mr. Mancuso asked how the house will be relocated. Mr. Munoz stated a contractor can move it by re-supporting the floor joists and placing on newly constructed basement foundation. It will have a full basement.

Mr. Goldberg confirmed utilities (electric, water and sewer) go from the main house to the garage. Ms. Osterkorn stated it will have utility services to provide the half bathroom in the workout area. If it is written in the resolution it could not be a residency Mr. Muñoz will be compliant.

Mr. Warner asked if the applicant stipulates there will be no full bath or cooking facilities in the garage. Mr. Muñoz stated he would like to add a full bath. Mr. Warner asked the Applicant if he would be willing to stipulate to no cooking facilities if the Board grants the application, that he would record with the Morris County Clerk’s office a deed restriction prohibiting that the separate structure be used as separate living space so any subsequent purchasers would be on notice that they would not be able to utilize that building as living space. Applicant agreed to the stipulations.

Ms. Murphy restated it would be a full restroom facilities with shower using existing water, sewer and electrical for no other purposes.

Mr. Phillips asked if the intent is to still use it as a garage to house a car along with the personal gym. Mr. Muñoz responded that it would be one space for garage and one space for personal gym.

Mr. Goldberg asked Mr. Slate if the applicant is still within the impervious coverage limits for the driveway, garage and relocated one story. Mr. Slate confirmed it is still within the limits.

Ms. Osterkorn added Mr. Muñoz would like to add a wall pack for heat/air conditioning for the gym so it could be used year round.

Ms. Osterkorn added the lot 21.01 usage is based on a conceptual house. At the time it is developed, the developer would need to follow the permits required and would need to come back to the Board if anything changed and it no longer conforms.

Mr. Vintschger asked if notice was sent. Ms. Osterkorn stated it was not necessary and Mr. Warner confirmed it was not required for a minor subdivision, as it conforms.

Mr. Benvenuto asked if there were trees planned to be removed. Ms. Osterkorn responded none were being removed.

Mr. Warner asked Ms. Osterkorn if she would stipulate to all of the outstanding comments of the April 30, 2018 TCC Meeting Report. Ms. Osterkorn stated that they will stipulate to the comments of the TCC report. Ms. Osterkorn further stated the conceptual house proposed will conform to the neighborhood’s existing mixture of 1-2 story houses.

Mr. Vintschger noted the shed located partly on the property in the back right corner of lot 21. Ms. Osterkorn confirmed it is Mr. Muñoz neighbors and the survey shows it encroaches. Mr. Muñoz does not have any problem with the neighbor’s shed and it can stay until it falls.

Mr. Slate noted there are a couple trees to the right of the existing driveway and requested they be located on the plan.

The meeting was opened to the public for questions or comments of the witnesses; no one appeared to be heard.

Mr. Mancuso moved, seconded by Mr. Kaar that approval be granted to the application of Leonardo Muñoz thereby permitting the minor subdivision to create one additional lot on Block 10304, Lot 21 with conditions stipulated and that the Board Attorney be authorized to prepare a formal resolution memorializing action taken by the Board, same to be presented for consideration at the June 18, 2018 meeting of the Board.

Roll Call (voting members)

Mr. Romano YES

Mr. Benvenuto YES

Mr. Kaar YES

Mr. Goldberg YES

Township of Morris Planning Board

Regular Meeting Minutes

June 4, 2018

Ms. Murphy YES

Mr. Bobbin YES

Mr. Loughman YES

Mr. Mancuso YES

Mr. Vintschger YES

9 Ayes 0 Nays 0 Abstain

Other Matters Master Plan Consistency review of Ordinance # 9-18 Amending Chapter 95 by adding Article XII Entitled “Small Cell Equipment, Wireless Cabinets and Wireless Poles in the Municipal Right of Way”

Mr. Warner stated that the Board will recall that we addressed these ordinances in some detail back at the April 16, 2018 regular meeting and we had Mr. Purcell provide the detailed explanation of the ordinances. These ordinances where introduce by the Governing Body both the small cell equipment ordinance 9-18 and the co-location ordinance 10-18 this is the Master Plan consistency review and based on the testimony to be given by our Planner Mr. Phillips as to whether or not these ordinances are not inconsistent with our Master Plan, Mr. Purcell is also present to answer any questions the Board may have.

Mr. Warner stated Mr. Phillips is the primary presenter, and that it is not a public hearing. The public hearing on these ordinances will take place on second reading by the Governing Body on June 20, 2018 Township Committee Meeting. Mr. Warner further stated that he also drafted resolutions in the event the Board finds the ordinances not inconsistent with the Master Plan.

Mr. Phillips reviewed Ordinance # 9-18 stating it is not inconsistent with the Master Plan. One of the recommendations from the reexamination report adopted August 2017, under land use and zoning development regulation section, the second recommendation was to create the zoning standards for small wireless sites in the right of way on top of utility poles. We actually made that recommendation to be proactive and to create zoning regulations to take that proactive approach to have some control of these facilities and protect the character of the community, especially residential neighborhoods. It is his opinion and recommendation to the Board that this ordinance is not inconsistent with the Master Plan.

There was a discussion carried between the Board and Professionals regarding the placement, height and distance between the poles. Mr. Purcell stated new poles are conditionally permitted in nonresidential areas. If it is a residential area, there will have to be an application to the Zoning Board for approval.

Master Plan Consistency review of Ordinance # 10-18 Amending Chapter 95 by adding Article XIII Entitled “Collocation onto Existing Towers and Base Stations”

Mr. Phillips recommends Ordinance #10-18 is not inconsistent with the Master Plan. The MP reexamination acknowledges the Federal legislation in practice with this ordinance from 2012 dealing with changes that took place since the last reexamination at the Municipal, State, and Federal level. The ordinance dovetails on the acknowledgment of the Federal Collocation Act of 2012. For those reasons this ordinance is not inconsistent with our Master Plan. Mr. Purcell stated this ordinance is good housekeeping, to ensure wireless ordinances comply with the Federal Law.

Mr. Purcell explained that the residential installation of new poles or ground level cabinet are prohibited uses in residential areas, and would have to be handled through D1 variance applications to the Zoning Board. On existing poles small cell facilities and cabinets can be placed on existing poles and can be done through administrative approval by the Township Committee through recommendation of the Township Engineer. Residential districts are protected more than non- residential districts.

Ms. Murphy moved seconded by Mr. Mancuso and unanimously carried, the Board refers the ordinance 9-18 & ordinance 10-18 together with the resolutions to the Township Committee with a favorable recommendation for adoption.

Roll Call (voting members)

Mr. Romano YES

Mr. Benvenuto YES

Mr. Kaar YES

Mr. Goldberg YES

Ms. Murphy YES

Mr. Bobbin YES

Mr. Loughman YES

Mr. Mancuso YES

Mr. Vintschger YES

9 Ayes 0 Nays 0 Abstain

Spring Brook Country Club requested an for extension of approval – Mr. Warner stated that this will be their third and final extension of approval if it is granted. A resolution has been drafted if the Board grants the request. Mr. Warner further stated that the MLUL and Municipal Ordinance allows up to three one year extensions which will carry them until June 2019 at which time they should have commenced work on their project.

Mr. Mancuso moved, seconded by Mr. Kaar and unanimously carried, the Board approves the extension of approval for one year on the Maintenance building project that was memorialized September 16, 2013.

Roll Call (voting members)

Mr. Romano YES

Mr. Benvenuto YES

Mr. Kaar YES

Mr. Goldberg YES

Ms. Murphy YES

Mr. Bobbin YES

Mr. Loughman YES

Mr. Mancuso YES

Mr. Vintschger YES

9 Ayes 0 Nays 0 Abstain

Toyota Dealership temporary parking approval.

Mr. Slate informed the Board and Professionals that a few years ago the Planning Board approved an application for the Toyota Dealership on Ridgedale Avenue for an upgrade to the showroom, service center and some expanded parking. They have been working on the improvements and they are in the final phase finishing these improvements and they have requested to do temporary

parking at the old PNC Bank parking lot. They would like to know if they have to go in front of the Board or could it be handled administratively. The Board and Professionals agreed it can be done administratively with a definite end date no later than December 31, 2018.

With no further business for consideration by the Township of Morris Planning Board, on motion duly made seconded and unanimously carried the meeting was adjourned at 8:33 P.M.

https://www.morristwp.com/AgendaCenter/ViewFile/Minutes/_06042018-898