APPROVED 04-13-2017 Regular Mtg

TOWNSHIP OF MENDHAM BOARD OF ADJUSTMENT MINUTES April 13, 2017 REGULAR MEETING CALL TO ORDER Chairman Brusco called the meeting to order at 7:33 pm ADEQUATE NOTICE “ADEQUATE NOTICE of this meeting of the Board of Adjustment of the Township of Mendham was given as required by the Open Public Meetings Act as follows: notice was given to the DAILY RECORD and the OBSERVER TRIBUNE, notice was posted on the bulletin board in Township Hall, and notice was filed with the Township Clerk on January 13, 2017.” ROLL CALL PRESENT: Ms Duarte, Mr McKinnell, Mr Moran, Mr Preston, Mr Zairi, Mr Ciancimino, Chairman Brusco ABSENT: Mr Abraham, Mr Herbes Others present: Mr Sposaro, Mr Michaels, Mr Denisiuk SALUTE TO THE FLAG: Led by Chairman Brusco A motion was made to approve the minutes of the January 12, 2017 Reorganization meeting as submitted, and it was seconded All agreed Motion carried NEW BUSINESS  CASE 1-17 Block 149, Lot APPLICANT: Girl Scouts of Northern NJ – 10 Leddell Road APPLICATION: Minor Site Plan and Use Variance Relief Mr Sposaro stated that proof of service was in order Chairman Brusco reviewed Mr Hansen’s completeness review dated February 16, 2017 and deemed the application complete for purposes of the hearing He also stated that a letter from the New Jersey Conservation Foundation was received requesting that waivers not be granted for Items #35, Environmental Impact Study and #36, Environmental Constraints Map He said a decision would be made on these two request waivers after the case has been presented Mr Joseph Sordillo of McElroy, Deutsch, Mulvaney & Carpenter, LLP entered an appearance as Counsel on behalf of the applicant, Girl Scouts of Northern NJ He began by saying that this is an application for a minor site plan application and use variance relief The property is located THE MINUTES OF THE TOWNSHIP OF MENDHAM BOARD OF ADJUSTMENT REORGANIZATION MEETING HELD ON JUNE 9, 2016 Page at 10 Leddell Road in the R-10 zone district and encompasses approximately 151 acres The applicant is seeking approval to allow the existing Fingarr Lodge to be renovated and reconstructed into a ranger’s lodge in order to house the onsite ranger, his wife and adult child for a period of time The application was originally filed with the Planning Board, but it was determined that this use would create two primary uses on the property, thus requiring a D variance from the Board of Adjustment The intent is to create a safe and secure environment for the camp and its uses Mr Sordillo stated that he will provide testimony from five witnesses The first two witnesses, Ms Bette Garger and Mr James Loeffler, approached the microphone Mr Sposaro swore in both witnesses Ms Garger, President and CEO of the Girl Scouts of Northern NJ, began by saying that she has been a Girl Scout executive for 29 years and member for almost 37 years She has been CEO for Girl Scouts of Northern NJ for ½ years and has been with Girl Scouts of Northern NJ since it was incorporated in 2007 Mr James Loeffler stated that he is the ranger for Camp Jockey Hollow (10 Leddell Road) where the Girl Scouts of NJ is located and has been employed there for ½ years on a full time basis He said that he maintains the properties and buildings and is on call on the weekends for any issues that may arise If the application was approved, he would be the ranger who would reside at this location Ms Garger explained that the Girl Scouts is a multi-purpose site, with log cabins, pool, equestrian center, archery, activity field, and pavilion troop house The site is used in the summer as a day camp, Monday – Friday It can also be used year-round by the local Girl Scout troops on the weekends along with Counsel-led programs for special programs There is no cell service on the site, which is one reason why an onsite ranger is so important The Jockey Hollow site is only open to the public in the Green Acres portion of the camp Also, the Girl Scouts’ use of the property in connection with the application will not change in any way Ms Garger went on to say that many of the volunteers are uncomfortable being onsite without a ranger nearby, and this becomes a safety factor, which is the number one priority of the Girl Scouts There are occasional incidences that need to be dealt with by a ranger Ms Garger went on to say that the Fingarr Lodge has not been used in many, many years since before the Jockey Hollow renovation At one time it was the troop camp site, along with another structure It is currently in very poor condition and not used Mr Loeffler confirmed that he and his family would reside at the renovated structure, should the application be approved He added that his youngest child will be 20 years old and has two older children, who are 24 and 25 years old Mr Loeffler is currently an employee at Jockey Hollow Camp and stated that it would be more advantageous to reside on the site since many issues arise that need to be addressed He stated that he maintains the property and all the buildings on the property, along with repair work, tree work, road maintenance etc Ms Garger discussed some of the past issues that have arisen, whereby Mr Loeffler’s services were much needed She stated that it is very unusual for a Girl Scout property not to have a ranger residence and that the two other camps that are owned by the Girl Scouts of Northern NJ have a Girl Scouts ranger residence Almost every camp in the country has a Girl Scout ranger residence, and she added that the volunteers are requesting that a ranger reside onsite It would add that level of security and comfort for the volunteers and the troops Mr Loeffler confirmed that he would also handle the trash, garbage pickup and recycling Ms Garger confirmed for Chairman Brusco that the only girl scout activity that takes place on Lot (the subject lot) is hiking and that almost all of the other activities takes place on lot by the activity field, equestrian center, archery, swimming, etc She said the reason for choosing this particular structure (which is currently in disrepair) for renovation is because it already exists THE MINUTES OF THE TOWNSHIP OF MENDHAM BOARD OF ADJUSTMENT REORGANIZATION MEETING HELD ON JUNE 9, 2016 Page and would be the most cost effective location for the ranger residence with the least impact on the surrounding area The other building that exists further up the hill in that area is used for day camp equipment storage Ms Duarte inquired about the cell service, which Ms Garger mentioned was not very good Ms Garger stated that there is currently a land line phone on a building in case of an emergency so the ranger could be contacted Mr Preston stated that when the last Girl Scouts application was before the Board, there was talk of a ranger cabin closer to the road Ms Garger confirmed that from what she read (she was not involved with the property at the time), the reason the Girl Scouts have not chosen this location is because of environmental constraints The location of the current structure does not have any impact to these areas, and it already exists Mr Preston expressed his one concern with the location of the Fingarr Hut – the visibility for the ranger to see the road in regards to ingress and egress of the main road Ms Garger stated that this has been discussed with video monitoring equipment as a possibility Mr Loeffler also stated that he currently has an office in what is called the old cabin and that it will remain there Chairman Brusco opened the meeting to the public for questions for the two witnesses Mr Daniel Mernick of 201 Jockey Hollow Road, Bernardsville approached the microphone He inquired whether the witnesses were aware of the resolution in about 2005 with respect to an equivalent building Ms Garger responded that she has read many documents and that she is aware of the one that was referenced that was closer to the road (there was nothing about Fingarr) She did not read anything about what Fingarr would be used for when the variance was allowed in early 2000’s He inquired if she was aware of the deed restrictions and the gift of land from Lloyd Smith to the Girl Scouts and how this would affect the restrictions of no residential use Ms Garger responded that residential use is allowed if it is related to the purpose of the camp, which is the case here Mr Sordillo presented a copy of one of the deeds that was included in the packets to the Board members He referred to the October 30, 1950 deed from Lloyd Smith and Ethel Georgia Smith to the Morris Area Council of Girl Scouts, which speaks of the gift and deed restriction Mr Garger read the language in the deed Ms Jamie Kinsel of the Mendham Township Environmental Commission approached the microphone She inquired about the environmental constraints down by the road and if the applicant is aware of any environmental constraints that will arise if Fingarr is renovated for a single family residential use Mr Sordillo responded that this would be best answered by the applicant’s engineer Mr Joel Barkley of 185 Jockey Hollow Road, Bernardsville approached the microphone He inquired as to how many square feet the new structure would be Mr Sordillo stated that the applicant’s architect will address this Ms Monica Oliver of 200 Jockey Hollow Road, Bernardsville approached the microphone She inquired as to whether other sites were considered Ms Garger responded that other sites were considered and that this was the best site for the ranger residence She also responded that it is her understanding that when the process for locating the residence was being conducted, there was no option available for a residence closer to where the campers are located Ms Garger stated that the applicant’s engineer will further elaborate on this Mr John Diebert of 195 Jockey Hollow Road approached the microphone He inquired as to whether the proposed building would be saleable for a future resident to buy Mr Sordillo stated that all of the deeds to the Girl Scouts have a strict deed restriction that states it must be used THE MINUTES OF THE TOWNSHIP OF MENDHAM BOARD OF ADJUSTMENT REORGANIZATION MEETING HELD ON JUNE 9, 2016 Page as a Girl Scout camp, except for the incidental residential use If the property is no longer used as a camp, or if the Girl Scouts attempt to sell it, the deeds require that the Girl Scouts loose title to it and at which time reverts to the United States of America to be part of the Morristown National Historic Park If the United States declines to accept it, then it becomes vested to the Presbyterian Church in Morristown or any of their sub successors in ownership The Church’s use cannot be determined, but it would be subject to zoning Mr Mahesh Karande of 15 Leddell Road approached the microphone He inquired as to how the proposed residence will affect the volume of Girl Scout activities Chairman Brusco responded that the original resolution from the Board of Adjustment limited the number of campers allowed at any given time over the summer and over the winter It will be subject to its own septic system, and it already has a well The applicant’s engineer will discuss this in his testimony Chairman Brusco explained that the testimony was that there would not be any increase in activities, but that the Girl Scouts were hoping that it might increase the number of participants in those activities Ms Garger confirmed that the Girl Scouts are subject to the number of scouts allowed from the last application Mr George Goward of 212 Jockey Hollow Road, Bernardsville approached the microphone He questioned the need for a ranger since he hasn’t observed too much activity on the site He stated that there are national park rangers up the road and inquired as to whether they could respond to any needs the Girl Scouts may have Ms Garger stated that there is no agreement with the national park rangers and that Mr Loeffler is an employee of the Girl Scouts of Northern NJ The Girl Scouts is its own entity and not related to any other entity in the area Mr Preston clarified that if there are some serious problems, Mendham Township fire, police, and first aid would be the responders and that by having an individual onsite limits the amount of delay; however, there is no relationship between the Girl Scouts and the federal and state government employees Mr Goward inquired as to why the Green Acres signs were removed, which he noticed while hiking through the area He was confronted by a Girl Scout volunteer while hiking and was told that he was not allowed to hike through the property Chairman Brusco stated that this is not relevant to the witness’ testimony Chairman Brusco closed the public portion of the meeting Mr Sordillo called his next witness, the applicant’s engineer, Ms Lisa DiGerolamo To allow for a voir dire by the Board and persons in attendance, Ms DiGerolamo stated her full name Mr Sposaro swore in Ms DiGerolamo as an expert witness to the applicant She stated that she has a Bachelor’s degree in engineering from Stevens Institute of Technology and a Master’s degree in Business Administration from Monclair State University She has been practicing engineering for nearly 30 years and has been licensed in the State of New Jersey for 25 years Ms DiGerolamo is a principle in the firm, Paulus, Sokolowski and Sartor, LLC, Warren, New Jersey and oversees a design team dealing with residential, recreation, commercial, public infrastructure work and has testified before Boards throughout the State of New Jersey Chairman Brusco stated that he accepted Ms DiGerolamo as an expert witness in the capacity of engineer with respect to the application Ms DiGerolamo marked her first exhibit as A-1, Overall Site Plan Aerial with a date of July 8, 2016 with today’s date of April 13, 2017 She stated that from an aerial perspective the property is outlined in red She said the north side of the property is along the right of the exhibit where Tempe Wick Road is located with Leddell Road running along the top of the exhibit She referred to a survey of the property, which was marked A-2 with today’s date April 13, 2017 (part of C03 on the plans submitted) The existing camp is located on the western side, Lot The subject area is located on the western side in the middle of the property She described a number of other features The property is about 151 acres, and she pointed out the subject THE MINUTES OF THE TOWNSHIP OF MENDHAM BOARD OF ADJUSTMENT REORGANIZATION MEETING HELD ON JUNE 9, 2016 Page area It amounts to a little less than an acre and is the Fingarr Lodge footprint, which is located off of the gravel road and continues up to Waifer Lodge (??) Fingarr Lodge is located about 1,000 feet from the main road She referred to C-05, which shows access to Fingarr Lodge from Leddell Road Fingarr Lodge would need to be reconstructed in order to facilitate the ranger’s lodge She went on to say that there are a number of easements, which are all noted, and that the number of each of those easements will be verified with the final survey Ms DiGerolamo stated that the idea was to use the existing infrastructure on the property in order to minimize disturbance and provide for the ranger lodge The existing foundation would be used, and the new building will be approximately 2,100 square feet with two bedrooms The facility will be served by an existing well and a sanitary disposal field along with two composting toilets The disposal field will only be gray water (hand wash, shower, dishwater etc.), and the composting toilets will have an associated black water tank, which will be located outside the building as well to be used for any excess fluid that is created Ms DiGerolamo went on to say that there are three parking spaces outside the building, which will be gravel The access road size was minimized to a proposed 12 feet in width in order to limit disturbed area, and the length of the road is proposed to be 1,000 feet in length There are areas where the access road is as little as feet and as wide as feet, so overall it will be increased to 12 feet On average it will be feet in width wider This also would be continued as a gravel road to maintain the character of the camp There is a portion that does traverse through an existing slope easement, and an amendment to this easement by the Township Committee would be necessary in order to widen the road Also, within the easement, the goal is to minimize disturbance; however, because it is in the slope easement, there is somewhat more of a steeper slope This would be minimized as much as possible, although it will still be in the range of 9% – 12%, which is beyond the 8% allowed in the ordinance This disturbance is for about 150 feet, so it is not extensive and to further minimize disturbance through the area, a low, masonry block wall would be incorporated right through the center of the slope easement Also, a total of seven trees would need to be removed as part of the proposal Ms DiGerolamo stated that she has been in discussion with the Mendham Township Fire Chief regarding how to widen the road and minimize disturbance but yet provide a 12-foot wide driveway The entire surface will be refreshed with gravel surface She stated that this proposed driveway would be able to handle emergency services vehicles (fire truck, ambulance etc.) Another comment that was raised was relative to the width of the driveway at the location of the parking stalls It was raised that twelve feet would be difficult to make the turnaround so this would be adjusted as necessary in the location of the parking with another 12 feet over a distance of 30 feet This widening can be accommodated Ms DiGerolamo went on to say that the disposal field is located in the rear of the building for the gray water system The black water tank will be located in the rear of the facility as well The lodge will have a fuel oil tank, which will be located at the end of the driveway and any access can be achieved by backing up into the parking area Mr Sordillo stated that there is an existing sanitary system located there, which will be closed and sealed in accordance with code Ms DiGerolamo said that the reactivating of the well will require approval from the Board of Health and that the disposal system will require a treatment works approval from NJDEP There is no proposed street lighting except for a porch light on the house as is on any type of residence There are also existing poles that come in across the site, and there is an existing pole just off the building for electric and telephone connection Mr Sordillo referred to a letter from the New Jersey Conservation Foundation dated April 12, 2017 which sites the applicant’s request for a waiver from the Environmental Impact Study and Environmental Constraints Map NJ Conservation Foundation urges the Board of Adjustment to deny the requested waiver of these requirements Ms DiGerolamo stated that the previous THE MINUTES OF THE TOWNSHIP OF MENDHAM BOARD OF ADJUSTMENT REORGANIZATION MEETING HELD ON JUNE 9, 2016 Page development was more involved and many of the slope areas, wetlands, buffer areas were identified during that time The Passaic River is a C-1 water body, and there is a portion of the driveway which will lie within the outlying areas of that buffer; therefore, a DEP permit will be required for a short piece of the refreshing of the gravel on the access road She confirmed that nothing much has changed in connection with the prior reports to the Board in the previous application Ms DiGerolamo stated that Fingarr Lodge was previously proposed to be renovated as an environmental center, so it was anticipated to have a number of scouts in it on an activityday basis The amount of water usage, sewer usage for the ranger is very much the same as it was for the use as an environmental center The road would have had to have been maintained in order for Fingarr to be used as an environmental center also and that the only difference is in the use of the lodge, with the new building remaining in the same footprint Ms DiGerolamo confirmed that she did review the various reports from the Township Engineer and Planner along with the Committee member comments and confirmed that the applicant will comply with these comments However, there will be a need for some further discussion with the Fire Official, Mr Sal Marino, who has some concerns on his comment sheet about the gravel However, based upon the width and stone surface being proposed, the road would be able to handle emergency service vehicles Also, if the application is approved by the Board, and the Township Committee agrees to amend the bulk easement, a copy will be provided to the Environmental Commission The applicant will also visit the site with the Tree Committee before removing any of the proposed trees Mr Sordillo referred to the Board’s engineering report dated March 17 2017 and stated that the applicant will comply with all the items on the report A waiver would be requested to continue the gravel roadway through the area where the sloping extends beyond the 8% (whereby the sloping will be between 9% and 12%) This would keep in character with the camp by not introducing pavement and would be for a very short distance Mr Sordillo referred to the Township Planner’s report dated March 28, 2017, and this report will be addressed mostly from the applicant’s Planner expert The Township Planner mentioned two comments with regards to the parking area The applicant will increase the 12-foot backup space behind the three proposed parking spaces to the recommended 24 feet With regards to the second comment in his report (Item #5 – widening the driveway at the midpoint of the driveway in order to accommodate passing vehicles), Ms Di Gerolamo expressed her concerns that the Girl Scouts have with any further disturbance She opined that the key points of the application is to minimize the amount of the disturbance by having adequate area to drive but not exceeding that, especially through the access road The goal is to keep it narrow and to save as many trees as possible but yet provide adequate access way She confirmed that the proposed use of the driveway will be for Girl Scout use only for access to the ranger lodge and to the storage lodge and would not be a public road Ms DiGerolamo confirmed that the applicant is requesting a use (d) variance but no bulk variances For the record, Chairman Brusco stated that the steep slope would be a waiver and not a variance Mr Zairi inquired as to how this application would affect the neighboring residences, and Ms DiGerolamo responded that she really didn’t see any negative impact on the neighboring homes since there was an existing building there previously, which is in poor condition She opined that the proposed structure would be an improvement aesthetically with not much change in size Mr McKinnell inquired about the pad underneath the fuel tank Ms DiGerolamo stated that the tanks are typically doubled-walled and inspected regularly so a curb around the concrete pad area was not proposed Mr Sordillo stated that this could be considered THE MINUTES OF THE TOWNSHIP OF MENDHAM BOARD OF ADJUSTMENT REORGANIZATION MEETING HELD ON JUNE 9, 2016 Page Mr Preston raised the issue of seven trees that would be taken down as part of the application proposal and inquired if these trees would be replaced elsewhere on the property Ms DiGerolamo stated that the Environment Commission indicated that this would be a requirement He also inquired whether the footings and foundation will remain or if they will be replaced Ms DiGerolamo said that the architect will address this in his testimony Mr McKinnell asked whether there will be improvements done on the road beyond the lodge Ms DiGerolamo said that no improvements would be done beyond the access road Mr Sposaro stated that to the south of the improvements to the road is an environmentally sensitive area – wetlands, portions of the Passaic River He inquired if the site improvements increase the rate or volume of stormwater runoff to those environmentally sensitive areas Ms DiGerolamo responded that the amount of additional impervious surface is about 800 square feet, which is mostly the deck associated with the structure itself It would have no appreciable effect, and it complies with the stormwater regulations Mr Denisiuk stated that he noticed there was a gate at the entrance with a chain and lock and inquired as to whether the lock will continue to be used by the ranger This related to emergency vehicle access Mr Loeffler responded that currently he keeps everything locked since he is not onsite; however, if he should live there, this will be removed Mr Denisiuk also stated that it seems that the applicant’s engineer has agreed to revise the plans in order to comply with all the comments in Mr Hansen’s report He would defer to the fire official on the waiver for the 8% gravel driveway Mr Michaels referred to comment number on his report dated March 28, 2017 It was noted that the parking spaces are 10 feet wide RSIS has a standard parking space of feet in width, and he asked, therefore, if the parking spaces can be narrowed to feet instead 10 feet in width Ms DiGerolamo stated that the parking spaces will be narrowed to feet in width Chairman Brusco opened the meeting to the public Mr Joel Barkley of 185 Jockey Hollow Road approached the microphone He inquired as to the criteria for doing a 12-foot driveway since many driveways along Jockey Hollow and Leddell are – feet Ms DiGerolamo stated that the existing driveway is in that – 9-foot range; however, in the initial discussions with the fire chief, he requested a wider driveway in order to accommodate the emergency services vehicles Mr Daniel Mernick approached the microphone and inquired about the effect of stormwater runoff Ms DiGerolamo responded that because the existing infrastructure is being used, there is no appreciable impact to stormwater management In accordance with the state regulations, there will not be more than one acre of area disturbed nor a quarter of an acre of impervious surface introduced The proposal is improvements to the access road to Fingarr Lodge only Chairman Brusco closed the public portion of the meeting Mr Sordillo called his next witness, Mr James Cutillo, architect for the applicant To allow for a voir dire by the Board and persons in attendance, Mr Cutillo stated his full name Mr Sposaro swore in Mr Cutillo as an expert witness to the applicant He stated that he has a Bachelor’s of Architecture degree from NJIT and received his license in the State of New Jersey in 1986 and in New York State in 1990 He has had his own personal practice since 1986 in Pompton Plains, New Jersey, and he has testified in many towns throughout New Jersey and lower New York Chairman Brusco stated that he accepted Mr Cutillo as an expert witness in the capacity of architect with respect to the application THE MINUTES OF THE TOWNSHIP OF MENDHAM BOARD OF ADJUSTMENT REORGANIZATION MEETING HELD ON JUNE 9, 2016 Page Mr Cutillo began by saying that his drawings are the exact same drawings that the Board members have in their application package and dated from 2011 but the latest revised in January, 2016 The first drawing shows the four elevations of the proposed structure, and the second drawing shows the floor plan Mr Cutillo began with the second drawing and said that the footprint of the residence, as is depicted, is the same size as the current structure at this location There is an entry way with a covered portion, which enters into a large open room area (family room) with a kitchen to the left and a bedroom on the left hand side with a bathroom On the opposite side of the house, there is a master bedroom suite with a closet and a bathroom There is also a laundry area and a utility room far to the left hand side, which is in the same location as the existing utility room Presently, there is a wood structure there on a foundation consisting of two separate parts – the main body of the structure has a full foundation under it and to the right underneath the master bedroom area, the structure is built on concrete piers so it is more of an open structure The proposal is to demolish the wood section of the existing building The foundation will need to be repaired with most of it remaining intact It will be elevated up slightly in order to help with the grading in the front since the access road is a little higher So when the floor level is elevated, it will help with the grading and minimize the disturbance on the outside The foundation area to the right is in rather poor condition and will be analyzed when the wood structure is removed to determine how much of it can be saved There is also a proposed covered deck in the back and will be 12 feet out from the house and on posts It has no full size foundation below it There is a stairway proposed leading up to an open loft area, which is open to the family room below This is not a bedroom but just additional living space Mr Cutillo continued his testimony by describing the architecture on the outside of the proposed house The proposed structure will have a log cabin-style siding and designed in an energy efficient manner It will meet all the required codes and will be a story and a half (current building is one story) because of the loft area The total height is 27 feet 11 inches from the grade at the front by the parking area to the peak – well within the Township’s building height requirement There is access off the deck and access to the mechanical room From the front of the house, the parking area is to the right and the grade then goes down somewhat in the back This is significant in terms of the oil tank, black water tank and access to the pumping of the septic system There will be somewhat of a slope from that area up to the parking area so it would minimize any vehicles or equipment to run into these tanks or damage to them All of the tanks are double-wall tanks He confirmed that the structure will not only be constructed in a residential manner but also as a park-like building Mr Cutillo detailed the construction materials used on the structure He confirmed that there are no post lights and no commercial lighting proposed Any lighting will be on the building with some proposed security lighting and perhaps some motion detectors All of the lights will be LED so they will not be high glare Mr McKinnell inquired as to whether there is an existing oil tank on the property, and if so, whether it is below ground and has been tested Mr Cutillo did not know the answer to this question Mr Sordillo stated that the applicant is not aware of an oil tank; however, if there is a tank on the site, it will be removed and sealed as required by law Mr Sposaro stated that the structure will be over 300 feet from the closest public road He inquired if there was vegetation between the proposed structure and the public road Mr Cutillo responded that the site is heavily wooded and that there are no trees proposed to be removed between the building and the roadway There is one large tree proposed to be removed in the septic area and also a few trees along the roadway further down; however, he does not know whether this would have any impact on what is visible from the road If anything was seen, it would be a house Mr Preston stated that the existing structure can be seen currently at this THE MINUTES OF THE TOWNSHIP OF MENDHAM BOARD OF ADJUSTMENT REORGANIZATION MEETING HELD ON JUNE 9, 2016 Page time of year as one can see the Girl Scout Camp from Jockey Hollow entrance at this time of year However, as the trees fill out in the spring, it can no longer be visible Mr Cutillo stated that the square footage of the first floor is identical to what is currently there, which is a little over 1,600 square feet The only addition is the loft area and deck in the back, which he confirmed is within the existing footprint Ms DeGerolamo addressed Mr Sposaro’s inquiry as to the nearest residential homes to the subject site She stated that the property to the south is probably the closest; however, it is fairly heavily wooded between that and the subject property There are also three residences on the opposite side of the road, which is further away The property to the south is about 600 feet away from the Fingarr Lodge Mr Preston inquired about the high crawl space and whether there is a staircase going down into the lower level Mr Cutillo responded that there is no staircase leading to the lower level There is a closet on the right hand side upon entering the front door of the building, so if there was going to be a stairway leading downstairs, this is where it would need to be located The only access to the basement is from the outside Chairman Brusco asked the residents in the audience by a show of hands how many can see the existing lodge from their house and how many can see it from their property Chairman Brusco opened the meeting to the public Mr Joel Barkley of 185 Jockey Hollow Road approached the microphone He stated that he is also an architect and inquired about the loft Mr Cutillo stated that the loft is 525 square feet and is directly over the kitchen, bath and bedroom #2 There is one stairway that leads up to it and that it overlooks the family room He does not know how the loft will be used internally Ms Monica Oliver of 200 Jockey Hollow Road approached the microphone She inquired as to whether there would be more testimony regarding the siting of this location versus another location Chairman Brusco stated that this is a question for the Planner who has not yet testified Mr Joel Barkley of 185 Jockey Hollow Road approached the microphone He inquired as to why Mr Cutillo designed the large loft on the second floor Mr Cutillo responded that this was part of the program The applicant wanted more living space within the dwelling Ms DeGerolamo addressed the septic system in relationship to the amount of bedrooms in the dwelling She said that the amount of flow estimated for the sewage discharge is based on number of bedrooms and that the septic is based upon a two-bedroom home Mr Preston stated that he would therefore consider the loft as a family room/library space and not a sleeping space He also stated that he would like to see this as a condition in the resolution Mr Sordillo stated that the applicant would not have any objection to this condition of approval Mr Cutillo added that there are no walls or doorways designed to this loft area Ms Garger added that the loft area was intended to be used as an office or additional space for the current caretaker’s wife Mr Sposaro inquired as to how the size of the living space of the new dwelling, which will be approximately 2,200 square feet, compares to the size of the homes in the area Mr Cutillo responded that he did not analyze homes in the area, but would be inclined to think that this dwelling is much smaller than many homes throughout the area THE MINUTES OF THE TOWNSHIP OF MENDHAM BOARD OF ADJUSTMENT REORGANIZATION MEETING HELD ON JUNE 9, 2016 Page 10 Mr Phillip Kennedy-Grant of 38 Highview Avenue, Bernardsville approached the microphone He asked that Mr Cutillo describe the siding of the structure again Mr Cutillo stated that it is horizontal treated pine siding, two inches thick, has a curvature to the outside of it and is tongue and groove This is also very similar to the other cabins on the site Chairman Brusco closed the public portion of the meeting Mr Sordillo called his last witness, the Planner for the applicant To allow for a voir dire by the Board and persons in attendance, Ms Jennifer Gorini stated her full name Mr Sposaro swore in Ms Gorini as an expert witness to the applicant Ms Gorini stated that she has a Bachelor of Science degree from the University of Rhode Island in Environmental Policy and Management with a Master’s Degree from Rutgers University in City and Regional Planning She went on to say that she has been a member of the American Institute of Certified Planners since 2013 and is employed by PS&S She has testified before the city of Atlantic City Chairman Brusco accepted Ms Gorini’s qualifications Ms Gorini began by presenting the positive criteria and stated that this project advances four purposes of zoning as listed in the MLUL at 40:55B2 Project encourages municipal action to guide appropriate use or development in a manner which will promote public, health, safety, morals and general welfare She said that the intent of the ranger’s lodge is to allow an employee of the Girl Scout to reside onsite to respond quickly to the needs of the camp at any time This advances the MLUL criteria Project advances the purpose of zoning in that it helps secure safety from fire, flood, panic and other manmade disasters The purpose of the ranger’s lodge is to have a Girl Scout employee onsite at the camp at all times to respond quickly in the event of emergencies as stated above Project provides sufficient space and appropriate locations for variety of agricultural, residential, recreational, commercial and industrial uses and open space, both public and private according to their respective environmental requirements in order to meet the needs of all New Jersey citizens The location of the residential ranger’s lodge on the recreational camp is appropriate for a ranger who will support and benefit the operations and maintenance of the camp and more importantly the safety and security of the campers and the staff of the camp The use of a footprint of the existing ruinous structure on the site will maintain the open and undeveloped space on the site and reduce the environmental impact as compared to developing the cabin on a previously undeveloped location on the same site The major benefit to using this specific location is that it will take advantage of an existing structure and existing footprint, which includes an existing well and an existing septic system This will have a reduced environmental impact Project promotes the conservation of historic sites and districts, open space, energy resources, and valuable natural resources in the state, and it prevents urban sprawl and degradation of the environment through improper use of the land As an onsite steward and caretaker, the ranger supports the conservation of open space, natural resources and a use of the site that has been in place since 1933 The ranger’s lodge itself will reduce the degradation of the environment by using the footprint of an existing ruinous structure Ms Gorini continued by addressing the negative criteria THE MINUTES OF THE TOWNSHIP OF MENDHAM BOARD OF ADJUSTMENT REORGANIZATION MEETING HELD ON JUNE 9, 2016 Page 11 The use variance as described can be granted without detriment to the public good and without damaging the character of the surrounding properties and the neighborhood The property surrounding the lots owned by the Girl Scouts are a combination of low density, single family residences and the Morristown National Historical Park Access to the ranger’s lodge will be from Leddell Road, which is bordered by low density single family homes that are set back from the roadway The addition of this one single family residence to the 160-acre property is in character with the surrounding properties and the neighborhood Also, the removal of the existing ruinous structure will help to enhance the character of the site She opined that this proposed residence is an improvement over the current structure By using the footprint of the existing structure, the need for vegetative clearing will be reduced, which will help shield the view of the lodge from the road and the neighbors Ms Gorini stated that a site visit was conducted while there were no leaves on the trees, and it was determined that the road can be seen from this structure along with some of the neighbors; however, due to topography and vegetation, it is limited, and she opined that this is still an improvement over what is currently there The onsite ranger’s lodge will help to enhance the public good by promoting health, safety, and general welfare of the campers and the staff The added level of security and stewardship on the property will have a benefit for the surrounding properties and the neighborhood Also, a D variance can be granted without substantial impairment to the zoning plan and to the zoning ordinance The requested variance is specifically for two primary uses on the site, which is not permitted under the Mendham Township ordinance The existing use as a camp, which was granted a D variance in 2003, has been used as such since 1933 The proposed additional primary use on this site of a single family residence will provide safety and security specifically for the campers and the staff, and the ranger will also repair and maintain the camp facilities While the residence was determined to be a second primary use, it will be functionally a part of the use of the site as a camp The zoning ordinance states that in the R-10 zone, a single detached house used as a residence by not more than one family with a minimum floor area not less than 800 square feet is a permitted use in the R-10 district So, on its own, this dwelling is a permitted use in this district and for this reason, the addition of this use to this property will not impair the zoning ordinance Ms Gorini stated that she also reviewed the Master Plan and that the granting of the D variance would not substantially impair the Master Plan The use of a ranger’s lodge on this site will support of the recommended land use objectives as identified in the Land Use Plan and the Master Plan The first land use objective is to maintain overall very low densities The addition of the residence to this 103-acre wooded open space site will maintain very low densities The third land use objective in the plan is to minimize forest clearing, impervious surfaces, and stormwater runoff in order to minimize the impact of development on the hydrologic cycle The ranger’s lodge will utilize the existing footprint of the ruinous structure, and by using this existing footprint, the location of the ranger’s lodge will minimize forest clearing, new impervious surfaces and stormwater runoff as compared to developing the lodge on a previously undeveloped part of the property THE MINUTES OF THE TOWNSHIP OF MENDHAM BOARD OF ADJUSTMENT REORGANIZATION MEETING HELD ON JUNE 9, 2016 Page 12 The fifth land use objective identified in the plan is to encourage flexible zoning and development techniques to encourage future development and land conservation that are consistent with the Township’s traditional, historic and rural character The site has been used as a camp since 1933, so by allowing for an onsite steward and caretaker on the site, the ranger’s lodge will promote the conservation of the rural open space and traditional use of the site The Master Plan identifies the properties owned by the Girl Scouts of Northern New Jersey as protected, private and institutional open space, and the Recreation Plan in the Master Plan identifies major factors that affect the recreational facilities in Mendham Township One of the major factors is the increased concern for security Specifically, the recreation plan states that increased development in the Township has created a perception among many parents that organized sporting activities with adult supervision is more necessary than in the past The ranger’s lodge will enable enhanced around-the-clock supervision and security for the organized events and activities that will occur on this camp Ms Gorini confirmed for Mr Sordillo that by using an existing footprint of an existing structure that also has a well and septic system associated with it will have reduced environmental impact as compared to using a previously undeveloped part of the site She also confirmed that the lodging of the ranger in this type of residence would be incidental to the camp, especially in conjunction with the testimony provided by the Girl Scouts and the ranger Mr Michaels stated that Ms Gorini has addressed all the issues in his review dated March 28, 2017 Chairman Brusco opened the meeting to the public Ms Jamie Kinsel from the Environmental Commission approached the microphone She said that she did not hear any testimony regarding the slope easement and its restrictions Mr Sordillo responded that the engineer did testify and identified the area of the driveway that goes through one of the slope easements that was granted to the Township in connection with the original approval in early 2000’s It is specifically slope easement number 11, and any approval from the Board would require a condition upon the Township Committee agreeing to amend that easement to allow for a revision to the metes and bounds description of that easement in order to provide for the widening of the driveway This would simply be a modification to the easement with all the restrictions remaining in place Ms Kinsel continued to voice her concerns about the easement and the effects of widening the driveway and that from the standpoint of the Environmental Commission she would like to be ensured that when these provisions were set in place on the original approval in early 2000’s that the widening of the driveway does not exasperate any detriment to the environment Mr Sordillo responded that the applicant has been extremely sensitive to this issue (and fully engineered) in trying to avoid effecting this easement area; however, unfortunately, there was no other way to accommodate the fire chief’s concerns without widening the subject area Ms Maureen Diebert of 195 Jockey Hollow Road, Bernardsville approached the microphone She said she has lived at this address since 1978 and that a lot of testimony has been heard regarding the necessity for security on the property She inquired as to what provisions have been made when the ranger would not be working on the property, which she calculated to be 104 days a year Chairman Brusco stated that Mr Loeffler testified that he is on call days a week Ms Garger clarified that if he did become unavailable, there are two other camps with two other rangers who would cover for him Mr Joel Barkley of 185 Jockey Hollow Road approached the microphone He inquired whether the Girl Scouts would be able to subdivide the property and sell it off with the house on it Chairman Brusco stated that this is not a question for the Planner THE MINUTES OF THE TOWNSHIP OF MENDHAM BOARD OF ADJUSTMENT REORGANIZATION MEETING HELD ON JUNE 9, 2016 Page 13 Mr Daniel Mernick of 201 Jockey Hollow Road approached the microphone He asked that the Planner clarify the justification for granting a D variance for this application Mr Gorini responded that the justification relates to the site being particularly suited for this project and that this residence is incidental and will completely support the use of the camp She went on to say that this was sited in her testimony regarding the positive criteria Mr George Goward from 212 Jockey Hollow Road approached the microphone He referred to Mr Mernick’s concerns regarding the justification for having a ranger on the site and said that Ms Gorini stated a list of reasons for justifying having a ranger onsite – medical emergencies, illegal activities, fire etc Mr Goward went on to say that many of these reasons could be handled by Mendham Township with plenty of coverage by the town He opined that the camp is used much less today and that the need for security at the camp has declined over the years and questioned the need for a full time ranger onsite Ms Gorini responded that the ranger’s lodge was originally proposed as part of the original application, and it was recommended at the time for certain reasons that the ranger’s lodge not be developed The camp since then has been expanded without the ranger’s lodge, which has strengthened the need for safety and security of an onsite ranger Ms Monica Oliver of 200 Jockey Hollow Road approached the microphone She stated that since safety is the primary concern that perhaps the ranger should be located closer to where the Girl Scouts are located She inquired as to whether the current well and septic systems could be used if the ranger’s lodge was at a different location closer to the scouts’ cabins than what is proposed Ms Gorini responded that this could not be done Mr Sordillo added that there is no existing area like Fingarr Lodge that can be utilized for this purpose and that in any other area there would be a large disturbance of trees in a natural area, which would create more of an environmental impact (which the applicant is trying to avoid) Also, there are other environmental sensitive areas where it would be impossible because of steep slopes and wetlands The Girl Scouts did want to keep the ranger’s lodge as close as possible; however, because of the aforementioned reasons, it was not possible Chairman Brusco closed the public portion of the meeting Mr Preston stated that it seems that the major concern for the Environmental Commission is that the road needs to be widened in a steep slope area The reason for this is because the Girl Scouts must comply with the Fire Chief’s requirements He opined that a ranger is necessary to the site and concedes to the logic of putting the lodge at the proposed location because of the least amount of environmental impact He also opined that security cameras would be helpful too Mr Sordillo stated that he had no further witnesses He went on to say that before the hearing he had met with Ms Sally Rubin of the Great Swamp Water Shed to discuss the application She did not object to the application proposal but asked Mr Sordillo to relay her comments, which included an effort by the applicant to reduce the number of trees being removed in connection with application She requested whether it was possible to move the disposal field, which is not feasible, and to avoid widening the driveway (while not threatening safety) because of environmental issues It was determined through all the testimony that this was also not feasible because of safety purposes Chairman Brusco opened the meeting to the public Ms Janet Mernick of 201 Jockey Hollow Road approached the microphone She wished to know what the Girl Scouts experienced that the neighbors should know about regarding safety THE MINUTES OF THE TOWNSHIP OF MENDHAM BOARD OF ADJUSTMENT REORGANIZATION MEETING HELD ON JUNE 9, 2016 Page 14 and security issues Ms Garger responded that the camp is responsible for the well-being of girls as young as years old and the volunteers who are their troop leaders It offers a comfort level and sense of security and that it is a normal practice at all Girl Scout and Boy Scout camps to have a ranger on site for emergencies and issues such illegal dumping, trespassing etc Mr Sordillo added that the Girl Scouts are not in the comfort of their home but at a camping facility away from their home so having the additional security would be beneficial Mr Preston asked if this would affect the Girl Scout’s insurance positively or negatively, and Ms Garger responded that there has been no discussion as of yet with their broker; however, she opined it would probably be helpful Mr Joel Barkley of 185 Jockey Hollow Road approached the microphone He opined that the proposed dwelling does not look like a ranger’s lodge but a fairly generous suburban home Mr Barkly went on to opine that by suburbanizing the camp, it is a step in the wrong direction and spoiling a beautiful area Mr David Mernick of 201 Jockey Hollow Road approached the microphone He stated that one of the beauties of the area is the natural and open space along with the Jockey Hollow National Park, which was contributed to the United States primarily by Lloyd Smith who also donated some of the land to the Girl Scouts for the use of camping in a rustic and natural state He went on to say that in regards to security, it was pointed out in the original application in early 2000’s that the camp itself is surrounded by the national park, which has rangers on site The police and fire department of Mendham Township and other surrounding towns are very close, and there are now in this day in age very good electronic means for immediate response purposes He further discussed his concerns and opined that there has been no testimony stating that the lodge is needed and opined that there is a negative impact by building the lodge Mr Phillip Kennedy-Grant of 38 Highview Avenue, Bernardsville approached the microphone He stated that he is an architect and that what is missing from the application is not necessary intent, but execution He agrees with Mr Barkley that this is more of a suburban-styled structure rather than a rustic-styled building It would have been helpful had the national park manuals from the 1930’s been used as a guide since it shows fantastic examples for this particular type of use He asked that the details of the building be carefully considered, which he listed and said that he is unconvinced that adequate effort has been made to determine if there is another site He opined that this was a missed opportunity to be more convincing Chairman Brusco closed the public portion of the meeting Mr Sordillo opined that the testimony provided was very straightforward and evident and that the Planner provided a very good summary of the requirements for the granting of the D variance He requested that the Board look upon the application favorably Mr Sposaro commented on the deed restriction Not only does this use appear to be consistent with the deed restriction and not in violation of the deed restriction but that in 1950, this type of use was specifically contemplated, whereby the language about a residence being incidental is mentioned He opined that rangers’ residences on a property such as this are nothing new and that this was contemplated when the deed restriction was put in place Chairman Brusco asked Mr Sposaro to explain the waiver required in regards to the application Mr Sposaro stated that two waivers are required Mr Denisiuk stated that the ordinance requires any driveways above 8% grade be paved (the disturbance is 11.9%), and the request for the driveway is to remain gravel Therefore, a waiver would be required not to pave that portion of the driveway The other waiver is for the steep slopes THE MINUTES OF THE TOWNSHIP OF MENDHAM BOARD OF ADJUSTMENT REORGANIZATION MEETING HELD ON JUNE 9, 2016 Page 15 Chairman Brusco opened the discussion to the Board members for deliberation Mr Preston stated that he would like to see some conditions in regards to the design of the building since it includes a loft on the second story He went on to say that he was in favor of seeing the ranger’s house built back in the early 2000’s and opined that it is necessary to the camp Chairman Brusco commented that between the last time the variance was granted by the Board and our current world today that times have certainly changed He opined that young people are more vulnerable than they were in the past Mr Preston continued to opine that it is important and reassuring to the parents of the girls that there is a presence of a caretaker on site Mr Zairi stated that as heard in the testimony, it is not unusual for a ranger to be on site He opined that the girls and counselors would have a sense of safety and security with a ranger on the site Also, from an environmental standpoint, there is little impact as was heard in the testimony Ms Duarte stated that she felt she did not hear enough testimony about the reason for any fear that the scouts and counselors may experience on the site other than the tree falling in the road and an occasional trespasser Also, she questioned the scale of the structure and second story loft of the new building design even though this new structure would be a great improvement over the ruinous structure that is currently there Chairman Brusco opined that the loft would probably be used more for storage since there is no other place in the house for this purpose Mr Moran opined that after hearing all the testimony, he really does not see anything negative about the application and believes a new ranger lodge is not only good for the camp but also for the surrounding area Mr Ciancimino stated that it would be a benefit to have a ranger on site since the ranger would no longer be 30 minutes away anymore He said this is the Girl Scouts property, and they have done their due diligence in justifying the new building Mr Ciancimino does understand the neighbors’ concerns in terms of the design of the structure; however, in general, he stated that he supports the application Mr McKinnell stated that he agrees with Mr Preston regarding the second floor loft; however, he likes the idea of the log cabin-style wood on the outside He opined that the new building will be a lot safer for everybody since the current structure is ruinous and dangerous He went on to say that the applicant stated that they would abide by the lighting ordinance regulations and opined that white or light colored trim on the house would not be appropriate Chairman Brusco stated that he concurs with what is being proposed and stated that he has no objection to the loft He referred to the letter dated April 12, 2017 from the New Jersey Conservation Foundation and that based upon the testimony heard, Mr Hansen had no objection to granting a waiver for the requirement to submit an Environmental Impact Study or an Environmental Constraints Map given the scope of the application Mr Sposaro clarified that Mr Hansen initially waived this for completeness purposes only and therefore, the Board would then need to determine if it should be waived in its totality This should be part of the motion THE MINUTES OF THE TOWNSHIP OF MENDHAM BOARD OF ADJUSTMENT REORGANIZATION MEETING HELD ON JUNE 9, 2016 Page 16 Chairman Brusco entertained a motion on the application Mr Moran made a motion to approve the application with the various waivers stipulated and the D variance Mr Zairi seconded the motion Mr Preston inquired if this 2nd story loft would be included as a non-sleeping area, and Mr Sposaro stated that the applicant has already stipulated that this would not be a sleeping area Mr Moran amended his motion to include this, and Mr Zairi amended his second motion to include this also Upon roll call: AYES: Ms Duarte, Mr McKinnell, Mr Moran, Mr Preston, Mr Zairi, Mr Ciancimino, Chairman Brusco Motion carried OLD BUSINESS CASE 2-16 BLOCK 117, LOT 55: 17 Calais Road APPLICANT: Sal & Jennifer Lombardo APPLICATION: Additional Extension to Ordinance 12-2009 Chairman Brusco referred to the progress report from the Lombardo’s on their new single family dwelling, which was submitted in March, 2017 After some discussion between the Board members, it was decided that the Lombardo’s should attend the May 11, 2017 meeting to discuss the project’s timetable with the Board DECISIONS – 2016 Chairman Brusco stated that copies were given to the Board members of the Decisions, 2016 (there were four) SUCH MATTERS AS MAY RIGHTFULLY COME BEFORE THE BOARD Chairman Brusco stated that the Board of Adjustment annual report must be sent to the Planning Board and asked Mr Sposaro to update the report for 2017 Several of the annual report items from 2016 were reviewed by Mr Bob Michaels, the Planner Mr Michaels’ report on these items is pending before the Planning Board at its next meeting Some of the other items on the report are before the Township Committee CASES PENDING Chairman Brusco stated that there are a couple of cases on the horizon - one application is being reviewed by Mr Hansen (a pool) and the other has not been submitted yet The meeting was duly adjourned at 10:28 pm Respectfully submitted, Beth Foley, Board Secretary THE MINUTES OF THE TOWNSHIP OF MENDHAM BOARD OF ADJUSTMENT REORGANIZATION MEETING HELD ON JUNE 9, 2016 Page 17 ... and buildings and is on call on the weekends for any issues that may arise If the application was approved, he would be the ranger who would reside at this location Ms Garger explained that the... confirmed that he and his family would reside at the renovated structure, should the application be approved He added that his youngest child will be 20 years old and has two older children, who are... proposed, the road would be able to handle emergency service vehicles Also, if the application is approved by the Board, and the Township Committee agrees to amend the bulk easement, a copy will