Meeting Agendas & Minutes

Planning Board Meeting Minutes 03/21/11

Minutes of the Regular Meeting of the Morris Plains Planning Board held on March 21, 2011 at 7:30 P.M. in the Council Chambers, 531 Speedwell Avenue.  The following members were present:           

Present:            Mr. Andre Jensen                                      

                          Mrs. Sydney Leach, Vice Chair    

                          Mr. Ralph Lopez, Chair  

                          Mr. Leo Nichols   

                          Mr. Vincent Novak 

                          Mr. Hank Sawoski  

                          Mr. Donald Underhill

                          Mr. Roman Zabihach

                          Mayor Frank Druetzler   

                          Leon Hall, Borough Engineer

                          William Denzler, Borough Planner

                          Brent Carney, representing the Board Attorney  


The meeting was called to order by Mr. Lopez.  Mr. Lopez made the statement that adequate notice of this meeting has been published and posted in accordance with Chapter 231 of the Public Law of 1975, "Open Public Meetings Act." 


Mr. Lopez opened the meeting to the public to speak on matters other than those on the agenda.  No comments were forthcoming, and this portion of the meeting was closed to the public. 

APPROVAL OF MINUTES Mrs. Leach moved that the minutes of the February 14, 2011 Regular Meeting be approved as revised, seconded by Mr. Underhill. Mrs. Leach requested an amendment to the minutes.  She commented on a memorandum from Mr. Falcon and a design waivers meeting asking that the following sentence be added to the minutes:  “All of the issues regarding design waivers discussed at the January 24, 2011 meeting were agreed to by the applicant’s attorney on behalf of the applicant.”  The sentence would be placed at the end of the first paragraph that begins “Mr. Hall referring to his February 9, 2011 . . .” Cross discussion as to whether this statement is indeed already included as part of the minutes. Mr. Carney recommended specific wording that would cover all the issues involved with the waivers.   Mr. Hall stated that it is his recollection that the Board reviewed all the design waivers; some being granted and others being denied.  It was all discussed and agreed to at the hearing.   Mrs. Leach commented that it was the January meeting where Mr. Falcon has the memorandum referred to previously in these minutes. Mr. Hall stated that all engineering issues of concern to him were discussed with and addressed by the engineer.  They were limited to the driveways and the street slopes.  These were the only two issues discussed. The Board Secretary asked for clarification as to whether there was still a need for an amendment to the February 2011 minutes.   Mrs. Leach withdrew the language she suggested for an amendment. The Board Secretary requested an amendment to the minutes on Page 105, the last page, first paragraph, second sentence.  It reads “when the Purchase Order is paid” and should be changed to read “when the Purchase Order is signed.”      Mrs. Leach moved that the minutes as amended be approved, seconded by Mr. Underhill.

Roll Call Yeas:         Mrs. Leach, Mr. Lopez, Mr. Nichols, Mr. Sawoski, Mr. Underhill, Mayor Druetzler

               Abstain:         Mr. Novak 

               Absent:         Mr. Jensen, Mr. Zabihach   

               Nays:          None

Motion carried. 


Mr. Nichols read the Purchase Orders presented for payment: 

William Denzler & Associates                             PO#85836                 $316.25   For Professional Services rendered to    the Planning Board, February 2011

William Denzler & Associates                             PO#85822                 $287.50   For Professional Services rendered to   the Planning Board, January 2011 

Maraziti, Falcon & Healey                                     PO#85834                 $875.00   For Professional Services rendered to   the Planning Board, February 2011

Roll Call

Yeas:         Mrs. Leach, Mr. Lopez, Mr. Nichols, Mr. Novak, Mr. Sawoski, Mr. Underhill, Mayor Druetzler

Absent:          Mr. Jensen, Mr. Zabihach   

Nays:          None

Motion carried. 

PB-1-11 – JP Morgan Chase Bank, N.A. – 573-599 Speedwell Avenue               Block:  65  Lots:  1,2,3 

Mr. Lopez stated this matter is on tonight’s agenda for completeness.   

Mr. Hall referred to their March 11, 2011 report and provided his review of the checklist, including items that were not submitted such as a completed Application Form, Certification of Tax Collector, the 200’ radius list of property owners from the Tax Assessor, as well as an illegible and inaccurate Key Map.  He continued listing a variety of information that was either not provided, was incomplete or was inaccurate.  He advised he and Mr. Denzler met several times with a representative from Chase Bank to discuss the need for a site triangle easement at the street intersection.    He also commented on waivers and checklist items he believes can be granted/waived by the Board.  He commented on seven (7) site plan design waivers that the applicant did not apply for.  Based on his findings, he recommended that this application be incomplete. 


Referring to their March 17, 2011 Memorandum, Mr. Denzler stated they, too, recommend this application be deemed incomplete for the same reasons listed by Mr. Hall.  They concur that the waivers requested as indicated by Mr. Hall be granted and they noted the same outstanding site plan submission items; he provided a number of what these items are.  He also recommends this application be deemed incomplete.    

 The Board Secretary advised that Mr. Jensen had arrived, but he has recused  himself because he is a Chase stockholder.  He will return to the meeting when the Chase application is concluded. Mr. Jensen arrived 8:40 p.m. Mrs. Leach commented on the matter of structures that are in the surrounding area of the application’s location and wanting to be able to see residential properties within 200’ of the applicant’s site. Mr. Hall will contact the applicant concerning this request. Mr. Nichols moved that this application be deemed incomplete, seconded by Mrs. Leach.

Roll Call

Yeas:         Mrs. Leach, Mr. Lopez, Mr. Nichols, Mr. Novak, Mr. Sawoski, Mr. Underhill, Mayor Druetzler

Absent:          Mr. Zabihach

Recused:       Mr. Jenson   

Nays:          None

Motion carried. 

Mr. Jensen rejoined the meeting.   


Minor Site Plan Committee

No report was presented. 

Master Plan Review Committee

No report was presented. 


Mayor Druetzler asked Mr. Denzler for an update of what is happening with regard to the Borough versus the census. Mr. Denzler replied that the February numbers are the broad overall numbers, not the detail numbers which will not be available until April through June.  Once the numbers are released he will provide a more specific reporting.  The most detailed information will not be released until June, 2011. Mayor Druetzler referred to data from April 2003 and this is what he would most like to have an update on to assess what has happened over the last eight years.  He also referred to various impacts to the Borough Tax Map. Mr. Lopez advised that Mr. Zabihach had arrived at the meeting at 7:50 p.m.    Cross discussion of what was contained in the Master Plan element.   Mr. Denzler commented that the last Master Plan re-examination was done in 2008.  He said the focus of the next review will be the last two to three years.  


Escrow Report

The Board Secretary presented the escrow report advising that ARC did receive the check for $22,246.  This will be reflected in the March report since it was just paid in March.   There being no further business, Mrs. Leach moved the meeting be adjourned, seconded by Mr. Nichols. 

Voice vote.  All in favor.  Motion carried.

Karen M. Coffey                                                                                                Commission Secretary 

Maureen Sullivan