BURGIS ASSOCIATES, INC.

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BURGIS ASSOCIATES, INC. COMMUNITY PLANNING AND DEVELOPMENT CONSULTANTS PRINCIPALS: Joseph H. Burgis PP, AICP Brigette Bogart PP, AICP Edward Snieckus PP, CLA, ASLA Community Planning Land Development and Design Landscape Architecture Borough of Wharton, Morris County Highlands Plan Conformance Cover Sheet Record of Public Involvement 1. Minutes of August 11, 2009 Borough of Wharton Planning Board meeting 2. Agenda of August 11, 2009 Borough of Wharton Planning Board meeting 3. Public Notice of August 11, 2009 Borough of Wharton Planning Board Meeting. 25 Westwood Avenue 1 Phone (201) 666-1811 Westwood, New Jersey 07675 Fax (201) 666-2599 www.burgis.com jhb@burgis.com

WHARTON PLANNING BOARD REGULAR MEETING August 11, 2009 The Regularly Scheduled Meeting of the Wharton Planning Board was called to order at 7:00 pm with Acting Chairwoman Charlotte Kelly reading the Open Meeting Statement as required by law. ROLL CALL was taken and the following members were present: Mayor William J. Chegwidden, Councilman Vince Binkoski, Ms. Charlotte Kelly, Mr. Rob Geary, Ms. Sandy Hayes, Ms. Nicole DeChiaro and Mr. Mark Harris. Also present were Attorney James McCarthy, Planner Donna Holmqvist, Engineer Kate Kennedy and Secretary Patricia Craven. Excused were Chairman Ken Loury, Mr. Roger Steele, Ms. Jan Manisera, Ms. Nicole Wickenheisser and Engineer Eugene Buczynski. The pledge of allegiance followed. The reading of the bills was next. A Motion was made by Mayor Chegwidden and Seconded by Sandy Hayes to approve the bills. YEA 7 NAY 0 The approval of the Minutes of the June 9, 2009 Planning Board Meeting was next. Acting Chairwoman Kelly noted that there was a typographical error on page 1, paragraph 5, the 3 rd sentence from the end of the paragraph. The word thing should be think. A Motion was made by Mark Harris and Seconded by Rob Geary to approve the minutes as corrected. YEA 4 NAY 0 ABST 3 (Chegwidden, DeChiaro, Hayes) Next was the Resolution for the Escrow refund for Czeslawa Bachryj. A Motion was made by Vince Binkoski and Seconded by Rob Geary to approve the Resolution. YEA 7 NAY 0 First, under New Business was the Engineer s update on CCKK, LLC. Engineer Kate Kennedy, filling in for Engineer George Unverzagt, addressed the Board. She reference the letter from Engineer Unverzagt dated July 30, 2009. She stated that everything that they had asked the applicant to do in their January 2009 letter has been done except for 1 item. In a letter dated July 29, 2009 from CCKK, LLC. the applicant had asked for a waiver for the curbing in front of one of the retaining walls. After reviewing the plans for the retaining wall, Ms. Kennedy stated that Engineer Unverzagt agreed with the applicant and recommended the waiver be granted. She explained to the Board how the curbing would be detrimental to the structural stability of that wall. The meeting was now opened to the public and then closed. A Motion was made by Mayor Chegwidden and Seconded by Vince Binkoski to approve the waiver. YEA 7 NAY 0 1

Next, under New Business was the discussion of the Highlands Master Plan and Conformance. Planner Donna Holmqvist addressed the Board. She stated that the Highlands Council requested as part of the funding (all the Highlands work is funded by the Highlands Council) that we have a public meeting, not a public hearing, so that the Planning Board would be more aware of what the requirements are going to be for conformance to the Highlands Master Plan. She explained that the Housing Plan to the Highlands Master Plan has yet to be done as well as the Borough s decision to go with the Highlands Plan Conformance. They do not have the official COH numbers yet. They have also not finalized the Transfer Rights Program. She stated that the benefit of going with the Highlands Plan Conformance is that you will probably have a lower COH number and probably have more priority for utility hook ups because they would be doing it on a region wide basis. She doesn t know where the communities that don t conform, will be left. The deadline for submitting a COH housing plan is December 8 th. The Highlands wants to see a housing plan in draft form by October. The Highland Council are the ones that decide on what sites are accepted. Donna s concern is the Irondale Road site which has been in the Borough s Housing Plan for both rounds. If they were to be told by the Highlands that they cannot use that site the town would have to make up those units someplace else and it is a lot to make up. There is a lot of information that they haven t been given. Donna stated that she will be attending a workshop at the end of August and hopefully will get more information to help advise and guide the Borough. Mayor Chegwidden stated that this has been the problem all along, they have never had a plan and have piece mealed and changed the rules as they went along. Some discussion followed and Donna stated that they really don t know the whole picture. Hopefully after the August workshops they will be getting more definitive opinions from their consultants about the pros and cons. There is so much up in the air at this time that she cannot advise us whether it is good or bad. She stated that the Highlands Council just wanted a public discussion, the Board does not have to take any action, they just have to show the Highlands Council the public notice and that the members all received the plans. The meeting was open and then closed to the public. Mr. Joseph Bonanno of CCKK, LLC. addressed the Board. He thanked the Board for letting him build in Wharton and appreciates all the help he has received and would like to build more in Wharton. The last item on the agenda was the discussion about creating an Ordinance for the Tenancy Review Committee. Attorney McCarthy gave the Board members a sample ordinance for the Tenancy Review Committee which he went over with the Board. Councilman Binkoski added that Steve Skelly and Chick Moreno are both town employees and advisors to the committee. The reason for the alternates is so that they can have at least 2 Board members present during a Tenancy Review meeting with an applicant. After a brief discussion a Motion was made by Councilman Binkoski and Seconded by Nicole DeChiaro to recommend this Ordinance to the Mayor and Council. YEA 7 NAY 0 2

Ms. DeChiaro asked for more formal reporting back to the Board from the Tenancy Review Committee. Councilman Binkoski stated that they do have a form that Chick Moreno fills out at the meeting of what was discussed and recommended to the applicant. Ms. DeChiaro would like that form to be part of the process. Acting Chairwoman Kelly read the list of communications. A Motion was made by Mayor Chegwidden and Seconded by Rob Geary to adjourn. YEA 7 NAY 0 Meeting adjourned at 8:05 pm. Patricia M. Craven Secretary Ken Loury - Chairman 3