APPROVED 04-13-2017 Regular Mtg

NEW BUSINESS  CASE 1-17 Block 149, Lot 6 APPLICANT: Girl Scouts of Northern NJ – 10 Leddell Road APPLICATION: Minor Site Plan and Use Variance Relief Mr.. James Loeffler stated that he

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 6

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 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 4 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 3 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 6 (the subject lot) is hiking and that almost all of the other activities takes place on lot 7 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 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

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 7 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 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 7 feet and as wide as 9 feet, so overall it will be increased to 12 feet On average it will be 4 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 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 activity-day 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

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 6 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 9 feet in width, and he asked, therefore, if the parking spaces can be narrowed to 9 feet instead 10 feet in width Ms DiGerolamo stated that the parking spaces will be narrowed to 9 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

7 – 9 feet Ms DiGerolamo stated that the existing driveway is in that 7 – 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

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 do 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

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

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

1 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

2 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

3 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

4 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