Planning Board 7-8-10 minutes Print E-mail


7:30 PM Start

195 Changebridge Road, Montville Municipal Building

Minutes of July 8, 2010

No New Business to be Conducted Past 10: 00PM


Mr. Maggio - present                Mr. Karkowsky – present        

Mr. Sandham – present           Ms. Nielson - present              

Mr. Lipari    - present               Mr. Lewis - present

Mr. Hines – absent                 Mr. Canning – present

Mr. Visco     - present               Mr. Speciale (alt#1) - absent

                                                    Mr. Tobias (alt) - present






Discussion re:  Planning Board secretary

Mr. Lipari indicated he would like to see Mrs. White continue as the Planning Board secretary from 9/1/ thru 12/31/10_45" value="" /> to ensure there is a plan in place that provides for continuity within the planning process.  Concerns were raised over the major issues we are involved in as well as the need to make sure there is a transition in place that addresses the processes and issues pending.  General discussion ensued on the concerns of lack of continuity at both boards and how important these processes are to the government, and that this continuity would allow those issues to be addressed.   

Jim Sandham indicated no problem with Mrs. White working in a transition period if warranted noting thou that he spoke with Mr. Bastone who voiced concerns that the Land Use Administrator has a provision that this entity must serve as the secretary to the Planning Board/Board of Adjustment. 

The Motion was clarified to indicate that Mrs. White would be appointed as secretary until another is found.  Mr. Carroll was asked for input on the Planning Board as to legality of board’s action.  Mr. Karkowsky indicated he had discussed this and was advised the Planning Board can do this.  Michael Carroll:  the law says the Planning Board can hire their own secretary and the Township is not involved in approval of personnel but they do have to deal with funding of the position. 

Vic Canning’s indicated that this interim appointment would address transition issues on an interim basis until issues are addressed. 

Jim Sandham:  What do we do in August?  Mr. Karkowsky indicated it is only one meeting in August and we could ask Ms. Grogaard to serve that night.

Gary Lewis:  before vote of members, he indicated he did not want to sound parochial, but that Mrs. White’s retirement is not a routine retirement transition type of situation given where we are in the planning/land use process.  Right now we are dead set in middle of comprehensive master plan, and there is a history that Mrs. White retains which would be unavailable to us as a resource.  It is his intention to finalize this master plan in the fall.  Out of loyalty to board, extraordinary measures are needed.

John Visco:  wanted assurances that she would also be at all of the master plan/subcommittee meetings and have these functions.   

Deb Nielson: Noted there are certain ways for funding it, perhaps escrow some grant monies available, and these funding methods should be looked at by the administrator, and try to use limited OE funds. 

Roll call:  Victor Canning, Larry Tobias, Jim Sandham, Deb Nielson, Gary Lewis, Russ Lipari, Art Maggio, Ladis Karkowsky – Yes

Deb Nielson:  noted there are seven members of the municipal staff retiring and this retirement party is October 22nd, and all will be invited.

Temporary Sign Complaints:

Mr. Karkowsky voiced concerns on the temporary sign still being put up by Don Pepe:  it is frayed and not even hung properly and at minimum should be better sign.  It is hung across driveway on weekends, and looks terrible.  It is a blatant violation of what we have been doing with temporary signs and they should be told to get a better temporary sign.  Mrs. White will address.

Construction Permit/Maintenance Code Issues:

Russ Lipari:  Jacksonville/Indian Lane – on the right side of bridge on the corner is a building that never goes forward and is a mess.  This gentleman has been noticed, will do minimum repairs to existing uncompleted house and then starts just leaving storage of materials all around.  John Visco also indicated he was in a few months ago, made similar complaint, found the gentleman was out of country, came back and did a little bit more work. 

Deb Nielson:  more and more problems are coming up like this with construction permits and we need to find a solution.  Discussion ensued on the changes on state regulations indicating there is a 3 year period until all exterior improvements are completed and it runs from date of permit or township can demolish.  Mrs. White will discuss and see period of time permit is open.  She does use maintenance code for open sites but as noted, it is cleared and continues.  Hard with open permits to control, noting there is also a house that is on River Road.


Reports from Board Liaisons:

a) Board of Adjustment – Gary Lewis attended meeting and wanted the Planning Board to know that the chairman, Jim Marinello offered some great words about Mrs. White and her work abilities.  He was also very proud to hear the chairman so assertive in asking Joe Burgis about changes in master plan which he feels is an excellent reflection of Planning Board involvement.

As to concerns on timetable and the master plan, he noted Gov. Christie signed time of decision legislation which means after May 5th of next year, township are not longer protected by this rule so if someone comes in with a development application other than demonstrated health and safety township will be bound by that regulation.  We are cleaning our ordinances up, and would suggest that our master plan be done by fall with ordinances before May 5, 2011 in place.  We are meeting and going forward on July 14th at 8AM to review the entire Master Plan/zoning ordinance update schedulings.

b) Board of Health – Lawrence Tobias   - no comment

c) Environmental Commission – Vic Canning - no comment

d) Water & Sewer – Arthur Maggio  - no comment

e) Historic Preservation Commission – John Visco - no comment

f)  DRC – Deb Nielson   - no comment

g) Site Plan/Subdivision Committee – Russ Lipari Chair, Ladis Karkowsky, Deborah Nielson, & John Visco (alt) – no comment

 j) Economic Development Committee – Tony Speciale – no comment

k) Open Space Committee – Ladis Karkowsky, Russ Lipari, Deb Nielson & Jim Sandham – no comment

l) Master Plan/COAH 3rd Round – Ladis Karkowsky, Russ Lipari, Deborah Nielson, Gary Lewis & John Visco (alt) – no comment

m) Cross Acceptance Committee – Ladis Karkowsky, Russ Lipari - no comment  

n) Highlands Legislation Review Committee – Gary Lewis – no comment

o)  Appointment to Fire Department Districts – Russ Lipari –Towaco; Tony Speciale for Pine Brook, Art Maggio for Montville – no comment


PMISC10-30 Sundaes Ice cream Parlor – 263 Changebridge Rd. – B: 149.4, L: 6 – 1,000 s.f. ice cream parlor – no seating – signage in compliance with approved theme – 3 employees – hours of operation 11am-11pm 7 days (Changebridge Plaza)   

Parking issues and concerns noted on parking.   There is no outside seating being shown, and the floor plan submitted shows elimination of any seating.  Board members voiced strong concerns on seating since this parking lot is constrained. After general discussion, it was moved that the tenant/owner receive a waiver approval with strong wording to the affect that there shall be no indoor and/or outdoor seating allowed.  Accordingly it was moved that the waiver be approved for 90 days (sunset date September 30th, 2010) to confirm that there is no seating on the premises and no parking problems exist.  If so, then the applicant/owner shall be notified of the need to address deficient parking under site plan shall be subject to a site plan application.  Motion made by:  Deb Nielson and seconded by John Visco – Roll call:  unanimous






Minutes of June 24, 2010 - Ladis Karkowsky, Victor Canning, Deb Nielson, John Visco, Gary Lewis, Art Maggio, Russ Lipari, Larry Hines, Tony Speciale, Larry Tobias

Minutes of May 27, 2010 - Ladis Karkowsky, Victor Canning, Deb Nielson, John Visco, Gary Lewis, Art Maggio , Russ Lipari, Larry Hines, Tony Speciale, Larry Tobias, Jim Sandham

Subcommittee minutes of May 27, 2010 – Russ Lipari, Deb Nielson, John Visco

Motion made by:  Art Maggio   Seconded by: Gary Lewis

Roll Call:  unanimous


Burgis Assoc. – Trust for: $438.75, ,518.75 (Rails)

 Michael Carroll, Esq. – Litigation for: $440.00; Trust for: $1,500 (Trinity), $202.50, ., $810.00, $168.75, $67.50, $33.75, $33.75

Motion made by:  Russ Lipari Seconded by: Victor Canning 

Roll call:  unanimous




PSPP/FC09-09 Pinto Management Group – 147 Changebridge Rd. – B: 131, L: 18 – Prel/Final Site Plan – variances - Carried from 4-22- agenda 5/27/10 & 6/24/10 with notice Roll call:   Ladis Karkowsky, Victor Canning, Deb Nielson, John Visco, Gary Lewis, Art Maggio, Russ Lipari, Larry Hines, Tony Speciale, Larry Tobias, Jim Sandham certified to electronic recording for 6/24/10                           ACT BY: 8/12/10_171" value="" />

Mrs. White summarized reports, and Mr. Lewis indicated that the use question should have been addressed earlier in hearing which would have stayed the delay encountered and is comfortable with the documents submitted supporting this use as a permitted use. 

Board professionals were sworn by board attorney

Mr. Burgis:  all of these issues raised in our prior reports is now been affirmatively addressed on issue of use for comments raised.

Mr. Omland:  questions asked of applicant were answered. There are a number of items that must be completed but they can be addressed in a resolution, as well as applicant’s comments committed to writing and/or represented by applicant.

Gary Lewis:  did we arrive at a conclusion that there would be no outdoor storage at building B.  There is no request for outdoor storage on Bldg. B, and this building is individual outside storage.  This is to be included in the resolution.  Mr. Lewis indicated concerns about warehouses in Fairfield where outdoor storage is rusty old equipment, etc.  The resolution must be specific to indicate that there is no outside storage or area will deteriorate entirely. 

Mr. Omland:  the rendering on board is marked as A2 May 27th, and the area in back is very small.  There is a limit of disturbance and there is no tree removal so this should reinforce that the outdoor storage will not grow beyond approved area.  There are also no doors in back of this area. 

Mr. Walker indicated that this is heavily constrained by utility easements and wetlands buffer so this project is squeezed between wetlands buffer so there is minimal amount in the back so there is no access in this area, so no way to get back there. 

Deb Nielson:  town owns neighboring property and one of the goals is to have access for trails for future trail access, realizing it is heavily constrained, and asked applicant to work with professionals to provide some sort of easement in approval to allow a path system in case this should happen.

Mr. Walker indicated Mr. Pinto didn’t want access by general public which is understandable, so to provide easement thru lot is acceptable in the existing easements of utility companies on site. 

Ms. Nielson:  details need not be worked out now but would like language for future development of a trail system, and just note that she would like to see the door left open on this for the future.   

Fleetwash Company – expert on washing of trucks & containers – James DeCarlo – founder of Speedwash -   Sworn

Mr. DeCarlo reviewed credentials.

Reviewed washing:  seal off storm drains; trucks are moved to designated area, vacuum system is put out and all water is vacuumed back to truck so nothing goes back into round water.  Water is put into a treatment system.  Have discharge approval in Fairfield and all of these water then goes into sanitary drains.  Nothing goes into drains on this site.  When this is all finished, the rinse water is also taken away, as well as all of the solids.  Ladis Karkowsky:  concerns on lubricants and/or fluids in containers. 

Roll off container is put on wash pad and is washed the same way as the truck.  Regardless of what is rinsed from a roll out it is cleaned by this company.  Company takes whatever is in containers, liquid goes into water.  Mr. Lewis gave some examples about acid solutions, and company assumes no hazards but stipulated that by the time it goes to wash cycle, it gets blended together, and PH is checked first since they can’t discharge if there is any problems with water sample.

Art Maggio:  what is company’s recommendation of how often washing should be done?  Mr. DeCarlo indicated that trucks should be washed every two weeks which would be norm set by garbage industry.  He noted that coming from past careers in transportation he has concerns about every two weeks. 

Mr. Omland:  has no problems with the standards imposed and discussed how a clean operation runs, but the larger question is how a township controls this type of operation to make sure there is no contamination of other facilities.

Mr. DeCarlo:  they are under eye of DEP Stormwater Management so the competition is not allowed to wash a truck without their supervision. 

Suggested annual reports, and perhaps a contract that would affirm there is a management program in place for this service so that there is no problem. 

Mr. DeCarlo:  do not run contract for small companies.  They call as needed so there is never an actual contract.

Mr. Schepis:  company could agree that the township would be notified if they stopped supplying services.

Russ Lipari:  On washing of garbage trucks, do you wash exterior of trucks only?  No washing of interior garbage trucks are done.  The containers will be washed outside since they don’t normally clean inside of containers.  

Discussion continued on interior of cleaning of a container truck, and if these containers are stored there and there is rain, this would go to wetlands and river and this is a major issue.  During the testimony Mr. Walker offered, the area has a solid concrete and that there is an oil separator and the basin has maintenance, etc. which will catch any runoff.

Mr. Walker:  spoke with Mr. Pinto that the inside of containers and there are no drains in the container.  They all have doors that open.

Russ Lipari:  does this occur now in Kenvil?  Mr. Pinto indicated affirmatively. 

Mr. DeCarlo is not servicing Pinto in Kenvil.  He only washes containers when there is a problem.

Stan Omland:  you can satisfy the board’s concerns by having a soil sample taken that can be certified by a professional PE and have this document submitted with the report required to be submitted to the township.  This testing is done at the point of discharge, and it should be tested for water quality and/or soil sample as part of the applicant’s annual report.  Applicant had no objection.   

Russ Lipari:  in Kenvil, is this industrial sewer line that water goes into?  There is a septic in Kenvil, and washing does not go into septic.

Mr. Tobias: applicant indicated there is an oil separator, but what happens if there is a large storm that exceeds capacity and washes into the wetlands? 

Mr. DeCarlo:  Committed to cleaning oil water separator every two weeks, indicating Mr. Pinto will be educating employees about spills and notification so fleet wash can come and clear spill and tank at same time.  The water will overflow thru the tank with the thought being that there will be minimal amount of contamination.  Mr. Walker elaborated.

Stormwater basin:  will it handle storms? Mr. Walker indicated affirmatively. 

Russ Lipari:  how much area would all these containers take up in land? 

Mr. Walker:  outdoor storage area is a graded area that will be surfaced with concrete and stormwater catch basins to catch stormwater.

There are 26 containers stored there.  They will fleet wash them, and will design an area for easy containment of water.  The area is surrounded by curbed 6” higher than surface and will be sufficient to maintain any type of leakage.  This is why Mr. Walker put the grease separator between drain and basin.  Before it gets to basin, it will meet this area.

Every two weeks when trucks are cleaned, this material will be removed.  Annual and soil/water testing coming out of basin would address concerns.

Mr. Sandham:  Pitch of the concrete pad and that it pitches back toward the road requested.  What is status?  Mr. Omland:  one of the comments in memo would be that this be part of the revised plan and wants assurances on this.  Applicant agreed.

Art Maggio:  do you wash indoor and outside?  Mr. DeCarlo:  yes.  Mr. Maggio wanted confirmation that everything goes into basin.  Applicant confirmed. 

Mr. Karkowsky:  concerns voiced about environmental impacts and this board’s obligation to make sure testimony reflects that there will be no adverse impact. 

Russ Lipari:  as engineer, are you secure as to what this operation is and that we, as a community, are protected.  Mr. Omland:  sure that the applicant will build project and all will be fine, and it is the next generation and our successors that we must worry about and that it is definitely important to make sure that the is a very strong resolution:  this is of utmost importance. 

Through the hearings, responding to exposure with fleet washing and environmental concerns, our concern is that there is no ‘bad stuff’ that gets into well.  Discussion ensued on soil samples and water basin. 

What happens if we find a problem?  This is a violation of site plan.  What type of corrective measures can be done?  What can be done with site plan operation if this happens?  If you want additional testing to ensure no impact, you can request this be done two times year.  Mr. Omland indicated he is comfortable with engineering controls and the applicant’s consent toward this end so we can be protected against this.   Mr. Omland:  you have a 12 month period of waiting to make sure there is no impact so to prevent this, twice a year is reasonable.  Discussion ensued on who is required to test this, and the need to make sure there is a small escrow deposited so outside review can be done.  Applicant concurred. 

Ms. Nielson:  should it be done in the wet season to show that basin is OK, and Mr. Omland indicated affirmatively.  If soil testing is prescribed, these conditions should be specific in the resolution, and this should be done under certain climate conditions, outlining process in this document for current and future operations.

It should be an Independent lab and the professional hired should be qualified to sample it and certify that is done properly with a certified lab result reviewed and received and approved by township.

Deb Nielson:  how many samples and locations would be dictated?  Mr. Omland:  ask applicant to consent to reasonable conditions with board’s conditions that would bolster our comfort level with the environmental issues.  Mr. Schepis:  do not want to see contamination out of site into wetlands.   The DA should be specific.  Mrs. White asked that the resolution be very specific on this issue.

John Visco:  talked about issues going to a transfer station but there is no plans at any time in future for a transfer station.  John Pinto:  no plans of doing that.  Mr. Schepis:  not a permitted use in township.

Recess was taken to allow applicant to discuss easement relative to conservation easement that addresses no further development but allow for a potential for development of trails system to facilitate future trail system in Montville.  

Mr. Schepis indicated that the applicant would agree to give an easement for benefit of public and that the owner will be held harmless.  Ms. Nielson:  there are documents that will be developed and signed at that time and are not on the drawing board at this time. Mr. Schepis indicated he would want the township to be the township’s responsibility if someone falls on a trail.   Whatever trail system would be separate and distinct and not be part of the site

Opened to public

Herb Esner – 20 Timber Road – he was a national compliance officer and his understanding is that there are no federal rules that are applicable to his industry.  There are rules applying to clean waster act and clean water that indicates nothing goes down a storm drain. 

Are you aware of any violation of any of these federal state or municipal statutes which accused or found guilty or paid penalties along this line? 

Mr. DeCarlo:  hard to say that many trucks were washed and there have been 3 violations over ten years. 

No relationship to Mr. Pinto.  Here as expert witness.  Not being compensated but will get business.

Closed to public –Motion made by:  Jim by Russ Lipari

Mr. Lipari:  will Kenvil close?  Mr. Pinto indicated 7 trucks there and yes. 

Meeting Recess

Continued Hearing….

Mr. Schepis discussed easement, indicating that he does not see a problem as long as there is an indemnification from township as condition of easement and township would indemnify against third party claims as to access to easement, etc.  Town already owns property so it is part of doing business.  Mr. Schepis continued with issues of concern from lending company viewpoint, noting applicant would be agreeable to a 50’ along westerly side of property since the desire will be to provide a river walk along metro and to make it to Rockaway River.  Tract of land above that is owned so you can access metro to go to river. 

Deb Nielson:  property is 40 acres, property and using this adjacent property is a natural conduit to trails and recreational aspect.  Mr. Sandham:  discussion continued as to easement to river walk.  Due to number of easements that are not utilized in developed eastern portion which might be higher or dyer, but also don’t want to limit access for a future river walk.    Mr. Burgis:  why would township want a 50’ easement which is only 15’?   Mr. Sandham:  said up to 50’ vs. just 15’ to give general guidance since Open Space is looking to connect for passive recreation.

Mr. Schepis:  understands and agrees to give two accesses on property.  Applicant will give you an access easement, two of them:  50’ easement on east and 50’ on west side.  Mr. Omland:  referenced concerns on locating.  OK on easterly side.  Westerly side you need a floating easement o this side.  Can you do deed restriction?  OK on easterly side.  Applicant will give easement also for river access.  Concerns by Mr. Schepis on lenders/purchasers

Westernmost 20-50’ that would be locked in for purposes of trail ways.  Mr. Omland:  carved them into and you can not do this now since it will depends on trees/wetlands.  Mr. Burgis clarified 300’ feet somewhere in this area.   

Deb Nielson elaborated on open space work and this issue has never come up before.  Utility lines are clearly acceptable, and river walk will be something in future but unknown.  Defer to Board professionals and finds utility easements and westerly 300’ workable. 

Michael Carroll:   difficulty with this property is specificity.  Highly possible nothing would be done so spending a lot of time on a something that may not occur.  If you left it in the resolution rather than an easement, and it has to be disclosed but it would not be mandated.   When the DA is recorded, this also becomes part of the record. 

Deb Nielson:  if you have a caveat to substitute area wouldn’t that work?.  Mr. Schepis indicated would give 200’ on west and 50’ to east and that is large.  Michael Carroll:  the answer cannot be vague, but any language inserted can be changed in the future. 

Discussion ensued on easement areas. Mr. Lewis:  discussed the distance along frontage that a lot of the area is environmentally constrained and can’t be built on, and asked if the town came and asked for 312’ off westerly side to put in a 6’ wide path.  Mr. Schepis:  he is concerned with financing if something is reflected on map. 

Plan shows conservation easement around buffers to the township, this is already an easement and in this westerly easement and township can utilize this area.  Mr. Walker indicated they can put this easement within 600’ on westerly and provide a 20’ walkway for open space.

Opened to public, hearing none closed.

Ladis Karkowsky:  Mr. Pinto was asked about location:  is this the main one?  Mr. Pinto:  Main one is Kenvil, Boonton and Rockaway there are two locations.  As to Kenvil location:  any violations at this time from township?  None per Mr. Pinto

Spoke to Russ Stern on this site and he indicated no site violations of record to this property.  Per Mr. Schepis

Mrs. White:  signs proposed will meet 50 sq. ft. which is 1 1/2” by 6’  high. Marked at A10 and sign will have 10’ from ground where 8’ is   allowed but will be over main walls and letter height will be reduced to  1½”.  Location variance requested for height; Pinto business sign still invariance; applicant is eliminating all loading docks and put in all garage doors.  Mrs. White summarized would be subject to DEP permits, DA by Township, escrow for testing, testing to be stipulated in record as to how  often, when and where, and who is to review it, compliance with all agency reports, other bonding if applicable, County Planning Board and Soils, compliance with all testimony offered, applicant proposes a 1,000 lin. ft. access road, preliminary & final site plan approval requested    which will be a phased project, first being 1,000 ft. access drive and Pinto in rear.  Bldg. B would be in future. Building A is 7,325 sq. ft  warehouse and 1,329 sq. office; 17 spaces including ADA, fenced area in   rear of building that will enclose operation of site and garage doors on easterly side.  In this area is storage area of containers and areas to operate within the site with no expansion of outside storage permitted, waivers for any tenants occupying buildings, easements for trails and access to adjacent municipal land to be shown on revisions and to addressed in the DA, there will be a conservation restriction on wetlands     and transition area; only area of disturbance will be main utility easements and amount of wooded area removed is minimal.  There are two principal buildings on one lot.  Only one is allowed: Outdoor storage is allowed but 100’ from residential zone – property to rear is Pinto.  Area is 23.3_311" value="" />’ from residential zone; one freestanding sign that needs a variance.  This is a 4x8 in front of building Pinto Industrial Park and also need a building sign where the sign height is 10’ where 1.5’ allowed.    Façade height:  Location height is 25’ where 8’ allowed so sign is higher   on façade and one waiver from steep slopes, all other applicable codes and compliance with state, local and federal laws.    

Motion made by:  Jim Sandham subject to all stipulations and testimony of record; seconded by John Visco

Roll call:  Victor Canning - yes, Larry Tobias – yes; Jim Sandham – yes;

John Visco – yes; Art Maggio  - no; Gary Lewis – no, Russ Lipari – yes, Deb Nielson – yes and Ladis Karkowsky – yes

**PSPP/FC10-07 RAILS STEAKHOUSE - 8 & 10 Whitehall Road – B: 96, L: 3 & 4 - Site Plan/Variances for development of retail/apartments /restaurant site – Carried w/notice from 6/10/10 – Eligible: Ladis Karkowsky, Victor Canning, John Visco, Gary Lewis, Art Maggio, Russ Lipari, Jim Sandham, Larry Hines, Tony Speciale, Alt, Larry Tobias, Alt #2:  Deb Nielson must certify to 6/10/10 meeting                  

          ACT BY: 10/8/10

          **CARRIED WITH NOTICE TO: 8/12/10_326" value="" />

          Motion made by: Jim Sandham

          Seconded by:   John Visco

          Roll call:  Unanimous


**PMN/C09-05 Healy, Michael – 37A and 35A Stonybrook Rd. – B: 21.01, L: 23 & 24 – lot line change with variance   ACT BY: 9/30/10

          **RESCHEDULED TO 7/22/10

          Motion made by: Jim Sandham

          Seconded by:   John Visco

          Roll call:  Unanimous

Mr. Karkowsky will be away on vacation for next meeting again thanking Mrs. White for all of her years of dedication to the Planning Board and township.  Mrs. White summarized her appreciation to all of those that she served noting it has been a pleasure working for the community and helping the Board make Montville the community it is.



Motion to adjourn unanimously adopted made by Russ Lipari, seconded by John Visco.

Meeting adjourned unanimously in a Motion made by: 

Respectfully submitted,

Linda White


With explanation

With explanation

Last Updated ( Friday, 23 July 2010 )
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