195 Changebridge Road, Montville Municipal Building
Minutes of July 8, 2010
No New Business to be Conducted Past
10: 00PM
ROLL CALL
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
PLEDGE OF
ALLEGIANCE
Stated
STATEMENT OF
COMPLIANCE
Stated
PUBLIC
DISCUSSION
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.
PLANNING
BUSINESS
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
WAIVERS
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
RESOLUTIONS
No
CORRESPONDENCE
No
MINUTES
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
Motion made by: Russ Lipari
Seconded by: Victor Canning
Roll call: unanimous
LOI/
NOTIFICATIONS
No
OLD BUSINESS
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
NEW BUSINESS
**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:
