Board of Adjustment Special Meeting Minutes 12-1-10 Print E-mail




AGENDA OF December 1, 2010

Montville Municipal Building, 195 Changebridge Road


NOTE: No New Business to be conducted past 10:30 P.M.



Richard Moore - Present                     Thomas Buraszeski – Present

Donald Kanoff– Present                     James Marinello – Present

Deane Driscoll – Present                    Carl DiPiazza (Alt #1) – Present

Maury Cartine – Present                     Kenneth Shirkey (Alt #2)  – Present

Gerard Hug  – Present


Swearing in of Professionals

Joseph Burgis, PP

Charles Thomas, PE

Bruce Ackerman, Esq.


ZSPP/FC28-08-13-10 Holiday at Montville – 29 Vreeland Ave. – B: 52.03, L: 19, 21 & 22 – site plan & variances           - Notice Acceptable                                                            ACT BY: 12/30/10

ZSOIL14-10 Holiday at Montville – 29 Vreeland Ave - B: 52.03, L: 19, 21 & 22 – soil movement - Notice Acceptable

Present on behalf of the applicant: Steven Schepis, Esq. ;  Mark Walker, PE

 Mr. Schepis  thanked the board for the special meeting.  All variances requested have been eliminated along with design exceptions.

Mark Walker, PE - previously sworn

No longer seeking additional variances. Pillars have been modified to meet the ordinance along with the signage.   Sign will just say Briar Hill.  Unit #6 will have a deck that was reduced to meet the ordinance.  The site triangle will meet the RSIS standards.  The pillars will be moved closer to Vreeland Avenue.  The biggest changes to the plan were related to landscaping.  We met with Michael Kopas and Ed Schnikas as it relates to landscaping and the changes have been accepted by Mr. Burgis’ office.  We do have some design exceptions requested.  Road width reduced from 28’ to 24’.   Upon review of Omland’s report there is another exception as it relates to a dead end water line.  Technically we have a dead end water line.  There is a municpal water line a few hundred feet from our property.  DEP does not like dead end water lines because there is a stagnant section of a water line that collects stagnant water.  We looked into a looped water line but would connect back into a dead end line.  Spoke to Mr. Ryden’s office and the best way would be to have a connection at our entrance way and loop it through the project and back out.  The fire chief had no issue with this type of water line.

Mr. Walker - We submitted a water extension permit to the DEP.  We should have that permit in February.  We have made infrastruture cuts for improvments.  We are consistent with RSIS as it relates to water and sewer and fire protection.  Water system will be maintained by the Home Owner’s Association.  There will be no extensions from the water system beyond this development.  The infrustructure exists in Vreeland Ave.  We have responded to all  the public and board questions in our November correspondence.  Parking

Summary Table was submitted; required 47 parking spaces provided 122 parking spaces 56 parking spaces are in garage, 23 on street. Some units have walk out basements and some have garage under units. 

Mr. Walker - Have done landscaping enhancement along Longview’s property.  There is a rise in topography before it slopes back down to Longview’s property.  Stormwater runoff requirements have all been met per DEP.  Drainage will not be flowing onto neighboring properties.  We have 3 driveways that are common driveways.  These driveways make it easier to get out of the driveways.  It reduces the curvature of the driveway.  We will save 12 - 18” trees, there are other trees but they are less than 18”.  We have done the calucations on units 29, 5, 6,7 & 8 which are walk out units and as a result they require an additional 670 s.f. of fill.  We are reducing the amount of material to be trucked off the site.    

Mr. Walker - Added pavement striping from two lane to one way circle.  We have parking proposed on outside portion of the circle.  Striping will direct traffic away from where cars are to be parked. 

Mr. Burgis asked if the air conditioning units can be moved.  Mr. Walker - There are 4 units that need additional landscaping.   They are on the outside of  the building between the street and the building. Suggest landscaping to disguise them.  Feel that there is significant amount of landscpaing to screen the units.  Mr. Burgis - Your 12’ between buildings at use approval is diminished by the air conditioning units.  Mr. Burgis - 2,700 s.f. near the gazebo is not a large enough area for recreation.  Mr. Walker - The back of unit 29 is 28’ from the gazebo with a retaining wall in between.  This was not a requirement for the area, and it is not a ruckus crowd in the development so do not see an issue.  Mr. Burgis - The board should look into this further, should be designed with something of substance that benefits all the residents.  Mr. Burgis - The shared driveways may be partially blocking access to the garages on the neighboring units.  Mr. Walker - Will take a look at it.  Mr. Burgis - Will need building height numbers from the architect.  Mr. Thomas - Will there be consolidation of lots.  Homeowner’s association will take care of all maintenance, water system, sewer system, etc.  Mr. Walker – Yes, agreed.  Mr. Thomas - Agree to affidavit of complaince, etc.  Mr. Walker - Yes.

Open to public

Matthew Rankin - lives in Longview - sworn

My concern is precedent.  Mr. Marinello - Comments or questions for this witness at this time.  Mr. Rankin - Pillar size?  Mr. Walker - Pillar height will be 8’ high which meets the ordinance.  Mr. Rankin - The air conditioning units are close to the back of the units and are close to the property lines and we will hear them clicking on.  Especially units 13-16.  How loud are they?  Mr. Walker - Typical units.  Mr. Rankin - can you move them closer to the front of the house?  Mr. Walker - Do not think the board would like them closer to the front of the house.  Mr. Rankin- Will there be landscaping around the stormwater management basin?  Mr. Walker - Yes. 

Nick Mizzone - 74 Jesse Ct. - previously sworn

Wood construction?  Mr. Walker - Yes.  Mr. Mizzone - Concerned with fire safety due to the fact that they are 12’ apart.  Concerned that there are  no places for meetings to be held for the association.

Marsha Goldstein - 78 Jesse Ct. - sworn

Concerned that this meeting was not posted for 8PM.  Mr. Marinello - Notice was properly done for the special meeting.  Ms. Goldstein - What are the setback requirements for Montville.  Mr. Walker - There are different setbacks for different zones.  The front and  rear yard for this zone is 50’ and the sides are 20’.  But variances for setbacks for this application were granted at Use approval. 

                Mr. Mizzone submitted exhibits:

                O-1 notes for project on Vreeland Ave

                O-2 - article on fire

Mr. Marinello - Do not think we will get back to this applicaiton until after 9:30PM this evening.  This application was carried to the end of the regularly scheduled hearing.


The Board moved to the regularly scheduled hearing at 8PM.

Certified true copy of minutes adopted at Zoning Board meeting of January 5, 2011.


Jane Grogaard, Assistant Secretary

Last Updated ( Friday, 21 January 2011 )
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