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MONTVILLE TOWNSHIP PLANNING BOARD
7:30 PM Start
195 Changebridge Road, Montville Municipal Building
MINUTES OF DECEMBER 9, 2010
No New Business to be Conducted Past 10:00PM
ROLL CALL
Mr. Maggio – present Mr.
Karkowski - present
Mr. Sandham – present Ms. Nielson – entrance noted
Mr. Lipari – present Mr.
Lewis – present
Mr. Hines – entrance noted Mr. Canning –
present
Mr. Visco – present Mr.
Speciale (alt #1) – present
Mr.
Tobias (alt #2) – absent
Board Professionals
Board Attorney Michael
Carroll, Esq. - absent
Board Engineer Stanley
Omland, Esq - present
Board Planner Joseph Burgis, PP - present
PLEDGE OF ALLEGIANCE
STATEMENT OF COMPLIANCE – (STATED)
**Note: Mr. Hines and Ms.
Nielson entered
PLANNING BUSINESS
I. Master
Plan Land
Use Element & Goals and Objectives - Public Hearing
Presentation by Joseph
Burgis, Burgis Associates
Required pursuant to the
Municipal Land Use Law N.J.S.A. 40:55D-10.
Mr. Burgis presented the Goals
and Objectives and Land Use element of the Master Plan. The document sets forth policies and sets the
parameters for community growth.
Optional requirements and obligatory items such as a housing plan were
also discussed. The master plan is
reexamined every six years, as required by statute. To compile the Master Plan, background
information needs to be gathered. Environmental issues such as streams,
wetlands, steep slopes and utility services information is provided. The general goals of the master plan where
discussed including, the goals to protect the character of our residential
neighborhoods, to preserve environmental features, to enhance open space and
protect historic sites, and to accommodate commercial and retail uses in
appropriate locations.
Mr. Burgis discussed some
specific areas addressed by the current and prior master plan documents.
- Route 46/Bloomfield Ave - This portion of Master
Plan was previously adopted
- Route 202 Corridor - This portion of Master Plan
was previously adopted
- Lake Valhalla - Current plan proposes the club to be a
permitted use.
- Towaco Center - previously adopted .
- Route 202/Taylortown Rd - Proposes to expand the B-1 zone from River Road
which is currently an industrial zone.
- Route 202/Changebridge Road - Rezone from OB-2A
to OB-4. Allowable uses include health/fitness
center, sports facility, instructional studios, public use. If property owners will build access
road additional use considerations and square footage will be provided as
development incentives.
Other key discussion areas
included areas proposed for re-zoning, design improvements or lot size
requirements. For example, the Route
202/Changebridge Road area a bypass road is proposed to help the flow of
traffic access Changebridge Road
and to evaluate ways to make Bloomfield
Avenue more pedestrian friendly.
Other areas to be addressed
by the ordinance include:
1. Update sign regulations
2. Adopt standards for
through-lots
3. Evaluate parking
requirements
4. Encourage “green” building
and sustainable design
PUBLIC DISCUSSION
Philip Mylot, Esq. -
representing WB Developers (William & Brian O’Dowd) owners of a property
located in Area 1. Quick Chek submitted
an application for a convenience store and gas station at this location. Mr. Mylot would like the board to discuss a
conditional use at this location. Mr.
Burgis states that a gas station component was discussed but the board is in
agreement that they will not reconsider.
Mr. Mylot handed out Exhibit A, a December 1, 2010 Professional Planning
report completed by John Madden.
William O’Dowd - 55 Foremost Mountain Rd
- Mr. O’Dowd states that he did attend a public meeting and was not told to
bring his professionals. He states that
he was told that the concern is that he will drive out the competing gas
station.
Swearing of Professionals – Mr. Burgis & Mr.
Omland
Mr. Burgis states that a gas
station/convenience store component is not an allowable use currently. He states that his office did prepare a
document for the Board of Adjustment but did not testify before the application
was withdrawn.
Michele Caron - 2 Brook Lane,
Towaco - Ms. Caron’s concern is on Page 30 -Part 1- the plans show a building
on wetlands property. Mr. Karkowski
states that a builder would still have to go for all permits before being
allowed to build. Mr. Burgis reports
that the property is not as constricted as initially thought. The survey supersedes
any plan that is in the master plan. Mr.
Omland states that any denials are between the developer and DEP, so the
taxpayers will not incur any fee.
Audrey Barnish - 93 Taylortown Road
& Phyllis Fogelson - 69
Taylortown Road
Ms. Barnish and Ms. Fogelson own Block 59 Lot
15 - property is located at the corner of Route 202 and Route 287 South. The
zoning is currently residential and they would like the board to consider
rezoning the property. Ms. Fogelson states there are wetlands on the
property. Mr. Omland and Mr. Burgis both
state that they have looked at this property. Single family homes are allowed
and buffering can be done. The board
will discuss this.
Ed Blickstein - 2 Hixon Court, Montville
Mr. Blickstein is concerned
about a gas station located on the other side of Route 202. He is concerned
that additional traffic would be entering the township.
Break 9:10pm
Call back to order 9:20pm
Kathleen Walter - 18 Forest Place,
Towaco
Ms. Walter is concerned that
there will be building too close to the aquifer and this is a danger to the
Towaco area.
Anthony Angolini - 38 Virginia Road, Montville
Mr. Angolini’s concerns are
the sustainable energy incentives. He
states the following should be considered in the master plan: micro turbines,
biofuels, electric cars, rooftop farming, fish farming. He also had a couple of mapping issues which
Mr. Burgis will check into.
Rusi Ghandi - 56 Ridge Drive, Montville
Mr. Ghandi questioned what
the proposed use for the tire company property on Route 46 is. The property has been vacant for 6 years. Mr.
Burgis reports that this property has been rezoned from industrial to office/retail/restaurant.
Michael Edwards - 80 Ridge Drive, Montville
Mr. Edwards thanked the board
for their hard work.
Richard Chongeshian
Mr. Chongeshian is concerned
that the board may reconsider the gas station as a permitted use on Route 202
and requests that the master plan stays the same.
A motion was made by Mr.
Sandham to close the public session, seconded by Mr. Hines. Roll call: Mr. Maggio, Mr. Karkowski, Mr.
Sandham, Ms. Nielson, Mr. Lipari, Mr.
Lewis, Mr. Hines, Mr. Canning, Mr. Visco and Mr. Speciale (alt #1)
Mr. Burgis’s responses to the
public comments:
Re: Mr. O’Dowd - Mr. Burgis
states there is already one gas station.
With the access road Mr. O’Dowd is allowed other conditional uses in
addition to those already allowable uses.
Mr. Lewis stated that there are many other uses for this location that
the property owner can consider.
Re: Mrs. Caron - Mr. Burgis
states that permits are still required by the developer. Ms. Nielson reiterates Mr. Burgis’s comments
that permits still need to be applied for and approved. The plan in the master
plan is conceptual and merely demonstrates one possible building scenario
should all approvals be granted from the board and the outside agencies.
Re: Ms. Barnish & Ms.
Fogelson - Mr. Burgis states this lot is
buildable but the board would like to discuss further. Mr. Maggio questions what the constraints
are. Mr. Burgis states there are
wetlands. Mr. Sandham questions why
certain properties are not being rezoned.
Mr. Lewis states that the property should be reexamined by the board.
Re: Ms. Walker - Mr. Omland
states that Vincent Uhl, hydrogeologist, will provide advice for any property
abutting the aquifer.
Re: Mr. Angolini - Mr. Burgis
will provide details and report back to the board.
On a motion made by Mr.
Lewis to adopt the Master plan, with the exception of B: 59 L:15, which will be
reexamined by Mr. Burgis for sight specific uses. Seconded by Mr. Lipari. Roll
Call: Mr. Maggio, Mr. Karkowski, Mr. Sandham, Ms. Nielson, Mr. Lipari, Mr. Lewis, Mr. Hines, Mr. Canning, Mr.
Visco and Mr. Speciale (alt #1)
II. Wireless Telecommunications Ordinance (Proposed) - Referred
by Township Committee - Planning
Board will discuss at their next scheduled meeting in January 2011.
III. Minor Lot
Grading Ordinance (Proposed) - Referred by Township Committee
Mr. Anthony Barile, Township
Engineer, was sworn. He states that any
grading changes require a grading plan and grading permit. They are proposing having a minor lot grading
permit which would cost a homeowner less money than a grading plan that is
prepared by a professional, which is currently the requirement. Mr. Omland
agrees that the intent is to make it easier on the taxpayers. Mr. Barile states
that with this ordinance the homeowner can prepare their own drawings for their
proposed project. The current fee for a
grading plan is $275.00. The cost for
the minor grading plan is $175.00. Mr.
Sandham states that this is supposed to streamline the process for the
homeowner. The Board questioned if the
minimum 5000 sf should be raised. Mr.
Omland said it’s the number that the soil conservation uses.
Vote: All in favor, no abstentions and none
opposed.
REPORTS FROM BOARD LIAISONS:
a) Board of
Adjustment – Gary Lewis reports that Holiday at Montville
and Lake Valhalla have been heard and are being
carried to the next meeting.
b) Board of
Health – Lawrence Tobias absent, no report
c) Environmental
Commission – Victor Canning gave no report.
d) Water &
Sewer – Arthur Maggio gave no report
e) HPRC – John
Visco gave no report.
f) DRC – Deb Nielson gave no report.
g) Site
Plan/Subdivision Committee – Russ Lipari Chair, Ladis Karkowski, Deborah
Nielson & John Visco (alt) gave no report
h) Economic
Development Committee – Jim Sandham and Tony Speciale - no report
i) Open Space
Committee – Ladis Karkowski, Russ Lipari, Deb Nielson
& Jim Sandham gave no report
j) Master
Plan/COAH 3rd Round – Ladis Karkowski, Russ Lipari, Deb Nielson & Jim
Sandham gave no report.
k) Cross
Acceptance Committee – Ladis Karkowski & Russ Lipari gave no report.
l) Highlands
Legislation Review Committee – Gary Lewis gave no report.
m) Appointment
to Fire Department Districts – Russ Lipari – Towaco, Tony Speciale – Pine Brook
and Art Maggio – Montville
WAIVERS
RESOLUTIONS
PSPP/FC10-07 RAILS
STEAKHOUSE – 8 & 10 Whitehall Road –
B: 96 L: 3 & 4
Approved on a motion made
by Mr. Hines, seconded by Mr. Hines.
Roll Call: Mr. Karkowski, Mr.
Canning, Mr. Visco, Mr. Lewis, Mr, Maggio, Mr. Lipari, Mr. Sandham, Mr.
Hines, Mr. Speciale, Mr. Tobias
PMN/C10-09 Brown, Joanne -35 & 43 Stonybrook Road - B:21.01 l: 19 &
22
Approved on a motion made
by Mr. Visco, seconded by Mr. Lewis.
Roll Call: Mr. Karkowski, Ms. Nielson, Mr. Visco, Mr. Lewis, Mr.
Speciale, Mr. Tobias
PMS10-11 - Level One
Construction - 289 Changebridge Road
- B: 160.2 L: 12
Approved on a motion made
by Mr. Hines, seconded by Mr. Canning.
Roll Call: Mr. Karkowski, Mr.
Canning, Mr. Visco, Mr. Sandham, Mr. Hines, Ms. Nielson, Mr. Speciale,
Mr. Tobias
CORRESPONDENCE
I. HELLER GROUP/MONTVILLE
BAGEL - 191
Changebridge Road, B: 135 l: 5- letter dated
November 11, 2010 requesting extension from existing deadline for completion of
construction of July 2011.
Board discussion reiterated
importance of access drive, expressed by board engineer and as indicated as a condition
of approval.
Mr. Canning made a motion
to deny request for extension. Seconded
by Mr. Lipari. All in favor by roll
call: Mr. Maggio, Mr. Karkowski, Mr. Sandham,
Ms. Nielson, Mr. Lipari,Mr. Hines, Mr. Canning & Mr. Visco. Mr. Speciale
(alt #1) and Mr. Lewis abstained.
II. ARTIFICIAL TURF
FIELD FOR
MONTVILLE HIGH
SCHOOL - Mr.
Lewis states the BOE is required to present their project to the Planning
Board. Ms. Hunscher will contact the
Business Administrator for the school district to request his attendance at the
next meeting of the Planning Board.
MINUTES
On a motion made by Mr.
Canning, the minutes of November 22, 2010 were approved. Seconded by Mr. Lewis.
All in favor by voice vote, none abstained none opposed.
INVOICES
Michael Carroll, Esq – Trust
for $337.50, $33.75
Omland Engineering – Trust
for $776.25, $405, $405, $360, $236.25
Johnson, Murphy – Trust for
$40.00
Motion made by Mr. Sandham to
approve, seconded by Ms. Nielson, all in favor by voice vote, none abstained
none opposed.
LOI/DEP NOTIFICATIONS (none)
OLD BUSINESS
NEW BUSINESS
OTHER BUSINESS
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I. 10:42pm - Motion made by Mr. Canning and seconded by Mr.
Sandham for the Board to enter closed session to discuss personnel matters
including board recording secretary.
11:20pm - Closed session
ended.
II. Discussion regarding Master Plan Proposal from Burgis
Associates. - Mr. Lewis would like to
finish the unfinished elements, community facilities & open space.
On a motion made by Mr.
Lewis, the plans will be completed.
Seconded by Mr. Lipari. All in
favor by roll call: Mr. Maggio, Mr.
Karkowski, Mr. Sandham, Ms. Nielson, Mr. Lipari, Mr. Lewis, Mr. Hines, Mr. Canning, Mr. Visco and Mr. Speciale
(alt #1)
III. Appointment of Liz Johansen as recording
secretary for the Planning Board for remainder of 2010.
Mr. Sandham made a motion
to accept Liz Johansen as the
recording secretary, for $200 per meeting.
Seconded by Mr. Visco Roll Call: Mr. Maggio, Mr. Karkowski, Mr. Sandham,
Ms. Nielson, Mr. Lipari, Mr. Lewis, Mr. Hines, Mr. Canning, Mr. Visco and Mr.
Speciale (alt #1)
ADJOURNMENT
There being no further
business to discuss, on a motion made by Mr. Hines, seconded by Mr. Lipari, the
meeting was adjourned at 11:32 p.m.
Respectfully submitted,
Liz
Johansen, Secretary
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