Planning Board Minutes 12-9-10 Print E-mail


7:30 PM Start

195 Changebridge Road, Montville Municipal Building


No New Business to be Conducted Past 10:00PM


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





**Note: Mr. Hines and Ms. Nielson entered


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


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. 


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




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



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. 


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.


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.








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)




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

Last Updated ( Friday, 21 January 2011 )
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