MONTVILLE TOWNSHIP PLANNING BOARD
7:30 PM Start
195 Changebridge Road, Montville Municipal Building
MINUTES OF THURSDAY
FEBRUARY 24, 2011
No New Business to be Conducted Past l0: 00PM
Russ Lipari welcomed everyone
to the Montville Township Planning Board hearing of February 24, 2011
commencing at 7:30 p.m.
PLEDGE OF ALLEGIANCE - performed
STATEMENT OF COMPLIANCE - Ms. Hunscher read
Mr. Maggio - present Mr. Karkowsky - present
Mr. Sandham- entrance noted Ms.
Nielson - entrance noted
Mr. Lipari, Chair - present Mr. Lewis, Vice
Chair - (AE)
Mr. Hines - present Mr. Speciale (alt#1) - present
Mr. Visco - present Mr. Tobias (alt#2) - present
Mr. Canning - present
Board Attorney: Michael
Carroll, Esq. - present
Board Engineer: Stanley
Omland Engineering - present
Board Planner: Joseph
Burgis, PP, AICP, Burgis Associates - present
SWEARING IN OF PROFESSIONALS - done
Board of Adjustment
Lewis (AE - not reported)
Board of Health
Mr. Tobias reported that at
the January 10 board meeting, illegally dumped tires were removed near
Route 287 near to Waughaw Road by the Mosquito Commission; there is a new bed
bug strategy utilizing slugs; the board approved a new fitness center at 2
Changebridge Road; Lake Valhalla Club’s plans were evaluated; a new contract
with Lincoln park contract for health inspector services was discussed; Camp
Dawson is testing below acceptable levels for lead; at the reorganization
meeting Mr. Perry was appointed president and professional staff took a pay cut
Canning (no report)
Water & Sewer
Maggio (no report)
Visco (no report)
Design Review Committee
– Deb Nielson (no report)
Lipari Chair, Ladis Karkowsky, Deborah
Nielson, & John Visco (alt) (no
Sandham, Tony Speciale
Mr. Speciale reported that
the EDC was investigating the feasibility of a farmers market in town.
Open Space Committee –
Karkowsky, Russ Lipari, Deb Nielson & Jim Sandham (no report)
Master Plan/COAH 3rd
Karkowsky, Russ Lipari, Deborah
Nielson, Gary Lewis & John Visco
(alt) (no report)
Cross Acceptance Committee –
Karkowsky, Russ Lipari (no report)
Highlands Legislation Review Committee –
Lewis (no report)
Fire Department Districts – (no report)
Lipari – Towaco;
Speciale for Pine Brook,
Maggio for Montville
**Mayor Sandham entered 7:35 p.m.
Open to public discussion
Close to public discussion
Motion: Tony Speciale
Second: John Visco
All in favor by voice vote
Mr. Lipari asked if the Board
would like to discuss anything not on the agenda.
Ladis Karkowsky asked board members to ride around town to
see if people are violating the ordinance.
He asked Ms. Hunscher to investigate whether the scaffolding for the
Columbia Inn could be removed prior to their approval. He asked if the scaffolding had been erected
prior to their applying for a permit.
Ms. Hunscher indicated that they had made application for a site plan
waiver to the Zoning Board of Adjustment a few weeks ago and would be scheduled
for either the March or April agenda.
**Ms. Nielson entered 7:45
additional budget allocated to planning for FY 2011.
Ms. Hunscher gave an overview
of the proposed additional budget items that she would like the Board to
discuss and recommend to the Township Committee. She indicated that the
proposed discretionary budget for 2011 is half the amount from 2010. She understand that in this budgetary climate
it is important to be careful with expenditures, but there may be some required
planning work that will cost more than the amount allocated.
COAH line item - Mr. Sandham asked Joe Burgis to discuss the
possibility of having to prepare a new COAH plan. Mr. Burgis and Mr. Carroll commented that
COAH is up in the air due to court challenges and legislation that has been
withdrawn to address the affordable housing obligation. Additionally, no one knows what the final
numbers will be since the formula is unknown.
COAH is supposedly working on the obligations and also revisions to
procedures. This may last into 2012 or
beyond, but Joe thinks there may be an obligation to begin work on the plan in
Fogelson rezoning request line item - Ladis does not want to
be held libel for rezoning request. Mr.
Canning agrees with Ladis. Mr. Speciale
agrees with Ladis. Mr. Tobias asked Joe
why we included it in budget. Joe said the resident had asked for the rezoning
to be considered at the public hearing.
Mr. Sandham indicated that this request was an outcropping of the master
plan and that it should be reconsidered without cost to the property owner. Mr.
Hines concurs with Ladis. Mr. Visco
indicates that the property was discussed by the master plan subcommittee and a
decision was made for it not to be rezoned.
He indicated that a person can challenge the rezoning with own money. Mr. Karkowsky said it has been zoned
residential all along and the committee just agreed to keep it the same. Mr. Maggio discussed that the person had
spoken previously about the property. Mr. Lipari indicated that there were a few
applicants interested in the property in the past. Ms. Nielson clarified and said that the
property owner had sent correspondence in 2009 which did not reach the
subcommittee. She feels that the fee was
substantial to prepare the master plan and all areas were looked at in depth
and if there were questions during the hearing process, no extra fees or in depth
Mr. Tobias asked about precedence in challenging master
plan. Mr. Carroll said that master plan
creation is discretionary, but the applicant can only challenge ordinance, not
Ms. Nielson suggested that subcommittee reevaluate at 3/23
master plan subcommittee meeting gin March.
Ms. Hunscher will add to agenda.
Mr. Burgis volunteered to prepare a brief direct memo at no extra charge.
Mr. Lipari recited an excerpt from Cox that suggests communities
set up a rezoning process. Ms Hunscher
indicated that Montville
has this process in place. Mr. Burgis
indicated that this case is distinguishable because the request occurred at
master plan public hearing and no other resident will be able to request gratis
evaluation of their zoning. Mr. Sandham
suggested notifying the Fogelsons to attend the next subcommittee meeting. Property owner can attend and listen, but
cannot participate or lobby subcommittee.
Mr. Canning objected to expending the monies to prepare a
new housing plan given the flux that COAH is in.
A motion was made by Mr. Visco to approve additional budget
amount without the $2,000 and with the understanding that the entirety of the
$12,000 may not be all used. Mr. Hines
seconded indicating that the total would then be $19,000.00.
Yes - Mr. Maggio, Mr.
Karkowsky, Ms. Nielson, Lipari, Mr. Hines, Mr. Speciale (alt#1), Mr. Visco, Mr.
No - Mr. Canning, Mr. Sandham
Bros – 321 Changebridge Rd.
– B: 160.2, L: 18 – 6,200 s.f. warehouse of furniture and decorations – hours
of operation 9am-5pm Mon-Sat – 2 employees – no outdoor storage of vehicles –
no signage requested (RBR)
See Jazzercise below
– 321 Changebridge Rd.
– B: 160.2, L: 18 – 2,657 s.f. -
recreation – hours of operation 8am-8pm Mon-Thurs; Fri 8am-7pm; Sat 8am-11am;
Sun 8am-11am & 3pm-5pm – 15 employees – no outdoor storage of vehicles – no
signage requested (RBR)
Changebridge Rd - Ms. Hunscher gave an overview of
the tenancy approvals for this site. The
waiver applications are for two new tenants -Millea Bros and Jazzercise. Ms. Dougherty, attorney for the applicant,
discussed hardships that have plagued the property, including a number tenants
not taking possession of the leased areas or other businesses going under
financially. She indicated that the
applicants have made upgrades to the property mainly to the building. She acknowledged that the applicant has not
been as diligent providing status reports, as required by the board approval,
to the Land Use office. The Township
attorney has provided a draft of developer’s agreement, which will be competed
once Omland reviews the cost estimate.
Omland’s review of status of plans per approval, bond
estimate, and also county approval are still needed. Ms. Dougherty indicated that for practical
reasons, not legal reasons, the applicant is appearing before the board. The applicant needs to tenant the building in
order to apply for financing. The bank
needs a 50% occupied confirmation to consider the construction loan.
The applicant is asking board to consider that 6 tenants
were approved with parking and currently there are 50% less there than what was approved. The
applicant is asking for two tenants - one is a warehouse - one is Jazzercise, which
will still require less parking than prior approvals.
Ms. Dougherty explained that a timeframe for completion is
not possible to provide. Mr. Karkowsky wants
to hear from professionals. Mr. Visco
wants updates for good faith effort that applicant is trying to make
Mr. Omland presented a highlighted version of the approved plan
that indicated what has been constructed and what has not been
constructed. He said communication an
issue all along. There are more building
mounted lights than approved - 16 on and 6 were approved. This lighting does not service parking away
from building. He is concerned about public
safety due to insufficient lighting for night use. Handicap accessible spaces with signage, were
not installed, because new parking not constructed. One handicap accessible space could be
built. No ROW improvements on Changebridge
including sidewalk and lighting have been installed.
There is currently a $10K cash deposit with the
municipality. Not classified as a bond,
but functioning as one. Me. Omland
indicates that a $200K estimate for all improvements and a performance bond in
this amount would be required. He
suggests Mr. Carroll weigh in on bonding and discuss revoking CO if
improvements not constructed.
Enforcement is an issue.
Mr. Carroll - CO cannot be revoked as enforcement action,
but zoning officer can file notice of violation of violation of site plan
approval and issue summons. Waivers are
not provided for in MLUL; typically tenancy is not permitted until all
improvements are built. Montville has chosen to allow tenants to
occupy building before construction complete, which is ok, but some assurance
of construction completion is a good idea.
Outside approval reviews discussed my Mr. Omland include
NJDEP approval granted in December 2009.
Ms. Nielson asked Ms. Dougherty to clarify permit situation. Ms. Dougherty explained that in December 09 permit
was issued with condition that deed of dedication be agreed to. This has taken some time given the back and
forth with the County. It was finally
resolved this December 10. County
letters expected within the week for approval.
Ms. Nielson voiced concern about parking location in
proximity to operating tenancy and lighting at night
Mr. Omland indicated that certain improvements could be made
to the property to satisfy issues of safety that would not offend DEP permits
or require that the applicant wait for the developer’s agreement to be
signed. Although the entire site is in
the flood plain, work can be performed in the flood plain. Conduit and a light pole that can be
Mr. Ladis expressed reservations about improvements ever
being constructed. Mr. Lipari asked why improvements
made when revenue was coming in. Ms.
Dougherty says they will be willing to install two pole lights. Stan says site needs permits in place prior
to starting any additional work
Break 9 p.m. to 9:10 p.m. for applicant to deliberate
Applicant agrees to:
installation - one pole on right side on pedestal with no issues as to location
pole on left side and additional light same type of fixture
of handicap space front and side 45 to 60 days
bond 10K will post 100K exchange. Bond
merged with 200K total bond for municipality (replaced)
The board was polled and found
that the waivers, as long as certain conditions were met including a timeline
for construction and debris removal, were acceptable to be approved.
Mr. Carroll suggested to the applicant that Ms. Dougherty
draft a letter that will have a contractual tone addressing all items the
applicant agrees to conform to and provide as conditions of these waiver of
site plans being granted. Ms. Dougherty
will supply letter to Stan and Ms. Hunscher for their review. The letter will also include a prospective
timeline for completion of the improvements and will incorporate anticipated
time that securing financing will take.
Mr. Omland indicates that he anticipates, in his opinion and
from experience, that it will take 1 month to garner DEP approval, 1 week to
get affidavit of compliance in order, two months to secure developer’s
agreement, and suggests a one month buffer in case anything takes longer. Total
is 3 months. For the construction
schedule, Ms. Dougherty indicates it can take four months to secure financing
and depending on weather the construction will go relatively quickly. Mr. Lipari suggested a limit of one (1) year
to complete construction.
Motion to approve site plan waivers for Jazzercise and
Millea Bros with conditions described above.
Applicant’s attorney to provide letter outlining agreement: Mr. Hines
Second: Mr. Sandham
Yes - Mr. Maggio, Mr.
Karkowsky, , Mr. Sandham, Ms. Nielson, Lipari, Mr. Hines, Mr. Speciale (alt#1),
Mr. Visco, Mr. Tobias (alt#2)
Abstain - Mr. Canning
Piano – 101 Rt. 46E Bldg 14 Unit 127 – B: 181, L: 1 – 1,480 s.f. existing
showroom for pianos to be used for piano lessons - currently in units 124, 125,
126 & 127 – no other change to existing use. (Rensellear)
Motion to approve: Mr.
Second: Mr. Visco
Roll call: All in favor by voice vote
Burgis Assoc. – $101.25
Michael Carroll, Esq. –
Omland Engineering – $67.50,
Johnson, Murphy – $420
Motion to approve: Mr. Visco
Second: Mr. Sandham
All in favor by voice vote
PSPP/FC09-10 Trinity Baptist
Church – 160
Changebridge Rd. – B: 124, L: 12.3 – Prel/Final
Site Plan with variances – request for a change in a condition of the
resolution. Eligible – Mr. Maggio, Mr. Karkowsky, Mr. Sandham, Ms. Nielson, Mr.
Lipari, Mr. Lewis Mr. Hines, Mr. Speciale (alt#1)Mr. Visco, Mr. Tobias (alt#2),
Mr. Canning - GRANTED
Carried from February 10, 2011.
Ms. Hunscher indicated that Mr. Scangarella, Esq,
attorney for the applicant, had withdrawn his objection to the wording of the
Motion to approve: Mr.
Second: Mr. Hines
All in favor: unanimous; Mr.
Minutes of Planning Board Subcommittee January 20,
2011 - eligible: Mr. Karkowsky, Ms. Nielson, Mr. Visco
Minutes of Planning Board February 10, 2011 – eligible: Mr. Maggio, Mr. Karkowsky, Mr. Sandham Ms.
Nielson, Mr. Lipari, Mr. Lewis, Mr. Hines, Mr. Visco, Mr. Tobias (alt#2)
Minutes of Master Plan Subcommittee January 13, 2011 - Eligible:
Mr. Lewis, Mr. Lipari, Mr. Visco, Mr. Karkowsky.
Approval of minutes carried to 3/10/11 hearing.
Omland indicated that Ms. Hunscher had given him the NJDEP permit applications
for Lowes, which is a BOA application.
He was not sure why they had waited so long to apply, but the
applications have been submitted.
Mr. Carroll provided an
update on the COAH status in the courts.
The most recent update is that the court has asked COAH to revise their
Hearing adjourned at 9:45
Motion to adjourn: Mr.
Second: Mr. Visco
Meghan Hunscher, PP
Planning Board Secretary