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MONTVILLE TOWNSHIP
ZONING BOARD OF
ADJUSTMENT
MINUTES OF JUNE 16, 2011
Montville Municipal Building, 195 Changebridge Road
8:00PM Regular Meeting
NOTE: No New Business to be conducted past 10:30 P.M.
Chairman Marinello welcomed
the applicants and residents to the hearing and requested that everyone either
turn off or silence their cell phones.
STATEMENT OF COMPLIANCE
Stated for the record.
ROLL CALL:
Richard
Moore - Present
Thomas Buraszeski - Present
Donald
Kanoff - Present
James Marinello - Present
Deane Driscoll - Present Keith Olsen (Alt #1) -
Present
Kenneth
Shirkey - Present John
Petrozzino (Alt #2) - Present
Gerard
Hug - Present
Also Present: Joseph Burgis, Planner - present
Stanley Omland, Engineer - present
Bruce Ackerman, Esq. - present
PLEDGE OF ALLEGIANCE
Stated for the record
OLD BUSINESS
The following application was
carried with 200’ notice preserved and newspaper notice required to 8/3/11:
ZC6-11 – Dharmakeerthi – 42 Crescent Rd – B:
148, L: 10 – side setback/sides combined/front setback for addition ACT
BY: 9/23/11
PUBLIC HEARING
Chairman Marinello opened the
hearing for public comment. Seeing no
one wanting to be heard, Chairman Marinello closed the public portion.
ZC36-09-7-11 –Marotto, Vincent – B: 71, L: 11 – 15 Millers Ln. – request for a change
in the conditions of the resolution as it relates to storm water management –
Carried w/notice from 6/1/11 – eligible: Buraszeski, Hug, Driscoll, Kanoff,
Moore, Shirkey, Olsen, Petrozzino, Marinello ACT
BY: 9/30/11
Present on behalf of the
applicant: Vincent Marotto & Lisa Marotto, applicants; Matthew Clark, PE
Ms. Marotto, applicant –
previously sworn
Ms. Marotto - Provided a
summary of the changes proposed to the plans since June 1, which was their last
appearance. She indicated that they
decided to revert back to driveway improvements originally suggested by the
board, which includes keeping the existing driveway and installing a K-turn.
Matthew Clark, PE –
previously sworn
Mr. Clark indicated that they
revised the impervious numbers, which represents a reduction in coverage. Applicant has agreed to provide a
contribution to a fund to swap out curb pieces for environmental curbing. The location of K-turn has been turned back
into property in the event there is any future widening to road.
Page 2
6/16/11
Mr. Marinello asked Mr.
Omland to clarify alternatives to dry well due to high water table. Mr. Omland explained to board and public that
despite small increase in run-off, the obligation under design standard is to
provide mitigation. This cannot be
provided on-site. Another means includes
installation of environmental curb pieces in an attempt to provide improved
storm water management to the community.
This cannot be done on site but will be done within the immediate area.
Mr. Burgis indicated that
applicant does not exceed impervious coverage.
The existing driveway is preferred in relation to distance from
intersection as previously proposed.
Chairman Marinello opened
hearing to the public - none
Mr. Shirkey asked Mr. Omland
to confirm that the applicant agrees.
Mr. Hug asked about cost to applicant.
Mr. Omland indicates less than $500.00.
Chairman Marinello asked Mr. Omland to make sure that this addition will
not increase run-off hazards. Mr.
Omland said that this is less than one CFS, therefore it will have minimal if
not unperceivable impact. This area is
low lying and has existing drainage issues. Mr. Ackerman asked whether any
driveway would be located on Millers
Lane. Mr.
Clark indicated that no change will be done to the driveway existing on Millers
with the exception of the K-Turn. Mr. Buraszeski
asked how often this type of curb swapping occurs. Mr. Omland said Mr. Barile, Township
Engineer, would know better how often, but this should be encouraged if the
applicant cannot provide on-site mitigation and it is an environmental benefit.
Chairman Marinello closed the
public portion of hearing and asked board for input or motion. Mr. Buraszeski is in favor, but asked board members
for thoughts on curb-swapping. Mr. Hug
feels $500 is not too onerous to request.
Chairman Marinello feels it is a reasonable condition.
Mr. Marinello complemented
applicant on making efforts to conform to the board’s suggestions.
Motion to approve application
as presented with condition of contribution not to exceed $500 for
curb-swapping to mitigate storm water impact due to high water table on motion
made by: Buraszeski; Second by: Hug; Roll call: Yes - Buraszeski, Hug,
Driscoll, Kanoff, Moore, Shirkey, Marinello
MINUTES:
Minutes of June 1, 2011
Eligible: Buraszeski, Hug, Driscoll, Kanoff, Moore, Shirkey, Olsen, Petrozzino,
Marinello
Motion
to approve made by Buraszeski, seconded by Driscoll; Roll call: Yes - Buraszeski, Hug, Driscoll, Kanoff, Moore, Shirkey, Olsen, Petrozzino,
Marinello
INVOICES:
Pashman Stein – Trust for:
$317.25
Burgis Assoc. – Trust for:
$270, $742.50, $270, $506.25, $135
Omland Engineering - Trust
for: $506.25, $67.50, $337.50, $270, $337.50, $540, $405
Anderson & Denzler –
Trust for: $140
Motion to approve made by Kanoff, seconded by
Driscoll; Roll call: Unanimous
RESOLUTIONS
ZC33-08 - Fille - B: 106, L: 8 - 19 Redding Pl.
– request for 1 year extension to 6/2/12 - GRANTED
Motion to approve made by
Buraszeski, seconded by Driscoll; Roll call: Yes - Buraszeski, Hug, Driscoll,
Kanoff, Moore, Marinello
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CORRESPONDENCE
NONE
Mr. Marinello and Dr. Kanoff
left the meeting. Dr. Kanoff recused himself from the following application.
Mr. Buraszeski assumed the
chair.
ZSPP/FCD25-06-05-09 Lake Valhalla Club – Vista Rd. – B: 11, L: 29 - preliminary/final site
plan/Use & Bulk relief and design waivers
– first hearing 11/4/09, carried
with notice from 12/1/10, 3/2/, 4/6/11,
5/4/1, &6/1/11 – Eligible:
Buraszeski, Driscoll[1],
Hug[2],
Kanoff, Moore, Shirkey , Olsen[3],
Petrozzino ACT
BY: 6/17/11
Present
on behalf of the applicant: Steven Schepis, Esq.; Carl Schafer, resident; Perry
Bonadies, General Manager; Adrian Humbert, PP, Planner.
Mr. Schepis indicated that he
submitted two documents prior to this evening’s hearing including insurance and
roster of members. Mr. Schepis stated
that the Construction Official did an inspection on the 2nd floor of
the clubhouse and there were no improvements done that the Township did not
know about. Mr. Ackerman asked that Mr.
Schepis have his witnesses discuss the exhibits so that they may be entered
into the record. Mr. Schepis stated that
the tent did not need a construction permit and the Construction Official had
given him the regulations about the tent being allowed to stay up 180 days a
year. The tent was there in 2006 when
the applicant came for site plan approval but was not shown on the site plan.
Carl Schafer – 7 Hathaway Lane –
presented as fact witness – sworn
Mr. Buraszeski asked Mr.
Schepis what Mr. Shafer was testifying as.
Mr. Schepis indicated that the witness was testifying as a resident. Mr. Schepis asked about Mr. Schafer’s
residence’s vicinity to the ball field.
Mr. Schafer indicated that he moved to the area due to the lake and the neighborhood. Mr. Schafer indicated that he is a member of
the club. Mr. Schafer indicated that he
knew that the club hosted weddings prior to moving into the neighborhood and
indicated that members are still able to use the facility during weddings and
other events. Mr. Schafer indicates that
parking on the ball field is preferred, in his opinion as a resident, and a
better alternative than parking on the street.
Additional overflow parking is along the tennis courts from his
experience.
Mr. Buraszeski opened the
meeting to the public for this witness.
Mr. Hug asked the witness what problems he has
experienced during weddings. Mr. Schafer
indicates that parking along the street is an issue. Mr. Moore asked if Mr. Schafer has had to
call the police. Mr. Schafer stated that
he had to call the police twice when people parked in front of his
driveway.
Mr. Mann, attorney for
objectors, asked Mr. Schafer if he has another home. Mr. Shafer indicated he had a boat down the
shore that he spends about 9 weeks out of the year at.
Mr. Bauman, Lake Shore Drive
and previously sworn, asked Mr. Schafer how long he lived on Hathaway. Mr. Schafer indicated he has lived there for
six (6) years. Mr. Bauman challenged the
credibility of the
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6/16/11
witness. Mr. Buraszeski reminded Mr. Bauman that
questions only were allowed during this portion and that Mr. Bauman will have
an opportunity to present comments at a later time.
Karen Quinn – 8 Hathaway Lane-
sworn
Ms. Quinn made statements
regarding Mr. Schafer not caring what occurs in the neighborhood since he
spends a lot of time out of town. Mr.
Ackerman reminded her that this was the time for questions and comments will be
allowed later in the proceedings.
Ken Nemeth – previously
sworn. Asked Mr. Schafer if his wife or
children participate on any Club teams.
Mr. Schafer said they do not. Mr.
Nemeth asked Mr. Schafer if he was aware that people from out of Montville participate in
organized sports at the Club. Mr.
Schafer said he was not aware of this.
Mr. Schepis called Mr. Perry Bonadies
as a witness.
Mr. Bonadies, General Manager
of the Lake Valhalla Club– sworn.
Described duties including
overseeing day-to-day operation of Club since 1987. Mr. Bonadies testified that a large kitchen was
necessary for an a la carte restaurant.
The improvements to the restaurant, which were previously approved by
the board, then allowed for more efficient service. The Club requires a lot of upkeep (e.g. dam,
water quality, repair of buildings).
Mr. Schepis presented exhibit
A-13 as copy of roster that lists approximately 400 families, 1,582 members
total, with addresses. Members come from
a variety of communities in addition to Montville
(i.e. Boonton, Rockaway). 93% of
membership is residents of Montville. In actual numbers, 374 families live in Montville, 27 do not reside in Montville.
The exhibit also shows that there has been an increase in a la carte
dinners being served over the past ten years.
Mr. Bonadies. The Club provides a
monthly newsletter that announces the social functions. Summer is an important time for membership
usage. Activities included in the
newsletter are restricted to members.
Functions are held to offset cost of membership, for example Saturday
night weddings. Some weddings occur
Sunday, but most are on Saturday.
Mr. Schepis asked Mr. Bonadies
to testify as to parking situation. Mr. Bonadies
replied that the softball field is needed for Memorial Day, beach party and
Labor Day. If a wedding occurs, the
majority of parking for guests is in the main parking lot. Even with 270 people, 30 or 40 cars park and
the rest use shuttle services. If there
is overlap with members, it is for a short amount of time. Employees used to park across the street and
now park by the maintenance garages due to disturbances to neighbors. The exhibit also shows the amount of weddings
and bar mitzvahs. Mr. Bonadies testified
that years ago there were more weddings taking place on the property than
currently due to the increased usage of the Club by members, which has caused
Mr. Bonadies to reduce the number of weddings.
The average number of attendees is 120 for a wedding.
Mr. Schepis requested that
Mr. Bonadies to explain the $1500 auxiliary membership. Mr. Bonadies indicated that the auditors
recommended that the auxiliary membership be formed to maintain the non-profit
status of the Club. These are extended
to those wishing to have weddings, for example, at the Club. The auxiliary membership is a limited
membership allowing privileges to the restaurant and bar. Mr. Bonadies
testified that very few of the auxiliary members visit the restaurant. Currently there are 58 auxiliary
members. The membership lasts for a year
and then must be renewed.
Mr. Schepis asked Mr. Bonadies
to testify as to the insurance coverage provided to the Club. Mr. Bonadies indicated that this handout accurately
reflects the insurance held by the Club.
Marked as Exhibit A-14.
Mr. Schepis asked Mr. Bonadies
to testify about the purchase of the tent structure erected on the property
attached to the club building. Exhibit
A-15 is letter from Brian Laird,
Construction Official, and receipt of purchase of tent. Mr. Laird indicated that tent did not require
a building permit, based on certain conditions. The structure is permanent, but
the tarp is temporary and is removed during winter months.
Page 5
6/16/11
Mr. Schepis asked Mr. Bonadies
to indicate on the plans the location of the bridal suite. Mr. Bonadies indicates that is it located
over the main entrance and not connected to the offices. Must be accessed through main ballroom. Room is 10’ x 20’ in area. The refurbishment of the bridal suite
consisted of new wallpaper, but it was not expanded in any way. Most brides do not use to get ready. 80% of the use of the area is for bands or
DJs to perform.
Mr. Schepis asked Mr. Bonadies
to testify as to the modifications of the cottage proposed. Mr. Bonadies indicated that bathrooms are
needed and this is where they would be located.
Mr. Schepis asked Mr. Bonadies
to testify as to use of ball field for parking.
Includes the three holidays, particularly Memorial Day, Labor Day and a
beach party. Mr. Bonadies indicates that
parking is organized and no issues based on his knowledge have occurred. He would be willing to have a police officer
direct traffic. Additional parking would
be on the east side near the paddle courts, but not beyond the Crooked
Brook. The Grove would also provide
overflow, but Mr. Bonadies would accept as a condition to limit parking to
employees or valet parking.
Mr. Schepis asked Mr. Bonadies
to testify as to the other elements on the property. Mr. Bonadies testified that patios have been
added and improved for safety and uniformity to make ground more even. Snack facilities are leased to vendors. Bathrooms are needed near this snack
area. The guard / gate house is
important to replace the existing temporary table and umbrella for
check-ins. It would accommodate security
guard or valet and provide shelter.
Mr. Schepis asked Mr. Bonadies
to testify as to staff. Mr. Bonadies
testified that full maintenance staff totals 10; 20 in kitchen staff; 25 to 30
wait staff (in total, work in shifts); and security staff May to November to
walk grounds.
Mr. Schepis indicted that he
concluded the witness’s testimony.
Mr. Buraszeski opened up the
question to the professionals. Mr.
Burgis asked Mr. Bonadies if he is willing to limit the number of weddings to a
specified amount. Mr. Bonadies indicated
that in his opinion there would be little impact from weddings if increased
over time since he feels the number of dinners has the largest impact in terms
of business of Club. Mr. Burgis advised
the board to explore the impact on neighborhood of a certain cap on number of
weddings.
Mr. Buraszeski opened up
questioning to the board. Mr. Petrozzino
asked the purpose of the auxiliary membership and in particular weddings is to
offset cost of any increase in membership and if any income is retained. Mr. Bonadies indicated all the money goes
back into the club, we use the money toward maintenance, the dam, housing
grounds, roofs, etc.
Mr. Olsen asked about parking
and where guests are directed to park.
Mr. Bonadies responded that the parking is at the main lot. Mr. Olsen
indicates that there should be a plan if the main lot is full due to member
events. Is the tent up for less than 180
days a year? Mr. Bonadies: Yes. Mr. Olsen asked about the number of events
and how they have increased over time.
Mr. Bonadies agreed that the 50% increase per year is a trend. Mr. Bonadies indicated that as membership
grew, so did expenses, and the number of weddings were increased as membership
grew to offset membership fees. Mr.
Olsen: Do improvements to property allow
for more events at club? Mr. Bonadies:
No.
Mr. Moore asked the witness
about the decision-making process for the installations to date done without
approval. The witness responded that he,
in concert with the board, make decisions as to physical improvements. The kids snack area was muddy so we made it
safer by putting a stone wall up so they would stay away from the grill
area. Volley ball courts were moved and
did not know that a permit was required; we had a septic system that needed to
be removed. Mr. Schepis - The court was
shown on the
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2006 site plan as big sand
area. Mr. Bonadies – There were existing
fences that were made 1 ½’ higher for safety purposes. The lifeguard house was moved because it was
in front of the club, it was unsightly and animals were living in it. It was moved closer the water. Added concrete wheel stops to stop the
members from parking on the grass. By
the brook the railroad tie wall existed; we replaced it to clean it up. Mr. Moore
– You have made a lot of improvements that you should have come to the Township
for approvals.
Mr. Bonadies – There will be
a microwave and a small fridge in the cabin.
No major cooking proposed. Mr.
Buraszeski – For the auxiliary members does the $1,500 come off the price of
the wedding or event. Mr. Bonadies –
Yes. Mr. Buraszeski – You leave the
frame of the tent up currently? Mr. Bonadies
– Yes.
Mr. Buraszeski – Do you
benefit financially with more large parties.
Mr. Bonadies – The Board will give me a bonus if I do more social
events. Mr. Ackerman – You testified
before you complied with the conditions of the Construction Official as it
relates to the tent.. Mr. Bonadies - Yes.
Mr. Ackerman – The condition states that the tent not be left up more
than 180 days a year and did you not just testify that you leave the frame
up? Mr. Bonadies – Yes. Mr. Ackerman - Did you understand that a
temporary structure means that the structure is to be removed? Mr. Bonadies – We will do that in the
future. You could not see the framing
but if that is one of the conditions then we will comply. Mr. Ackerman – So the conditions are not met
per Mr. Laird’s memo. Mr. Ackerman – How
many weddings in October and what are the hours? Mr. Bonadies - 15 weddings, 2 on a Saturday
11:30am-5pm and 6pm-11pm. Mr. Ackerman –
2 on Sunday? Mr. Bonadies – No, 1 on
Sunday, occasionally 2 during September and October. Mr. Ackerman – So how do you get 15 in a
month? Mr. Bonadies – 5 weekends in
October.
Mr. Ackerman – Did you change
your certificate of incorporation for 400 families since the by-laws allowed
for 325 members? Mr. Bonadies –
Yes. Mr. Ackerman – Did you ask for a
variance to increase your membership.
Mr. Bonadies – No. Mr. Hug – How
many staff members are on site during a wedding. Mr. Bonadies – About 15 for weddings, a lot
more required for ala carte dinners. Mr.
Bonadies – As a general practice we do not do daytime weddings in the
summer. Mr. Hug – Where do the staff
park? Mr. Bonadies – By the maintenance
garage and going towards the snack bar towards the dam. Mr. Shirkey – You were concerned with
building permits for the tent structure when you have to drop $16,000. Everything you do to a structure that is
commercially operated needs a permit.
Mr. Shirkey – There is no food preparation at the cabin? Mr. Bonadies – No, it is not planned to be
used as a snack bar.
Mr. Bonadies - Saturday
during the day is not a busy time at the club compared to Sunday and during the
week. Mr. Shirkey – Where do you see the
club in 10 years? Mr. Bonadies – Exactly
where it is today, the members do not want to increase the membership. Mr. Shirkey – Would like the balance of
parties from the auxiliary membership list.
Mr. Schepis – So you want a complete list of all the parties from
2010-2011 with the type of membership shown.
Mr. Hug – So the auxiliary membership fee is a deposit. Mr. Bonadies – It is shown on the bill as a
membership fee, I could inflate the pricing to receive the $1,500 either
way.
Discussion ensued on the
impervious coverage. Mr. Schepis
indicated that the applicant’s Planner will deal with that issue. Mr. Buraszeski – Your 2006 approval requires
valet parking and now you say that Lt. Peterson does not require valet parking,
are you requesting relief from that condition?
Mr. Schepis – Lt. Peterson agreed to an officer to be placed on site to
help guide people during the 3 large events during the year and it worked
during Memorial Day weekend. Mr.
Buraszeski – Do you do valet at other large events? Mr. Bonadies – On some of them but most do
not need valet parking.
Open to public
Josh Mann, Esq. – Do you
receive commissions for weddings? Mr. Bonadies
– Nothing in the contract, but I guess I could.
Mr. Mann – Have you received any commissions for any weddings? Mr. Bonadies – Yes.
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6/16/11
Mr. Mann – When someone wants
to do a wedding how does it work? Mr. Bonadies
– I become the wedding planner. Mr. Mann
– Do any members of the board have relatives that are vendors on your vendor
list? Mr. Bonadies – No we try to stay
away from that. Mr. Mann – Is there a
hard and fast time set to end a wedding?
Mr. Bonadies – Yes it is in the contract. Mr. Mann – Can the time be extended for a
fee? Mr. Bonadies – Yes but it does not
happen often. Discussion ensued on
recent events of more than 60 people. A
list will be submitted to the board. Mr.
Mann – The reason for the weddings is to keep the membership dues down. Mr. Bonadies – It is one of many reasons.
Dennis O’Brien – previously
sworn
When is the current usage of
high numbers of weddings compared to?
Mr. Bonadies – In the 1990s we had a high number of weddings before the
kitchen was improved. Mr. O’Brien – Then
if you could handle the same number of weddings, why expand the kitchen? Mr. Bonadies – We did it for the
members. Mr. O’Brien – Do the house
members pay the same amount as the auxiliary members? Mr. Bonadies – No the house members pay
additional monthly fees. Mr. O’Brien –
Do you agree that the auxiliary membership really is not a membership of the
club. They do not share in the same
privileges as the house members and they only use the club once for the year
for their event. Mr. Bonadies – When you
put it that way then yes. Mr. O’Brien –
If you use the club for non-members for more than 15% of the revenues you are
in violation of your non-profit status.
Mr. Bonadies – I have people above me that say we are not in
violation. Mr. O’Brien – Do you realize
that the club cannot hold it out for goods and services to the general public
or you are in violation of the non-profit status. You indicated earlier that you advertise to
the general public for weddings and parties.
Mr. Bonadies – That is not my line of expertise.
Ken Nemeth – previously sworn
Does your insurance cover
pollution? Mr. Bonadies – Will get back
to you on that. Mr. Nemeth – Underneath
the gravel from the garbage area to the road what was there? Mr. Bonadies – There was nothing under the
gravel, it’s not paved and we have not dumped gravel down there in at least 24
years. Mr. Nemeth – What was the dump
trucks doing there this weekend? Mr. Bonadies
– They were fixing potholes in the parking lot.
Donald Bauman – previously
sworn
Have you received the
violation that the paddle ball court lights are on past 10pm? Mr. Bonadies – I have received 1
complaint.
Gladys Nemirow – previously
sworn
The club was not falling
apart when you came. Mr. Bonadies – When
I said falling apart, I was discussing the interior. Ms. Nemirow – The interior was done before
you got there. Ms. Nemirow – Since the
restaurant was open Saturday night was always the busiest night. Does the bar make money? Mr. Bonadies – Some money, but its relative,
the bar is only open a few days a week and not open to the public. Ms. Nemirow – We were under the understanding
that the bar did not make money.
Diane List – previously sworn
Did you say the staff would
not park in the grove? Mr. Bonadies –
No, I would like them to park in the grove.
Ms. List – Will there be lighting?
Mr. Bonadies – We would like lights if there is parking in the grove,
would like employee parking in the grove and valet parking 3 times a week on
occasion. Ms. List – I do not want
parking in the grove.
The application was carried
with notice preserved to the 7/6/11 agenda with an extension of time to
8/31/11.
NEW
BUSINESS
None
Page 8
6/16/11
OTHER BUSINESS
Planning
Board Liaison Update – Mr. Driscoll
The
Home Depot received a notice of violation for storage of product in front of
the store.
There
being no further business the board unanimously adjourned.
Respectfully submitted,
Jane Grogaard, Recording Secretary
Certified true copy of minutes adopted at Zoning Board
meeting of July 6, 2011.
_______________________________________
Meghan Hunscher,
Sec.
[1]
Certified to 5/4/11 hearing
[2]
Certified to 3/2/11 & 4/6/11 hearings
[3]
Certified to 3/2/11 hearing
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