MONTVILLE TOWNSHIP PLANNING BOARD
7:30 PM Start
195 Changebridge Road, Montville Municipal Building
MINUTES OF SEPTEMBER 8, 2011
No New Business to be Conducted Past l0: 00PM
Lipari welcomed the public and applicants to the Montville Township Planning
Board hearing of July September 8, 2011 commencing at 7:30 p.m. and asked that
all present please turn off all cell phones during the proceedings.
PLEDGE OF ALLEGIANCE - performed
STATEMENT OF COMPLIANCE- read by Ms. Johansen
ROLL CALL - taken by Ms. Johansen
Mr. Maggio - absent Mr. Karkowsky -
Mayor Sandham - present Committeewoman Nielson -
Chairman Lipari - present Mr. Lewis, Vice Chairman (AE)
Mr. Hines - present Mr. Speciale (alt#1) - present
Mr. Visco - present Mr. Tobias (alt#2) (AE)
Mr. Canning (AE)
Board Attorney: Michael
Carroll, Esq. - present
Board Engineer: Stanley
Omland Engineering - present
Board Planner: Joseph
Burgis, PP, AICP, Burgis Associates - present
Principal Planner /
Secretary: Meghan Hunscher, PP AICP -
Recording Secretary: Liz
Johansen - present
SWEARING IN OF PROFESSIONALS - performed by Mr. Carroll
Board of Adjustment
Mr. Lewis is absent.
Board of Health
Ms. Tobias is absent.
Mr. Canning is absent
Water & Sewer
Mr. Maggio is absent.
Historic Preservation Commission
Mr. Visco indicated that
the HPRC met on Monday and there was nothing of note.
Design Review Committee
The DRC convened at the end
of July to review Mr. Romola’s application, which is before the BOA. The DRC did not convene in August.
Russ Lipari Chair, Ladis Karkowsky, Deborah Nielson, & John Visco
Chairman Lipari reports
that the Site Plan Committee convened on August 24 and September 8 to discuss
waiver applications. Mr. Lipari
indicated that 51 Stiles has a prospective buyer - a luggage warehouse -
Sandham, Tony Speciale
Open Space Committee
Karkowsky, Russ Lipari, Deb Nielson
& Jim Sandham
Master Plan/COAH 3rd
Karkowsky, Russ Lipari, Deborah Nielson, Gary Lewis & John Visco (alt)
Chairman Lipari reports that
the Master Plan subcommittee met on July 28, Aug 10, and Sept 7 to discuss
revisions to the zoning ordinance, including the streetscape ordinance.
Cross Acceptance Committee
Highlands Legislation Review Committee
Mr. Lewis is absent.
Fire Department Districts
Russ Lipari – Towaco;
Tony Speciale for Pine
Maggio for Montville
Mr. Lipari has no
report. Mr. Speciale states that 60
homes were pumped out and assisted with evacuations. Mr. Maggio was absent.
Ms. Hunscher reports that the
BOA heard two residential applications in August. The Lake Valhalla Club did not appear in
August and subsequently withdrew its application prior to the September
Discussion re: Tree Fund
Ms. Hunscher indicated that
she has had discussions with Chairman Lipari, the Chair of the Environmental
Commission, and Mr. Mazzaccaro, Director of the DPW, and they are all
supportive of a dedicated tree fund to support the planting of new trees within
Montville. The funding source will be, at least
initially, from fees collected for tree removal permits. The Environmental Commission has also
reviewed the ordinance and will be providing further suggestions.
Ms. Hunscher reports that two
members have resigned due to relocation out of town.
***On a motion made by Ms.
Nielson and seconded by Mr. Speciale, the Planning Board approved the tree
Mr. Karkowsky expressed
disappointment at the Township Committee for voting against the residential
development fee ordinance. He
acknowledged that Mayor Sandham and Ms. Nielson were supportive of the
efforts. Mr. Lipari concurred. He wished that there would have been guidance
from the Committee as to which direction to proceed. He cited a letter from the Committee dated
March 2007 when Ms. Nielson was mayor, indicating that the Township Committee
supported the Planning Board efforts in this regard. There was no indication subsequent to this
letter that the Committee would proceed in a different direction. Mr.
Burgis indicated that the affordable housing obligation will not go away
despite the abolition of COAH. He
indicated that it is unlikely that the rehabilitation obligation will be
removed as part of the formula to provide affordable housing. Mr. Burgis indicated that if a fee ordinance
is not approved, other means either through the general fund or potentially
through grants to fund the rehabilitation component.
Chairman Lipari opened the
meeting to the public for comment on any item not on the agenda. Al Puleo appeared representing the Lake
Valhalla Club. He is requesting whether
the Lake Valhalla Club could have input on the development of the ordinance
draft. Mr. Lipari indicated that he
would have an opportunity to participate during the public session.
**Note: Mr. Maggio
Mr. Hines asked how many
members belonged to the Club. Mr. Puleo
indicated that 400 families were members for a total of 1600 individuals.
There was no Planning
Business to come before the board.
There are no waivers to come
before the board.
Omland Engineering – Trust
for: $607.50, $67.50
Burgis Assoc – Trust for:
Anderson & Denzler –
Trust for: $140
Michael Carroll, Esq. – Trust
for: $67.50. $405, $472.50, $33.75, $67.50
On a motion made by Mr. Hines , and seconded by Mr. Karkowsky, invoices
unanimously approved as presented.
There were no resolutions to
come before the board.
There was no correspondence
to come before the board.
Planning Board Hearing – July 28, 2011 To be voted on at September
22, 2011 meeting.
is no LOI/DEP notifications to discuss.
The Legislation is not in
session as noted by Mr. Carroll.
There was no old business to
come before the board.
PMS/C11-07 – Pizza
Hut - 34 Rt. 46W – B: 176, L: 4.2 – minor site plan with variances - Notice
ACT BY: 12/24/11
application: Mr. Steve Schepis, attorney
for the applicant; Mr. Edward Kloss, applicant / property owner; Michael
Napolitan, licensed architect and planner; Ms. Mia Petrou, PP AICP - planner;
Mr. Kloss, sworn, testified
about history of property. The
application proposes to subdivide the existing Crib City
furniture store to include a take-out Pizza Hut. Mr. Kloss indicates that restaurant in
particular is a good tenant since the Internet is causing furniture stores to
disappear. Mr. Kloss indicates that
parking is sufficient due to non-coincidental peak hours of each establishment.
Mr. Lipari asked if the board
had any questions. Seeing none, he asked
the professionals if they had questions.
Mr. Burgis asked if there is
a recorded document that formalizes the cross-access easement. Mr. Schepis
indicated that there is a document. Mr.
Speciale asked whether Pizza Hut has lunch business. Mr. Kloss indicates there is a small lunch
business for delivery.
Mr. Napolitan, architect, was
sworn in. He presented his credentials
and the board accepted him as an expert witness. He presented a plan set to convert 1100 sf
from retail furniture to take out pizza. Façade changes include one sign. No new doors or windows are proposed. An emergency exit on the west side of the building is proposed. No addition proposed.
Ms. Nielson asked whether
there was any internal seating. Mr.
Napolitan said no.
Exhibit A-1 - photo rendering
of proposed signage on building
Exhibit A-2 - aerial of
property in question
Ms. Mia Petrou, PP AICP,
sworn in, licensed planner in NJ. Ms.
Petrou reviewed her credentials. The
board accepted her as an expert witness. Ms. Petra provided an overview of the property and zoning. Ms. Petrou gave an overview of the proposed
signage as depicted on A-1. She
testified as to the variance proofs required for granting of bulk (c)
variances. In her professional opinion,
the statutory burden is met for the granting of the variances is justified by
both the c(1) and c(2). She indicates
that clear and safe identification of the site is important, necessitating that
the location of the signage, illumination, and size of sign. The public
benefits outweigh any detriments.
Ms. Petrou also testified
about the requested parking variance. She pointed out that there is ample parking in vicinity of the
building. She testified that there is
sufficient parking due to the non-coincident peak parking for each of the uses
on the property.
Mr. Lipari asked if the board
had any questions. Mr. Speciale asked if there is a way to alert customers as
to additional available parking. Mr.
Schepis indicated that this was suggested by the Planning Board subcommittee
and has since been added to the plans.
Mr. Speciale indicated that
at the evening hours there are tractor trailers parked at the rear of the
property. Mr. Schepis indicated that he
will speak with the property owner. Mr.
Speciale also indicated that there is overgrowth of shrubbery that may
negatively impact safety. The applicant
indicates that he needs to speak with Burlington Coat Factory.
Mr. Visco requested that additional
landscaping be added to the site plans to enhance site appearance. Mr. Burgis’ office would provide input.
Mr. Lipari asked the
professionals if they had any questions. Mr. Burgis indicated that the sign must be measured by the entire sign,
including background. His concern is
placement of sign on the wall. Mr. Kloss
indicates that the letters would be channel letters. Ms. Nielson asked that the
applicant place the street address on the signage.
Mr. Omland indicates that the
sign renderings presented are not signed and sealed by a professional. They are prepared by a sign vendor. Mr. Schepis indicates that they are indicated
on the architectural plans. Mr.
Napolitan indicates that the dimensions are on the architectural plans. Mr. Omland has concerns that renderings are
submitted without accuracy as to size. They are also not signed or sealed. Mr. Lipari requests that Ms. Hunscher make sure that any renderings
submitted are signed and sealed by a professional and not a sign vendor.
Discussion ensured regarding
the cross access easement and shared parking arrangement and a need for an
updated agreement. Outcome of discussion
was a provision in the Resolution to indicate that if the easement were to be
voided, the approval would be void as recommended by Mr. Carroll and agreed to
by the applicant.
Mr. Omland discussed the
report prepared by Mr. John Desh, the traffic engineer. He concurred with the findings of the
Mr. Lipari opened the meeting
to the public and seeing none, closed the meeting.
On a motion by Karkowsky,
seconded by Ms. Nielson, application unanimously approved on roll call.
All in favor:
There were no concepts to
come before the board.
being no further business to discuss, on a motion made by Mr. Sandham, seconded by Mr. Speciale the
meeting was unanimously adjourned at 8:47 p.m.
Liz Johansen, Recording Secretary