Township of Montville

MONTVILLE TOWNSHIP PLANNING BOARD

7:30 PM Start

195 Changebridge Road, Montville Municipal Building

MINUTES OF THURSDAY JULY 28, 2011

No New Business to be Conducted Past l0: 00PM

Chairman Lipari welcomed the public and applicants to the Montville Township Planning Board hearing of July 28, 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

Board Members:

Mr. Maggio (AE)                      Mr. Karkowsky (AE)

Mr. Sandham - present              Ms. Nielson - present                             

Mr. Lipari - present                   Mr. Lewis - present

Mr. Hines (AE)                         Mr. Speciale (alt#1) - present

Mr. Visco - present                   Mr. Tobias (alt#2) - present

Mr. Canning - present

Board Professionals: 

Board Attorney:                        Michael Carroll, Esq. - present

Board Engineer:            Stanley Omland, PE, Omland Engineering – present (entered at 7:40 pm)

Board Planner:              Joseph Burgis, PP, AICP, Burgis Associates - present

Township Staff:

Principal Planner / Secretary:     Meghan Hunscher, PP AICP - present

Recording Secretary:                 Liz Johansen - present

SWEARING IN OF PROFESSIONALS

COMMITTEE REPORTS

SECRETARY’S REPORT

Ms. Hunscher reminds the Board members that the August 11 meeting is cancelled and there is no scheduled second meeting in August. 

BOARD DISCUSSION

Mr. Speciale questioned what the earth moving equipment located at GI Auto is for.  Ms. Hunscher was unsure and will follow up with them. 

PUBLIC DISCUSSION

Chairman Lipari opened the meeting to the public.  Seeing no one wishing to be heard, he asked for a motion to close.

Motion to close: Mr. Lewis

Seconded by: Mr. Speciale

PLANNING BUSINESS

Resolution 02-11 - Public hearing for Master Plan - “Open Space Update – Trails Plan.”  Presentation by The Land Conservancy of New Jersey.

Chairman Lipari read a statement into the record.  Mr. Lipari thanked the Open Space Committee and the Land Conservancy of NJ for all their hard work. 

Kathleen Caccavale PP planner with the Land Conservancy of New Jersey gave a brief overview.  The amendments that the Planning Board wanted were completed.  She indicated that memos were handed out to outline goals of plan.  Mr. Conklin and Mr. Brewer thanked the Planning Board. 

Chairman Lipari opened to public comment and seeing no one wishing to be heard closed to the public.

Chairman Lipari opened to board comment.  Mr. Lewis indicated that the master plan subcommittee met to align the plan with the on-going master plan effort and recommend that the full board adopt the plan with the recommended changes indicated in the July 28 memo. 

Open to public

Close Public

Chairman Lipari asked for a motion to approve. 

Motion made by: Mr. Canning

Seconded by: Mr. Visco

Motion to approve plan made by: Mr. Lewis

Seconded by: Mr. Sandham

Unanimously approved by the board for inclusion into the Master Plan

WAIVERS

PMISC11-27 Canilla, Anthony – 170 Changebridge Rd. Suite A4-1– B: 139.3, L: 6 – owner to owner transfer of dentist office – hours of operation 9am-5pm Mon; 10am-7pm Tues & Thurs; 9am-6pm Wed; 8am-2pm Fri & Sat – 7 employees

Motion to approve by: Mr. Lewis

Seconded by: Ms. Nielson

Approved as presented with no conditions

PMISC11-28 Bramwell, Julia – 170 Changebridge Rd Suite A5 – B: 139.3, L: 6 – pediatric office (800 s.f.) – 9am-5pm Mon-Fri – 3 employees

Motion to approve by: Ms. Nielson

Seconded by: Mr. Visco

Approved as presented with no conditions

PMISC11-29 United Refrigeration, Inc. – 30 Chapin Rd. Unit 1211 – B: 183, L: 7.1 – office (1,455 s.f.)/warehouse (6,045 s.f.) – wholesale of parts & equipment  to HCAC/R contractors – hours of operartion 7:30am-5pm Mon-Fri – 3 employees – 1 box truck deliver per day - signage in compliance with approved theme (First Industrial)

Motion to approve by: Mr. Lewis

Seconded by: Mr. Speciale

Approved as presented with no conditions

PMISC11-30 Pitney Bowes – 43 Rt. 46 Suite 706 – B: 183, L: 6 – office for administrative sales, repair for office equipment – hours of operation 8am-5pm Mon-Fri – 10 employees – Fed Ex/UPS deliveries once a day - signage in compliance with approved theme (First Industrial)

Motion to approve by: Ms. Nielson

Seconded by: Mr. Visco

Approved as presented with no conditions

PMISC11-31 Vivint, Inc – 16 Chapin Rd. Unit 906 – B: 183, L: 7.2 – office (1,141 s.f.)/warehouse (4,594 s.f.) residential solar power sales and installation company – 10 employees – hours of operation 8am-6pm Mon-Sat – daily Fed Ex deliveries and 10 trailers a month – signage in compliance with approved theme (First Industrial)

Motion to approve by: Mr. Lewis

Seconded by: Mr. Speciale

Approved as presented with no conditions

PMISC11-32 Storehouse Windows & Doors, Inc. – 33 Jacksonville Rd. – B: 41, L: 43.1 – office/warehouse/showroom/light assembly/finishing for windows & doors – 5 employees – hours of operation 7am-7pm Mon-Sat - 1 cubed van and 1 pickup truck to be parked overnight behind building – signage requested, no details submitted

Mr. Schepis states that the tenant will replace the bottom portion of the sign.  Pastor Lanno states that the warehouse will only be used for storage because of insurance purposes.  If customers need to look at product, the doors and windows will be brought up to the foyer area.  Mr. Lewis would like to see parking and lighting specs. 

Motion to approve made by Ms. Nielson and seconded by Mr. Tobias, with the condition that the parking and lighting will be inspected by a Planning Board professional or Subcommittee. All in favor by voice vote.

PMISC11-33 Living Water Tabernacle, Inc. – 33 Jacksonville Rd. – B: 41, L: 43.1 – office and church assembly – hours of operation office:9am-5pm Mon-Sat; assembly 9am-3pm Sun and possible mid week service & prayer 7pm-10pm – 3 employees – signage limited to lettering on front door

Mr. Schepis states that they will have Sunday service and evening prayer services in the warehouse area plus 4 office workers. 

Mr. Lewis, Mr. Lipari, Mr. Burgis and Mr. Omland all agree that the Planning Board should require a minor site plan.  There was also concern that the church would be eligible for tax exemption.  Mr. Schepis states that the tenant is not the property owner so this is not the case.  Mr. Carroll states that this is correct.  Mr. Lewis suggests that they amend the waiver application to state only office space and come back to the Planning Board with a minor site plan for the Assembly.  Mr. Schepis and the tenant agree.

A motion was made to approve the amended application to not include Assemby was made by Mr. Sandham and seconded by Mr. Lewis. All in favor by voice vote.

Appearing for the application:  Steve Schepis, Esq.

Indicates applicant would like to occupy 2500 sf of 5000 sf section (1 of 3, 5000 sf sections to total 15,000 sf) in building.  Signage exists and would like to place sign on existing sign and replace existing Kinoton America slot. Total of 44 parking spaces.  Loading bay exists.  Screened from street by evergreen row.  Building approved in 1982 for site plan. 

Chairman Lipari opened up to board comment and questions.

Ms. Nielson asked if the property would be tax exempt with a church as a tenant.  Mr. Schepis said and Mr. Carroll confirmed that this only applies when the land is owned by the church. 

Mr. Lewis asked that this invites more patrons, especially after night fall.  The use in his opinion has changed from purely manufacturing to a showroom where patrons may visit.  He is suggesting a minor site plan that addresses parking and handicap accessibility, buffering, etc.

Mr. Burgis indicates that the combination of uses does warrant review as part of minor site plan.

Mr. Omland encourages the board to review sites by default for site upgrades.  He indicates he used to do this and review waivers to identify potential issues.

Mr. Schepis asked Chairman Lipari to consider a site visit by board members in lieu of minor site plan. Chairman Lipari needs more investigation.

Chairman Lipari asked the board for their opinion.  He is in favor of requiring a minor site plan.  Ms. Nielson asked about the size of the showroom.  Denise Lanno indicates that she sells mainly to contractors and she does not let customers into warehouse for insurance purposes.  She indicates that she only wants to use the space for the church on an interim basis because current location at United Methodist Church does not have air conditioning. 

Mr. Lewis needs confirmation that the site is in adherence to original site plan approval, parking lot is lit, and landscaping is sufficient.  No parking analysis has been done and there may be a potential conflict in parking.  Chairman Lipari asked for motion to approve with conditions indicated above.  Ms. Hunscher will contact Mr. Schepis for escrow for Mr. Omland to review site conditions. 

PMISC11-33 Living Water Tabernacle, Inc. – 33 Jacksonville Rd. – B: 41, L: 43.1 – office and church assembly – hours of operation office:9am-5pm Mon-Sat; assembly 9am-3pm Sun and possible mid week service & prayer 7pm-10pm – 3 employees – signage limited to lettering on front door

Appearing for the application:  Steve Schepis, Esq.

Mr. Schepis indicates that this is a small membership and primarily from area.  45 people on a Sunday with services 2 to 3 hours.  Currently located in the Methodist Church.  15 cars maximum primarily families. Assembly looking for property in Montville and hope to build a church in town within a year.  Church around for ten year originally in Fairfield. 

Chairman Lipari requested Mr. Burgis’ opinion and Mr. Burgis indicated that he could review the application informally through the subcommittee. Pastor Lanno indicates that the church was originally located in Fairfield and since that growth has been incremental and is currently at 45 members.  Mr. Omland indicated that he knows this occurs in other towns and that the church will most likely not be experiencing explosive growth at this location based on testimony from Pastor Lanno.  Ms. Nielson asked if baptisms or weddings would be held here and Paster Lanno said no.  The Mayor has concerns about the hours for a mid-week service due to lighting issues.  Mr. Lewis indicates that he cannot support this as a waiver due to the requirements in the ordinance.  Mr. Canning agreed that he does not want to set a precedent by granting a waiver where a site plan is required. 

Mr. Schepis asked if the waiver could be limited to office space for the church.  Chairman Lipari requested input from the board.  Mr. Lewis said he is amenable to the office.  He recommends amending waiver application to limit to office and eliminate assembly.

INVOICES

There were no invoices before the board.

RESOLUTIONS

Approval Resolution:  PMS/C11-06 Freedom Group – 2 Changebridge Rd. – B: 41, L: 1 – minor site plan with variances for signage.  Eligible: Mr. Hines, Mr. Karkowsky, Mr. Lewis, Mr. Lipari, Mr. Maggio, Ms. Nielson, Mr. Sandham, Mr. Visco 

Motion to approve by: Ms. Nielson

Seconded by: Mr. Sandham

Approved as presented

CORRESPONDENCE

There is no correspondence to discuss.

MINUTES

Planning Board Hearing – July 14, 2011 Eligible: Mr. Hines, Mr. Karkowsky, Mr. Lewis, Mr. Lipari, Mr. Maggio, Ms. Nielson, Mr. Sandham, Mr. Visco          

Motion to approve by: Mr. Visco

Seconded by: Ms. Nielson

Approved as presented

Master Plan subcommittee meeting - July 14, 2011 (7:00 p.m.)  Eligible:  Mr. Lewis, Mr. Lipari, Ms. Nielson, Mr. Visco, Mr. Karkowsky

Motion to approve by: Ms. Nielson

Seconded by: Mr. Visco

Approved as presented

Master Plan subcommittee meeting - July 25, 2011 (8:00 a.m.) Eligible: Mr. Lewis, Mr. Lipari, Ms. Nielson, Mr. Visco

Motion to approve by: Mr. Lewis

Seconded by: Ms. Nielson

Approved as presented

LOI/DEP NOTIFICATIONS

Dell Property - B. 39, L. 67.02, 68, 69, 70.  – Mr. Omland asked whether there was a plan attached to the NJDEP application. Ms. Hunscher indicates that there was not, but states that Boswell Engineering submitted a concept plan.  She will attempt to locate it and reach out to Mr. Boswell about same.

LEGAL/LEGISLATIVE UPDATES

None

OLD BUSINESS 

There is no old business before the board.

NEW BUSINESS

There is no new business before the board.

CONCEPTS

There are no concepts before the board

ADJOURNMENT

There being no further business to discuss, on a motion made by Mr. Sandham, seconded by Ms. Nielson, the meeting was unanimously adjourned at 8:56 p.m.

Respectfully Submitted,

Liz Johansen, Recording Secretary

_______________________________________

Meghan Hunscher, Sec.