ZONING BOARD OF ADJUSTMENT
MINUTES OF FEBRUARY 1, 2012
Montville Municipal Building, 195 Changebridge Road
NOTE: No New Business to be conducted past 10:30 P.M.
STATEMENT OF COMPLIANCE
Richard Moore – Present Keith Olsen - Present
Donald Kanoff - Present James Marinello - Present
Deane Driscoll - Present Kurt Dinkelmeyer (Alt #1) -
Kenneth Shirkey - Present John Petrozzino (Alt #2) - Excused
Gerard Hug – Absent
PLEDGE OF ALLEGIANCE
Swearing in of Professionals
The following application was
carried with notice to 3/7/12:
ZMS/D26-09 Mommy & Me – 2 Park
Ave. – B: 39, L: 37 – minor site plan/D variance
for day care center –Carried with notice from 12/7/11 ACT BY: 4/8/12
Minutes of January 4, 2011
Eligible: Driscoll, Kanoff, Hug, Moore, Olsen, Shirkey,
Dinkelmeyer, Petrozzino, Marinello
Motion to adopt made by:
Driscoll; Second by: Olsen; Roll call: Yes – Driscoll, Kanoff, Moore, Olsen,
ZSPP/FD10-11 JCP&L – 9
Changebridge Rd. – B: 59.2, L: 2 – amended site
plan with variance for wall height up to 32’ is required for sound wall –
Approved - Eligible: Driscoll, Kanoff, Hug, Moore, Olsen, Marinello
Mr. Ackerman – The attorney
wanted some minor changes. Name change to add “a FirstEnergy Company”, add
acreage of property as 16.92, add noise ordinance hours day and evening, add
“the midpoint of the” in section 7 3rd sentence. These are acceptable changes.
The board did not find it
necessary to describe the actual heights of the other structures on site in the
The board agreed to change
Mr. Ehrlich’s testimony on page 6, paragraph 8 to say “Mr. Ehrlich states that
the walls have a sound absorbing finish facing the transformer which will
virtually prevent sound from bouncing off the walls and going the opposite
The applicant’s attorney indicated
that the decibel levels should be 46.
The board secretary checked the previous minutes and it indicated 45 was
the testimony. The board indicated that
they want confirmation from the tape what number was testified to. The board would condition any adoption upon
the board secretary confirming the decibel level testified to. The adoption would be at 45 decibels, subject
to such confirmation and then changed if the tape proved to be 46 as the
The board did not change page
6 paragraph 9 as requested by the applicant’s attorney regarding
landscaping. The board did not change
page 7 additional paragraph as requested by the attorney because the
information is already adequately in the resolution.
The board agreed to change on
page 7 paragraph 11from the word “produced “ to the word “transmitted.” Board attorney to add on page 10 paragraph 2
that no tree removal was proposed for this application and none is
The board decided to keep the
condition on grading plan submission requirement, in case the nature of the
project should expand. The provision
notes that the plan is as determined by the engineer. The board decided to keep the condition on
sidewalks, as the board policy has been to require sidewalks in accordance with
the master plan for same. The board
agreed to change page 14, paragraph 22 to read Plans shall be revised to meet
the testimony, and to show placement of a sound absorbing material on the
barrier southerly side of the existing firewall on plans.
The board attorney indicated
that the board engineer commented that Condition 6 reads, “no certificate of
occupancy shall issue…” The work they are doing will not require a CO.
Suggest that upon completion of work it is the applicant’s obligation to submit
“as built” plans.
The board attorney also
indicated that the board engineer commented that Condition 21 should require
the applicant to include structural calculations supporting a taller wall
segment in addition to the current language.
Board agreed and added that the “as built” plans shall show heights and
varying locations of the walls.
The board added to the
resolution condition 19 (formerly 21) - “The Board Engineer shall determine the
adequacy of the footings and foundation necessary to support a larger wall,
should the proposed wall not satisfy the intent and purpose of this Resolution.”
Motion to adopt as amended made
by: Kanoff; Second by: Driscoll; Roll call: Yes - Driscoll, Kanoff, Moore,
Mr. Driscoll indicated that
the Planning Board met last Thursday and approved a Bridal salon use in one for
First Industrial Building. They also granted an extension for approvals
on a subdivision on Pine Brook
Road. Mr. Driscoll reviewed some of the changes to
the zoning ordinance that was discussed before the
Planning Board. There were some changes to the portion of the
ordinance as it relates to political signs and houses of worship. There was also discussion on conditional uses
in OB-4 zone. Farm stands are going to
be permitted only if they meet the Right to Farm Act.
Mr. Marinello indicated that
the high school students should be coming back to attend meetings at the
township in September.
Mr. Driscoll indicated that
Mr. Hug had an injury so he was not able to attend the meeting and possibly the
Jane Grogaard, Recording Secretary
Certified true copy of minutes adopted at Zoning Board
meeting of March 7, 2012.