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MONTVILLE TOWNSHIP

ZONING BOARD OF ADJUSTMENT

MINUTES OF FEBRUARY 1, 2012

Montville Municipal Building, 195 Changebridge Road

8:00PM

NOTE: No New Business to be conducted past 10:30 P.M.

STATEMENT OF COMPLIANCE

ROLL CALL:

Richard Moore – Present                    Keith Olsen - Present

Donald Kanoff - Present                     James Marinello - Present

Deane Driscoll - Present                     Kurt Dinkelmeyer (Alt #1) - Excused

Kenneth Shirkey - Present                  John Petrozzino (Alt #2) - Excused

Gerard Hug – Absent[1]

PLEDGE OF ALLEGIANCE

Stated

 Swearing in of Professionals

OLD BUSINESS

OLD BUSINESS

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

NEW BUSINESS

None

MINUTES

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, Marinello

               

INVOICES

None

RESOLUTIONS

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          


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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 resolution. 

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 direction”.

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 testimony.

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 permitted.   

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, Olsen, Marinello

OTHER BUSINESS

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

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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 next hearing.

CORRESPONDENCE

None

Respectfully submitted,

Jane Grogaard, Recording Secretary

Certified true copy of minutes adopted at Zoning Board meeting of March 7, 2012.

_______________________________________

Meghan Hunscher, Sec.



[1] Absent with explanation

 

Last Updated ( Monday, 02 April 2012 )
 
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