PB minutes 1-26-12 Print E-mail

MONTVILLE TOWNSHIP

PLANNING BOARD

195 Changebridge Road, Montville Municipal Building

MINUTES OF THURSDAY JANUARY 26, 2012

The hearing convened at 7:31 p.m. Chairman Lipari welcomed everyone to the Montville Township Planning Board hearing and asked everyone to turn off their cell phones.

ROLL CALL - Ms. Kehoe took the roll call.

Mr. Tim Braden, Mayor - present       

Mr. Gary Lewis, Vice Chairman - present

Mr. Art Maggio – entrance noted

Mr. John Visco - present

Mr. Larry Hines – absent (excused)

Mr. Ladis Karkowsky - present

Mr. Don Kostka, Committeeman - present      

Mr. Victor Canning - present                                                 

                                   

Mr. Tony Speciale (alt#1) - present

Mr. Larry Tobias (alt#2) – entrance noted

Mr. Russ Lipari, Chairman – present

Also present:

Board Attorney:           Michael Carroll, Esq. - present

Board Engineer:           Frank Russo, PE, Omland Engineering

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

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

Recording Secretary:                Kelley Kehoe - present

PLEDGE OF ALLEGIANCE - performed

STATEMENT OF COMPLIANCE – Stated by Ms. Kehoe

SWEARING IN OF PROFESSIONALS

Board Attorney Mr. Carroll swore in professionals: Mr. Burgis, Mr. Russo and Ms. Hunscher.

*** Mr. Maggio entered at 7:32pm.

COMMITTEE REPORTS

Chairman Lipari welcomed Board Members and asked for Committee Reports.

Board of Adjustment – Vice Chairman Lewis reported that the only case on the agenda was for the sound barrier at the JCP&L site, which was approved. He is unable to attend the meeting. Ms. Hunscher reported that the only scheduled item is the adoption of the resolution of approval for JCP&L.

Board of Health – Mr. Tobias – No report.

Environmental Commission – Mr. Canning – No report.

Water & Sewer – Mr. Maggio – No report.

Historic Preservation Commission – Mr. Visco reported that the a meeting with held January 23 at which time members were welcomed and goals for the new year were discussed. There were no applications in front of the committee.

Design Review Committee – Mr. Kostka – No Report.

  

Site Plan/Subdivision Committee – Mayor Braden stated that the subcommittee met at Lake Valhalla Club to conduct a site visit and review outstanding issues as well as some planned improvements. Chairman Lipari said the next step is for them to meet with the subcommittee and have technical review with professionals, so they can move as quickly as possible to submit an application and be heard by the board. 

*** Mr. Tobias entered at 7:34pm.

Economic Development Committee – Mr. Speciale said the EDC met with Lawrence Anderson of Anderson Realty Service Company, who was hired by Fresh Market to find a site in Montville Township. They did find a location and made a presentation to EDC. Chairman Driscoll sent a letter of recommendation for this type of market to the Township Committee with the approval of Township Attorney.

Open Space Committee – Mr. Karkowsky – No report.

Master Plan - Chairman Lipari addressed later in meeting.

Cross Acceptance Committee – Chairman Lipari stated that the committee is currently inactive due to the fact that the draft “State Strategic Plan” will not require cross acceptance.

Highlands Legislation Review Committee – Vice Chairman Lewis indicated that the Highland’s Council approved the plan unanimously.  The appeal period has begun.  Additional work to be done includes adoption of ordinances. 

Fire Districts – Russ Lipari for Towaco; Tony Speciale for Pine Brook, Art Maggio for Montville – No reports.

SECRETARY’S REPORT

Ms. Hunscher had no report.

BOARD DISCUSSION

There was no discussion from the board.

PUBLIC DISCUSSION

Chairman Lipari requested a motion to open the meeting to the public for discussion items not on the agenda. On a motion made by Mr. Canning and seconded by Mr. Kostka, the meeting was opened to the public. All in favor - unanimous.

There being no one wishing to be heard, on a motion made by Mr. Speciale and seconded by Mr. Karkowsky, the meeting was closed to the public.  All in favor - unanimous.

PLANNING BUSINESS

Chairman Lipari asked Board Planner Burgis & Vice Chairman Lewis to discuss amendments to Chapter 230 - Land Use and Development Regulations (political signs, houses of worship, conditional uses (OB-4 district), accessory uses (LR district) and farm stands.  Board Planner Burgis proceeded to discuss memo dated 1/26/2012.

1st Item - Political Signs – Board Planner Burgis gave historical background. New ordinance included original provisions. Decided to delete section on temporary signs requiring permits and time periods. Signs are still to be no more than thirty two (32) square feet in size Chairman Lipari asked for Board comments. Vice Chairman Lewis commented that there were no fees involved.

On a motion made by Vice Chairman Lewis and seconded by Mr. Karkowsky, the meeting was opened to the public. Roll Call: Unanimous.

There was no public discussion.

On a motion made by Vice Chairman Lewis and seconded by Mayor Braden, the meeting was closed to the public. Roll call: Unanimous.

2nd Item - Places of Worship - Board Planner Burgis said historically municipal ordinance had permitted houses of worship in all zones. In discussion with different attorneys from around the state, they indicated that one approach could be to limit new houses of worship to certain non-residential zones and identify those existing houses of worship as permitted uses. In discussion with the Township Attorney they have come up with alternative approach, which is explained on page 2 of report, item # 2. One it will amend the ordinance to include houses of worship as a permitted conditional use in all residential zones and the principal conditions are: 1) a minimum lot of two (2) acres required with an approved buffer around the perimeter of property when bordering a residential lot, 2) allow houses of worship as a permitted principal use in all OB and I zones; and 3)  if current houses of worship were to make an application and if the requirements were met than they would be heard by Planning Board not Zoning Board of Adjustment. Chairman Lipari asked board members for comments. Vice Chairman Lewis asked Mr. Burgis if he is he comfortable with this recommendation to be referred to Township Committee in their current form and would it be legally defensible based on his discussions with the attorney. Mr. Burgis said yes. No comments from Planning Board.

On a motion made by Mr. Kostka and seconded by Mr. Tobias, the meeting was opened to the public. Roll Call: Unanimous.

No public discussion.

On a motion made by Vice Chairman Lewis and seconded by Mr. Visco, the meeting was closed to the public. Roll Call: Unanimous.

3rd Item - Lake Valhalla LR Zone - Two (2) issues were raised by the Lake Valhalla Attorney in a previous memo including:  

1) Regulations of limiting the maximum dimension of the deck around the principal building. Chairman Lipari asked the professionals if the club had provided the appropriate mapping. Mr. Burgis indicated that he had not received any mapping from the club or attorney to support request. Vice Chairman Lewis commented that this request for the mapping goes back to October of 2011. Chairman Lipari requested board comments.  All members were in favor of recommending that the same dimensions remain in the ordinance.  Mr. Tobias and Mr. Lipari were in agreement in that they indicated no change should be considered without the requested map details.

2) Board Planner Burgis indicated that Mr. Schepis, attorney for Lake Valhalls Club, raised the question as to whether in Schedule C the ordinance could identify “open decks, patios and porches” specifically in a LR Zone. Mr. Burgis recommended inserting the words “open decks, patios and porches” where it mentions accessory uses incidental to Country Clubs.

On a motion made by Mr. Visco and seconded by Mr. Maggio, the meeting was opened to the public. Roll Call: Unanimous.

No public discussion.

On a motion made by Vice Chairman Lewis and seconded by Mr. Karkowsky, the meeting was closed to the public. Roll Call: Unanimous.

4th Item – OB-4 / OB-5 Zone - Mr. Burgis address the issue of whether banks are or would be permitted in the zones.  He indicated that banks are not part of the “incentive zoning” uses because banks are not considered retail uses.  However, they are permitted conditional uses.  No amendment is proposed.  Chairman Lipari asked for Planning Board comments.  There being no Comments, Chairman Lipari asked for a motion to open to the public.

On a motion made by Mr. Tobias and seconded by Mr. Kostka, the meeting was opened to the public. Roll Call: Unanimous.

Mr. William O'Dowd of 55 Foremost Mountain Road in Montville was sworn in.

Mr. O’Dowd had a few questions and comments regarding the uses permitted and not permitted in the OB-4 and OB-5 zones.  He expressed concerns that banks with drive-thru’s are not permitted, that self-storage facilities are not permitted, and also indicated that he would need the gas station and convenience station to be a conditional use in order for Quick Chek to proceed with the application.  Chairman Lipari asked Mr. Burgis to respond. Burgis discussed the Master Plan intentions and the resultant ordinance and explained the uses allowed both with or without the road constructed. He explained the rationale for the recommendations and indicated that the Planning Board needs to plan for the future.   

Chairman Lipari asked if Planning Board members had comments. Mr. Kostka raised the issue as to whether the improvement would make these properties more viable for development. Mr. O'Dowd said he would be willing to put the road in if there were certain permitted uses to make it feasible. Mr. Burgis indicated that the roadway would provide traffic improvements such as a traffic light and would create a walkable retail location for this area of town.

On a motion made by Vice Chairman Lewis and seconded by Mayor Braden, the meeting was closed to the public. Roll Call: Unanimous.

Chairman Lipari asked for Planning Board member comments. Vice Chairman Lewis said the Master Plan subcommittee members met prior to the regular meeting and gave due process to the review of Mr. Steck’s memo submitted on behalf of Mr. O’Dowd.  The subcommittee reviewed and discussed the memo and agreed that no additional recommendations would be made to the full membership. Mr. Visco and Chairman Lipari concurred with Vice Chairman Lewis’ recounting of events. 

Item # 5 - Right to Farm - Mr. Burgis suggested that the ordinance be amended to indicated applicable provisions of State of NJ Right to Farm Act apply to avoid having to change the ordinance again in the future should there be changes at the State level. Mr. Canning asked whether there is a concern about cannabis being grown.  Mr. Burgis indicated that in his opinion it was an unlikely situation. Mayor Braden was concerned about temporary and permanent structures (large barns, sheds, etc). Mr. Burgis and Mr. Lewis explained that controls are in place, but the standards are different than for residential construction. 

On a motion made by Mr. Visco and seconded by Mr. Maggio, the meeting was opened to the public. Roll Call: Unanimous.

No public discussion.

On a motion made by Vice Chairman Lewis and seconded by Mayor Braden, the meeting was closed to the public. Roll Call: Unanimous.

Vice Chairman Lewis made a motion that recommended amendments outlined in the Burgis memo dated January 26, 2012 be referred to the Township Committee for their review and approval to be incorporated into Chapter 230.

On a motion made by Vice Chairman Lewis, seconded by Mr. Karkowsky, the Board recommended to refer the amendments as presented to the Township Committee. Roll Call: Unanimous.

*** Break - 8:35pm to 8:45pm 

NEW BUSINESS

PSOIL11-08-11-11 Gaber, Akram – 9 Patrick Ct. – B: 1, L: 11.61 – soil movement application with design waivers. Notice Acceptable

Chairman Lipari asked Mr. Gaber to please come forward.  Attorney Mr. Carroll swore in the witnesses along with his Site Engineer, Laurence Bozik and his Construction Project Manager, Mike Aburouny.

Chairman Lipari clarified that this was an amended application and the applicant had already received prior approval for soil movement.  Site Engineer Mr. Bozik summarized the previous requests. He stated the house was under construction and site already filled. However, Mr. Graber was asking to modify the driveway since applicant was concerned about height of retaining walls as previously approved.  The driveway slope would exceed the ordinance requirement of 10% with a portion designed at 14%.  Also, steep slopes adjacent to the residence are in excess of that permitted by ordinance.  Both deviations are design waivers.

Chairman Lipari asked Planning Board Engineer Russo to address memo dated January 19, 2012. In regards to Item # 1 - Mr. Russo stated that the previous driveway was a lollipop design, that applicant is currently requesting a circular driveway. He indicated that it was pretty close to the initial Bear Rock subdivision. Mr. Maggio asked if it was a better set-up. Mr. Russo said it would be more convenient to homeowner. Regarding Item # 2 - Mr. Russo indicated that there were some mix-ups in the original submission. Not significant. Item # 3 - Soil was already on site - non issue. Item # 4 - Mr Russo indicated that a chain link fence was not permitted. He said to either change or ask for relief. The homeowner is willing to change fence. Mr. Russo said to discuss with Engineering Department to make acceptable to both parties. Item # 5 - Mr. Russo stated that this was a new provision. Similar but would require additional fill if circular driveway. Vice Chairman Lewis inquired if area between driveway and Patrick Court would be a grass area and if so, could it be mowed. Mr. Bozik answered yes, said 3 to 1 slope could be mowed. Chairman Lipari asked for any other questions and there were no further comments from Planning Board members.

On a motion made by Mr. Speciale and seconded by Mr. Kostka, the meeting was opened to the public. Roll Call: Unanimous.

No public discussion.

On a motion made by Mr. Speciale and seconded by Mr. Kostka, the meeting was closed to the public. Roll Call: Unanimous.

Chairman Lipari asked for a motion to approve the application conditioned upon meeting Mr. Omland’s requirements and those of the Township Engineer. Vice Chairman Lewis requested that the motion include soil testing, results of which must be satisfactory to the Township Engineer, as a condition of approval.

On a motion made by Mr. Maggio, conditioned on the items stipulated by Chairman Lipari and Vice Chairman Lewis, and seconded by Mr. Karkowsky, the application was approved. Roll Call: Unanimous.

WAIVERS

PMISC12-02 Sincerity Bridal – 45 Rt. 46 Unit 607 – B: 183, L; 6 - I-1A – office (4,049 s.f.)/warehouse (5,027 s.f.)/showroom/distribution marketing and design of bridal dresses – hours of operation 9am-5pm Mon-Fri – 12 employees – no outdoor storage – signage in compliance with approved theme

Mr. Lipari briefly described the waiver request.  There was no discussion by the Board.

On a motion made by Mr. Visco and seconded by Mr. Canning, the waiver was approved. All in Favor: Unanimous.

INVOICES

There were no invoices. 

RESOLUTIONS

Approval Resolution for PMSP/F03-23 Passaic Valley Estates – B: 82.05, L: 70 – request for extension of approvals through 10/27/12 for two lot minor subdivision - eligible: Gary Lewis, Art Maggio, Ladis Karkowsky, Don Kostka, Victor Canning, Tony Speciale, Larry Tobias, Russ Lipari

On a motion made by Vice Chairman Lipari, seconded by Mr. Maggio, the resolution was approved. Roll Call of Eligibles: Unanimous.

01-12 Hearing Dates - 2012 - eligible: Gary Lewis, Art Maggio, Ladis Karkowsky, Don Kostka, Victor Canning, Tony Speciale, Larry Tobias, Russ Lipari

On a Motion made by Mr. Karkowsky and seconded by Mr. Speciale, the resolution was approved. Roll Call of Eligibles: Unanimous.

02-12 Appointments and Designations - eligible: Gary Lewis, Art Maggio, Ladis Karkowsky, Don Kostka, Victor Canning, Tony Speciale, Larry Tobias, Russ Lipari

On a motion made by Mr. Maggio and seconded by Vice Chairman Lewis, the resolution was approved. All In Favor: Unanimous

03-12 Burgis Associates Proposal - Response to Draft Highlands Consistency Report - eligible: Gary Lewis, Art Maggio,  Ladis Karkowsky, Don Kostka, Victor Canning, Tony Speciale, Larry Tobias, Russ Lipari

On a motion made by Vice Chairman Lewis and seconded by Mr. Karkowsky, the resolution was approved. Roll Call of Eligibles: Unanimous.

04-12 Burgis Associates Proposal - Preparation of Natural Resources Inventory - eligible: Gary Lewis, Art Maggio, Ladis Karkowsky, Don Kostka, Victor Canning, Tony Speciale, Larry Tobias, Russ Lipari

On a motion made by Mr. Maggio and seconded by Mr. Canning, the resolution was approved. All In Favor: Unanimous

05-12 Zoning Board of Adjustment - Annual Report - eligible: Gary Lewis, Art Maggio, Larry Hines, Ladis Karkowsky, Don Kostka, Victor Canning, Tony Speciale, Larry Tobias, Russ Lipari

On a motion made by Mr. Speciale and seconded by Mr. Maggio, there was an acknowledgement of the report received. All In Favor: Unanimous.

CORRESPONDENCE / EXTENSIONS / DISMISSALS

Ms. Hunscher briefly discussed the annual reports approved by the Board of Adjustment and for the Planning & Zoning Division, which is not required to be adopted, but provides an annual record of accomplishments. Mr. Tobias complimented Ms. Hunscher and said she did an excellent job on reports.

MINUTES

Planning Board Hearing - January 12, 2012 - eligible: Gary Lewis, Art Maggio, Ladis Karkowsky, Don Kostka, Victor Canning, Tony Speciale, Larry Tobias, Russ Lipari

On a motion made by Mr. Canning and seconded by Mr. Maggio, the minutes were approved.  Roll Call of Eligibles: Unanimous.

Planning Board Executive Session - November 10, 2011 - eligible: Art Maggio, Victor Canning, Ladis Karkowsky, Gary Lewis, Russ Lipari

On a motion made by Mr. Visco and seconded by Mayor Braden, the minutes were approved. Roll Call of Eligibles: Unanimous.  

Planning Board Master Plan subcommittee meeting - December 8, 2011- eligible: Gary Lewis, Russ Lipari, Deb Nielson, John Visco

On a motion made by Vice Chairman Lewis and seconded by Mr. Visco the minutes were approved. Roll Call of Eligibles: Unanimous.  

Planning Board subcommittee meeting - January 19, 2012 - eligible: Russ Lipari, John Visco, Tim Braden

On a motion made by Mr. Karkowsky and seconded by Mr. Visco, the minutes were approved. Roll Call of Eligibles: Unanimous.  

LOI/DEP NOTIFICATIONS

Mr. Russo indicated that there are several specific LOI’s to current applications including work on Bloomfield Avenue bridge, but that he needed time to review. Ms. Hunscher stated that he just received notifications this evening. He will report back at a later date.

LEGAL/LEGISLATIVE UPDATES

Mr. Carroll said that a committee of the NJ Legislature will be meeting to consider amendments to the permit extension law, which may apply to areas within the Highlands. Ms. Hunscher inquired if Montville Township would remain exempt since they were located in the Highlands area. Mr. Carroll did not know and needs to review language of bill since it has been changed repeatedly.

OLD BUSINESS

There was no old business to come before the board.

CONCEPTS

There were no concepts to come before the board.

ADJOURNMENT

Vice Chairman Lewis thanked the Planning Board for the supporting the Master Plan subcommittee. He asked the Township Committee members that were present if they were confident in bringing back these recommendations to the Township Committee or if more presentations were necessary. Mayor Braden said he was comfortable with the amendments. He stated the Planning Board did a fine job in dealing with the individual issues. Mr. Kostka also stated he was comfortable with the amendments.

There being no further business to discuss, Mr. Lipari asked for a motion to adjourn.  On a motion made by Mr. Karkowsky and seconded by Mr. Visco, the meeting was adjourned at 9:20 p.m. All in favor: Unanimous.

Respectfully submitted,

______________________________

Kelley Kehoe, Recording Secretary

Certified true copy of minutes adopted at Planning Board meeting of February 23, 2012.

________________________________

Meghan Hunscher, Sec.

 

Last Updated ( Monday, 07 May 2012 )
 
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