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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.
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