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MONTVILLE TOWNSHIP PLANNING BOARD
195 Changebridge Road, Montville Municipal Building
MINUTES
OF THURSDAY FEBRUARY 23, 2012
No
New Business to be Conducted Past l0: 00PM
Chairman Lipari convened
the meeting at 7:31 p.m. and welcomed everyone to the Montville Township
Planning Board hearing and asked everyone to turn off their cell phones.
Ms. Kehoe took the roll call.
ROLL CALL
Mr. Tim Braden, Mayor - present
Mr. Gary Lewis, Vice Chairman - present
Mr. Art Maggio – present
Mr. John Visco - present
Mr. Larry Hines – present
Mr. Ladis Karkowsky - present
Mr. Don Kostka, Committeeman - present
Mr. Victor Canning - present
Mr. Tony Speciale (alt#1) - present
Mr. Larry Tobias (alt#2) – present
Mr. Russ Lipari, Chairman – present
Also present:
Board Attorney: Michael Carroll, Esq.
Board Engineer: Stan Omland, 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. Omland and
Ms. Hunscher.
COMMITTEE REPORTS
Chairman Lipari said congratulations and good luck to Mr. Canning for his
appointment as the new Township Administrator. Also, thanked Adam Brewer for
the job he did as the Interim Administrator. Board Members were welcomed and
asked for Committee Reports.
Board of Adjustment – Vice Chairman Lewis stated there was no new business from
the February meeting to report. The first March meeting has been cancelled and
the “extra” meeting of March 15th is scheduled to occur.
Board of Health – Mr. Tobias stated that there was nothing relevant at this
time.
Environmental Commission – Mr. Canning reported that the EC as a group reviewed
the Sharpe property variance application. They were concerned with water
run-off and the replacement of the mature trees. They support the recommendation
of the Planning Board Engineer to create a conservation easement along the
northern boundary of the existing property. If the applicant meets the Township
Planning Board Engineer requirements then they will support this project going
forward.
Water & Sewer – Mr. Maggio said that he spoke with Tom Mazzaccaro and he
said that the sanitary sewers on Joan Drive, David Drive & Gregory Drive
were completed, which affected approximately 24 homes.
Historic Preservation Commission – Mr. Visco reported that the next meeting is
on March 22nd.
Design Review Committee – Mr. Kostka – No report. The DRC did not convene.
Site Plan/Subdivision Committee – Chairman Lipari stated that there were three issues
discussed at previous meetings including the Sharpe Subdivision, which is the
first application being discussed in the meeting tonight. The second was the
Weiss subdivision property, which is currently being reviewed by the
professionals and scheduled for a later hearing. The third issue is in regards to Gencarelli's
Pizzeria expansion. The waiver of site
plan was denied and a site pan is required prior to the restaurant expanding
beyond its existing twenty five seats. There are no changes in their signage,
employees, etc. They are looking to expand into the former deli area was once
the construction is complete. Chairman Lipari said there are issues with the
dumpster, paving and parking.
Economic Development Committee – Mr. Speciale said they had a guest speaker at
their last meeting. Rebecca Feldman is the new Executive Director of the Morris
County Economic Development Corporation. She was excited to learn about Montville. Discussion
included Montville's
water & sewer supply, new master plan, Bayer Facility, etc.
Open Space Committee – Mr. Karkowsky nor Mr. Kostka had any report.
Master Plan - Vice Chairman Lewis said he was going to defer to the Planning
Business Section of the agenda. He said the sub committee is awaiting receipt
of the draft elements to Master Plan. Mr. Burgis said the circulation section
was submitted two weeks ago. Vice Chairman Lewis said it was currently being
reviewed by the Township Engineer & Traffic Safety. Mr. Burgis said that
the community facilities section would be submitted to Ms. Hunscher next week.
Cross Acceptance Committee – No report.
Highlands Legislation Review Committee – Vice
Chairman Lewis - No Report.
Fire Districts – Art Maggio for Montville
– No report. Tony Speciale for Pine Brook stated that the budgets passed for
all three fire districts. Russ Lipari for Towaco - No report.
SECRETARY’S REPORT - Ms. Hunscher had no report.
BOARD DISCUSSION
Mr. Karkowsky reported that the Land Use Advisory Committee (LUAC) report was
issued. He still needs to review and
will discuss at the next meeting.
Mr. Speciale and Mr. Canning commented about the current paint job going on at
the Gulf Station in Towaco. Chairman Lipari said that the Zoning Department is
currently looking into it.
Mr. Tobias stated that Mr. Canning will be missed as a Planning Board member.
Mr. Canning thanked everyone and talked about his service and how much he
learned. He commended the volunteers in Montville
and thanked the Mayor and Deputy Mayor for allowing him to serve as the new
Administrator.
Mr. Kostka stated that on behalf of the Township Committee, that they are very
pleased that Mr. Canning accepted the position as the new Township
Administrator.
PUBLIC DISCUSSION
Chairman Lipari requested a
motion to open the meeting to the public for discussion of items not on the
agenda. On a motion made by Mr. Karkowsky and seconded by Mr. Tobias, the
meeting was opened to the public. All in Favor - Unanimous.
No discussion.
Chairman Lipari requested a
motion to close the meeting to the public for discussion of items not on the
agenda. On a motion made by Mr. Karkowsky and seconded by Mr. Tobias, the
meeting was closed to the public. All in Favor - Unanimous.
PLANNING BUSINESS
Discussion regarding
Township Committee’s discussion regarding proposed amendments to Chapter 230:
Land Use and Development Regulations
Mayor Braden said the
Township Committee discussed the amendments to the ordinance. While the
Committee concurred with the Planning Board’s recommendation, the members had a
question in regards the houses of worship. Mayor Braden indicated that while
the Township Committee would never discourage houses of worship, there was some
concerns that a large facility in a residential area may negatively impact that
area in regards to the burden on roads and other infrastructures.
The Committee asked the
Planning Board to consider that in addition to the minimum two acre zoning requirement,
to add a maximum parcel for a house of worship in a residential zone. Chairman
Lipari asked Vice Chairman Lewis to comment. Mr. Lewis concurred that the
Master Plan subcommittee would review the request. Mr. Burgis asked the Mayor if the request was
limited to this issue of having a maximum lot area or if the Board could
explore other alternatives. Mr. Braden indicated that the overarching concern
was the quality of life in residential neighborhoods that would be impacted by
large facilities.
Mr. Carroll said the
language should be "completely use neutral” and general to applicants,
especially places of assembly. Vice Chairman Lewis asked if Township Committee
has a time line in mind for an answer since the subcommittee has other issues
to address. The Mayor indicated there
was no date indicated by the Township Committee attached to the request, but
would like to have it occur within a reasonable amount of time.
WAIVERS
PMISC12-05
Building Materials Corporation of America (GAF) – 1 Como Ct. – B: 41, L 1.05 – I-1A – warehouse (3,700 s.f.) for
storage of shingle samples used for warranty claims – 2 employees
(occasionally) – no outdoor storage of vehicles – hours of operation 7:30am-5pm
Mon-Fri
Chairman Lipari summarized
the waiver. Mr. Karkowsky asked a question in regards to storage of shingles
and impact to the aquifer. Ms. Hunscher
indicated that the ordinance restricts against storage of building materials
out of doors and this proposal is for storage within the confines of a
building.
On a motion made by Mr.
Hines and seconded by Mr. Kostka, the waiver was approved. Mr. Tobias excused
himself since he had left room. Roll Call - Unanimous.
PMISC12-06
e-Meteors, Inc – 112 Main Rd. – B: 56, L: 10 – office (1,120 s.f.) software
consulting & development – 3 employees – hours of operation 9am-6pm Mon-Fri
– no outdoor storage – change of tenant name on existing sign (Schoolhouse Park)
Chairman Lipari summarized
the waiver. There were no questions or comments.
On a motion made by Vice
Chairman Lewis and seconded by Mr. Visco, the waiver was approved. Roll Call -
Unanimous.
INVOICES
Omland Engineering – O/E
for: $135; Trust for: $135
Murphy McKeon– Trust for:
$90
On a motion made by Vice
Chairman Lewis and seconded by Mr. Hines, the invoices were approved. Roll Call
- Unanimous.
RESOLUTIONS
Approval
Resolution for PSOIL11-08-11-11 Gaber, Akram
– 9 Patrick Ct. – B: 1, L: 11.61 – soil movement – Granted 1/26/12 - eligible:
Tim Braden, Gary Lewis, Art Maggio, John Visco, Ladis Karkowsky, Don Kostka,
Victor Canning, Russ Lipari, Tony Speciale (alt#1), Larry Tobias (alt#2)
On a motion made by Mr.
Karkowsky and seconded by Mr. Canning, the resolution was approved. Roll Call
of Eligibles - Unanimous.
06-12
Referral to Township Committee of Proposed Amendments to Chapter 230: Land Use
and Development Regulations - eligible:
Tim Braden, Gary Lewis, Art Maggio, John Visco, Ladis Karkowsky, Don Kostka,
Victor Canning, Russ Lipari, Tony Speciale (alt#1), Larry Tobias (alt#2)
On a motion made by Mr.
Visco and seconded by Mr. Maggio, the resolution was approved. Roll Call of
Eligibles - Unanimous.
CORRESPONDENCE / EXTENSIONS / DISMISSALS
137
Taylortown Road - Dominguez - Conceptual Site Plan
(PMSP/FC07-11 Suppa, Frank Jr - Resolution adopted November 19, 2007)
Chairman Lipari asked Mr.
Omland to discuss the conceptual plan. Mr. Omland indicated that the new
homeowner is requesting to locate the residence beyond the limit of disturbance
shown on the approved subdivision plan.
Mr. Omland does not view changes as a violation of the Planning Board
approval. The proposed design is most efficient and cost effective to the
homeowner.
Vice Chairman Lewis asked if
the proposed setback would create a “missing tooth” scenario. Mr. Omland
explained that the ordinance does not mandate a uniform setback along a street
frontage and there are no variances required for the property being set back
farther on the property. Mr. Omland will
make administrative determination and there is not further action that the
Board needs to take.
MINUTES
Planning
Board Hearing - January 26, 2012 -
eligible: Tim Braden, Gary
Lewis, Art Maggio, John Visco, Ladis Karkowsky, Don Kostka, Victor Canning,
Russ Lipari, Tony Speciale (alt#1), Larry Tobias (alt#2)
On a motion made by Mr.
Visco and seconded by Mr. Maggio, the minutes were approved. Roll Call of
Eligibles - Unanimous.
Planning
Board subcommittee meeting - January 31, 2012 - eligible: Russ Lipari, John Visco, Ladis Karkowsky, Tim Braden
On a motion made by Mr.
Karkowsky and seconded by Mr. Visco, the minutes were approved. Roll Call of
Eligibles - Unanimous.
Planning
Board Master Plan subcommittee meeting - January 26, 2011- eligible: Gary Lewis, Russ Lipari, Ladis Karkowsky,
John Visco
On a motion made by Vice
Chairman Lewis and seconded by Mr. Karkowsky, the minutes were approved. Roll
Call of Eligibles - Unanimous.
LOI/DEP NOTIFICATIONS
Chairman Lipari asked Mr.
Omland to discuss. Mr. Omland gave an update on various NJDEP notices. He
touched on subjects including but not limited to: the Sharpe application, River
Road application, 186 Pine Brook Road, Bloomfield Ave Bridge permits, United Methodist
Church cleanup, GI Auto property, Peace Valley Road, Change Bridge Sunoco
property, etc. He will follow-up on a few and discuss at the next meeting. He
recommended that the Board of Health review a few of the notices.
LEGAL/LEGISLATIVE UPDATES
Neither Mr. Carroll nor Mr.
Burgis had any updates.
*** Break from 8:20pm to 8:25pm.
****
OLD BUSINESS
There was no old business
to come before the board.
NEW BUSINESS
PMN/C12-01 –
Sharpe, Steven - 18 Forest Place – B: 109, L: 5 – waivers and
completeness; minor subdivision with variances – Notice Acceptable. ACT
BY: 6/3/12
Mr. Carroll swore in
experts and applicant including: Mark Gimigliano, Licensed Professional
Engineer, Ms. Mia Petrou, Licensed Professional Planner and Steven Schepis,
Attorney.
Mr. Schepis summarized
former projects the applicant has had with the town. Applicant is looking to
secure a minor subdivision approval for the property to be developed into two separate
homes and a couple of variances. Mr. Schepis asked Mr. Gimigliano questions in
regards to Exhibit A-1 (colorized subdivision exhibit dated 2-21-2012 - sheet 3
of the subdivision plan). He explained to the Planning Board the drawing
including the color codes, the existing property contents, storm water
management issues & storm water flow. He discussed what they would do to
correct the storm water runoff issues.
Chairman Lipari asked
to hear from the professionals. Mr. Burgis’ first concern was about the
requirement of side-entry garages. Mr. Gimigliano explained that it was not
preferable with narrow lots. His second concern was with the requirement of the
utilities being placed underground and the shade trees. Applicant agrees to
meet those requirements. Mr. Omland inquired if these were conceptual homes,
about the square footage and number of garages. Mr. Schepis said the applicant
was willing to limit the dwellings to two car garages and require a colonial
country style home.
There was a detailed
discussion with regard to drainage. Mr. Omland discussed the drainage on the
property and the storm water issues. He would like to see them continue the
swale between the lots. He also inquired if any soil testing had been done on
the property. It has not been performed, but acknowledged that it will need to
be done prior to installing dry wells.
Mr. Omland was pleased
with the fact that the applicant proposed a right-of-way dedication. Mr. Omland
said that the applicant was offering more then what was required. There were
several items the applicant was not working to address. Mr. Gimigliano
discussed item number two from list. They wanted to keep the property sizes
even. Mr. Omland gave his concerns. The next item was item number four from
list. Mr. Schepis discussed saving the mature trees. Mr. Schepis objected to a
conservation easement due to the typical restrictions. Mr. Omland said it was
reasonable to have a conservation easement that allowed a fence and shed and
utilities. Mr. Schepis requested an
easement that was limited to the preservation of trees so that the new
occupants could still install fences and sheds.
This would be reflected in the resolution.
Property Owner Steven
Sharpe was sworn in. He said he met with the neighbor and agreed to move the
fence onto their property. Mr. Schepis stated that he would have the three
corners staked out.
Mr. Burgis had nothing
further. Chairman Lipari asked the Board for comments. Vice Chairman Lewis
inquired about the street trees. He said the existing evergreens are poor in
appearance. Mr. Sharpe said that yes they would be removed.
Chairman Lipari asked
for a motion to open the meeting to public discussion. A motion was made by Mr.
Visco and seconded by Mr. Speciale.
Kelly Gonzales of 775 Main Road
stated her concerns in regards to the application. She discussed the removal of
the fence and water concerns. Mr. Omland explained to the resident the
requirement of status quo or better and that the current owner is not
responsible for the existing water condition of her property. He explained that
the requirement of the resident to have the rain drainage off of the roofs into
the dry well is going to capture 100% of the rain.
Joanne Barnes of 777 Main Road
stated her concerns. Chairman Lipari explained that the ordinance requirements
will need to be met. She inquired what repercussions there were if the
construction of these houses causes more damage. Mr. Omland explained. Mr.
Carroll gave legal explanation. She asked about the rear property drainage. Mr.
Omland asked Mr. Gimigliano if anything else could be done. He suggested
possibly adding a berm or landscaping to slow down the weather. Mr. Omland said
he was not a fan of berms. He suggested a rain garden off the driveways to
catch additional runoff. She indicated she was in favor of tow new homes, but
asked how she can be assured as residents that the work will be done. Mr.
Omland explained that the findings of the Board would be reflected in a
resolution.
Chairman Lipari asked
for a motion to close the meeting to public discussion. A motion was made by
Mr. Speciale and seconded by Mr. Hines.
Ms. Petrou stated her
name and business address. Mr. Schepis asked her questions in regards to the
variances. Asked what she investigated and how it relates to Montville’s zoning requirements for what is
proposed. Exhibit A-2 (photo exhibit) was submitted. She discussed pictures.
Exhibit A-3 (lot area analysis - 2 page document) submitted. She gave an explanation
of the charts. Page 1 indicates that the proposed lot areas of 0.544 and 0.559
would remain larger lots in study area. Page 2 indicated that the proposed lots
width of 106.83 each remains consistent with the neighborhood lot measured at
the street line. Mr. Schepis asked about storm water management. She said there
were no new net runoff and that it was compliant. Mr. Burgis concurred with the
Planner’s testimony and commented that the real issue is the manor in which it
fits into the neighborhood. Neither Mr. Omland nor the Planning Board members
had comments.
Chairman Lipari asked
for a motion to open the meeting to public discussion. A motion was made by
Vice Chairman Lewis and seconded by Mr. Visco.
No public discussion.
Chairman Lipari asked
for a motion to close the meeting to public discussion. A motion was made by
Vice Chairman Lewis and seconded by Mr. Kostka.
Chairman Lipari asked
for Planning Board comments. Vice Chairman Lewis stated that he was not a
supporter of dry wells to capture driveway runoff and would like another option
to be explored. Mr. Speciale and Chairman Lipari were in agreement. Mr. Omland
stated that the alternative is an equivalent rain garden. Mr. Carroll indicated
that the language in the resolution is to indicate “final determination of
additional stormwater management to be determined by the Board and Township
Engineer.” Mr. Omland said the
resolution should reflect "no driveway dry wells.” Following the Board’s discussion in which
members concurred with Vice Chairman Lewis, Chairman Lipari asked for a motion.
On a motion made by Mr.
Karkowsky and seconded by Mr. Hines, the applicant was approved. Roll Call -
Unanimous.
CONCEPTS
There were no concepts to
come before the board.
ADJOURNMENT
There being no further
business to discuss, Chairman Lipari asked for a motion to adjourn. On a motion
made by Mr. Maggio and seconded by Mr. Visco, the meeting adjourned at 10:13 p.m.
Roll Call - Unanimous.
Respectfully submitted,
______________________________
Kelley Kehoe, Recording Secretary
Certified true copy of
minutes adopted at Planning Board meeting of March 8, 2012.
_______________________________
Meghan
Hunscher, Sec.
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