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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.

 

Last Updated ( Monday, 07 May 2012 )
 
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