MONTVILLE TOWNSHIP PLANNING BOARD
Road, Montville Municipal Building
MINUTES OF THURSDAY MARCH 8, 2012
No New Business to be Conducted Past l0: 00PM
Lipari convened the meeting at 7:35 p.m. and welcomed everyone to the Montville
Township Planning Board hearing and asked everyone to turn off all their cell
Kehoe took the 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 (entered at 7:52pm)
Mr. Ladis Karkowsky - present
Mr. Don Kostka, Committeeman -
Mr. Victor Canning - present
Mr. Tony Speciale (alt#1) - present
Mr. Larry Tobias (alt#2) – present
Mr. Russ Lipari, Chairman – present
Board Attorney: Michael Carroll,
Esq. - present
Board Engineer: Stan Omland, PE, Omland Engineering - present
Board Planner: Joseph Burgis, PP, AICP, Burgis Associates - present
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
Chairman Lipari asked the Committee members
if they have any reports:
of Adjustment – Vice Chairman Lewis stated that the regular meeting of March 7 meeting
was canceled in favor of the extra meeting scheduled for Thursday March 15.
of Health – Mr. Tobias stated that they would be discussing several issues at
the March 12 meeting.
Commission – Mr. Canning had no report, since he was not at the last meeting.
Chairman Lipari thanked Mr. Canning for his time, effort and experience that he
brought to the Planning Board. He said that this was his last meeting before
becoming the Montville Township Administrator. He also thanked the Township
Committee for appointing him.
& Sewer – Mr. Maggio had no report.
Review Preservation Commission – Mr. Visco said they met on February 27th to
discuss the role of HRPC and duties. They are looking to match lists and figure
out how they will designate new sites.
Review Committee – Deputy Mayor Kostka stated that there was no meeting in
February, therefore no report.
Plan/Subdivision Committee – Mr. Karkowsky had no report.
Development Committee – Vice Chairman Lewis had no report.
Space Committee – Deputy Mayor Kostka had no report.
Plan - Vice Chairman Lewis had no report.
Acceptance Committee – No report.
Highlands Legislation Review Committee – Vice Chairman Lewis stated that the
Highlands Committee approved our conformance plan. Their new task is to make
certain consistency amendments to the Master Plan and zoning ordinance.
Districts – Russ Lipari for Towaco; Tony Speciale for Pine Brook, Art Maggio
for Montville -
Chairman Lipari asked Ms. Hunscher if she had
anything to report. She indicated that she has received the packet from the Highlands with the next steps and will be going through
that with Mr. Burgis' office in the
next week. There is about $38,000 remaining of the $100,000 grant.
Ms. Hunscher also gave an overview of
procedures for granting waivers from checklists.
Chairman Lipari opened up meeting to board
Mr. Speciale - He reported first that the 321 Changebridge Road
improvements are beautifying the building and façade and the completion of the
grounds will add a tremendous asset to his businesses there. Second, he raised
concerns about import of debris at the Romola Enterprises property. Ms. Hunscher indicated that she will follow up
with the Engineering and Health Departments.
Mr. Tobias - No report.
Mr. Canning - No report.
Deputy Mayor Kostka - No report.
Mr. Karkowsky - Commended the Board and Land
Use office for all of their efforts, despite the Land Use Advisory Committee,
the formation of which he disagreed with.
He indicated he was happy to hear from Ms. Hunscher that there has been
positive feedback about the Planning Board and Planning and Zoning Division
from applicants and residents.
Mayor Braden - The mayor indicated that the
projector's are now working in an
effort to have paperless meetings. Now the residents/audience will be able to
view what the Committees are talking about. This is going to be for the
betterment of to all of our Boards and Committees.
Mr. Maggio - No report.
Mr. Visco - No report.
Mr. Tobias - He requested maybe adding a
dimmer switch to the lights for better viewing of the projections.
Chairman Lipari - The chairman indicated that
the Township Committee requested the Planning Board to review an amendment to
the zoning ordinance with regard to houses of worship. He also asked Joseph Burgis to provide
history to the re-zoning of the area in vicinity of Changebridge Road and Route 202
intersection, the OB-4 zone in particular.
The Chairman indicated that this area has been discussed a number of
times. He reiterated that there was a unanimous vote by the Planning Board not
to recommend to the governing body any additional rezoning at this location.
He asked Mr. Burgis for the history regarding
the property on Rt. 202. He asked if it would be a better approach for more
uses at that site. Mr. Burgis explained the greater range of uses are permitted
if the roadway is constructed. He gave a brief history of the application for a
gas station on the site and the rezoning decision process by the Planning
Board, which occurred after the application was withdrawn.
Chairman Lipari thanked Adam Brewer for his service as the Interim
Lipari requested a motion to open the meeting to the public for discussion of
items not on the agenda. On a motion made by Deputy Mayor Kostka and seconded
by Mr. Karkowsky, the meeting was opened to the public. All in favor -
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. Visco and seconded by Mr.
Hines, the meeting was closed to the public. All in favor - unanimous.
hearing for proposed amendments to Chapter 230: Land Use and Development
Chairman Lipari asked Vice Chairman Lewis to
introduce and Mr. Burgis to present his memo. Vice Chairman Lewis explained the
amendment regulations regarding political signs, farming and decks in lake
recreation zones. Mr. Burgis presented his report dated March 5, 2012.
Vice Chairman Lewis offered a motion to find
the proposed amendments consistent with the Master Plan. He requested that the Board Secretary include
language reaffirming “in the strongest terms” that the Board’s recommendation
of January 26 stands and that there is no recommended additional uses to the
OB-4 and OB-5 zones. Chairman Lipari asked fore comments. There were none. The
motion was seconded by Mr. Visco. Roll Call - Unanimous.
of Board Recording Secretary
Chairman Lipari requested a motion for an
extension of the appointment for Recording Secretary, Ms. Kehoe, through
December 2012. No discussion. On a motion made by Vice Chairman Lewis and
seconded by Mr. Karkowsky, the appointment was extended through December 2012.
Roll Call - Unanimous.
PMISC12-07 A. Mason Title – 115
Horseneck Rd. – B: 139.03, L: 7.3 – 376 s.f.
office for title company – 3 employees – hours of operation 9am-5pm Mon-Fri –
no overnight parking of vehicles – existing signage no change
Chairman Lipari summarized the waiver. On a
motion made by Mr. Karkowsky and seconded by Mr. Hines, the waiver was
approved. Roll Call - Unanimous.
PMISC12-08 Spallissima Wellness
Center – 160 Rt. 202 – B: 56, L: 14 – wellness center (entire
building) – 3 employees – hours of operation Tues-Sat 10am-7pm – refacing
existing signage – no overnight parking of vehicles – (Canal House)
Ms. Hunscher summarized. She indicated that
she spoke with the Township Attorney and although this is a historic property, since
there are no proposed external modifications, the HPRC does not need to review.
There are also there is sufficient number of spaces at 9 where 6 are needed (2
per station, 3 stations). On a motion
made by Mr. Hines and seconded by Mr. Visco, the waiver was approved. Roll Call
PMISC12-09 Garden State Landscape Products– 322 Changebridge Rd. – B: 156, L: 32.02 – R-27D –
mulch/top soil sales – change in signage requested – 3 employees – M-F 7am-6pm;
Sat/Sun 8am-6pm (no deliveries on Sunday) – overnight parking of 2 dump trucks
Ms. Hunscher indicated that applicant is
requesting to outsource permitted activities. She explained that the proposed
operation was consistent with or of lesser intensity than what was approved by
resolution in 2000. She indicated that the applicant also proposed to change
the content of sign and that there would be some truck activity. She stated the
applicant was present if there are any questions. Mr. Karkowsky asked if this
was a permitted use. Ms. Hunscher
indicated it was as approved by use variance.
Mr. Tom Fitzsimmons, owner, appeared. The board members asked questions about
operations. Hunscher stated that she met with the owner to ensure that all
operations permitted under the use variance and site plan approval granted by
the Board of adjustment would be complied with.
Chairman Lipari asked the owner the schedule a date with Ms. Hunscher
with the Site Plan Sub Committee. The item was tabled until the subcommittee
could convene to review.
Engineering – o/e FOR: $270, Trust for: $202.50, $135, $270, $337.50, $135,
motion made by Vice Chairman Lewis and seconded by Mr. Hines, the invoices were
approved. Roll Call - Unanimous.
Resolution for PMN/C12-01 – Sharpe, Steven - 18 Forest Place – B: 109, L: 5 –minor
subdivision with variances Eligible: Russ Lipari, Larry Hines, Gary Lewis,
Ladis Karkowsky, Tim Braden, Art
Maggio, Don Kostka, John Visco, Victor Canning
Hunscher indicated that there was one change in the resolution regarding the
wording change from “conservation easement” to “tree preservation easement.”
motion made by Vice Chairman Lewis and seconded by Mr. Kostka, the resolution
was approved with the change noted above. Roll Call of Eligibles - Unanimous.
CORRESPONDENCE / EXTENSIONS /
There were no
correspondence/extensions/dismissals to come before the board.
Planning Board Hearing - February 23, 2012- eligible: Russ Lipari, Larry
Hines, Gary Lewis, Ladis Karkowsky, Tim Braden,
Art Maggio, Don Kostka, John Visco, Victor Canning
On a motion made by Mr. Visco and seconded by
Mr. Karkowsky, the minutes were approved. Roll Call of Eligibles - Unanimous.
Ms. Hunscher indicated that there are no new
NJDEP notifications received since the last meeting and Chairman Lipari asked
Mr. Omland if he has a follow-up for the February discussion. He reported on
the 186 Pine Brook Road
project and his office did a site inspection. There could be issues and the
investigation is on-going.
Lipari asked Mr. Carroll for an update. He indicated that Court rejected Governor
effort to abolish COAH.
was no old business to come before the board.
Hunscher indicated that she spoke with Mr. Schepis and that the applicants were
amenable to trading places on the agenda.
*** Break from 8:27pm to 8:33pm ***
PMS11-07-12-07 Pizza Hut – 34 Rt. 46W – B:
176, L: 4.02 -
Completeness and waiver
hearing; amended minor site plan for expansion of existing façade and
new façade sign ACT BY: 4/19/12
Chairman Lipari to ask the applicant to
Mr. Schepis introduced himself and gave
overview. He presented an architectural design of the new signage and extension
of the façade. He explained that the
applicant needs new signage otherwise the Pizza Hut franchise will not allow
him to open his store. The applicant did
not have approval for the signage that the board previously approved since he
did not have prior approval of signage from the franchisor. The Board
Professionals indicated that the sign is in compliance with the ordinance.
The board found that the signage and proposed
façade modification was in compliance with the ordinance and on a motion made
by Mr. Karkowsky and seconded by Mr. Kostka, the applicant was approved. Roll
Call - Unanimous.
On a motion made by Mr. Tobias and seconded
by Mr. Hines, the completeness was certified. There were no board or public
comments. Roll Call - Unanimous
PMN/C12-02 – Weiss Construction - 2 & 4
Bellows Ln. – B: 41, L: 32 - completeness and
waiver hearing; minor subdivision with variances – Notice Acceptable ACT BY:
Chairman Lipari to ask applicant to appear.
Mr. Carroll swore in experts and applicant including: Joseph Mianecki, Licensed
Professional Engineer, Ms. Mia Petrou, Licensed Professional Planner, William
Weiss Jr, Principal of Weiss Construction, LLC.
Mr. Steven Schepis, Esq appeared on behalf of applicant.
Mr. Schepis introduced himself and explained
the proposal. They are looking to subdivide the property, which currently has
two homes on one lot. Both lots would be
undersized for the zone and CWR area, in which the property is located.
Vice Chairman Lewis stated that he felt he
could be impartial in his decisions in regards to knowing Mr. Weiss, property
owner, through community activities. There were no objections.
Ms. Hunscher asked Mr. Omland to discuss
waivers. He listed the waivers and his recommendations. Mr. Burgis concurred. A motion to approve the waivers was made by
Mr. Visco, seconded by Mr. Karkowsky. Roll Call - Unanimous.
Mr. Schepis asked Mr. Mianecki to explain Exhibit A-1 - Colorized Topographic Survey dated June 9 which was a colorized
version of the submitted plan and Exhibit
A-2 - Minor Subdivision map with
coloring which included the right-of-way
dedication. Both plans were submitted, but not in colorized version, with
Mr. Mianecki explained the markings and
colorings on Exhibit A-1 for Block 41, Lot 32.
He described the property and its existing contents and surrounding areas. Property
is currently serviced by town sewers and water and has above ground utility
wires. Chairman Lipari inquired if they were taking out oil tanks. Mr. Mianecki
stated that the property is currently serviced by natural gas. Mr. Schepis said
that if anything came up they would agree to remove. Mr. Mianecki also talked
about dedicating right-of-way on Mabey
Lane for sewer easement.
Mr. Schepis asked about Exhibit A-2. Mr. Mianecki explained the color codes. Said
they were proposing a bi-level home and a colonial home. Mr. Schepis said there
was a request from the Township for a dedication from Bellows Lane. Mr. Mianecki explained the
dedication details. Also, in addition they are including a dedication on Mabey Lane to
include a sanitary sewer easement. Mr. Schepis asked for the significance of
the red dotted line. Mr. Schepis asked about the drainage on the property as it
currently exists and asked if any test pits on property were conducted. Mr.
Mianecki explained. He said yes and the results were a slight to moderate
drain, which is consistent with bedrock.
There is currently no storm water drainage on property. He said it
drained towards Lincoln Park.
Mr. Schepis inquired what improvements would be done. Mr. Mianecki said they
would do a rain garden and dry well combination. Question of how it relates to
the current percolation. Mr. Mianecki said with improvements, more storm water
will be put back into the ground.
Mr. Schepis submitted Exhibit A-3 - historical
information related to site - including four (4) attachments. The purpose
was to show how the property relates to existing locations and properties and
the improvements. Mr. Mianecki said he reviewed the Prime Aquifer study. He
summarized the study and how it relates to the property in question.
Mr. Schepis submitted Exhibit A-4 which included maps of 1998 Uhl report from the Water and
Sewer Department, in particular colored maps 1, 6, 4, 3. Mr. Mianecki
explained Figure # 1 of exhibit map. He showed where the currents wells were
located. They are included Towaco
Valley drainage basin boundary.
Figure # 2 showed the extent of the Towaco Valley Aquifer materials. Figure # 3
showed the registered wells. The four digit number corresponds to the NJGS
database. Figure # 4 was a surface geologic map.
Mr. Schepis asked Mr. Mianecki if he had any concerns
regarding Mr. Omland’s memo. He did not. Chairman Lipari asked the
professionals for comments. Mr. Omland asked about the building setbacks and if
the plans that were submitted are final. Mr. Mianecki said that yes they are
the final footprints and exact configurations. He was asked if the roof drains
were shown. No they were not. There will be roof drains and rain gardens. Mr.
Omland asked if they were willing to modify and/or extend the swale if the drainage
did not reach rain gardens. Mr. Mianecki stated that yes they would. Asked if
outbound corners were set? No, they will determine outbound corners. Asked
about drainage flow. Mr. Mianecki explained. Other questions from Mr. Omland
included: No proposal to expand? Any increase in flow? No increase was the
answer from Mr. Mianecki. His issues
were satisfied except for the two (2) foot ledge at basin. Yes, they will
increase the size rain garden. Comments are satisfied along with Engineer
provisions. Also, asked applicant to agree to no further subdivision. Chairman
Lipari asked if the maps presented were received from the Water & Sewer
Department. Yes, they were.
Mr. Burgis summarized his memo and asked
about a monetary contribution for sidewalks and shade trees. Applicant agrees
to shade trees. Regarding sidewalks, Mr.
Omland said cost would be between $5,000 to $10,000. Mr. Schepis inquired where
the money would go. Mr. Burgis said it would go into an overall general fund
for town sidewalks. This is what the new ordinance requires. Mr. Omland asked
Mr. Mianecki if the homes would have basements. He said number 4 would have a
basement. Mr. Omland asked if the
resident would comply with town blasting requirements if necessary. Yes.
Chairman Lipari opened the meeting to
questions from the Planning Board members to Mr. Mianecki and Mr. Schepis. Mr.
Tobias asked Mr. Omland about the sidewalk requirements. Question about the age
of houses, was there any historic significance. Mr. Schepis said no. Mr.
Schepis said the requirements of Health Department were met. Mr. Tobias asked
in regards to gas lines was there any soil testing done? Mr. Schepis said yes.
Chairman Lipari reiterated that they said they would previously stated that
they would do if necessary. Deputy Mayor Kostka commented about the sidewalks,
only his opinion. Mr. Maggio said they could ultimately put sidewalks in lieu
of contributing to the fund.
The meeting was opened for public questions.
Ms. Lisa Casella of 21 Douglas Drive - as an employee of 5 Jacksonville Road.
Mr. Carroll said that she could not legally represent the company, but anyone
could ask a question. She inquired about the 100 foot buffer. Mr. Mianecki
explained that the current buffer was on the commercial property and not on the
No more questions. The meeting was closed to
Ms. Mia Petrou, Professional Planner, was
sworn in. Mr. Schepis explained that this application was also submitted to
various agencies. Tom Mazzaccaro
from the Water & Sewer Department not only approved, but said that these
homes would go along way to help the upgrade of the Bellows Lane neighborhood.
Chairman Lipari asked Mr. Omland if the owner
was doing everything he possible he could to protect the Prime Aquifer and promote
recharge. He asked if there was anything else that can be done. Mr. Omland said
that fact that the applicant was willing to expand the rain garden was in good
faith. Any enlargement to the rain garden would help. Vice Chairman Lewis asked
about the impervious coverage. Mr. Schepis talked about zoning and said there
was an overall goal to reduce impervious coverage to produce more natural percolation.
Mr. Schepis stated that this was an unusual situation with this application
with two houses already existing on the property without a subdivision. Mr.
Tobias asked if the ground slopes towards the prime aquifer. Mr. Schepis said
it slopes away from the property towards Bellows Lane toward Lincoln Park.
Ms. Petrou presented exhibits: Exhibit A-5 (photos of 2 and 4 Bellows Lane -
photos A through F) Ms. Petrou
explained the six photos and the existing property conditions.
A-6 (Aerial Photo) Ms. Petrou said
the applicant was looking to demolish the existing structures. Explained proofs
required for justification for granting of the variances requested. Mr. Schepis
asked a question in regards to the right-of-way dedication of Mabey Lane. Ms.
Petrou explained that they meet the ordinance requirements. It is currently a non-conforming
lot. Discussed existing overlay requirements, right-of-way dedication and how
it relates to the neighborhood.
A-7 (Lot Area Analysis) - Ms. Petrou explained the chart. The proposed lots
in question are still in the upper lot acreage range in comparison to other
lots in the neighborhood. There is a mix of newer and older homes in that area.
She stated that the property is the gateway to the neighborhood. The proposed
houses would still be in character with the neighborhood. Mr. Schepis asked
about zoning. Ms. Petrou said they meet the criteria for compliance
requirements of the setbacks. They are proposing more than what is required.
Mr. Schepis asked about adjoining properties and buffer requirements. He said
it is clear to say that it provides significant open space. Ms. Petrou said
that yes, the lot is buildable.
Ms. Petrou addressed the negative criteria.
Mr. Schepis questioned the potential if only one house is put on the lot. Ms.
Petrou said it would not fit in properly. This application is more consistent
with home sizes in neighborhood.
Chairman Lipari stated that there were larger houses on Bellows Lane. Ms. Petrou said yes, but nothing
in that section of the street.
Chairman Lipari asked if the professionals
had any questions. Mr. Burgis asked about c(2) arguments. Ms. Petrou explained.
Mr. Omland had no comments. Chairman Lipari opened to Planning Board member
questions. Mr. Maggio asked Mr. Omland about basements and if there were
issues. Mr. Omland asked Mr. Mianecki if they hit ground water. No. He asked
about the depths of the basements. Possible water tables of four feet. Mr.
Mianecki explained the main goal of recharge water is the clean water,
preserving forestry, natural areas, etc. Vice Chairman Lewis asked why the minimum
lot size was reduced under the ordinance for the CWR. Mr. Mianecki said it was
for the preservation of open space to promote recharge of the aquifer. Mayor Braden
asked if the line was drawn in the wrong place. Mr. Schepis explained the
reasoning as he stated to give the Planning Board a level of comfort that
whether or not this property owner is in prime aquifer, that there would be no degradation
to the environment or the aquifer. Mr. Schepis stated that this property was
not in the prime aquifer in his opinion based on engineering testimony and was
Mayor Braden said the best avenue then would
be to come to the Township Committee and ask for a line of the CWR to be
redrawn. Mr. Schepis said that unlike other properties; they are the only one
with two houses already existing on the property. They are offering no increase
on density of property and are going to be an improvement to the neighborhood. Mr. Schepis said the field
investigations prove that it is not in the prime aquifer.
Chairman Lipari opened the meeting for public
questions. Lance Spencer of 21
Douglas Drive said that he was a frequent hiker in
the area and stated that where property backs up to the industrial area,
portions of the property are wet and therefore part of the aquifer, in his
Chairman Lipari closed the meeting to public
Mr. Schepis referred to the sidewalk issue
and stated the property owner; Mr. Weiss agreed to contribute $5000 towards
future sidewalk development.
Mr. Tobias said he was in agreement with
Mayor Braden to send to the Township Committee to decide if it should be
On a motion to deny made by Mr. Karkowsky and
seconded by Mr. Visco, this application was denied due concerns regarding the need
to protect the aquifer. Roll Call - Vice Chairman Lewis stated that he would
support the motion, but they should have gone to the Environmental Commission first
for the Commission’s opinion to support requested relief. Mr. Tobias and Deputy
Mayor Kostka supported with a reluctant yes. Chairman Lipari suggested the same
as Mayor Braden for the applicant to request a line readjusted through the
Township Committee. Roll Call - Unanimous.
were no concepts to come before the board.
being no further business to discuss Chairman Lipari asked for a motion to
adjourn. On a motion made by Mr. Canning and seconded by Mr. Hines, the meeting
adjourned at 10:55pm. Roll Call - Unanimous.
Kelley Kehoe, Recording Secretary
Certified true copy of
minutes adopted at Planning Board meeting of April 26, 2012