Planning Board Minutes - 4/26/12 Print E-mail


195 Changebridge Road, Montville Municipal Building



Chairman Lipari convened the meeting at 7:32pm and welcomed everyone to the Montville Township Planning Board hearing and asked everyone to turn off their cell phones.

Chairman Lipari welcomed new Planning Board member, Mr. Kornreich.

Ms. 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

Mr. Ladis Karkowsky - present

Mr. Don Kostka, Committeeman - absent          

Mr. Larry Kornreich - 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.- present

Board Engineer:            Stanley Omland, PE, Omland Engineering - present

Board Planner:              Kevin Kain, PP, Burgis Associates - present

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

Recording Secretary:                 Kelley Kehoe - present





Board Attorney Mr. Carroll swore in professionals: Mr. Omland, Mr. Kain and Ms. Hunscher.


Chairman Lipari asked the Committee members if they have any reports:

Board of Adjustment – Vice Chairman Lewis reported that there were two residential variances approved in the last month, which went very smoothly.

Board of Health – Mr. Tobias said the April 9, 2012 meeting was canceled. Nothing further.

Environmental Commission – Mr. Kornreich said they are working closely with Ms. Hunscher to have timely comments back to the Planning Board with the new subcommittee, which meets monthly. Also working with Ms. Hunscher on an Environmental Handbook to focus on information for the developers and town residents regarding important environmental issues. He informed the Planning Board members of the Arbor Day Celebration on Friday & the special Recycling Day for Saturday.

Water & Sewer – Mr. Maggio had nothing to report. He will forward Mr. Mazzaccaro’s report in the future to Board members.

Historic Preservation Commission – Mr. Visco said they met on April 2, 2012. They are trying to organize. There were two subcommittees created. The first is to review new ordinances. The second subcommittee is to review listed historic sites. They are working with Ms. Hunscher’s office.

Design Review Committee – Mr. Kostka – absent.

Site Plan/Subdivision Committee – Chairman Lipari reported that they had a meeting on April 12, 2012 to approve waivers.              

Economic Development Committee – Mr. Speciale reported on two meetings. He said that on the meeting of March 21, 2012 there was a presentation by Mr. Bill O’Dowd of his property on the corner of Rt. 202 and Changebridge Road and also Larry Casha of Casha & Casha regarding waiver process. Ilene Green of Market Share Communications presented marketing proposal. At the April 18, 2012 meeting there was a meet and great of the Township Administrator Canning and a presentation from Kevin Boswell of Boswell Engineering in regards to the GI Auto site possible developers.

Open Space Committee – Mr. Karkowsky – No report.

Master Plan – Vice Chairman Lewis – Two plans to discuss. Looking to possibly meet on May 17, 2012 at 6 pm. Ms. Hunscher to follow up.

Cross Acceptance Committee – No report.

Highlands Legislation Review Committee – Vice Chairman Lewis said they have a new executive director.

Fire Districts – Chairman Lipari for Towaco – no report. Tony Speciale for Pine Brook – reported that there were a couple of structural fires in town. Chairman Lipari stated that all departments did a wonderful job responding. Art Maggio for Montville – no report.


Chairman Lipari asked Ms. Hunscher if she had anything to report. She indicated that she and Mr. Kornreich finalized the application for a grant for the ANJEC and will know outcome by July 1st.


Chairman Lipari opened up meeting to board discussion.

Mayor Braden – No report.

Vice Chairman Lewis had three items to discuss. The first issue is that he passed 321 Change Bridge Road and the parking lot is paved and looks attractive. Second issue is regarding the existing gates on W. Serafin Way and whether the resolution to amend the subdivision had a condition that gates need to come down after the first CO.  Ms. Hunscher will look into it.  The third issue is at the last Township Committee meeting Deputy Mayor Kostka raised a level of concern on the sidewalk policy. Mr. Lewis recommends that this be discussed at a later meeting of the Planning Board.

Mr. Maggio - No report.

Mr. Visco - No report.

Mr. Hines – No report.

Mr. Karkowsky – Stated that he is very pleasantly surprised at how 321 Change Bridge Road is turning out. Great improvement.

Deputy Mayor Kostka – Absent.

Mr. Speciale – Discussed the Milan property in regards to the town possibly purchasing as a set back or town easement. Needs to be a two lane exit from light to highway. Chairman Lipari asked Mr. Omland to explain. He will bring it to the next meeting. He is looking to see what we can do to get it to two lanes. Mayor Braden said he is meeting with Administrator Canning & Assemblywoman DeCroce next week to discuss Rt. 46/80 corridor and will see if there are funds to improve that area as well.

Mr. Tobias – No report

Mr. Kornreich – No report.


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. Hines and seconded by Mr. Speciale, 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 Vice Chairman Lewis and seconded by Mr. Hines, the meeting was closed to the public. All in favor - unanimous.


There was no planning business to come before the board.


There were no waivers to come before the board.


Burgis Assoc. Trust for: $135, $33.75, $472.50, $303.75, $67.50

Omland Engineering Trust for: $405, $168.75

Michael Carroll, Esq. – O/E for: $540; Trust for: $101.25, $101.25, $67.50, $67.50, $405, $1,046.25, $135, $33.75, $67.50, $67.50, $405, $438.75, $33.75, $33.75, $67.50, $135

Chairman Lipari summarized the waiver. On a motion made by Mr. Karkowsky and seconded by Mr. Maggio, the waiver was approved. Roll Call - Unanimous.


PMN/C12-02 – Weiss Construction - 2 & 4 Bellows Ln. – B: 41, L: 32 - completeness and waiver hearing; minor subdivision with variances – Denial 

Eligible: Eligible: T. Braden, G. Lewis, A. Maggio, J. Visco, L. Hines, L. Karkowsky, R. Lipari

On a motion made by Mr. Maggio and seconded by Mr. Hines, the resolution to deny was approved. Roll Call of Eligibles - Unanimous.

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 - Approval

Eligible: Eligible: T. Braden, G. Lewis, A. Maggio, J. Visco, L. Hines, L. Karkowsky, R. Lipari

On a motion made by Mr. Maggio and seconded by Mr. Hines, the resolution was approved. Roll Call of Eligibles - Unanimous.


Resolution 07-12 - Master Plan Consistency Hearing and Findings for Amendments to Chapter 230


PSPP/F08-11 LaSala Development - B: 40, L: 30.03 & 30.04 – 2 Jacksonville Rd. – request for extension of approvals to: 2/26/13

On a motion made by Mr. Karkowsky and seconded by Mr. Visco the motion to approve the extension request was approved. Roll Call – Unanimous.


Planning Board Hearing – March 8, 2012 - Eligible: T. Braden, G. Lewis, A. Maggio, J. Visco, L. Hines, L. Karkowsky, R. Lipari

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

Planning Board subcommittee meeting - April 12, 2012 - Eligible: T. Braden - present, L. Karkowsky, R. Lipari

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

Planning Board subcommittee meeting - March 15, 2012 - Eligible: R. Lipari, J. Visco, L. Karkowsky, T. Braden

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


Mr. Omland reported.


Mr. Carroll reported.


There was no old business to come before the board.


PSPP/FC11-09 – JBT Realty - 339 Changebridge Rd. – B: 160, L: 25.1 – pre/final site plan with variance.  ACT BY: 8/3/12

Chairman Lipari to ask applicant to appear.

Mr. Schepis, Esq. appeared on behalf of the applicant. Mr. Carroll swore in the expert and applicant including Trustee David Johnson of JBT Realty and Licensed Professional Architect, Marc Parette.

Mr. Schepis gave an overview of the application.  He indicated that the applicant is proposing a 16 feet by 40 feet accessory building at the rear of the property that will not meet the required setbacks; a freestanding monument sign where one does not currently exist, and is not permitted under the former ordinance, to indicate address and tenants.  The site plan also indicates parking of tractor trailers, service and delivery vehicles as well as a boat. 

Exhibit A-1 (Photo of Boat) was submitted.

Chairman Lipari asked about previous three resolutions from 1992, 1994 & 1996 and indicated that no outdoor storage was approved. He said that the plan sets were not received until April 23, 2012 for Board members which does not meet the ten (10) days submittal in advance of a meeting requirement. He wanted to make sure the Planning Board members had time to review. There was no objection.

Mr. Parette stated his credentials and was accepted as an expert. Mr. Parette gave testimony about existing conditions and current usage including offices and warehousing.  Property slopes away from the road to accommodate two stories of occupancy. There is an existing approximately 28,000 square foot building, two stories, with tenants.  There is a shared access driveway with the adjacent building to the south.  He then explained that the applicant does not have room for storage in the existing building and is proposing an accessory building at the rear of the property to store maintenance vehicles.  Applicant is also and requesting permission to store outdoor storage for tractor trailers, delivery and service vehicles, which is permitted under the ordinance, and a boat associated with the business. Existing screening, in his opinion, is sufficient to shield proposed accessory building and vehicles.  He said that the “bubble” on bottom of site plan is an error and that they are not removing the existing parking stalls.

Chairman Lipari asked for comments from the professionals. Mr. Kain asked if there was going to be any more testimony on the variances that are required. Mr. Schepis said Mr. Parette already testified in regards to the storage shed area and parking requirements. Mr. Johnson will testify regarding the sign. Mr. Kain also inquired about the wetland area. Mr. Schepis indicated that the proposed accessory building will not disturb any wetlands or buffer areas.  There is a hardship in placing any accessory building due to the environmental constraints and this necessitates the variances for setbacks.  Mr. Omland asked about the “ultimate parking plan,” noting that is no longer valid with the ordinance at this time or NJDEP requirements and more information needed. He asked if they were willing to bring up to the current loading/ADA standards and also mentioned the streetscape lighting requirements. Mr. Kain asked about the sign ordinance requirements. Mr. Omland questioned the size of the sign and explained why the ordinance requires a smaller sign to not be a directory sign, but display the address for identification of the site.  He suggested different alternatives be examined. Chairman Lipari stated that there were many ways to redesign the sign to be more conforming.

Chairman Lipari asked for Planning Board member comments.  These included comments that site plan indicates letters are 6 inches, but should be 8 inches and that boat should not be stored on this location since it does not fit definition of outdoor storage.

Chairman Lipari opened the meeting for public discussion. No discussion. He closed the meeting to public discussion.

Mr. Schepis called his next witness, property owner, Mr. Johnson. Mr. Johnson was previously sworn.  Mr. Johnson summarized site history and indicated that he previously had storage sheds at the rear of the property and it has become infested with raccoons. They had originally been at the adjacent property - three in total.  Mr. Johnson relocated the sheds to the subject property.  He indicates that he will maintain or replace existing trees due to insect infestation.  He indicates no loss of parking will occur due to the new accessory structure. 

Applicant submitted Exhibit A-2 (picture of existing flowering trees outside building) dated 4/26/2012 to demonstrate existing trees at property. Mr. Johnson explained that site had shallow depth to bedrock and it would be difficult to plant shade trees as well as streetscape lighting.  Chairman Lipari and Planning Board members had no problem with not requiring the shade trees or streetscape lighting due to hardship.   

Mr. Schepis submitted Exhibit A-3 (sample of sign materials). Mr. Kain requested that the low level plants required around signage be planted. The owner consented to the plants. He also discussed signage size. Owner said he choose the larger sign size because of property layout. Mr. Schepis said the applicant submitted the application before the new ordinance went into effect. Ms. Hunscher said that the plans need to be modified to reflect the old ordinance. Mr. Johnson agreed to meet handicap accessible parking requirements. 

Chairman Lipari asked for Planning Board member comments.  The board members generally felt that the sign was too large and that they would rather see the address larger and illuminated and make the tenant names smaller. 

Chairman Lipari opened the meeting for public discussion. No discussion. He closed the meeting to public discussion.

Mr. Schepis asked to postpone until the May 10, 2012 meeting regarding the sign issues. Mr. Schepis said revised information would be submitted by Monday.  The application was noted on the record as being carried with notice preserved to May 10, 2012. 

*** Break from 9:50pm-10:00pm***

PMS/C12-03 Diversified Heat Transfer- 439 Main Road – B:81, L: 3 – Minor site plan with  parking variance – Notice Acceptable      ACT BY: 8/3/12

Chairman Lipari asked the applicant to appear.

Andrew Monteleone, Esq. appeared on behalf of the applicant.  Mr. Carroll swore in experts and applicant including Owner Jonathan Goldberg and Mark Daniels, Engineer, Land Surveyor & Principal Planner of Careaga Engineering.

Ms. Hunscher confirmed with applicant that application would be under new ordinance. Mr. Omland went through the checklist and said the application was submitted as satisfactory for review. Mr. Monteleone indicated that a parking variance is required due to eighty (80) spaces and 125 are required therefore there is a deficient of forty five (45) spaces.  Operation is Monday through Friday.  Mr. Goldberg summarized the company business. Mr. Goldberg indicated it is a fourth generation company and they manufacture heat exchangers.  Current location is 55 to 60 people in a 50,000sf facility in Brooklyn for 75 years.  He indicated that the company is making a big move relocating to Montville.  As far as number of employees, there will be forty five (45) initially and small facility maintained in NY with about ten (10) people.  In NJ, the company would have a max of forty five (45) people including offices and management - 35 in factory and 10 in office.  Workers range from engineers to management to machine operators and highly skilled welders as well as other types of skilled labor.  They will be hiring new employees since few will be coming from Brooklyn; about 90 percent of staff will be hired in New Jersey.  

Chairman Lipari asked for Planning Board questions. Mr. Tobias inquired about the number of parking spots in ratio to number of future employees on site, including how many additional people would be on site for meetings.  In long term, Mr. Goldberg said it is hard to say, but possibly another ten (10) employees.  There are very few meetings, if at all, at this location that require any significant amount of parking. 

Mr. Daniels stated his credentials and was accepted as an expert witness.  He discussed minor site plan (Exhibit A-1). He indicated there were a number of pre-existing bulk deficiencies that affected the lot.  However, there was no proposal to physically expand the building, but reconfigure the interior to allow for offices and manufacturing, which necessitates the parking variance.  With regard to site improvements, they are willing to upgrade handicap accessible signage and FDA requirements.  There is no longer a need for a dumpster. A compactor will be added in the rear in front of one of the bays. Therefore, there will be no increase in the impervious coverage. There is no change to the sign, but they will change company name & repaint, nothing that will impact on Municipal services provided.  Mr. Carroll asked Mr. Daniels if he felt that in his professional opinion, as a Professional Planner, if the granting of the variances could be justified under the c(1) “hardship” standard and if the statutory criteria, both positive and negative, were met.  Mr. Daniels responded that he agreed the variances could be granted.

Chairman Lipari asked for Planning Board professional comments. Mr. Kain said the sign is not consistent with the current plan. Mr. Kain inquired about the circulation on property. The company does not have plans to share the access drive with Seabreeze given recent upgrades to the Seabreeze property.  However, an interconnection still exists.  Mr. Omland inquired about the following items: he thanked the applicant for volunteering the streetscape lights; he has concerns that the compactor may create more noise for neighbors, but at this current location any noise should be muffled; required the fire department to investigate “knox box” and have a key to the gate; If future outdoor storage is proposed he wanted to make sure they understood they would need to come back for Planning Board approval. He also wanted the note on the plans indicating adjacent lot driveway is not in use removed from the plans due to reality of interconnection and wanted the plan revised to remove the dumpster and to lower impervious numbers given removal of dumpster pad. 

Chairman Lipari asked for Planning Board questions:

1. Inquiry about largest size of trucks and how frequent and the time of deliveries. Mr. Goldberg indicated that the largest truck would be 48 feet a few times a week in afternoon.  UPS, etc.

2. Suggestion that the applicant contact the Towaco Fire Department Chief and asked to please forward any information to Ms. Hunscher for Planning Board records.

Chairman Lipari opened the meeting for public discussion. No discussion. He closed the meeting to public discussion.

Mr. Lipari requested a motion. On a motion to approve made by Mr. Visco and seconded by Mr. Kornreich, the applicant was approved. There were no board or public comments. Roll Call - Unanimous


There were no concepts to come before the board.


There being no further business to discuss Chairman Lipari asked for a motion to adjourn. On a motion made by Mr. Visco and seconded by Mr. Hines, the meeting adjourned at 10:45pm. Roll Call - Unanimous.

Respectfully submitted, 

Kelley Kehoe, Recording Secretary

Certified true copy of minutes adopted at Planning Board meeting of May 24, 2012. 


Meghan Hunscher, Sec.


Last Updated ( Tuesday, 29 May 2012 )
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