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MONTVILLE TOWNSHIP PLANNING BOARD
195 Changebridge Road, Montville Municipal Building
MINUTES OF THURSDAY, JUNE 14, 2012
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.
Ms.
Kehoe took the roll call.
ROLL CALL
Mr. Tim Braden, Mayor - present
Mr. Gary Lewis, Vice Chairman - present
Mr. Art Maggio – absent
Mr. John Visco - absent
Mr. Larry Hines – present
Mr. Ladis Karkowsky - present
Mr. Don Kostka, Committeeman - present
Mr. Larry Kornreich - present
Mr. Russ Lipari, Chairman – present
Mr. Tony Speciale (alt#1) - present
Mr. Larry Tobias (alt#2) – absent
Also 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. Omland, Mr. Burgis and Ms. Hunscher.
COMMITTEE REPORTS
Chairman Lipari asked the Committee members if they have any
reports:
Board
of Adjustment – Vice Chairman Lewis reported that they met last week and bulk
variances for a single family residence were approved.
Board
of Health – Mr. Tobias was absent.
Environmental
Commission – Mr. Kornreich had no report. They are meeting next week.
Water
& Sewer – Mr. Maggio was absent.
Historic
Preservation Commission – Mr. Visco was absent.
Design
Review Committee – Mr. Kostka had no report.
Site
Plan/Subdivision Committee – Chairman Lipari reported that waivers for new tenants
a 2 Changebridge Road
were approved.
Economic
Development Committee – Mr. Speciale had no report. They are meeting next
Wednesday.
Open
Space Committee – Mr. Karkowsky had no report.
Master
Plan – Vice Chairman Lewis said that the Master Plan subcommittee met with Mr.
Kevin Boswell, representative of the GI Auto site, in regards to zoning on the
parcel. There will be a discussion by the full Board by the end of June.
Cross
Acceptance Committee – No report.
Highlands Legislation Review Committee – Vice Chairman Lewis had no report
Fire
Districts – Chairman Lipari for Towaco had no report, Tony Speciale for Pine
Brook had no report, and Art Maggio for Montville
was absent.
SECRETARY’S REPORT - Ms. Hunscher had no report.
BOARD DISCUSSION
Chairman
Lipari opened up meeting to board discussion. There was no Board discussion.
PUBLIC DISCUSSION. Chairman
Lipari opened the meeting to public comment.
Seeing no one, he closed the meeting to the public.
PLANNING BUSINESS
There
was no planning business to come before the board.
WAIVERS
There
were no waivers to come before the board.
INVOICES
Burgis Associates Trust for:
$270, $303.75, $135, $1,113.75, $202.50, $202.50, $33.75.
On a motion made by Mr. Hines
and seconded by Mr. Karkowsky the invoices were approved. Roll Call -
Unanimous.
RESOLUTIONS
PSOIL 12-09 Boeckel, John - 20 Gunther’s View – B:
109, L: 30.11 – Soil Movement Application – Approval (May 10, 2012) Eligible: R. Lipari, L. Karkowsky, T. Braden, D.
Kostka, J. Visco, L. Kornreich, A. Speciale, L. Tobias
On a motion made by Mayor
Braden and seconded by Mr. Kornreich, the resolution was approved. Roll Call of
Eligibles - Unanimous.
PSOIL 12-10 Nagel, Peter - 4 Gunther’s View – B:
109, L: 30.03 – Soil MovemenApplication – Approval (May 10, 2012) Eligible: R. Lipari, L. Karkowsky, T. Braden, D.
Kostka, J. Visco, L. Kornreich, A. Speciale, L. Tobias
On a motion made by Mr.
Karkowsky and seconded by Mr. Speciale, the resolution was approved. Roll Call
of Eligibles - Unanimous.
PSOIL 12-12 Polise, Vincenzo – 75 Stoneybrook Road – B:
21, L: 4 – Soil Movemen Application – Approval (May 10, 2012) Eligible: R. Lipari, L. Karkowsky, T. Braden, D.
Kostka, J. Visco, L. Kornreich, A. Speciale, L. Tobias
On a motion made by Mr.
Kornreich and seconded by Mayor Braden, the resolution was approved. Roll Call
of Eligibles - Unanimous.
CORRESPONDENCE / EXTENSIONS / DISMISSALS
There
were no correspondence/extensions/dismissals to come before the board.
MINUTES
Planning
Board Minutes – May 24, 2012 -
Eligible: R. Lipari, L. Hines, G.
Lewis, T. Braden, A. Maggio, L. Kornreich, J. Visco, A. Speciale
On a motion made by Mr. Hines
and seconded by Mr. Kornreich, the minutes were approved. Roll Call of
Eligibles - Unanimous.
Planning
Board Sub Committee Minutes – May 24,
2012 - Eligible: R. Lipari, T.
Braden, J. Visco
On a motion made by Chairman
Lipari and seconded by Mayor Braden, the minutes were approved. Roll Call of
Eligibles - Unanimous.
LOI/DEP NOTIFICATIONS
There were no LOI/DEP
notifications to come before the board for discussion.
LEGAL/LEGISLATIVE
UPDATES
Mr.
Carroll reported that the Supreme Court issued an opinion in regards to
allowing individual condo/townhouse owners to put up political signs. They will
be doing the budget in the next couple of weeks. They also passed a bill today
to extend the statute of limitations of sexual assault cases.
NEW BUSINESS
PMS/C12-11
– Potomac Homes (Memory Care) – 55 River Road – B: 52; L: 64 – R-20A – Minor Site
Plan with Sign Variance – Notice Acceptable ACT BY: 8/31/12
Chairman
Lipari asked the applicant to appear.
Mr. Schepis gave his overview
of the minor site plan approval for the signage they are seeking. Mr. Burgis
stated the regulations. Mr. Schepis submitted Exhibits 1 & 2. Exhibit 1 was
dated 6-14-12 and was a copy of a state statute effective April 2, 2022
referencing 40:55D-66.1 with Senate Community Affairs Committee Comment
Statement. Exhibit 2 dated 6-14-12 was
an excerpt from Township Ordinances specifically section 230-214 which allows signs
to be permitted in “R Zone districts.” Mr. Carroll swore in the expert Erik
Hammerquist, Director of Operations of Memory Care. Mr. Hammerquist described
what service his company provides and the facility on River Road. The Montville house is one of twelve properties
they own. They have done a recent renovation and currently have a total of
three residents. He submitted Exhibits 3 & 4. Exhibit 3 was a picture of
the sign outside their Greenbrook, NJ home and Exhibit 4 was a picture of the
sign outside their home in Ramsey,
NJ. Mr. Hammerquist testified the
need for a sign outside their Montville
home, which was to help families and doctors, etc to find their location.
Chairman Lipari asked for Planning Board member comments. Mr. Hines inquired
about the maximum number of residents allowed there. Mr. Hammerquist responded that the facility
could accommodate sixteen residents, but fifteen most recently lived there.
Chairman Lipari opened the
meeting to public comments.
The first resident to appear
was Sharon Simino of 4 Fowler
Place. She stated that they were originally told
it would be kept residential in character fourteen years ago. They would not
like the sign to be erected. They are concerned that the values of their homes
have already decreased due to the economy. She inquired about the size of the
sign. Mr. Schepis stated that the sign area would only be 12 square feet. The
second resident to appear was Erik Bruchhauser of 57 River Road. He questioned why after
fourteen years, that a sign is now required for them to find this house. Mr.
Hammerquist could not explain why the need for it was now, but that they would
like it to be easily identified for loved ones, doctors, etc. The third
resident to appear was Bettina Zimny of 56 River Road. She stated she was happy
with the residential feel of the house. She does not want it to go more
commercial. Mr. Hammerquist again identified the need. He said residents are
unable to leave the home and the need to have all services brought in-house.
The fourth resident to appear was Adel Schaffer of 51 River Road. She inquired if it was the
same group of doctors that have been coming? Yes, he said they are the
internists, landscapers, beauticians, but not the specialists. There being no
further comment from the public, Chairman Lipari closed the meeting to the public.
Vice Chairman Lewis asked if
a smaller one foot sign would not provide the same purpose for identification
of the property. Mr. Hammerquist said it was a more uniform business sign for
advertising purposes. He stated that any advertising is better than none. Mr.
Burgis stated that a one foot sign is permitted. Mr. Schepis thought it had to
be attached to the building. Mr. Omland discussed the waivers, which were
reviewed and deemed complete. The application was accepted by Vice Chairman
Lewis, seconded by Mr. Hines - All in Favor.
The next witness, James P.
Cutillo of James P. Cutillo and Associates, Architects & Planners, was sworn
in by Mr. Carroll. Exhibit 5 was submitted. It was a group pf pictures of other
business signs in residential areas dated 6-14-12. Mr. Cutillo described the
signs. Chairman Lipari stated that six of the signs submitted were township
properties. He said he just took pictures of the signs in residential areas. He
went through the site plan. There were no changes besides adding the sign. They
were not asking for any use variance changes. They would be adding some
landscaping and stoneage. They would not be changing the use of the building. Chairman
Lipari asked for Planning Board member comments. Deputy Mayor Kostka asked Mr.
Carroll about Exhibit 5. He wanted to know if he voted no, would he be arbitrary.
Mr. Carroll discussed the legalities. He said that each property stands on its
own merit. He discussed the positive and negative criteria. They must establish
a need for it.
Vice Chairman Lewis asked Mr.
Cutillo if it was his opinion that a smaller sign would work. He said a sign
with a logo and number tells the whole story, where as the number alone doesn’t
tell everything. Mr. Burgis discussed the positive criteria and the negative
criteria. He said the local ordinance
limits it to only a one foot sign and that the state statute requires that the
requirements of a single family residential zone apply to these types of uses. Mr. Schepis said that the facility feels that
need for a sign and they have a legitimate reason to have a sign since they are
an institution. Mr. Hammerquist asked if the sign is reduced in size and made
to look more like the Wags and Whiskers sign with no phone number and free
standing would that work? Mr. Burgis stated that ordinance does not permit
signs for home occupations.
Chairman Lipari opened the
meeting for public discussion. Adel Schaffer returned with to point out there
was and existing mailbox with the “Potomac”
name already on it. Bettina Zimny of 56
River Road wanted to add that there was an
historic home in vicinity of the property. The meeting was closed to public
discussion by Vice Chairman Lewis, seconded by Mr. Hines – All in Favor.
There was no further
discussion. Chairman Lipari said that when the facility was established
fourteen years ago, signage was not allowed based on the ordinance at that
time. The Board members generally felt
that the applicant had not satisfied the statutory criteria to justify granting
the variance.
A motion to deny this
application was made by Mr. Karkowsky, seconded by Vice Chairman Lewis. Roll
Call – Unanimous.
HRC
Application No. 01-12 – Croatian Cultural Center – 164
Boonton Ave – B: 1; L: 6 – Replacement of Roof Shingles
Ms.
Hunscher gave an overview and presented a historic photographic of the site
from the New Jersey Historic Sites Inventory that was included in the HPRC
packet of information. She indicated that the existing roof had been leaking
and the applicant requested that the roof shingles be replaced with simulated
“wood shake” roofing since it was cost prohibitive to replace the roof with an
exact replica. The HPRC felt this was an acceptable form of roofing material
and had issued a resolution, which was previously submitted to the Planning
Board.
A
motion to approve the application and issue a zoning permit was made by Mr.
Karkowsky, seconded by Mayor Braden. Roll Call – Unanimous.
Break from 8:50pm to 9:00pm.
OLD BUSINESS
PSPP/F12-06
– Lake Valhalla
Club – 11 Vista
Road. – B: 11, 20, 20.01; L: 29, 1, 1 – LVC (LR Zone) – preliminary/final site
plan ACT
BY: 8/5/12
Deputy
Mayor Kostka and Mr. Karkowsky stated for the record that they had listened to
the meeting recording and are able to vote on decisions.
All
witnesses remained sworn. Chairman Lipari asked Mr. Burgis to bring the Board
members up to date on the issues of the need for additional parking in the Lake
Recreation Zone. Mr. Schepis continued his testimony with Mr. Garrett. Mr.
Garrett picked up with the improvements to the cottage referring back to
Exhibit A-5 (A-100 of the site plan) dated 11-17-10. First he discussed the
proposed changes to the cottage. They are looking to create bathrooms including
men’s and ladies’ rooms, locker storage, a yacht club area with an addition
including two outdoor showers with a roof for a safer and more appropriate
location. He referred to Exhibit A-2 (sheet 2 of the overall site plan) dated
1-26-12, which was prepared by David Egarian PE. He discussed the volleyball
court area including where it was located and the proposed netting referring
back to Exhibit A-1 (page 4 of the original package). They are also looking to
supplement some of the existing evergreens. He explained the gravel road, which
goes along the property to the yacht club area including the parking area for
access for the kayaks, sailboats, etc. The club had added some parking bumpers.
Chairman Lipari asked if was used only for only loading and unloading. He said
members usually leave their cars there when boating. Those parking spots were
included in the overall parking numbers. He said that just east of the gravel
road (northeast corner of the property) there was a heavy slope area. They are
asking for relief to leave the existing planting buffers. Chairman Lipari asked
for the Professionals’ comments. Mr. Burgis said that the existing structures
do not need a variance, but that the proposed fencing does. Chairman Lipari
asked for Planning Board member comments. Mr. Kornreich inquired if the cottage
is tied into the existing sewer system – Yes. There were no other board
comments. It was determined that the pictures accurately depict the existing
gravel road and parking bumpers.
Chairman
Lipari opened the meeting to the public for questions on the most recent
testimony given.
Evelyn
Hoops of 14 Diann Drive inquired about the parking in the grove. Mr. Garrett
said it was proposed for overflow parking and employees. She asked about the
stream. She was concerned about the quality of the stream. She was also concerned with the runoff. Mr.
Garrett said the bridge was proposed as a pedestrian bridge and the only vehicle
that would be used would be the gator. There would be no cars on the bridge.
She stated that the gate was open in the grove area. She inquired about the
cottage bathroom usage and who would be using it. She was concerned about the
safety of children crossing the street. Mr. Garrett stated that there was a
proposed crosswalk. She asked about the outdoor shower. She felt the showers
were more convenient where they are currently located. She inquired about the
bails of hay by the volleyball courts, which keep the sand from going onto Vista Road. Mr.
Garrett explained that they looked into getting either a high grass barrier to
act as a wind barrier, and they also discussed buying a cover for the courts
for over the winter months.
Mr.
Bauman of 10 Lake Shore Drive
asked about the parking in the grove. He had discovered since the last meeting
the new ordinance requirements of parking allowance and was concerned that the
expansion of the beach necessitated an increase in parking requirement. He also
stated that the beach had been expanded by 40%. Mr. Garrett stated that the
beach has never been expanded. Chairman Lipari asked Mr. Bauman for proof of
the beach expansion. Mr. Bauman asked about the patio expansion. Chairman
Lipari explained that it was in the testimony from the last meeting, and that
LVC is willing to get the necessary inspections. Mr. Garrett said that it was
preexisting and yes it was expanded. He said the new ordinance changed the
parking counts. Mr. Bauman addressed the cottage and his concerns with the
children crossing the street. The meeting was closed for public discussion on a
motion made by Mr. Hines, seconded by Vice Chairman Lewis - All in Favor.
Mr.
Schepis asked Mr. Garrett to discuss the proposed project south of Vista Road by the
ball field. He said the ordinance allows them three times per year to use the
ball field as an overflow parking area. He referred back to Exhibit A-1. They
are looking to relocate the gate off the paper road to their property. Vice
Chairman Lewis asked if they were using the paper road for parking - No. He
asked them to use their authority to not have members park on the paper street.
They were in agreement. Mr. Garrett said that there was a small retaining wall,
which was built last year on the south side of the ball field with minor
grading. There were no further Planning Board member questions. Mr. Burgis
asked about access way to the driveway on the opposite side of the paper street
and buffer plantings. Yes, they were willing to comply. Mr. Omland asked for
more plantings on the corner. If there were a fence he was satisfied. Mayor
Braden said that the money should be put into buffering other areas of LVC instead
of a ball field which is used three times a year for overflow parking. Chairman
Lipari asked about investigating was to shield the headlights shining into the neighbors homes.
The
meeting was open for public discussion.
Melonie
Unice of 1 Hathaway and 36
Valhalla Road stated the she would appreciate more
buffering. She suggested changing the entry gate for parking to Vista Road.
Cornelia
DiNuzio of 6 Hathaway Lane
discussed the fence along the tennis courts. The current screening does not
help. She suggested a tall/dense hedge, not evergreens. She asked that the club
not put back up the green screening since it kills the plants. Chairman Lipari
said that it would need to be worked out with the club. Mr. Bauman of the 10 Lake Shore Drive
submitted pictures of empty parking lots, while cars were parked on the street.
He had safety concerns. Mr. Carroll suggested he submit his pictures to the
Planning Board with a clear explanation of what he is presenting to the Board
in advance of the next hearing. Vice Chairman Lewis asked Mr. Burgis if he had
an opinion in regards to the shower. He asked if the Planning Board has jurisdiction
- Yes.
The
application has been carried with notice preserved to the next meeting date of
June 28, 2012.
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. Karkowsky and seconded by Deputy Mayor Kostka,
the meeting adjourned at 10:18pm. Roll Call - Unanimous.
Respectfully submitted,
Kelley Kehoe, Recording Secretary
______________________________
Meghan Hunscher, Sec.
Certified true copy of
minutes adopted at Planning Board meeting of June 28, 2012.
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