Planning Board Minutes - 7-12-12 Print E-mail

MONTVILLE TOWNSHIP PLANNING BOARD

195 Changebridge Road, Montville Municipal Building

MINUTES OF THURSDAY July 12, 2012

 

Chairman Lipari convened the meeting at 7:35pm 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 - absent           

Mr. Gary Lewis, Vice Chairman            - present

Mr. Art Maggio – absent

Mr. John Visco - absent

Mr. Larry Hines – absent

Mr. Ladis Karkowsky - present

Mr. Don Kostka, Committeeman - present (entered at 7:50pm)

Dr. Larry Kornreich - present                                       

Mr. Russ Lipari, Chairman – present

Mr. Tony Speciale (alt#1) - absent

Mr. Larry Tobias (alt#2) – present

Also present:

Board Attorney:                        Michael Carroll, Esq. - present

Board Engineer:            Charles Thomas, PE for Stan Omland, 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

COMMITTEE REPORTS

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

Board of Adjustment – Vice Chairman Lewis said they have not yet met. He reported that he would be missing the next meeting if anyone would like to attend in his place. He also, mentioned that Mr. Marinello asked for assistance to have high school students come to the meetings.

Board of Health – Mr. Tobias reported that they met July 9th. There were no minutes yet. He discussed recent approvals and denials.

Environmental Commission – Dr. Kornreich reported they would be meeting next Wednesday.

Water & Sewer – Mr. Maggio was absent.

Historic Preservation Commission – Mr. Visco was absent.

Design Review Committee – Deputy Mayor Kostka had no report.

Site Plan/Subdivision Committee – Chairman Lipari reported that four waivers were approved.

Economic Development Committee – Vice Chairman Lewis reported that they were meeting next Wednesday where Mr. Burgis will be addressing the Committee as to how the Master Plan interacts with the economic development of the town.

Open Space Committee – Mr. Karkowsky had no report.

Master Plan – Vice Chairman Lewis reported that they are scheduled to meet and discuss the Historic Preservation Plan element

Cross Acceptance Committee – Chairman Lipari had 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 was absent, and Art Maggio for Montville was absent.

SECRETARY’S REPORT - Ms. Hunscher had no report.

BOARD DISCUSSION

Vice Chairman Lewis had no board discussion.

Dr. Kornreich reported that he did review the tape from the last meeting regarding LVC.

Mr. Tobias stated that there are roadways in town that are not being maintained by trimming, hedging or mowing. He was concerned with the use of weed killers to keep the areas under control and that the chemicals being used are entering the water system and can be a potential fire hazard. Chairman Lipari suggested Ms. Hunscher contact the DPW.

Mr. Karkowsky thanked Ms. Hunscher for following up with the Jewel Court property.

PUBLIC DISCUSSION

Chairman Lipari opened the session to public comment for items not listed on the agenda related to land use matters.

Mr. Juan Carlos Iturralde 24 Taylortown Road commented on Mr. Tobias’ remarks in regards to the brush not being maintained. He had concerns of pets getting ticks, etc.

Chairman Lipari closed the session to public comment for items not listed on the agenda related to land use matters.

PLANNING BUSINESS

Master Plan consistency hearing for Ordinance 2012-17 “Historic Preservation Review Commission.” - Adoption postponed until the July 26th meeting.

Discussion regarding Morris County’s Wastewater Quality Management Plan submitted to NJDEP - Discussion postponed until the July 26th meeting.

Master Plan consistency hearing for Ordinance 2012-22 “B-6 Zone.” - Chairman Lipari reported that the Planning Board’s recommend was sent to the Township Committee and the governing body introduced the ordinance on July 10. Mr. Burgis explained the process. Chairman Lipari opened the meeting for public discussion. No discussion. The meeting was closed for public discussion.

On a motion made by Vice Chairman Lewis and seconded by Mr. Karkowsky, the Board found that the proposed additions to the B6 ordinance were consistent with the Master Plan. Roll Call - All in Favor.

WAIVERS

PMISC12-24 Chiral Phontonics – 20 Chapin Rd Unit 1105 - B: 183, L: 7.1 – I-1A – 3,200 s.f. office/3,300 s.f. warehouse (expansion of existing space 3,200 s.f. office/3,300 s.f. warehouse for a total of 13,000 s.f.)– Mon-Fri 8am-5pm – number of employees 19 (total upon expansion) – no outdoor storage – no additional signage - Ms. Hunscher gave overview.

On a motion made by Mr. Karkowsky and seconded by Mr. Tobias the waiver was approved. Roll Call - Unanimous.

INVOICES

Omland Engineering – Trust for: $1,080

Michael Carroll, Esq. – Trust for: $67.50, $270, $168.75, $168.75, $168.75, $135, $33.75, $67.50, $675, $67.50, $405

Burgis Associates – Trust for: $101.25, $540, $405, $236.25, $675, $675

On a motion made by Deputy Mayor Kostka and seconded by Mr. Tobias the invoices were approved. Roll Call - Unanimous.

RESOLUTIONS

PMS/C12-11 – Potomac Homes (Memory Care) – 55 River Rd. – B: 52; L: 64 – R-20A - minor site plan with sign variance - Denial (June 14, 2012)

Eligible: R. Lipari, L. Hines, G. Lewis, T. Braden, L. Karkowsky, D. Kostka, L. Kornreich, A. Speciale - Postponed until the July 26th meeting.

PMS 08-13 - Old Bloomfield Avenue Properties - 78 Old Bloomfield Avenue - B:173 L:8 B-3 zone - minor site plan six (6) month extension - Approval (June 28, 2012) Eligible: T. Braden, G. Lewis, A. Maggio, L. Karkowsky, D. Kostka, R. Lipari, L. Tobias - Postponed until the July 26th meeting.

Resolution 09-12 - Master Plan Consistency Hearing for Ordinance 2012-07 revisions to Chapters 8 “Historic Preservation Review Commission” & 230 “Land Use and Development Regulations” as it pertains to the HPRC (June 28, 2012)

Eligible: T. Braden, G. Lewis, A. Maggio, L. Karkowsky, D. Kostka, R. Lipari, L. Tobias - Postponed until the July 26th meeting.

Resolution 10-12 - Planning Board Recommendation to Governing Body to Include Retail as permitted use in the B6 Zoning District (June 28, 2012)

Eligible: T. Braden, G. Lewis, A. Maggio, L. Karkowsky, D. Kostka, R. Lipari, L. Tobias - Postponed until the July 26th meeting.

CORRESPONDENCE / EXTENSIONS / DISMISSALS

There were no correspondence/extensions/dismissals to come before the board.

MINUTES

Planning Board minutes - June 28, 2012  Eligible: R. Lipari, G. Lewis, L. Karkowsky, T. Braden, A. Maggio, D. Kostka, L. Tobias

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

Planning Board subcommittee - June 28, 2012  Eligible: R. Lipari, T. Braden, L. Karkowsky

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

LOI/DEP NOTIFICATIONS

Mr. Thomas had no notifications.

LEGAL/LEGISLATIVE UPDATES

Mr. Carroll reported that the legislature was in recess.

SWEARING IN OF PROFESSIONALS

Board Attorney Mr. Carroll swore in professionals: Mr. Thomas, Mr. Burgis and Ms. Hunscher.

NEW BUSINESS

HPRC Application No. 02-12 - Nagendra residence - 77 River Road (Block 1 Lot 6) Historic property listing William Hamma House - Restoration of dwelling - Ms. Hunscher gave overview. Mr. Carroll swore in Mr. Michael Romanik, and said he appeared before the Historic Preservation Review Commission. Vice Chairman Lewis asked if the HPRC had a discussion in regards to the 6 over 6 vs the 2 over 2 windows. Mr. Romanik said there was.  Mr. Lewis asked that the applicant reconsider the windown muttons and mullions to be as historically accurate as possible.  The applicant agreed to consider this at least on the side of the house that faces the street.  Mr. Kornreich asked about the removal of asepsis. Mr. Romanik reported that it would be done legally by the Building Department requirements. Deputy Mayor Kostka was also in agreement with Vice Chairman Lewis that the owner should go with the true historic feature of the six paned windows.

Chairman Lipari opened the meeting for public discussion. No discussion. The meeting was closed for public discussion.  On a motion made by Mr. Karkowsky and seconded by Deputy Mayor Kostka the application was approved. Roll Call - Unanimous.

The architect, Mr. Romanik, thanked Ms. Hunscher for all her help.  Vice Chairman Lewis thanked the owner for preserving the historical nature of the house.

PSOIL12-15 EISCO-NJ – 3 Taylortown Rd – B: 56, L: 6 – I-2 - Soil Movement -  carried with notice to adjacent properites preserved, but with the need for 200 foot list to be re-sent to the July 26th meeting.  Ms. Hunscher made an announcement for those present in the public.

OLD BUSINESS

PSPP/F12-06 – Lake Valhalla Club – 11 Vista Rd. – B: 11, 20, 20.01; L: 29, 1, 1 – LR Zone - preliminary/final site plan - Carried with notice from June 28, 2012 - ACT BY: 8/5/12

Mr. Steve Schepis, attorney, appeared on behalf of the LVC. The first witness to come before the Board was Bill Troutman, Member of the Board of Trustees of the LVC. Mr. Carroll swore in the witness. Mr. Troutman stated that he had been a member for the past 43 years. He lives on Rockledge Road and has been a member since the 1960's. He discussed past uses of the grove area, crooked brook bridge and the boat parking area. Vice Chairman Lewis asked Mr. Troutman about the previous use of grove area including lights and activities. Mr. Tobias asked if there was live music. Mr. Troutman indicated that there have always been activities in the grove since he could recall and at one time lights that shown down on the area. The meeting was opened to the public for questions regarding the previous discussion.

Ms. Karen Jacobis of Vista Road reported that she has lived there since the early 1970's. She disputed Mr. Troutman’s account and said that the activity reported by Mr. Troutman did not happen while she has lived there otherwise she would not have moved there.

Chairman Lipari said the he had visited the area of the grove today. He asked Mr. Burgis if he had inspected that area. He inquired about the effect of head lights on the house across from grove ingress / egress onto Vista. He asked about what other buffering they could do. Mr. Burgis said that they had recommended several plantings for that area, but not at this property. LVC said they were willing to work with the neighbor.  Mr. Anthony Garrett, still under oath, said that they were willing to work with the neighbor after Mr. Burgis proposed recommendations. Mr. Tobias was concerned that the buffering will help with the lights, but not the noise. Mr. Burgis said the plantings would not help minimize the noise.

Chairman Lipari asked about the crosswalk by the cottage. He asked Mr. Carroll if it would be included in the resolution - Yes. He said that even though we are asking as a Planning Board, that it would ultimately be up to the Township Committee and reviewed by the Traffic Safety Officer. He also inquired about a sign for the crosswalk. Once again it would be up to the Township Committee. Mr. Schepis said he would submit a detailed plan to the Township Committee for approval.

Vice Chairman Lewis asked about the exact use of the grove and its intended use for confirmation. Mr. Garrett said it would be used for 20-25 days/nights per year in the high season for overflow parking with employees first, then members under supervision. He said the grove will continue to be used as it is currently used for things such as the LVC picnic. He said the gate is locked for that area for all other occasions.

Mr. Garrett added that the crooked bridge will no longer be used for traffic anymore. They will be putting up a gate to prevent cars from crossing over, which will help control the traffic in that area. Vice Chairman Lewis asked for a commitment to the number of days for which the grove area would be used. He asked for no more than 30 days from late May to early September. Mr. Tobias asked that in the spirit of being a good neighbor, could the neighbors be notified of use. Mr. Garrett indicated that there is a website, which announces the big events when the overflow parking area may be used. Chairman Lipari asked when the bridge will close. Mr. Schepis said that he was not necessarily personally in agreement that it should be closed. Vice Chairman Lewis suggested that if after an investigation was done by a structural engineer, that the LVC could come back before the Planning Board and neighbors about the possible reopening of the bridge. Mr. Garrett stated that it would be closed within 10 days.

Mr. Schepis submitted Exhibit A-7 dated 7-12-2012 listing the 6 waivers they were requesting. He described each of the waivers they were requesting. Mr. Burgis stated that his list was consistent with his. He asked that the Planning Board give them the ability to install these improvements that are not affected by DEP approvals. Mr. Carroll was in agreement. Vice Chairman Lewis asked for a date that the grove area screening would happen. Mr. Garrett said that they are looking to do the plantings in the second planting season which is September/October. Chairman Lipari stated that the sooner it is done the better for both LVC and the neighbors. Mr. Burgis talked about the fencing setback requirements. He said the volleyball netting would be in violation, but in conformance if measured from the middle of road. He met with Mrs. DiNunzio on Monday and submitted a landscape plan that they came up with. Mr. Burgis described the recommendations. He was concerned with who was paying. Mr. Troutman said that she was going to pay. Mr. Thomas Fleishell, President of LVC, also stated that at the previous meeting she indicated that she was willing to pay. Discussion followed. Mr. Kostka indicated that all proceedings are recorded and if she said it then it's a done issue. Ms. Hunscher indicated that she will listen to the recordings and consult with the Board Attorney.   

The meeting was opened to the public for questions regarding the previous discussion.

Ms. Diane Licht of 52 Lake Shore Drove, member of LVC, commented on previous statements regarding the use of the grove from the early years. She indicated that there was standing water by the corner. She had concerns of noise with the sound carrying over the lake. She suggested LVC curb its size and parking. She felt the grove parking would have a negative affect on the neighborhood. The meeting was closed to the public for questions regarding the previous discussion.

Mr. Lipari opened the meeting to board discussion. Vice Chairman Lewis asked that the LVC get the appropriate approvals including current inspections for safety reasons. Vice Chairman Lewis asked for a number of days to complete requests. It was settled on 120 days.  Dr. Kornreich said that he was still concerned with the grove parking, where as it is shifting from one neighbor to another, which does not solve the situation. Mr. Karkowsky would like to make sure the permits are taken care of. He shared his grove parking concerns. He is hoping the LVC representatives will work with the neighbors. He asked that they meet with the neighbors to meet their concerns. Chairman Lipari indicated that the Board of Adjustment had put a limit on the number of members the LVC could have.

On a motion made by Vice Chairman Lewis and seconded by Mr. Karkowsky the application was approved with requested waivers and variances granted. 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. Karkowsky seconded by Deputy Mayor Kostka, the meeting adjourned at 9:25pm. Roll Call - Unanimous.

Respectfully submitted, 

Kelley Kehoe, Recording Secretary

______________________________

Meghan Hunscher, Sec.

Certified true copy of minutes adopted at Planning Board meeting of July 26, 2012.

 

Last Updated ( Thursday, 06 September 2012 )
 
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