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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.
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