PB Minutes - 7-26-12 Print E-mail


195 Changebridge Road, Montville Municipal Building


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.


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 - absent

Mr. Don Kostka, Deputy Mayor - present

Dr. Larry Kornreich - absent                                                   

Mr. Russ Lipari, Chairman – present

Mr. Tony Speciale (alt#1) - present

Mr. Larry Tobias (alt#2) – present

Also present:

Board Attorney:                        Michael Carroll, Esq. - present

Board Engineer:            Stanley 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




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

Board of Adjustment – Vice Chairman Lewis missed the last meeting and therefore had no report.

Board of Health – Mr. Tobias had no report.

Environmental Commission – Dr. Kornreich was absent.

Water & Sewer – Mr. Maggio had no report.

Historic Preservation Commission – Mr. Visco reported that they had a meeting last Monday and said only item on agenda was a Section 106 review for a water tank

Design Review Committee – Deputy Mayor Kostka had no report.

Site Plan/Subdivision Committee – Chairman Lipari had no report.

Economic Development Committee – Mr. Speciale reported that Mr. Burgis was their guest speaker at their last meeting and did a fantastic job giving a better understanding as to how the Master Plan interacts with the economic development of the town.

Open Space Committee – Deputy Mayor Kostka had no report.

Master Plan – Vice Chairman Lewis reported that the subcommittee met prior to tonight's meeting to discuss the Historic Preservation Master Plan element. They will pass along to the HPRC to receive input on the draft.  The document may be finalized as early as October.

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 had no report, and Art Maggio for Montville had no report.

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


There was no board discussion except that Chairman Lipari asked Mr. Omland to update the Planning Board on the Hook Mountain Road/Rt. 46/Old Bloomfield corridor. Mr. Omland explained that he was asked to prepare a preliminary assessment of potential road widening in this area.  Challenges to the widening include the location of a cemetery and impacts to the development potential of the former “Milan” property.  The memo will be sent to the Planning Board and Township Committee for their consideration.


Chairman Lipari opened the session to public comment for items not listed on the agenda related to land use matters. There was no public discussion.  The meeting was closed public comment for items not listed on the agenda related to land use matters by Vice Chairman Lewis, seconded by Mr. Hines. All in favor by voice vote.


Master Plan consistency hearing for Ordinance 2012-17 “Historic Preservation Review Commission.”

Mr. Burgis stated that the ordinance is consistent with the draft. Vice Chairman Lewis indicated that there may be additional recommended changes that arise from the Historic Preservation Plan Element, which is in draft stage, but he noted that the ordinance can still be amended in the future. 

On a motion made by Mr. Hines and seconded by Vice Chairman Lewis, the ordinance was found consistent with the master plan. Roll Call - All in Favor.

Discussion regarding Morris County’s Wastewater Quality Management Plan submitted to NJDEP

Chairman Lipari asked Mr. Omland to give an overview.  Ms. Hunscher indicated that Mr. Burgis’ office had prepared a memo with an overview for the benefit of the Planning Board members since the map has been under development for a number of years.  Mr. Omland said the purpose of the mapping was to determine where sewer service should or should not be.  It depicts existing and future conditions based on data that the NJDEP utilized, in particular the “landscape project” data to determine environmentally sensitive areas.  The process is now being coordinated by the County Planning Departments.  

The entire process has been delayed a few years, but the NJDEP is to hold a public hearing in Morris County in August to gather public comments.  He explained the overall procedure for the amendment process should the Township or private property owner wish to amend the map.  He indicated that the Water & Sewer Department, specifically Director Mazzaccaro, had been heavily involved with the process over the years. Mr. Omland said that the governing body is asked by NJDEP to adopt a “consent resolution” that acknowledges review and acceptance of the map boundaries as depicted. Ms. Hunscher explained that the Governing Body is seeking input from the Planning Board prior to adopting this resolution.  Mr. Burgis clarified and he will get a more information from Mr. Mazzaccaro for the Planning Board to consider, but that the mapping is generally consistent with master plan recommendations.


There were no waivers to come before the board.


There were no invoices to come before the board.


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

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

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 

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

Resolution 09-12 - Master Plan Consistency Hearing for Ordinance 2012-18 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 

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

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

Eligible: T. Braden, G. Lewis, A. Maggio, L. Karkowsky, D. Kostka, R. Lipari, L. Tobias 

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

Resolution 11-12 - HPRC Application No. 02-12 - Nagendra residence - 77 River Road (Block 1 Lot 6) Historic property listing William Hamma House - Restoration of dwelling - Approval (Board action 7/12/12)  Eligible: R. Lipari, G. Lewis, L. Karkowsky, D. Kostka, L. Tobias, L. Kornreich          

On a motion made by Deputy Mayor Kostka and seconded by Vice Chairman Lewis, the resolution was approved. Roll Call of Eligibles - Unanimous.


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


Planning Board minutes - July 12, 2012  Eligible: R. Lipari, G. Lewis, L. Karkowsky, D. Kostka, L. Tobias, L. Kornreich           

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

Planning Board subcommittee - July 12, 2012 Eligible: R. Lipari, L. Karkowsky

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


Mr. Omland had no notifications. He did discuss a letter from the County Planning Department to the Planning Board regarding the Towaco Village Center project, in particular the request to expand the sidewalk within the right-of-way along the property’s frontage. Mr. Omland indicated that the County Engineering and Planning Departments were interested in the Montville Planning Board’s position on the sidewalk and perpendicular striped parking. Discussion followed. The Board was polled and all supported this aspect of the development since it was generally agreed that the improvements would improve the appearance and functionality of the site. 


Mr. Carroll had no report.


PSPP/FC11-09 – JBT Realty - 339 Changebridge Rd. – B: 160, L: 25.1 – pre/final site plan with variances. (Board action 5/10/12 - not memorialized) Application reopened to address proposed building addition. - Ms. Hunscher noted that this would be carried over to the 9/13/12 meeting with newspaper notice preserved and mailings sent preserved with new 200’ notice required for unmailed notices.


Presentation by Board of Education - Proposed roof-mounted solar panels on the Montville Township High School (100 Horseneck Road, B: 124, L: 12.1) and Lazar Middle School (125 Changebridge Road, B: 123, L: 15) -

Ms. Hunscher note that this is a courtesy review. Michael Beck, Attorney of Hiering, Dupignac, Stanzione, Dunn & Beck representing Power Partners MasTec, LCC gave overview. He stated that the proposed design is compliant with ordinances. Mr. Michael Thomas, LP Engineer testified in regards to the roof top panels as to how they will be affixed and other equipment needed to run the system. He shared the overall solar array layout of aerial exhibit with the Planning Board. The High School site was described first.

Mr. Omland asked if there anything that the Township emergency services needed know about and any instructions. Mr. Thomas stated that the local fire departments would be trained. He asked about tree removal at the High School. There would be none. Mr. Tobias asked where they were manufactured, which was China. He inquired if they were able to handle hail storms, etc and asked about the voltage offset compared to homes. Mr. Thomas explained the meter service. Mayor Braden inquired about the wind meter for the system. Mr. Thomas said it was designed for hurricane force winds. Vice Chairman Lewis asked if this is used to teach students from an educational standpoint. Mr. Jeff Santaiti of Gable Associates discussed. Mr. Hines inquired about the cost of the project. The developers bear the cost of the project initially and then the school district has an option to purchase at the end of the lease agreement.

Mr. Speciale shared his concerns of roof access for the 4th of July festivities for the fire departments. He inquired about the aerial platform truck access. The applicant said that plans would be submitted to the Fire Departments for input.

Mr. Beck said the State Department has final approval, but the Planning Board can make recommendations as to how the project could be better. They will need to go the town for permits, requirements, etc. Mr. Santaiti explained why Montville schools were selected. They had to meet a certain criteria to even be accepted. He explained the warranty of the panels and service. Deputy Mayor Kostka asked about the financial benefits. The applicant explained the financial arrangement. 

Mr. Thomas described the Lazar Middle School project in regards to the solar layout, system size, ground inverter pads, and need for removal of two trees from interior of courtyard. Mr. Omland asked if they would offer thoughts in regards to the neighbors. They will be shielding panels. Mr. Burgis said this project was consistent with the state energy plans to promote alternative energy. Mr. Speciale inquired about the weight increase. Mr. Thomas said there was a structural analysis done in regards to panels, roofs, etc. Ron Ingle, Engineer said that they took into consideration for snow and live loads. They are meeting the state requirements and building permit requirements.

Chairman Lipari opened the meeting to public comment in regards to the solar panels at Montville Twp. High School and Lazar Middle School. There was no public discussion.  The meeting was closed for public discussion by Vice Chairman Lewis, seconded by Mr. Visco. All in favor.

Ms. Hunscher indicated that she will send a letter in support of the panels and any recommendations.

PSOIL12-15 EISCO-NJ – 3 Taylortown Rd – B: 56, L: 6 – I-2 - Soil Movement – carried from 7/12/12 notice acceptable.

Kristen Wolansky, Environmental Scientist representing EISCO gave overview discussing the excavation of the three spots on property. She discussed the Natural Resources Map, which is being done under the DEP. The Planning Board had asked for analytical data in regards to soil approval, which was not received yet. She was sworn in by Mr. Carroll along with Ms. Elana Seelman, PE and Environmental Engineer with Langan Engienering. Mr. Omland explained the application and his concerns. He inquired about the soil staging area. Mr. Steve Ciambruschini, Project Director from Langan Engineering and Geologist, described the soil standing areas and the work being done under permits.

Mr. Omland asked about the depth of the excavations and if they would be hitting any ground water. The depth would be seventeen (17) feet and yes they would be hitting ground water. They will be disposing of the water with Clean Waters of NY. Because they are less than 5000 square feet they are not subject to Morris County requirements, but are subject to town requirements. He also asked about the soil tracking and silt fencing. Mr. Omland said the Engineering Department will need to do site inspections and review. He said that soil tracking devices should also be installed. Ms. Wolansky said that they would be installed.

The PB is also asking for a detailed soil removal plan. Chairman Lipari asked how often it should be inspected? It was determined during set up, start up and rainstorms. They said it should be about a twenty day project. Vice Chairman Lewis was concerned with soil erosion issues. Mr. Omland said they must comply with the town's noise ordinance and work hour requirements. She said it will be done to comply with work hours and no Saturdays. Mr. Omland said he was comfortable with the application and Mr. Burgis was in agreement.

Vice Chairman Lewis inquired about the timeline of the total clean up. Mr. Ciambruschini said they are looking at the end of 2013 or 2014.  Mr. Tobias inquired about the background and history of the site and where they were headed. It was previously a pharmaceutical site. Mr. Omland asked if it was in the proposed wastewater sewer service area. Ms. Hunscher indicated that it was not.  Ms. Wolansky asked who she should be in touch with through the Engineering Department. Ms. Hunscher explained the process. Mr. Omland recommended the Board of Health be involved. Mr. Ciambruschini said that the BOH has been involved in the process. Mr. Tobias asked where the soil was being taken to, the answer to which is Clear Earth if Carteret. Mr. Lipari asked about the route the trucks would take, the answer to which will be Taylortown Road to Rt 202 to Rt. 287. Mr. Maggio asked if they would be going any wider in excavation on the property. They said the no, that the depth was the issue.

Chairman Lipari opened the meeting to public comment in regards to the soil movement at 3 Taylortown Road.

Maryann Rimsky of 20 Taylortown Road stated that she had lived there since 1954. She has lived through previous excavations of the property. She had concerns of the affects on the neighbors. She asked how they would be protected from this project. Mr. Omland asked Ms. Seelman to explain the procedures to Ms. Rimsey. She explained what happens under the NJ Department of Environmental Protection. He said the Planning Board is here to make sure they comply. He said the Engineering and Health Departments would be overseeing the project. She was concerned about the natural springs being disturbed and asked about the soil coverage during the project. The answer was that there would be no disturbance to neighbor’s wells and that they would not be impacting any bedrock. Vice Chairman Lewis asked if she was on well and septic - Yes. Mayor Braden asked her to contact the Township Officials with any concerns during the soil removal. Chairman Lipari said the Planning Board is doing everything they can to protect the neighbors.

Mr. Andrew Kaufman of 28 Taylortown Road shared his concerns of traffic affects on Taylortown Road during the project. They said they would be self managing the truck traffic and the there would be about twenty (20) trucks per day. They felt there is enough area on the property to stage the trucks. Chairman Lipari asked that there be no stacking of trucks on the town roads, only on the site. They were in agreement. He told the neighbors that if there was a problem with the traffic, then to contact the police and if concerns with dust, etc, then to contact the Town Officials. Mr. Kaufman asked if his well was tested. They said no, because it was up gradient, so therefore he was not affected by any contamination.

Ms. Melissa Iturralde of 24 Taylortown stated that she was the third generation of her family in her house. She was concerned that the County was not involved and how they would be protected. Mr. Omland explained the procedures and that the Township Officials would be overseeing the project. She was concerned with traffic on Old Taylortown Road. Applicant said they would make sure there was no truck staging in that area. She inquired about water testing after the project is complete in regards to cross contamination of offsite wells.  Applicant said they would be testing onsite wells. Mr. Omland suggested following up with the Health Department. She asked what the land would be used for after project. Mr. Carroll said the area was in the I-2 Zone, so therefore it was Industrial. Discussion followed.

The meeting was closed for public discussion by Mr. Hines, seconded by Mr. Maggio. All in favor.   On a motion made by Mr. Maggio and seconded by Mr. Hines the soil movement application was approved. 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. Hines seconded by Mr. Speciale, the meeting adjourned at 9:36pm. Roll Call - Unanimous.

Respectfully submitted, 

Kelley Kehoe, Recording Secretary


Meghan Hunscher, Sec.

Certified true copy of minutes adopted at Planning Board meeting of September 13, 2012.

Last Updated ( Tuesday, 16 October 2012 )
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