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MONTVILLE TOWNSHIP PLANNING BOARD
195 Changebridge Road, Montville Municipal Building
MINUTES
OF THURSDAY, SEPTEMBER 13, 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 -
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, Deputy Mayor - present
Dr. Larry Kornreich - present
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
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 had no report. He said the September 5th meeting was
canceled.
Board of Health – Mr.
Tobias said that he missed the July 9th meeting, therefore he had no
report.
Environmental
Commission – Dr. Kornreich discussed the fall events focusing on water
conservation with Mr. Mazzaccaro and Montville
Schools and topics to be
discussed at September’s meeting.
Water & Sewer –
Mr. Maggio reported on the following: that the Plishka Park project is over
their extension, different projects that are out for bid, current rain
shortage, and that the Barney Road & Two Bridges Road project is complete
and they are due to hook up services.
Historic Preservation
Commission – Mr. Visco reported that they met August 27th and
discussed the notification of designated sites. He said they would be
discussing the Master Plan at the next meeting of September 24th.
Design Review
Committee – Deputy Mayor Kostka had no report.
Site Plan/Subdivision
Committee – Mr. Karkowsky had no report.
Economic Development
Committee – Mr. Speciale reported that they are meeting next Wednesday.
Open Space Committee –
Deputy Mayor Kostka had no report.
Master Plan – Vice
Chairman Lewis reported that the subcommittee is due to meet prior to the next
meeting regarding circulation and historic preservation master plan elements.
Cross Acceptance
Committee – Chairman Lipari had no report.
Highlands Legislation Review Committee – Vice Chairman Lewis
had no report but commented on Ms. Hunscher’s email from ANJEC regarding
ability of municipalities to hear certain applications once the ordinance is
adopted.
Fire Districts –
Chairman Lipari for Towaco had no report, Tony Speciale for Pine Brook reported
that the fire department received a new truck that replaced a much older truck,
and Art Maggio for Montville
had no report.
SECRETARY’S
REPORT –
Chairman Lipari asked
Ms. Hunscher if she had anything to report:
Ms. Hunscher described the
information in the packets, including the letters from the Highlands Council. She
explained the specific order in which documents needs to be prepared, discussed
and adopted. Prior to the ordinance being adopted she will have to attend a
training session. Her office is working closely with Burgis Associates to make
sure that the deadlines are met.
There also may be an
opportunity once the ordinance is adopted for the Township to review some types
of applications.
ANJEC grant requires a
“kick-off” meeting to be held at EC meeting on 9/19. The ERI for the Highlands
will also be discussed. Since both are
map-centric (versus a written doc), Mr. Burgis will have power points for each.
She reported that a speaker
is scheduled from Choose NJ
for the EDC meeting on 9/19, which is the marketing arm of the State’s Business Action Center.
She said a letter was sent to
the attorney for the solar panel company regarding the Planning Board's support of the installation, which was forwarded
to the board.
She indicated that the
administrative resolutions that will be postponed.
BOARD DISCUSSION
There was no board
discussion except that Mr. Tobias inquired about the rain shortage. Mr. Maggio
said that we are not in a state-of-emergency, but in conservation mode. Mr.
Speciale asked about the status of the corridor of Rt. 46 and Hook Mountain Road.
Mr. Omland explained that his office is working on it. There is an insufficient
amount of right-a-way by the cemetery, which is an issue. There is a
possibility of widening it into the Milan
property. A plan has been submitted to the Township Committee, which has
jurisdiction over the decision.
PUBLIC DISCUSSION
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 Mr. Visco, seconded by Mr. Hines. All in favor
by voice vote.
PLANNING BUSINESS
Master Plan
Consistency Review for Ordinance 2012-27 Amending zoning map and rezoning Block
41, Lot 32 (Bellows Lane) from Prime Aquifer Overlay Zone to Restricted Area
Overlay Zone
Chairman Lipari asked Mr. Burgis
to give a brief overview of his memo.
Mr. Burgis indicated that in his professional opinion the proposed
changes to the ordinance were justified and were consistent with the master
plan. Mr. Lewis expressed regret that a lawsuit was filed and that the
applicant had not appeared before the Environmental Commission first and
presented its case in an effort to change the ordinance prior to applying to
the Planning Board.
On a motion made by Dr.
Kornreich and seconded by Deputy Mayor Kostka, the Board found that the
ordinance was consistent with the master plan and was approved. Roll Call of
Eligibles - Unanimous.
WAIVERS
There were no waivers to
come before the board.
INVOICES
Omland Engineering – O/E for:
$303.75; Trust for: $607.50, $405, $135, $202.50, $101.25, $101.25, $101.25,
$708.75, $202.50, $472.50, $405, $303.75, $371.25, $1,080, $236.25, $101.25,
$101.25, $101.25
Murphy McKeon – Trust for:
$360
Burgis Assoc – Trust for:
$701.25, $202.50, $742.50, $641.25, $1,653.75
On a motion made by Mr. Maggio
and seconded by Mr. Karkowsky, the invoices were approved. Roll Call of
Eligibles - Unanimous.
RESOLUTIONS
The resolutions were
postponed for adoption until September 27, 2012
CORRESPONDENCE /
EXTENSIONS / DISMISSALS
PMN/C10-05
Wallizadeh – 16 & 18 Old Ln. – B: 21.01, L: 36 & 37 – Extension request
through 12/31/12
Ms. Hunscher explained that there is a Board “act
by” date of September 20th since the application is complete, however she and Mr.
Omland met with the applicant’s engineer in May and there were significant
technical issues with the application.
The applicant is requesting more time to resolve them. Mr. Omland
reviewed previous actions of the applicant. There was no action taken for two
years. Ms. Hunscher asked for an end of December deadline. Vice Chairman Lewis
was in favor of an extension as to not burden the applicant with further fees. Mr.
Lipari asked Ms. Hunscher to convey to the applicant that the Board strongly
encourages them to submit revised plans by the end of the year in an effort to
move along the application otherwise the Board would have to vote on the
application.
On a motion made by Vice
Chairman Lewis and seconded by Mayor Braden, to approve the extension of time.
Roll Call - Unanimous.
MINUTES
Planning Board minutes - July 26, 2012
Eligible: T. Braden, G. Lewis, A. Maggio, J. Visco, L. Hines, D. Kostka,
R. Lipari, A. Speciale, L. Tobias
On a motion made by Mr.
Visco and seconded by Mr. Hines, the minutes were approved. Roll Call of
Eligibles - Unanimous.
Planning Board subcommittee - August 28, 2012 Eligible: R. Lipari, J. Visco, T.
Braden
On a motion made by Mr.
Visco and seconded by Mayor Bradon, the minutes were approved. Roll Call of
Eligibles - Unanimous.
LOI/DEP NOTIFICATIONS
Ms.
Hunscher indicated that these will be discussed at September 27th meeting
since she has not given them to Mr. Omland.
LEGAL/LEGISLATIVE
UPDATES
Mr. Carroll said that they
will be introducing into legislation to allow the court to have applicants with
outstanding escrow owed also pay attorney’s fees if the matter should go to
court for collections.
*** Break from 8:35pm to
8:45pm. ***
OLD BUSINESS
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. Carried from 7/26/12 with
newspaper notice preserved and new 200’ notice required for properties omitted
from original notice- new notice acceptable
Chairman Lipari asked the applicant
to appear. Mr. Carroll swore in Mr. David Johnson. Mr. Schepis indicated that
this application was reopened following the Board’s vote in May due to a
request from Mr. Johnson to put an addition on the rear of the building. No additional variances are required. Exhibit
A-3 (Minor Site Plan Modifications) was submitted. Mr. Johnson explained the
addition and its specifications.
Chairman Lipari asked for
Planning Board comments. Mr. Speciale inquired about fire and alarm systems.
Mr. Johnson reported that the Building Inspector, Brian
Laird said that no fire suppression was required. Mr. Schepis
stated that it would be built to building codes. Mr. Visco inquired how the
boat relates to the business use. Mr. Schepis said that this was a previous
outdoor storage issue and is now an extension of the existing building to house
the boat and it would not be considered outdoor storage. Mr. Omland inquired about the following:
penetration of the new addition to the existing building, new site plan
requirement, the materials of the addition, compliance of the 35 foot setback,
impact on the loading and unloading of the trucks in the back, and if it met
requirements of the July 12th memo.
Questions were answered to his satisfaction.
Chairman Lipari opened the
meeting to the public for questions regarding JBT Realty. There was no public
discussion. The meeting was closed to
public comment by Vice Chairman Lewis, seconded by Mayor Bradon. All in favor
by voice vote.
On a motion made by Mayor
Bradon and seconded by Mr. Vice Chairman Lewis the application was approved.
Roll Call – All in Favor with the exception of Mr. Visco.
NEW BUSINESS
PSPP/FC12-13 & PSOIL12-14 - B&B Custom Homes (a.k.a.
Tuscany Village) - 223 & 219 Changebridge
Rd. - B. 138, L. 11 - I-2A zone -
pre/final site plan with variances with soil movement
Chairman
Lipari asked the applicant to appear. Mr. Richard Sherman, attorney for the
applicant. Ms. Hunscher gave overview.
Mr. Carroll swore in Mr. William Iellimo, Owner, Mr. Joseph Mianecki Jr, PE,
PP, Consulting Engineer and Planner, and Mr. Kenneth Fox, Architect. Vice
Chairman Lewis stated for the record that the municipality he works for had at
one time retained Mr. Fox’s services, but there was no current professional
services agreement Mr. Lewis felt he could be fair. No other Planning Board
members or professionals had a problem with this.
Mr.
Sherman gave overview. Exhibits A-1 (Easement Agreement) and A-2 (Release of
Easement) were submitted. Mr. Omland and Mr. Burgis went over submission
waivers and check list. Mr. Omland felt the check list was complete. Mr. Burgis
had no additional comments on waiver issues. Ms. Hunscher reported that she was
provided with reports from the Water & Sewer and Health Departments, County
and DRC. She was still waiting on engineer, traffic and fire reports. A plan
review from the state may also be required.
The
first witness, Mr. Iellimo, resident at 9 Cliff Road, owner of B & B Custom
Homes, reported that he purchased this property in August 2009. He is a
resident of Montville
for 25 years; he has owned Joe’s Pizza since January 1982 and has been a
builder for the past 20 years. He is looking to move Joe’s Pizza to that
location with additional tenants. He will have indoor seating for 80 and
outdoor for 20. The hours of operation will be weekdays from 11am to 10pm and
weekends from 11am to 11pm or 12am.
Chairman
Lipari asked for Planning Board comments. Mayor Bradon asked the applicant if
was concerned about outdoor seating facing Kramer. The applicant indicated he
was not.
The
second witness, Mr. Mianecki explained his role as project engineer. He
submitted the following exhibits: Exhibit A-3 (Photograph Exhibit of Existing
Conditions), Exhibit A-4 (Colorized Cover Sheet dated August 9, 2012), Exhibit
A-5 (Colorized Version of Site Plan), Exhibit A-6 (Colorized Grading, Draining
& Utility Plan), and Exhibit A-7 (Colorized Landscaping & Lighting
Plan). He described the property in regards to: existing conditions, previous
history and cleanup of property. Referring to the site plan he described what
they were proposing.
Chairman Lipari opened the
meeting to the public for questions regarding this property.
Mr. Chris Bruno of Rockline
Industries and also a Montville Chamber of Commerce member introduced himself
and stated he will be appearing at the next meeting on September 27th
with representation since he works for a corporation. There was no other public
discussion. The meeting was closed
public comment.
This application was
carried over to the September 27th meeting with notice preserved.
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. Hines seconded by Mr. Speciale, the meeting adjourned at 10:00pm.
Roll Call - Unanimous.
Respectfully submitted,
Kelley
Kehoe, Recording
Secretary
______________________________
Meghan Hunscher, Sec.
Certified true copy of
minutes adopted at Planning Board meeting of October 11, 2012.
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