PB Minutes 9-13-12 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 - 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





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.


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.


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.


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.


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.


There were no waivers to come before the board.


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.


The resolutions were postponed for adoption until September 27, 2012


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.


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.


Ms. Hunscher indicated that these will be discussed at September 27th meeting since she has not given them to Mr. Omland.


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. ***


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.


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.


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 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.


Last Updated ( Tuesday, 16 October 2012 )
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