ZBoA Minutes 11-7-07 Print E-mail




Montville Municipal Building, 195 Changebridge Road

8:00PM Regular Meeting


Stated for the record.


Christopher Braden –Absent                                    Thomas Buraszeski - Absent

Donald Kanoff - Present                                     James Marinello - Present

Deane Driscoll - Present                                    Richard Moore (Alt #1) – Present

Maury Cartine – Present                                   Carl DiPiazza (Alt #2) - Present

Gerard Hug – Entrance Noted

Also Present:                 William Denzler, Planner

                                Hank Huelsebusch, Engineer

                                Bruce Ackerman, Esq.


Stated for the record

Swearing in of Professionals

The following application was carried to 12/5/07 with notice preserved:

ZSPP/FCD5-07 Dunkin Donuts – 263 Changebridge Rd. – B: 149.04, L: 6 – amended site plan/use/bulk variances for fast food restaurant – Use variance/off street parking /sign variances – carried w/notice from 8-1-07- Eligible: Kanoff, Cartine, Hug, Driscoll, Braden, Buraszeski, Moore, DiPiazza, Marinello                                                                               ACT BY: 12/6/07


Note: Mr. Hug enters

ZSPP/CD4-07 Paul Miller Auto - B: 160.2, L: 9 – 51 Stiles Ln. – site plan/use and bulk

variances for occupancy of existing industrial warehouse and associated parking lot to store new

and used automobiles associated with the various local Paul Miller dealerships -                 carried /notice from 8-1-07 – Eligible: Kanoff, Cartine, Hug, Driscoll, Braden, Moore, DiPiazza, Marinello

                                                                                                                                ACT BY: 11/8/07

Present on behalf of the applicant:  Michael Sullivan, Esq.; Nick Devita, applicant, Patrick McClellen, PE

Mr. Ackerman stated that the fence ordinance has been revised and asked Mr. Sullivan how he wished to proceed.  Mr. Sullivan – The application will require additional variances for the fence, the fence was always on the plan and we noticed for any and all variances, so wish to proceed on application including variances for fence.  Mr. Ackerman  - Do you intend to apply and pay for those variance before the next meeting?  Mr. Sullivan – The fence was always on the plan, let us see where we are going with the rest of the application and then discuss the fence.  Mr. Marinello – Not comfortable with proceeding on the fence issue without proper notice to the residents.  Mr. Sullivan – If the Board is not comfortable, then we will have to carry.  Mr. Ackerman reviewed the new fence ordinance for the Board. Mr. Sullivan - The law in New Jersey states that each and every variance does not have to be noticed for and the fence has been on the plan from the beginning.  Mr. Hug – I am not comfortable with proceeding on the fence, the neighbors

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should be noticed and I rather hear this all at once instead of partial hearings. Mr. Marinello – I am concerned that a neighbor that was noticed previously and there was no variances required and now there are, they may want to be at a hearing on a variance for the fence.  Mr. Driscoll – I agree.  Mr. Cartine - The neighbors may have other issues if the fence variance was noticed for.  Mr. Marinello – Let us begin with the testimony and not vote tonight until new notice is done for the fence variances. 

Mr. Sullivan – Requesting preliminary and final site plan and use variance.  Currently no automobiles are allowed to be stored outside.  No more than 16 employees on site.  Hours of operation would be 7:30am-5:30pm Mon-Fri, there will be no customers to the site and no signage.  There is a variance requested for impervious coverage of 57.7% where 56.7% exists. 

Nick Devita, applicant – previously sworn

Anticipate 2-3 tractor trailer deliveries per week with 8-10 cars per tractor trailer. The trucks will enter by the horseshoe driveway and will leave the same way.  No deliveries on off hours.  Deliveries will occur between 10am-3pm.  It takes about ½ hour to unload.  The cars will come from the Stiles Lane Bridge and will return the same way.  There will be about 8-10 trips with cars per day.  There will be lifts inside the building, not hydraulic, and the lifts will be greased once a month.  There is passive exhaust through the roof presently, if allowed 4-8 lifts will have system like we have in the dealership currently.  We have cameras on the building at the Parsippany site which are monitored through the internet from Paramus site.  We plan to do the same in Montville. 

Mr. Denzler- How many cars from dealership a day?  Mr. Devita – 8-10 will come in and the same will leave during the day.  Mr. Huelsebusch – It may be safer to park the tractor trailer on Bader Road and unload.  Mr. Devita – We can do that.     Mr. Hug – How many outside parking spaces will be utilized with cars during a normal day?  Mr. Devita – 45-50 approximately.   Mr. Hug – How loud is the alarm system and will it effect the neighbors on Changebridge Road.  Mr. Devita – The sound can be lowered, we are currently next to apartments on Route 46 and we have had no complaints.  Mr. Cartine – What way will the cars be coming in and out?  Mr. Devita – Vail Road, the traffic is too backed up on New Road. 

Open to public for this witness - none

Patrick McClellen, PE – previously sworn

This property was upgraded in landscaping as a result of a planning board application in 2004.  There are 48 additional trees on site.  The applicant will add 10 additional white pine 10’ in height in the area by Bader Road that the Design Review Committee had concerns with.  Site distance reviewed.  Site distance to the left leaving the driveway is fine to the right there is a small hindrance from existing landscaping.  Existing on building there are 3 wall mounted lights at 1,000 watts each on Stiles Lane side.  4 wall mounted 500 watt bulbs on easterly side of building.  3 lights on Barnet Road side 500 watts.  On the westerly side there are 2 lights at 500 watts.  There are 2 poles existing in the parking lot with 2 1,000 watt bulbs on each of them.  The poles are 15’ high. The configuration of parking lot will be the same, but there will be some restriping and fencing in of 56 spaces. 

Mr. Denzler – Will sidewalks be required for this project was a question of one of the board members at the last hearing.  I suggest sidewalks be installed along Stiles Lane to other project currently under construction down the street but not on Bader Road.  Also suggest streetscape lighting.  Mr. Sullivan – The applicant does not wish to put in streetscape lighting, we do not see the need.  Mr. Marinello – I would agree that the sidewalks should be installed.  Mr. Huelsebusch – Do you propose to remove landscaping in site triangle?  Mr. Sullivan – We will either trim or remove to improve the site distance.  Mr. Cartine – Do you propose any new lighting?  Mr. McClellen – No.  Mr. Cartine – Will the lights be now all night where previously not?  Mr. McClellen – Will need some lighting due to security cameras.  Mr. Sullivan – The parking lot lights are turned off by a timer at some point in the evening and the applicant now requests that they remain on for security purposes.

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Larry Gage, owner - sworn

The lights currently come on around 5pm and go off about 1:30am. 

Open to public for this witness - none

Discussion ensued on when to carry the application.  Board discussion carried to end of the agenda of 12/5/07 and the board will go past 10:30 for new testimony.  The applicant will apply, pay and renotice for fence variance.

The application was carried to 12/5/07 with new notice required and an extension of time to act to: 12/6/07


ZC18-07 Berte, M. John – 18 Van Riper Ave. – B: 134, L: 3 – construction of an addition it single family residence and deck, variance for rear setback of 32.26’ where 50’ required and maximum building coverage of 2,897 s.f. vs 2,420 s.f.  Notice Acceptable

                                                                                                                                ACT BY: 12/20/07

Present on behalf of the applicant: M. John Berte Applicant, Larry Quirk, Architect

Larry Quirk, AIA - sworn

                Exhibits marked in:

                                A1 – Photo of front of applicant’s house

                                A2 – rear view of applicant’s house

                                A3 – photo of 20 Van Riper

                                A4 – photo of 16 Van Riper

                                A5 – photo of 18 & 20Van Riper

                                A6 – photo of rear yard of 16 Van Riper

                                A7 – photo of 17 John Henry Dr.

Mr. Quirk – Mr. Berte built this house in the 1960’s.  The deck was built in 1970.  The property is undersized for the zone.  The depth of the property in undersized.  Requesting a rear setback of 32.26’ to the deck where 50’ required.  Requesting a variance for building coverage of 2,897 s.f. where 2,420 s.f is allowed.  Propose a new open front porch; expand the kitchen, small dining area and family room.  Current bedroom will become a study and larger bedroom proposed.  Adding 2nd floor with dormers.  Rear addition  is proposed to be in scale with the existing house.  There are a number of different rooflines that cuts down on the look of the rear addition.  If the addition went to the side there would be a side setback variance required.  The proposed addition will be in keeping with the neighborhood.  The addition will be a positive influence on the neighborhood.  It will add character to the neighborhood.  Mr. Denzler – 2 variances and a design waiver requested.  Design waiver requested for driveway turnaround.  Recommend that the turnaround be provided. The house setbacks in the neighborhood seem to be in line with each other how would this be consistent with the neighborhood?  Mr. Quirk - The house behind the deck seems much closer than 50’. 

                Exhibit marked in:

                                Board exhibit 1 – aerial photo taken in 2005 submitted by Mr. Denzler

Mr. Denzler – Is there a hardship to the property that would allow for the variances?  Mr. Quirk – Yes, the property is undersized.  The depth of the property is 140’ and if the depth was to code we would not need a rear setback variance.  Mr. Denzler – I believe that the building coverage variance is excessive for this neighborhood.  Mr. Huelsebusch – Drywells would be required because of the additional impervious coverage. 

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Mr. Hug – The existing deck is how far from the rear yard setback right now?  Mr. Huelsebusch – 38’.  Mr. Quirk – 2 houses on the board exhibit are not depicted as they stand today.  Mr. Hug- I have seen what was built to the left and right of you but I am concerned with the coverage variance requested.  Mr. Hug – Could the deck be square with the back of the house? Mr. Cartine - I agree, put the deck no further than the proposed house setback of 36.26’ instead of encroaching further into the setback.   Mr. Hug – The deck can go further out the side than proposed behind the mudroom.

Me. Denzler – Though the houses to the side may be larger, this would set precedence to the rest of the neighborhood. 

Open to public – none – closed to public

 Mr. Marinello - Has anyone done the math with the proposal by Mr. Hug on the reconfiguration of the deck.  Mr. Quirk – I propose to keep the building coverage variance as requested since there is no usable space outside the dining area for a table and reduce the setback to 36.26’.  Mr. Denzler – The deck can be reduced to 195 s.f.

Motion to approve the application, subject to redesigning the deck to reduce to no more than 195 s.f., rear setback to be reduced to 36.26’ to the deck, the application is in keeping with the neighborhood, subject to drywells to be installed, and installation of the driveway turnaround made by: Mr. Hug; Second by: Mr. Driscoll; Roll call: Yes - Kanoff, Driscoll, Cartine, Hug, Moore, DiPiazza, No - Mr. Marinello

Mr. Berte is to work with the engineer to design a turnaround that will not take up the whole front yard.      

ZC20-07 Perella, Michael – 49 Horseneck Rd. – B: 139, L: 4 – variance for front setback of 21.9’ (existing and proposed) where 50’ required for 2 story addition – Notice Acceptable           

                                                                                                                                ACT BY: 12/20/07

Present on behalf of the applicant: Michael Perella Applicant

Michael Perella, applicant – sworn

Requesting a front setback variance because of an existing non-conforming structure.  The primary issue in the house is the stairway to the 2nd floor is very narrow.  This proposal changes the footprint the least from other variations we looked at.  We propose to extend an existing wall not looking to make it any wider and will allow to have a formal front door to the house which currently exists in the rear of the house and will make it a safer way to enter the house.  The current house is 1,200 s.f.

Mr. Denzler- The current front setback is 19’-21.9’.  In review of the survey the actual setback is 21’ not 21.9’.  It is less than a foot difference.  They did cover themselves with notice.  The variance will be for 21’.  Are there other 2 story houses on Horseneck Road?  Mr. Perella – Most of the houses in the area are 2 stories.  Across the street there are 3 new homes that are in excess of 3,000 s.f.  The proposal will bring this house more into comparison to the homes in the area.  Mr. Denzler – This is the only variance being sought and there is adequate turnaround provided.  Mr. Cartine – This addition will not be encroaching further than what exists?  Mr. Denzler – One portion of the house exists at 19’ where 21’ is requested. 

Mr. Huelsebusch- The deed to the property goes to the center of the road, there should be some sort of agreement sent to the town since there is a wall in the right of way. The township engineer should get a maintenance agreement for the wall.  Mr. Perella – The town rebuilt the wall and the town required the wall to be there.  Mr. Huelsebusch – I was not aware of that.  Mr. Marinello – Suggest a maintenance agreement be entered into with the wall unless there is already an agreement with the town. 

Open to public – none - closed

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Motion to approve the application, minimal variance request, setback 21’ where 19’ exists, maintenance agreement per testimony as it relates to the wall, consistent with the neighborhood made by:  Dr. Kanoff; Second by: Mr. Driscoll; Roll call: Yes - Kanoff, Driscoll, Cartine, Hug, Moore, DiPiazza, Marinello

Mr. Marinello – Mr. Denzler there will be a new master plan next year and the Board would like comments to come through you.  The Land Use office wanted a new subcommittee for review and comments of the new master plan document.  Mr. Driscoll, Mr. Hug and Mr. Marinello volunteered.


Minutes of October 3, 2007 - Eligible: Mr. Buraszeski, Dr. Kanoff, Mr. Driscoll, Mr. Cartine, Mr. Hug, Mr. Moore, Mr. DiPiazza, Mr. Marinello

Motion to adopt made by: Driscoll, Second by: DiPiazza; Roll call: Unanimous


                Shapiro & Croland - O/E for: 270, Trust for:  $444, $90, $390, $90

                Bricker & Assoc. – Trust for: $270, $300, $480, $90, $120, $720, $300, $270, $360

                William Denzler & Assoc. – Trust for: $30, $390, $210, $450, $180, $150, $150

Motion to approve made by: Kanoff, Second by: Driscoll, Roll call: Unanimous


ZC15-07 Scroggins – 5 Birch Pl. – B: 152, L: 1 – maximum building coverage 3,077 s.f. vs 2,708

s.f. for garage addition - Approval Resolution – Eligible: Mr. Buraszeski, Dr. Kanoff, Mr.

Driscoll, Mr. Cartine, Mr. Hug, Mr. Moore, Mr. Marinello

Motion to adopt made by: Moore; Second by: Driscoll; Roll call: Yes – Dr. Kanoff, Mr. Driscoll, Mr. Cartine, Mr. Moore, Mr. Marinello

ZC19-07 Brazinsky & Montemorra – 12 Dahl Dr. – B: 52.01, L: 6 – rear setback of 42’ where 50’required for sunroom addition – Approval Resolution – Eligible: Mr. Buraszeski, Dr. Kanoff, Mr. Driscoll, Mr. Cartine, Mr. Hug, Mr. Moore

Motion to adopt made by: Moore; Second by: Driscoll; Roll call: Yes – Dr. Kanoff, Mr. Driscoll, Mr. Cartine, Mr. Moore

ZSPP/FCD/ZMN35-06 – Anton Co. – 1275 Bloomfield Ave. – B: 181, L: 1 – minor subdivision/prel/final site plan with Use and bulk variances for construction of a 2 story mixed use commercial building.  Approval Resolution -  Eligible: Mr. Buraszeski, Dr. Kanoff, Mr. Driscoll, Mr. Cartine, Mr. Hug, Mr. Moore, Mr. DiPiazza, Mr. Marinello              

Motion to adopt made by: Cartine; Second by: Driscoll; Roll call: Yes –Kanoff, Driscoll, Cartine, Moore, DiPiazza, Marinello

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ZD27-05 DAB Associates – 43 Bellows Ln. – B: 41, L: 15 – request for 6 month extension to 6/7/08

The Board Secretary indicated that the site plan for this application is scheduled for January and the variance approval runs out in January so they are requesting a 6 month extension for the variances granted.  Mr. Denzler - From a planning prospective I believe the extension should be granted.

Motion to grant the extension to 6/7/08 made by: Cartine; Second by: Hug; Roll call: Unanimous

The planner and engineer were dismissed.

The Board Secretary reminded the Board that the next meeting is the special meeting on Hook Mountain Care center on 11/29/07 at 8PM. 


Discussion re: reappointments Braden, DiPiazza – If interested in reappointment please contact the clerk.

Discussion re: budget – Send comments to land use office

Motion to go into closed session to discussion personnel issues made by: Driscoll, Second by: Kanoff

Roll call: unanimous

Upon return from closed session the Board made a motion to purchase 9 copies of Land Use Administration for New Jersey Municipalities 2007 made by: Mr. Driscoll, Second by: Mr. DiPiazza; Roll call: Unanimous

There being no further business there was a motion to unanimously adjourn made by Mr. Hug, Seconded by: Mr. Cartine

Respectfully submitted,

Jane Grogaard

Recording Secretary

Certified true copy of minutes adopted at Zoning Board meeting of December 5, 2007.


Linda M. White, Sec.

With explanation


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