ZONING BOARD OF
MINUTES OF JANUARY 7, 2009
Montville Municipal Building, 195 Changebridge Road
8:00PM Regular Meeting
STATEMENT OF COMPLIANCE
Stated for the record.
Moore – Present Thomas
Buraszeski – Present
Donald Kanoff – Present James
Marinello – Present
Deane Driscoll – Present Carl
DiPiazza (Alt #1) – Present
Cartine– Present Kenneth Shirkey
(Alt #2) – Present
Hug – Present
Also Present: William Denzler, Planner
Hank Huelsebusch, Engineer
Bruce Ackerman, Esq.
PLEDGE OF ALLEGIANCE
Stated for the record
Appointment of Temporary
Chairman – Motion to appoint Ms. Grogaard as Temporary Chair made by: Mr.
Marinello; Second by: Mr. Hug. Roll
Appointment of Chairman – Motion to appoint James
Marinello made by: Dr. Kanoff, Second by: Mr. Cartine, Roll call:
Unanimous. Moved to close nominations: Mr. Hug, Second by Mr. Cartine; Roll
Appointment of Vice Chairman – Motion to appoint Maury
Cartine made by: Dr. Kanoff, Second by: Mr. Hug, Roll call: Unanimous. Moved
to close nominations: Mr. Hug, Second by Mr. Cartine; Roll call:
Appointment of Secretary
& Assistant Secretary – Motion to appoint Linda
White as Secretary and Jane
Grogaard as Assistant Secretary made by: Dr. Kanoff, Second
by: Mr. Driscoll, Roll call: Unanimous
Appointment of Recording
Secretary - Motion to appoint Jane Grogaard
as Recording Secretary made by: Dr. Kanoff, Second by: Mr. Cartine, Roll call:
Appointment of Board of
Adjustment Attorney & execution of Professional Service Agreement – Motion
to appoint Bruce Ackerman, Esq. from Pashman Stein made by: Dr. Kanoff; Second
by: Mr. Hug, Roll: Unanimous
Appointment of Board of
Adjustment Engineer & execution of Professional Service Agreement – Motion
to appoint R. Henry Huelsebusch, PE from Bricker and Associates made by: Dr.
Kanoff, Second by: Mr. Hug, Roll call: Unanimous
Appointment of Board of
Adjustment Planner & execution of Professional Service Agreement – Motion
to appoint William Denzler, PP from William Denzler & Associates made by:
Dr. Kanoff, Second by: Mr. Cartine, Roll call: Unanimous
Designation of Meeting Nights
for Board of Adjustment as follows:
1st Wednesday of every month @
January 7, 2009 July 1,
4, 2009 August
March 4, 2009 September
April 1, 2009 October 7, 2009
May 6, 2009 November
June 3, 2009 December
Motion to adopt made by: Mr. Hug; Second by: Dr.
Kanoff, Roll call: Unanimous
Designation of Official
Newspaper for Legal Purposes
Daily Record & The Citizen of Morris
b) The Star
Motion to adopt made by: Dr. Kanoff, Second by: Mr.
Hug, Roll call: Unanimous
Adoption of By-Laws
Motion to adopt bylaws made by: Dr. Kanoff, Second by:
Mr. Buraszeski, Roll call: Unanimous
Adoption of Annual
Motion to adopt made by: Mr. Hug, Second by: Mr.
Buraszeski, Roll call: Unanimous
Mr. Buraszeski made a motion
to appoint Dr. Kanoff, Mr. Hug and Mr. Marinello to the Invoice Review
Subcommittee; Second by: Mr. Driscoll.
Roll call: Unanimous
Mr. Buraszeski made
a motion to appoint Mr. Driscoll, Mr. Hug and Mr. Marinello to the Master Plan
Subcommittee; Second by: Mr. Driscoll.
Roll call: Unanimous
Mr. Buraszeski made a motion
to appoint Mr. Driscoll as Planning Board Liaison Second by Mr. Hug, Roll call
Swearing in of Professionals
The Lowes applicant agreed to
allow the Reier application to proceed first
Reier – 20 Crest Terr. – B: 125.03,
L: 12 – lot grading and slopes for installation of pool, patio and retaining
walls ACT BY: 3/26/09
Present on behalf of the
applicant: John Reier, applicant; Scott Levy, AIA; Michael Jurist, PE
Mr. Reier - sworn
We would like to put in a
pool and found out there is a steep slope variance required and a fence
variance. There is an easement and
wetlands through the property.
Scott Levy, AIA – sworn –
A1 – colorized site plan submitted to the board
A2 - Photo aerial view colorized
Mr. Levy – Reviewed the
property for the Board. This is an oversized
lot for the zone. There is a 36,000 s.f.
area of wetlands buffers. To the north
is a 5,400 s.f. drainage easement. There
is steep slopes to the westerly side of the property. This lot is restricted as to where the
development can occur and causes a hardship to the property. The 2 variances requested are intrusion into
slopes and a fence variance for aluminum where wood is required. The lot complies with building and impervious
coverage. There will be zero runoff from
the site. The cabana will be 1 ½
stories. Mr. Denzler – Accessory
structures are not allowed to be more than 14’ in height. Mr. Levy – We will comply with what is
required. The location of the pool
proposed is less of an impact to the slopes.
Disturbance of slopes is only about 600 s.f. in a 9,000 s.f. area. The aluminum fence is more in keeping with
the neighborhood so requesting variance for aluminum vs. wood. No impact to the wetlands due to
construction. Benefits outweigh the
detriments. The proposal is in keeping
with the neighborhood. Landscaping will
be provided. The majority of the slopes
on site are not being affected.
Michael Jurist, PE – reviewed
credentials - sworn
The proposal will capture the
runoff from the impervious area with a trench drain at the lower half of the
driveway and the roof leaders will drain into a drywell system which will tie
into the storm sewer system at the street.
The retaining wall drain pipes will tie into the drywell system and
storm sewer system. Will provide soil
erosion control measures during construction.
Mr. Denzler – Accessory
structure height is limited to 14’. Mr.
Levy – Will comply. Mr. Denzler – In the
ordinance only wood fences are allowed which may be amended in the near future
so would recommend granting of the fence variance. Mr. Denzler – A lot of the hardship is
because of the size of the construction, can eliminate part of the patio and a
wall to eliminate variance. Mr. Levy –
The pool is narrow in width which is smaller than the other pools in the area.
We could reduce the pool in length but would not allow it to be a lap
pool. There is plenty of room between
the pool patio and the other patio; 25’ exists, reduced to 20’. Mr. Denzler – What is the purpose of the wall
in the slopes? Mr. Levy – To open up the
usable area by 4’.
Mr. Huelsebusch – The most
recently revised plans comply with my comments.
The proposed fence is a better fence than wood. Applicant must comply with the utility
easement restrictions as it relates to the fence.
Open to public – none –
Mr. Cartine – If the pool was
moved 1’ closer to the home would it create less variances? Mr. Huelsebusch – It is because of
aesthetics. Mr. Cartine – Is it worth
moving closer to the house to disturb less slopes? Mr. Huelsebusch – It would be
inconsequential, the engineer has provided drains, drywells, etc. to capture
runoff from additional impervious coverage.
Motion to approve the
application, oversized lot, constrained lot by easement and wetlands, minimal
disturbance made by: Buraszeski; Second by: Driscoll; Roll call: Yes - Hug,
Cartine, Kanoff, Buraszeski, Driscoll, Moore, Marinello
Lowes (Avila/Nemeth GI Auto) – 85 Bloomfield Ave. – B: 167, L: 28-32; B: 178, L: 3;
B: 179, L: 1 – pre/final site plan/use variance/bulk variances for construction
of Lowe’s Home Improvement Center and mixed use retail building – Carried
w/notice from 11/5/08 & 12/3/08 – Eligible: Buraszeski, Kanoff, Driscoll, Hug, Cartine, Moore, DiPiazza, Shirkey, Marinello ACT BY: 1/29/09
Present on behalf of the
applicant: James Kelly, Esq., Kevin
Boswell, PE, Kevin
Bolger, Lowe’s Representative
Mr. Shirkey certified to the
Kelly – Mr. Boswell will testify to the specifics of the site plan and will
review the questions from the last meeting.
Boswell – previously sworn
regards to the abandonment of a single use building, Mr. Namesh will discuss this
at a subsequent hearing. Mr. Hug’s
question on how access to the site will occur from 46E will be answered at the
next hearing by the traffic expert. We
have come up with a proposal that balances the earthwork calculations. The proposal is significantly less than what
zoning allows. This is a rational and
appropriate development plan to be built on the property. The lighting system will be a NOVAR lighting
system. A regional contractor will
maintain the property who maintains many sites for Lowes.
Boswell – I have met with the Township Engineer, Board Engineer and Board Traffic
Engineer since the last hearing. We
submitted follow up data to the traffic engineer and a report was received from
Mr. Keller indicating that both as of right plans show higher trip generations
than the proposed plan. We received
information that the DOT has plans to replace the bridge over Rt. 46
eastbound. We were asked to contact DOT
to find out what their plans were. We
met with the representative from DOT, this is part of the economic stimulus
plan and the structure is in poor condition and is being replaced in kind in
2009 due to being an unsafe structure.
It will be replaced in exact size and location.
Boswell – The site is a 37.19 acre parcel.
The drainage will have 4 separate detention basins designed per the BMP
manual. Reviewed the drainage system to
the Board. We will incorporate twice the
amount of storage than typical for a proposal this size. Will comply with the Water and Sewer/DPW
report. Will bring 12” water line to
site to allow for adequate fire protection.
Lowes as a user uses less than 21% of water usage for their sites. Route 46 in front of property will be widened
16’ which will create 44’ width curb to curb.
Will need an 18’ high retaining wall due to widening of the road. No other retaining walls proposed on
site. There is a center circulation
aisle. 193 car parking near 48,000 s.f.
building and 592 spaces oriented by Lowes building. There is an access in on Old Bloomfield Avenue and an access out
by Old Bloomfield and Chapin. Route
46 will be the sole access for all delivery vehicles for national carriers,
cannot say for mail and other type deliveries.
Instead of putting islands in between each parking aisle we propose
wider islands in every other aisle, it meets the DOT requirements.
Boswell – The separation of buildings is 320’ where requirement is no more than
100’ because it would push the parking out further and people would have a
longer walk to the building. There will
be cross walks in certain locations but do not propose a separate pedestrian
walkway. The Route 46 driveway will
require DOT approval. We have submitted
a concept site layout to DOT. We expect
a report shortly. The project lies
within the 100 year floodplain. 18 acres
of the property are wetlands or not used currently. There will be a reduction in the current
disturbed area to approximately 17 acres.
All unsuitable material encountered during grading will be removed and
replaced with acceptable material as per DEP requirements.
Boswell - The access from Route 46 will be installed before any opening of the
building. The distance from the nearest
light as to the nearest neighbor is over 400’.
The only unshielded lights on the property are the streetscape lights
require by the Township. The 85 s.f. pylon sign is proposed to be
illuminated. There are 3 signs
associated with the Lowes building. All
building signs are directed toward Route 46.
Mr. Boswell – Propose evergreen buffer screen along Maple Ave and landscaping along the
wetlands to shield all lights to any residential area.
Denzler – What about light glow from massive parking lot will that effect
residential area? Mr. Boswell – No, we
will only have security lighting after hours.
Will provide a detailed lighting analysis of direct, indirect and halo
lighting from the site. Mr. Denzler – Can
you provide zoning requirements for the as of right concepts from the last
hearing. Mr. Boswell – Yes. Mr.
Huelsebusch – Stream encroachment and floor hazard permits, will you submit for
permits? Mr. Boswell – Yes.
Huelsebusch – Have you evaluated the extent of clean up on the property? Mr. Boswell – There is an ongoing tank pull
clean up that is minor in nature, there is going to be extensive structural
reinforcement of the property which is a far more intensive task then the
Shirkey – Can you bank some of the parking spaces, it seems like a lot of
spaces. Mr. Boswell – Will look into
that but the applicant found the number adequate for the use. Mr. Hug - Would like a construction schedule,
concerned with construction vehicles coming through Bloomfield Ave during construction
instead of Route 46. Mr. Cartine – Can
the buildings be seen from the residential properties.
to public – none – closed
with notice preserved to 3/4/09 extension of time to act to 3/5/09
NOTE: Mr. Hug stepped down on the following application:
ZSPP/FD23-08 Youssef, Eli–
437 Main Rd. – B: 81, L: 2 - Prel/Final Site Plan and Use variance to allow
development of a 2-story building consisting of a retail bagel shop and a two
bedroom residential apartment Notice Acceptable ACT
Present on behalf of the
applicant: Michael Sullivan, Esq.; Eli Youssef, Applicant; Mark Paulus, PE;
Steven Boshart, AIA
Mr. Sullivan – Propose bagel
market on first floor and 2 bedroom apartment on 2nd floor. This market is not to replace existing Eli’s
Bagels, but compliment it. There will
not be any tables proposed. Hours of
operation Mon-Fri 5am-6pm and Sun 5am-4pm.
Apartment to be used by an employee of the market. Variance required for signage, parking and
use permitted in the zone.
Mark Paulus, PE -
A1 – site layout plan sheet 2 colorized dated 9/16/08
Mr. Paulus – This is the old
Casha & Casha law office. Located in
OB-2A office district. Requires 87,000
s.f. lot area, exists at 27,072 s.f. so undersized lot for the zone. Lot width existing
depth existing non-conformity. Existing
building is in violation of the front setback ordinances where the proposed
building will comply with the 50’ setback.
Demolition of all structures on site proposed. Propose to redevelop the property with a
single building, with bagel/retail store on first floor, bagel prep and storage
in basement and one 2 bedroom apartment on 2nd
floor. Propose 2 way ingress/egress access to property. Dumpster proposed to be enclosed. Design waivers requested, parking setback 10’
required where 5’ proposed and 4 ½’ parking setback to building where 10’
required. The existing site has ½ the
required lot width than required. Based
upon the lot configuration the design waivers would be required. No negative impact to adjoining properties as
it relates to the design waivers. 4,526
s.f. additional impervious coverage than exists. All water will be collected, piped toward the
back of the property and put into seepage pits to recharge back into the
soil. Have done test pits, have found
very permeable soil. Encountered ledge
rock at 6-7’ which will require additional seepage pits but won’t be seen from
above ground. Design waiver from 15”
pipe proposed 12” pipe.
Mr. Paulus – Applicant agrees
to streetscape light stanchion on site.
Awaiting comments from Morris County Planning Board since Rt. 202 is a county
road. The residential aspect of the
project meets the RSIS standards.
Steven Boshart, AIA - sworn
This is a small building due
to shape of the property. On the main
floor is general preparation area, cold cases, employee work stations and
customer areas. Entrances proposed on
front and back of building. On lower
level there will be storage areas and baking areas which are accessory to the
main level. On upper level there will be
a 2 bedroom apartment accessed by an enclosed stairway.
A2 – Colored version of PR3 previously submitted to
Mr. Boshart – Reviewed the
architectural plans for the Board.
Covered walkways on all sides of building. Typical frame construction for roof. Exterior stairs for apartment access and
basement access. Hardy plank siding for
upper level. Asphalt shingle roof,
possibly beige or tan. The window
surrounds would be green. The sign sizes
are 25 sf. on front of building with indirect lighting, possible green
background with gold letters.
Freestanding sign will have indirect lighting.
Mr. Denzler – Can you
describe the ingress/egress to the apartment on the 2nd floor
level? Mr. Boshart – The door facing
rear of the building that has a stairway that runs to the apartment, there is a
stair underneath there that accesses the basement. Mr. Denzler – How do they access the
apartment with no sidewalk. Mr. Paulus –
There is a sidewalk that comes up to the covered walkway. Mr. Denzler - That goes to the basement. Mr. Boshart – Will look into that
further. Mr. Denzler – You may need a side
yard setback variance for the over hang that is over 18”. Mr. Denzler – The dumpster is not permitted
where proposed. Mr. Huelsebusch – Why
was the dumpster located in the front of the building. Mr. Paulus – To reduce the movement of trucks
on property, easier to come in and out quickly in the front.
Open to public
John Van Houten, owns
adjacent building –sworn
The seepage pits are to be 6’
below the ground and my building floor is lower than that, how will that affect
my building? Mr. Paulus – The seepage pits
are common, due to it being 75’ away from your building it will have no effect
on your building. Any overflow would run
away from your building due to the topography of the land. Mr. Van Houten – Will there be a fence
proposed around the property? Concerned
with additional garbage coming onto my property from people visiting the site.
Mr. Paulas – No fencing; will put in planting along property which should
reduce it, but fence would not stop it either.
Mr. Buraszeski – Is the
residential aspect necessary? Mr.
Sullivan – The planner will testify to same.
Mr. Marinello – That will cover COAH requirements as well? Mr. Sullivan – There will be a development
fee required. Mr. DiPiazza – Do you see
a potential problem with enough parking spaces on site for this use since there
are only 12 spaces proposed? Mr.
Sullivan – The residential use will be used by an employee of the business;
there will not be more than 4 employees on site. Mr. Shirkey – Concerned with the amount
of parking proposed on
site. Mr. Shirkey – Concerned with the amount of
exhaust leaving the site due to the amount of ovens on 3 levels.
Carried with notice preserved
of December 3, 2008 - Eligible: Buraszeski, Kanoff, Driscoll, Hug, Cartine, Moore, DiPiazza, Shirkey,
Motion to adopt made by: Mr.
Driscoll, Second by: Mr. Hug. Roll call: Yes- Unanimous
Anderson & Denzler – Trust for: $1,338.75, $405
Pashman, Stein – O/E for: $200, $218.75; Trust for:
$437.50, $125, $250
William Denzler & Assoc. – Litigation for:
$65.67; O/E for: $62.50; Trust for: $218.75, $156.25,
$562.50, $718.75, $125, $93.75, $406.25, $250,
$312.50, $31.25, $125, $62.50
Bricker & Assoc. – Trust for: $1,250, $1,875,
$250, $1,375, $625, $625, $375. $312.50, $1,500,
$812.50, $406.25, $375, $93.75, $187.50, $375, $375, $250,
Omland Engineering – Trust for: $1,215, $540, $202.50
EcolSciences - $5,610
Motion to approve made by:
Dr. Kanoff, Second by: Mr. Hug, Roll call: Unanimous
Certified true copy of minutes adopted at Zoning Board
meeting of February 4, 2009.
Linda M. White,
Certified to 12/3/08 hearing