Board of Adjustment Minutes 1-7-09 Print E-mail




Montville Municipal Building, 195 Changebridge Road

8:00PM Regular Meeting


Stated for the record.


Richard Moore – Present                                    Thomas Buraszeski – Present

Donald Kanoff – Present                                   James Marinello – Present

Deane Driscoll – Present                                    Carl DiPiazza (Alt #1) – Present

Maury Cartine– Present                                     Kenneth Shirkey (Alt #2) – Present

Gerard Hug – Present

Also Present:        William Denzler, Planner

                                Hank Huelsebusch, Engineer

                                Bruce Ackerman, Esq.


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 call: Unanimous.

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 call: Unanimous

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: Unanimous

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: Unanimous

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

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Designation of Meeting Nights for Board of Adjustment as follows:

            1st Wednesday of every month @

January 7, 2009                                     July 1, 2009

February 4, 2009                                   August 5, 2009

March 4, 2009                                       September 2, 2009

April 1, 2009                                          October 7, 2009

May 6, 2009                                           November 4, 2009

June 3, 2009                                           December 2, 2009

January 6, 2010


Motion to adopt made by: Mr. Hug; Second by: Dr. Kanoff, Roll call: Unanimous

Designation of Official Newspaper for Legal Purposes

a)The Daily Record & The Citizen of Morris County

b)  The Star Ledger

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 Report

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 Unanimous

Swearing in of Professionals


The Lowes applicant agreed to allow the Reier application to proceed first

ZC29-08 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. 

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Scott Levy, AIA – sworn – reviewed credentials

                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 – closed

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


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ZSPP/FDC07-08 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 12/3/08 hearing.

Mr. Kelly – Mr. Boswell will testify to the specifics of the site plan and will review the questions from the last meeting.

Mr. Boswell – previously sworn

With 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. 

Mr. 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.    

Mr. 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. 

Mr. 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. 

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Mr. 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. 

Mr. 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.    

Mr. 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 environmental issues. 

Mr. 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.

Open to public – none – closed

Carried 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 BY: 3/24/09

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 - sworn

                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 non-conformities.  Lot 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

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 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 the board. 

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

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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 to 3/4/09


Minutes of December 3, 2008 - Eligible: Buraszeski, Kanoff, Driscoll, Hug, Cartine, Moore, DiPiazza, Shirkey, Marinello

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, $125

                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







Respectfully submitted,

Jane Grogaard

Recording Secretary

Certified true copy of minutes adopted at Zoning Board meeting of February 4, 2009.


Linda M. White, Sec.

Certified to 12/3/08 hearing


Last Updated ( Friday, 06 February 2009 )
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