Planning Board 2-26-09 Minutes Print E-mail


7:30 PM Start

195 Changebridge Road, Montville Municipal Building


No New Business to be Conducted Past l0: 00PM


Mr. Maggio - present                          Mr. Karkowsky - present   

Mr. Sandham - present                        Ms. Nielson- present                            

Mr. Lipari – present                             Mr. Lewis – present

Mr. Hines - absent                              Mr. Canning – present

                Mr. Visco – present                             Mr. Speciale (alt#1) - present

                                                                                Mr. Tobias (alt#2) - present

Also Present:  Michael Carroll, Esq.






Russ Lipari voiced concerns on how our community intends to address the issue of new legislation introduced concerning the development of the aged restricted housing change to a regular market unit.  Ms. Nielson indicated that the Township Committee adopted a resolution opposing this at their level.  Mr. Carroll said he would stay on top of this and keep the board informed.  Concerns voiced.  Mr. Lewis mentioned that the league put their force against this.

Deb Nielson told the members about the Mayor’s Wellness Program which she named Toxic Waste I.  She invited members to participate noting the event starts March 8th.  There will be posters and information around town, official scale and measurement around waist.  Information is confidential.  It is a 90 day program. 


Courtesy Review – Board of Ed – 86 River Road– Rescheduled to March 12, 2009 agenda

Gary Lewis felt the Planning Board may want to recommend to the committee that Board of Education be cognizant of some of the issues the community would want addressed.  He felt the township engineer should make sure of drainage and issues like site work, and this issue when all data submitted was referred to subcommittee

Reports from Board Liaisons:

Board of Adjustment – Larry Hines was absent so Mrs. White summarized activities at BOA on new and/or pending applications.

Board of Health – Lawrence Tobias – nothing to report

Environmental Commission – Vic Canning - Project Porchlight was highlight of that meeting.

Water & Sewer – Arthur Maggio - March 10th meeting of the Township Committee, the new ordinance introduced on increase of sewer rates will be considered for adoption.  Mrs. White summarized the development of sewer/water mapping required as part of the Highlands grant. 

Historic Preservation Commission – John Visco - met this past Monday but Mr. Visco was unable to attend.


DRC – Deb Nielson   - no report

Site Plan/Subdivision Committee – Russ Lipari Chair – minutes distributed summarizing activities of last subcommittee. 

Economic Development Committee – Gary Lewis, Tony Speciale – Gary Lewis summarized that EDC met last week, noting as economy worsens, roll of EDC becomes more important.  The EDC is putting together a welcome letter to new businesses.  There have been informal contacts with some potential tenants to move into the community.  Ladis Karkowsky noted he was glad to see the EDC reaching out to the businesses.  Mr. Speciale noted that they also wanted reps to meet with existing businesses to see how EDC could be of help.  He also felt the EDC should look at updating the existing brochure, feeling they may be able to see how they can merge some of the functions with the chamber of commerce to work towards common interests. 

Open Space Committee – Ladis Karkowsky, Russ Lipari, Deb Nielson – Mrs. Nielson gave a brief update as to the 2.6 million grant that we received, noting we are presently going thru revisions to ROSI.

Master Plan/COAH 3rd Round – Ladis Karkowsky, Russ Lipari, Deborah Nielson, Gary Lewis & John Visco (alt) – Mr. Lewis noted the minutes on this subject have been distributed.  He noted that it has been decided that we will have a subcommittee meeting before every Planning Board meeting at 6PM. 

Highlands Legislation Review Committee – Mr. Lewis noted that March 6th is first deadline we have to get certain documents to Highlands.  Discussion ensued with concerns noting that this legislation may be this as demise of development in Montville and that they will use this approach to sign onto their plan.  Ladis Karkowsky feels similar indicating it is his feeling it this affects the entire region, and they want to stop development entirely.

Tony Speciale for Pine Brook Fire Prevention District summarized that they held their election and adopted their budget which passed noting the fire district is under gun with tight budgets especially in view of the  15M lost in ratables in this district, with the prior years losing even more ratable resulting in a cut budget with a salary freeze on employees and less revenue coming in, noting that the State is taking even bigger cuts for licenses and fees and because of vacancies and little residential since there are less registration fees, and due to less residential, less revenue from this area also. 

Russ Lipari for Towaco Fire Prevention noted their budget passed, but haven’t suffered the same type of situation that Pine Brook has.  They are watching the budget and expenses and are making sure that their equipment is current.

Update:  Wood Burning Furnaces – Mrs. White indicated that Mr. Burgis agreed with her position of making these types of accessory structures a variance since he also feels it wouldn’t be a permitted type of residential accessory use.  Mr. Tobias asked if that included inside units.  Mrs. White indicated it would only apply to freestanding wood furnace.

Update:  Soil Movement/Height/Lot Size/Fill – Mrs. White indicated this subject is being reviewed by Mr. Omland, and when additional information available, she will reschedule at the subcommittee level.  Mr. Carroll indicated in the Assembly, local government is talking about a proposal to consider all passive or nature energy sources as inherently beneficial uses, referring to solar panels, turbines, and that if necessary the township may need to look at this and control it like the dish antennae.  You can’t prohibit them, but you can develop reasonable zoning regulations. 

Request for Input on vacation of Rt. 202 Right of Way @ Schneider Road – Joseph Burgis – Rescheduled to March 12th agenda.

Rescheduling of Planning Board meeting: April 6th - to April 16th – Members agreed unanimously.  Proper notice would be perfected.  Mr. Speciale indicated he is not available for that meeting.   

Input from Board Engineer on Pervious Concrete Pavement re:  for relief from calculations of impervious – Since Mr. Omland wasn’t available, this subject rescheduled to March 12th agenda.


PMS09-02-CREW CARWASH/ALLBRITE CAR WASH – 11 Old Bloomfield Avenue, B: 162, L: 3 – renovation of existing site/new signs

Mrs. White summarized.  Mrs. White indicated the existing owners, present this evening, have chosen not to proceed with the site plan originally approved by the Board of Adjustment, choosing instead to do minor upgrades to the existing building which includes: 

·         Repair existing flat roof which is leaking in several areas

·         Put on new siding on building in earth tones

·         Repaving existing parking lot and restriping

·         Removal of the blue plastic weather protectors

·         Installation of additional landscaping

·         Replace existing signs with conforming signs that meet setback, size/height

It was decided that this minor upgrading is better than no improvements and had no objection to granting this minor site plan since they are not increasing existing non-conformity, and are upgrading site.  The only stipulation is the compliance with installation of all improvements prior to the installation of any new signs.  Motion made by:  Art Maggio,  Seconded:  Tony Speciale Roll call:  Unanimous

PMISC09-03 Manhattan Physicians Laboratories – 25 Riverside Dr. – B: 182, L: 7 – 10,750 s.f. office/5,900 s.f warehouse – clinical laboratory – hours of operation 6am-2am – 40 employees (20 per shift/2 shifts per day) – signage to be in compliance with approved theme – previous tenant Medco Health (21-25 Riverside Dr) Approved subject to sign theme, compliance with all agency reports and use letter as stipulated.  Motion made by:  Russ Lipari, Seconded by:  Art Maggio  Roll call:  Unanimous


PSPP/FC98-19-07-19 RBR Investments B: 160.02, L: 18 - 321 Changebridge Road – amended preliminary/final site plan – Approved 1/22/09 - Eligible: Mr. Karkowsky, Mr. Maggio, Mr. Hines, Mr. Speciale, Mr. Canning, Ladis Karkowsky, Ms. Nielson, Mr. Lipari; Motion made by: Russ Lipari, Seconded: Art Maggio  Roll call: Unanimous -  Ladis Karkowsky, Art Maggio, Tony Speciale, Vic Canning, Deb Nielson & Russ Lipari   Mr. Lipari asked Mrs. White to remind owner he was going to remove the inner city no parking type signs.   

PSPP/F08-11- LaSala2Jacksonville Road, Block 40, lots 30.03 and 30.04– Development of retail building with apartments above – Approved 1/22/09 – Eligible:  Mr. Karkowsky, Mr. Canning,  Mr. Lewis, Mr. Maggio,  Mr. Lipari, Mr. Sandham, Mr. Hines, Mr. Speciale.  Motion made by:   Gary Lewis, seconded by Jim Sandham.  Roll call:  unanimous – Ladis Karkowsky, Victor Canning, Gary Lewis, Art Maggio, Russ Lipari, Jim Sandham, Tony Speciale

PMS08-18– JIFFY LUBE56 Rt. 46 – B: 176, L: 17 – minor site plan with variances for signage – Approved 2/12/09 - Russ Lipari, Deb Nielson, John Visco, Art Maggio, Jim Sandham, Larry Hines, Tony Speciale & Ladis Karkowsky , Lawrence Tobias   Motion made by:  Russ Lipari, seconded by Deb Nielson, Roll call:  Unanimous – Russ Lipari, Deb Nielson, John Visco, Art Maggio, Jim Sandham, Tony Speciale and Ladis Karkowsky


PMSP/FC07-11 Suppa, Frank Jr. – 137 Taylortown Rd./63 Boonton Ave. – B: 33, L: 1, 2 & 4 – request for extension of major subdivision to 9/4/09 – Motion made to grant extension of approval to September 4, 2009 made by:  Russ Lipari  Seconded by:  Tony Speciale  Roll call:  unanimous

PMS 08-14- Heller Group – 191 Changebridge Road – Block: 135, Lot 3 – request for waiver of posting of guarantees

Mrs. White indicated that the applicant requested a waiver from posting of a performance guarantee, but would post inspection fees.  She indicated that she had no objection to this.  Discussion ensued, and the Planning Board felt that rather than create a precedent, that this waiver not be granted. 


Minutes of 2/12/09 – Roll call:  Russ Lipari, Deb Nielson, John Visco, Art Maggio, Gary Lewis, Jim Sandham, Larry Hines, Tony Speciale &                Lawrence Tobias, and Ladis Karkowsky   

Subcommittee minutes of 2/12/09 – Russ Lipari, Deb Nielson, John Visco, Ladis Karkowsky,

Master Plan minutes of 2/12/09 – Gary Lewis, Russ Lipari, Deb Nielson, John Visco, Ladis Karkowksy,

Motion made to adopt by:  Jim Sandham, seconded by Russ Lipari - Roll call:  Unanimous


Omland Engineering Trust for: $1,147.50 (Heller)

Burgis Assoc. Trust for: $480, $570, $450, $450

Michael Carroll, Esq. Litigation for: $193.75; $721.26, Trust for: $1,181.25 (Heller)

Johnson, Murphy- Trust for: $90

Motion to approve payment made by: : John Visco; seconded by Tony Speciale

Roll call:  Unanimous




PSPP/FC07-02 – San Dol Korean Presbyterian Church Site    plan,       356 Changebridge Road, Block 160, Lot 3        - Notice Acceptable & carried from 8-13-08 – Eligible: Victor Canning, Larry Hines, Marie Kull, Art Daughtry, Deb Nielson, Ladis Karkowsky, Gary Lewis, Russ Lipari New Notice Acceptable & carried from 1/8/09 schedule                                   ACT BY: 2/26/09

Mrs. White indicated the applicant requested dismissal of this application without prejudice with refund of any remaining escrow fees.

Motion made to dismiss without prejudice by:  Gary Lewis, Seconded by:  John Visco

Roll call:  Unanimous

PSPP/FC05-02-08-07 MONTVILLE RESIDENCY – Preliminary &          Final       Site plan – Block: 160 Lot: 4 - 17 Hook Mountain Road                 carried from 8/14/08 & 10/23/08 & 1/22/09 schedule - Eligible: Ladis Karkowsky,Marie Kull, Deb Nielson, Larry Hines, Gary Lewis, Victor Canning, Art Maggio, Russ Lipari, John Visco, Mr. Speciale                                                                                           ACT BY: 3/12/09

This application rescheduled in a motion made by:  Russ Lipari, seconded by Art Maggio to March 12, 2009 with new notice requested.  Roll Call:  unanimous



PMS02-09 WHITE CASTLE – 23 Route 46, Block: 183, L: 14 & 15            – minor site plan for conversion from a Wendy’s site                                                                                   ACT BY: 3/13/09

Mrs. White summarized this matter was reviewed by the Planning Board subcommittee at their 11/12/08 meeting at which time White Castle indicated that they were interested in relocating to this facility and presented some sketches which involved resurfacing of parking lot, incorporation of streetscape lighting them along Rt. 46, reduction of signs, including removal of pylon to a monument type sign, as well as upgrades to the exterior of the façade which would be the white w/blue terrace lettering typing of White Castle theme, as well as the typical turrets they will install on façade, but agreed to lower them to meet Montville’s concern for aesthetics in area.  They would add awnings to building also.  It would be a 24 hour operation.  They would use gooseneck lighting on building and would also enclose the dumpster area within fencing.

Present:  Harry M. Jensen, Jr. Regional Director of Restaurant Operations & Louis D'Arminio Esq.

Mr. D’Arminio presented a brief summary of these improvements.  He indicated he would be making the building look like the White Castle, would be reducing signs and square footage of sign; would be reducing seating from 103 seating to 84 seating; would provide on site resurfacing and upgrading landscaping, and will also upgrade surrounding lighting to township standards.  . 

Harry Jensen, Regional Director of Operations of White Castle indicated that they will purchase the site and operate the site themselves.  This is not a franchise.  The building contains 3,000 sq. ft.  of area located on Rt. 46 and Chapin Road.  Marked into evidence:

A1 – existing topographic site plan - Photos displayed. 

A2 is photos A-D

A3 is photos A-D on back lot

A4 – colored rendering presented this evening of site – Mr. Jensen summarized other site changes noting there are two menu boards existing.  White Castle will be going to one and as agreed would replace freestanding sign with monument size, landscaping will remain as shown but they have agreed to add more along Rt. 46 as well as the addition of three new trees to the site.  They will resurface the parking lot as indicated.  They would prefer to use a different type of dumpster enclosure than the typical board on board which upgrade was reflected in photos noted above.  They also have agreed to replace the building lights with gooseneck lighting. 

A5 – elevation drawings marked in.  Mr. Jensen indicated there will be no expansion to existing site.

A6 – photos of existing locations reviewed.  Mr. Jensen indicated the sign on the tower will be the same as those shown in other locations, but it will be smaller in dimension.  They will also add the awnings.

He discussed the dumpster area noting that it would be a fiberglass door which stands up better, and he will install vinyl type fencing around dumpster area (same as the one in Little Ferry).  Board had no objection but asked Mr. Jensen to run this by with the Planner.  Mr. Jensen indicated this type of enclosure will last and look better.

The Drive-thru menu board with canopy reflected, again noting there will be only one menu board on site.

Their delivery service is by a private contractor, and only a straight truck is used:  there will be no semi’s used on this site.

This is a 24 hour operation.  Discussion ensued on the hours of operation asking if the applicant would agree to close interior during week at midnight (Sunday thru Thursday), with Friday, Saturday closing at 2AM interior.  Interior opens at 5AM, and closes at 2AM; opens interior at 5AM

The monument sign is much lower compared to the existing Wendy sign.  Landscaping at base will be provided.

Mr. Tobias asked if employees will keep this site clean.  Mr. Jensen indicated that their policy is that employees clean up the site, walking a block each way (early morning in daylight and at twilight).

Mrs. Nielson asked that the type of trees they intend to install be reviewed to make sure they flourish and are not destroyed by salt, soil conditions.  Applicant concurred.

The applicant was asked to look at installing something around fencing to stop cars from going into fence.  Applicant agreed.

Mr. Canning asked about police incidents:  Mr. Jensen indicated this site will have a 16 camera surveillance camera that records all visible activity.  Concerns voiced by Mr. Canning, who asked if applicant would be willing to have a security guard here now.  Mr. Jensen indicated not at this time, but if they see the need for security, they will respond to it as their own responsibility to insure the safety of the area and its residents.

Discussion ensued on how to manage this and monitor it.  It was decided that should there be a 10% increase in police activity on there site, the applicant would reappear before this board to address same.

Jim Sandham asked about renovation of interior, questioning if there is any other activity in the open area previously used for seating.  Mr. Jensen indicated it will be the same area, but they will make seating more comfortable with more space between. 

As to employees:  there are an average number of employees of 3 in morning, 6-8 at lunch with 5-7 at evening.

As to employee parking in this site, Mr. Jensen indicated his employees are required to park towards rear of site.  He also noted that managers are on premise the entire 24 hours.  Mr. Tobias asked if camera system enough to provide ID and license plate for cars.  Mr. Jensen indicated it was.

Mr. Lipari asked if the applicant has addressed concerns of the subcommittee as to the height of top of roof – the castle look.  Mr. Jensen indicated they have, and that the overall height will be 19’2 to the top of roof which is lower than Wendy’s and it will also cover air conditioning units.  He also indicated the drive thru window slides sliding during the day, but has a night drawer. 

Mr. Sandham asked for assurances that there is adequate turn lane.  Mr. Jensen indicated there is.

Mr. Canning asked about cash deposits, which Mr. Jensen indicated it not accessed by employees, also noting that the buildings is made secure at night. 

Motion made to grant minor site plan with all existing variances, subject to installation of all improvements and testimony as indicated.  Motion made by:  Gary Lewis  Seconded by: John Visco  

Roll call:  Ladis Karkowksy, Victor Canning, Deb Nielson, John Visco, Gary Lewis, Art Maggio, Russ Lipari, Jim Sandham, Tony Speciale, Lawrence Tobias 



Meeting adjourned unanimously in a Motion made by:  Art Maggio, seconded by:  John Visco

Respectfully submitted,

Linda M. White

Absent with explanation

Last Updated ( Friday, 13 March 2009 )
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