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MONTVILLE TOWNSHIP PLANNING BOARD
7:30 PM Start
195 Changebridge Road, Montville Municipal Building
MINUTES OF FEBRUARY 26, 2009
No New Business to be Conducted Past l0: 00PM
ROLL CALL
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.
PLEDGE OF ALLEGIANCE
Stated
STATEMENT OF COMPLIANCE
Stated
PUBLIC DISCUSSION
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.
PLANNING BUSINESS
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.
WAIVERS
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
RESOLUTIONS
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- LaSala – 2Jacksonville 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 LUBE – 56 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
CORRESPONDENCE
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
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
INVOICES
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
LOI/DEP NOTIFICATIONS
None
OLD BUSINESS
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
NEW BUSINESS
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
CONCEPTS
None
Meeting adjourned unanimously
in a Motion made by: Art Maggio,
seconded by: John Visco
Respectfully submitted,
Linda M. White
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