Board of Adjustment 4-1-09 Print E-mail



APRIL 1, 2009

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

The following application was carried with notice to 6/3/09:

ZC30-08 Sabbatino – 85 Jacksonville Rd. – B: 32, L: 1- variance for accessory structure addition in front yard – Notice Acceptable                                                                                ACT BY: 6/4/09

The applicant for Lowes allowed the applications under New Business to proceed first.


ZC10-08 Paradise – 71 Horseneck Rd. – B: 140, L: 1 – front setback variance 13.75’ VS 50’

for addition to single family home on corner lot –  Notice Acceptable       ACT BY: 5/19/09

Present on behalf of the applicant: Fred Paradise, applicant

Mr. Paradise –sworn

Using sheet SP1 of the previously submitted site plan Mr. Paradise reviewed the property for the Board.  We have a small kitchen and want to make it bigger.  We have tried to minimize it as much as possible.

Mr. Denzler – The variance is for front setback variance 13.75’ vs 50’ on a corner lot.  The actual setback is 20’ due to Woodland Road which is currently a private road.  Did you look at putting it behind the house?  Mr. Paradise – Where we located it is where the kitchen is, if we moved it to the back that is where the living room is.  We are at 26.5’ now and are asking for 6 ½’.  Mr. Denzler – The applicant did provide for a 150 s.f. turnaround.  There are no variances for building or impervious coverage.  Mr. Huelsebusch – Revised plans would have to be supplied for size of drywell if approved.  There is an additional 8.25’ that must be dedicated as per the Township Engineer’s memo.

Open to public – none – closed

Mr. Buraszeski – What is the status of Woodland Road?  Mr. Denzler – It is a private right of way.  Mr. Huelsebusch – There is a subdivision up the road that I don’t know the status of but it would not effect the dedication for this application. 

Page 2


Mr. Paradise – Does the dedication go toward the impervious coverage in the future?  Mr. Denzler – Yes it will affect future calculations, but he would be in compliance now.  Mr. Paradise – Is there any plans to do anything with that easement?  Mr. Huelsebusch – Right now the curbing is on your property, there are no plans at this time for improvement that I am aware of. 

Motion to approve the application it is a corner lot will blend in with the neighborhood, no negative impact made by: Mr. Driscoll; Second by: Mr. Hug; Roll call: Yes -Buraszeski, Kanoff, Driscoll, Hug, Cartine, Moore, Marinello


ZDC28-08 Holiday at Montville – 29 Vreeland Ave.– B: 52.03, L: 19 – variances 31 adult single family housing units – Notice Acceptable                                                            ACT BY: 7/14/09


Present on behalf of the applicant: Steven Schepis, Esq.; Robert Gannon, applicant; Mark Walker, PE

Mr. Schepis – Mr. Gannon will give an overview of the project at this meeting.  We submit this matter as a Use variance as a use not permitted in the R-27A zone.  Propose adult community housing.

Robert Gannon, applicant – sworn

We own lot 19 and are contract purchasers of 21 & 22.  We would like to build single story individual units for age-restricted housing.

                A1 – rendering of several homes made by James Cutillo, AIA

We propose 2 bedrooms, 2 bath, and 2 car garage units with or without basements.  Propose approximately 2,000 s.f. units.  If we had a zone for this type of use in the community we would have built it in an acceptable zone.  There are no environmental restrictions on the property.  It is about 7 acres.  Propose 31 individual units.  Propose an association to take care of lawns and detention but no other amenities so lower maintenance fees.  The need is in this community.  This project is for active seniors.  The project is situated close to the Boonton border.

                A2 & A3 – renderings of individual homes.

Mark Walker, PE – sworn

                A4 – colorized version of site plan sheet 101called exhibit dated 4/1/09

Mr. Walker – A1 shows the surrounding area.  The property fronts on Vreeland Ave.  Longview Estates is to the north and east and is in the AH-2 zone.  The remaining surrounding properties are in the R-27A zone.   Longview Estates have multiple dwelling units.  Adjacent to this project are the affordable housing units that are 2 story flats.  To the west are individual single family homes.  To the south of the property is one residential home, vacant land and the Rockaway River.  The site is 6.29 acres.  There are 3 lots and there are single family homes. 

Mr. Walker - Toward the front it is very flat and to the rear it slopes upward.  All proposed dwellings will front on the proposed access road which is in a circle. They are not individual lots it is all one lot.  The stormwater management is toward the front of the property. The soil has great permeability rates.  We will be able to provide gravity sewer that will tie into the existing main from the Town.  Municipal water and public gas will also be available.  Propose 31 individual units.  Propose setbacks for the site with front setback of 20’where 50’ required; 20’ rear yard where 50’ required; dwellings will be 10’ apart; they are 1 ½ story dwellings.

Page 3


Mr. Walker – The project complies with the RSIS standards.  25’ paved road with sidewalks on both sides.  Meet stormwater requirements also.  The roadway will be maintained by the homeowners association along with stormwater management and common areas.  The access easement on the southerly side of the property by deed will go away if access is granted from Vreeland Ave.  The access easement on the westerly side will remain. 

Open to public for questions to be answered at the next hearing – none

Mr. Denzler – Will there be an expert to discuss need?  Mr. Schepis – Yes.  Mr. Denzler - Will there be a formal subdivision?  Mr. Schepis – No.  Mr. Denzler – Will there be an expert on the affordable housing requirements?  Mr. Schepis – Yes.  Mr. Denzler – How did you come up with 31 units?  Mr. Schepis – Will answer at next meeting.  Mr. Huelsebusch – The fire department requested revisions to the plan please have at the next hearing.  Propose basements?  Mr. Gannon – Will propose basements for all but will sell on spec as to if they want basements or not.  Mr. Hug- Will there be provisions for decks or porches?  Mr. Gannon – There is a small patio shown on plan.  Mr. Marinello – Evidence on beneficiary of easement.  Mr. Ackerman – Would like full title report.   Mr. Marinello – Can you justify why this would not be a rezoning?  Mr. DiPiazza – Will there be visitor parking?  Mr. Walker – 2 car garage and driveway, can park in one side of the street no visitor parking.  Mr. Shirkey – Can there be expansion of a 2nd story?  Mr. Gannon – Can be deed restricted to 1 ½ story. 

Mr. Hug asked counsel whether the town would be liable to reimburse the Association running the property.  Mr. Ackerman stated that based on the description provided, the Kelly bill would apply as with the other Associations in the coalition which negotiates the rates of reimbursement with the town.

Carried with notice to: June 3, 2009



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, 1/7/09 & 3/4/09 – Eligible: Buraszeski, Kanoff, Driscoll, Hug, Cartine, Moore, DiPiazza, Shirkey, Marinello                                                                                               ACT BY: 3/5/09

Present on behalf of the applicant: James Kelly, Esq., Kevin Boswell, PE, Berge Tombalakian, Traffic Engineer; Harold Nafash, Director of Real Estate Lowes; Howard Weinberg real estate expert

James Kelly Esq. – Would like to present Lowe’s representative to answer one question; the traffic engineer to finish testimony and the planner. 

Harold Nafash, Director of Real Estate Lowes – sworn

We have 1 store out of 38 that has closed due to an engineering problem.  We are currently trying to replace that store within the same town.  If Lowes had to leave the store, it could be divided.  Our stores could easily go to another business based on the way it is constructed.  Lowes is the 9th largest company in the U.S.  Lowes employs over 200,000 people.  Opened 165 stores 3 years ago; 125 stores 2 years ago; and 65 stores last year.  We look at this community as a well run community.  93% of women make the home improvement decisions so our stores cater to women.  Home Depot caters to men.  We do better business when we are closer to our competitors. 

Page 4


Berge Tombalakian, Traffic Engineer – previously sworn

The Route 46 Bridge will be replaced as per stimulus money.  The superstructure from the beams up will be replaced by DOT as it currently is today.  The site driveway has been designed for the WB40 tractor trailer which is the type of tractor trailer that the Lowe’s company uses.  We met with the Board Traffic Engineer and came up with a trip distribution pattern using 40% from Rt. 46W driveway; 30% at Van Winkle and 30% from Bloomfield Ave.  There will be a  stop sign on east side of Bloomfield Ave. and all traffic would head out to Chapin Road and then would head on Rt. 46W.  The traffic will not be routed toward Bloomfield Ave past the Chapin Road area.  We recommend that Chapin Rd between Bloomfield Ave. and Route 46 remain one way southbound; Bloomfield Ave. east into site as part of intersection modification have a stop sign control; no traffic westbound exiting site can go Bloomfield Ave to Hook Mountain and the intersection of Maple Ave and Bloomfield Ave be cul-de-sac.  Can be done on property that the applicant controls, there will not be a third party involved.  The trip generation would be less than an as of right application.

Mr. Denzler – Was there consideration of the cul-de-sac on Maple and how the businesses and residents use now and how they are to get to Hook Mtn. Road.  Mr. Tombalakian – They can take Van Winkle to Rt. 46, to Hook Mountain and double back.  Mr. Huelsebusch – Auxiliary lane?  Mr. Tombalakian – Propose that the existing small auxiliary lane to be uniform in width. The curb radius on the other side of Chapin Road will be made more restrictive to make it more difficult for someone to navigate.  Mr. Huelsebusch – Met on site today and would like to propose a prohibition that any trucks over 40 tons only be allowed to access the site from Van Winkle.  Mr. Tombalakian – We have no objection.  Mr. Huelsebusch – What about trucks being only able to leave site from site onto Route 46 not Chapin.  Mr. Tombalakian – Agree. 

Howard Weinberg, real estate expert - sworn

Reviewed permitted uses for the site.  Hotels are permitted in this zone.  The vacancy factors in hotels along Route 46 are 32%.  Need an office park in close proximity to the hotel to make it more successful.  Several hotels in the area have shut down full wings and restaurants within the hotels.  This site does not support a hotel.  The existing hotels along that corridor are struggling.  There is no demand for office space in Northern New Jersey.  Retail space has increased dramatically.  The demand is for big box retailers.   Age restricted housing is permitted in the zone but in my research it shows that the market is overbuilt for the foreseeable future in Morris County.  Reviewed currently approved applications in surrounding towns that have never been built for the Board. 

Mr. Shirkey – Is it your testimony that the hotel for this site is not financially feasible?  Mr. Weinberg – Correct, in this market for this site.  Mr. Moore – Any word on approvals from DOT?  Mr. Tombalakian – I am not aware.  Mr. Boswell – We have received a report from DOT that requires some revisions and we will be submitting back to them shortly.  Dr. Kanoff – From the real estate expert testimony it seems that the retail aspect of the application would be a waste of time.  Mr. Weinberg – Smaller retail stores are not doing as well, consider this an outbuilding to an existing building.  Mr. Cartine – But this can be cut down to smaller retail space which you said was not doing well.  Mr. Weinberg – There could be a demand for that space, just not at this moment.  Mr. Cartine – How can I conclude that a Lowe’s big box would be there forever when Two Guys, Rickels, etc are no longer in existence?  Mr. Weinberg -   Home improvement is in demand. 

Open to public

Barbara Burke – 22 Maple Ave – sworn

Concerned with cut through on Maple Ave.  Would like to see Maple Ave closed off at the other end by Route 80.  Traffic already speeds up our street. 

Page 5


Jim Bucco – 7 Margaret Dr. – sworn

We have traffic coming through our street going to and from Route 80.  There is already an increase in traffic since Home Depot was built.  People speed up and down my street.  If they can make Margaret Drive one way it would be better.

Keith Olson – 3 Adamary Place – sworn

How many more cars will be coming trough our neighborhood?  Concerned that this will become a very busy intersection in the middle of a residential zone.  Mr. Tombalakian – Proposing a use that would generate less traffic than what the town’s code permits. 

Susan Jenick – sworn

Lowes would be an asset to the community.  It would promote jobs in the community.

Sylvia Wallach, 16 Maple Ave. – sworn

Concerned with the traffic in the neighborhood. 

Michael McNulty – 8 Margaret Dr – sworn

Concerned with increased traffic.  Want some better way to make it clear to the community about the increased traffic. 

Steve Liung - 5 Adamary - sworn

Would like to know level of service on Bloomfield Ave. now and what it would be with the project built.  Mr. Tombalakian – Bloomfield/Chapin/Maple currently runs at level of service A.  With project build out will run at level of service B or C.  Mr. Liung – Would like information on the increased traffic counts after built near John St; Maple Ave and Adamary. 

Carol Murphy – 30 Lenape Dr. – sworn

I am for Lowes.  We have resolved many traffic problems in town.  It will bring Ratables to the Township. 

Art Weber, John St. – sworn

The bridge work will start in June. Mr. Konner is selling.  Something large can go on that site. The access was supposed to be directly from Route 46 not Chapin or Van Winkle.  They should have their driveway across from Home Depot entrance where they can go either way on Route 46.  Prefers age restricted housing, no burden on roads or schools with housing. 

Kendall Perez – Hillcrest Ave – sworn

In favor of Lowes.  Junkyard is an eyesore.  It may be an opportunity to make a better life for the neighborhood. 

George Aprove – Douglas Dr. – sworn

Something is going to be built there and traffic will increase.  In favor of Lowes.  The junkyard will be cleaned up. Over 20 acres of open space will be created.  No kids will be added to the school system.  Will bring ratable to the Township. 

Paula Seidman – Wedgewood Dr. – sworn

Many layoff right now.  Will bring jobs to the town.

Truscha Quatrone – sworn

In favor of Lowes.  Improvement to the community. 

Page 6


Dan Grant – Two Bridges Rd. – sworn

This is the opportunity to clean up the site.  You will need an operation the size of Lowes to take on this type of cleanup.  Otherwise the site will remain crushing cars forever.

Tony Ferraro – sworn

This would be a great ratable for the town.  Maybe change the streets to one way so they can’t cut through.  The trucks coming and going from GI have been there for years. 

Carl Debacco – Bloomfield Ave – sworn

I have lived for 50 years total in Pine Brook.  The junkyard has been an eyesore forever.  The town has tried to get rid of it.  This is the best use I have seen so far.  It will give a good look to Montville from Fairfield.  Lowes has a viable future.

Gerard Simeone – sworn

Own the office building on Bloomfield Ave.  just outside junkyard.  Tired of looking out the windows and seeing the junkyard.    If this is not approved the junkyard is going to stay.  The trucks from the junkyard come in and out of the junkyard every 15 minutes.  In favor of the Lowes application.  Residential would not be viable since the site is in the floodplain.  I have not seen any problem getting in and out of any Home Depot or Lowes in the area. 

Dan Pagano – sworn

Praised the Board on how they handle their meetings.  In support of the Lowes project. 

Mr. Boswell – We offered to cul-de-sac Maple Ave but we do not own the property.  If the Township wishes the cul-de-sac to be built we will bond the project so it can be built. 

Carried with notice to 6/3/09 with an extension of time to act to 6/4/09.


Minutes of March 4, 2009 - Eligible: Cartine, Kanoff, Buraszeski, Driscoll, Moore, DiPiazza, Shirkey, Marinello

Motion to adopt made by: Mr. Driscoll, Second by: Mr. Buraszeski. Roll call: Yes- Kanoff, Hug, Cartine, Moore, Driscoll, Buraszeski, DiPiazza, Shirkey, Marinello



William Denzler & Assoc.  Trust for: $343.75, $187.50, $62.50, $343.75, $437.50, $375, $250,

$218.75, $218.75

Bricker & Assoc. – Litigation for: $375; Trust for: $250, $625

Omland Engineering – Trust for: $540, $1822.50

Anderson & Denzler – trust for: $562.50

Pashman Stein – Trust for: $125

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

Page 7



ZC31-08 Tang, Shalin – 18 Alpine Rd. – B: 111, L: 6 – addition to single family home side yard setback of 13.67’ where 15’ required – Approval Resolution - Eligible: Cartine, Kanoff, Buraszeski, Driscoll, Moore, DiPiazza, Marinello

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

ZC12-06-27-08 DeRocco – 20 Horseneck Rd.– B: 125.06, L:9 – variances for minimum lot area/side setback/front setback/combine sides/building coverage for front porch and garage addition –Approval resolution – Eligible: Cartine  Kanoff Buraszeski, Driscoll Moore, DiPiazza, Marinello

Change to resolution with the reduction of the shed by 86 s.f. because the shed should not have been counted toward building coverage since it is under 100 s.f. 

Motion to adopt as amended made by: Cartine; Second by: Buraszeski; Roll call: Yes – Cartine, Kanoff Buraszeski, Driscoll Moore, DiPiazza, Abstain - Marinello

ZC11-07 Benerofe, Barry – 10 Glen Terr. – B: 9, L: 4.1 – side setback 24.9’ (existing and

proposed) vs 40’/maximum impervious coverage 10,189 s.f. (10,540 existing) vs 8,672 s.f. allowed for addition to single family home – Approval Resolution – Eligible: Cartine, Kanoff, Buraszeski, Driscoll, Moore, DiPiazza, Marinello

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

ZSPP/FDC/ZMN35-06 Anton Co – B: 181, L: 1 – request for extension of approvals to October 3, 2010 - Granted

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

ZSPP/F27-05-31-06 DAB Associates – 43 Bellows Ln. – B: 41, L: 15 – request for extension of approvals of Use Variance/ Site Plan/C variances to March 6, 2010 - Granted

Mr. Cartine  - On page 2 remove “and for good cause shown”.

Motion to adopt as amended made by: Cartine; Second by: Kanoff

Roll call: Yes – Cartine, Kanoff, Buraszeski, Driscoll, Moore, DiPiazza, Marinello - abstain

ZC26-08 Krase – 9 Cedar Rd. – B: 113, L: 52 – building coverage 3,051 s.f. where 2,696 s.f. is

allowed/rear setback 19’ where 50’ required for addition to single family home –

Revised Resolution of Approval – Eligible: Hug, Cartine, Kanoff, Buraszeski, Driscoll, Moore,


Amended resolution removing the reduction of patio; it was not on the tape; so the building coverage variance was required.

Page 8


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


ZC30-06 Ambrose - B: 106, L: 20 – 30 Barney Rd – request for extension of approvals to 3/5/10

Motion to grant: Hug; Second by: Driscoll; Roll call: Yes – Hug, Cartine, Kanoff, Buraszeski, Driscoll, Moore, Marinello

ZC2-07 Bott, Marilyn – 122 Jacksonville Rd. – B: 28, L: 13 – request for extension of approvals to 6/6/10

Motion to grant: Hug; Second by: Kanoff; Roll call: Yes – Hug, Cartine, Kanoff, Buraszeski, Driscoll, Moore, Marinello

Motion to go into Closed Session to discuss pending legal matters made by Mr. Hug; Seconded by: Dr. Kanoff; Roll call: Unanimous



Upon return from closed session and there being no further business the Board unanimously adjourned.

Respectfully submitted,

Jane Grogaard

Recording Secretary

Certified true copy of minutes adopted at Zoning Board meeting of May 6, 2009.


Linda M. White, Sec.

Certified to 12/3/08 hearing

Last Updated ( Thursday, 07 May 2009 )
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