ZONING BOARD OF
APRIL 1, 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
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
The applicant for Lowes
allowed the applications under New Business to proceed first.
– 71 Horseneck Rd. – B: 140, L: 1 – front
setback variance 13.75’ VS 50’
addition to single family home on corner lot –
Notice Acceptable ACT BY:
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 –
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.
– 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.
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
Holiday at Montville
– 29 Vreeland Ave.– B: 52.03, L: 19 – variances
31 adult single family housing units –
Notice Acceptable ACT
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 –
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
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
A2 & A3 – renderings of individual homes.
Mark Walker, PE –
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.
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
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
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 –
Kanoff, Driscoll, Hug, Cartine, Moore, DiPiazza, Shirkey,
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
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
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
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
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.
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.
Burke – 22 Maple Ave
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
Bucco – 7 Margaret Dr.
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.
Olson – 3 Adamary Place
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.
Jenick – sworn
would be an asset to the community. It
would promote jobs in the community.
Wallach, 16 Maple Ave.
with the traffic in the neighborhood.
McNulty – 8 Margaret Dr
with increased traffic. Want some better
way to make it clear to the community about the increased traffic.
Liung - 5 Adamary - sworn
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.
Murphy – 30 Lenape Dr.
am for Lowes. We have resolved many
traffic problems in town. It will bring
Ratables to the Township.
Weber, John St. –
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.
Perez – Hillcrest Ave
favor of Lowes. Junkyard is an
eyesore. It may be an opportunity to
make a better life for the neighborhood.
Aprove – Douglas Dr.
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.
Seidman – Wedgewood Dr.
layoff right now. Will bring jobs to the
Quatrone – sworn
favor of Lowes. Improvement to the
Grant – Two Bridges Rd.
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.
Ferraro – sworn
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.
Debacco – Bloomfield Ave
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.
Simeone – sworn
the office building on Bloomfield
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.
Pagano – sworn
the Board on how they handle their meetings.
In support of the Lowes project.
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.
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,
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:
Motion to approve made by:
Dr. Kanoff, Second by: Mr. Driscoll, Roll call: Unanimous
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,
Motion to adopt made by: Buraszeski; Second by: Cartine;
Roll call: Yes – Cartine, Kanoff, Buraszeski, Driscoll, Moore, DiPiazza,
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,
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’
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,
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
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
Mr. Cartine - On
page 2 remove “and for good cause shown”.
Motion to adopt as amended made by: Cartine; Second by:
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
setback 19’ where 50’ required for addition to single family home –
Resolution of Approval – Eligible: Hug, Cartine, Kanoff, Buraszeski, Driscoll,
Amended resolution removing the reduction of patio; it
was not on the tape; so the building coverage variance was required.
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
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.
Certified true copy of minutes adopted at Zoning Board
meeting of May 6, 2009.
Linda M. White,
Certified to 12/3/08 hearing