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MONTVILLE
TOWNSHIP PLANNING BOARD
7:30 PM Start
195
Changebridge Road, Montville
Municipal Building
Minutes of April 16, 2009
ROLL CALL
Mr. Maggio -
present Mr.
Karkowsky - present
Mr. Sandham - present Ms.
Nielson - present
Mr. Lipari – absent Mr.
Lewis - present
Mr. Hines - present Mr. Canning - present
Mr. Visco - present Mr. Speciale (alt#1) – absent
Mr. Tobias (alt#2) - present
Also present: Joe Burgis, Planner
PLEDGE OF ALLEGIANCE
Stated
STATEMENT OF COMPLIANCE
Stated
PUBLIC DISCUSSION
None
PLANNING BUSINESS
Re-examination Report Acceptance Review & Adoption
Mr. Burgis summarized the re-examination report which is a
by-product report developed as a result of several meetings with the master
plan subcommittee. He indicated this
document is a statutory requirement under a six year MLUL requirement. There are 30 pages of text involved in this
report. The statute identifies five
areas that must be addressed by the municipality, and we must start off with
identifying goals and problems since adoption of the last master plan. This report itemizes those areas.
Mr. Burgis discussed the Highlands Legislation, noting we
prepared the first of 7 modules for studies that are being developed to
determine full build out of lands within the community. Highlands
will use this to decide what our adjusted affordable housing obligation will
be. A portion of our land is in the
preservation area and the remainder is in the planning area. He felt we should see a slight reduction of the
affordable housing numbers, noting he is hoping to have this information
available by early summer. If this
information is finalized by June or July, that would give us five months to
prepare a housing plan.
Mr. Tobias: why is
there less of a housing requirement? Mr.
Burgis: the reason is that lands within
the preservation area contains a fair amount of acreage that cannot be
developed, and the more important fact is that when you look at remaining
developable land, what is remaining is environmentally constrained so there
should not be a substantial availability of land for additional growth. Some of
the numbers in the report to the Highlands
already bears this out. We are an aging community, summarizing changes
from l980 to today.
This is not a master plan, only an assessment of the master
plan and we identify those issues in this document noting how we addressed some
but not all of the concerns, but because there is time factors, we are going to
address those remaining items thru a new master plan. Timing is perfect because it dovetails with the
highland information. The master plan
subcommittee has already received some of this data. This will help us analyze environmental
constraints. It also helps us evaluate
where we should adjust zoning boundary lines, perhaps additional growth in
other areas, perhaps reducing other zones developed.
Mr. Lewis: for the
benefit of the public, why are we doing this in two steps. Mr. Burgis reviewed the municipal land use
law which requires that this is done every six years. We are obligated to prepare and adopt a
re-exam by early May. The concern if you
don’t adopt this instrument, if you are attacked on a zoning ordinance; you
can’t rely on the master plan if you do not have a current up to date report. This is why it is important although it seems
silly since we are doing a full blown master plan report. This is an interim issue to address.
Mr. Tobias: when will
the final master plan be ready for review?
Mr. Burgis indicating that this should be ready in early 2010 since we
are waiting on the housing needs numbers?
Mr. Lewis: some of
this is outside our hands, and we may have no choice but to wait.
Mr. Burgis: by
December 9th 2009, we must adopt the Highlands Regulations if we decide to choose
to continue with this program, and we will be discussing negatives and positives
on this in the future. This is the date
that we have to adopt the Housing Element and Fair Share Plan, which will be taken
out of sequence when doing the Master Plan, since you generally start with the Land
Use Plan.
Mr. Lewis: at the
last subcommittee meeting, we discussed that this would not be dropped on the
other Planning Board members. Mr. Burgis
indicated that as each section is prepared, this will be presented to the full
board. What is done at the subcommittee
is that input is being gathered. In
addition to this board’s input, we will also be meeting with the Board of
Adjustment and other agencies involved in the review process (Environmental,
EDC as well as other sections of the municipality and its citizens). He noted it is critical for the BOA to sit in
on this master plan since this document is more important to their task since
they are obligated to review every use application in context of master plan. They are important to this process. Once we write up goals and objectives, we
want it very clear and concise so these goals and objectives are clean and easy
to understand to assist this board with their review process.
Mr. Lewis noted that this document was released to all
agencies that we work with, as well as posted on the town’s website since this
board wants these documents open for public access, reading and comment.
Mr. Sandham wanted assurances that the document dated March
31st is the document we are adopting since we have an early dated one. Mr. Burgis indicated it is the same except
that he had one of the charts enclosed enlarged since it was too small to
read.
Opened to public…
Jim Muhaw, member of Environmental Commission. One of the issues brought up at their meeting
last night was concerns about not having an updated NRI. Mrs. White noted that the Highlands
grant requires an updated NRI, and Mr. Burgis elaborated indicating this
document would be done as part of the grant we are involved in. Mr. Muhaw was told that the Environmental
Commission will be involved at some time in the future when meetings for
input/comments/concerns begin on the master plan document.
Truscha Quatrone expressed an interest in knowing who was on
the Master Plan subcommittee, if it was open to the public, and when these
meetings were held. Mr. Karkowsky
indicated it is standard procedures to use subcommittees at the Planning Board
level. Mr. Burgis elaborated indicating
that the Planning Board can create subcommittees, one of which is the Master
Plan subcommittee. She was told the
members: Gary
Lewis, Ladis Karkowksy, Deb Nielson,
Russ Lipari & John Visco (alt).
Mrs. White indicated that she notices these under the Sunshine Law that
they are open to the public but since it is a workshop, with no public
participation, and that these notices are posted. Mrs. White also indicated that all adjacent
municipalities and counties receive this document also. Mr. Burgis indicated the Master Plan
subcommittee meets at 6PM before the second meeting each month in Municipal Building.
Motion made by Larry Hines
to close meeting to public
Seconded by: Gary Lewis
Roll Call: unanimous
Mr. Burgis indicated once this document is adopted, a cover
letter is sent to the County Planning Board and Township Clerk indicating that
the Planning Board tonight adopted this Re-Examination Report. This covers the statutory requirement.
Motion made to adopt by:
John Visco
Seconded: Deb Nielson
Roll call: unanimous
Reports from Board Liaison Reports:
Board of Adjustment – Larry Hines
- Lowe’s will be on again June 3rd; Kids R Kids
day care center approved; no other major applications filed at this time
Board of Health – Lawrence Tobias – nothing to report
Environmental Commission – Vic Canning - Woman’s Club,
Township & Environmental Commission involved mentioned the recycling
program and Arbor Day activities scheduled next few weeks. Details were sent out thru email
transmission.
Water & Sewer – Arthur Maggio
- invited Planning Board to see a tour of water facilities in township. Township authorized $100,000 for a pipe
repair on Rt. 80 and Changebridge
Road. John Visco, Larry Tobias expressed interest, as well
as Mayor.
Historic Preservation Commission – John
Visco - nothing to report
DRC – Deb Nielson – no report
Site Plan/Subdivision Committee – Russ
Lipari Chair – no meetings held since last subcommittee minutes released.
A subcommittee is being scheduled tentatively for next Wednesday April 22,
2009 8:30AM subject to confirmation from chairman Russ
Lipari.
Regional Drainage Study Committee – Russ
Lipari, Ladis Karkowsky
- no comments
Traffic & Traffic Subcommittee – Russ
Lipari - not present
Economic Development Committee – Gary
Lewis, Tony Speciale
– no comment
Open Space Committee – Ladis
Karkowsky, Russ Lipari,
and Deb Nielson – Mr. Sandham
indicated he is now actively involved on this committee, noting the committee
conducted a Saturday morning tour visiting 5 or 6 properties in town, and will
review each and will assign each a priority number. He wanted the Planning Board to know that
they are still very active.
Highlands Legislation
Review Committee – Gary Lewis – no
comments
Appointment to Fire Department Districts – Russ Lipari Towaco – absent
Tony Speciale for Pine Brook – absent
Art Maggio for Montville
– no comment
Request for Input on vacation of Rt. 202 Right of Way @ Schneider Road –
Report from J. Burgis, Planner
Mr. Burgis reviewed report submitted. His findings given verbally two meetings ago
are now in written report. He confirmed
that regardless of annexation, that there will be variances on each lot
involved due to the undersized area in the OB2A zone. He indicated that there is an undeveloped ROW
to the rear of the lots that the Township should consider since including this
undeveloped ROW into the lot areas creates a larger more developable property. Without this addition ROW area, the lots are
very small.
Mr. Lewis asked if it isn’t an issue since he thought there
was split zoning involved on these parcels.
Mr. Burgis indicated the land in the rear if Residential, these lots are
under OB2A zoning. R27 is to the south
of the undeveloped land.
Mr. Sandham indicated that there is a fence that is clearly
within the ROW. Photos were reviewed. It is unknown how long this fence
existed. Discussion ensued. Mrs. White noted a letter will go to property
owner putting him on notice of township’s review of area since they just
received these dedicated areas from the County.
This is the first time the Township was even aware of the
encroachment.
Vic Canning expressed that the letter should be strong in
indicating that our community just became involved recently due to the County’s
donation of land.
Discussion ensued on a formal recommendation to the Township
Committee, noting that one of the lots may be able to be a stand alone lot if
the adjacent lot is merged. The OB2 zone
requires 80,000 sq. ft. This lot is about 28,000 sq. ft. Mr. Burgis indicated area variances will be
required. Mr. Burgis indicated it is
important that the Township Committee discuss vacating the ROW area first,
before offering for sale, if they wish to so this area can be added.
Mr. Lewis asked about looking at the lot adjacent to the
resident as a ‘stand alone’ lot, and perhaps in the future someone may look at
adjacent parcels and see the potential that exists. Mr. Canning noted if the Township wants to
keep the property, you don’t have to worry about development. If you don’t want to sell it, you don’t
have.
Mr. Burgis was asked to update this report which was reschedule
to April 23rd agenda.
RESOLUTIONS
None
WAIVERS
PMISC09-08 Ezose Science – 25 Riverside Drive – B: 182, L: 7 –
(sublease from Elusys) 11,951 s.f. office/labs for research and development –
hours of operation 8am to 5pm Mon-Fri – 15 employees – signage to be in
compliance with approved theme – no commercial vehicles – no outdoor storage
(Frasetto)
Approved subject to compliance with use letter, sign theme
approved for entire building tenancy mix, no outdoor storage
Motion made by: Gary Lewis
Seconded by John Visco
Roll call: Unanimous
CORRESPONDENCE
None
MINUTES
Minutes of 3/26/09 – John Visco,
Deb Nielson, Ladis Karkowksy, Russ Lipari,
Art Maggio, Tony Speciale, Gary Lewis
Master Plan Subcommittee Minutes 3/26/09 – Gary Lewis, Ladis Karkowksy, Deb
Nielson, John Visco,
Russ Lipari
Planning Board subcommittee minutes 3/26/09 – Deb Nielson, Russ Lipari
Approved by: Gary Lewis
Seconded by: John Visco
Roll call: Unanimous
INVOICES
Michael Carroll, Esq - Trust for: $675, $843.75
Omland Engineering – Trust for: $101.25, $240, 202.50,
$371.25
Anderson & Denzler – Trust for: $202.50
Johnson, Murphy – Trust for: $240
Uhl Baron – Trust for: $1,000 (K&S)
Bricker & Assoc. – Trust for: $312.50
Approved by: Larry Hines
Seconded by: Jim
Sandham
Roll call: Unanimous
LOI/DEP NOTIFICATIONS
None
OLD BUSINESS
PMSP/F08-BORNSTEIN,
DAVID – 73 Horseneck – 15 Woodland, B: 139.06,
L: 17 & 18 – Major subdivision involving extension of Woodland to Horseneck
Road- Variances: lot frontage & min. lot width at street and bldg. setback line for lot 17.01 – Notice
Acceptable ACT BY: 7-11-09
Off – Carried with notice to 5/14/09
Motion made to carry with notice to May 14, 2009 by: Larry Hines
Seconded by: Jim
Sandham
Roll call: Unanimous
NEW BUSINESS
None
CONCEPTS
None
Meeting adjourned unanimously in a Motion made by John Visco, Seconded by Jim Sandham.
Respectfully,
Linda M. White
Secretary
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