Planning Board Minutes 4-16-09 Print E-mail


7:30 PM Start

195 Changebridge Road, Montville Municipal Building

Minutes of April 16, 2009


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








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. 




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




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


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




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





Meeting adjourned unanimously in a Motion made by John Visco, Seconded by Jim Sandham.


Linda M. White


With explanation

With explanation

Last Updated ( Monday, 18 May 2009 )
< Prev   Next >
Joomla School Template by Joomlashack