Board of Adjustment Minutes 9-2-09 Print E-mail




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 – Absent                                   Carl DiPiazza (Alt #1) – Present

Maury Cartine– Absent                                    Kenneth Shirkey (Alt #2) – Present

Gerard Hug – Entrance noted

Also Present:        William Denzler, Planner

                                Hank Huelsebusch, Engineer

                                Bruce Ackerman, Esq.


Stated for the record

NOTE Mr. Hug enters

Mr. Marinello said a few words about the passing of Fred Eckhardt.  He acknowledged Mr. Eckhardt’s substantial efforts and accomplishments in regard to the planning of Montville Township.  He was a credit to our community and a great loss.


**ZC15-09 Fariello, Ralph –13 Bromley Ct. – B: 124.7, L: 7 – front setback 48’ vs 50’ new entryway                                                                                                                ACT BY: 11/4/09



**ZSPP/FCD25-06-05-09 Lake Valhalla Club – Vista Rd. – B: 11, L: 29 - preliminary/final site

plan/Use & Bulk relief and design waivers for lighting for volleyball area               ACT BY: 11/12/09



**ZC16-09 Van Duyne Properties –17 Van Duyne Ct. – B: 82.12, L: 36 – rear setback 38’   where 75’ required (47.1’ existing); side yard setback 18.4’ left side 21.2’ right side where 25.25’ required; building stories addition to single family home – Notice Acceptable

                                                                                                                                ACT BY 11/12/09

                **CARRIED WITH NOTICE TO 11/4//09

**ZC8-09 Kessler, Kyle – 144 Konner Ave. – B: 142, L: 18 – building coverage 3,619 sf (3,187 sf existing) where 2,745 s.f. allowed for deck – Notice Acceptable            ACT BY: 10/20/09

                ** NEW NOTICE REQUIRED RESCHEDULED TO 10/7/09


ZC24-06-21-09 Lodi. Shahid (Kapitula) – Remand Hearing – compliance with RSIS requirements – Notice Acceptable

Present on behalf of the applicant: Frank Matarazzo, PE; (Transcription Company present); Lawrence Calle, Esq

Mr. Calle – This application was before this Board in 2008, the Board granted bulk variances and design waivers.  The application was appealed by a neighbor.  The court upheld the decision and sent the applicant back for clarification on RSIS standards.  Mr. Ackerman  - The remand was strictly sent back to see if the application meets the RSIS standards and that is what we are limited to for discussion tonight.

Frank Matarazzo, PE - sworn

                A1 – colorized plan

Mr. Matarazzo – The property is currently a vacant lot, the applicant would like to build a single family home on the property.  Propose an underground drywell system.  Used new rainfall data as per RSIS standards and slightly modified the structure for the drywell system.  Slightly re-graded to the south by the retaining walls which now meets the ordinance for height where previously there was a variance required.  We meet the zero increase in runoff from the site. 

Mr. Huelsebusch – The rainfall increase was addressed in the previous resolution.

Open to public

Jeana Wirtenberg – 15 Old Ln – sworn

I want to make sure that this is in full compliance with zero runoff.  Will the drywells be put in before the soil and trees are removed?  Mr. Matarazzo – They will be put in early on in construction.  Will get permit from Morris County Soil Conservation to comply with soil erosion measures.  Ms. Wirtenberg – Can you calculate the increase in runoff from offsite from above this property.  Mr. Matarazzo – We meet zero runoff from site.  We propose a berm at the rear of the property that will divert runoff down the side of the driveway.  Ms. Wirtenberg – When will inspections occur?  Mr. Matarazzo – During excavation and during construction a compliance report will be submitted to the Township.  Ms. Wirtenberg – Can we be apprised of the inspections so I can have an independent inspection done.  Mr. Marinello – There will be a certification in the file after it is inspected and you will not be noticed for that certification.   Ms. Wirtenberg – Silt fences?  Mr. Matarazzo – There is a soil erosion control plan. 

Dr. Kanoff – Are you comfortable with this system?  Mr. Huelsebusch – Yes, and they still have to comply with the conditions of the resolution which are more restrictive than most single family applications.  Mr. Hug – What prevents water runoff from going onto the objector’s property.  Mr. Huelsebusch – The construction in the right of way will block the sheet runoff from the property during construction and they would have to bond the improvements and submit an as-built showing that they have re-graded the property properly.  Mr. Matarazzo  - There will be a slight increase in runoff during construction but there will be silt fencing and the work in the right of way that will alleviate that issue. 

Mr. DiPiazza – What is the current condition of runoff over the last 6 months.  Ms. Wirtenberg – It is bad right now.  Mr. Hug – So it could improve by this application.  Ms. Wirtenberg – I hope so.  Mr. DiPiazza – Will hay bales work to reduce runoff.  Mr. Matarazzo – No.  Mr. Shirkey – They would redirect the water to the catch basin.  Mr. Matarazzo – We could put hay bales on the south side of the property. 

Mr. Huelsebusch – A diversion berm would act as a better solution.  The board can require the applicant to have an engineer do certification weekly to make sure soil erosion measures are done accurately.

William Scalzitti – 15 Old Ln – sworn

All we are interested in was to not have a downside to construction.  If they put the curb and catch basins in first that would take care of everything. 

Mr. Calle – Summed up testimony.  Will comply with Township ordinance requirements.

Closed to public.

Mr. Ackerman – Summarized discussion. There was discussion of improvements in right-of-way to be done in first stage as well as catch basin, retention system to be in place, hay bales to be installed at the south side of property by silt fencing, engineering certification and erosion measures to be in effect. 

Motion to approve the application based on testimony and conditions discussed made by: Mr. Hug; Second by: Moore; Roll call: Yes - Buraszeski, Kanoff, Hug, Moore, DiPiazza, Shirkey, Marinello


ZC13-09 Rycharski, Ronald – 21 Gathering Rd. – B: 145, L:16 – side setback 12.5’ (12.66’ existing) vs 15.56’ allowed for one story addition and deck – Notice Acceptable

                                                                                                                                ACT BY: 11/4/09

Present on behalf of the applicant: Francine & Ronald Rycharski, applicant

Ms. Rycharski - sworn

We would like a bigger kitchen and a deck.  The house exists in the setback.  We want the house to be flush on the right side.  The addition would back up to the closest neighbor’s shed.  There are 3 houses on the street that have the same addition.  We are not in a flood zone.  We got a new survey to show the walkway and sheds that are on the property. 

Mr. Denzler – A variance is required for side setback where 15.56’ is required; the setback is existing non-conforming and the proposed setback will be 12.5’.  Ms. Rycharski – If the addition indented in it would look odd and not symmetrical. 

Ronald Rycharski – sworn

If we move the addition over 3’ it would affect the current laundry room door. 

Mr. Denzler – The rear of the existing house is in line with other houses in the neighborhood.  The Board should impose a condition that the addition be restricted to 1 story in the back.  Mr. Huelsebusch – Will there be an increase in runoff.  Ms. Rycharski – There is a slight increase in runoff.  Mr. Ackerman – You need to have someone certify that there is no increase in runoff. 

Open to public – none – closed

Mr. Hug – This is only 1 ½” from what exists.  Mr. Marinello – But it is exacerbating the existing non-conforming setback. 

Motion to approve the application with the condition that the addition remain 1 story made by: Kanoff; Second by: Buraszeski; Roll call: Yes - Buraszeski, Kanoff, Hug, Moore, DiPiazza, Shirkey, No – Marinello


Minutes of August 5, 2009 - Eligible: Buraszeski, Kanoff, Hug, Moore, DiPiazza, Shirkey, Cartine, Marinello

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


Burgis Assoc – Trust for: $562.50

William Denzler & Assoc. – Trust for: $406.25, $62.50, $250, $250, $218.75, $375, $250, $62.50, $250, $312.50, $281.25

Bricker & Assoc. – Trust for: $625, $375, $187.50, $156.25, $1,750.00, $375, $343.75, $375, $375, $437.50, $500, $437.50, $625, $500, $500

Pashman Stein – O/E for: $225; Trust for: $125

Motion to approve made by: Kanoff, Second by: Buraszeski, Roll call: Unanimous


ZC10-09 Onello, Daina  – 98 Changebridge Rd. – B: 124, L:17.1 – impervious coverage garage addition – Approval Resolution – Eligible: Buraszeski, Kanoff, Hug, Moore, DiPiazza, Shirkey, Cartine, Marinello

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

Ptaszak - 21 Rockledge Rd. – B: 13, L: 22 – request for extension of approvals to August 6, 2010 – Granted – Eligible: Buraszeski, Moore, Hug, Kanoff, Cartine, DiPiazza, Shirkey, Marinello

Motion to adopt made by: Buraszeski Second by: Moore; Roll call: Yes – Buraszeski, Hug, Moore, DiPiazza, Shirkey, Marinello; No - Kanoff




ZC05-06 Lazo, Jose - B: 111, L: 12 - 32 Alpine Rd – request for extension of approvals to August 1, 2010

Mr. Denzler - No change in zone in that area.

Motion to grant made by:  Hug; Second by: Moore; Roll call: Unanimous; DiPiazza abstained

Goals and Objectives Comments – On for Planning Board meeting of 9/24/09

Any comments contact the Land Use Office

Discussion ensued on amount of applications and possibility of additional meetings.  Mr. Denzler indicated that this board is the only board in the area that is busy.

Mr. Hug  said a few words about Mr. Eckhardt, he was always for the best of the town. 

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 October 7, 2009.


Linda M. White, Sec.

With explanation

With explanation

Last Updated ( Monday, 19 October 2009 )
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