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MONTVILLE TOWNSHIP PLANNING BOARD
7:30 PM Start
195
Changebridge Road, Montville Municipal Building
MINUTES OF OCTOBER 8,
2009
ROLL
CALL
Mr.
Maggio - present Mr.
Karkowsky - present
Mr.
Sandham - present Ms. Nielson - present
Mr.
Lipari - present Mr. Lewis - present
Mr.
Hines - absent Mr.
Canning - present
Mr.
Visco - present Mr.
Speciale (alt#1) - present
Mr.
Tobias (alt#2) - present
PLEDGE
OF ALLEGIANCE
Stated
STATEMENT
OF COMPLIANCE
Stated
PUBLIC
DISCUSSION
Mr.
Lipari asked for an update on the Gaudiosi building. Mrs. White indicated that she sent an update
late in day noting that this site has an asbestos problem, and should be
demolished no later than second week in November.
Mr.
Lipari voiced concerns on all of the windows for the Skateboard use
painted. Mrs. White will review.
Mr.
Maggio reminded board members that the machine is sometimes on and that some of
the information he heard is really not relative to the public record. Mrs. White will make sure that the machine is
off if people are talking or meeting is in recess.
PLANNING
BUSINESS
Highlands – Continued
discussions/matrix
Mr.
Burgis reviewed the update to the matrix.
Changes reviewed. Under Highlands, you can opt out anytime after you opt in. You are not obligated to opt in now and can
opt in at any time in future. If you
don’t make it by December 8th, it is Highland’s assumption of not opting in.
Municipal
build out: the numbers have changed
slightly due to changes at the county build out level. Tax implications were added.
Mr.
Burgis indicated some of the sites the county believes developed are
conservative and yield is on the high side.
Question asked about the ratable:
is it yearly or one tie assessment.
Mr.
Burgis indicated the amount is annual.
Matrix should be changed to ‘annually’ to reflect it is a yearly
assessment. This is at full build
out. On average there are about 30 new
homes per year looking at the past five years.
563 is the ultimate build out number based on zoning regulations,
environmental regulations and topo.
Mr.
Tobias asked if rebuilding of houses was taken into consideration. Mr. Burgis indicated it doesn’t and the Highlands regulations provide exemptions for rebuilt or
additions.
Jim
Sandham asked if there is a concern on water constraints. And, if so, would this cut the number even
lower? Mr. Burgis indicated this is a County issue and this would be answered
on a non-in opt scenario.
Information
presented on regulatory constraints, on bottom of section 3, water ability and
environmental constraints is general.
Impact
on planning program item one did not change.
Significant changes if we opt in since we are obligated to update NRI, as
well as all of our master plan elements.
We are already doing this work so we actually are in a good position. Our community is already looking at all of
these elements.
Some
of the numbers on the environmental buffers are extreme under Highlands. Typically wetland buffers are 50’ up to
150’. Discussion continued. Vernal pools can be small as a desk and can
take out almost 75 acres of land.
Highlands looked into vernal pool, and only one is shown on Highlands map in preservation area. Discussion continued on what is a vernal pool
and impact of how much land would be affected.
Other
issues significant to township are steep slopes. Our ordinance has certain limitation and if
you opt in under highlands, more onerous.
Gary Lewis: if there are any existing areas of town in
sewer service area and extension of service down a street may be a problem
under Highlands and our sewer department was
counting on a certain number of users, the township committee should have this
information. We need to know if we can
forward with our plans for existing development and if there is an impact in
built out areas, then this is not acceptable. This is an area we should have
some feedback on from Mr. Mazzaccaro on this issue.
Mr.
Burgis noted that for the Planning Board meeting of Oct. 22nd, he will
have some of the maps enlarged: land use
capabilities will be enlarged, as well as the map that identifies streams and
buffers around the stream, so people can look at their property and see where
they fall in these characteristics.
Mr.
Speciale: can we opt in or opt out at any time.
Mr. Burgis explained that there are no legal implications and that it is
no different than when a township adopts a zoning ordinance and amends a zoning
ordinance, approvals granted are protected:
there is no issue.
Second
question: if you choose to opt out, you
no longer have benefit of getting grants since they indicated that they are to
township that opts in, is that a problem.
Mr. Burgis didn’t think so. If we
are sued land use as a result of highlands, highlands will give you legal
representation, but you still have a better ability to get other state grants
by virtue of state grants. There are no
penalties and no pull back of grants already granted.
If
you spent the monies, he sees no penalty.
The main issue is COAH: if you
opt out, you would be subject to COAH numbers.
On the other hand, if you have this
environmental data from Highlands that
supported a lower number, Mr. Burgis indicated he can’t see not using this same
data to make an application for an adjusted number to COAH? COAH refuses to answer this question when
asked.
Mr.
Burgis did not think regulations would make a significant change in our
municipality since Highlands is geared more
towards open areas undeveloped.
Victor
Canning indicated that the fact is there are few grants that are
available. This township already has
addressed their need for open space and in truth, already addresses this need
with their Open Space tax bill, and what else are you going to do with grant
monies if you were to get them?
Mr.
Tobias: on prior discussion about vernal
pools: he indicated a person would lose 72
if there were a small vernal pool on property.
This is significant. There are so
many uncertainties with grants. COAH
changes don’t appear to be set due to the issue of COAH and lawsuits. The League’s suit is being heard in December,
and the decision will be rendered by March.
Mr. Burgis indicated a number of towns are looking at this and there may
be a dramatic change, reviewing some of the COAH issues.
John Visco: Why does the highland’s mapping only shows
one vernal pool? Mr. Burgis: other towns
have a lot of vernal pools and have no idea why they only located one. Other board members are aware of other areas
that may have vernal pools.
The
final public discussion and recommendation to the Township Committee was set
for Oct 22nd since we need to give recommendation to Township
Committee who is faced with the final decision making on the issue of opt
in/out.
Gary Lewis: if the board is ok with the final matrix,
this document was sent to all of advisory boards, and a number are liaisons,
and he asked that the secretary advise all that their response be returned before the 22nd
and in one formal report/letter from each entity. This data would be reviewed at master
plan/highland’s subcommittee meeting at 6PM.
All were satisfied with the Matrix which was updated due to input from
members and their comments.
Reports from Board
Liaisons:
Board of Adjustment – Larry Hines -
Mrs. White noted that the Board approved Holiday @ Montville for 31 age restricted units, 5 of
which are COAH units.
No other verbal reports given.
Board
of Health – Lawrence
Tobias
Environmental
Commission – Vic Canning
Water
& Sewer – Arthur Maggio
Historic Preservation Commission –
John Visco
DRC
– Deb Nielson
Site Plan/Subdivision Committee – Russ Lipari Chair
Regional Drainage Study Committee – Russ Lipari, Ladis
Karkowsky
Traffic
& Traffic Subcommittee – Russ Lipari
Economic Development Committee –
Gary Lewis, Tony Speciale
Open Space Committee – Ladis Karkowsky, Russ
Lipari, Deb Nielson
Master Plan/COAH 3rd
Round – Ladis Karkowsky, Russ Lipari, Deborah Nielson, Gary Lewis & John Visco (alt)
Cross Acceptance Committee – Ladis Karkowsky, Russ Lipari
Highlands Legislation Review
Committee – Gary Lewis
Fire Department Districts – Russ Lipari Towaco; Tony Speciale or Pine Brook, Art Maggio for Montville
WAIVERS
PMISC09-33
Refine Technology
– 26 Chapin Rd.
Unit 1107 – B: 183, L: 7.1 – office (2,816 s.f.)/warehouse (3,307 s.f.) for
design & development of filtration systems – 7 employees – 8am-5pm Mon-Fri
– signage in compliance with approved theme (First Industrial)
PMISC09-35
Med Graphix
– 30 Chapin Rd.
unit 1206 - B: 183, L: 7.1 – office (2,932 s.f.)/warehouse (3.298 s.f.) for
sales and training of law enforcement software – 7 employees – 8am-5pm Mon-Fri
(occasional weekends) – signage in compliance with approved theme (First
Industrial)
Approved waivers subject to compliance with
agency findings, use letter and signage as approved.
PMISC09-34 PCR Technologies
– 26 Chapin Rd. Unit
1111 – B : 183, L : 7.1 – office (5,242 s.f.)/warehouse (1,728 s.f.)
for machining & assembly of heat sinks for military – 10 employees –
6am-5pm Mon-Fri – signage to be in compliance with approved theme (First
Industrial)
Carried until Board of Health report issued
due to concerns on some of the operation.
RESOLUTIONS
PMISC09-28 Suppa’s Restaurant – minor site plan - 16 Rt. 46 W – B:
162, L: 7 – use of existing banquet room for occasional “comedy night” in
conjunction with existing restaurant use – no other change in operation - Eligible:
Ladis Karkowsky, Deb Nielson, Gary Lewis,
Russ Lipari, John
Visco, Art Maggio, Tony Speciale,
Larry Tobias, Victor Canning, Jim Sandham
Approved unanimously in a Motion
made by: John
Visco, seconded Tony Special
PMSP/F07-10 K&K
Developers – 10 Woodmont Rd. – B: 159, L: 6 K & K Developers, Inc. – resolution
on Traffic Calming – Eligible: Ladis Karkowsky, Deb
Nielson, Gary Lewis,
Russ Lipari, John
Visco, Art Maggio, Tony Speciale,
Larry Tobias, Victor Canning, Jim Sandham
Approved unanimously in a Motion made
by: by Russ
Lipari, seconded by Art Maggio
CORRESPONDENCE
None
MINUTES
Minutes of 9-24-09 – Ladis Karkowsky,
Deb Nielson, Gary
Lewis, Russ Lipari,
John Visco, Art Maggio, Tony Speciale, Larry Tobias, Victor
Canning, Jim Sandham
Master Plan Subcommittee
Minutes – 9/23/09 - Ladis Karkowsky, Deb Nielson, Gary Lewis, Russ Lipari & John Visco
Minutes adopted unanimously in a motion by Art
Maggio & seconded by John Visco
INVOICES
Michael Carroll, Esq. – Litigation for:
$38.75; Trust for: $135, $33.75, $33.75, $675. $506.25, $405, $607.50
Omland Engineering – Trust for: $135, $168.75,
$127.50, $67.50, $67.50, $67.50
Johnson, Murphy – Trust for: $330
Burgis Assoc. – Trust for: $93.75, $62.50
Approved unanimously in a Motion made by: Jim Sandham and seconded Russ Lipari
LOI/DEP
NOTIFICATIONS
None
OLD
BUSINESS
None
NEW
BUSINESS
None
CONCEPTS
None
Meeting
adjourned unanimously in a Motion made by:
Gary Lewis, seconded by John Visco.
Respectfully
submitted,
Linda
M. White
Secretary
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