Planning Board 10-8-09 Minutes Print E-mail


7:30 PM Start

195 Changebridge Road, Montville Municipal Building



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






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.


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


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.


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 




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    


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










Meeting adjourned unanimously in a Motion made by:  Gary Lewis, seconded by John Visco.

Respectfully submitted,

Linda M. White


With explanation

Last Updated ( Tuesday, 27 October 2009 )
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