MONTVILLE TOWNSHIP PLANNING BOARD Held at: 195 Changebridge Road, Montville Municipal Building Minutes of Thursday, September 28, 2017

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1 MONTVILLE TOWNSHIP PLANNING BOARD Held at: 195 Changebridge Road, Montville Municipal Building Minutes of Thursday, September 28, 2017 Chairman Lewis called the meeting to order at 7:30 p.m. and welcomed everyone to the Montville Township Planning Board hearing and asked everyone to turn off their cell phones. Ms. Kehoe took the roll call. ROLL CALL PRESENT EXCUSED ABSENT ALSO PRESENT PROFESSIONALS R. Conklin, T. Braden, A. Adrignolo, A. Maggio, J. Sandham, L. Kornreich, J. Visco, R. Lipari, P. Repic & G. Lewis N. Agnoli & R. Lipari J. Mowles-Rodriguez (Acting Secretary) & K. Kehoe (Recording Secretary) D. Novak (Board Planner), D. Flynn (Board Engineer) & M. Carroll (Board Attorney) ANNOUNCEMENTS Chairman Lewis welcomed everyone to the meeting. PLEDGE OF ALLEGIANCE & STATEMENT OF COMPLIANCE As required by the Open Public Meetings Act, adequate notice of this meeting has been provided which notice specified the time and place of the meeting to the extent known at that time. The notice was posted on the bulletin board at the Municipal Building, sent to the Daily Record and the Citizen, posted on the Township s website calendar, and placed on file at the Township Clerk s office. This meeting has been properly noticed to the public in accordance with the Open Public Meetings Act. COMMITTEE & LIAISON REPORTS Chairman Lewis asked the liaisons and committee members for reports: Board of Adjustment Mr. Adrignolo reported that there will be another billboard application at the next meeting. Board of Health Mr. Lipari was absent. Environmental Commission Dr. Kornreich reported that they will be sponsoring a series of upcoming films at the library. Water & Sewer Mr. Maggio had previously mailed his report. He said the town is currently good with water levels. Historic Preservation Review Commission Mr. Visco said they did not meet. Design Review Committee Mr. Braden said they have not met. Site Plan/Subdivision Committee Mr. Visco said they did not meet. Economic Development Committee Mr. Sandham said there was a presentation for a possible development and the Business Expo is scheduled for October 18 th. Open Space Committee Mr. Repic reported that the Boy Scout project would be happening this weekend at Camp Dawson. Master Plan Mr. Lewis had no report. Highlands Legislation Review Committee Mr. Lewis had no report. 1

2 Fire Districts Committeeman Conklin (Towaco) said that the township would be recognizing all three districts in the near future with service awards, Mr. Maggio (Montville) had no report, and Mr. Braden (Pine Brook) had no report. Invoice Review Committee To be discussed during invoice approvals if necessary. SWEARING IN OF PROFESSIONALS Mr. Carroll swore in board professionals. SECRETARY S REPORT Acting Secretary J. Mowles-Rodriguez had no report. BOARD DISCUSSION There was no discussion to come before the board. PUBLIC DISCUSSION Chairman Lewis opened the session to public comment for items not listed on the agenda related to land use matters. There was no public discussion, the meeting was closed for public comment for items not listed on the agenda related to land use matters by Mr. Visco, seconded by Mr. Repic. All present were in favor. None opposed. PLANNING BUSINESS There was no Panning Business to come before the board. WAIVERS PMISC17-35 Studio J Dance Academy 2 Changebridge Rd Unit H East Bld B: 44, L: 1-3,500 s.f. dance studio hours of operation M-TH 3:30pm-9:30pm; Sat 8:30am-4:30pm; 3 employees replacing existing tenant sign with new name A motion to approve the waiver was made by Mr. Braden, seconded by Dr. Kornreich. All in Favor by Voice Vote - None Opposed. (R. Conklin, T. Braden, A. Adrignolo, A. Maggio, J. Sandham, L. Kornreich, J. Visco, P. Repic & G. Lewis) RESOLUTIONS There were no Resolutions to come before the board. MINUTES Planning Board Subcommittee minutes of 8/31/17 Eligible: T. Braden, R. Conklin, G. Lewis A motion to approve the minutes was made by Mr. Conklin, seconded by Mr. Braden. All in Favor by Voice Vote. None Opposed. INVOICES Burgis Associates Trust for: $ (Towaco Station Rezoning); $ (Trax); $ (Jo-El); $33.75 (Chabad); $270 (CH Properties) Michael Carroll, Esq. Litigation: $1,455 (PBNJ); $400 (NMR); $2,370 (NMR) The invoices were approved on a motion made by Mr. Braden, seconded by Dr. Kornreich. Roll Call. All in Favor by Voice Vote. No Opposed. LOI/DEP NOTIFICATIONS 2

3 Mr. Flynn had no LOI/DEP notifications. LEGAL/LEGISLATIVE UPDATES Mr. Carroll had no Legal/Legislative updates. OLD BUSINESS PMS/C Realty Holding 263 Changebridge 263 Changebridge Rd B: , L:6 minor site plan with variances - Carried with notice from 9/14/17 ACT BY: 12/14/17 Present on behalf of the applicant: Thomas Sateary, Esq; Stephen Schwartz, PE Chairman Lewis explained that we were here to focus on the sign this evening. Mr. Sateary submitted a revised sign drawing for board comments. Mr. Novak said that a variance was still required for the number of colors. He discussed the memo dated 9/26/17. He said they did reduce the area of the sign in overall size and height, and are looking to move the Dunkin Donuts location in order to reduce the sign height. Mr. Schwartz, Engineer, who was previously sworn in, discussed the reasoning for the store name locations on the proposed sign. He explained that they looking to accommodate the nine tenants in a clean way and possibly fitting into three rows of three. Chairman Lewis asked about the color choices of black and red. Mr. Novak asked about the following items: reducing sign height, measurement of lettering, the external lighting request, sign rendering, and colors. More detail is needed. Exhibit A-3 (Updated Sign Rendering) dated was submitted. Mr. Schwartz discussed the sign details regarding the relocation to the southern section of property, reduced height, distances from property line, and it being outside the sight triangle. Mr. Flynn had no issues with the 9/22/17 letter. Board members commented on the following items: not meeting the zoning requirements on color and lettering size, DRC report, placement of tenants on sign, header being too large, overall sign and base height, and not feeling comfortable approving without final plan. Chairman Lewis opened the meeting to the public for questions on Mr. Schwartz s most recent testimony. There being no discussion, the meeting was closed for public discussion on the most recent testimony on a motion made by Mr. Braden, seconded by Mr. Visco - All in Favor by Voice Vote. None opposed. Further comment followed. Chairman Lewis talked about the national brand and not being in favor of the red and black lettering. Mr. Sateary said the applicant would agree to use only black lettering other than the Dunkin Donuts spot and would reduce the base by one foot. Board members shared general comments including the further overall reduction of height and area needed, internal vs external lighting, lighting timing, and possible light study. Mr. Sateary asked if the applicant could have permission to comeback. They want to speak with a sign designer. The application was carried to the October 26, 2017 meeting with notice preserved. They were asked to send the new sketch ten days prior to the meeting and to provide foot candles of what is proposed and how it exists today. There was a suggestion of looking into not having a white background. NEW BUSINESS 3

4 **PSPP/FC17-05 & PSOIL RD America (Restaurant Depot) B: 182 L:4, 21 Rt. 46 ACT BY: 12/22/17 **RESCHEDULED TO October 26, 2017 PMSl7-08 IStar B: I 67 L: Maple Ave minor site plan with no variances Notice Acceptable ACT BY: 10/8/17 Present on behalf of the applicant: Charles Lorber, Esq.; Joseph Mianecki, PP; PE; Cindy Cui, Architect; Tony Cheng, owner Mr. Charles Lorber, Esq., briefly advised the board regarding the letter from Mr. Burgis, eliminated variances, and the straight forward application. Mr. Carroll swore in Mr. Joseph Mianecki, Engineer, Ms. Cindy Cui, Architect, and property owner, Mr. Tony Cheng. 1 st witness, Mr. Mianecki s credentials were accepted. He described the project and photo exhibit for board members in detail including the following items: site locations, surrounding areas, truck traffic, refurbishing signage, loading area, new lighting, new handicap parking spaces and ramps, landscape island proposal with trees, existing parking lot, refuse enclosure in rear, surrounding residential area, wetlands, vehicular traffic pattern, what proposed, variance need for back out area, number of parking spaces, impervious coverage, parking lot maintenance, and design exception for lighting. Exhibit A-1 (Colorized Landscape and Lighting Plan) dated 6/23/17, revised 8/30/17, was submitted. He discussed the following items: illuminations from property lines, foot candles, need to light right-of-way for access, circle driveway, proximity of parking lot to southern drive isles, and design exceptions for trees within 10 feet of light fixtures. They were looking to not remove mature trees. Mr. Lorber reviewed Mr. Burgis memo with Mr. Mianecki regarding the plan revisions. Chairman Lewis thanked the applicant and professionals for having this done prior to the meeting. Mr. Lorber commented that it works both ways. Mr. Novak had no other concerns, but inquired about the reduction in number of parking spaces. Mr. Flynn asked about the lighting phases. Chairman Lewis commented about the site currently being poorly lit and if signage should be required for internal tractor trailer traffic. Mr. Novak asked that lighting be turned off by 11pm. Vice Chairman Maggio inquired if there were flooding problems on the property. Mr. Mianecki said the floor of the building is above the 100 level and no permits are necessary. Chairman Lewis opened the meeting to the public for questions on Mr. Mianecki s most recent testimony. There being no discussion, the meeting was closed for public discussion on the most recent testimony on a motion made by Dr. Kornreich, seconded by Mr. Braden - All in Favor by Voice Vote. None opposed. 2 nd witness, Ms. Cui s credentials were submitted and accepted. She testified on the following items: design of changes, reviewed plans submitted, proposed office alterations, exterior ADA improvements, drawing from 8/31/17, 1 st floor plan including storage, warehouse distribution center, employee entrance, handicap ramp, loading docks, drive-in bay, small offices along facades, and small shop for minor repairs, the 2 nd floor plan including the multi-tenant floor, applicant vs. other tenant space, fitness center for employees not public, and the exterior elevations. The board professionals nor members had questions for this witness. Chairman Lewis opened the meeting to the public for questions on Ms. Cui s most recent testimony. There being no discussion, the meeting was closed for public discussion on the most recent testimony on 4

5 a motion made by Mr. Braden, seconded by Mr. Adrignolo - All in Favor by Voice Vote. None opposed. 3 rd witness, Mr. Cheng, owner and tenant of building, described the following items: what his company does, costume jewelry business, consolidation of three companies to one and relocating business to Montville, that he is a Montville resident, about 130 employees with growth expectation, hours of operation, and deliveries. Chairman Lewis thanked him for moving his business to Montville and asked about the snow plowing and landscape services and the lighting timing. There were no board member questions. Vice Chairman Maggio asked about the number of truck deliveries and timing. Mayor Sandham inquired if a second shift would ever be considered, which it won t. Chairman Lewis opened the meeting to the public for overall testimony. There being no discussion, the meeting was closed for public discussion on a motion made by Committeeman Conklin, seconded by Dr. Kornreich - All in Favor by Voice Vote. None opposed. Chairman Lewis opened the meeting to the public for questions on overall testimony. There being no discussion, the meeting was closed for public discussion on the most testimony on a motion made by Mr. Visco, seconded by Mr. Adrignolo - All in Favor by Voice Vote. None opposed. A motion to approve the application on its merits was made by Mayor Sandham, seconded by Mr. Adrignolo. Roll Call. All present were in Favor. No opposed. (R. Conklin, T. Braden, A. Adrignolo, A. Maggio, J. Sandham, L. Kornreich, J. Visco, P. Repic & G. Lewis) A lighting plan will be submitted and they will consider the option of putting in signage for truck traffic. They inquired if building permits could be issued prior to site plan approval and resolution. Chairman Lewis explained for things related to the site plan approval, that there is an appeal period, and that the board does not have permit issuing power. He felt they should able to start demolition without board approval, but the rest of it is not in our power. He said the resolution will be placed on for the 10/12/17 hearing date. CORRESPONDENCE / EXTENSIONS / DISMISSALS PMS14-02 Croatian Cultural Club 124 Boonton Ave B: 1, L: 6 request for extension of approvals to October 23, 2018 A motion to approve the extension of approvals to 10/23/2018 was made by Committeeman Conklin, seconded by Mr. Braden. Roll Call. All in Favor. None Opposed. (R. Conklin, T. Braden, A. Adrignolo, A. Maggio, J. Sandham, L. Kornreich, J. Visco, P. Repic & G. Lewis) CONCEPTS There were no Concepts to come before the board. CLOSED SESSION There was no need for Closed Session. ADJOURNMENT There being no further business to discuss Chairman Lewis asked for a motion to adjourn. In a motion made by Mayor Sandham, seconded by Mr. Maggio, the meeting was unanimously adjourned at 9:16pm. Respectfully submitted, Kelley Kehoe, Recording Secretary 5

6 I certify that this is a true copy of minutes adopted at Planning Board meeting of. Jane Mowles-Rodriguez, Acting Sec. 6