Montville OKs Land Use Law With Church, Sign Issues to Address

The Montville Township Committee voted 4-1 Tuesday to approve an ordinance that overhauls the town's land use laws for the first time in 25 years.

Among the changes in the new law are measures designed to streamline the application process and promote economic development by allowing new retail uses along sections of Route 202 and Route 46 in accordance with the town's master plan that was approved about a year ago.

Residents, a church, a business owner in town and Lake Valhalla Club raised a variety of concerns about the changes at a public hearing Tuesday and in letters and reports to the Township Committee beforehand. The town's attorney, Martin Murphy, said two sections of the ordinance—one involving campaign signs, and one restricting the expansion of a Korean church and the location of future churches—might run afoul of federal laws, which Committeeman Scott Gallopo cited as his reasons for casting the dissenting vote.

Murphy said those sections could be addressed at a later time, which Planning Board Chairman Russ Lipari and Vice Chairman Gary Lewis said they would do as soon as possible, starting in January.

Committee members said they applauded the volunteers on the Planning Board Master Plan subcommittee that began crafting the law, which Township Committeewoman Deb Nielson said is meant "to save residents time, money and aggravation" by making it easier to complete home projects, such as decks.

She said developers will have a much easier time getting approvals because of relaxed standards for setbacks and parking, and some properties have more possible uses, she said.

Gallopo said the master plan is a "phenomenal" document, but that he was troubled by the sections of the new land use law that Murphy said might be unconstitutional.

"Out of principle, I cannot vote 'Yes' on an ordinance that includes a piece of it that is in conflict with federal law and the Constitution," Gallopo said after voting. "I'm happy that, as a whole, the piece is a phenomenal master plan.

Committee members realized the section of the law regarding political signs—unchanged from the previous law—required people to get permits before posting signs, which is a rule the town has not been enforcing, but Murphy said having the restriction on the books might be in violation of federal law nonetheless.

Members of SanDol Presbyterian Church, a Korean church on Changebridge Road near Bloomfield Avenue with about 150 members, said the new zoning law seems to discriminate against them by directing more church restrictions at the zone where their church is located. Town planning consultant Joseph Burgis said the Planning Board "purposefully didn't include one particular church" with the other church standards because the Planning Board felt their church "had maxed out that property and we didn't want to encourage any additional growth."

Murphy said that might be a legal issue. And Mayor Jim Sandham said his recollection was that SanDol Presbyterian Church had the ability to develop their property further, but there was an emergency access issue.

Church elder Jae Shim said they should have the same opportunities as other churches in town.

"How can they pass something without going by their legal team?" church member Ryan Lee said.

Business owner William O'Dowd argued he should be able to build a Quick Chek gas station at property he owns at Changebridge Road and Route 202, something he has argued for years, but the Township Committee wasn't swayed, though officials noted his property has other possible uses as a result of the law should an access road be added.

Steve Schepis, an attorney for Lake Valhalla Club, filed a letter asking to have an adjustment made to the section defining acceptable uses at the club.