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Latest News in Montville, NJ

The Full Montville – The Town that Sued Itself

MONTVILLE – Fights over development are common in New Jersey, but this one is different.The township of Montville is essentially suing itself.Go figure.This intra-community legal battle has its roots in a proposal by Diversified Properties LLC. to develop an age-restricted community that would include 266 units and such amenities as a swimming pool and tennis courts. This would be built near where Route 287 crosses the township and in the vicinity of River Road and Route 202.As is the norm with these things,...

MONTVILLE – Fights over development are common in New Jersey, but this one is different.

The township of Montville is essentially suing itself.

Go figure.

This intra-community legal battle has its roots in a proposal by Diversified Properties LLC. to develop an age-restricted community that would include 266 units and such amenities as a swimming pool and tennis courts. This would be built near where Route 287 crosses the township and in the vicinity of River Road and Route 202.

As is the norm with these things, there was resident opposition as the plan meandered its way through a series of Zoning Board of Adjustment meetings. As the regulatory venue suggests, variances were needed.

And last fall, the board in a 5-2 vote granted 20 variances, which seems like an astonishing number to be sure, and approved the project.

Litigation to overturn the approval was quickly filed by a resident.

One does not intend to make light of resident opposition, but to be candid, litigation of this type is not unusual.

Now we come to the township committee, which filed its own suit seeking to overturn the approval last Nov. 20.

That was unusual.

The township contends, in short, that the zoning board “acted beyond its statutory authority,” and in doing so, it “arrogated” the zoning powers of the township.

The suit notes that the township committee considered a “senior housing overlay zone” for the roughly 29-acre tract in question, but it did not approve one.

So in layman’s terms, the zoning board messed up – big time – by sanctioning the project.

The committee’s reasoning is not what’s unusual. What is peculiar is the suit itself.

Boards of Adjustment are not independent entities; they are part of the municipal government. Board members are appointed and approved by the township committee.

So, the committee is suing a group of people it themselves appointed.

And given the fact both the committee and the board are government bodies – as opposed to private entities – you have to figure that township taxpayers are on the hook for both ends of the litigation. Up to a point at least.

The developer, Diversified Properties, is a defendant as well. The township won’t need to pay their attorney, but it, presumably, would need to pay the zoning board’s attorney for any work related to the suit.

The township committee held its reorganization meeting Tuesday night and Dr. Matthew Kayne was appointed mayor. Under the township’s form of government, the 5-person committee names one of their own as mayor.

There was no mention of the suit itself, although it was pointed out that two veteran members of the zoning board have resigned.

Broadly speaking, it is just about always good politics to oppose a large-scale development project. As stated, many residents show up in opposition to such proposals.

Speaking after the meeting, Kayne refrained from in-depth conversation about the suit, which is customary. Although, he did say it was the right thing to do and had nothing to do with politics.

One who disagrees with that assessment is the attorney for Diversified Properties, Steven Schepis.

In a recent brief seeking dismissal of the suit, Schepis says the township’s litigation is a “politically motivated attempt to satiate the unreasonable demands of a handful of area residents” who he said are unhappy that 40 of the units will be reserved for low/moderate income seniors. He also said the township’s suit was procedurally deficient.

Things change all the time, but as of now, Judge Stuart Minkowitz is scheduled to hold a Jan. 26 hearing on this odd Montville Civil War.

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Pine Brook Resident Ed Alstrom Plays Organ for the Yankees

MONTVILLE, NJ – For Pine Brook resident Ed Alstrom, playing the organ at Yankee Stadium is the fulfillment of a childhood dream.“I love baseball, and I love being in the seat to do this part of it,” Alstrom recently told CBS. He’s been doing it for 21 years, playing different tunes to lead cheers and jeers, wearing only socks so that he can also play the pedals that playing ...

MONTVILLE, NJ – For Pine Brook resident Ed Alstrom, playing the organ at Yankee Stadium is the fulfillment of a childhood dream.

“I love baseball, and I love being in the seat to do this part of it,” Alstrom recently told CBS. He’s been doing it for 21 years, playing different tunes to lead cheers and jeers, wearing only socks so that he can also play the pedals that playing an organ requires.

The recent interview on channel 2 news occurred because of Alstrom being on the lecture circuit at local libraries, telling about his experiences playing at the stadium.

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“I was approached about five years ago by someone at a company who wanted me to present about it,” he said. “Several years later I pitched it to Pam [the programming associate at Montville Township Public Library] and she said yes. It went really well, so I’ve done it about a dozen times.”

At a Caldwell Library lecture, the wife of a producer at CBS News talked to Alstrom’s wife and facilitated the appearance on channel 2.

But Alstrom is very busy in all different venues. The former school teacher plays at assisted living facilities, is the music director and organist at a church, plays piano and guitar at a local temple, and plays solo and in band gigs across northern New Jersey.

When asked about his favorite song – or even his favorite genre of music – he says he has none.

“My favorite song changes every day,” he says. “I love all kinds of music.”

See Alstrom perform live by visiting https://www.edalstrom.com/ .

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Montville Twp Committee Sues Zoning Board and Developer of 266 Units

MONTVILLE, NJ – A 266-unit age-restricted development to be located near the entrance to 287 south on Route 202 which was approved by the Montville Township Zoning Board in September of 2023 is currently under litigation – with an interesting twist.The Montville Township Committee is suing both the Zoning Board and project developer Diversified Properties to try to stop the development from happening. Montville resident Neil Boyle, who was vocal at many of the nine hearings for the application, is also suing both entities....

MONTVILLE, NJ – A 266-unit age-restricted development to be located near the entrance to 287 south on Route 202 which was approved by the Montville Township Zoning Board in September of 2023 is currently under litigation – with an interesting twist.

The Montville Township Committee is suing both the Zoning Board and project developer Diversified Properties to try to stop the development from happening. Montville resident Neil Boyle, who was vocal at many of the nine hearings for the application, is also suing both entities.

Boyle’s suit contends, among other reasons, that the Zoning Board “ignored, without comment, the evidence presented to it that the property required a zone change rather than a use variance to permit the proposed use.”

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Two use variances and 19 bulk variances were granted when the application was approved in a 5-2 vote, with members James Marinello and Annabel Pierce voting no. Since the litigation was filed, three members of the Zoning Board, Marinello, who was chair, Ray Giordano and Richard Moore have resigned, although it is unclear if it is due to the lawsuit.

Other accusations in Boyle’s lawsuit state that the Zoning Board “ignored without comment, the evidence presented to it that the proposed access to and from the property [as] insufficient for the projected and/or actual vehicle trips to be generated by same” and “the findings contained in the [board’s] resolution were and are conclusory and are not predicated upon facts adduced in the record.” His suit also states that the board usurped the Township Committee’s authority, ignored the substantial traffic impact the development would have, as well as the light spillage, additional noise generation, the destruction of historic structures, wildlife habitat and wetlands, and the impact to groundwater, surface water and aquifer recharge. He also accused one of the Zoning Board members of having a conflict of interest but the documents filed do not say who.

The Township Committee is accusing the Zoning Board of exceeding its statutory authority by rezoning the development area. They also charged the Zoning Board with making a decision “not based on factual determination.”

Quoting case law, Diversified’s attorney Steven Schepis said that stating the Zoning Board acted without facts is “impermissible encroachment by the township upon the autonomy of the board.” This count was dismissed by Judge Michael Gaus last week.

Diversified has spent almost $1.4 million on the project so far according to documents filed by the company’s attorney, and continues to expend about $10,000 for every month that the project is delayed in court.

Suing Your Own Board

Mayor Matt Kayne is quick to point out that the Township Committee has nothing against the Zoning Board and the volunteers on the board.

“It was nothing at all about [the Zoning Board’s] decision, it was the question of whether or not it was rezoning,” Kayne told TAPinto Montville. “It is an intricate situation. The Township Committee so appreciates the work of all of our volunteers. The members of the board of adjustment worked so hard on this [application]. There were a number of meetings. There were not just meetings – they were lengthy meetings, and there was a lot of content. We applaud the effort of the Zoning Board. We just had one question: was it rezoning.”

“I think it’s fair to say it was not about the board but what the requested relief was,” Township Attorney Fred Semrau said.

Former chair Marinello and Diversified’s Managing Member, Nicholas Minoia, declined to comment. But in his deposition to the court, Minoia states that the proposed development would provide services, activities and socializing opportunities for Montville-area seniors so that they can stay in town, “age in place,” and “remain integrated in the fabric of the community and surrounding towns.” He states that this is “exactly what the township’s 2019 Land Use Plan Amendment envisioned for the site.” Diversified is continuing forward with their plans, having erected a sign for the project on the corner of Route 202 at the Route 287 south entrance which lists a website. The website has a signup for updates on the progress of the development and a three-and-a-half minute long video with animated 3D simulation of the buildings, the amenities, and the development’s proximity to banks and restaurants.

Next steps in the suit will be determined by a case management conference with the court, Semrau said.

For more on the decision of the board, see: Montville Zoning Board Approves 266 Age-Restricted Apartments and Townhouses for Site Next to 287.

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Kideckel, Biggio Lift Montville Softball to Big Win Over Roxbury

MONTVILLE, NJ - Despite a hitless slump that spanned 10 at-bats and three games, Lauren Kideckel knew she was on the verge of breaking out.It began with a 3-for-4 performance in a win over Parsippany Hills on Sunday, before going 1-for-2 in a loss to Morris Knolls on Monday.She had a major challenge ahead of her in facing one of the top pitchers in the state in Roxbury's Hailey Errichiello on Tuesday. The junior rose to that challenge, belting two home runs with five RBI to lift Montville to a 5-1 win over Roxbury in the team's...

MONTVILLE, NJ - Despite a hitless slump that spanned 10 at-bats and three games, Lauren Kideckel knew she was on the verge of breaking out.

It began with a 3-for-4 performance in a win over Parsippany Hills on Sunday, before going 1-for-2 in a loss to Morris Knolls on Monday.

She had a major challenge ahead of her in facing one of the top pitchers in the state in Roxbury's Hailey Errichiello on Tuesday. The junior rose to that challenge, belting two home runs with five RBI to lift Montville to a 5-1 win over Roxbury in the team's home opener at Montville Township High School on April 16.

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“I think it was just this game and the last game against Morris Knolls, my swing has mechanically become a lot better," Kideckel said. "I thought it was coming soon. But everything clicked today."

Montville mustered just three hits off Errichiello in the game, with two being Kideckel's home runs, as well as a single from Julie Kobilarcik.

"I’m just so proud of Lauren for having two really good at-bats against one of the top pitchers in the state, and got her first and second career home runs," Montville coach John Immediato said. "I’m so proud for her because I know she works so hard and you can see it pay off at the right time."

It was the team's third win in four games after starting the season 1-4, now holding a 4-5 record. It also marked the team's first divisional win in the very difficult NJAC-American Division.

“With the seniors that we lost and the new team that is on the field, it took us a little bit to start clicking," Immediato said. "The preseason is much shorter than it has been, and I think it hurt us a little bit being a less experienced team. You saw that in the first week when we didn’t play well, and then the second week we went 3-1 and started to turn the corner and do some good things. Coming into today, we had some confidence, especially with the experienced players who have faced Hailey before when we beat them in the county final (in 2022). I think one of the things that really jazzed our girls up today was that we played seven games on the road to start. The schedule went the way it did with a couple of rainouts, but they were excited to play at home and I think that really worked in our favor."

Montville received a terrific pitching performance from junior Daniella Biggio, who surrendered just one run on three hits, with 14 strikeouts and no walks. After a few difficult starts to open the year, she has given up three or less runs in her last four starts, while striking out 57 batters to just five walks.

“It felt good. It was kind of the first time that I’ve been in this situation against a good conference team, and we play in one of the best conferences in the state," Biggio said. "We got off to a little bit of a rough start this season in our conference. It felt good to have our home opener against a really good team in the conference and in the state.”

She added, "I think just sticking to our plan and having confidence in myself all winter and all year to prepare for this. Just going in with that mindset of attacking the batters and being confident in my teammates.”

Immediato believes his junior pitcher is really rounding into form over her last few starts.

"Dani, the last four outings for her have been off the charts," Immediato said. "10-12 strikeouts, not really giving up any runs, she’s pitching like the pitcher I know she can be. The field behind her played great today making all the plays."

Montville will be back in action at home on Thursday, April 18 when it hosts Randolph at 4 p.m.

Questions and Answers about the Montville Twp Boil Water Advisory

MONTVILLE, NJ – Township administrators have found themselves fielding many questions about the water boil advisory in effect for the township, so they released the following information to answer the questions they have received:1.What parts of the water system are affected?All parts of the Montville Township water system are affected, including Montville, Towaco and Pine Brook.Sign Up for FREE Montville NewsletterGet local news you can trust in your inbox.This site is protected by r...

MONTVILLE, NJ – Township administrators have found themselves fielding many questions about the water boil advisory in effect for the township, so they released the following information to answer the questions they have received:

1.What parts of the water system are affected?

All parts of the Montville Township water system are affected, including Montville, Towaco and Pine Brook.

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2. Why does this involve the whole town?

Montville Township has one water system. The severity of this break did have an impact on the entire system, therefore, the NJDEP required a system-wide notification.

3. If I have a well am I impacted?

No, you are not.

4. When will the Boil Water Advisory (BWA) be lifted?

Not until the New Jersey Department of Environmental Protection (NJDEP) allows the BWA to be lifted. Water samples have been collected and sent to the lab for testing. The results will be reviewed by the NJDEP. The earliest the BWA could be lifted is mid-day Saturday, March 16. All efforts to expedite the process will be utilized.

5. How will I know the water is safe?

There will be a Nixle alert and the message will be posted on our Township website and other social media.

6. Why is the NJDEP involved?

All water activities are overseen by the NJDEP. The BWA is a mandated procedure under certain events. The process for handing a water main break is strictly prescribed by the NJDEP.

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