Montville board approves NCK Distributors site plan and variances for Route 202 service station

The Montville Township Zoning Board of Adjustment voted April 22 to approve preliminary and final site plan and variance relief for NCK Distributors LLC to redevelop the service station at 858 Route 202, subject to conditions including coordinated landscaping, required professional reports, no outdoor storage or displays, and an 11:00 p.m. closing time for the convenience store.

Board members first voted that res judicata did not apply to the current application, clearing the way for consideration. The motion to determine res judicata inapplicable was made by Ibrahim Coklar and seconded by Sharif Shamsudin; the roll call was yes — Gomilla, Lomrantz, Coklar, Shamsudin, Daskaloski, Pisano, and Kovalcik. The approval motion, also moved by Coklar and seconded by Shamsudin, carried on the same roll-call vote.

Applicant representatives told the board the existing site has operated as a service station for decades and would remain a fueling and convenience use under the redevelopment. Planner John McDonough said the proposal reduces some impervious area in the rear, moves the building farther from the road, shrinks the proposed building relative to an earlier denials-era concept, eliminates outdoor vehicle storage and on-site repair noise, and adds landscaping, lighting and circulation improvements. He characterized the project as a modernized, less intrusive use than what now exists and said it satisfies the balancing factors for the board’s consideration.

James Coyne, a licensed site remediation professional, testified that a petroleum release in 1986 (attributed in the record to Sunoco) and a 2002 call-in led to remedial actions; he said the site still contains 40-year-old single-walled underground tanks that will be removed, visible contaminated soil excavated and transported to permitted disposal facilities, and that the monitoring well network (more than 16 wells) indicates contamination concentrated around the former tank field. Coyne said the applicant proposes installing two 12,000-gallon double-walled tanks with interstitial monitoring alarms "that send an alarm if there is a breech," and that he had no concerns with proposed stormwater infiltration as designed.

Neighbors raised concerns about setbacks, odor and runoff. Tim Tsinatze asked how close parking would be to his property line; the engineer said parking would be 6.5 feet from the property line where 10 feet is required because of the lot’s irregular shape and environmental constraints. Tsinatze also expressed concern about gasoline smells and reports of garbage being dumped into the Morris Canal. Susan Sabatino, who lives off Alpine Road, said the existing site is an eyesore but that the proposed plan "looks beautiful on the plans" and that she supports the application.

Engineer Joseph Vince described plan revisions submitted April 6: reduced parking to 11 spaces, a new loading area, a proposed crosswalk across Route 202 (approved by the County), ADA ramp reconstruction, bus stop improvements, six additional trees along the property line, and a proposed impervious coverage of 48.6% compared with existing coverage of about 59.2%. Vince said limited grade changes of about 2 to 3 feet are proposed near the property line and noted a decorative landscape wall would be installed approximately six inches from the property line.

The board’s approval was conditioned on the applicant working with the planning office and board engineer on landscaping and mitigation measures, submitting required professional reports, prohibiting outdoor storage or displays, adhering to the board-established 11:00 p.m. closing time, and complying with all testimony offered at the hearing. The application carries an act-by date of May 31, 2026 for any outstanding administrative matters.

The hearing record contains multiple exhibits, including the revised site plan set and photo displays prepared by the planner. The board closed the public portion before voting on the motions.