Montville zoning board approves NCK Distributors gas station with conditions

The Montville Township Zoning Board of Adjustment on April 22 approved NCK Distributors’ application to replace a longstanding service station at 858 Route 202 with a new gas station and convenience store, granting required use and bulk variances subject to conditions. The board determined that res judicata did not bar the application and approved the site plan after testimony and public comment.

The application sought both 'd' (use) and multiple 'c' (bulk) variances for a property in the R-20A zone within the Critical Water Resources/Restricted Area Overlay and a historic Morris Canal area. Applicant representatives—attorney Steven Schepis, PE Joseph Vince, and planner John McDonough—presented revised plans (sheets revised 4/6/26) and argued the project reduces some adverse site features compared with the existing condition. The board recorded an Act By date of May 31, 2026 for the matter.

Environmental consultant James Coyne, a licensed site remediation professional, testified there were petroleum releases in 1986 and 2002 and that Sunoco was the party responsible for cleanup dating to 1986. Coyne said contamination is concentrated around the existing single-walled underground tanks, that the tanks will be removed and any visibly impacted soil excavated and hauled to a permitted facility, and that the proposal calls for two 12,000-gallon double-walled tanks with interstitial monitoring that will alarm if a breach occurs. "The new tanks are pretty much fail proof," Coyne said.

Engineer Joseph Vince described plan changes intended to reduce impacts: parking reduced to 11 spaces (to avoid overparking), addition of a loading area, extension of the sidewalk, a county-approved crosswalk across Route 202, ADA ramp reconstruction and bus-stop improvements, and the planting of six additional trees along the property line. Vince testified the proposal’s impervious coverage would be 48.6 percent compared with an existing 59.2 percent. He said some grade changes of about 2–3 feet are proposed near the property line and described a proposed 2–3 foot decorative landscape wall set back slightly from the property line.

Planner John McDonough said the site is a pre-existing nonconforming service station and that the revised proposal reduces the building footprint, increases front and side setbacks relative to the prior denied application, relocates pumps farther from the road, reduces signage, eliminates outdoor vehicle storage and repair activity, and improves drainage and lighting. He applied the Medici test to argue the variances would not be substantially detrimental to the public good.

Neighbors asked about setback distances and odors. Resident Tim Tsinatze asked how close parking would be to his property; Vince said parking would be 6.5 feet from the property line where 10 feet is required. Tsinatze expressed concern about gasoline odors and garbage entering the Morris Canal. Attorney Schepis told the board the applicant would work with the board engineer and planner to reduce odors.

After closing public testimony, the board voted first to find res judicata did not apply to the application (motion by Ibrahim Coklar; second Sharif Shamsudin; roll call yes: Gomilla, Lomrantz, Coklar, Shamsudin, Daskaloski, Pisano, Kovalcik). The board then voted to approve the application and the variances subject to conditions including working with the planner’s office on landscaping and required professional reports, no outdoor storage or displays, and a closing hour of 11:00 PM (motion Coklar; second Shamsudin; roll call yes: Gomilla, Lomrantz, Coklar, Shamsudin, Daskaloski, Pisano, Kovalcik).