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MONTVILLE TOWNSHIP
ZONING BOARD OF
ADJUSTMENT
MAY 6, 2009
Montville Municipal Building, 195 Changebridge Road
8:00PM Regular Meeting
STATEMENT OF COMPLIANCE
Stated for the record.
ROLL CALL:
Richard
Moore – Present Thomas
Buraszeski – Present
Donald Kanoff – Present James
Marinello – Present
Deane Driscoll – Present Carl DiPiazza (Alt #1) – Present
Maury
Cartine– Present Kenneth Shirkey
(Alt #2) – Present
Gerard
Hug – Entrance Noted
Also Present: William Denzler, Planner
Hank Huelsebusch, Engineer
Bruce
Ackerman, Esq.
PLEDGE OF ALLEGIANCE
Stated for the record
The following application was
carried with notice preserved to 6/3/09:
ZC34-04
–32-08 - Stathis - B: 24, L: 39 - 8
Bott Ln. – impervious coverage variance maximum
permitted impervious lot coverage is 13,300 sq.ft., a non-conforming 17,047
sq.ft. is existing, and where 17,480 sq.ft. is proposed. Notice
Acceptable ACT
BY: 7/11/09
OLD BUSINESS
ZSPP/FD23-08 Youssef, Eli–
437 Main Rd. – B: 81, L: 2 - Prel/Final Site Plan and Use variance to allow
development of a 2-story building consisting of a retail bagel shop - Carried
w/ notice from 1/7/09 & 3/4/09 - Eligible: Cartine, Kanoff, Buraszeski,
Driscoll, Moore, DiPiazza, Shirkey, Marinello ACT
BY: 5/7/09
Present on behalf of the
applicant: Michael Sullivan, Esq.; Craig Peregoy, Traffic Engineer
Mr. Sullivan – Application is
for preliminary and final site plan for construction of bagel store. Retail/wholesale. Not a replacement of existing bagel
store. No on-site consumption of
food. Hours of operation Mon-Sat 5 am-6pm
and Sun 5am-4pm. Reviewed the changes to
the plan in a letter previously submitted to the Board. Received agreement between Eli’s Bagel and
Transport Parts and service allowing employees to park on their site. Issue of dumpster location has come up, the
traffic expert will discuss that.
Mr. Peregoy, PE
- sworn
Did traffic counts along Rt.
202 and isolated the busiest hours.
Reviewed the trip generation to the Board. Currently left turn into Red Barn is level of
service A and out is level of service C to D.
Because there is one bagel store across the street from another does not
mean there will be a double amount of trips to the new site, the traffic will
be split between the two stores. There
is adequate parking on site. If
customers perceive a parking problem they will bring their business
elsewhere. The Board Engineer’s traffic
counts, though slightly higher, coincide with my counts. The dumpster is currently proposed to be
located on the westerly side of the building but can be moved to the rear of
the property if the Board requires. The
dumpster can be emptied outside of business hours. The County will be resurfacing the roadway
and will be painting a 2 way turn lane on Rt. 202. With the turn lane the level of service will
go up. Nothing bigger than a box truck
will be required for deliveries on site and the client has control over times
with which the deliveries will be made to
the site. Do not see the need for
stacking of cars, believe enough parking on site. The sight distance is adequate.
Mr. Denzler – Did you take
into consideration the bank site. Mr.
Peregoy – Yes and considered the site in my traffic analysis. Mr. Denzler- The dumpster should be located
to the rear of the property. Mr.
Huelsebusch – With regards to the turning radii for garbage truck to turn in
the back, can you narrow the loading space for a larger turning radii? Mr. Peregoy – Can work out length of curb
line.
Mr. Moore – Do you lose parking spaces in the
back with relocation of the dumpster?
Mr. Peregoy – No. Mr. Driscoll –
Would like to know the counts on Saturday and Sunday, not Friday and Saturday. Mr. Peregoy – The Saturday numbers are the
weekend peak hours. Mr. Buraszeski –
What is the required number of parking spaces?
Mr. Denzler – 48 and 12 are proposed.
Mr. Buraszeski – Is there a rear entrance? Mr. Peregoy – Yes. Mr. Marinello – How will this site impact the
traffic being able to get down the street on a Saturday? Mr. Peregoy – It depends on lanes, traffic
patterns, etc., but this site will be split with the use across the street so
should decrease traffic. Mr. Ackerman –
He is not trying to split his business?
Mr. Peregoy – He is increasing his use with the wholesale aspect but the
customer base will be split between sites.
Mr. Ackerman – He will have a cooking facility in the basement and a
storage area on the 2nd floor.
This is an expanded use than what exists so you can’t relate it as
apples to apples. Mr. Peregoy – The site
alone can handle the traffic, regardless of the other bagel shop. Mr. Sullivan – This site is to compliment the
other site no mirror image it. Mr.
Ackerman – Can you better define the packaged goods he will sell? Mr. Sullivan – Bagels, coffee and
pre-packaged deli sandwiches, maybe some fruit, but no dinners.
Open to public – none
Mr. Sullivan summed up
testimony. Eliminated 2nd
floor residential use. Got a parking agreement
from neighboring site to reduce parking demand.
Irregularly shaped lot. Unique site.
The building will be aesthetically pleasing. Building will comply with all setback
requirements. Appropriate amount of
parking for the proposed use. Site is
suited for the proposed use. Agreed to
relocate the dumpster.
Closed to public.
Mr. Marinello – 12 parking
spaces seems ridiculous when the ordinance requires 48. The applicant has gotten an easement for
employee parking but concerned with parking on site. Felt the residential unit was a good
idea. Don’t think this property will
ever be industrial but need to be convinced that there is something special for
this site to be the first retail use along this roadway. Mr. DiPiazza – Very concerned with the
parking. Concerned that when lease is up
at Red Barn that site will close down and then this site will be over burdened
with lack of parking. Mr. Driscoll – Is
there someway to get more parking spaces?
Mr. Huelsebusch – They can probably get 3 or 4 more spaces but would
require an impervious coverage variance.
Mr. Sullivan – Indicated that
the Board could vote on the use, bifurcate the site plan and we can come back
with maximizing the parking. Mr.
Ackerman – All the testimony is in on site plan and it is concluded. Mr. Sullivan – We are willing to defer the
site plan aspect and come back. Mr.
Ackerman – The board could approve something lesser and the applicant can come
back with an amended site plan. Mr.
Buraszeski – How do we approved a use if we don’t know if there is a detriment
to the public good. Concerned with the
storage space on the 2nd floor that only had access from an outdoor
staircase.
Motion to approve the retail
use variance and variance for parking for 15 spaces instead of 12 where 48 is
required and denial of the site plan, all other waivers and exceptions are also
denied made by: Kanoff; Second by: Moore; Roll call: Yes - Cartine, Kanoff,
Buraszeski, Moore, Marinello; No –
Driscoll & DiPiazza
*NOTE: Mr. Hug enters
TRACK 2
NEW
BUSINESS
ZC2-09 –
Lee, Seungja - B: 14, L: 3 - 24 Rockledge Rd.
– Building coverage of 2,906 s.f. where
2,761 s.f. allowed/impervious coverage of 5,779 s.f.
where 5,522 s.f. for sun room addition
Notice
Acceptable ACT BY: 7/11/09
Present
on behalf of the applicant: Stephanie Lee, applicant
Ms.
Lee – sworn
Currently
over impervious coverage and building coverage.
The front section of our house is supported by columns and is not on the
ground. Currently have small
kitchen/dining room. Difficult for 3
women to cook in small area and have no room for company to eat.
Exhibits
marked in
A1-4 – Photos of existing house
and property
The Sunroom is proposed to go
on top of existing deck. Mr. Denzler -
Building coverage of 2,906 s.f. where 2,761 s.f. allowed; impervious coverage
of 5,779 s.f. where 5,522 s.f. for sun room addition. It is already non-conforming. No additional disturbance to site. Mr. Denzler – Is there any other location on
site for the addition? Ms. Lee –
No. Mr. Huelsebusch – Suggested a condition
that construction traffic only go to the right out of the property. Ms. Lee – Agreed. Mr. Huelsebusch – In my opinion there will be
no additional runoff.
Open
to public – none – closed
Dr. Kanoff – This is
essentially a pre-existing, non-conforming condition. Mr. Marinello – Requested the applicant explain
the status of the adjacent neighbors.
Ms. Lee – Behind us is woods, neighbor to right 80’ away and other
neighbor down the hill. Mr. Cartine – No
increase in building coverage.
Motion to approve,
pre-existing non-conformity, there will be no increase in runoff, no detriment
to neighbors made by: Kanoff; Second by: Driscoll; Roll call: Yes - Cartine,
Hug, Kanoff, Buraszeski, Driscoll, Moore Marinello
TRACK 3
ZC24-08 Potomac Homes – 55
River Rd. – B: 52, L: 64 - variances building
coverage and impervious coverage - construction of an exterior stairwell to
existing structure Notice Acceptable ACT BY: 7/18/09
Present on behalf of the
applicant: Andrew Schildener, Esq.; Benjamin Pearce, President of Potomac Homes;
Jeffery McEntee, AIA
Mr. Schildener – Requesting a
variance for addition to residential group home. Wish to install a covered front porch and
stairwell to existing structure for a chairlift for the residents to go
upstairs.
Mr. Pearce – Reviewed the
property as a class C boarding home for 15 Alzheimer’s/dementia patients. We have 12 homes in the state of New Jersey. It is a 5,600 s.f. building with 8 units
upstairs and 7 units downstairs. 24 hour
staffing with certified home health care aids, a manager and a nurse. A maximum number of employees on site at any
one time are 4. A chair lift is safe,
cost effective and the residents are not enclosed in an elevator
type situation which makes them very nervous.
The residents generally only go upstairs at night. There are 6 parking spaces on site and that
will not be changed with the proposed plan.
Currently the people on the 2nd floor are ambulatory but will
not remain that way. Concerned with
people going up and down stairs safely so the chairlift will be very effective. There will be no change to the number of
residents currently on site.
Jeffery McEntee, AIA – sworn
2 story wood framed building
on a concrete slab. There are 2 sets of
stairs in the existing building. Propose
a new stairwell at the north side to install a chairlift. No change to usage of the site or the
bedrooms that exist. Covered porch
proposed for keeping residents and visitors out of the weather. The existing set of stairs inside the
building is not wide enough to install a chairlift.
Open to public – none
Mr. Denzler – 2,700 s.f.
building coverage permitted 2,942 s.f. proposed; impervious coverage of 6,000
sf. proposed where 5,401 is proposed.
Huelsebusch – There is a design waiver required for parking spaces at 0’
vs 10’ to the building, recommend the overflow shown on the plan directed back
to an area that will not cause erosion.
Mr. Marinello – There is no
planning testimony, do you have enough information to make a decision on this
application? Mr. Denzler – There is no
detriment to zone plan or ordinance or neighboring properties. Mr. Cartine – Did this require variances when
it was built? Mr. Denzler – Impervious
coverage was a variance; building coverage is currently conforming. Mr. Hug – If they didn’t’ have the porch it
would decrease the building coverage.
Mr. Denzler – Yes, but it is simply aesthetic. Mr. McEntee – It is for protection from the
weather and aesthetics.
Closed to public
Motion to approve the
application due to being less than 10% building coverage requested; not for
living space just for access; aesthetics of the building is good; institutional
facility looks like a residence; no detriment to public good, benefits outweigh
any possible detriments made by: Cartine; Second by: Driscoll
Roll call: Yes - Cartine, Hug, Kanoff, Buraszeski, Driscoll, Moore, Marinello
TRACK 4
ZC8-09 Fein,
Jason – 11 Margaret Dr.
– B: 171. L: 5 – variance for minimum lot size of 10,500
s.f.
where 15,000 s.f. required (no change); side yard setback of 7.9’ (no change);
side yard setback of 9’6” (only adding
volume to 2nd floor) where 12’ required; combined sides 17.5’ where
35 Required (no change) Notice Acceptable ACT BY: 7/18/09
Present on behalf of the
applicant: Jason Fein, applicant
Mr. Fein – sworn
Would like to construct an
addition to single family home.
Currently have only 2 bedrooms in the house, our family is
increasing. Propose 3 additional
bedrooms on the 2nd floor.
Tried to locate it in a different area and would not work. Mr. Denzler – Is the deck shown on the plan being
applied for? Mr. Fein – No. Mr. Denzler - Variance for minimum lot size
of 10,500 s.f. where 15,000 s.f. required (no change); side yard setback of 7.9’
(no change); side yard setback of 9’6” (only adding volume to 2nd
floor) where 12’ required; combined sides 17.5’ where 35’ required (no
change). Is the addition consistent with
the neighborhood? Mr. Fein – Yes there
are several large homes in the area. Mr.
Huelsebusch – There is a slight increase in the impervious coverage. Mr. Fein – We have a patio in the rear where
the addition willbe going over so there is no
increase in runoff. Mr. Huelsebusch – If
there is an increase in impervious coverage then a certification may be required
from an engineer that there will be no further runoff.
Open to public – none –
closed
Mr. Buraszeski – How did you start
to build before variance? Mr. Fein – The
builder went ahead and built from the 1st set of drawings not the 2nd
set so everything is on hold until we go through this process. Mr. Buraszeski – It is compatible to the
other homes in the neighborhood. Mr. Hug
– There has been more work done on the home in the last month but to keep the
current state of the building from being damaged.
Motion to approve the
application with certification from an engineer indicating there is no
additional runoff from construction made by: Driscoll; Second by: Moore; Roll call: Yes - Cartine,
Hug, Kanoff, Buraszeski, Driscoll, Moore, Marinello
MINUTES:
Minutes of April 1, 2009 -
Eligible: Buraszeski,
Kanoff, Driscoll, Hug, Cartine, Moore,
DiPiazza, Shirkey, Marinello
Motion to adopt made by: Mr.
Driscoll, Second by: Mr. Buraszeski. Roll call: Yes- Buraszeski, Kanoff,
Driscoll, Hug, Cartine, Moore,
DiPiazza, Shirkey, Marinello
INVOICES:
Pashman Stein – Litigation
for: $5,881.21; $256; $1,151.34; $4,589.08; $911.92; O/E for: $256.25
Bricker & Assoc. – Trust
for: $250, $312.50, $312.50, $875, $312.50, $250, $125, $375, $562.50
Johnson, Murphy – Trust for:
$16
William Denzler & Assoc –
O/E for: $31.25; Trust for: $187.50, $218.75, $31.25, $343.75, $250,
$250, $31.25, $62.50,
$437.50, $218.75
Motion to approve made by:
Dr. Kanoff, Second by: Mr. Driscoll, Roll call: Unanimous
RESOLUTIONS
ZC10-08 Paradise
– 71 Horseneck Rd. – B: 140, L: 1 – front
setback variance 13.75’ VS 50’
for
addition to single family home on corner lot –Approved – Eligible: Buraszeski, Kanoff,
Driscoll, Hug, Cartine, Moore,
Marinello
Motion to adopt made by: Buraszeski; Second by: Driscoll;
Roll call: Yes – Buraszeski, Kanoff, Driscoll, Hug, Cartine, Moore, Marinello
ZC30-06 Ambrose - B: 106, L: 20
– 30 Barney Rd – request for extension of
approvals to 3/5/10 – Granted - Eligible: Hug, Cartine, Kanoff, Buraszeski,
Driscoll, Moore,
Marinello
Motion to adopt made by: Buraszeski;
Second by: Driscoll; Roll call: Yes – Hug, Cartine, Kanoff, Buraszeski,
Driscoll, Moore, Marinello
ZC2-07 Bott, Marilyn – 122 Jacksonville Rd. – B: 28, L: 13 – request for
extension of approvals to 6/6/10 – Granted
Eligible - Hug, Cartine, Kanoff, Buraszeski, Driscoll, Moore, Marinello
Motion to adopt made by: Buraszeski; Second by: Driscoll;
Roll call: Yes – Hug, Cartine, Kanoff, Buraszeski, Driscoll, Moore, Marinello
CORRESPONDENCE
ZC34-06 Voss
- B: 125.2, L: 17 – 2 Craig Ct.
– request for extension of approvals for 6 months to January 5, 2010
Mr. Denzler – There has been
no change to the neighborhood or the zoning.
Motion to grant a 6 month extension to January 5, 2010
made by: Driscoll; Second by: Buraszeski; Roll call: Yes – Hug, Cartine,
Kanoff, Buraszeski, Driscoll, Moore, Marinello
OTHER BUSINESS
NONE
Motion to go into closed session to discuss pending
litigation made by: Driscoll; Second by: Buraszeski; Roll call: Unanimous
Upon return from closed session and there being no
further business the Board unanimously adjourned.
Respectfully submitted,
Jane Grogaard
Recording Secretary
Certified true copy of minutes adopted at Zoning Board
meeting of June 3, 2009.
_______________________________________
Linda M. White,
Sec.
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