EAST AMWELL
ZONING BOARD OF ADJUSTMENT - MINUTES
Municipal Building – 7:30 PM
March 11, 2008
Call to order and compliance with the Open Public
Meetings Act
The regular meeting of the
Board of Adjustment was called to order at 7:30 PM on March 11, 2008 in the
Main Meeting Room of the Municipal Building, 1070 Route 202/31, Ringoes, NJ by
Vice Chair Gloria Frederick.
In compliance with the Open
Public Meetings Act, the Administrative Officer announced this was a regularly
scheduled meeting pursuant to the Annual Meeting Notice as published in the
January 17, 2008 issue of the Hunterdon County Democrat, filed in the Township
Clerk’s Office, and posted on the Bulletin Board on March 4, 2008.
Roll Call and Agenda Review
Present: Sherrie Binder
Gloria Frederick – Vice Chair
Gael
Gardner
Paul
Gavzy
Sue
Posselt
Kendra
Schroeder
Amy
Zambrowski – Alt. #1
Anne
Williams – Alt. #2
Engineer
Dennis O’Neal
Planner
Frank Banisch
Absent: Nancy Cunningham – Chair
Presentation of Minutes
A motion by Paul Gavzy,
seconded by Sherrie Binder to approve the minutes from 1/8/08 was unanimously approved
with no revisions noted.
Presentation of Bills for Payment
A motion by Gael Gardner,
seconded by Paul Gavzy to approve the vouchers for payment as listed on the agenda
was unanimously approved.
Vice Chair Frederick noted
that the correspondence will be dealt with as it comes up over the course of
the meeting.
Applications to be Deemed Complete or Incomplete
No applications were
presented for completeness.
Applications for Public Hearing
Giulio Cifelli – AJ-07-07 – Block 35.01 Lot 33.03 – 95 Lindbergh Road, Hopewell
A motion by Sherrie Binder,
seconded by Sue Posselt to carry this application to the Board’s April 8, 2008
agenda for public hearing was unanimously approved. It was noted that Mr.
Cifelli will not have to re-notice for this hearing.
East Amwell Township Board of Adjustment Minutes –
March 11, 2008
Hunterdon Storage – AJ-07-09 – Block 14.02 Lot 28.03 – Route 202, Flemington
Present for this application
was Attorney Walter Wilson on behalf of the applicant John Aldrich of Hunterdon
Storage and the applicant’s Planner Ken Baill. Attorney Waterbury swore all of
the witnesses in, including the Board’s Engineer Dennis O’Neal and Planner
Frank Banisch.
Attorney Wilson explained the
property is 9.98 acres in the Township’s Highway Office Zone. The applicant is
proposing to bifurcate the application. If the requested variance relief is
granted, then the applicant will return with a full site plan.
The applicant presented two
proposals: The first is to add two additional storage buildings to the existing
6 structures on the property. The buildings would be 30’ x 300’ and 20’ x 330’
totaling 13,200 sq. ft. of additional storage space. This proposal requires a
use variance for the expansion of the existing non-conforming use and also a
bulk variance for impervious coverage. The maximum allowed coverage is 25% and
this proposal increases the impervious coverage to a total of 32.2%. It was
noted this first proposal is preferred by the applicant.
The second proposal, or
alternative plan, would be to add a second story to three of the existing
buildings. Attorney Waterbury pointed out that the ordinance states “one story
structures are preferred.” Attorney Wilson commented that the storage
facilities are 8’ 6” high and while the objective of the ordinance is single
story structures, the buildings on this property would be under the height
limit which, technically, is not specified by the number of “stories” a structure
has. Additionally, it was noted that this proposal would only require a use
variance for the expansion of the existing non-conforming use. No variance
would be required for impervious coverage.
Attorney Wilson addressed
Planner Baill. The Board accepted Planner Baill as an expert to provide
testimony on this application. Planner Baill presented Exhibit A-1: A site plan page from the submitted application
showing the 6 existing buildings with three structures as two-story facilities.
Exhibit A-2: A site plan page from
the submitted application showing the 2 new proposed structures was also
presented. Planner Baill reviewed Engineer O’Neal’s report and stated he had no
issues with it. He then went on to explain the layout of the property noting
the stone wall in the front of the facility shields the structures from public
view. Planner Baill commented that the 50’ wetlands buffer on the property
would not be disturbed. There will be no expansion to the parking or
administrative office areas, and no change to the signage currently being used
at the facility. Any additional lighting for the proposed new buildings will be
shielded, 70 watt high pressure sodium bulbs which conform to the existing
lighting at the facility.
There was some discussion
regarding Stormwater Management regulations. The second story proposal would
not trigger any stormwater regulations, but the proposal for the two additional
structures on the lot, would. The applicant stated he would agree to have the
stormwater regulations applied to his entire lot and not just the new building
area as a condition of approval.
Engineer O’Neal noted the
importance of the stormwater regulations. Planner Banisch commented that the
positive and negative criteria associated with the requested variances needed
to be addressed.
East Amwell Township Board of Adjustment Minutes –
March 11, 2008
Attorney Wilson stated that
they were aware they needed to satisfy the positive and negative criteria and
said, “The site is an existing, developed and in use storage facility—the only
one in this particular zoning district and in this area of East Amwell
Township. The site is a lawful use...the existing structures are also lawfully
existing upon the property. The site is very particular...it is already functioning
as a mini-self storage facility. The site is already improved with the six
buildings in a cooperative manner with the Township as evident through the
earlier Resolutions so as to lesson the visibility of same from the public
roads. Topographically, the site falls away from Route 202. The building color
is designed to lesson the visual impact, and the large wall built along the
highway frontage also serves to lesson the visual impact offsite. We believe
that satisfies the particular case aspects.”
Attorney Wilson addressed the
special reasons aspect of expanding the non-conforming use. He stated that he
believed they satisfied the criteria listed in the MLUL based upon their
testimony and the proposed plans they presented. Attorney Wilson specifically
noted, “This is an already developed parcel and it is a low impact, low
intensity use. There is minimal traffic to and from the site...the low height
buildings are consistent with the single story intention...the site does
provide a valuable and convenient asset to the community...expansion also
provides additional ratable value to the property while still maintaining its
low impact, low visibility attraction...it is an appropriate location...to
expand...while still respecting the area, yard, setback and bulk
requirements...”
Attorney Waterbury commented
that Attorney Wilson referred to section 92-87(D) regarding the expansion of
non-conforming uses in the Township code and she read it for the record, “A
non-conforming use may have the gross floor area expanded by not more than 25%
of the gross floor area that existed June 1, 1979 except that such expansion
shall only be permitted if the most restrictive yard requirements, building
coverage and off street parking requirements can be met for the use, or a similar
use, as set forth in a district where the use is permitted.” Attorney Waterbury
commented that based on that it is her opinion that it does not apply to this
particular situation. She stated the use is before the Board because of a previously
granted variance and the resolution that was memorialized specifically stated
any expansion of the use could only occur by way of further permission of the
Board of Adjustment.
It was determined that the
hours of operation are public access from 7 AM – 8 PM everyday, with the office
being opened from 8:30 AM – 4:30 PM Tuesday – Friday and 9 AM – 3 PM on
Saturday.
Mr. Gavzy asked how many
customers were East Amwell residents. Mr. Aldrich stated he thought about 75%.
Ms. Binder read the site
review report for the record. A copy of which is attached.
Ms. Binder asked what the
area of the additional blacktop pavement would be for the two new buildings.
Engineer O’Neal calculated the area to be approximately 13,500 sq. ft.
Ms. Gardner commented that
the way the water was sheeting over the back macadam when she reviewed the site
was “impressive.” She noted it was flooding right into the detention basin. Engineer
O’Neal commented that it may be beneficial to change the design of the
detention basin in an effort to infiltrate some of the flowing water as long as
the land is able to accept the volume of water. He cautioned that it is the soils
in that area that will determine how well the infiltration would work.
East Amwell Township Board of Adjustment Minutes – March
11, 2008
Ms. Posselt commented that
she wasn’t sure why new facilities were needed if the current site wasn’t occupied
to capacity.
* * * * * * * * * * * * * * *
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
* *
The Board took a 4 minute recess from 9:07 PM – 9:11
PM.
* * * * * * * * * * * * * * *
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
* *
Mr. Gavzy asked how many new
units would be in the new structures. The applicant’s professionals responded
that there would be 69 new units. Mr. Aldrich stated they currently have 330
units. He explained there is a need for 10’ x 20’ units and that is the size
they are sold out of. The new buildings would consist primarily of 10’ x 20’ units.
Mr. Aldrich also noted that
about 15-20 cars per day come to the site through the week and approximately 30
cars per day on the weekends come and go.
A motion by Paul Gavzy,
seconded by Gael Gardner to open to the public was unanimously approved.
Les Hamilton of 23 High
Mowing Road in Ringoes came forward and stated that the Township Ordinances
should be followed and the applicant should be encouraged to develop within the
confines of the ordinance.
Toni Robbi of Route 518 in
East Amwell came forward and stated he is a member of the Environmental
Commission site review committee and he confirmed that they did review the site
and said he would be happy to answer any questions the Board may have about the
Commission’s report. He pointed out that the Commission was concerned that the
plans did not show any measures to improve the onsite recharge. Mr. Robbi also
commented that there is another storage facility about a mile away up Route 31
in West Amwell.
Frances Gavigan of 123
Wertsville Road came forward and also noted the other storage facility up the
road and suggested the idea of trying to reconfigure the unused units that
currently exist at the present site.
A motion by Gael Gardner,
seconded by Sue Posselt to close to the public was unanimously approved.
Ms. Posselt expressed concern
again, about the existing facility not being full to capacity and also noted
that Mr. Aldrich had another facility 5 miles away with available storage
units. Mr. Aldrich stated he was losing customers in this area because people
like to store their belongings close to home.
Vice Chair Frederick asked if
it was possible to reconfigure the unused units in the existing buildings to
meet the demand for the 10’ x 20’ storage spaces. Mr. Aldrich indicated that
the unused spaces were scattered throughout the facility and the idea was not
practical.
Attorney Waterbury clarified
exactly what the applicant is requesting. She stated the D2 variance applies to
both proposals in order for the applicant to expand the existing use and he
requires a C variance to exceed the impervious coverage.
East Amwell Township Board of Adjustment Minutes –
March 11, 2008
Vice Chair Frederick asked
Engineer O’Neal if he had suggestions on how to reduce the impervious coverage.
Engineer O’Neal suggested the use of porous pavement and also commented that
one new structure could be built instead of two.
Attorney Wilson stated that
his client would be willing to put conditions on the possible approval which
would include the use of porous pavement, providing additional landscaping to
incorporate meadow grasses, allow the stormwater regulations to be applied to
the entire site and to accept the suggestions made in the Environmental
Commission report.
Ms. Posselt and Ms. Gardner
indicated they would feel better about the expansion of use if it only entailed
one new structure at the site instead of two. Attorney Wilson responded that
one structure would be the same as denying his clients request and they
probably wouldn’t proceed if only one new structure was approved.
A motion by Paul Gavzy was
made to deny the application. The motion failed for lack of a second.
A motion by Gael Gardner,
seconded by Sue Posselt to approve one new structure on the site with the
conditions that porous pavement be used, stormwater regulations are applied to
the entire site, the detention basin is redesigned, the suggestions made by the
Environmental Commission be implemented and a deed restriction prohibiting any
further expansion of the storage facility be created was made. The motion
failed for lack of the 5 affirmative votes needed for a D2 variance.
Roll Call Vote:
Gael Gardner: Yes, Sue Posselt: Yes, Sherrie Binder: No, Gloria Frederick: Yes,
Paul Gavzy: No, Kendra Schroeder: No, Amy Zambrowski: Yes.
Planner Banisch and Engineer
O’Neal left the meeting at this time, 9:45 PM.
New Business
Approval of Resolution – Extension of Time to Secure a
Building Permit:
William and Wendy Sporman – Block 34 Lot 21.02
A motion by Kendra Schroeder,
seconded by Gael Gardner to approve the extension of time to secure a building
permit in the matter of William and Wendy Sporman Block 34 Lot 21.02 was made
and unanimously approved.
Roll Call Vote:
Kendra Schroeder: Yes, Gael Gardner: Yes, Sherrie Binder: Yes, Gloria
Frederick: Yes, Paul Gavzy: Yes, Sue Posselt: Yes, Amy Zambrowski: Yes.
Approval of Resolution and Contract for Professional
Services Agreement –
Attorney Steve Goodell, re: Conflict Counsel –
Clemente application – Block 33 Lot 12
A motion by Paul Gavzy,
seconded by Sherrie Binder to approve the resolution and professional services
contract for Attorney Steve Goodell was made and unanimously approved.
Roll Call Vote:
Paul Gavzy: Yes, Sherrie Binder: Yes, Gloria Frederick: Yes, Gael Gardner: Yes,
Sue Posselt: Yes, Kendra Schroeder: Yes, Amy Zambrowski: Yes.
2007 Year End Report to the Planning Board
The Zoning Board members
reviewed the report and gave it their blessing to be sent along to the Planning
Board.
East Amwell Township Board of Adjustment Minutes –
March 11, 2008
Open to the Public
A motion by Sherrie Binder,
seconded by Kendra Schroeder to open to the public was unanimously approved.
There being no public present, a motion by Sherrie Binder, seconded by Gael
Gardner to close to the public was unanimously approved.
Comments of the Board Members
Administrative Officer
Andrews requested the Board change their regularly scheduled November 11, 2008
meeting to November 17, 2008 because the 11th is Veteran’s Day and
the offices will be closed. The consensus of the Board was to change the
meeting to the 17th. Ms. Andrews noted she will notice the change.
Attorney Comments
Attorney Waterbury notified
the Board that Mr. Maier had withdrawn his pending lawsuit against the Board.
A motion by Sherrie Binder,
seconded by Gael Gardner to adjourn was unanimously approved.
The meeting adjourned at 10:00
PM.
________________________________
Maria Andrews, Administrative
Officer