UPPER TOWNSHIP ZONING BOARD OF ADJUSTMENT
MEETING MINUTES
JUNE 12, 2003
The regular meeting of the Upper Township Zoning Board of Adjustment was held at the Township Hall, 2100 Tuckahoe Road, Petersburg, New Jersey at 7:30 p.m. The Chairman advised of the meetings compliance with the Open Public Meeting Notice. Everyone saluted the flag.
A. ROLL CALL: The following board members were present:
Stephen Ay Jeffrey Pierson Elizabeth Bergus Ted Klepac Mary Jean Burgin Matthew Unsworth Frank Conrad Paul Casaccio
Also in attendance were Dean Marcolongo, Board Solicitor; Paul Dietrich, Board Engineer; Shelley Lea, Board Secretary.
B. APPROVAL OF THE MAY 8, 2003 MEETING MINUTES:
A motion to approve the minutes was made by Mrs. Bergus, seconded by Mr. Klepac, and approved. Abstain: Ay, Pierson.
C. TABLED APPLICATIONS:
1. NATHANIEL ROBERTS BLOCK 693, LOT 9:
This application has been tabled until the next meeting scheduled for July 10, 2003 at 7:30 p.m. The applicants agreed to waive the time in which the board has to act on the application. No further notice is required.
D. APPLICATIONS:
1. ROBERT BREUNIG BLOCK 453, LOTS 170.02 & 171.04 BA 04-02:
Applicant is requesting amended preliminary approval and final site plan approval to construct an equipment storage lot at 156 Route 50, Seaville.
Dean Marcolongo stepped down during this application and Arthur T. Ford, III, Esquire, acted as Board Solicitor.
Gary Griffith, Esquire, represented the applicant. The applicant was previously granted a use variance and preliminary site plan approval.
Andrew Schaeffer, P.E. and Robert Breunig, 20 Tyler Road, Greenfield, were sworn in. Mr. Schaeffer reviewed the changes to the plan. None of the proposed revisions create any variances. The applicant is now proposing a wood fence along Route 50 as opposed to the white vinyl fence that he previously agreed to install. The white vinyl fence will remain along the property line to the north and west. They are also proposing to install vinyl coated chain link fencing. He described the proposed changes to the vegetation. There are 4 lights proposed on the site. The lights will be distinguished at 9 p.m.
Mr. Breunig testified that the price of the vinyl fence and the vegetation would be in excess of $40,000. He plans to construct a building on the site in the near future.
Mr. Dietrich suggested the applicant create landscaped areas outside the fence. More trees may be needed along the southern property line.
Mr. Breunig agreed to use white vinyl fencing along Route 50 and to install 4 landscaped areas.
The meeting was open to the public. Hearing no response the meeting returned to the board for finding of fact.
MR. UNSWORTH Robert Breunig, owner of Block 453, Lots 170.02 and 171.04 is requesting amended site plan approval. They have presented minor changes to the previously approved preliminary approval. The revisions as proposed and reviewed by the engineer have been found acceptable. Revisions to the plan include the change to a wood fence proposed along Route 50 will be vinyl and the landscape buffer in the front yard will have 4 beds. There was no public comment. Conditions of approval will be the consolidation of the lots, submit site plan inspection escrow fee and revised drainage calculations.
MRS. BURGIN The trees and sod will remain along with the irrigation.
A motion was made by Mr. Klepac and seconded by Mrs. Burgin, to grant revised preliminary site plan and final site plan with the standard conditions and that the lots are consolidated, plans are revised, inspection fees are submitted and drainage calculations are revised. Those in favor: Bergus, Burgin, Conrad, Klepac, Unsworth, Pierson, Casaccio.
2. KENNETH & JESSICA WEAVER BLOCK 841, LOT 13 BA10-03:
Application for side yard setback variance to expand the second floor of their residence located at 212 Bayview Drive, Strathmere.
Solicitor Marcolongo rejoined the board. Mrs. Bergus stepped down during discussion and voting on this application.
Kenneth Weaver, 1415 Allen Lane, West Chester, Pa, was sworn in. He testified that his residence was destroyed by fire. They propose to rebuild the structure within the same footprint. They are asking to reconfigure the roof-line to create more room inside the house.
Mr. Dietrich stated that the applicants were previously granted a height variance. He recommends that the applicant be required to submit an as built survey for location of the building and roof peak survey.
The meeting was open to the public. Hearing no response the meeting was closed to the public and returned to the board for finding of fact.
MR. UNSWORTH The applicants are the owners of Block 841, Lot 13 also known as 212 Bayview Drive, Strathmere. Their home was damaged by fire. They wish to rebuild utilizing the same footprint with some minor changes to the second floor. They are requesting a side yard setback variance. The applicants previously received a height variance and would be permitted to rebuild the house at the same height. An as built survey will be required. The septic has been certified by the County and will be suitable after some minor repairs are done. There was no public comment.
MRS. BURGIN The applicant has received CAFRA approval.
A motion was made by Mr. Unsworth and seconded by Mr. Conrad, to approve the variance with the standard conditions and that an as built survey is submitted to verify the height and location of the dwelling. Those in favor: Ay, Burgin, Conrad, Klepac, Unsworth, Pierson, Casaccio.
3. DAVID STEWART BLOCK 15, LOT 6 BA 36-02:
Application for a front yard setback variance to construct a porch onto an existing residence at 275 Marshallville Road, Tuckahoe.
David Stewart, 275 Marshallvill Road, was sworn in. He testified that he has already constructed the porch not knowing that it required a zoning and construction permit. He removed the original porch and replaced it with a porch and a roof. The porch does not encroach any further into the setback than before. He feels the new porch improves the appearance of the structure and is a benefit to the community. The setback is compatible to a majority of the homes on the road. He submitted photos of the house, the porch and the neighborhood.
The meeting was open to the public. Hearing no response the meeting returned to the board for finding of fact.
MR. UNSWORTH David Stewart is the owner of 275 Marshallville Road. He is requesting a front yard setback variance. The applicant replaced an existing front porch.
The porch does not encroach any further into the front yard. The applicant has been cited and fined for replacing the porch without a permit. The current setback is consistent with other structures in the neighborhood. The new porch improves the appearance of the home. The applicant will obtain a building permit. There was no public comment.
MR. KLEPAC The applicant did not realize that he needed a permit for the porch.
MRS. BURGIN The porch fits in with the neighborhood. The applicant has made many repairs to the building.
MRS. BERGUS The porch will not be enclosed. The setback is compatible to other homes in the neighborhood.
A motion was made by Mrs. Bergus and seconded by Mr. Unsworth, to grant the variance with the standard conditions and that a building permit is obtained. Those in favor: Ay, Pierson, Bergus, Burgin, Conrad, Klepac, Unsworth, Casaccio.
E. RESOLUTIONS:
1. NEXTEL COMMUNICATIONS BLOCK 599, LOT 28 BA 08-03:
A motion was made by Mr. Unsworth and seconded by Mrs. Bergus, to adopt the resolution. Abstain: Ay, Pierson, Casaccio.
2. SCOTT DEVELOPMENT BLOCK 549, LOTS 52 & 54 BA 33B-02:
A motion was made by Mrs. Bergus and seconded by Mrs. Burgin, to adopt the resolution. Abstain: Ay, Pierson.
3. SCOTT DEVELOPMENT BLOCK 549, LOTS 52 & 54 BA 09-03:
A motion was made by Mr. Unsworth and seconded by Mrs. Bergus, to adopt the resolution. Abstain: Ay, Pierson.
APPLICATIONS CONTINUED:
4. SCOTT DEVELOPMENT, LLC BLOCK 549, LOTS 52 & 54 BA 16-03:
Application is for final approval of an 8 lot major subdivision on proposed Magnolia Court in Palermo.
Mr. Ay stepped down during discussion and voting on this application.
Jules Konschak, Esquire, represented the applicant. The applicant received preliminary approval on 5/8/03. They have relocated proposed Magnolia Court so that it is along adjoining lot 51.
Mr. Dietrich recommended that the applicant submit a performance bond is submitted prior to filing the plat. He also recommends conditions B through D on the preliminary resolution should continue.
The meeting was open to the public.
David Hand, 1342 Stagecoach Road, Palermo, was sworn in. He had questions in regards to the drainage.
Vincent Orlando, P.E., was sworn in. He answered some of Mr. Hands questions.
Diane Hand, 1342 Stagecoach Road, Palermo, was sworn in. She asked that the existing vegetation remain and not be grass as indicated on the plan. She is concerned about who will maintain and cut the grass.
Jack Singer, 6 Meghan Lane, Seaville, asked questions about reserve strips.
Hearing no further response the meeting returned to the board for finding of fact.
MR. UNSWORTH The applicant is Scott Development LLC, Block 549, Lots 52 & 54 also known as 1346 Stagecoach Road. They are requesting final subdivision approval. The township engineer has stated that the plat meets the map filing law. Conditions of approval would include conditions B through D on the previous resolution would remain, the performance bond will be submitted and the standard conditions.
A motion was made by Mr. Unsworth and seconded by Mr. Conrad, to approve the application with the condition that the performance bond is submitted, conditions B through D continue and the standard conditions. In favor: Bergus, Burgin, Conrad, Pierson, Klepac, Unsworth, Casaccio.
5. JOHN JAMES GERMANIO AND PAUL GERMANIO BLOCK 453, LOT 240 AND UNKNOW LOT BA 13-03:
Request for an interpretation of the zoning map in the area of Meghan Lane, Seaville.
Jules Konschak, Esquire, represented the applicant.
Vincent Orlando, P.E., was sworn in. He testified that the survey dated 11/21/02 shows a number of woods roads. The survey is different than the tax maps. A copy of the tax map was marked as Exhibit A-1. The tax map shows that lot 240 is 14.7 acres and the survey shows it as 133.88 acres. A copy of the zoning map was marked as Exhibit A-2. There is no physical description of the zone line. He referred to the land use ordinance, section 20-3.1. He also read from the Cox book. His opinion is that it was the intent that the zone division line would follow Townsends Causeway.
Mr. Dietrich referred to zoning maps from different years. He believes the angle point is along the northern corner of lot 245.15. He does not feel the zone line runs along the woods road.
John James Germanio, Hands Mill Road, Belleplain, was sworn in. He owns the property with his son. He has owned the property since 1978. He stated that if you overlay the current zoning map over the 1976 zoning map they are the same. He believes the zone line follows Townsends Causeway.
The meeting was open to the public.
Jack Singer, 6 Meghan Lane, Seaville, was sworn in. He had questions in regards to the survey and zone line.
Christine Frenkel, 3 Meghan Lane, Seaville, was sworn in. She had questions in regards to the application.
Hearing no further comments the meeting returned to the board for finding of fact.
Solicitor Marcolongo stated that all the exhibits referred to by Mr. Orlando will be marked into evidence.
Mr. Konschak stated that since further information is required for the board to make a determination they request to table the application until July 10, 2003. No further notice is required.
F. BILLS:
A motion to pay the bills was made by Mr. Klepac, seconded by Mrs. Bergus, and approved.
G. EXECUTIVE SESSION:
A motion to go into closed session to discuss pending litigation was made by Mr. Klepak, seconded by Mrs. Bergus, and approved.
H. ADJOURNMENT:
A motion to adjourn the meeting was made by Mr. Ay, seconded by Mr. Unsworth, and approved. The meeting was adjourned at 11:00 p.m.
Submitted by,