UPPER TOWNSHIP ZONING BOARD OF ADJUSTMENT
MEETING AGENDA
MARCH 13, 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.
Stephen Ay William Keaveney
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; Anthony Lauriello, Zoning Officer; Shelley Lea, Board Secretary.
A motion to approve the minutes was made by Mr. Klepac, seconded by Mrs. Bergus, and approved. Abstain: Ay, Keaveney.
Chairman Casaccio read a letter from Daniel J. Young, Esquire, in regards to his resigning as Board Solicitor as of March 1, 2003.
A motion was made by Mrs. Bergus and seconded by Mr. Keaveney, to nominate Dean R. Marcolongo as Board Solicitor. The nominations were closed. Those in favor: Ay, Bergus, Burgin, Conrad, Keaveney, Klepac, Unsworth, Casaccio.
Height variance for a proposed 30 x 40 pole barn and use variance to exceed 10% of the permitted height at 110 Tyler Road, Seaville.
Judith Morin, 110 Tyler Road, Seaville, was sworn in. She is proposing to construct a pole barn in the rear of her property. The proposed barn will have two floors and wood
looking exterior. They plan to plant trees around the barn. She submitted photos of other garages on Tyler Road. The photos were marked as Exhibits A-1, A-2 and A-3. The pole barn will be used for storage. There will not be any plumbing. The location of the barn will not effect the well or septic.
It was determined that the barn does not meet the side yard setback requirement of 50 ft. She agreed to relocate the building 10 ft. so that a variance will not be needed. A waiver of the 200 ft. map is requested.
The meeting was open to the public. Hearing no response the meeting returned to the board for finding of facts.
MR. UNSWORTH Judith Morin, 110 Tyler Road, has made application for a height variance to allow a 30 ft. x 40 ft. pole barn. The proposed building height is 24 ft. where 20 ft. is permitted. The property is a 19.2 acre wooded lot. The structure would not be visible from the road. There are other tall accessory structures in the area. The barn would be aesthetically pleasing with wood exterior. The building will be used for storage. There will be no plumbing or living space. The location will not effect the well or septic. They are requesting a waiver of the 200 ft. map. A height elevation of the structure will be submitted. The structure will be relocated so that it meets the 50 ft. setback. There was no public comment.
MRS. BURGIN The barn will be used to store their boats and other items that are now outside. The property is located in the Conservation zone.
MRS. BERGUS The second floor will keep the footprint smaller and reduce impervious surface.
MR. KEAVENEY The building will be moved 10 ft. so that a side yard setback is not needed.
A motion to grant the use variance and site plan waiver with the standard conditions and that the barn is moved 10 ft., was made by Mrs. Burgin and seconded by Mr. Klepac. Those in favor: Ay, Bergus, Burgin, Conrad, Keaveney, Klepac, Unsworth, Casaccio.
Front yard setback variance for a proposed addition to an existing single family dwelling and a use variance to allow a temporary trailer during construction at 1542 Route US 9 South, Palermo.
George Neidig, Esquire, represented the applicants. He stated that an automobile crashed into the historical house owned by the applicants. They propose to repair the damage and construct a small addition. They are requesting a waiver of the 200 ft. map. A front yard setback is needed to continue the line of the home. They are proposing to live in a trailer on the lot for security purposes.
Richard Reginsburg, 1542 Route US 9 South, Palermo, was sworn in. He testified that a car crashed into his home on December 9, 2002. The house was built in approximately 1710 and the second floor was added around 1800. The dwelling contains rare architectural features and is located close to the road. They are proposing to replace the lean-to on the south side of the house with a 16 x 18 addition with a second floor.
The meeting was open to the public. Hearing no response the meeting returned to the board for finding of facts.
MR. UNSWORTH Richard Regensburg, 1542 Route US 9 South, Palermo, is the owner of the subject dwelling. This is a historical home built in 1710. The addition will be in keeping with the existing dwelling. The applicants propose to preserve as many of the historic architectural features as possible. It is not practical to relocate the house due to the age and the well and septic. The parking will not be affected. The trailer will not be visible from the road.
MR. CASACCIO There was no public comment.
A motion was made by Mr. Unsworth and seconded by Mrs. Bergus, to grant the front yard setback variance and waiver of the 200 ft. map, with the standard conditions. Those in favor: Ay, Bergus, Burgin, Conrad, Keaveney, Klepac, Unsworth, Casaccio.
A motion was made by Mr. Unsworth and seconded by Mr. Keaveney, to grant a use variance to allow a temporary trailer on the property for one year or the time of CO. Those in favor: Ay, Bergus, Burgin, Conrad, Keaveney, Klepac, Unsworth, Casaccio.
A motion to accept the above was made by Mr. Keaveney, seconded by Mr. Unsworth, and approved. Abstain: Ay, Keaveney.
A motion to accept the above was made by Mr. Klepac, seconded by Mr. Keaveney, and approved.
A motion to approve the submitted vouchers was made by Mr. Klepac, seconded by Mr. Keaveney, and approved.
Application is for a use variance and waivers to construct an equipment storage lot without a building at 156 Route 50, Seaville.
Due to a conflict Solicitor Marcolongo stepped down and Arthur T. Ford, III, Esquire, acted as Board Solicitor. Mr. Ay stepped down during discussion and voting on this application.
Mr. Ford stated that this is a continuation of the August 8, 2002 meeting. Mr. Keaveney and Mr. Conrad have both listened to the tape of the hearing and have both signed certifications.
Gary Griffith, Esquire, represented the applicant.
Andrew Schaeffer, Professional Engineer, testified that the applicants are proposing curbing and paved entrance. The property will be heavily buffered with evergreen material and fencing. There is no phasing proposed. The plan has been designed so that the applicant will be able to construct a building in the future. The site will be used to store earthmoving type equipment. There are no bulk variances needed. They are requesting waivers for the landscaped buffers. They are requesting waivers for curb and sidewalks, architectural plan and elevations, to allow concrete instead of asphalt, allow reduced curb radii, and not be required to install irrigation or self-cleaning velocity within storm pipes. He believes the project can be developed without detriment to the master plan or zoning plan.
Robert Breunig testified that the lot would be used for storage of heavy equipment, roll off containers, etc. He described the proposed 6 ft. high green fencing. He has agreed to install 6 ft. high white vinyl fencing along the neighbor to the north. He has also agreed to maintain a 25 ft. setback for the parking area. He will also move the fence 10 ft. and plant the trees along the property line. These changes will be shown on the final plan. The residence in the rear has offered to install a vinyl fence along their property line.
Mr. Schaeffer testified that there are 6 lights proposed. The lights including the entrance will be turned off by 9 p.m. The proposed hours of operation are 6 a.m. until 7 p.m.
Mr. Dietrich suggested consolidating the 2 lots into 1 lot. He also requested that the board address the stacking of containers. The drainage easement must comply with the ordinance revisions in regards to maintenance. Mr. Breunig agreed to the recommendations and testified that the containers will not be stacked any higher than 14 ft. He described the truck cleaning process. They will have electric an irrigation well.
The meeting was open to the public.
William Bailey, owner of Block 453, Lot 170.01, was sworn in. He does not have a problem with the applicant developing the property. He is concerned about the noise and the proposed buffer. He requested that a buffer consisting of a double row of trees be planted along the property line to the rear of his building. He requested that the employee parking be toward his property and the equipment stored toward the middle of the lot.
Hearing no further response the meeting returned to the board for finding of fact.
MR. UNSWORTH Robert Breunig is requesting a use variance for no structure on a commercial lot. The lot will be used as a storage facility for construction equipment. The applicant has presented a plan with revisions and has agreed to make additional revisions to accommodate the board and the neighbors. He feels this is an aesthetically pleasing plan. The applicants engineer and the board engineer will finalize the location of the fence. The site is suited for this particular use since it is on a major highway and will not impact any residential neighborhoods. White vinyl fencing will be used in certain areas to accommodate the neighbors.
MRS. BURGIN There was no testimony outside of 200 ft.
MR. CASACCIO This is an appropriate location for a storage yard due to the high traffic volume on Route 50. They will landscape and fence the property.
A motion to grant the use variance was made by Mr. Unsworth and seconded by Mr. Keaveney. Those in favor: Bergus, Burgin, Conrad, Keaveney, Klepac, Unsworth, Casaccio.
The board was asked for findings in regards to the Site Plan.
MR. UNSWORTH Mr. Breunig is requesting site plan approval and numerous design waivers for an equipment storage site. The lighting, including the sign, will be turned off at 9 p.m. Hours of operation are 6 a.m. until 7 p.m. The applicant has agreed to a deed of consolidation. The fencing and buffering needs to be finalized by the engineers. It has been agreed that irrigation will be installed.
MRS. BURGIN The containers will not be stacked any higher than 14 ft.
MR. CONRAD The applicant has testified that the storage lot will be open at 6 a.m. only on a limited basis and will normally begin operation at 7 a.m.
MR. CASACCIO The applicant will install a double row of trees along the north property line. The trees will stop at the rear of Mr. Baileys structure. The revised plan will show employee vehicle parking along the north property line.
A motion was made by Mrs. Burgin and seconded by Mrs. Bergus, to grant preliminary site plan approval with the standard conditions and that the applicant file a deed of consolidation. Those in favor: Bergus, Burgin, Conrad, Keaveney, Klepac, Unsworth, Casaccio.
Site plan waiver and conditional use variance to convert the use of a previously approved storage facility to a repair garage at 163 Route 50, Seaville.
Gary Griffith, Esquire, represented the applicant.
Robert Breunig, 20 Tyler Road, Seaville and Andrew Schaeffer, P.E., were sworn in.
Mr. Schaeffer testified that the site was previously approved and constructed with the exception of the sign. The applicant proposes to utilize the existing building as a repair shop to service the applicants vehicles and equipment. There will be a small office. The size of the previously approved sign has been reduced from 75 sq. ft. to 35 sq. ft.
Mr. Breunig testified that the hours of operation would be 7 a.m. until 4:30 p.m. A waste oil tank will be installed. They also propose an outside fuel tank. The tank will be shown on the plan.
Mr. Dietrich requested that the applicant submit certification from the health dept. or Mr. Schaeffer verifying that the septic field is sufficient for the proposed use.
The meeting was open to the public. Hearing no response the meeting returned to the board for finding of facts.
MR. UNSWORTH The applicant is Robert Breunig, 163 Route 50, Seaville. There is an existing structure on the property. He is proposing a site plan waiver. There is no expansion of the structure or site proposed. The applicant has reduced the size of the sign to 35 sq. ft. The structure will be used as an office, repair shop and storage. The hours of operation are 7 a.m. until 5 p.m. Septic certification will be submitted. The plan will be revised to show the fuel storage.
MRS. BURGIN There will be a waste oil tank that is emptied twice a month. They are proposing an above ground fuel tank.
MR. CONRAD The applicant is proposing a 425 sq. ft. office.
MR. CASACCIO The proposed sign has been reduced to 5 ft. x 7 ft.
A motion was made by Mrs. Bergus and seconded by Mr. Unsworth to approve the site plan waiver and change of use, with the standard conditions, the plan will be revised to show the location of the fuel tank and a certification will be submitted in regards to the septic. Those in favor: Bergus, Burgin, Conrad, Keaveney, Klepac, Unsworth, Casaccio.
A motion to go into closed session to discuss pending litigation was made by Mrs. Burgin, seconded by Mrs. Bergus, and approved.
A motion to adjourn the meeting was made by Mr. Unsworth, seconded by Mrs. Burgin, and approved. The meeting was adjourned at approximately 10:30 p.m.
Submitted by,
Shelley Lea
Board Secretary