A regular meeting of the Board of
Adjustment of the Township of Roxbury was held on the above date with Vice
Chairman Mark Crowley presiding. After a salute to the Flag, Mr. Crowley read
the “Open Public Meetings Act”.
BOARD MEMBERS PRESENT: Mark
Crowley, Joyce Dargel, Robert Kurtz, Barbara Kinback, John Wetzel, Edward Data,
Peter Giardina.
ABSENT: Gail Robortaccio,
Sebastian D’Amato
PROFESSIONAL STAFF PRESENT:
Larry Wiener, Russell Stern.
Also present: Dolores DeMasi,
Board Secretary
Minutes of 5/14/07
Ms. Dargel made a motion to
approve the minutes. Ms. Kinback seconded.
Roll as follows: Ms. Dargel,
yes; Ms. Kinback, yes; Mr. Giardina, yes; Mr. Data, yes; Mr. Wetzel, yes; Mr.
Crowley, yes; Mr. Kurtz, yes.
Minutes of 6/11/07
Discussion.
Ms. Dargel made a motion to carry
the minutes to 9/10/07. Ms. Kinback seconded. A voice vote approved.
Minutes of 7/9/07
Ms. Dargel made a motion to
approve the minutes. Ms. Kinback seconded.
Roll as follows: Ms. Dargel,
yes; Ms. Kinback, yes; Mr. Giardina, yes; Mr. Data, yes; Mr. Wetzel, yes; Mr.
Kurtz, yes; Mr. Crowley, yes.
RESOLUTIONS
BA-07-07 – WOODMONT REALTY –
SITE PLAN FOR WAREHOUSE/OFFICE LOCATED ON RT. 46, BLOCK 9603, LOT 3 & 4 IN
OB ZONE
Carried to 9/10/07
BA-07-39 – DANIEL SICSKO –
VARIANCE FOR ADDITION LOCATED ON GORDON RD. BLOCK 12802, LOT 5 IN R-2 ZONE
RESOLUTION OF
FINDINGS AND CONCLUSIONS
BOARD OF
ADJUSTMENT
TOWNSHIP OF
ROXBURY
RESOLUTION
WHEREAS,
the Board, after carefully considering the evidence presented by the applicant
and having conducted a public hearing has made the following factual findings:
- The
applicants are the owners and occupants of the single-family home on site.
- The
house is a 960 square foot home with a walkout basement. The present home
is considered two stories.
- The
existing home is located 25.1’ from the front yards. The added floor
would result in an additional 1’ relief for cantilever – 24’.
- Applicant
received a letter of denial dated 5/29/07 from Tom Potere, the Zoning
Officer.
- The
applicant’s proposal results in the need for two variances:
- Front
yard setback relief – 25.1’ existing, 24’ proposed, 50’ required
- Building
Height – relating to number of stories – 2 ½ stories permitted, 2 stories
existing, 3 stories proposed
- The
applicants presented exhibit A-1 which was an informal floor plan of the
upper level of the home. The applicant’s also produced some photographs
of the neighborhood to demonstrate the general housing types in this area
of the Township. The applicants also submitted a set of drawings
depicting the proposed finished elevations and interior of the home. They
noted the addition, when constructed, would be done in phases.
WHEREAS,
the Board has determined that the relief requested by the applicant can be
granted without substantial detriment to the public good and without
substantially impairing the intent and purpose of the Zone Plan and Zoning
Ordinance of the Township of Roxbury for the following reasons:
- The
Board finds several built-in hardships peculiar to the subject premises:
- The
existing home at 960 square feet is undersized for the residential
housing type contemplated in the R-2 Zone
- The
subject premises are almost pie shape – this is a long, narrow lot 125’
wide on Gordon Road and going back on average 500’ to the rear. The
useable portion of the property is in the location where the applicant’s
present home is located.
- The
relief for a setback variance is primarily triggered by the 1’ additional
cantilever to the addition. Same is minimal. The requested relief for
number of stories relates to the fact that the existing lower level, which
is utilized as a basement, has a “walk-out” feature and thus, constitutes
an additional floor.
- Viewing
the premises from Gordon Road, same will appear to be a normal 2-½-story
home, which will comply with the height ordinance.
- Granting
the variances brings this home into conformity with the housing stock in
the area and will provide an aesthetic upgrade both to the home and the
entire neighborhood.
NOW,
THEREFORE, BE IT RESOLVED by the Board of Adjustment of the Township of
Roxbury on the 9th day of July, 2007 that the approval of the within
application be granted subject, however, to the following conditions:
- House
is to remain a single-family home.
- Applicant
is specifically reminded of the general Township Ordinances and the Zoning
Code in reference to the on-site storage of non-passenger vehicles.
- Addition
to be sized and located as depicted on the plot plan attached to the
application. Front yard setback to be no less than 24’ and number of
maximum stories 3, as requested.
Ms. Kinback made a motion to
approve the resolution. Mr. Giardina seconded.
Roll as follows: Ms. Kinback,
yes; Mr. Giardina, yes; Ms. Dargel, abstain; Mr. Kurtz, yes; Mr. Crowley, yes.
BA-07-38 - KENVIL ASSOCIATES – CERTIFICATION OF NONCONFORMING USE FOR
WAREHOUSE/LIGHT MANUFACTURING LOCATED ON HOWARD PL. BLOCK 8901, LOT 9 IN OR
ZONE
RESOLUTION OF FINDINGS AND CONCLUSIONS
BOARD OF ADJUSTMENT
TOWNSHIP OF ROXBURY
RESOLUTION
Approved: July 9, 2007
Memorialized: August 13, 2007
WHEREAS,
the Board, after carefully considering the evidence presented by the applicant
and having conducted a public hearing has made the following factual findings:
- Heather
Darling, Esquire represented the applicant.
- The
applicant is the owner of the subject premises. The building was built in
1982 and has been utilized as a light manufacturing/warehouse use since
that time.
- The
premises were formerly zoned “I-5” light manufacturing/warehouse use and
the premises were subsequently and are presently zoned OR-5 office
research use.
- The
applicant’s testified that the structure on-site is 27,500 square feet and
divided into three (3) sections 10,000, 10,000 and 7,500 square feet. The
ceiling heights of the existing building are 17-23 feet and each of these
areas contains an overhead drive-in door or tailgate-loading door. The
applicant stated, when constructed, the structures were specifically
designed for light manufacturing and warehouse in accordance with the then
I-5 zoning for the site.
- Attached
to this resolution, as an exhibit, is the applicants tenant history, which
demonstrates a continuing use of the premises as warehouse distribution
light manufacturing since 1982.
- Jeneane
Farinella provided the testimony to the Board. Ms. Farinella is a member
of the LLC, which owns the premises. Her testimony was substantially
along the lines of the 4/11/07 letter, which was submitted with the
application. Same was marked A-1 in evidence.
WHEREAS, the Board has
determined that based upon the testimony of the applicant, as well as observations
of several Board members who were familiar with this site, the Board finds that
the use of the site as warehouse/light manufacturing use as a valid
non-conforming use. The Board makes no finding as to any site plan issues or
as to any prospective specific tenancies other than noting the tenant history
provided by the applicant and the overwhelming proof that the premises have
continuously been used for warehouse and light manufacturing.
Mr. Kurtz made a
motion to approve the resolution. Mr. Giardina seconded.
Roll as follows: Mr. Kurtz, yes; Mr. Giardina, yes; Ms.
Kinback, yes; Ms. Dargel, abstain; Mr. Crowley, yes.
RESOLUTION OF FINDINGS AND CONCLUSIONS
BOARD OF ADJUSTMENT
TOWNSHIP OF ROXBURY
RESOLUTION
Approved: July 9, 2007
Memorialized: August 13, 2007
WHEREAS,
the Board, after carefully considering the evidence presented by the applicant
and having conducted a public hearing has made the following factual findings:
- The
applicants are purchasers under contract of the subject premises.
- The
premises are located at the corner of Eyland Avenue and Hillside Avenue.
- The
premises are presently utilized as a private residence and home office for
a chiropractor. The premises were also used as a private residence and a
dental office prior to the present utilization as a private residence and
chiropractic office.
- Applicant
received a letter of denial dated 6/15/07 from Tom Potere, the Zoning
Officer.
- The
applicants are proposing to locate their service business “ComForcare
Senior Services” which is presently located in Boonton as a home business
in the subject premises. The applicants were thus seeking approval from
the Zoning Board of Adjustment for a conditional use variance in
accordance with NJSA 40:55D-70d(3) of the Municipal Land Use Law. Section
13-7.1001A of the Township Ordinance establishes home businesses as a
conditional use in the R-1 Zone. Section 13-7.3501J of the Township
Ordinance specifies the parameters for a home business.
- The
applicant’s proposal results in a deviation from the limitation on number
of employees that do not reside in the dwelling. The Ordinance permits a
maximum of one (1) employee and the applicant’s stated that they could
have as many as five (5) employees (non-residence of the home) on site at
any given time.
- The
applicant’s stated the hours of work would be 8:00 AM through 5:00 PM
Monday through Friday. They reviewed each of the other standards set
forth in the Township Ordinance and stated they would be complying with
each of those standards. Those standards are set forth below:
- The
conduct and operation of the home business shall not adversely affect the
safe, comfortable enjoyment of property rights by adjoining landowners.
- Such
business shall be contained entirely within the residential structure on
the premises and shall not exceed twenty-five (25%) percent of the total
floor area of the structure or four hundred (400) square feet, whichever
is less.
- Retail
sales, manufacturing, processing and fabrication are prohibited.
- More
than one (1) employee that is not a resident of the dwelling is
prohibited.
- A
minimum of two off-street parking spaces and a maximum of four off-street
parking spaces excluding garage, shall be provided. Parking spaces shall
be arranged in tandem. Formal parking lots are prohibited.
- The
design of any building must conform to the residential character of the
area.
- No
sounds shall be audible outside the building.
- The
hours of operation shall be limited to the hours of 8:00 a.m. to 9:00
p.m.
- Tractor
trailer deliveries are prohibited.
- The
conditional use approval shall terminate with any change in ownership of
the property.
- The
applicant’s business would be essentially a service business. The
business use would take place on the first floor within the area that was
formerly the dental/chiropractic use.
- The
applicant’s noted that there were seven (7) exterior parking spaces
provided on-site. The applicant’s stated it was not likely that they
would be dealing with members of the general public and that deliveries
would consist of FedEx/UPS type trucks.
- The
applicant submitted a comprehensive booklet with the application and the
exhibits from that booklet are referenced herein.
- Several
adjoining property owners testified and expressed their concerns about any
change bringing a commercial type element into this residential area.
WHEREAS,
the Board has determined that the relief requested by the applicant can be
granted without substantial detriment to the public good and without
substantially impairing the intent and purpose of the Zone Plan and Zoning
Ordinance of the Township of Roxbury for the following reasons:
- The
Board finds that the proposed conditional use can be granted. The Board
notes the case of Coventry Square vs. Westwood Zoning Board of
Adjustment, 138N.J.285(1994) in order to evaluate whether or not the
deviation from the conditional use standard would cause such damage to the
character of the neighborhood is to constitute substantial detriment to
the public good. Here the Board of Adjustment is satisfied that the grant
of this conditional use variance for this specific applicant does not
impair or materially affect the intent and purpose of the standards
imposed by the municipality in creating the conditional use.
- The
number of employees on site will be increased, but there will be less
traffic trips then for the existing chiropractic office as well as the
prior dental office.
- The
existing site and structure was clearly constructed and “purpose built” to
be a home/office. While the site is in a residential neighborhood, it is
at a relatively busy intersection, and as such, has a limited impact on
adjoining residential properties.
NOW, THEREFORE, BE IT
RESOLVED by the Board of Adjustment of the Township of Roxbury on the 9th
day of July, 2007 that the approval of the within application be granted
subject, however, to the following conditions:
- Applicant
is to remove the non-conforming existing sign. If applicant is to have a
sign, same shall be in compliance with the sign regulations of the R-1
Zone District.
- Hours
of operation shall be limited to Monday to Friday – 8:00 AM to 5:00 PM.
- Applicant
shall be permitted to have a maximum number of five (5) non-residential
employees on-site.
- All
other provisions of the Zoning Ordinance and conditional use standards
remain in full force and effect noting that, if there is a change of
ownership, the conditional use approval granted herein shall terminate.
Mr. Kurtz made a motion to
approve the resolution. Mr. Giardina seconded.
Roll as follows: Mr. Kurtz, yes;
Mr. Giardina, yes; Ms. Kinback, yes; Ms. Dargel, abstain; Mr. Crowley, yes.
AGENDA
Mr. Crowley announced that
Application BA-07-33, Mountain Landscape, will not be heard and is carried to
9/10/07. Application BA-07-05, Blanche Valentino, will not be heard and is
carried to 9/10/07.
BA-07-41 – ENVISION MANAGEMENT – VARIANCE TO BUILD HOME
IN AN OB ZONE, LOCATED ON MARY LOUISE AVE., BLOCK 6101, LOT 5
Attorney Allen Goldstein
requested that the application be carried to the next hearing as there are only
5 eligible Board members present tonight.
The application was carried to
9/10/07, no further notice required, with the time extended to that date.
BA-07-36 - CATHERINE TROUP – VARIANCE FOR OUTDOOR DISPLAY
LOCATED ON RT. 10, BLOCK 3802, LOT 13 IN B-2 ZONE
Catherine Troup was sworn in.
She stated she wants to display monuments outside her building in the front of
the business.
Mr. Crowley asked if there are
any other signs other than what is on the building.
Ms. Troup said there is a
freestanding sign.
Mr. Crowley asked what the
hardship is.
Ms. Troup stated these are not
signs. It is an outdoor display of headstones. I cannot bring them in at
night because they are very heavy.
Mr. Stern asked why there are 7
headstones instead of 2 or 3.
Ms. Troup said the way they are
laid out is a nice display and is tasteful.
Mr. Stern said two variances are
necessary: display only permitted during normal store hours; and merchandise
closer than 25 feet to the street right-of-way.
Ms. Dargel asked if Ms. Troup’s
business is suffering because there is no display.
Ms. Troup said the monuments are
there now. It has brought more attention to the business. Most people have
said they didn’t even know I was there until the monuments were added.
Mr. Stern said the building is
not very noticeable and either is the sign. Have you thought of adding
landscaping or improving the sign?
Ms. Troup said she is satisfied
with the way it is. Putting in a large sign is very expensive and this is a
very small business.
Ms. Dargel asked about planting
flowers around the monuments.
Ms. Troup said she is planning to
do that next season.
Jeff Troup was sworn in. He asked
if Dering’s is a conditional use.
Mr. Stern said that is a
preexisting nonconforming use. The ordinance was changed in the 1990s and that
would no longer be permitted. The majority of uses in town do not have outdoor
storage that is out for more than 12 hours.
Mr. Stern said the Board is
suggesting enhancing the landscaping and perhaps putting in a better
freestanding sign.
PUBLIC PORTION OPENED
No one stepped forward.
PUBLIC PORTION CLOSED
Ms. Dargel asked if there is
anywhere else on the property where the monuments could be displayed.
Ms. Troup said no.
Ms. Kinback made a motion to
approve the application with a small amount of landscaping to enhance the
site. There will be a maximum of 7 monuments permitted, similar to the photo
submitted with the application; landscaping package to be approved by Mr.
Stern; setback for monuments to be 15 feet. Mr. Data seconded.
Roll as follows: Ms. Kinback,
yes; Mr. Data, yes; Mr. Wetzel, yes; Mr. Giardina, yes; Ms. Dargel, yes; Mr.
Kurtz, yes; Mr. Crowley, yes.
BA-07-43 - MARTIN POST – VARIANCE FOR IMPERVIOUS COVERAGE TO ADD PATIO
LOCATED ON RARITAN AVE. BLOCK 6301, LOT 1 IN R-3 ZONE
Martin Post was sworn in. He
stated he has a fenced in backyard and a pool that is to be removed. In the
back where I want to put the concrete the grass doesn’t grow well. I want to
use the area for entertainment purposes. Currently there is a blacktop
driveway which I want to remove.
Mr. Crowley asked if Mr. Post has
considered pavers.
Mr. Post said there is a slight
grade. My stepfather is in the concrete business and I feel he would do a
professional job.
Mr. Crowley asked what the
hardship is.
Mr. Post said this is an R-3
zone, and the coverage is based on a 15,000 square foot lot. We have just over
11,000 square feet, and that puts us in a variance situation.
Ms. Dargel said the drawing
submitted with the application shows the pool to be removed. I am having
trouble picturing where the patio will be.
Mr. Post showed a hand drawing of
the site (marked A-1).
Mr. Crowley said we need to have
dimensions shown on the plans.
Mr. Post said it will be a free
form patio and it is difficult to measure.
Mr. Wiener said Mr. Potere’s memo
indicates the coverage at 27.76% is requested. Is there any way you can make
the patio smaller so that a variance is not needed?
Mr. Post said it would not be of
sufficient size if it was any smaller. What I have applied for is 740 square
feet.
Ms. Dargel asked why the pool is
being removed.
Mr. Post said it is rather old
and was there when I moved there. I have no plans to replace the pool and
understand I would have to get another variance if I did that in the future.
Mr. Stern said according to the
drawing, you want to put the impervious coverage all the way to the back
elevation of the garage?
Mr. Post said yes.
PUBLIC PORTION OPENED
No one stepped forward.
PUBLIC PORTION CLOSED
Ms. Dargel made a motion to
approve the application subject to impervious coverage not to exceed 27.76%.
Mr. Giardina seconded.
Roll as follows: Ms. Dargel,
yes; Mr. Giardina, yes; Ms. Kinback, yes; Mr. Data, yes; Mr. Wetzel, yes; Mr.
Kurtz, yes; Mr. Crowley, yes.
BA-07-44 – GARY ARENDT – VARIANCE FOR IMPERVIOUS COVERAGE
TO REPLACE AND IMPROVE STEPS, DRIVEWAY, WALKWAYS, SIDE WALKWAY AND RETAINING
WALL LOCATED ON EAST VAIL RD. BLOCK 12003, LOT 2 IN R-3 ZONE
Gary Arendt was sworn in.
Barbara Arendt was sworn in.
Mr. Arendt stated he would like
to replace the driveway, walkway and retaining wall and add a walkway on the
side of his house. The percentage allowed is 25% impervious coverage, and we
are proposing 29.8%. It would be safer to access the deck with the additional
sidewalk rather than the dirt walkway. The retaining wall is a hazard as it is
in a state of disrepair. The steps are all different size steps.
Ms. Dargel said on the survey
provided, there is a 20 foot dimension and two rectangles – one says deck and
one says 20 feet. Are you removing part of the deck or expanding?
Mr. Arendt said that is the size
of the deck – it is 20 ft. x 16 ft.
There was discussion on existing
and proposed impervious coverage.
Mr. Arendt said what I am asking
is for 29.8% impervious coverage.
Mr. Stern suggested having the
Zoning Officer verify the numbers before the resolution is approved because the
letter from the Zoning Officer indicates the existing coverage and proposed is
the same.
PUBLIC PORTION OPENED
No one stepped forward.
PUBLIC PORTION CLOSED
Ms. Dargel made a motion to
approve the application subject to the percentage of impervious coverage not to
exceed 29.8%, to be double checked by the Township professionals; and that a
resolution be drafted for the next hearing. The property is on a slope and is
in deteriorating condition. This will improve the property and make it safe.
Ms. Kinback seconded.
Roll as follows: Ms. Dargel,
yes; Ms. Kinback, yes; Mr. Data, yes; Mr. Wetzel, yes; Mr. Giardina, yes; Mr.
Kurtz, yes; Mr. Crowley, yes.
The meeting was adjourned by
motion at 8:30 p.m.
Dolores
A. DeMasi, Board Secretary
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