February 17, 2022

FEBRUARY 17, 2022 BOA MINUTES

 

The February 17, 2022 Regular Meeting of the Board of Adjustment opened at 7:30pm.  The clerk read the notice of compliance with the “Open public meetings act.”

 Present were Board members:  Mr. Kelly, Mr. Dixon, Secretary Schneider, Mr. Loder, Mr. McGee,  Mr. Davis and Chairman Struncius

Absent – Reynolds, Crasper and Villani

Also, present:  Karen Mills, Clerk, Ray Savacool, Engineer and Ben Montenegro, Esq.

 

 

Memorialize Resolutions

 

Motion by Mr. Pasola, second by Mr. Loder to memorialize the action and vote denying application 2021-16 of Brian/Katie McKenna Denial – 301 Laurel Court 0 Block 87.01; Lot 12 –

In favor:  Struncius, Kelly, Schneider, Loder, Pasola and McGee

Opposed:  None

Motion by Mr. Loder, second by secretary Schneider to memorialize the action and vote approving application 2022-04 of Ralph/Paula Von Rosendahl – 416 Broadway – Block 161; Lot 4.01 – with conditions

In favor: Kelly, Schneider, Struncius, Loder, Pasola and McGee

Opposed:  None

Motion by secretary Schneider, second by Mr. McGee to memorialize the action and vote approving application 2022-02 of Patrick/Michele Wisely – 318 Niblick – Block 104; Lot 11– with conditions

In favor: Kelly, Schneider, Struncius, Loder, Pasola and McGee

Opposed:  None

Motion by secretary Schneider, second by Mr. Loder to memorialize the action and vote approving application 2022-01 of Philip/Denise Jakeway – 1900 & 1901 East Avenue – Block 8; Lot 4 – with conditions

In favor: Kelly, Schneider, Struncius, Loder, Pasola and McGee

Opposed:  None

AGENDA

2022-05 – 1300 Richmond Investors, LLC – 1300 Richmond Avenue – Block 16.01; Lot 21 – applicant is proposing aesthetic improvements which will require a parking waiver (existing) along with a few other existing variances.

Ray Bogan, attorney for applicant. Bruce Jeffries, applicant, sworn, reviewed application request. Stated he is going to resurface the parking lot in the front of the structure and compacted gravel in rear of building. Southern side of the building (All time Auto Body), has had issues with the town due to the fact he had numerous old cars on property. The new owner has addressed those concerns with the business owner and many of the cars have been removed. Mr. Kelly stated the problem has been the turn off (shoulder) of 35. The auto body shop is parking cars on shoulder and in the site triangle which is prohibited. Bruce Jeffries commented that his tenant has begun to clean it up.  Mr. Kelly stated the tow truck is always in the way – cars have blocked the road off to back vehicles in the lot; there used to be trees and they have ruined the trees and the landscaping. Mr. Kelly also questioned the radio tower in the rear. (It will remain). Condition of approval will be that no vehicles are to be parked on the shoulder (south side of building) or site triangle.  Mr. Pasola stated that he tried to leave the lot today and the autobody had the exit blocked and he had to back up and leave a different way. Ray Savacool stated that it will also be a code enforcement issue. The board would like to see the fire lane marked.

Exhibit A1 – Certified Application

Exhibit A2 – Preliminary Floor Plan of Proposed Store Fronts; Survey entitled “Location Survey” by Gary V. Marmo, P.L.S. of Edwards Surveying (dated 2/16/21); Variance Plan by David Stires, P.E. (dated 2/7/22)

A3 – Color Coded Site Plan

A4 – Parking Plan

A5 – Board Mounted Schematic rendering

A6 – Board Mounted Floor Plan

A7 – Sign (Photo of Existing Pylon Sign)

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David Stires, Professional Engineer, credentials accepted. Reviewed site plan and stated that there are an additional 29 parking spaces in rear of building. Mr. Kelly questioned deliveries on Washington. The dumpster will be enclosed on packed stone. Ray Savacool questioned garbage pick-up.   Tenants will now use common dumpster and have same pick-up. Mr. Loder questioned the auto body shop and all the cars he has parked all over the property. The applicant stated the multiple curb cuts will remain. Ray Savacool stated his main concern was the cars parking in the shoulder which is totally unacceptable. Also questioned the depressed curb on Washington that is in need of repair. (Will be fixed) Ben Montenegro had the engineer clarify the parking so the auto body would contain their sprawl of cars. The site plan will be revised to reflect new conditions and submitted to the board and board engineer for approval.

No audience questions/comments

Ray Bogan Esq. summarized the application. The existing sign will be upgraded to be functional. Referring to Exhibit A-7.

Conditions

  1. Provide landscaping at the rear property line on east side of property; said landscaping plan to be subject to the review and approval of the Board Engineer as to planting size, type and location.
  2. Provide a note on the plan that Applicant shall resurface/restripe all paved areas defined on the plan and re-gravel all gravel areas defined on the plan.
  3. Modify the plan (dimensions and materials subject to the review and approval of the Board Engineer) to delineate an enclosed dumpster surround. Applicant shall be responsible for hiring trash/recyclable removal company for the site (not individual tenants).
  4. Modify the plan to delineate the width of the drive aisle at the rear of the site from Washington Avenue to State Rt. 35 ramp at a minimum of 24’ in width for its entire length.
  5. Modify the plan to specifically delineate the dimensions of the car storage pen utilized by the Auto Repair tenant; said dimensions subject to the review and approval of the Board Engineer.
  6. Modify the plan to delineate installation of bumper stops for each parking space set in the gravel area in the eastern portion of the rear of the site.
  7. Comply with the 2/17/22 report of Fire Official Brian L. Martin (including revising the plan to delineate the required fire lanes).
  8. Replace and repair any broken sidewalk, pavement, or curb lines in need of repair (including the pavement/curb line at Washington Avenue front curb cut).
  9. No vehicles shall be parked beyond the property line in the State Right of Way; any vehicles parked in this area shall be parked on site no less than 5 feet from the property line; and the site will be striped to delineate the property line for ease of compliance and enforcement.

Deliberations

Kelly – Very happy to see some improvements being done; it is a tough area. Body shop [ runs a nice business but they do not have enough room.

Dixon – The new owner is trying everything possible to make this better. He agreed with everything that we asked for.

Schneider – Agree with everything that has been said.  It is a cramped space and the new owner is trying his best to make it better.

Pasola – its extremely hard to purchase a business that size built in the 50’s and do everything that you want. Appreciate the applicant being so cooperative. The town will be better served with the changes.

Loder – I believe that the positive criteria outweigh the negative. The auto business has been there for a number of years.  Very impressed with the effort to fix it up.

McGee – I agree. It is refreshing for someone to come in nd fix things. My major concern was the entrance on Washington and that has been addressed.

Davis – The applicant has agreed to take on a number of improvements that will enhance the zone.

Struncius – Not much more to add. Critical items were pinpointed and addressed. The conditions will make it aesthetically and safety enhanced.

Motion by Mr. Pasola, second by secretary Schneider to approve application #2022-05 – 1300 Richmond Investors, LLC – 1300 Richmond Avenue – Block 16.01; Lot 21 –

In favor: Kelly, Dixon, Schneider, Pasola, Loder, McGee and Struncius

Opposed:  None

Application approved with conditions

 

Application #2022-03 – Glen Paesano – 223 Hawthorne Avenue – Block 113; Lot 10 – Applicant is seeking preliminary and final site plan approval and D (1) use variance approval to lift an existing single-family dwelling to 2nd floor and create (2) apartment units on the second floor. The first floor is proposed as commercial office space.

Mr. Pasola is recusing himself from the Paesano application.

  1. John Jackson, attorney for applicant, stated that the applicant is proposing to elevate and renovate the existing one-story single-family home to develop a first-floor commercial office/retail space and two second floor residential apartments (1 one-bedroom unit and 1 two-bedroom unit).

 

Exhibits entered

Exhibit A1 – Certified Variance Application

Exhibit A2 – Architectural Plans, by Gregory L.Cox, R.A. of Aquatecture Associates Incorporated (2 sheets, dated 9/9/21); and Site Plan, by Lindstrom Diessner & Carr, P.C. (7 sheets, dated 8/17/21- last revised 12/10/21).

Exhibit A3 – Power Point Packet

Applicant is requesting the following design waivers.

  1. Drive aisle width
  2. Parking distance to street line
  • Parking distance to property line (rear)
  1. Parking spaces (10 required, 5 proposed)
  2. Parking lot coverage (35% permitted, 39.6% proposed)

 

 

 

Gregory Cox, sworn, Applicant’s Architect, credentials accepted, stated the existing site is located in the HC zone and currently contains a one story three-bedroom single family residential home that is a prior-nonconforming use in the HC zone. Gregory Cox stated that the proposed development as depicted on the architectural plans submitted will be a significant aesthetic improvement to the site.

Gregory Cox believes that the first-floor commercial office/retail space is a permitted use in the zone thereby bringing the site into greater compliance with the zone plan. The site will be accessed via an 18 ft wide ingress/egress driveway (widens to 24 ft in the front and rear parking areas and narrows to 10.5 ft adjacent to the building) at Hawthorne Avenue which he opined was adequate and will function safely for the proposed development.  The site provides for 5 parking spaces; dimensions are 9’ by 18’, in compliance with RSIS criteria.  He stated that the proposed parking arrangement was adequate and will function efficiently and safely for the proposed development. The dimension of the drive aisle between the structure to the proposed column is 10’ 6”, which he said is adequate for the proposed use.

He noted that the small lot area and width of the parcel makes development of the site solely with a permitted HC zone use unlikely. He believes that the subject property is particularly suited for the proposed development due to the small dimensions of the parcel, its location on Hawthorne Avenue, and its proximity to public transportation. He believes that the proposal advances purposes of zoning as set forth in NJSA 40:55D-2 (a), (c), (e) and (i). Applicant agreed as a condition that the two large trees existing on site near each side property line shall be maintained.

 

Glen Paesano, applicant, sworn, stated that he is a resident of the Borough and is familiar with development patterns within the Borough. He is the owner of a window supply company (“Window Solutions”) and intends to utilize the first-floor space for his business. The current site has a one-story single-family home that contains 3 bedrooms while his proposal calls for two residential apartment units with 3 bedrooms total. The site adjoins an existing Dunkin Donuts and a vacant lot and is in close proximity to an existing TD Bank site and Sunoco gas station. Due to its location on Hawthorne Avenue, in this HC zone, the site is not a family friendly site. His intent currently, is to utilize the first-floor commercial space for the Window Solutions business.   He has one secretarial employee who would be present at the site and he currently intends to lease the two-bedroom apartment unit to that employee (who lives with her mother.

 

Conditions

 

  1. The plan is to be revised to show the fire lane per the report of Fire Official Brian L. Martin, dated 2/17/22 .

 

  1. The building is to be constructed in accordance with the architectural plans submitted to the Board as part of this Application.
  2. The applicant shall comply with all requirements of the Board Engineer report, by Raymond W. Savacool, P.E., dated 2/14/22, unless specifically exempted herein.
  3. Applicant shall replace the existing property line fencing on site (size and type of fencing to be subject to the review and approval of the Board Engineer).
  4. No construction vehicles shall utilize the Doran adjoining property (lot or driveway) to the south of the subject property during construction.
  5. The two large trees existing on site near each side property line shall be maintained as part of the project. If removed out of necessity, said trees shall be replaced with trees of a size and type, subject to the review and approval of the Board engineer.

 

 

Deliberations

 

Kelly – It appears to me that this is the positive solution to this. We are taking the home and putting in a commercial use and bringing it more into conformity. Believes the positives outweigh the negatives. I see no problem with this application.

 

Dixon – My problem is what the Master Plan has to say; this is a highway commercial zone that is not meant for houses. This house could be gutted and turned into an office. When this property was purchased, he knew the limitations.

 

Schneider – Think it is a very good creative design; don’t know if he has heard enough positive criteria.

 

Loder – In favor of mixed used designs. Businesses are not surviving – on a case-by-case basis I like this.

 

McGee – Inclined to agree. Pre-existing house in the HC zone.  Definitely an aesthetic improvement. There are other structures nearby with residences.

 

Davis – The hybrid use is intriguing. Certainly, do not see a detriment and believes the positive outweighs the negative.

 

Struncius – I happen to agree; we are not creating a house there. There has been a house there. It could be refurbished and have a home here. We are creating a different kind of housing stock. Might be more reasonable compared to the condos on the other side of town that are $750,000. The commercial is allowed to be here. I think it will be unique to a certain type of business. (by appointment only) I agree with the fact that this undersized lot is being improved; diversified housing usage and commercial – do not see any negative. Positive change here.

 

Motion by Mr. Loder, second by Mr. McGee to approve Application #2022-03 – Glen Paesano – 223 Hawthorne Avenue – Block 113; Lot 10 – with conditions.

 

In favor:  Kelly, Schneider, Loder, McGee, Davis and Struncius

Opposed:  Dixon

 

Application approved with conditions.

 

 Meeting adjourned at 10:30pm

Attest:  Karen L. Mills, LUA

              Clerk to the Board