North Hanover Township
Joint Land Use Board
MEETING Minutes
June 28, 2017
7:30p.m. @ Municipal Complex
Call to Order
The North Hanover Township Joint Land Use Board meeting was called to order at 7:30 pm by Dave Forsyth
sitting in for Chairman Tom Kimball as most senior member in attendance.
Flag Salute
Statement – Provisions of the Open Public Meetings Act
“The provisions of the Open Public Meetings Act have been met. Notice of this meeting has been
transmitted to the Burlington County Times and the Courier Post, given to those having requested and
paying for the same and posted on the bulletin board in the foyer of the Municipal Building “
Roll Call For Attendance
Those members present were:
Ron DeBaecke, Dave Forsyth, Joe Greene, Debbie Kucowski, Jack Smylie, Kevin Zimmer
Those absent were:
Russ Comisky, Jim Durr, Lou DeLorenzo, Greg Grauer, Tom Kimball
Also in attendance:
Gregory McGuckin Esq of Dasti, Murphy, McGuckin, Ulaky, Koutsouris & Connors
Memorialization Resolution 2017- 09 –Filling Extension- Estate of Marguerite Southard - Block 400 Lot
57.01 & 57.02
NORTH HANOVER TOWNSHIP
JOINT LAND USE BOARD
RESOLUTION 2017-09
RESOLUTION GRANTING ONE (1) YEAR TIME EXTENSION
TO A MINOR SUBDIVISION APPROVAL FOR
ESTATE OF MARGUERITE SOUTHARD
BLOCK 400, LOT 57.01 AND 57.02
WHEREAS
, the Estate of Marguerite Southard (hereinafter the “Applicant”), has previously applied to theNorth Hanover Township Land Use Board (hereinafter the "Board") seeking a one-year extension of a previously
received Minor Subdivision Approval with respect to the property commonly known as Lot 57.01 and 57.02 in
Block 400, as shown on the official tax maps of North Hanover Township; and
WHEREAS
, this matter was a subject of a Public Hearing held before the North Hanover Township Jointand Land Use Board on May 24, 2017; and
WHEREAS
, at the time of the Public Hearing the Applicant submitted the testimony of David Forsyth, theowner of Lot 57.02 and the Executor of the Estate of Marguerite Southard, the owner of Lot 57.01; and
WHEREAS
, Mr. Forsyth testified that the Applicant had some trouble completing the subdivision as theSurveyor and prior Attorney had never completed the documentation; and
WHEREAS
, Mr. Forsyth further testified that the Applicant was retaining new counsel and requested a one(1) year time extension to complete same; and
WHEREAS
, the Board is satisfied the Applicant submitted sufficient reasons to grant the relief requested;and
NOW THEREFORE BE IT RESOLVED
on this 28 day of June, 2017 by the North Hanover Land Use Boardthat the Applicant’s request for a one-year time extension with respect to its previously received approvals be and
hereby is approved subject to the applicant complying to all terms and conditions set forth in the preamble of this
Resolution, and the initial Resolution of approval granted in 2016; and
BE IT FURTHER RESOLVED
notice of this decision shall be published by the Applicant in the officialnewspapers of North Hanover Township; and
BE IT FURTHER RESOLVED
that a copy of this Resolution be forwarded to the following:1.
Burlington County Board of Health2.
Burlington County Planning Board3.
North Hanover Township Joint Land Use Board;4.
Township Clerk; and5.
Zoning Officer.DATE ADOPTED: May 24, 2017
DATE MEMORIALIZED: June 28, 2017
FOR ADOPTION: Russ Comisky, Jim Durr, Ron DeBaecke, Lou DeLorenzo, Debbie Kucowski, Jack Smylie, Kevin
Zimmer, Greg Grauer, Tom Kimball
AGAINST:
ABSTENTIONS/RECUSALS: Dave Forsyth
Kevin Zimmer made a motion to memorialize Resolution 2017-09, motion was seconded by Debbie
Kucowski; All in favor
Memorialization Resolution 2017-10- Use Variance- DO Properties- 561 Monmouth Road- Block 501 Lot 1.06
NORTH HANOVER TOWNSHIP
JOINT LAND USE BOARD
RESOLUTION 2017-10
RESOLUTION GRANTING USE VARIANCE APPROVAL
TO DO PROPERTIES BLOCK 501, LOT 1.06
WHEREAS
, DO Properties (hereinafter the “Applicant”), has applied to the North Hanover Township JointLand Use Board (hereinafter the "Board") seeking a Use Variance with respect to the property commonly known as
Lot 1.06 in Block 501, as shown on the official tax maps of North Hanover Township; and
WHEREAS
, in support of this application the Applicant has submitted a Tax Map of the subject property, aZoning Map of the subject property, hand drawn floor plans of the building, aerial and site photographs of the
property, a certification of James Rockwell and a “Summary of Application for Use Variance” for the subject
property; and
WHEREAS
, this matter was a subject of a Public Hearing held before the North Hanover Township JointLand Use Board on May 24, 2017; and
WHEREAS
, prior to said hearing the Board had an opportunity to review the May 15, 2017, review letterof the Board’s Planner and Engineer, Barbara J. Fegley, AICP, PP, and Joseph R. Hirsh, PE, respectively, which report
is incorporated herein by reference; and
WHEREAS
, the property is owned by DO Properties, LLC, of Wrightstown, New Jersey; andWHEREAS
, the Applicant is being represented by Josh Gorsky, Esquire; andWHEREAS
, the property is located within the RA Residential-Agricultural Zoning District of theMunicipality and the Applicant is seeking a Use Variance to permit a dental practice to operate on the ground floor
of the existing residential structure; and
WHEREAS
, it appears, based upon the testimony submitted and the documentation provided by theApplicant, that the property has been operated as a dentist office since at least 1996, and that the original dentist
operation was conducted by the owner of the subject property who also resided therein; and
WHEREAS
, the current owner neither resides on the property nor operates the dental office, but a dentaloffice currently operates in the property which dentist is a tenant of the landowner; and
WHEREAS
, the ground floor utilized as a dental office comprises approximately 1,555 sq. ft., while theupper residential floor consists of 1,588 sq. ft.; and
WHEREAS
, the Applicant is not proposing any new site improvements for this application or any changesin the operation of the dental practice as currently existing; and
WHEREAS
, the property contains approximately 2.66 acres and includes a paved parking lot adjoining thebuilding that appears to provide ten (10) parking stalls; and
WHEREAS
, the dentist office does not comply with the ordinance requirements for accessory homeoccupations and consequently, the Applicant requires a d(1) Use Variance; and
WHEREAS
, the Applicant’s testimony reveals that there is no change proposed to the property or the usecurrently conducted thereon, and the use and operation will be continued as has been existing for approximately
twenty (20) years; and
WHEREAS
, the Applicant testified there is a small residential apartment upstairs which is currently vacantbut the Applicant does intend to rent same in the future; and
WHEREAS
, said apartment would not be rented by the Dentist, which operates on the ground level; andWHEREAS
, in support of this application, the Applicant has testified that the positive criteria of theStatute would be met since the property is well suited for such a use since it has been used as same for over
twenty (20) years, while it is located so far off of the public right-of-way, the office also does not “stand out” and
looks like a residential home and there has been no negative impact since 1996; and
WHEREAS
, the Applicant further testified there would be no impairment to the Township’s Master Plan orZoning Ordinance for the reasons set forth above; and
WHEREAS
, the Applicant submitted into evidence as Exhibit A-1 a certification of the tenant, JamesRockwell, a Doctor of Dentistry, who leases the premises in question; and
WHEREAS
, Exhibit A-1 sets forth the proposed hours of operation, the type of use, type of wastegenerated and the type of deliveries received, along with a number of employees; and
WHEREAS
, the Board did discuss a number of conditions, which would apply to any approvals granted andare as follows:
1.
The Applicant shall maintain at least ten (10) parking spaces on site, with one (1) to behandicapped accessible, and the Applicant shall restripe and provide appropriate signage per
the Code with respect to same;
2.
The Applicant shall comply with all terms and conditions set forth in the review letter of theBoard’s Professionals;
3.
In the event the Applicant changes the use of the property any differently then thecertification of James Rockwell, which is attached hereto, the Applicant shall return to the
Board seeking a use for Variance Relief since the decision of this Board is specifically
conditioned upon the certification as to how the property will be utilized;
4.
The Applicant shall provide detail as to the overhead lighting on the building, which isexisting and must be approved by the Board Engineer; and
WHEREAS
, this matter is a subject to Public Comment and such comment was provided by an adjoiningneighbor, James Durr, who testified that the property has never been a problem in the neighborhood, there is
appropriate landscaping, which hides the use, and there is no negative impact upon the Township’s Zoning Plan, or
Neighborhood Scheme, and same represents an asset to the community; and
WHEREAS
, the Board is satisfied the Applicant has submitted sufficient reasons to grant the reliefrequested and has provided sufficient evidence to establish both the positive and negative criteria of the Statute
to justify the Use Variance; and
WHEREAS
, the Board recognizes that the site is particularly suited for the proposed use, as it has beenused for same for twenty (20) years, the use advances purposes of the New Jersey Municipal Land Use Law and
there is no negative impact resulting from the approval granted herein; and
WHEREAS
, it appears all requisite fees and taxes have been paid in full to date; andNOW THEREFORE BE IT RESOLVED
on this 28 day of June, 2017 that the Applicant’s request for UseVariance Relief be in hereby is approved subject to the Applicant’s compliance with all terms and conditions set
forth in the preamble of this Resolution; and
BE IT FURTHER RESOLVED
notice of this decision shall be published by the Applicant in the officialnewspapers of North Hanover Township; and
BE IT FURTHER RESOLVED
that a copy of this Resolution be forwarded to the following:6.
Burlington County Board of Health7.
Burlington County Planning Board8.
North Hanover Township Joint Land Use Board;9.
Township Clerk; and10.
Zoning Officer.DATE ADOPTED: May 24, 2017
DATE MEMORIALIZED: June 28, 2017
FOR ADOPTION: Russ Comisky, Dave Forsyth, Debbie Kucowski, Jack Smylie, Kevin Zimmer, Greg Grauer, Tom
Kimball;
AGAINST:
ABSTENTIONS/RECUSALS: Jim Durr, Ron DeBaecke, Lou DeLorenzo
Kevin Zimmer made a motion to memorialize Resolution 2017-10, motion was seconded by Joe Greene;
All in favor
Public Comment
Dave Forsyth opened the floor to public comment. Being there was no public to comment Kevin Zimmer
made a motion to close public comment. The motion was seconded by Ron DeBaecke; All in Favor
Board Discussion
Dave Forsyth opened the floor to board discussion. Kevin Zimmer made a motion to close public
comment. Debbie Kucowski seconded the motion; All in favor.
Correspondence-None
Executive Session Resolution 2017-11-Authorizing a Closed Session Meeting to discuss the following
matter(s) pursuant to N.J.S.A. 47:1A-1 and N.J.S.A. 10:4-12; Litigation matters
RESOLUTION 2017-11
TOWNSHIP OF NORTH HANOVER
COUNTY OF BURLINGTON
AUTHORIZING A CLOSED SESSION MEETING
WHEREAS
, the Open Public Meetings Act, P.L. 1975, Chapter 231 and P.L. 2001, C. 404, permits theexclusion of the public from a meeting in certain circumstances; and
WHEREAS
, the North Hanover Township Joint Land Use Board wishes to go into a closed Executive Sessionand is of the opinion that such circumstances presently exist which should not be discussed in public, and
WHEREAS
. the Open Public Meetings Act pursuant to N.J.S.A. 47:1A-1 and N.J.S.A. 10:4-12 permits theJoint Land Use Board to discuss certain matter(s) in private, and in this case for the purpose of the Joint Land Use
Board to discuss contract negotiations, litigation and personnel matters in this regard.
NOW, THEREFORE, BE IT RESOLVED
by North Hanover Township Joint Land Use Board that it will go intoan Executive Session for the purpose of the litigation matters.
BE IT FURTHER RESOLVED
that the results of such discussion may be revealed at such time as thematter(s) are resolved and/or a contract(s) is signed and/or the negotiations are formally settled. Interested
parties may contact the Joint Land Use Board Secretary anytime during normal business hours for periodic updates
as to the availability in this regard.
Name Motion Second Aye Nay Abstain Absent
Russ Comisky
XJim Durr
XRon DeBaecke
X XLou DeLorenzo
XDave Forsyth
XJoe Greene
XDebbie Kucowski
XJack Smylie
XKevin Zimmer
X XVice Chairman Greg Grauer
XChairman Tom Kimball
XAdjournment
Debbie Kucowski made a motion to adjourn at 8:01. Motion was seconded by Kevin Zimmer; All in favor.