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North Hanover Township
Joint Land Use Board
MEETING MINUTES
December 20, 2017
7:30p.m. @ Municipal Complex
Call to Order
Chairman Tom Kimball call the December 20, 2017 meeting to order at
7:30pm.
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: Ron DeBaecke, Lou DeLorenzo, Joe Greene, Debbie
Kucowski, Kevin Zimmer, Greg Grauer, Tom Kimball
Those members absent: Russ Comsiky, Jim Durr, Dave Forsyth, Jack Smylie
Minutes For Approval
-June
28, 2017 Executive Session
Ron DeBaecke made a motion to approve the June 28, 2017 Executive
Session Minutes. The motion was seconded by Kevin Zimmer; All in Favor.
Lou DeLorenzo, Tom Kimball, and Greg Grauer abstained from the vote.
-September 27, 2017
Greg Grauer made a motion to approve the September 27, 2017 Minutes. The
motion was seconded by Ron DeBaecke; all in favor. Lou DeLorenzo
abstained from the vote.
Memorialization Resolution 2017- 18- Bulk Variance-Great Northeastern
Enterprises- Block 402 Lot 16- 86 Streeker Road
NORTH HANOVER TOWNSHIP
JOINT LAND USE BOARD
RESOLUTION 2017 - 18
RESOLUTION GRANTING
BULK VARIANCE RELIEF FOR
GREAT NORTHEASTERN ENTERPRISES
BLOCK 402, LOT 16
WHEREAS, Great
Northeastern Enterprises (the Applicant), has applied to the North
Hanover Township Land Use Board (the Board) seeking Bulk Variance Relief
with respect to the property commonly known as Lot 16 in Block 402, as
shown on the official tax maps of North Hanover Township; and
WHEREAS, in support
of this application the Applicant has submitted a Variance Application
Package along with Existing Conditions Plan of Survey consisting of one
(1) sheet prepared by Maser Surveying, LLC dated September 9, 2016, as
well as a Variance Plan consisting of one (1) sheet prepared by Avila
Engineering dated February 10, 2017; and
WHEREAS, this matter
was the subject of a public hearing held before the North Hanover
Township Joint Land Use Board on November 15, 2017; and
WHEREAS, prior to
said hearing, the Board had an opportunity to review the Engineer and
Planners Report of the Board’s Consulting Planners, Environmental
Resolutions, Inc., dated March 10, 2017, which report is incorporated
herein and by reference; and
WHEREAS, the property
has a common street address of 86 Streeker Road and is located just
south of the intersection of Streeker Road and Larrison Road; and
WHEREAS, the property
currently contains a wood framed garage and a mobile home and is located
within the R-1 Residential Zoning District of the Municipality; and
WHEREAS, the property
is currently undersized, consisting of 0.439 acres; and
WHEREAS, the
Applicant requires the following variance relief:
1.
Lot
area – 2.0 acres required, 0.439 acres existing;
2.
Lot
frontage – 200 ft. required, 107.23 ft. existing;
3.
Lot
width – 200 ft. required, 107.23 ft. existing;
4.
Lot
depth – 200 ft. required, 180.74 ft. existing; and
WHEREAS,
with respect to these bulk variance requests, the Board notes that each
of the conditions relates to existing conditions on site as the lot is
already undersized and there is nothing the Applicant can do with
respect to lot area, lot frontage, lot width or lot depth based upon the
surrounding nature of development; and
WHEREAS, the
Applicant further requires a side yard setback variance, 30 ft.
required, 20 ft. proposed, and a front yard setback variance, 50 ft.
required, 48 ft. proposed; and
WHEREAS,
the Applicant has been represented by Chuck Petrone, Esquire, and has
submitted the testimony of John A. Asay, a partner in the Applicant
entity; and
WHEREAS, at the time
of the public hearing the Applicant submitted into evidence:
Exhibit A-1.
Proposed home type consisting of 2,300 sq. ft.;
Exhibit A-2. Photograph showing
the existing lot and buildings to be demolished;
Exhibit A-3. Photograph showing
existing lot and buildings to be demolished closeup;
Exhibit A-4. Next door property to
the right;
Exhibit A-5. Property located
across the street; and
WHEREAS,
based upon the testimony of Mr. Asay, it appears the Applicant proposes
to construct a four (4) bedroom two and a half bath home consisting of
approximately 2,300 sq. ft. on the subject lot; and
WHEREAS, the
Applicant is in the business of developing single-family homes and has
built approximately 250 such structures including 10-15 in North Hanover
Township previosuly; and
WHEREAS,
the Applicant testified they took efforts to insure that the house
proposed would blend in with the existing neighborhood based upon
existing lot size of this lot and the surrounding lots in the
neighborhood; and
WHEREAS, the
Applicant testified the bedrooms are considered small but the Applicant
does desire to construct a four (4) bedroom home as this is what is most
in demand at the current time; and
WHEREAS,
the Applicant submitted sufficient testimony to establish that the lots
surrounding the subject property are generally the same size in nature
with some bigger and some smaller and some similar all containing
single-family homes; and
WHEREAS, the
Applicant further submitted the testimony of Mike Avila, a Professional
Engineer of the State of New Jersey who is qualified and accepted by the
Board as an expert witness in this matter; and
WHEREAS,
Mr. Avila testified that there were no wetlands located on the subject
property and furthermore the Applicant suffers a hardship in accordance
with the provisions of C-1 due to the narrow, shallow and irregular
shape of the subject property, along with its sloping nature and
existing topography; and
WHEREAS, the Board
agrees with the Applicant’s professional testimony that the Applicant
suffers a hardship in view of the existing nature of development in the
surrounding area, as well as the undersized nature of the lot as it
currently exists; and
WHEREAS,
the Board notes that with respect to the side yard setback variance,
there is currently an existing 12.5 setback for a trailer which will
removed as part of this application thereby making the property more
conforming; and
WHEREAS,
the Board is further satisfied that it is appropriate to grant the front
yard setback variance for 2 ft. since the property slopes to the rear
and it would not make sense to construct a home on such sloping ground
while the 2 ft. is essentially a de minimis variance which
will not be noticeable to the naked eye; and
WHEREAS, with respect
to the four (4) remaining bulk variances, as noted same represents all
existing conditions; and
WHEREAS,
the Board did discuss a number of conditions which will apply to any
approvals granted and are as follows:
1.
The
Applicant shall submit a Grading Plan, which must be approved by the
Board Engineer prior to the issuance of any building permit;
2.
The
Applicant shall obtain all outside agency approvals including Burlington
County Health Department, North Hanover Township Construction Office and
NJDEP; and
WHEREAS,
the Board is satisfied the relief requested can be granted without
substantial detriment to the Township Zoning Plan or Neighborhood
Scheme, and the Applicant has submitted sufficient reasons to grant the
relief requested; and
WHEREAS,
the Board is satisfied there will be no negative impact from granting
the variances and the Applicant submitted sufficient reasons for same;
and
WHEREAS, it appears
that all requisite fees and taxes have been paid in full to date; and
NOW
THEREFORE BE IT RESOLVED
on
this 15th day of November, 2017 that the Applicant’s request
for Bulk Variance Relief be and hereby is approved subject to the
Applicant complying to all terms and conditions set forth in the
preamble of this Resolution; and
IN SO APPROVING the
Applicant’s
request for
variance relief,
the Land Use Board of the Township of
North Hanover
has made the following findings of fact and conclusions of law and
further declares:
1.
The
Applicant
has a proprietary interest in this application.
2.
All requisite fees and real estate property taxes have been paid in full
to date.
3.
The
Applicant
has complied with all notification requirements of the municipal land
use ordinance of the Township of
North Hanover.
4.
The application is a “complete application” as defined by the municipal
land use ordinance of the Township of
North Hanover.
5.
The application is a substantial compliance with the zone plan and will
not unduly impact upon the neighborhood scheme.
6.
The Land Use Board adopts the preamble of this Resolution as its
findings of facts and has relied upon these findings in the decision
rendered by the Board.
7.
The
Applicant
has submitted sufficient reasons to grant the requested relief herein.
BE IT FURTHER
RESOLVED
that this approval is further conditioned upon the following:
1.
The receipt by the applicant of all approvals and compliance with
all permit conditions from any Federal, State, County or local
regulatory agency having jurisdiction over this application.
Upon receipt of such approvals, the applicant shall provide a
copy of any permit or written evidence of approval to the Board and its
professional staff. If any
agency requires a change in the plans approved by the Board, the
applicant must reapply to the Board for approval of that change.
2.
The applicant shall provide a statement from the North Hanover
Township Tax Collector that all taxes are paid in full as of the date of
this resolution and as of the date of the fulfillment of any conditions
in this resolution and the failure to provide such a statement shall
render this resolution null and void abs initio.
3.
The applicant shall reimburse the Board for all professional fees
extended or expended with regard to this application.
4.
The applicant shall comply with all provisions of the reports of
the Board’s professional engineer and planner except as modified herein.
5.
The applicant shall comply with all representations made before
the Board by its attorney, engineer and other expert witnesses as the
Board has specifically relied upon those representations in granting the
approvals set forth herein.
Failure to comply with such representations will render any approvals
herein null and void ab initio.
6.
Applicants shall resubmit this entire proposal for re-approval
should there be any deviation from the terms and conditions of this
resolution or the documents submitted as part of this application, all
of which are made a part hereof and shall be binding on the applicant.
7.
Applicant shall post an inspection fund with the Township Clerk
in an amount to be determined by the Township Engineer.
8.
Unless specifically modified herein, the applicants shall comply
with all terms and conditions of all prior resolutions of the North
Hanover Township Planning Board regarding this application.
BE
IT FURTHER RESOLVED
that a copy of this Resolution be forwarded to the following:
1.
Burlington County
Board of Health
2.
Burlington County
Planning Board
3.
North Hanover Township Joint Land Use Board;
4.
Township Clerk; and
5.
Zoning Officer.
DATE ADOPTED:
November 15, 2017
DATE MEMORIALIZED:
December 20, 2017
FOR ADOPTION: Jim
Durr, Ron DeBaecke, Lou DeLorenzo, Dave Forsyth, Joe Greene, Debbie
Kucowski, Kevin Zimmer, Greg Grauer
AGAINST:
ABSTENTIONS/RECUSALS: Tom Kimball
Ron DeBaecke made a motion to memorialize Resolution 2017-18 Bulk
Variance Approval for Great Northeastern Block 402 Lot 16, 86 Streeker
Rd. The motion was seconded
by Greg Grauer. Lou DeLorenzo abstained from the vote; all others in
favor.
Public Comment
Township resident Francis Hewitt asked if the board knew of any proposed
development of the land behind her home on Wrightstown-Sykesville Road
by the land owner Mr. Sim. The board had not been
notified or had any knowledge of any development or proposed development
for that land.
Kevin Zimmer made a motion to close board discussion. Greg Grauer made a
seconded the motion; all in favor.
Board Discussion
Ron DeBaecke confirmed and reminded everyone that the reorganization
meeting would be January 10, 2018 at 7:30. Kevin Zimmer made a motion to
close board discussion. The motion was seconded by Greg Grauer; all in
favor.
Correspondence-NONE
Adjournment
Kevin Zimmer made a motion to adjourn at 7:35pm. Motion was seconded by
Greg Grauer; all in favor.
Respectfully
submitted,
__________________________________
Alexandra DeGood
Joint Land Use
Board Secretary
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