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Joint Land Use Board
MEETING MINUTES
October 25, 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 Chairman Tom Kimball.
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:
Russ Comisky, Jim Durr, Ron DeBaecke, Lou DeLorenzo, Dave Forsyth, Joe
Greene, Debbie Kucowski, Jack Smylie, Kevin Zimmer, Greg Grauer, Tom
Kimball
Also in attendance:
Gregory McGuckin
Esq of
Dasti, Murphy, McGuckin, Ulaky,
Koutsouris & Connors and
Gregory McGuckin
Esq of
Dasti, Murphy, McGuckin, Ulaky,
Koutsouris & Connors,
Joseph Hirsh of Environmental Resolutions and Barbara Fegley of
Enviromental Resolutions.
Minutes For Approval
Greg Grauer made a motion to approve the May 24, 2017 Joint Land Use
Board Meeting Minutes. Motion was seconded by Debbie Kucowksi.
Memorialization of Resolution 2017-14- Lee Hill- Minor Subdivision and
Variance- Block 803 Lot 9 and 10.
Jim Durr made a motion to memorialize Resolution 2017-14. Motion was
seconded by Greg Grauer; all in favor.
NORTH HANOVER TOWNSHIP
JOINT LAND USE BOARD
RESOLUTION 2017 - 14
RESOLUTION GRANTING
MINOR SUBDIVISION APPROVAL AND
BULK VARIANCE RELIEF
LEE HILL
BLOCK 803, LOTS 9 & 10
WHEREAS, Lee Hill
(the Applicant), has applied to the North Hanover Township Land Use
Board (the Board) seeking Minor Subdivision Approval and Bulk Variance
Relief with respect to the property commonly known as Lots 9 and 10, in
Block 803, as shown on the official tax maps of North Hanover Township;
and
WHEREAS,
the property is located on the southern side of Jacobstown-Cookstown
Road, approximately 700 ft. north of its intersection with Railroad
Avenue; and
WHEREAS, Lot 10
contains 1.45 acres and is improved with a two-story dwelling, one-story
framed garage, brick framed dwelling, lean-to and canvass carport; and
WHEREAS, Lot 9
contains approximately 3.99 acres and is improved with a one-story
framed dwelling, metal framed garage, canvass carport, wood shed and
inground pool; and
WHEREAS, the
Applicant proposed to subdivide off 0.50 acres from Lot 10 and
consolidate it with Lot 9; and
WHEREAS, as a result
of this consolidation, Lot 9 will increase its area to 195,952.6 sq.
ft., or approximately 4.49 acres, while the area of Lot 10 will be
reduced to 41,169.9 sq. ft., or 0.95 acres; and
WHEREAS, each of the
existing lots are located within the R-A Residential Agricultural Zoning
District of the Municipality, and the Applicant does not propose any new
construction as part of this application; and
WHEREAS, the
Applicant has submitted a Minor Subdivision Lot Consolidation Plan
consisting of one (1) sheet prepared by Avi Luzon, a Professional Land
Surveyor of the State of New Jersey, dated August 1, 2017, with no
revision dates indicated, in support of this application; and
WHEREAS,
this matter was the subject of a Public Hearing held before the North
Hanover Township Land Use Board on September 27, 2017; and
WHEREAS, at the time
of the application, the Applicant was represented by Jonas Singer,
Esquire, and presented the testimony of Lee Reuben Hill, the owner of
the subject property; and
WHEREAS,
the Applicant testified that Lot 10 is currently leased and the Lessee
intends to purchase the subject property from the Applicant.
The testimony reveals that new Lot 10 will be consistent with
other lots in the general vicinity, including Lot 11, Lot 7, Lot 8 and
Lot 31, all of which contain between 1 and 1.02 acres; and
WHEREAS, the
Applicant requires variance relief with respect to proposed Lot 10 being
reduced from 1.45 acres to 0.95 acres, as two (2) acres is required; and
WHEREAS,
Lot 10 is currently nonconforming and the application, if approved, will
exacerbate this nonconformity; and
WHEREAS, the
Applicant further requires a technical front yard setback variance,
where 50 ft. is required, zero (0) ft. is proposed on Lot 10, however,
the Board notes this is an existing nonconformity; and
WHEREAS,
although the lot area does not meet the zone requirements, there are no
other bulk variances required as part of this application.
In view of the Applicant’s testimony as to the nature of the
surrounding development, the Board is amenable to granting the relief
requested; and
WHEREAS, the Board is
satisfied the relief can be granted without substantial detriment to the
public good and without a negative impact upon the Township Zoning Plan
or neighborhood scheme; and
WHEREAS,
the Board is further satisfied the Applicant has submitted sufficient
reasons to grant the relief requested; and
WHEREAS, the Board
notes that no one appeared in the public comment portion of this
application to object to same; and
WHEREAS,
prior to the public hearing held on this matter, the Board had an
opportunity to review the September 13, 2017, review letter of the
Board’s Consulting Engineer, Joseph Hirsh, P. E., which report is
incorporated herein by reference; and
WHEREAS, the
Applicant has stipulated they will comply with all the terms and
conditions set forth in the review letters of the Board’s Consulting
Professionals; and
NOW THEREFORE BE IT
RESOLVED on
this 27th day of Septmeber, 2017 that the Applicant’s request for Minor
Subdivision Approval and Variance Relief be and hereby is approved
subject to the Applicant’s compliance with 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:
September 27, 2017
DATE
MEMORIALIZED: October 25, 2017
FOR ADOPTION:
Jim Durr, Ron DeBaecke, Dave Forsyth, Joe Greene, Debbie Kucowski, Kevin
Zimmer, Greg Grauer, Tom Kimball
AGAINST:
ABSTENTIONS/RECUSALS:
RON DEBAECKE AND LOU DELORENZO LEFT TO THE DIAS TO ABSTAIN FROM
APPLICATION.
Application 2017-06- Use Variance- Wrightstown Partners LLC- Block 602
Lot 1- 545 Wrightstown Sykesville Road
Bill Potter of
Potter and Dixon.
Wrightstown Partners is asking for a Use Variance to develop 24
Townhouses in the C-1 zone. The lot is 5.44 acres abutting Byron drive
which is a private drive.
Wrightstown Arms is 50 apartments on the other side of Byron Drive also
owned by Wrightstown Partners. They wish to develop these 24 units to
provide housing opportunities to the Military. They will also be seeking
approvals to bring water and sewage service from the Wrightstown MUA to
homes. Wrightstown Partners has obtained a letter from the Wrightstown
MUA stating there is adequate capacity. The letter was entered in as
exhibit A-1. The applicant is going for just the use variance at this
time and will return to the board for Site Plan approval. Mr. Porter
asked that Nicholas
Graviano be sworn in. Nicholas Graviano gave his credentials and asked
to be accepted as a professional in field of planning. The board
accepted his credentials.
Mr. Graviano
stated the parcel is ;ocated on Byron Drive which separates North
Hanover and Wrightstown Borough. Mr. Graviano presented plans marked as
Exhibit A2 and A3 which had been previously distributed to the board. It
was stated that the applicant was looking to develop 24 townhouses that
are 2 floors, 2 bedroom and 1.5 baths.
Byron Drive is currently servicing Wrightstown Arms but it is
proposed to service both complexes.
A heavy tree buffer is proposed to provide a private enclave.
Recreational play ground will be provided through the existing area at
Wrightstown Arms. Mr.
Graviano stated the parcel is an irregular shaped lot similar to a
lightning bolt. The applicant believes their use is ideal for
this lot as it does not have frontage or visibility. They believe
the irregular shape of the lot makes the use compatible as it does not
require frontage or viability. Mr.Graviano believes this is use
aninherently beneficial use and the lot is suited for this use.
Mr. Graviano read the conditions of a “D” Variance from Municipal
Land Use Law.
Barbara Fegley
Planner for the board recapped the Engineers review letter. Ms. Fegley
asked if the units would be Fee simple, rental, or HOA? It was stated by
Mr. Graviano that the units would be rental units. The rental units will
be managed through the Wrightstown Arms rental office. Maintenance staff
from the Wrightstown Arms office would be utilized for the new
Townhouses. It was asked how Trash would be handled. It was stated by
Mr. Graviano that it would handled privately. Ms. Fegley asked if snow
removal would also be private and Mr. Graviano responded that yes it
would. Ms. Fegley asked about amending the sewer service area.
Mr.Graviano stated that the DEP would not entertain an application until
they get the “D” variance from the Township.
Tom Kimball asked
if this would give other properties the opportunity the chance to tie
into the sewer service. Mr.
Hirsh Engineer for the Board stated in his review letter he did comment
that part of the approval if the Township is so inclined to include in
the approval that the sewer service be engineered to allow others to be
able to connect to it. Mr. Graviano stated there is no addition
infrastructure needed since it is there for Wrightstown Arms.
The applicant would be willing to offer easement rights to allow
others to tie into the existing infrastructure.
Mr. Hirsh asked about upgrading the recreation area. It was
stated that there are not many children expected to be in the complex as
they are only 2 bedroom townhomes.
Mr. Jim Durr asked if Byron Drive was in North Hanover or
Wrightstown. It was stated that it is in Wrightstown. Additionally Mr.
Durr asked if Byron drive would need to be expanded. Mr. Graviano stated
it would not. Mr. Durr
asked how many apartments are in Wrightstown Arms. It was stated there
are 50 apartments in Wrightstown Arms.
Mr.Graviano has stated that applicant has been approached by
other neighboring businesses to connect in to the sewer service and they
are open to allowing the easements. Ms. Debbie Kucowksi asked about
where the school children would be going, and where do the current
children in Wrightstown Arms go to. It was stated by the applicant that
the Wrightstown Arms children go to school in Wrightstown. It was asked
if there is enough room for a school bus for the North Hanover children
down Byron Drive. It was stated by Mr. Graviano that they do not believe
there will many children based on the size and the fact they are 2
bedroom units. It was asked
if this parcel was in the APZ zone. Mr. Graviano stated he did not
believe it was. Mr. Durr asked if Byron Drive was not used as access
would this parcel be land locked. It was stated by Mr. Graviano that
this parcel as very limited frontage and that you cannot get to the
“second triangle” of the parcel without using Byron Drive.
Tom Kimball opened
the floor public comment. Greg Grauer made a motion to close public
comment. Dave Forsyth seconded the motion. All in Favor.
Mr. Durr discussed
how hard of a decision this is and how the town has struggled for years
over the expansion of sewer service area for many years.
Mr. Poters stated that if it is the desire of the board, the
applicant would collaborate with the town on the application to the DEP.
Mr. Graviano stated that in the applicants DEP application they would
include any parcels that the Township would like. The applicant is
dedicated to working with and enhancing the Township.
Mr. Graviano stated the applicant would include properties within
500’ on the DEP application for sewer hookup if the Township desires and
requires it. It was asked if they would consider 1500’. Mr. Potter
stated they could not do 1500’ as it does not become economical for the
applicant. The applicant stated he would do 750’ of sewer service on the
application and the engineering for such application. Ms. Debbie
Kucowski about how long will the application process take. Mr. Graviano
stated they would like to be pulling construction permits in 2 years.
Jim Durr made a
motion to approve the variance. Tom Kimball seconded the motion. Roll
Call: Jim Durr- Yes, Dave Forsyth- Yes, Joe Greene-Yes, Debbie Kucowski-
Yes, Kevin Zimmer- Yes, Greg Grauer- Yes, Tom Kimball- Yes.
RON DEBAECKE AND LOU DELORENZO RETURNED TO THE DIAS.
Application 2017-09- Minor Site Plan- Scott Alvik- Block 800 Lot 70.03-
158 Meany Road
Scott Alvik the
applicant was sworn in. Mr. Alvik stated that he owns a small
contracting business called Cabin Doctor.
Cabin Doctor does log cabin restoration and building. They bought
150 Meany Road from Scott Crosbie. Mr. Alvik stated he is using the
building as Mr. Crosbie had, and it was approved for.
The difference is he is not manufacturing anything he is simply
using it as a warehouse. Mr. Hirsh Township and Board engineer asked how
many vehicles they have. Mr. Alvik stated they have 2 service vehicles.
It was asked if anything would be stored outside. Mr. Alvik stated he
would only have 2 trailers outside everything else is inside. Mr. Alvik
stated that he, his wife, son and the occasional worker will be the only
ones there. They do not do retail sales. Mr. Hirsh asked if Mr. Alvik
would be agreeable to enclosing the garbage enclosure and Mr. Alvik
agreed. Mr. Alvik presented
a plan of the existing conditions as approved in 2008 and built by Mr.
Crosbie. Also, submitted to
the board, where pictures of the site and parking. No sign is being
proposed at this time. Mr. Hirsh reviewed his completeness letter.
Mr. Alvik stated there will be no noise coming from the property.
Mr. DeLorenzo asked if he would be limited to just the 2 trucks
stated he has if his building would grow. Mr. Hirsh said No it would not
limit him. Mr. Alvik said he homes that he hopes with this opportunity
he will be able to grow.
Chairman Tom
Kimball opened the floor to public comment. Greg Grauer made a motion to
close public comment; motion was seconded by Tom Kimball all in favor.
Jim Durr made a
motion to approve the application, Dave Forsyth seconded the motion.
Roll Call: Jim Durr- Yes, Dave Forsyth- Yes, Joe Greene-Yes, Debbie
Kucowski- Yes, Kevin Zimmer- Yes, Greg Grauer- Yes, Tom Kimball- Yes,
Ron DeBaecke- Yes, Lou DeLorenzo- Yes
RON DEBAECKE AND LOU DELORENZO LEFT TO THE DIAS TO ABSTAIN FROM
APPLICATION.
Application 2017-10- Minor Site Plan and Variance- Palmer Trust- Blocl
608 Lot 8- 520 Wrightstown-Sykesville Road
Tim Palmer owner,
and Martin Carpenter or Chesterfield Electric & HVAC were sworn in . Mr.
Palmer stated he is asking for a use variance and a minor site plan
approval. Mr. Palmer stated that the prior use was an ice cream store,
and was a high impact use.
The use proposed is to house and be the office for Chesterfield Electric
and HVAC. This would not be a high impact use 2 box trucks and bucked
truck and service van. 7-5 employees would be there Monday-Friday. There
may be times where a service technician on the weekend. Usually all
employees and trucks are gone during the day. Mr. Hirsh asked if he
would be receiving deliveries. Mr. Carpenter replied that they have a
few venders but they deliver with small box truck or vans.
Mr. Hirsh recommended the parking be moved to the right of the
building. Mr. Hirsh recommended that a buffer be put up. Mr. Palmer
stated that there were bushes had been there at one time and the
neighbor asked to take them out because the bushes obstructed the view.
Mr. Hirsh recommended putting them starting at the rear of the parking
lot extending back. Mr.
Carpenter asked if he could put their sign where the existing sign was
located. Mr. Hirsh stated it was fine as long as they did not increase
the size of the sign. Mr. Hirsh stated that the garbage enclosure had to
be enclosed. It was propped to take out a double window to put a garage
door in. Mr. Durr asked if there were any anticipated problems with the
upstairs tenants with the business downstairs. Mr. Palmer stated that
the business would be operating while the upstairs tenants are at work.
Tom Kimball opened
the floor to public comment. Greg Grauer made a motion to close public
comment. Tom Kimball seconded the motion; all in favor.
Jim Durr made a
motion to approve the use variance and minor site plan. Motion was
seconded by Dave Forsyth. Jim Durr made a motion to approve the
variance. Tom Kimball seconded the motion. Roll Call: Jim Durr- Yes,
Dave Forsyth- Yes, Joe Greene-Yes, Debbie Kucowski- Yes, Kevin Zimmer-
Yes, Greg Grauer- Yes, Tom Kimball- Yes.
RON DEBAECKE AND LOU DELORENZO RETURNED TO THE DIAS.
Public Comment
Kevin Zimmer made a motion to close public comment as there was no
public to comment. Motion seconded by Dave Forsyth; all in favor
Board Discussion
Tom Kimball made a motion to close board discussion. Motion was seconded
by Greg Grauer; all in favor.
Correspondence
None
Adjournment
Greg Grauer made a motion to adjourn at
9:34pm. Motion was seconded by Joe Greene;
all in favor.
Respectfully
submitted,
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Alexandra DeGood
Joint Land Use
Board Secretary
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