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Joint Land Use Board
MEETING MINUTES
February 26, 2020
7:00p.m. @ Municipal Complex
Call to Order-
Vice Chairman Greg Grauer called
the meeting to order at 7:00pm
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 “
Oath of Office
Patricia Mellor- Alternate 2
Roll Call For Attendance –
In Attendance: Russ Comisky, Jim Durr, Ron DeBaecke, Dave Forsyth, Joe
Greene, Debbie Kucowski, Brendan O’Donnell, Patricia Mellor, Jack Smyle,
Greg Grauer
Absent: Tom Kimball
Also in Attendance: Patrick Varga of Dasti, Murphy, McGuckin, Ukaky,
Koutsouris & Connors in for Land Use Solicitor Gregory McGuckin
Minutes for Approval
Ron
DeBaecke made a motion to approve January 22, 2020 minutes, motion was
seconded by Brendan O’Donnell. All in Favor
Memorialization of Resolution 2020-06- Owens/Mellor- Subdivision- Block
604.03 Lots 2,6,5
NORTH HANOVER TOWNSHIP
JOINT LAND USE BOARD
RESOLUTION 2020 - 06
RESOLUTION GRANTING
MINOR SUBDIVISION AND BULK VARIANCE APPROVAL
KEITH OWENS
BLOCK 604.03, LOTS 2, 5 & 6
WHEREAS, Keith Owens (the “Applicant”), has applied to the North
Hanover Township Land Use Board (“Board”) seeking Minor Subdivision and
Bulk Variance Approval with respect to the property commonly known as
Block 604.03, Lots 2, 5 and 6, (the “Property”) as shown on the official
tax maps of North Hanover Township; and
WHEREAS, the property is located in the R-1 Residential Zone; and
WHEREAS, the purpose of the application is to adjust the lot
lines for the three subject lots. Existing Lot 5 was previously used for
access to the existing lot 2. Proposed Lots 2.01 and 6.01 are being used
for residential purposes. No changes to the uses are being proposed. In
addition, the Applicant is requesting a bulk variance approval for
proposed lot 2.01 for the accessory structure side yard setback (10 feet
required – 4.3 feet provided). The structure is located in the southeast
corner of the proposed property (hereinafter referred to as the
“Project”); and
WHEREAS, there are numerous preexisting nonconforming uses, all
of which are set forth on Page 2 of the review letter from Joseph R.
Hirsch, PE, CME, dated January 15, 2020; and
WHEREAS, the minor subdivision map which is the subject of the
application was prepared by Thomas A. Harris, Jr. dated December 2,
2019; and
WHEREAS, the Applicant submitted uncontroverted testimony that
the application will permit the existing homes to be more conforming,
and therefore increase the value of each of the properties; and
WHEREAS, in support of the application, the Applicant has
submitted and executed a minor subdivision and variance application
package, as well as the aforementioned minor subdivision map; and
WHEREAS, this matter was the subject of a public hearing held by
the Board on January 22, 2020; and
WHEREAS, prior to the hearing the Board had an opportunity to
review the aforementioned report from the Board’s Consulting Engineer
and Planner, which report is incorporated herein by reference; and
WHEREAS, the Applicant has submitted uncontroverted testimony in
support of the variance and minor subdivision application, testifying
that the application will not cause adverse consequences to the
surrounding properties and will be in general compliance with the Zone
Plan and neighborhood scheme; and
WHEREAS, after having listened to the testimony submitted, the
Board agrees there will not be negative impact granting the relief
requested; and
WHEREAS, the Applicant has agreed to comply with all plat detail
requirements and recommendations set forth in the aforementioned review
letter from Joseph R. Hirsch, PE, CME.
NOW THEREFORE BE IT RESOLVED on this 22nd, day of January, 2020, that
the Applicant’s request for Minor Subdivision and 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 aforementioned application, 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 is the owner of the property and 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 Applicant has submitted uncontroverted testimony that the
application as modified herein is in general compliance with the Zone
Plan, will not unduly impact upon the neighborhood scheme, and in fact
will provide a positive benefit to the properties and the surrounding
neighborhood.
6.
Inasmuch as there has been no public opposition or comment with
regard to the application, it appears that the application is in general
compliance with the neighborhood.
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 the Applicant since the Board has specifically relied upon
those representations. Failure to comply with such representations will
render any approvals herein null and void ab initio.
6.
Applicant 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 Applicant 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: January 22,
2020
DATE MEMORIALIZED: February 26, 2020
FOR ADOPTION: Jim Durr, Ron DeBaecke, Dave Forsyth, Debbie Kucowski,
Brendan O’Donnell, Jack Smylie, Greg Grauer, Tom Kimball
AGAINST:
ABSTENTIONS/RECUSALS:
Jim Durr made a motion to approve Resolution 2020-06, motion was
seconded by Ron DeBaecke. All in Favor
Memorialization of Resolution 2020-07- Tucker Farm- Conditional Use-
Block 100 Lot 1.01- 1010
Province line Road
NORTH HANOVER TOWNSHIP
JOINT LAND USE BOARD
RESOLUTION 2020 - 07
RESOLUTION GRANTING
CONDITIONAL USE APPROVAL
NICHOLAS RICCI
BLOCK 100, LOT 1.01
WHEREAS, Nicholas Ricci (the “Applicant”) has applied to the
North Hanover Township Joint Land Use Board (the “Board”) seeking
conditional use approval for property commonly known as Block 100, Lot
1.01 (the “Property”) as shown on the official tax maps of North Hanover
Township; and
WHEREAS, the property is located in the R-A Residential
Agricultural Zone; and
WHEREAS, the Applicant is seeking approval to construct an
Agricultural Employee Housing on the property by providing a thirty (30)
by sixty (60) square foot mobile trailer and a dedicated twenty-four
(24) by eighty (80) square foot parking area; and
WHEREAS, the proposed use is a conditional use permitted in the
R-A Zone in accordance with Section 16-250.4, item 29; and
WHEREAS, in support of the application, the Applicant has
submitted the following:
1.
North Hanover Township Minor Subdivision Application.
2.
Site Plan Sketch of property including proposed area for
agricultural employee housing and parking.
WHEREAS, the Applicant has agreed to comply with all terms and
conditions set forth in the review letter from Joseph R. Hirsch, PE, CME
dated January 17, 2020; and
WHEREAS, at the public hearing held on January 22, 2020, the Applicant
testified regarding each item in Section 16-250.6 (R) and verified
compliance with same from the appropriate Migrant or Non-Migrant
conditions presented therein and listed on Page 2 of the aforementioned
review letter; and
WHEREAS, the application requires no variances; and
WHEREAS, the Applicant submitted uncontroverted testimony that the
mobile trailer will be fully equipped with hurricane straps, and will
fully be in compliance with all fire and zoning code issues. In
addition, the living quarters will be serviced with electric, water and
septic system; and
WHEREAS, further testimony for the Applicant revealed that the
improvements will be on a preserved neighborhood farm and will therefore
not unduly impact upon the Zone Plan or the surrounding properties; and
WHEREAS, there was no public opposition or comment with regard to the
application; and
WHEREAS, the Board, prior to the hearing, had an opportunity to review
the report of the Board’s Consulting Engineer and Planner, dated January
17, 2020, which report is incorporated herein by reference; and
WHEREAS, it appears that all requisite fees and taxes have been paid in
full to date; and
WHEREAS, the Board is satisfied the Applicant has submitted sufficient
reasons to grant the relief requested.
NOW THEREFORE BE IT RESOLVED on this 22nd day of January, 2020, that the
Application for Conditional Use Approval be and hereby is approved,
subject to the Applicant complying to all terms and conditions set forth
in the preamble of this Resolution.
IN SO APPROVING the aforementioned application, 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 is the owner of the property and 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.
This is a conditional permitted use in the zone.
6.
The Applicant has submitted uncontroverted testimony that the
living quarters will be improved with electric, water and a septic
system. The entire property is approximately 141 acres.
7.
The mobile home will be sufficient living quarters for ten (10)
employees.
8.
The application is in substantial compliance with the zone plan
and will not unduly impact upon the neighborhood scheme.
9.
The Applicant has provided 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.
Applicant 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 Applicant 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: January 22, 2020
DATE MEMORIALIZED: February 21, 2020
FOR ADOPTION: Jim Durr, Ron DeBaecke, Dave Forsyth, Debbie Kucowski,
Brendan O’Donnell, Jack Smylie, Greg Grauer, Tom Kimball
Jack Smylie made a motion to approve Resolution 2020-07, motion was
seconded by Brendan O’Donnell. All in Favor.
Greene Extension Request for Subdivision Filling- Resolution 2019-06
Joseph J. Greene was sworn in. Mr Greene stated he is requesting an
extension due the engineers going back on forth and could not get
together. Vice Chiarman Greg Grauer opened the floor to public comment.
Being no public to comment. Ron DeBaecke made a motion to close public
comment, motion was seconded by Debbie Kucowski, All in Favor. Jim Durr
made a motion to approve the extension. Motion was seconded by Ron
DeBaecke
Roll Call:
Metzger/Kornfeld Extension Request for Subdivision Filling- Resolution
2018-08
Susan Metzger and Frank Kornfeld were sworn in. Mr. Kornfeld stated that
their Attorney and the Engineers tool longer than expected. Mr. Kornfeld
also state that his bank also took longer than expected to release the
property. Mrs. Metzger also stated, the surveyor had the wrong land
descriptions and it took time for those to be fixed. Vice Chairman Greg
Grauer opened the floor to public comment. Being no public to comment
Ron DeBaecke made a motion to close public comment, motion was seconded
by Jack Smylie. Ron DeBaecke made a motion to approve the extension,
motion was seconded by Jim Durr.
Roll Call:
Public Comment
Vice Chairman Greg Grauer opened the floor to public comment. Being no
public to comment, Ron DeBaecke made a motion to close public comment.
Motion was seconded by Brendan O’Donnell. All in favor.
Board Discussion
Ron DeBaecke stated that the Township Committee had discussed the
changes to the Poultry and Livestock Ordinace. The Township Committee
was in favor of the changes. The Township Attorney will be drawing up
the Ordinance. They hope to have it introduced at the March 5th
Committee Meeting.
Correspondence-
None
Adjournment
Ron DeBaecke made a motion to adjourn. Motion was seconded by Dave
Forsyth. All in Favor. Meeting adjourned at 7:09pm
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