North Hanover Township
Joint Land Use Board
7:30 p.m. @ Municipal Complex
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Call to Order
Chairman Tom Kimball called the 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
In Attendance: Russ Comisky, Jim Durr, Joe Greene, Wayne Voorhees,
Greg Grauer, Tom Kimball
Absent: Ron DeBaecke, Debbie Kucowski, Brendan O’Donnell, Patricia
Mellor, Jack Smylie
Memorialization of
Resolution 2021- 14- Bulk Variances- Andrew DePaulis- Block 102 Lot 1- Orr Road
Greg Grauer made a motion to memorialize Resolution 2021-14.
Motion Seconded by Tom Kimball. Wayne Voorhees abstained from the vote. All
others in attendance in favor.
NORTH HANOVER TOWNSHIP
JOINT LAND USE BOARD
RESOLUTION 2021 - 14
RESOLUTION GRANTING
BULK VARIANCE RELIEF FOR ANDREW DePAULIS
BLOCK 102, LOT 1
WHEREAS, Andrew
DePaulis, (the Applicant), has applied to the North Hanover Township Joint Land
Use Board (the Board) seeking certain bulk variance relief with respect to the
property commonly known as Lot 1 in Block 102, as shown on the official tax
maps of North Hanover Township; and
WHEREAS, the property
is located on Orr Road near its intersection with Ellisdale-Crosswicks Road
along the Township Line; and
WHEREAS, the property
is currently wooded and is located within the R-A Residential-Agricultural
Zoning District of the Municipality; and
WHEREAS, the
Applicant proposes to construct a 1,400 square foot residential structure and a
720 square foot detached garage structure with a driveway and septic system on
the subject lot; and
WHEREAS, the property
is currently undersized and has the following existing non-conforming
conditions:
1. Lot Area – 2.0 acres
required; 455 acres existing
2. Lot Width – 200 feet
required; 197.72 feet existing
3. Lot Depth – 200 feet
required; 47.55 feet existing
WHEREAS, this matter
was heard before the North Hanover Township Joint Land Use Board on September
22, 2021. At the time of said hearing,
the Applicant, Andrew DePaulis, testified under oath that it was his intention
to construct a 2800 square foot residential structure on the subject property,
consisting of two stories of 1,400 square feet each and a proposed 720 square
foot detached garage; and
WHEREAS, as
presented, the Applicant required the additional bulk variance relief:
1. Front Yard Setback – 50
feet required; 25 feet proposed
2. Rear Yard Setback – 75
feet required; 21 feet proposed
3. Max. Accessory Bldg.
Coverage – 3% maximum permitted; 3.63% proposed
WHEREAS, with respect
to the pre-existing non-conforming conditions, the Board notes that it is
appropriate to grant variance relief with respect to same as the lot is a lot
of record, testimony was provided by an Objector, Ellen Hamilton, who advises
that she does not wish to purchase the Applicant’s property in order to
alleviate the variance conditions as they currently exist; and
WHEREAS, Ms. Hamilton indicates that the portion of her lot, which
is located in North Hanover Township, Lot 1.01 is also undersized, consisting
of .3 acres, only slightly larger than the property owned by this Applicant;
and
WHEREAS, in addition
thereto, the testimony reveals that Ms. Hamilton is not desirous of conveying
any portion of her lot located in North Hanover Township to the Applicant since
that would render her remaining lot undersized; and
WHEREAS, the Applicant, based upon the testimony and comments
provided during the testimony advised, that he was agreeable to moving the
house and garage back an additional five (5) feet on the front, which would
result in a 30-foot front yard setback while simultaneously increasing the rear
yard setback; and
WHEREAS, the Board
finds this alternative to be more attractive based upon the existing conditions
located to the rear and more in keeping with the frontage of similar properties
on the North Hanover Township side of the Township line; and
WHEREAS, the Board further notes that with respect to the detached
garage, the variance relief with respect to maximum building coverage would not
apply if the garage was attached to the residential structure since the
condition is related to maximum accessory building coverage, not overall lot
coverage; and
WHEREAS, the Board
discussed a number of conditions which would apply to any approvals granted
herein as follows:
1. The Applicant shall comply with all terms and
conditions set forth in the review letter of the Board’s consulting engineer,
dated September 8, 2021, which report is incorporated herein by reference.
2. The Applicant shall obtain septic approval
with the Burlington County Health Department.
3. The Applicant shall ensure that the height of
the garage shall not exceed 16 feet in accordance with the definition of the
Township’s Ordinances.
WHEREAS, based upon the testimony submitted, both the accessory
structure and the residential dwelling shall be located at least 30 feet back
from the front yard setback line; and
WHEREAS, by limiting
the height of the accessory structure to 16 feet, the side yard setbacks shall
not be encroached upon; and
WHEREAS, in support of her objections, the Objector, Ms. Hamilton,
submitted into evidence Exhibit O-1, Declaration of Restrictions, dated May 26,
2016; O-2, a Deed for the subject property and a 200-acre parcel located in
Chesterfield Township, dated April 28, 2018; and O-3 tax map showing the
subject property and surrounding properties; and
WHEREAS, the Objector
further submitted the testimony of James Miller, a Professional Planner in the
State of New Jersey, who was qualified and accepted by the Board as an expert
witness in this matter; and
WHEREAS, the Applicant’s Planning Expert, Mr. Miller, opined that
the Applicant does not meet the requirements with respect to a hardship under a
C-1 criteria nor is it a better zoning alternative under the C-2 criteria of the
statute; and
WHEREAS, substantial
testimony related to the ability of the Applicant to obtain property from an
adjoining lot located in Chesterfield Township and the Board noting same has
been identified as preserved farmland and as a result, is Deed restricted from
further subdivision for purposes of residential development; and
WHEREAS, based upon the testimony submitted, the Board is
satisfied the Applicant has submitted sufficient evidence to establish a
hardship in view of the irregular triangular shape of the subject parcel, which
is an existing lot of record, the requirements for a septic system to meet
Board of Health regulations, and while the property would include a two-story
home and detached garage, the actual footprint of the home would be 1,400
square feet, which is an appropriate sized footprint for the lot in question;
and
WHEREAS, the Board finds that the Applicant has further met the
criteria under the C-2 provisions of the statute in that the purposes of zoning
are advanced through the granting of the relief requested, including
subsections (a), (c), (d), (e) and (g); and
WHEREAS, said purposes are advanced since the plan presented
guides the appropriate use or development of an otherwise undersized vacant lot
while simultaneously protecting the public health, safety or general
welfare. The plan as presented provides
adequate light, air and open space in that the existing undersized lot will not
take property from other lots which would be further undersized if said lands
were attached to the subject property within North Hanover Township, while the
preserved farmland located to the rear should be protected from being included
within a residential lot; and
WHEREAS, the Board
further finds that it is appropriate to grant the relief with respect to the
residential dwelling as presented on the undersized lot as same advances the
general welfare of the neighboring municipality, which a preserved farm to
remain in its existing condition without further subdividing same even if it
could legally be done; and
WHEREAS, the Board
finds that the plan as presented provides for appropriate population, densities
and concentrations since it provides an untouched 200-acre parcel of farmland
preservation property to the rear, while concentrating development in the
residential zone of North Hanover Township; and
WHEREAS, the Board
further finds that in maintaining the preserved farmland to the rear and
limiting the residential property to the existing lot of record in North
Hanover Township, sufficient space is provided in appropriate locations for a
variety of these two types of uses where they benefit each other since the rear
yard setback would adjoin preserved farmland as opposed to any other type of
development; and
WHEREAS, the Board
further finds for the reasons set forth above that there is no negative impact
upon the Township Zoning Plan or neighborhood scheme as the lot in question is
zoned for residential use, adjoins other residential uses in North Hanover
Township and abuts preserved farmland in an adjoining municipality where the
rear yard variance relief is being granted; and
WHEREAS, the benefits
of the deviation clearly outweigh any detriments based upon the existing
nature, conditions at and near the subject site; and
WHEREAS, despite the intentions of the Objector to opine that the
hardship in question is self-created, the Board notes that the adjoining
property is not owned by this Applicant and the adjoining property owner has no
legal obligation to convey additional property to the Applicant, particularly
since same is preserved farmland located in another municipality; and
WHEREAS, the Board finds there is no negative impact from the
granting of the relief requested as the property is in fact zoned for
residential use, the lot in question is currently existing and it is
appropriate to place a residential structure on the subject property; and
WHEREAS, the Board notes that while the setback variance is
required to the rear, there is no negative impact from the rear yard setback
since the property to the rear is preserved farmland and will not impact upon
any other residential or commercial property owners; and
WHEREAS, with the Applicant’s agreement to move the house and
detached garage back an additional five (5) feet to establish a 30-foot front
yard setback for both, the Board is amenable to granting the relief requested
based upon the conditions imposed herein; 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 22nd day of September, 2021, 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 bulk 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. 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: September 22, 2021
DATE MEMORIALIZED: October 27, 2021
FOR ADOPTION: Jim Durr, Debbie Kucowski, Jack Smylie, Greg Grauer,
Tom Kimball
AGAINST: Russ Comisky, Ron DeBaecke, Joe Greene, Brendan O’Donnell
ABSTENTIONS/RECUSALS:
Public Comment
Chairman Tom Kimball opened the floor to public comment. Being no
public in attendance to comment. Greg Grauer mad a motion to close public
comment. Motion was seconded by Tom Kimball. All in favor.
Board Discussion
Chairman Tom Kimball opened the floor to board discussion. Being
no board discussion. Tom Kimball made a motion to close board discussion. Greg
Grauer seconded. All in favor.
Correspondence-NONE
Adjournment
Tom Kimball made a motion to adjourn. Greg Grauer seconded the
motion. All in favor. Meeting adjourned at 7:32pm.
Respectfully submitted by:
Alexandra DeGood
Board Secretary