North Hanover Township

Joint Land Use Board

MEETING MINUTES

January 25, 2023

7:00p.m. @ Municipal Complex

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Call to Order

Chairman Tom Kimball called the January 25, 2023 Joint Land Use Board Meeting to order.

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

Joe Greene- Class II Oath of Office was administered by Board Attorney Stephen Raymond.

Roll Call For Attendance

In Attendance: Russ Comisky Jim Durr, Ron DeBaecke, David Forsyth, Greg Grauer, Joe Greene, Tom Kimball, Debbie Kucowski, Patricia Mellor, Wayne Voorhees

Absent: Jack Smylie

Also in Attendance: Joe Hirsh Board Engineer, Ed Fox Board Planner, Stephen Raymond Board Attorney.

Minutes for Approval

-December 21, 2022

-January 11, 2023

Jim Durr made a motion to approve minutes. Motion was seconded by Greg Grauer. Ron DeBaecke and Dave Forsyth abstained all others in attendances in favor.

Memorialization of Resolution 2023-06 Resolution Granting Use Variance Relief For Vito D’Amato Block 400, Lot 5

NORTH HANOVER TOWNSHIP

JOINT LAND USE BOARD

RESOLUTION 2023-06

RESOLUTION GRANTING

USE VARIANCE RELIEF FOR

VITO D’AMATO

BLOCK 400, LOT 5

WHEREAS, Vito D’Amato (the Applicant), has applied to the North Hanover Township Joint Land Use Board (the Board) seeking a use variance with respect to the property commonly known as Lot 5 in Block 400, as shown on the official tax maps of North Hanover Township; and

WHEREAS, the Applicant seeks approval to permit two principal single-family residences on a single lot; and

WHEREAS, single-family residences are a permitted use in the R-A, Residential Agricultural Zoning District of the Municipality within which this property is located; and

WHEREAS, the property has frontage on Jacobstown-Arneytown Road and is bordered by a cemetery, residential properties, a farm across the roadway and woodlands; and

WHEREAS, the lot contains approximately 37.454 acres and is currently improved with a vacant 1 ½ story residential dwelling and a one-story residential dwelling; and

WHEREAS, in support of this application, the Applicant has submitted a Joint Land Use Board Variance Application, as well as a Topographic Survey Plan prepared by Harris Surveying, Inc., dated May 2, 2022, with no revision dates indicated; and

WHEREAS, this matter was the subject of a public hearing held before the North Hanover Township Joint Land Use Board on December 21, 2022; and

WHEREAS, at the time of the public hearing, the Applicant, Vito D’Amato, as well as Cheryl Currier, were sworn and testified as to the purpose of the Use Variance application; and

WHEREAS, the testimony reveals that the property has previously contained two residential dwellings for a substantial number of years and is part of a larger farm on the subject lot; and

WHEREAS, it appears one of the residences has been previously damaged as a result of fire and has remained vacant for a number of years; and

WHEREAS, if the property were still utilized as a residential dwelling, the Applicant would not require use variance relief since same would constitute a pre-existing non-conforming use on the subject lot, however, the Applicant wishes to now demolish the damaged structure to construct a new home with each of the two residential structures to be occupied by members of his immediate family, i.e., his children; and

WHEREAS, the R-A Zoning District permits attached single-family dwellings but not two on the same lot; and

WHEREAS, the Applicant is required to establish both the positive and negative criteria of the statute in order to justify the granting of a use variance and based upon the testimony submitted, the Board is satisfied the Applicant has established special reasons to exercise its jurisdiction to grant the relief requested herein, since the property is in fact particularly suited for the proposed use of two residential homes, as it has been previously utilized in that manner for decades; and

WHEREAS, the Board further finds that the proposal advances purposes of the New Jersey Municipal Land Use Law and the Township’s Master Plan and Zoning Ordinances, eliminates existing bulk variance conditions and encourages the continuation of the farming at this location; and

WHEREAS, the Board further finds that the proposal is compatible with surrounding uses since it was compatible for many years and as noted, the Applicant would be permitted to renovate the existing structure and utilize same, had they chosen to do so in the past. However, the demolition of the existing damaged structure is a benefit to the municipality, while the construction of a new residential home, meeting all current building codes, is likewise a benefit to the municipality and surrounding property owners; and

WHEREAS, based upon its prior use as two residencies on one lot, the Board finds that there will not be a substantial detriment to the public good or to the Township’s Master Plan or Zoning Ordinance; and

WHEREAS, the Board questioned the Applicant as to whether or not it is appropriate to seek minor subdivision approval at this time, and the Applicant advised that since they are restricting the use of the two homes to family members, i.e., their children, they did not see a reason to subdivide the property at this time, though acknowledging they may be required to return to the Board in the future for such subdivision approval if and when they decide to do so; and

WHEREAS, the Board did discuss a number of conditions which would apply to any approvals granted herein as follows:

1. The Applicant shall provide for a Deed Restriction that both buildings will be used and occupied by immediate family members of the Applicant, i.e., their children and that in the event this condition is no longer satisfied, the Applicant will be required to return to the Board for minor subdivision approval.

2. The Applicant shall be required to obtain approvals from all outside agencies exercising jurisdiction over the Applicant.

3. The Applicant shall ensure that no access to adjoining land owned by the Applicant, by way of a driveway or roadway, shall be constructed through the property, which is the subject of this application

WHEREAS, the Board further finds that the justification of the use variance, a new structure to be proposed which actually eliminate any existing variance condition since the new structure will meet all setback requirements of the Township Ordinance; and

WHEREAS, it appears that all requisite fees and taxes have been paid in full to date; and

WHEREAS, this matter was the subject of public comment, however, no such comment was received; and

WHEREAS, prior to the public hearing in this matter, the Board had an opportunity to review the December 2, 2022 Engineer’s report of the Board’s Consulting Engineer, Environmental Resolutions, Inc., which report is incorporated herein by reference; and

WHEREAS, the Applicant has stipulated to comply with all the terms and conditions set forth in the Engineer’s report;

WHEREAS, the Board is satisfied the Applicant has submitted sufficient reasons to grant the relief and there will not be a negative impact upon the Township Zoning Plan or Neighborhood Scheme; and

NOW THEREFORE BE IT RESOLVED on this 25th day of January, 2023, that the Applicant’s request for use 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 use 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: December 21, 2022

DATE MEMORIALIZED: January 23, 2023

FOR ADOPTION: Russ Comiksy, Jim Durr, Joe Greene, Debbie Kucowski, Patricia Mellor, Jack Smylie, Wayne Voorhees, Greg Grauer, Tom Kimball.

AGAINST:

ABSTENTIONS/RECUSALS:

Greg Grauer made a motion to memorialize Resolution 2023-06. Motion seconded by Russ Comisky, Ron DeBaecke and Dave Forsyth abstained all other in attendance in favor.

Master Plan Conformance Review of Redevelopment Plan For Block 602, Lot 9.02, North Hanover Township, Burlington County, New Jersey

Mr. Ed Fox Planner for the Land Use Board. Displayed a color rendering of the proposed Redevelopment Plan. Mr Fox stated there are no environmentally sensitive areas except for one tiny area and there would be no significant agricultural impact. Mr. Fox stated in his professional opinion that the plan is consistent with the Master Plan. Board Member Jim Durr mentioned he felt the plan accommodates the fact we have no public utilities and the Master Plan. Mr. Durr also mentioned the land used to be a borrow pit. Where the isolated wetlands are was an asphalt and tire dump. Mr. Fox stated that by doing a Redevelopment Plan it allowed the Township Committee and professionals to help develop a plan that is best for the town, not just what is allowed by our ordinance. It was discussed that a buffer will be put in place between the structures and Spartan Village. The improvements will also help resolve the drainage issues that have been occurring. It was also discussed that this Redevelopment Area is right outside of the Flight Hazard Zone. The board discussed road access to the site and the need for County Approval. The board discussed the plan finding it consistent with the Master Plan. The board also asked if they could send a recommendation to the Township asking the developer to notice each individual in Spartan Village instead of just owner, since Land Use Law only requires notice to the land owner, which would be just the owner of Spartan Village.

Greg Grauer made a motion finding the Redevelopment plan compliant with the Master Plan and sending a recommendation to notice each lot in Spartan Village and not just the Park Owner to the Township Committee. Motion Seconded by Tom Kimball.

Public Comment

Chairman Tom Kimball opened the floor to public comment. Being no public comment, Greg Grauer made a motion to close public comment. Motion seconded by Ron DeBaecke, all in favor.

Correspondence-Preliminary and final Major Subdivision Plan Review Planned Unit Residential Development (PURD) Conformance Review #1 Province Line Farm LLC, Block 201 Lot 10 North Hanover Township

Board Attorney Joe Hirsh reviewed the letter from his office for the first conformance review done for the Province Line Farm LLC Major Subdivision. Mr. Hirsh stated that the applicant still has a lot to do to be in compliance with the Township, and still have outside agency compliance.

Adjournment

Greg Grauer made a motion to adjourn. Motion seconded by Ron DeBaecke. All in Favor. Meeting adjourned at 7:42pm