MINUTES OF THE REGULAR MEETING OF THE JOINT LAND USE BOARD December 4, 2018

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1 MINUTES OF THE REGULAR MEETING OF THE JOINT LAND USE BOARD December 4, 2018 THE REGULAR MEETING OF THE LAND USE BOARD OF THE BOROUGH OF MANVILLE, COUNTY OF SOMERSET, STATE OF NEW JERSEY, WAS HELD ON DECEMBER 4, 2018, IN THE MANVILLE MUNICIPAL COURTROOM, 325 NORTH MAIN STREET, MANVILLE, NEW JERSEY AT 6:30 P.M. CHAIRMAN GEORGE KELMAN PRESIDED Chairman Kelman called the Regular Meeting to order at 6:30 p.m., and the Secretary announced that proper notice had been given by the posting of the Regular Meeting notice and by transmitting the notice of the meeting to the Courier News and the Star Ledger. SALUTE TO THE FLAG Everyone present participated in the Salute to the Flag. ROLL CALL: Present George Kelman, Chairman Present Jim Powers Present Rudy Nowak Present Andrea Wardrop Present Ted Petrock, Councilman Present Ted Camacho Present Brandon Agans Present Richard Onderko, Mayor Present Donald Quick Present Suzanne Maeder, Alternate #1 Present Tim Kenyon, Alternate #2 Present Christopher Corsini Esq., Board Attorney Present Stan Schrek, P.E., Borough Engineer APPROVAL OF MINUTES of the Regular Meeting of November 7, 2018 Mr. Powers, seconded by Councilman Petrock, motioned for the approval of the regular meeting minutes of November 7, All were in favor. RESOLUTION There were no resolutions.

2 COMMUNICATIONS There were no communications REPORTS Angela Knowles, Program Planner of Van Cleef Engineering Associations, presented an Area in Need of Redevelopment Investigation report dated December 4, Ms. Knowles provided a summary, reporting Block Lots 4, 3.02, 5.02, 8 also known as Rosalie LLC satisfies the statutory criteria set forth in the Local Redevelopment Housing Law. Ms. Knowles stated the rational for the conclusion is based on the d criterion: Obsolete Layout and Design. Areas with buildings or improvements which, by reason of dilapidation, obsolescence, overcrowing, faulty arrangement design, lack of ventilation, light and sanitary facilities, excessive land coverage, deleterious land use or obsolete layout, or any combination of these or other factors, are detrimental to the safety, health, morals, or welfare of the community. Ms. Knowles stated the conclusion enables the Borough to proceed with a Non-condemnation Redevelopment Area designtation. Councilman. Petrock asked why criterion d was selected. Ms. Knowles advised criterion d is more related to the current land use portion of the site. Councilman Petrock requested clarification on the purpose of criterion being required if the d criterion doesn t fit the use. Ms. Knowles stated one or more of the components meets the criteria. Mr. Kenyon asked why criteria h doenst fit. Ms. Knowles stated there isn t enough supportive documentation to support criteria h. Mr. Kelman requested additional time for the Board to provide comments by January 1 st, Ms. Knowles requested comments from the Board and would prepare for a public hearing in APPLICATION A/ Zoning Application #PB Steven Hoffmann & Steacy Walsh Block 106, Lots 31 & 32, 800 West Camplain Road Kara Kaczynski of McNally, Yaros, Kaczynski & Lime LLC, representing Steven Hoffman and Steacy Walsh, stated the applicant is seeking a preexisting nonconforming not abandoned use at 800 West Camplain Road. Ms. Kaczynski described the property being located in the commercial zone with and commercial and residential use. Ms. Kaczynski stated the applicant is seeking to continue using the first floor for residential purposes. Ms. Kaczynski advised documentation and witness testimony will be provided to the Board to show the residential use of the property has not been abandoned.

3 Ms. Kaczynski submitted exhibit A1, the application with a cover letter dated October 18, 2018, addendum to the application, survey of the property, photographs, evidence list providing the use of the property prior to 1988 to current, and documents referred to the evidence list. Mr. Kelman clarified three units are in the main building and an additional unit above the garage. He further clarified if the three units referenced in the application are only for the main building. Mr. Powers requested further clarification on the units referenced for the application. Mr. Kaczynski noted property record cards from 1985 to 2017, included in the evidence list, show the property has been used as a three family residence in addition to property record cards referencing the one family above the garage. She further stated appraisal cards by certified evaluation were included in the application noting the three residential units along with the contents of one of the units. Nancy Bentz of 141 North 7 th Avenue in Manville, stated she lived on the second floor from August 4, 1978 to May 5, 2015 and lived on the first floor from 1987 to Ms. Bentz stated she never saw the first floor used other than a residential unit. Mr. Kelman asked which units Ms. Bentz lived in over the course of her residing at the property. Ms. Bentz stated the first floor. Mr. Kelman asked Ms. Bentz, while a tenant, if all three units in the building occupied. Ms. Bentz stated all three were occupied from 1978 to 1992 and empty from 1992 to Ms. Bentz further stated the first floor was used as extra storage space after Mark Nipps of 14 North 19 th Avenue in Manville, stated his great grandfather built the house in the early 1900s and his father was born and raised at the property. Mr. Nipps stated he toured the property in the 1970s during renov.tions. Mr. Nipps provided testimony that he d visited the first floor in Mr. Nipps stated Camplain Road was raised at one time and the bottom floor was level with Camplain Road. Mr. Corsini asked if Mr. Nipps resided in Manville his whole life. Mr. Nipps advised he had except for four years. Mr. Kelman asked Mr. Nipps if he remembered when the property was sold. Mr. Nipps stated the property was sold in Steve Hoffman of Flemmington and the current property owner stated he purchased the property in April of Mr. Hoffman provided testimony that when the property was purchased he understood the first floor to be residential. Mr. Hoffman stated there were three electrical meters prior to the property closing and two electrical meters at the property closing. Mr. Hoffman

4 stated he was not made aware prior to the walk through that one meter would be removed. Ms. Kaczynski submitted exhibit A2, electrical permits of March Mr. Hoffman provided testimony that the electrical meters were not replaced right of way and there was not an intention to abandon residential use. Mr. Hoffman further provided the first floor unit has a full bath, kitchen, living room and closets. Mr. Kelman confirmed that the property was purchased at an estate sale and if the number of units were discussed prior to purchasing the property. Mr. Hoffman stated he corresponded with the realtor. Mr. Kelman asked if the first floor of the property has been vacant since the time of purchase in Mr. Hoffman confirmed and stated it s been used as storage. Mr. Corsini clarified the history of owners over the life of the property. Councilman Petrock asked the classification of the unit over the garage. Ms. Kaczynski reference a 2015 property record card to confirm the one family unit above the garage. Councilman Petrock asked the height of the basement. Mr. Hoffman advised the basement is two steps. Council Petrock asked if there is a rear entrance for the basement. Councilman Petrock expressed concerns of only one entrance for the basement. Ms. Kaczynski stated the area of concern can be a condition of approval. Mayor Onderko requested the history of the meters. Mr. Hoffman stated the meters were replaced as part of the closing agreements. Ms. Maeder asked if there were evident of meters prior to the purchase of the property. Mr. Hoffman stated there are photographs showing a hole for the extra meter. Mr. Nowak expressed concerns for hazardous conditions at the property. Mr. Kelman stated conditions of approval should include repairs to the retaining wall and addressing parking. Mr. Hoffman testified the tenants have not had parking issues. Ms. Maeder asked if the basement apartment is used as storage and if current tenants have regular access to the space. Mr. Hoffman testified the current tenants do not store items in the basement and no tenants have access to the unit.

5 Mayor Onderko asked how long the basement apartment has been unoccupied. Ms. Kaczynski referring to the exhibit list which demonstrated the resident occupancy and stated there have been intermittent use of the unit. Mr. Corsini followed asking the condition Mr. Hoffman saw the property at the time of purchase. Councilman Petrock asked if there were any plans to renovate the additional bedroom. Mr. Kenyon asked if commercial use has been explored. Ms. Kaczynski submitted exhibit A3, property card addressing Mr. Kelman s request to provide evidence that the deed reference does not include the unit above the garage.. Ms. Maeder requested clarification on the two basements listed on the 1995 property record card. Ms. Kaczynski could not provide clarification and defered the question to the tax assessor. Mr. Hoffman clarified the basement includes a laundry area for the tenants. Ms. Kaczynski summarized her closing with abandonment case law and stated there were no changes to the property or violation issues. Mr. Kelman opened the floor to the public for comment. There were no comments from the public. Mr. Corsini stated as he Board considers its deliberations he encourage the Board to consider the factors of Berkley Square. He further advised the Board must look at whether there was an intention to abandon or was there an overt act of abandonment. Mr. Corsini advised the vote is yes, to confirm the use, and no, to find it abandoned. Mr. Corsini stated if there is a no vote, the comments are placed on record under the Berkley Square test. Mr. Corsini stated the conditions on the records; address the secondary means of egress and ingress, necessary repairs to the retaining wall, steps to the back door will be made permanent and safe, the railing from the garage to the second floor will be made permanent and safe. Mayor Onderko asked if the garage unit is a separate lot and block. Ms. Kaczynski advised there is not a separate means and bounds description. Mr. Corsini addressed concerns of the Board that all conditions will be approved by the Fire Marshall. Mr. Kelman called for a motion for the approval of the pre-existing nonconforming non abandoned use. Councilman Petrock, seconded by Ms. Wardrop, motioned for the approval.

6 Roll Call: Aye: George Kelman, Jim Powers, Rudy Nowak, Andrea Wardrop, Ted Petrock, Ted Camacho, Brandon Agans, Mayor Richard Onderko, Donald Quick Nay: None Abstain: None Absent: None Mr. Kelman called for a recess at 7:52 p.m. and reconvened at 7:57 p.m. B/ Application #PB Elias & Gonzalez, LLC on Behalf of Germain Gonzalez 210 South Main Street, Block 116, Lots 6 Adam Elias of Elias & Gonzalez requested if the Board could view the application as a zoning interpretation. Mr. Elias explained the applicant is looking to be a hot deli without onsite seating. Mr. Elias stated the application can be viewed as a retail establishment. Discussion was held on the definition of retail establishments in the Borough Code and the NCIS. Clarification was provided on the applicant seeking a remedy lesser level of proof based on the public notice. Ms. Wardrop asked how the hot food will be prepared. Mr. Elias stated items such as burgers can be an expected menu item. Mr. Nowak commented on the safety of the structure of the floor. The current owner of the property testified the floor has been renovated. Mr. Corsini clarified the property is located in the commercial district in which retail and restaurants are permitted uses. He further stated retail stores in the current borough code are not defined. Mr. Corsini advised the Board can interpret the ordinance to permit a deli type establishment as retail. Mr. Corsini advised if the motion is approved, Mr. Elias can proceed with the c-variance for parking. If denied, the Board is stating property is not retail space under the Borough ordinance and must procure usage. Mr. Powers, seconded by Ms. Wardrop, moved the motion to interpret the application as a retail application not requiring a use variance.

7 Roll Call: Aye: George Kelman, Jim Powers, Rudy Nowak, Andrea Wardrop, Ted Camacho, Brandon Agans, Donald Quick Nay: None Abstain: None Absent: None Mr. Elias asked how the parking is addressed. Mr. Corsini advised the retail negates the parking requirement. NEW BUSINESS The Board agreed to hold the re-org meeting on January 8 th. PUBLIC PORTION There were no comments from the public. COMMENTS BY BOARD MEMBERS Mr. Schrek stated he works closely with the Building Department to ensure items of concern are addressed. Mr. Nowak expressed concerns of the bid proposal for the Brooks Townhouses. Discussion was held on the amount received by the Borough from the developer. The meeting was adjourned at 8:34 p.m. Respectfully submitted by, Jasmine D. Mathis Land Use Board Secretary