TOWNSHIP OF DENVILLE BOARD OF ADJUSTMENT MINUTES. July 16, 2014

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1 TOWNSHIP OF DENVILLE BOARD OF ADJUSTMENT MINUTES July 16, 2014 The Board of Adjustment of the Township of Denville held its regular scheduled meeting on Wednesday, July 16, The meeting was held in the Municipal Building, 1 St. Mary's Place and commenced at 7:00 P.M. Chairperson Spiess presided. Secretary Probasco read NOTICE OF PUBLIC MEETING. ROLL CALL: Present: Sally Dankos, Tim Fisher, Arthur Korn, John Murphy, Frank Passucci, Susan Richter, Roger Spiess, William Zois Absent: James Rodimer Prof. Present: Alyse Landano Hubbard, Esq., Jason Kasler, AICP, PP, John Ruschke, PE MINUTES: June 18, 2014 Motion to adopt the minutes as submitted, was made by Mbr. Korn, seconded by Mbr. Fisher and unanimously approved by all Members present and able to vote. PURCHASING: Motion to pay vouchers submitted by Kasler Associates, PA, (dated June 27, 2014) subject to the availability of funds, was made by Mbr. Korn, seconded by Mbr. Fisher and unanimously approved by all Members present and able to vote. Motion to pay vouchers submitted by Larry I. Wiener, Esq., (dated June 20, 2014) subject to the availability of funds, was made by Mbr. Korn, seconded by Mbr. Fisher and unanimously approved by all Members present and able to vote. RESOLUTIONS BA Jeffrey & Ann Marie Pikor 23 Winding Way Block 60407, Lot 12 A motion was made to adopt the resolution by Mbr. Dankos, seconded by Mbr. Passucci and unanimously approved by all members able to vote. Roll Call: Ayes Dankos, Passucci, Korn, Richter, Fisher, Spiess BA Robert Mariani 29 Hillcrest Drive Block 61101, Lot 7 A motion was made to adopt the resolution by Mbr. Dankos, seconded by Mbr. Passucci and unanimously approved by all members able to vote. Roll Call: PUBLIC HEARINGS Ayes Dankos, Passucci, Korn, Richter, Spiess Recused - Fisher BA Michael Whalen 58 Richwood Place Block 30708, Lot 14 The applicant, Michael Whalen was present and sworn under oath. The applicant testified to wanting to replace the existing garage with a larger 24 x 36 garage for antique cars and storage. The applicant stated that his bungalow home has little storage space, the attic is inaccessible, the basement floods and the current garage is in poor condition. Applicant is seeking to construct a detached garage requiring C bulk variance relief for lot area along with rear and side yard setbacks. Chr. Spiess opened to the board professionals.

2 Jason Kasler, PP inquired about the reason for the oversized garage and inquired about the setback % coverage proposed where 6% is allowed. Existing 5.9 side yard setback and new garage proposed at 6. The applicant confirmed, eliminating one variance. John Ruschke, PE spoke to the proposed size being almost twice the size permitted. Mr. Whalen stated he would not be widening the driveway. The township engineer suggested additional landscaping for one or two sides of the proposed structure. Mr. Whalen agreed to additional landscaping and something such as gravel or pavers to stabilize the area. Chr. Spiess opened to the board members. Mbr. Zois spoke to visiting the site, seeing the need and inquired about hazardous materials. Mr. Whalen stated there would be none. It would be for antique equipment that the applicant would like to remove from moisture. Mbr. Passucci inquired about the two bays allowing for four cars. The applicant confirmed. Mbr. Passucci voiced concern for the size, agreed with the township engineer regarding the need for landscaping and inquired about a concrete apron. Mr. Whalen stated no apron was proposed. Mbr. Dankos voiced to having visited the property. Stated that removing the cars from the driveway will make the property look nicer and had no objections to the application. Mbr. Fisher stated his questions had been asked and answered regarding the water and electric. Stated it is a little large but understands the need based upon the flooding. Mbr. Murphy inquired about the accessory structure being removed. 10 x 12 shed to be removed. The applicant confirmed that it meets the setbacks. Mbr. Murphy sought confirmation for the rear yard setback. The planner confirmed 10 setback required. Mbr. Murphy shared the concerns of Mbr. Korn. Stating the size becomes a factor but based upon the removal of the one accessory structure, improving what is going to fall down and the proposed improvement, Mbr. Murphy stated he was reluctantly in favor of the application. Chr. Spiess would prefer to see it smaller but thinks it will be an improvement and look better in the neighborhood. Chr. Spiess opened to the public. John Weeks (3 Kinsey Place) was present and sworn under oath. Spoke to the plan being good. That the proposed was an improvement and the existing garage, in its current state of disrepair, is going to come down. Jason Kasler, PP inquired about lighting. nature. The applicant confirmed it would be residential in A motion to approve this application with conditions was made by Mbr. Dankos, seconded by Mbr. Murphy, and approved by a majority of board members eligible to vote. Roll Call: Ayes Dankos, Murphy, Fisher, Spiess Nays Korn, Richter, Passucci ABA/PSP/FSPV Harju Properties, LLC 3017 Route 16 Block 11203, Lot 8 Joseph A. O Neil, Esq. of Garofalo & O Neil, PA (60 Baldwin Road, Parsippany) represented the applicant. The applicant is seeking preliminary/final site plan approval with C bulk variance for steep slopes and D use variance for outdoor storage. Jaak Harju, Principal of Harju Properties, LLC (53 Broad Street, Rockaway) builds water elements such as ponds and waterfalls. Spoke to having a site that would have multi-level terraced displays that would allow the customer to be immersed into the work. Trucks and businesses. Testified to having three trucks on the site. (a Mason dump truck, a mechanics body and a small service van.) The gravel onsite would not be for public sale. Customers will come in along Route 10. Not a high volume location. No parking problems. Anticipates two to four people at one time and two employee s onsite. Four additional employees would be on job sites. The employee vehicles would be onsite during the day and at the end of the day, the business vehicles would replace the employee vehicles. Business operates on Saturdays and shuts down for the winter as it is seasonal in nature. Chr. Spiess opened to the professionals. John Ruschke, PE had none. Jason Kasler, PP inquired about the 200 notice. Alyse Landano Hubbard, Esq. spoke. Joseph O Neil, Esq. replied affirmatively that the 200 notice was updated. Secretary Probasco confirmed for the record. Chr. Spiess opened to board members. Mbr. Murphy inquired about tree screening and kiddie pools being a proper storage. Mr. Harju confirmed that there would be staggered tree screening for appearance as well as security. Stating that the pools setup was temporary in nature. Jaak Harju confirmed there would be no

3 access from Miller Road. Mbr. Murphy inquired about the old masonry building and the large tree trunks and a garage door. Jaak Harju confirmed the tree trunks where not from trees on this property. Confirmed the masonry building would remain and understood that would be no traversing ability to garage door based upon loading dock. Mbr. Fisher stated that the majority of his questions had been answered. Inquired about being open in the winter and snow removal and maintenance. The applicant confirmed that they would be in the office but there isn t much business in the winter. Mr. Harju confirmed that snow removal and maintenance would be performed and he would be shoveling snow off the flat roof. Mbr. Dankos inquired about being before the board previously. Mr. Harju confirmed that the prior location was as a tenant and stability was desired. Mbr. Dankos commented that it s a nice plan. Mr. Harju confirmed having moved out of the prior location at 3163 Route 10. Mbr. Korn spoke to the property being geared to this type of business. Inquired about parking, the water system, 8 x 10 storage bins for gravel and inquired about frequency of materials (rock, gravel, sand) Mr. Harju stated the materials go out in dribs and drabs and deliveries could be three times a week during normal business hours of 9 am 5 pm. The trucks would be a 2500 pickup, 3500 dually, 3500 mason dump, and a small Ford. Also, a normal size bobcat and two small excavators on the jobsite. Mr. Harju provided an overview of the water elements. Stating that the system is always circulating. Pond less has a basin below the ground that pumps out to a waterfall. Mbr. Korn inquired about the public water versus a well. The applicant stated a working well that serves the building. Mr. Harju stated that there is a sewer, going to the sewer line. Mr. Harju stated there would be Gazebos not sheds. Temporary in nature. Next to the water features and part of the landscape. Also an old Bell Atlantic structure. Mr. Ruschke stated he hasn t seen a deed and inquired about physical easements. Mr. Harju stated that the overhead line runs up to an outbuilding. Mr. Harju doesn t believe there is any easements and there is no power to the existing building and has access to the old building. Accessory structures to be included for variance relief. Jason Kasler, PP inquired about the height of the Gazebos. The applicant confirmed that the wooden frames would be on gravel and less than 16 in height. The planner confirmed that the gazebos should be included as a variance. John Ruschke confirmed that the applicant would have to obtain NJDEP permit and abide by NJDEP rules. Mbr. Korn inquired about handicapped access to the display area. Mr. Harju stated that there is all stairs. There was brief discussion regarding not being required. Mbr. Richter commented on how nice the inside of the building looks. Mbr. Richte spoke to the property being well suited and inquired if there would be fish outside. Jaak stated that it is easier to have fish inside due to weather and predators. Mbr. Richter inquired about lighting. The applicant responded that the property would be well lit. Mbr. Zois commented on the prior location and its appearance before and after. Jaak Harju responded the improvement plan would be the same. Mbr. Zois commented on the proposed being a big improvement. Jeffrey A. Careaga, PE and Principal of Careaga Engineering, Inc. (382 Route 46 West, Budd Lake) was present and accepted as an expert witness. Mr. Caregea testified that the applicant applied for a NJDEP applicability and it was determined there are no wetlands on the property. An FHA permit is required and would be regulated (under 1,000 sq. ft. disturbed area within the 50 area). Spoke to no easements with the exception of the temporary sewer construction easement from when it was built. Used Sheet 3 to illustrate the proposed parking and storage area. Spoke to a variety of retaining walls being stacked up and considered one wall with less than required 6 between the walls with different elevations. None of the walls exceeds 4. Stating the difference of elevation is nine feet. Asphalt removal proposed for the driveway that services the old telephone building to build the parking structure. The stormwater will flow to an inlet to the drywell and 24 perforated pipe. Any overflow comes out as a sheet of water near a stream. All the grading will go towards the water structure to minimize the runoff along with impervious pavers. Two box type lights proposed at the top of the parking lot. Post stormwater improvement with pavers replacing the asphalt in the front of the building. Joseph O Neil, Esq. commented on disagreeing with the planner regarding the parking. The Township Planner spoke to the parking. Mr. O Neil stated there would be space for six vehicles. Mr. Careaga stated there is an 8 x 3.5 sign 3 off the ground exists. Mr. Kasler spoke to the handicapped parking spot. Mr. Careaga respectfully requested a waiver from any handicapped requirements other than the parking space. Stating that each room within the existing building is at a different elevation. John Ruschke, PE spoke to the MCSCD permit. Jeff Careaga stated this has already been received. Stream restoration would include any erosion to be filled to the pre-existing elevations. Mr. Careaga spoke to stabilizing with native stone. Mr. Ruschke inquired about the construction of the water features in phases as it relates to the steep slopes. Jaak Harju responded yes. Definitely in phases. Considerable expense. John Ruschke referenced privacy slots. Jeff Careaga spoke to the year round buffer and anticipate the evergreens. John Ruschke recommendation to continue for continuity for visual impact. Applicant agreed to adding the slats all the way around the fence, even with the evergreen trees. Mbr. Zois had no further questions. Mbr. Richter inquired about the cars having to back out. Mr. O Neil restated that there would be six vehicles. Mr. Harju stated that they would not need to back out. Mbr. Korn inquired about the height of plantings. Jeff Careaga responded that the height would be 6. Jason Kasler, PP agreed this is typical. Mr. Korn inquired about dumpster and enclosure.

4 The dumpster would be within a locked fenced area. Mr. Korn inquired about the examination of the walls by the engineer. Mr. Ruschke responded they would be inspected by the building department. The applicant responded that the necessary engineering calculations would be provided. The applicant confirmed that there would be improvements to the front of the building but it was not part of this application. Mbr. Passucci inquired about a possible erosion issue on the property. Mr. Careaga stated it would flow towards the pond. Mbr. Dankos had none. Mbr. Fisher had none. Mbr. Murphy inquired about the chain link fence on Miller Road. Jeff Careaga spoke to the fence going around the top of the retaining walls. Inquired about the downward lights. Jaak Harju responded that the lights would not be on all night. Mbr. Murphy spoke to the environmental commission report regarding the removal of trees. Mr. Careaga spoke to the beautification of the site and replacement of the trees. Mbr. Murphy spoke to the car wash retaining walls not having a fence for safety. John Ruschke followed up on some of the questions. Tree clearing will be consistent with the phased construction. Chr. Spiess opened to the public and seeing none, closed the public portion. P. David Zimmerman, PP, AICP (21 Western Avenue, Morristown) was present and accepted as an expert witness. Mr. Zimmerman spoke to being familiar with the plans, the master plan and the variances requested. Stating there are no changes to the building. The retaining wall will be 4 from the property line and typical with a C1 type variance on a constrained narrow property. Stating the extraordinary topography and narrowness of the property. Stating a de minimis disturbance of 755 sq. ft. in the steep slopes category of 30%. Mr. Zimmerman spoke to variance requested for the accessory structures as it relates to them being as part of a display and not for typical storage. Continuing testimony, using a four page Exhibit A-1*, on the parking and the D1 criteria. The aerial photograph showing the subject property and the zone line, with the majority being in the B2 zone of permitted use. Only a small portion in the R1B. Stating that outdoor storage will be screened, not visible by any adjacent residential neighboring properties, elevations heavy woods and special plantings. Stating the spirit and intent of the ordinance is being satisfied. Exhibit A-1 Page 1 & 2 Aerial Photographs Page 3 Zoning Map Section Page 4 Proposed Site Conditions section to demonstrate plantings. Mr. Zimmerman continued his testimony stating the negative criteria and no substantial detriment based upon existing and additional plantings, fence slats and no impact on the zoning ordinance. Stating the ideal property and the aesthetics of the property having a stream and waterfall that meets the needs of the applicant s business. Chr. Spiess opened to the professionals. Kasler concurred with the majority of Mr. Zimmerman s testimony and agreed with C-1 variance and inquired about the property being narrow. Mr. Zimmerman stated that it is not just lot width but with the associated stream, plus the building and parking existing. Not much left making the property narrow. Mr. Kasler stated he agreed with two of the three criteria. Suitability based upon the physical characteristics and ideally suited with the business. The applicant agreed to installing a chain link fence from the parking lot on Route 10 all the way up to the parking lot. John Ruschke, PE commented on the upper parking lot. Stating that based upon the size of the parking lot being potentially problematic in the future, should the business intensifies. Suggesting a condition in the resolution that the board reserves the right to revisit this based upon traffic issues. The applicant agreed to this as a condition of approval. Mbr. Passucci concurred with the fence issue and had no further concerns. Stating his satisfaction. Mbr. Dankos spoke to the fence resolving a concern and thought the plan was very good. Mbr. Fisher commented that he could not wait to see finished the product. Mbr. Murphy spoke to the rear parking lot and the business vehicles. Three business vehicles, six employee cars, bobcat, two additional pieces of equipment and a dumpster. A brief overlap in the morning and evening. Mbr. Murphy inquired about the handicapped access. Joseph O Neil, Esq. responded. Mr. O Neil stated that law provides for when there is a substantial difficulty in complying with the law. Mbr. Korn spoke to the reasons of the variance request and being satisfied with the applicant s responses. Mbr. Richter had no further questions. Mbr. Zois also had no further questions. Mbr. Spiess commented on the Exhibit being very helpful. Chr. Spiess opened to the public and seeing none, closed to the public portion.

5 Chr. Spiess restated some conditions of approval as accessory structures, sign setback, waiver from handicapped accessibility, privacy slats in fence, revisited if use becomes intensified in the rear parking lot. A motion to approve this application with conditions and waiver was made by Mbr. Korn, seconded by Mbr. Richter, and approved by a majority of board members eligible to vote. Roll Call: Ayes Korn, Richter, Passucci, Dankos, Murphy, Fisher, Spiess OLD BUSINESS Mbr. Korn mentioned the old box factory is being torn down. NEW BUSINESS There was none. ADJOURNMENT Motion to Adjourn at 9:01 pm. Denean Probasco, Board Secretary Date Approved: August 6, 2014