Chairman Dietz called the Board of Adjustment Meeting of May 16, 2007 to order at 7:30 P.M. announcing that this meeting had been duly advertised according to Chapter 231, Open Public Meetings Act. The meeting took place at the Municipal Building in the Court Room. PLEDGE OF ALLEGIANCE ROLL CALL Chairman Dietz - Present Vice-Chairman Wetter Present Jack Kennedy - Present Frank Valcheck - Present Barry Quick - Absent John Sheridan- Present Kevin Lovell - Present Joseph Jaghab Alt. #1- Present Helen Haines Alt#2 - Present Also in attendance was Mark Anderson, Board Attorney, Jeffrey Perlman, Zoning Officer, William White, Board Engineer and Lucille Grozinski, CSR. BOARD OF ADJUSTMENT BUSINESS BUSINESS FROM THE FLOOR APPLICATIONS DUDZINSKI, MIKE File #BA-07-10 Block 180A, Lot 7, 926 Route 206. Preliminary & Final site plan with bulk and use variances. carried to June 6, 2007 PULEO, RONALD & PAMELA File #BA-06-29 Block 205.01, Lot 26, 3 Oakley Knoll. Bulk variance for one story porch addition. carried to June 6, 2007 SPRINT SPECTRUM, LLC File #BA-06-19 Block 205.03, Lot 26, 324 Woods Road. Minor Site Plan w/variance wireless monopole. withdrawn JU-YOUNG SUH File #BA-07-07 Block 175.08, Lot 11, 188 Beekman Lane. Bulk variance for impervious coverage and undersized lot to re-build home destroyed in fire. Ms. Ju-Young Suh, the applicant, appeared and was sworn. Testimony and discussion included the following: The applicant lost their home in a fire in December of 2006 The applicant is proposing to rebuild the house on the same lot It is an undersized lot for the zone The applicant is also seeking a variance for impervious coverage. Chairman Dietz asked what the original coverage was. Ms. Suh said it was already over 20%, approximately 22%. Chairman Dietz asked if the impervious coverage will be same as the original house. Ms. Suh said the shape of the house will be different, but the total amount of impervious will be same. Mr. White asked if there will be soil under the deck. Ms. Suh said yes. Ms. Haines asked if the house will have the same number of bedrooms. Ms. Suh replied that there will be same number of bathrooms, but go from 2 and a half baths to three and a half baths. Chairman Dietz asked if the applicant can purchase land from her neighbors. Ms. Suh sent letters to her neighbors. But her neighbors have the same size lots, and cannot sell her any land. Open Public: No members of the public had questions. Close Public
Mr. Kennedy made a motion to approve the application, seconded by Mr. Lovell WORDEN, KENNETH File #BA-07-09 Block 204, Lot 43, Lanning Way. Bulk variance for lot not abutting street giving access to proposed single family dwelling. Exhibits: A-1 Survey of property with aerial overlay A-2 Variance plan A-3 letter from a Fox &Foxx developers, dated May 16, 2007 A-4 Copy of final plat for Cornerstone Developers filed in the Somerset County Planning Board, dated May 2, 2005 Mr. Francis Linnus, attorney for the applicant, appeared. Introductory discussion included the following; Application is for a variance located in the RA zone The subject property is in excess of 4 acres The property does not front a public street, but does have an access easement connecting the subject property to Lanning Way The applicant is also seeking an exception from the Board Mr. Bruce Blair, the surveyor for the applicant, appeared and was sworn. Testimony and discussion included The subject property is adjacent to an approved subdivision called Cornerstone. The property is not part of the subdivision A title search was conducted and there was references to a old wood road that transversed the property and provided access to the property The subsequent development eliminated the old road. The planning board directed an access easement to connect the property during the Laureldale Estates development, but missed the subject property. The Piller of Fire property resulted in the subdivision called Cornerstone development, where a 25 foot access easement was provided to connect Lanning Way to the subject property. The property is heavily wooded and requires a two acre minimum to build on it. The proposed dwelling has been located in order to save the maximum number of trees The lot meets and exceeds all bulk standards for the zone Mr. Kennedy asked what the proposed size of the house. Mr. Blair said between 6,000 to 7,000 square feet. Chairman Dietz asked if the subject property was offered to Hidden Forrest Estates. Mr. Wetter asked what the property south of the subject has on it. Mr. Blair replied that an existing subdivision with homes exists on the property immediately adjacent to the subject lot. Chairman Dietz commented that it was strange that the planning board did not issue an easement 2
that connected to the subject lot and appears to be an error. Mr. Blair said that indeed it was an error. Mr. Linnus read to the Board a condition of the resolution from the Cornerstone application indicating that a request was made to relocate the existing access easement to give access to the subject lot as part of the subdivision approval. Mr. Blair said that this easement exists on the filed plat plan. Ms. Haines asked if an environmental report from PK Environmental would be provided to ensure that no wetlands exist on the property. Open Public: No members of the public had questions. Close Public Mr. Kenneth Worden, the applicant, appeared and was sworn. Testimony and discussion included The applicant is the contract purchaser of the subject property. Mr. Worden stated that the developer is still in ownership of the two lots that front Lanning Way. The applicant attempted to acquire land from the developer to create a 50 foot frontage for a flag lot. The developer is not willing to sell any portion of the lots within the approved subdivision Mr. Thomas Thicke, engineer for the applicant, appeared and was sworn. Testimony and discussion included the following: The applicant is prepared to meet recommendations for the design of the driveway as per the Fire Department. The driveway will be a blacktop driveway and the radius coming off Lanning Way will be widened to accommodate emergency vehicles as per the Fire Department The applicant discussed the drainage issues with Mr. White, the Board engineer, and the applicant will capture the increase stormwater runoff on the property with the construction of an underground detention system to help control runoff from the house and the driveway. The proposed driveway will be below the surface of Lanning Way, so that any runoff from the driveway will not flow onto Lanning Way. There will be no increase in runoff due to the development of this property. The applicant will provide to the Environmental Commission a report stating that are no wetlands on the property The applicant stated that the agreement between Laureldale Estates and the subject property will be maintained, which states that no stormwater runoff will enter onto Lanning Way. The applicant will pay the affordable housing fee but are reserving the right to Chairman Dietz asked why the applicant would appeal the growth share fee. Mr. Linnus said that the applicant does not see the application as a residential development, but rather as a single residential lot. Mr. Anderson said that the appellate decision said nothing of the township s growth share ordinances, only the COAH rules. Mr. Anderson said the ordinance says what it says, and there it is not before the Board whether the Growth Share ordinance. Chairman Dietz asked what the fee is. Mr. Perlman replied that the fee determined for this application is calculated at $19,599.50 which is the in-lieu fee. Open Public: No members of the public had questions: Close Public. Mr. Linnus asked if Mr. Worden can make some additional comments. Mr. Worden asked the Board to consider whether the ordinance applies to single lots rather than large subdivisions, and 3
should not penalize owners who already have an existing lot. Chairman Dietz asked Mr. Worden how $300,000. Chairman Dietz asked how much a 6,000 square foot house would cost. Mr. Worden replied that about $900,000. Chairman Dietz stated why the applicant would complain about a $20,000 fee. Mr. Worden said that property owners feel that this is another development fee. Mr. Anderson asked what the nature of the easement as shown on the map. Mr. Blair said that the easement is a 20 foot wide easement. Mr. Anderson asked for a copy of the plat as recorded. Mr. Blair described the easement area as shown on the filed plat for Cornerstone Developers. Chairman Dietz asked Mr. Perlman what the requirements for a flag lot. Mr. Perlman said the minimum frontage is 50 feet with a minimum lot size of 3 acres. Open Public: No members of the public had comments: Close Public. Mr. Lovell made a motion to approve the application, seconded by Mr. Wetter ACCEPTANCE OF MINUTES February 7, 2007 Mr. Sheridan made a motion to approve the minutes of February 7, 2007, seconded by Mr. Lovell. All in favor. ACCEPTANCE OF RESOLUTIONS Workman Mr. Kennedy made a motion to approve the resolution as written, seconded by Mr. Sheridan. Sprint Spectrum Mr. Wetter made a motion to approve the resolution as written, seconded by Mr. Lovell. Hillsborough Veterinary Hospital Mr. Sheridan made a motion to approve the resolution as written, seconded by Mr. Lovell. 4
Dowling Mr. Lovell made motion to approve the resolution as written, seconded by Mr. Sheridan Lipani Mr. Sheridan made a motion to approve the resolution as written, seconded by Mr. Kennedy Ferrara Mr. Sheridan made a motion to approve the resolution as written, seconded by Mr. Jaghab Mr. Haines yes ADJOURNMENT- 8:45 P.M. Submitted by, Jeffrey Perlman 5