ZONING BOARD OF ADJUSTMENT ANNUAL REPORT 2013 Cherry Hill Township Department of Community Development
ZONING BOARD OF ADJUSTMENT MEMBERS January 1, 2013 to December 31, 2013 Farhat Biviji, Vice Chair Michael Maitland Ivy Rovner William Carter Harry Schmoll, Esq. Daniel DiRenzo, Jr. Samuel Kates, Alternate #1 Andrea Loew, Former Member, Resigned March 2013 Jonathan Rardin, Former Chair, Resigned August 2013 ZONING BOARD OF ADJUSTMENT PROFESSIONALS January 1, 2013 to December 31, 2013 Allen Zeller, Esq., Zoning Board of Adjustment Solicitor, Zeller & Wieliczko, LLP Christopher Noll, PE, PP, CME, Zoning Board of Adjustment Engineer, Environmental Resolutions, Inc. (ERI) Stacey Arcari, PE, PP, CME, PTOE, Zoning Board of Adjustment Engineer, Environmental Resolutions, Inc. (ERI) Robert Hunter, PE, PP, CPWM, Zoning Board of Adjustment Engineer, Environmental Resolutions, Inc. (ERI) CHERRY HILL TOWNSHIP DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF Paul Stridick, AIA, Secretary/Director of Community Development Anthony J. Zappasodi, Esq., Alternate Secretary/Planning Administrator Lorissa Luciani, PP, AICP, Deputy Director Jacob Richman, Planning Technician page 1
INTRODUCTION The New Jersey Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-70.1, requires that the Zoning Board of Adjustment, shall, at least once a year, review its decisions on applications and appeals for s and prepare and adopt by Resolution a report on its findings on zoning ordinance provisions which were the subject of requests and its recommendations for zoning ordinance amendment or revision, if any. The Zoning Board of Adjustment shall send copies of the report and Resolution to the Governing Body and planning board. This report summarizes the activity of the Zoning Board from January 1, 2013 through December 31, 2013, and presents its findings on applications and appeals of the Zoning Ordinance provisions, which included requests and site planning. HISTORY The Cherry Hill Township Zoning Board of Adjustment met twelve (12) times from January 17, 2013 to December 19, 2013, which included twelve (12) applications that were heard to a decision (see Appendix A: Zoning Board Decisions). In May of 2013, the Zoning Ordinance for Cherry Hill Township was amended and adopted by Township Council. Applications submitted after the adoption of the new ordinance are governed under the updated version per the elimination of the Time of Decision Rule and the establishment of P.L. 2010, c. 9, which amended the MLUL to establish N.J.S.A. 40:55D-10.5. The changes to the Zoning Ordinance were administrative in nature and only made improvements to the numbering system of the Ordinance. The applications were geographically distributed throughout the Township (see Appendix D: 2013 Zoning Board Applications Map). Approximately thirty-three (33%) of the use (d) requests involved properties located along County Roadways or State Highways, a decrease from 78% of similar projects from the previous year. As many applications involved more than one request, a total of twenty-nine (29) requests were made before the Zoning Board of Adjustment. There were more bulk (c) requests than use (d) requests sought (due mainly in part to only three of the twelve applications requesting a use (d) ) as shown in the Chart 1: Application Distribution. Overall, there were twenty (20) requests for bulk (c) s and four (4) requests for (d) s, which constituted approximately eightythree (83%) of all requests made to the board. CHART 1: APPLICATION DISTRIBUTION Site Plan Waiver 4% Minor Site Plan 10% Use (d) Variance 14% Amended Site Plan 3% Bulk (c) Variance Use (d) Variance Minor Site Plan Site Plan Waiver Amended Site Plan Bulk (c) Variance 69% page 2
DISCUSSION OF DECISIONS The Zoning Board of Adjustment approved ninety-three (93.1%) of the requests made, with only two (2) requests withdrawn. To better understand the decisions of the Board, the types of applications are discussed below in greater detail. A full list of applications heard by the Board is included as Appendix A. TABLE 1: TYPES OF DECISIONS Type of Decision Total Denied Withdrawn Appeal - - 0 0 Interpretation - - 0 0 Request for Extension Certificate of Nonconformity Board applications. - - 0 0 - - 0 0 Relief of Condition - - 0 0 Res Judicata - - 0 0 Bulk Variance 20 18 (90%) 0 2 Use Variance 4 4 (100%) 0 0 Subdivision - - 0 0 Minor Site Plan 3 3 (100%) 0 0 Major Site Plan - - 0 0 Site Plan Waiver 1 1 (100%) 0 0 Amended Site Plan 1 1 (100%) 0 0 Total 29 27 (93.1%) 0 2 APPEALS No appeals of the administrative officer were heard before the board this year. INTERPRETATIONS No interpretations were heard before the board this year. Interpretations are generally not requested or recommended due to their impact on the entire township, rather than a specific property. Use requests are generally recommended as an alternative to interpretation requests. The general exceptions to this are interpretation requests involving the interpretation of Resolutions of previous Zoning or Planning BULK (C) VARIANCES ONLY Bulk (c) s have been divided into two (2) general categories Residential and Non-Residential. A total of eighteen (18) bulk (c) requests were heard (two requests were withdrawn) by the Board divided among twelve (12) applications. As compared to the previous year, the nature of the requests changed, particularly, nonresidential bulk s requests decreased and fell just below the amount of residential bulk requests. Also, signage requests became more prevalent with non-residential properties, usually in relation to minor site plan approval, while setback requests for non-residential properties were not heard at all in 2013. Still, signage requests have mainly been sent to the Planning Board in conjunction with a site plan waiver. Regarding residential properties, setback requests continued to be the main relief requested as was the case in the prior year. Specifically, a majority of residential setback s page 3
were requested to accommodate additions such as room and/or house additions in the side and/or rear yard setbacks (typically on irregular shaped or constrained properties). Bulk (c) s as part of a major or minor site plans are included in Table 2: Bulk Variances. TABLE 2: BULK VARIANCES 2013 Residential Non-Residential Parking/Driveways 3 Signage 7 Addition/House Setbacks 7 Parking 1 TOTAL 10 TOTAL 8 Also of note is that the majority of the bulk (c) applications for non-residential purposes were in conjunction with prior or current use requests where the Zoning Board has exclusive jurisdiction. A full list of bulk (c) s is included in Appendix B: Bulk (C) Variances. USE (D) VARIANCES Use s are potentially the most significant decisions that the Board can make. In reviewing the requests for use s, the trend continued for fewer use applications for cell phone towers. In fact, no applications for telecommunications towers were submitted to the Board in 2013. The reduction of these applications is due in part to the Township s new Zoning Ordinance, which makes provisions for telecommunication towers or antennae for commercial purposes as permitted accessory uses in certain zones and in accordance with specific requirements. A number of Zoning Permits have been issued for the replacement of existing antennas in accordance with section 432.D of Zoning Code. The remaining use applications were specific to use changes on particular parcels. A recitation of those use s is as follows: 1. An office/warehouse space for a company that develops wall partitions was granted permission in the B4 zone; 2. A law office and an accessory information technology website design office were granted permission in the RA zone; and 3. An increase in the permitted residential density of the Grand Apartments was granted permission in the R20 zone via the conversion of non-residential units into residential units. The quantity of use s and the nature of the requests might still continue to reflect the impact of the national recession. The overall amounts of applications were particularly low this year with only twelve (12) being heard in 2013 as compared to eighteen (18) in 2012. Table 3: Use Variance Applications lists the use s heard by the Board this year. Full descriptions of the applications are included in Appendix C: Use (D) Variances. page 4
TABLE 3: USE VARIANCE APPLICATIONS Location Zone Description of Proposed Use Decision 802 King Ave B4 1600 Springdale Road RA 1900 & 1920 Frontage Rd. R20 To permit an office and warehouse use for a company that develops wall partitions along with signage. To permit a law office and an accessory information technology website design office in a residential zone and to permit a monument sign of 17.6 SF where 3 SF is permitted. To replace commercial space on the 1st floor of Towers 1 and 2 of the Grand Apartments with 20 total apartments (9 units in Tower 1 and 11 units in Tower 2) and for various sidewalk and patio improvements. CERTIFICATES OF NON-CONFORMITY No requests were made this year for certificates of Non-Conformity, as was the case in 2012. SPECIAL QUESTIONS From NJS 40:55D-76b: The ZBA "shall have power to grant, to the same extent as the planning board, subdivision or site plan approval pursuant to article 6 of this act or conditional use approval pursuant to section 54 of this act, whenever the proposed development requires approval by the board of adjustment of a pursuant to subsection d. of section 57 of this act." While no requests for major site plans were heard by the Board, three (3) requests for minor site plans were made this year. All three (3) requests for a minor site plan were granted, with two (2) of the requests were in conjunction with use (d) and one (1) other was granted pursuant to a use (d) approval. RECOMMENDATIONS 1. Although there were ten (10) residential bulk s heard by the Board and granted, there are no specific recommendations for further revisions to the Zoning Ordinance due to the fact that these s are largely due to homeowners seeking to improve their properties and remain living within Cherry Hill Township. They should continue to be treated on a case by case basis without effectuating a zone-wide setback change. 2. Based on the complexities of the Regional Business (B4) Zone, it is suggested that this zoning district and the applicable density standards be amended to reflect existing conditions and provide for redevelopment opportunities that reflects the intent of a mixed use zone. 3. It is recommended that the escrow fees associated with application and requests be increased, as the current fee schedule is insufficient for both Planning and Zoning Board of Adjustment applications. 4. There are no other recommended changes to the Zoning Ordinance at this time. page 5
This Annual Report and the recommendations contained within are intended to represent both quantitative and qualitative summaries of the Cherry Hill Township Zoning Board of Adjustment s actions taken over the inclusive time period. Please provide any additional recommendations for Zoning Ordinance revision, based on the information presented above, and the experiences of the Zoning Board of Adjustment in this past year. Additionally, any comments regarding the Department of Community Development s recommendations and analysis should be provided to Department staff. page 6
Appendix A ZONING BOARD DECISIONS
APPENDIX A: ZONING BOARD DECISIONS Hearing Date 1/17/2013 (reorg) POA # 11-Z-0047 Applicant Address Block Lot Zone Relief Decision Description Lenny PT 1710 Park Blvd January 17, 2013 through December 19, 2013 53.01 17 R2 Minor Site Plan with Bulk (c)(x3) s 2/7/13 - CANCELLED To permit exterior modifications and various site improvements to an existing single family home wth a prior use aproval for a physical therapy office as a home occupation. Relief Sought 511-A.B; 505-A.C 12-Z-0045 Frances Rissmiller 106 Wexford Drive 471.07 21 RAPC Bulk (c)(x2) s To permit a kitchen addition in the side yard setback. 405-B(D) 2/21/2013 12-Z-0044 Modernfold Styles, Inc. 802 King Ave 21.01 6 B4 Minor Site Plan with Use (d1) and (d5) s and bulk (c) (x4) s To permit an office and warehouse use for a company that develops wall partitions along with signage. 417-B.F; 417- B.D; 517- A.G(3)(b)(i); 517- A.C(3)(b); 510-A.B(1); 513-A.B(6); N.J.S.A. 40:55D- 70d1&5 3/7/2013 12-Z-0027 1908 Marlton Pike East, LLC 1600 Springdale Road 526.01 2 RA Minor Site Plan with a use (d1) and a bulk (c) sign To permit a law office and an accessory information technology website design office in a residential zone and to permit a monument sign of 17.6 SF where 3 SF is permitted. 402-B.B; 517- A.F.2; N.J.S.A. 40:55D- 70d1 3/21/13 - Resolutions Only 4/4/13 - CANCELLED
APPENDIX A: ZONING BOARD DECISIONS Hearing Date 4/18/2013 POA # 13-Z-0008 January 17, 2013 through December 19, 2013 Applicant Address Block Lot Zone Relief Decision Description Robert McGraw Jr. 7 Seventh Ave 564.01 4 R3 Bulk (c) (x1) To permit the construction of an addition (bathroom, closet enlargement, and pool area storage) in the aggregate side yard setback. Relief Sought 406-B.D. 13-Z-0010 Hye Machtinger 113 White Oak Road 404.11 31 RAPC Bulk (c) (x1) To permit a front porch addition encroaching on the side yard setback. 403-B.D. 5/2/2013 05-Z-0050 JVS Regency Court 610 Cooper Landing Road 285.23 5 R2 Amended Preliminary and Final Site Plan 5/16/13 - Resolutions Only To permit the construction of 36 residential townhouses (had gotten prior proval for a Use (d) ). N/A 6/6/2013 13-Z-0009 Cherry Hill Real Estate Associates, LLC 1637-1641 Route 70 East 436.02 1 IR Bulk (c) (x5) sign s To permit a new double sided multitenant freestanding/monument sign. 517 A.I(3); 517 A.I(b)(iii); 517 A.C(2)(a); 517 A.C(3)(b); 517 A.D(22) 13-Z-0014 Eric & Laurie Grossman 1814 Russet Drive 528.39 27 R1 Bulk (c) (x1) To permit the construction of a 55 inch by 72 inch Bilco Door within the rear yard setback. 404-B.D. 6/20/13 - Resolutions Only 7/3/13 - CANCELLED
APPENDIX A: ZONING BOARD DECISIONS Hearing Date 7/18/2013 POA # 13-Z-0019 January 17, 2013 through December 19, 2013 Applicant Address Block Lot Zone Relief Decision Description Allstate Mgmt. Corp. (The Grand) 1900 & 1920 Frontage Rd. 463.09 2 R20 Use (d)5 Variance and a site plan waiver 8/1/13 - CANCELLED 8/15/13 - Resolutions Only 9/4/13 - CANCELLED 9/19/13 - CANCELLED 10/3/13 - CANCELLED 10/17/13 - CANCELLED 11/7/13 - CANCELLED To replace commercial space on the 1st floor of Towers 1 and 2 of the Grand Apartments with 20 total apartments (9 units in Tower 1 and 11 units in Tower 2) and for various sidewalk and patio improvements. Relief Sought N.J.S.A. 40:55D 70d5 13-Z-0037 Michael Palladino, Jr. 8 Winding Way 395.03 38 R3 Bulk (c) (x1) To permit a two story addition to be located within seven and a half feet (7.5 ) of the side property line, where a minimum side yard setback of at least ten (10 ) feet is required. 404.D 11/21/2013 13-Z-0038 Dr. Gregory Maslow 31 Dublin Lane 524.01 4 RA Bulk (c) (x1) To permit a fence with a height of seven and a half feet (7.5 ), where a maximum height shall of six (6 ) feet in height from grade level within the rear and side yards is required. 506.A.1.a 12/5/13 - CANCELLED 12/19/13 - CANCELLED
Appendix B BULK (C) VARIANCES
APPENDIX B: BULK (C) VARIANCES January 17, 2013 through December 19, 2013 No. POA Applicant Address Block Lot Zone Relief Decision Description Relief Sought 1 11-Z-0047 Lenny PT 1710 Park Blvd 53.01 17 R2 Minor Site Plan with Bulk (c)(x3) s To permit exterior modifications and various site improvements to an existing single family home wth a prior use aproval for a physical therapy office as a home occupation. 511-A.B; 505-A.C 2 12-Z-0045 Frances Rissmiller 106 Wexford Drive 471.07 21 RAPC Bulk (c)(x2) s To permit a kitchen addition in the side yard setback. 405-B(D) 3 12-Z-0044 Modernfold Styles, Inc. 802 King Ave 21.01 6 B4 Minor Site Plan with Use (d1) and (d5) s and bulk (c) (x4) s To permit an office and warehouse use for a company that develops wall partitions along with signage. 417-B.F; 417-B.D; 517-A.G(3)(b)(i); 517-A.C(3)(b); 510-A.B(1); 513- A.B(6); N.J.S.A. 40:55D-70d1&5 4 12-Z-0027 1908 Marlton Pike East, LLC 1600 Springdal e Road 526.01 2 RA Minor Site Plan with a use (d) and a bulk (c) sign To permit a law office and an accessory information technology website design office in a residential zone and to permit a monument sign of 17.6 SF where 3 SF is permitted. 402-B.B; 517- A.F.2; N.J.S.A. 40:55D-70d1 5 13-Z-0008 Robert McGraw Jr. 7 Seventh Ave 564.01 4 R3 Bulk (c) (x1) To permit the construction of an addition (bathroom, closet enlargement, and pool area storage) in the aggregate side yard setback. 406-B.D. 6 13-Z-0010 Hye Machtinger 113 White Oak Road 404.11 31 RAPC Bulk (c) (x1) To permit a front porch addition encroaching on the side yard setback. 403-B.D.
APPENDIX B: BULK (C) VARIANCES January 17, 2013 through December 19, 2013 No. POA Applicant Address Block Lot Zone Relief Decision Description Relief Sought 7 13-Z-0009 Cherry Hill Real Estate Associates, LLC 1637-1641 Route 70 East 436.02 1 IR Bulk (c) (x5) sign s To permit a new double sided multi-tenant freestanding/monument sign. 517-A.I(3); 517- A.I(b)(iii); 517- A.C(2)(a); 517- A.C(3)(b); 517- A.D(22) 8 13-Z-0014 Eric & Laurie Grossman 1814 Russet Drive 528.39 27 R1 Bulk (c) (x1) To permit the construction of a 55 inch by 72 inch Bilco Door within the rear yard setback. 404-B.D. 9 13-Z-0037 Michael Palladino, Jr. 8 Winding Way 395.03 38 R3 Bulk (c) (x1) To permit a two-story addition to be located within seven and a half feet (7.5 ) of the side property line, where a minimum side yard setback of at least ten (10 ) feet is required. 404.D 10 13-Z-0038 Dr. Gregory Maslow 31 Dublin Lane 524.01 4 RA Bulk (c) (x1) To permit a fence with a height of seven and a half feet (7.5 ), where a maximum height shall of six (6 ) feet in height from grade level within the rear and side yards is required. 506.A.1.a
Appendix C USE (D) VARIANCES
APPENDIX C: USE (D) VARIANCES January 17, 2013 through December 19, 2013 No. POA Applicant Address Block Lot Zone Relief Decision 1 12-Z-0044 Modernfold Styles, Inc. 802 King Ave 21.01 6 B4 Minor Site Plan with Use (d1) and (d5) s and bulk (c) (x4) s 2 12-Z-0027 1908 Marlton Pike East, LLC 1600 Springdale Road 526.01 2 RA Minor Site Plan with a use (d) and a bulk (c) sign 3 13-Z-0019 Allstate Mgmt. Corp. (The Grand) 1900 & 1920 Frontage Rd. 463.09 2 R20 Use (d)5 Variance and a site plan waiver
Description To permit an office and warehouse use for a company that develops wall partitions along with signage. To permit a law office and an accessory information technology website design office in a residential zone and to permit a monument sign of 17.6 SF where 3 SF is permitted. To replace commercial space on the 1st floor of Towers 1 and 2 of the Grand Apartments with 20 total apartments (9 units in Tower 1 and 11 units in Tower 2) and for various sidewalk and patio improvements. Relief Sought 417-B.F; 417-B.D; 517-A.G(3)(b)(i); 517-A.C(3)(b); 510-A.B(1); 513- A.B(6); N.J.S.A. 40:55D-70d1&5 402-B.B; 517- A.F.2; N.J.S.A. 40:55D-70d1 N.J.S.A. 40:55D- 70d5
Appendix D 2013 ZONING BOARD APPLICATIONS MAP