TOWNSHIP OF MONROE

ZONING BOARD MINUTES

MINUTES OF REGULAR MEETING

March 30, 2021

Meeting called to order at 6:30 P.M. by Chairman Vincent LaFata who led the salute to the Flag.

Chairman Vincent LaFata read the Sunshine Law as follows: In accordance with the Open Public Meetings Act, it is hereby announced and shall be entered into the minutes of this meeting that adequate notice of this meeting has been provided by the following:

Posted on January 1, 2021 on the Bulletin Board of the Office of the Township Clerk, Municipal Complex, 1 Municipal Plaza, and remains on file at that location for public inspection;

Posted on the Bulletin Board of the Office of the Township Clerk;

Posted on the Bulletin Boards within the Municipal Complex;                                 

Printed in the Home News Tribune and Cranbury Press on January 1, 20 21;                   

Posted on the Monroe Township website; and                           

Sent to those individuals who have requested personal notice.

MEMBERS PRESENT:      Chairman Vincent LaFata, Vice Chairwoman Carol Damiani, Mr. Gary Busman, Ms. Rajani Karuturi, Mr. Donato Tanzi, Alternate #1 Mr. Richard Lans, Alternate #2 Mr. Arnold Jaffe and Alternate #3 Mr. Nicholas Morolda.  Also present for the Board were Attorney Peter Vignuolo, Planner Rob Russo, Engineer Mark Rasimowicz and Director of Planning & Zoning Mr. Joe Stroin.

MEMBERS ABSENT:         Mr. Marino Lupo and Mr. Louis Masters.

A motion to approve the   February 23, 2021 Minutes made by Mr. Richard Lans and seconded by Mr. Donato Tanzi and passed unanimously by all members present.

BA-5193-19                          New Cingular Wireless PCS; Request for Use Variance with Amended Site Plan and Bulk Variances; Block 20, Lot 28.10; Located at 224 Federal Road, In the RR-FLP Zone

See attached transcript.

BA-5191-20                          Danley Properties, LLC; Request for Use Variance with Minor Site Plan and Bulk Variances; Block 24, Lot 2.01; Located at 9 Federal Road, In the RR-FLP Zone

Represented by Mr. Jeffrey Change who stated this application is seeking approval of a use variance and preliminary and final site plan to expand a non-conforming use.  We are proposing to construct 2,800 square foot steel building to support the exiting generator and electrical contracting business.  The property is known as block 24, Lot 2.01 located on Federal road in the RR-FLP Zone.

Mr. Shari Aly, applicant’s Engineer stated the property is approximately 7.83 acres and is encumbered with wetlands along its rear.  It is located on Federal Road in the is located in the Rural Residential-Farmland Preservation Zone.  The has an existing 8,782 square foot two-story building with 6,932 square foot of warehouse space and a two-story office containing a total of 1,850 square feet.  The site also contains a shed, generators, a propane tank and paved parking and loading areas.   In July 1994, a use variance was approved by the for assembly of cabinets and related furniture with no retail.  The July 1994 Board approval also grant a waiver from minor site plan approval.  By subsequent approval in October 1994, the Board amended the prior approval to eliminate conditions related to: (a) delineation of wetlands on the Subject Property; and (b) provision of proof that the exiting well and septic system were functioning properly.  Finally, in 2016, the Applicant received a zoning permit to use the Subject Property for: an electrical contractor; a generator installer; warehousing electrical material and equipment; and office personnel and operations.  The current application seeks a use variance, bulk variances, submission waivers and design waivers, as well as preliminary and final site plan approval in order to construct a 2,800 square foot stand-alone steel building to support the existing generator installation and electrical contracting business.  The Applicant’s generator installation and electrical contracting business is not a permitted use in the RR-FLP zone.  A majority of the requested bulk variance conditions are caused by the re-zoning of the area.  He identified an existing loading dock and loading area.  He also noted the location of a dumpster in the rear yard.  He also noted most of the equipment is currently stored in the fenced in area behind the building; however, he noted that the outdoor area was no longer sufficient in size for the business operation.  He stated the application is for a proposal to construct a 2,800 square feet pole barn for the storage of the equipment, as well as for some office use.  We are also removing approximately 1,800 square feet of pavement from the parking area; and adding approximately 840 square feet of new pavement near the existing office.  The parking area, consisting of 25 spaces, will re-striped a with one (1) ADA parking space to be provided; although there are very few visitors to the site. 

Walter Danley, the principal of the Danley Electric, provided testimony stated they operate between 7:00 a.m. to 6:00/7:00 p.m., Monday through Saturday.  We employ about 12-14 technicians who perform electric, plumbing, generator installation and generator maintenance services.  The technicians typically arrive at the site at 7:00 a.m., load their vehicles and leave the site to service customers and return to the between 6:00-7:00 p.m., empty their vehicles and go home.  He stated some of the technicians bring their vehicles home with them.  The office staff consists of approximately seven (7) individuals and typically work from 8:00 a.m. to 5:00 p.m.  We do not conduct any sales from the building; and that few customers visit the site.  He stated that about 4-5 customers come to the site on a weekly basis to drop off paperwork, surveys or plans. We do receive about 4-5 deliveries per week and that deliveries are primarily by small box truck; but that deliveries are made by a larger (48-foot) box truck once every two weeks.  There are approximately 14-15 vehicles parked on the site during the day; and 12 trucks parked in the gated area overnight.  We do perform minor motor vehicle maintenance on its vehicles on the site but no major motor vehicles repairs (transmission work/engine work) are performed at the site. 

Frank Antisell, applicant’s Planner, provided testimony concerning the proposed application and the planning justification for the variance relief being requested by the Applicant. There are existing bulk variance conditions; namely, lot area (7.83 acres), front yard setback (53 feet), side yard setback (33 feet), lot coverage (12.7%), side yard setback – accessory structure (19.7 feet), loading stall size (15.5 feet x 40 feet), driveway width at curb line (70 feet), buffer width from right-of-way/property line (53 feet/19.7 feet) and freestanding sign (6 foot high/32 square feet/freestanding sign) (“Existing Bulk Variance Conditions”).  He also noted that the Applicant required new variance relief for:  parking location – where parking not permitted in a front yard and four (4) parking spaces proposed in the front yard; parking stall size - where dimensions of 10 feet by 20 feet are required and dimensions of 9 feet by 18 feet proposed (“New Bulk Variance Conditions”).  The applicant is seeking a use variance to expand the generator installation and electrical contracting business which is not a permitted use in the RR-FLP Zone.  He stated the site was suitable for this use; identifying a number of other commercial and industrial uses within the vicinity of the property.  He also noted a dense tree buffer which screened the use from adjoining properties.  He also stated that if the property were being used as a conforming farm use, the pole barn structure would be permitted.  The purpose of the proposed pole barn was to move the inventory from the outdoor storage area into a building.  He noted that this would provide additional screening for the materials; which are currently stored outside in the rear storage area. 

PUBLIC:

Ms. Michele Arminio stated this is an existing business and let them have an approval.  They have been a small business owner for years and looking to stay here. 

Mr. Charlie DiPierro stated the same concern, that it is an existing business and looking for a small building to expand his growing business.

Mr. Mark Rasimowicz, Board Engineer, has no objections subject to applicant’s compliance with report dated February 22, 2021.

Mr. Rob Russo, Board Planner, has no objections subject to applicant’s compliance with report dated March 18, 2021.

Motion to approve made by Mr. Richard Lans and seconded by Mr. Gary Busman and passed unanimously by all members of the Board present.

BA-5171-19                          Chabad Labavitch Jewish Center; Request for Conditional Use Variance with Preliminary and Final Site Plan and Bulk Variances; Block 27.02, Lot 17.02; Located at 152 Prospect Plains Road, In the R-30 Zone

(Mr. Gary Busman and Mr. Arnold Jaffe steeped down)

Represented by Mr. Lawrence Sachs who stated this application is before the board seeking use variance and site plan approval with bulk variances.  We have complied with notice requirement.

Rabbi Zaklikovsky stated the activities on the site.

Mr. Marc Leber, applicant’s Engineer began with the intersection and traffic flow.

Chairman Vincent LaFata stated that due to the ate house, this application will be carried without notice the April 27, 2021 meeting.

MEMORIALIZATION

BA-5190-20              Alfred Barreto, a motion to approve made by Ms. Carol Damiani and seconded by Chairman Vincent LaFata and passed unanimously by all members of the Board present.

DICUSSION

A motion to approve request for additional funds for Attorney in the matter known as Black Rock Enterprises, LLC vs. Monroe Township Zoning Board made by Mr. Richard Lans and seconded by Mr. Donato Tanzi and passed unanimously by all members of the Board present.

A motion to approve request for additional funds for Attorney in the matter known as CT07 SPII, LLC and DT07 SPII, LLC vs. Monroe Township Zoning Board made by Mr. Gary Busman and seconded by Ms. Carol Damiani and passed unanimously by all members of the Board present.

A motion to adjourn at 10:05 p.m. made by Mr. Gary Busman and seconded by Mr. Donato Tanzi and passed unanimously by all members of the Board present.

Respectfully submitted,

LAURA ZALEWSKI

ZONING BOARD SECRETARY