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Zoning Minutes | Mar 27, 2018

TOWNSHIP OF MONROE ZONING BOARD MINUTES

MINUTES OF REGULAR MEETING

March 27, 2018

Meeting called to order at 7:00 P.M. by Chairwoman Carol Damiani who led the salute to the Flag.

Chairwoman Carol Damiani 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 6, 2017 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 5, 2018;                    

Posted on the Monroe Township website; and

Sent to those individuals who have requested personal notice.

MEMBERS PRESENT:       Vice Chairman Vincent LaFata, Mr. Marino Lupo, Mr. Joseph W. Gurney, Mr. Dhaval Patel, Mr. Henry Sloan, Alternate #2 Ms. Jennifer Hluchy and Alternate #3 Mr. Louis Masters.  Also present for the Board were Attorney Karl Kemm, Planner Mark Remsa, and Engineer Mark Rasimowicz.

MEMBERS ABSENT:         Chairwoman Carol Damiani, Mr. Mark Klein and Alternate #1 Mr. Stanley Teller.

A motion to approve the February 27, 2018 Minutes made by Mr. Henry Sloan and seconded by Mr. Joseph Gurney and passed with Mr. Dhaval Patel abstaining.

BA-5146-17                           Applegarth Estates, LLC (Gardens @ Monroe);Request for Use Variance; Block 15, Lot 10.03; Located on Applegarth Road, In the R-60 (Residential) Zone

Mr. Ken Pape asked that this matter be withdrawn from the agenda and extended the time to July 1, 2018 to resubmit revised plans and meet with the neighbors again before appearing at the Zoning Board.

BA-5151-17               CSF, LLC; Request for Certification of Prior Non-Conforming Use per

MLUL Section 68; Block 31, Lot 1 Located on Federal Road in the RR-FLP (Rural Residential / Farmland Preservation Dist.) Zone

Represented by Mr. Walter Toto who stated this application is for the issuance of a Certificate of Non-Conformity pursuant to N.J.S.A. 40:55D-68, in order to continue the existing use of a certain building for the storage and warehousing of vehicles on the Property located at 20 Federal Road being Block 31, Lot 1.  The zoning changed in 2003, which creates the nonconformity which is the subject of this Application.  Prior to 2003, it was zoned Light Impact Industrial “LI” which permitted indoor warehousing.  In 2003, the zone was changed to Rural Residential Farmland Preservation “RR-FLP” and the vehicle warehousing and storage was no longer a permitted use or a conditional use. 

Mr. Robert Cintron, the applicant, stated he has been a tenant on the property since 2007.  He rents the larger of the two (2) metal buildings on for the storage of motor vehicles.  The building is approximately 80 feet by 100 feet metal building.  We store approximately 80 motor vehicles, which have been seized by federal agents due to criminal activity.  There are no employees other than myself and my wife. Two (2) tow trucks/flat beds and two (2) personal vehicles used by us for traveling to and from the site are parked on site.

Mr. Dominick Vavona, Jr. of Amusements of America stated they have owned the property since the 1930’s and operated their traveling carnival business here since the 1970’s. We have used the property and both of the metal buildings, including the building rented by CSF, for the fabrication, maintenance, repairing, painting, and, the storage and warehousing of vehicles, equipment and rides.  This use of the property and both buildings commenced in the 1970’s and has continued through the present, until 2007 when CSF began their operation, which has continued through present.

Mr. Dhaval Patel questioned the delinquent taxes and asked Board Attorney for recommendation.

Mr. Karl Kemm, Board Attorney stated since it has been raised with concerns regarding the delinquent taxes, the property owner can agree as a condition of approval to pay all taxes due within sixty (60) days of the date of the adoption the resolution.

Mr. Walter Toto agreed.

Mr. Vincent LaFata was concerned regarding the condition of the existing framed structure on the northern side of the property. 

Mr. Walter Toto stated we will agree as a condition of approval to make a request to the building department within thirty (30) days of the date of the adoption this Resolution, to inspect the framed structure.  If they find that the framed structure is structurally unsafe that it will be removed within thirty (30) days of the building department’s determination. This condition shall be satisfied prior to the Zoning Officer issuing a Certificate of Non-Conformity.

Mr. Mark Rasimowicz, Board Engineer, has no objections subject to applicant’s compliance with report dated January 11, 2018.

Mr. Mark Remsa, Board Planner, has no objections subject to applicant’s compliance with report dated February 1, 2018.

Motion to approve made by Mr. Dhaval Pateland seconded by Mr. Louis Mastersand passed unanimously by all members of the Board present.

BA-5137-17                           Black Rock Enterprises, LLC;Request for Use Variance; Block 53, Lot 15.07; Located on Spotswood Englishtown Road, in the R-60 (Residential) Zone

(See attached transcript.) 

MEMORIALIZATION

No resolutions to be adopted. 

PUBLIC PORTION

Mr. Marty Hermann stated he purchased the property known as Eagle River Day Camp and looks forward to serving the community.  We would like be open for summer.

Mr. Karl Kemm stated that we should not hear more, because it can prejudice an application before this Board.  

A motion to adjourn at 10:25 p.m. made by Mrs. Jenifer Hluchyand seconded by Mr. Dhaval Pateland passed unanimously by all members of the Board present.

Respectfully submitted,

LAURA ZALEWSKI

ZONING BOARD SECRETARY