Zoning Minutes | April 30, 2019
TOWNSHIP OF MONROE
ZONING BOARD MINUTES
MINUTES OF REGULAR MEETING
April 24, 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: Chairwoman Carol Damiani, Vice Chairman Vincent LaFata, Mr. Marino Lupo, Mr. Joseph W. Gurney, Mr. Dhaval Patel, Mr. Mark Klein, 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: Alternate #1 Mr. Stanley Teller.
A motion to approve the March 27, 2018 Minutes made by Mr. Henry Sloan and seconded by Mr. Vincent LaFata and passed unanimously by all members 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
Carried to June 26, 2018 meeting without notice.
BA-5121-16 Love’s Tree Removal; Request for Use Variance; Block 32, Lots 14.01 & 15.01 located on Buckelew Avenue in the RR-FL(Rural Residential / Farmland Preservation Dist.) Zone
Carried to May 29, 2018 with notice requirements.
BA-5157-17 Apex Swim School c/o Robert Howell; Request for Use Variance; Block 79, Lot 1.01; Located on Possum Hollow Road, in the LI (Light Industrial) Zone
Represented by Mr. Ken Pape who stated this application is for use of 50% of a building for a swim school. The property is a small industrial park with about 42,500 square feet and a total of 5 building. The 4th building is under construction. There are 4 people to testify before the board tonight: Mr. Sharif Aly as Engineer, Mr. John Rea as Traffic Engineer, Mr. Zamora as owner and Ms. Allison Coffin as Planner. The Planning Board granted preliminary and final site plan approval for a five (5) building industrial park with a total of 42,500 square feet of building space. The Planning Board also, granted amended preliminary and final site plan approval to increase the size of the project to a total of 46,300 square feet of building space. In 2011the Zoning Board granted a Use Variance application for a party facility to occupy existing Building 2 which was never perfected. This Applicant seeks Use Variance approval to use 5,834 square foot portion of Building 4, which contains a total of 11,820 square feet. The remaining 5,986 square feet of Building 4 will be occupied by another tenant and is not before the Board as part of this application. The proposed swim school is not a permitted use in the L-I zone.
Mr. Sharif Aly, applicant’s Engineer, stated the property, which is irregularly shaped and contains about 6.9 acres, is located on Possum Hollow Road. The Property was approved for 46,300 square feet of light industrial space in 5 buildings. Three building have been constructed, the fourth which is the subject of this use variance, known as Building 4, is under construction and the fifth has not been constructed. Residential dwelling exists to the north in neighboring Jamesburg Borough and to the west along Possum Hollow Road in Monroe Township. Industrial development exists to the east and south. The Property is located in the LI Light Industrial zone. Also the proposed site contains a total of 114 parking spaces which is in excess of the minimum required number of 87 spaces. The Applicant agreed to all professional reports except items 12 and 13 in Board Engineers report. We agree to meet with Board Engineer prior to school opening for his approval of the safety improvements to be in place. If we cannot address the Board Engineer’s satisfaction, we will for site plan approval.
Mr. John Rea, applicants Traffic Engineer stated No additional parking spaces are required for the swim school will not create a negative traffic impact and is less intensive than other permitted and approved uses on the property.
Mr. Zamora, owner of Apex Swim School, stated we propose to operate a swim school, which is not permitted in the LI zone. We will have 3 employees. Daily schedules are as follows: Mornings, 1 class per day with 6 to 8 participants that would generate a parking demand of 11 spaces (3 employees + 8 participants); 4 p.m. to 6 p.m., private one-on-one lessons with a maximum of 3 students and 3 instructors that would generate a parking demand of 9 spaces (3 students + 3 instructors + 3 overlapping students) and then from 6:30 p.m. to 9 p.m., swim practice for a maximum of 10 swimmers that would generate a parking demand of 13 spaces (10 swimmers + 3 instructors). This is a swim school for its students/swim team members and not a swim club. Due to the small size of the pool that it would not be used to host swim meets with other swim teams.
Ms. Allison Coffin, applicant’s Planner stated on the record, that we have met the positive and negative criteria and have shown special reasons for the Use Variance, pursuant to N.J.S.A. 40:55D-70(d)(1). The Application advances a number of express purposes of the Municipal Land Use Law contained in N.J.S.A. 40:55D-2 including providing recreational uses and advancing public health and safety by teaching individual to swim. The Property is also particularly suited for this use as the use requires large indoor facilities, which is already constructed, and that there is ample parking already on site. As the swim school operation is conducted indoors, it does not create any negative impacts such as noise, light or pollution. The Township’s master plan which notes that one or two private swimming facilities would be appropriate and that presently none have been constructed. Further, the use does not visit a permanent damage to the master plan and/or zoning ordinances, as the manner of construction of the pool makes it easily removable should the swim school no longer operate, so that the Property may be used for permitted uses. Finally, due to the size, configuration, location of the Property, and conditions agreed upon by the Applicant, the Application will not have a substantial detriment, to the public good, on the zone plan, or the Master Plan, and that the benefits of the Application outweigh any detriments.
Mr. Mark Klein asked about if parties go on, and parents stray if the parking can handle the amount of cars. (No parties.)
Mr. Henry Sloan asked if open 7 days. (Yes.)
Mr. Marino Lupo asked how deep the pool is. (5 feet) stated plan should be corrected shows 4 feet. Also, any vending machines. (No.)
Mr. Vincent LaFata asked where the showers / locker room are and if straight access into pool. (No.) Questioned the safety with the steps and surrounding area.
Mr. Mark Rasimowicz, Board Engineer, has no objections subject to applicant’s compliance with report dated December 8, 2017.
No public to be heard.
Mr. Mark Remsa, Board Planner, has no objections subject to applicant’s compliance with report dated November 9, 2017.
Motion to approve made by Mr. Vincent LaFata and seconded by Mr. Dhaval Patel and passed unanimously by all members of the Board present.
MEMORIALIZATION
BA-5151-17 CSF, LLC, a motion to approve made by Mr. Henry Sloan and seconded by Mr. Dhaval Patel and passed with Chairwoman Carol Damiani and Mr. Mark Klein abstaining.
A motion to adjourn at 8:05 p.m. made by Mr. Mark Klein and seconded by Mr. Marino Lupo and passed unanimously by all members of the Board present.
Respectfully submitted,
LAURA ZALEWSKI
ZONING BOARD SECRETARY