TOWNSHIP OF MONROE

ZONING BOARD MINUTES

MINUTES OF REGULAR MEETING
November 26, 2019

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 4, 2019;                     

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. Dhaval Patel, Mr. Henry Sloan, Mr. Michael Maiolo, Alternate # 1 Mr. Louis Masters, Alternate # 3 Ms. Rajani Karuturi and Alternate # 4 Mr. Donato Tanzi.  Also present for the Board were Attorney Karl Kemm, Planner Mark Remsa and Engineer Mark Rasimowicz.

MEMBERS ABSENT:           Mr. Marino Lupo, Ms. Jennifer Hluchy and Alternate # 2 Mr. Gary I. Busman. 

A motion to approve the October 29, 2019 Minutes made by Mr. Patel and seconded by Mr. Sloan and passed with Mr. LaFata abstaining.

BA-5164-18                            Rishrah Properties, LLC c/o Jigya Patel; Request for Preliminary                                               and Final Site Plan with Bulk and Use Variances; Block 26, Lot                                                   20.03; Located on Applegarth Road in the R-30 Zone

Represented by Walter Toto who stated this application is before the Board for a Use Variance, Preliminary and Final Major Site Plan approval, Bulk Variances and Design Exceptions, in order to construct a Medical office on the property located at 277 Applegarth Road, being Block 26, Lot 20.03

Mrs. Jigya Patel is the owner of the property.  She is married and had 2 children and resides in Belle Mead.  We currently have location in Kendall Park and are subleasing in Monroe for the past 4 years.  We intend to end the sublease and move into this location.  I purchased the property in 2017.  She is office manager and husband is cardiologist.  There is only 1 cardiologist in office at a time with staff.  No rotating plans.

Mr. Jayesh Patel, applicant’ s Engineer from Crest Engineering stated The Property, which is irregularly shaped and contains about 3.01 acres. The Property fronts along Applegarth Road (CR 619).  A two-story frame dwelling with a shed, a small greenhouse and large paved parking area exist on the Property, and the majority of the lot appears to be wooded.  The dwelling is served by public water supply and an on-site septic system; therefore, the requirements of the R-60 Residential District apply.  There are detached single-family dwellings next to this property.  Across is Clearbrook development, their maintenance yard and buildings for Clearbrook and its golf course.  A medical office is not permitted in the R-30 or R-60 zones; therefore, a use variance is necessary.  The Applicant proposes to remove the existing shed, green house and deck, and widen the existing driveway and stripe the pavement to provide parking stalls.  The existing dwelling will be renovated to provide a medical office on the first floor and the second floor will be used for storage only.  The Applicant agreed as a condition of approval that the second floor will on be used for storage.  The medical office will be a cardiology practice which operates under the business name 24-7 Heart and Vascular.  There will only be two (2) employees Dr, Patel and a staff member.  There will only be two (2) examination rooms.  The doctor sees patients only by appointment.  The maximum number of patients per day is ten (10).  The days and hours of operation for the medical office are: Monday through Friday from 9:00 a.m. to 5:00 p.m. with staff on site at 8:00 a.m.  The dwelling contains 1,925 square feet of gross floor area of which 1,445 square feet will be for medical use and 480 square feet for storage.  No blood work will be done on the premise, and all trash and recyclables will be picked up by a licensed hauler.  The following Variances from the requirements of the R-30 Residential Zone are required: Minimum Front Yard Setback, Minimum Buffer along Road, Minimum Distance from Parking to Building, Minimum Buffer Screen Parking to Residential Property, Maximum Open Fence Height in Front Yard and Driveway Apron.  The following Design Exceptions are required: Curbed Radii for Driveways along Arterial Roads, Parking Lot Landscaping Adjoining Residential Properties, Curbing along Streets and Parking Lots, Sidewalks along Streets, Street Trees and Maximum Driveway Width.

Ms. Lorali Totten Applicant’s Planner from Crest Engineering stated We have met the positive and negative criteria and have shown special reasons for the Use Variances required for this Application.  The proposed use, a medical office, although not an inherently beneficial use, does provide a benefit to the community.  We submit that the Application will advance the purposes of the Municipal Land Use law as contains in N.J.S.A. 40:55D-2, specifically sections (c), (g) and (i).  Purpose (c) is advanced as the Applicant will repurpose and existing building with minimal changes and will retain it residential character.  Purpose (g) is advanced as the Applicant’s use is not intense, and the disturbance of the land will be minimal and will be outside of the flood plan and wetlands.  Purpose (i) is advanced as the Applicant will retain the residential character of the dwelling, and it’s use as a medical office is a good transitional use to the existing medical use to the north and the maintenance facility to the south.  The Applicant also submits that with the conditions agreed upon, that negative criteria are met as the Application will not have substantial negative impact for the reasons supporting the positive criteria.  Additionally, the use is not an intense use, the improvements are minimal, and the flood plan and wetlands areas remain protected.  Finally, the Applicant submits that it has demonstrated that on balance the use will not have a substantial detriment to the public good or a substantial detriment to the public good, on the zone plan, or the Master Plan.  We further submit that all of the reasons supporting the Use Variance pursuant to N.J.S.A. 40:55D-70(d)(1) are equally applicable to and justify the Bulk Variances requested pursuant to N.J.S.A. 40:55D-70(c)(2).  Additionally, the Applicant notes that many of the potential impacts of the Bulk Variances are ameliorated by the conditions agreed upon and design features.  The Applicant submits that with the conditions agreed upon, that the granting of the Bulk Variances 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 far outweigh any detriments.  Finally, we submit, subject to the conditions agreed upon by the Applicant and those imposed by the Board, that the Preliminary and Final Major Site Plan is in substantial compliance with N.J.S.A. 40:55D-38, 39, 41 and 50, and the applicable Township Ordinances, and advances sound land use principals and that Preliminary and Final Major Site Plan approvals are justified and should be granted.  We submit that, subject to the conditions agreed upon, that the requested Design Exceptions are reasonable and within the general purposes and intent of the Ordinances and that literal enforcement of the Ordinances is impractical and will exact undue hardship because of the peculiar conditions pertaining to this Property and can be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of the Township’s Master Plan and Zoning Ordinances.

PUBLIC:

Les Barta asked about emergency access and a stretcher access into building.

Mr. Mark Rasimowicz, Board Engineer, has no objections subject to applicant’s compliance with report dated May 14, 2019.

Mr. Mark Remsa, Board Planner, has no objections subject to applicant’s compliance with report dated May 2, 2019.

Motion to approve made by Mr. Vincent LaFata and seconded by Mr. Dhaval Patel and passed unanimously by all members of the Board present.

BA-5168-18                            PDC Atlanta, LLC; Request for Bulk and Use Variances; Block 82,                                                Lot 3.01; Located on Cranbury South River Road in the R-30 Zone

(See attached transcript.)

MEMORIALIZATION

BA-5172-19                Applegarth Congregation of Jehovah’s Witnesses, a motion to approve made by Mr. Dhaval Patel and seconded by Mr. Henry Sloan and passed unanimously by all members of the Board present.

DISCUSSION

Motion to approve appointment of Karl Kemm as attorney in the matter known as Black Rock Enterprises, LLC vs. Monroe Township Zoning Board ET AL. made by Mr. Dhaval Patel and seconded by Mr. Vincent LaFata and passed unanimously by all members of the Board present.

A motion to adjourn at 11:20 p.m. made by Mr. Dhaval Patel and seconded by Mr. Henry Sloan and passed unanimously by all members of the Board present.

Respectfully submitted,

 LAURA ZALEWSKI

ZONING BOARD SECRETARY