MINUTES OF THE HARDYSTON TOWNSHIP ZONING BOARD OF ADJUSTMENT MEETING HELD AUGUST 3, 2000

STATEMENT OF COMPLIANCE: Pursuant to the Open Public Meetings Act, Chapter 231, P.L. 1975, adequate notice as defined in Section 3D of Chapter 231 P.L. 1975 has been made to the New Jersey Herald and is also posted on the Bulletin Board at the Hardyston Township Municipal Building.

ROLL CALL:

Ann Kievit - Excused
Bill Walsh - Excused
Jim Armstrong - Present
Carl Miller - Present
Santo Verrilli - Present
J. Laughlin - Excused
David Toye - Present
Gary Bargiel - Excused
Candace Leatham - Present

APPROVAL OF MINUTES:

Minutes of the July 6, 2000 meeting were reviewed. A motion was made by Mr. Armstrong and seconded by Mr. Verilli to approve the minutes. All were in favor. Motion was carried.

APPLICATIONS:

Oehrlich, Danielle- Block 62, LOT 18.11 - ZB-00-1: Carl Nelson, Esq., was present to represent the applicant. Gail Benbenek and Danielle Oehrlich were sworn in.

Danielle Oehrlich gave her qualifications as a gymnastics instructor. She advised that their current business is located in Sparta, but their current facility is not large enough to accommodate their growth. She advised that they looked for an alternative site, but found that most available spaces could not accommodate their height needs and space and large room sizes. Mrs. Benbenek testified of their search. She advisedthat over 85% of gymastic schools in NJ work out of industrial areas. Mr. Nelson asked if they found any municipalities that specifically permitted gymnastics schools as a permitted use in the industrial zone.

They also noted that the cost of retail space did not make it feasible for them to rent space in the business zone. She indicated that they need a 40 x 40 space clearance area. They advised that Ultimate Gymnastics another school that was located in White Lake industrial park and are now in the Wilson Industrial Park and they also advised that there is another gym in a Flanders industrial park.

Mrs. Benbenek advised that there are other instances where the gyms located within industrial parks are compatible with the other uses in the area. They advised that they did considerable research and felt that Hardyston was a prime location for their school as a result of the growth in the Hardyston Vernon area, without losing their Sparta customer base.

The applicant provided a map of the State of New Jersey which showed where other gymnastics schools exist at the time of the study. The map was marked as Exhibit A-1.

Exhibit A-2 was a poster display of the activities that take place at the gym. Also submitted as Exhibit A-3 was a study conducted showing the need for the school. The author was Linda Botcho.

The applicant pointed out the lot that they propose to build the facility on. It is located at the end of Park Drive at the end of the cul-de-sac. It was noted that the property is located in the I-2 Zone. The directory with the industrial locations highlighted was marked as A-4.

It was confirmed that Danielle is the contract purchaser of the property. The contract of sale contains a provision that they have to be permitted to conduct their business at the property. Mr. Brigliodoro asked if there was a date certain for the closing.

Mr. Nelson stated that they want to establish the use issue before they invest in the development of a site plan.

They are proposing a 72 ' wide x 125' long building. It was stated that the lot is currently vacant.

Mr. Brigliodoro advised the Board that they needed to determine under the interpretation portion of the application whether or not the use is permitted in the zone.

Mr. Brigliodoro advised the Board on the statutes regulating interpretations. He further noted that none of the uses specifically called out for in the zone states Gymnastics school as a permitted use, however, there is a catchall phrase that allows for uses that the Zoning Board finds that a specific use is compatible, etc. If the Board can find that it is compatible with the specified permitted uses or are of the same character as the permitted uses, it can be found to be permitted. He further advised what types of uses are permitted as accessory uses or conditional uses.

The hearing was opened to the public. Blanche Stuckey asked whether there were any other areas in the Township that was zoned as I-2. Mr. Guerin answered her question.

A motion was made to deny the applicant's request for an interpretation that the gymnastics as a permitted use in the I-2 Zone. The motion was seconded by Mr. Verrilli. Roll Call: Miller, yes; Armstrong, yes; Verilli, yes; Toye, yes; Leatham, yes. Motion was carried.

The applicant wanted to confer regarding whether or not they wanted to proceed with their use variance application tonight or come back next month.

The Board went to the review of their resolutions.

RESOLUTIONS:

Sussex National Development Corporation - Block 14, Lots 22.01 and 24.01 - ZB-7-00-1: A motion was made by Verrilli and seconded by Mr. Armstrong to adopt the resolution. Roll Call: Armstrong, yes; Verilli, yes; Toye, yes; Leatham, yes; Miller, yes. Motion was carried.

Sussex National Development Corporation - Block 14, Lot 24.1 - ZB-7-00-1: The resolution was reviewed. A motion was made by Mr. Armstrong, seconded by Mrs. Leatham to adopt the resolution. Roll Call: Miller, abstained, Armstrong, yes; Verilli, yes; Toye, yes; Leatham, yes. Motion was carried.

Boyer, Jeff - Block 75, Lot 17.04 - ZB-7-00-1: The resolution was read into the record. A motion was made by Mr. Verilli, and seconded by Mr. Armstrong to adopt the resolution. Roll Call: Miller, yes; Armstrong, yes; Verilli, yes; Toye, yes; Leatham, yes. Motion was carried.

The applicant returned to the Board and advised that they wished to return next month to give testimony relative to the use variance application.

The applicant's notice was preserved and the matter was carried to the September 7, 2000 meeting.

BILLS:

Motion was made to pay the bills by Mr. Toye and seconded by Mrs. Leatham. All were in favor. Motion was carried.

ADJOURNMENT: Having no further business, a motion was made by Mr. Toye and seconded by Mr. Verilli to adjourn the meeting. All were in favor. Motion was carried. Meeting was adjourned.

Minutes prepared by:

Marianne Smith