MINUTES OF THE HARDYSTON TOWNSHIP ZONING BOARD OF ADJUSTMENT MEETING HELD MAY 4, 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 - Present
Jim Armstrong - Present
Carl Miller - Present
Santo Verrilli - Present
J. Laughlin - Excused
David Toye - Present
Gary Bargiel - Present
Candace Leatham - Present

APPROVAL OF MINUTES:

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

APPLICATIONS:

Playbiz Biz, Inc. Block 60, Lots 8, 9 & 10 - ZB-5-00-1:

Michael Garafalo, Esq., came forward to present the application. Thomas Kanutelsky, P.E. from Pellow & Associates, David Simmon, Jr., Project Planner, Mitchell Berlant, Builder/Developer, were all sworn in.

Mr. Garafalo noted that they were seeking variances for a rear-yard setback, one is for a separate increase and egress and a parking variance. He further noted that there will be a side yard variance as well due to the location of emergency exit sets. He noted that they agree to comply with Mr. Guerin's report dated May 1, 2000 and have also agreed to comply with the Board's planner's report as well.

Mr. Kanutelsky gave testimony regarding the geographic location of the property and noted that it is in the B-2 Zone. He noted that the project consisted of three separate lots. One is 14 acres, which is currently hosting a batting cage facility. Another lot is .1 acres and has a dwelling on it. The third lot consists of 1.04 acres and has a dwelling and other accessory uses on the site. He gave further information relative to the other uses in the surrounding area. He noted that a majority of the property to the west is owned by Newark Watershed. There is 850 feet of frontage at the site.

He gave testimony regarding the vegetation on the site. He advised that the majority of the property had been cleared to facilitate the current driving range/batting cage site. He advised that lot number 8 is an L-shaped property and bisecting the stem of the Stockholm Brook. He claimed that there are also wetland areas that are classified as wetlands of exceptional resource value due to threatened species in the area.

He gave information relative to the type of soils found on the site. He noted that the existing structures on the three lots will be removed.

The proposal is to develop a 60,000 square foot twin ice rink facility. They are providing one access point providing ingress and egress to the site from Route 23.

He gave information relative to the drop-off area and parking area. He noted that the main parking area has 109 spots, including handicapped. There are an additional 82 parking spaces and three bus parking areas in the adjacent paved parking area. A final overflow gravel parking area will provide additional parking.

He gave further testimony relative to the storm water system which they plan to use curbing with catch basins to collect storm water. There will also be an underground detention system to store the storm water from the large impervious cover created by the building. There is an additional detention area basin on the site as well.

They will be able to detain more storm water than the site used to produce. Water supply will be provided by a well to be located in the front of the proposed building. The old wells that serviced the existing structures will be capped.

A free-standing sign is proposed in front of the structure. He noted the trash enclosure and where the sidewalks will be located. The sidewalks on the existing plan will be revised to show a sidewalk along the parking area, but the door will be closer to the southwestern corner.

The parking stalls required would be 401 and they are providing 280 with bus stalls.

The map which was being used was marked into evidence as Exhibit A-1, which was a colored revised site plan map. He further stated that the existing septic design to service 8500 gallons per day, which necessitates additional permits from the DEP, which have been applied for. He further noted that the DOT has jurisdiction over the curb cut and access. They will be submitting their application the DOT.

They have also applied to the DEP for transition area waiver for a buffer reduction from 150 feet to 75 feet. The septic design has been given preliminary approval by the DEP. There have been modifications to the approved plan and they are seeking approval of those changes.

He gave testimony relative to the environmental impact. He gave testimony relative to trash maintenance and removal. He indicated that they would be recycling at the site. He further noted the issue of air pollution contribution due to increased traffic. Because the project is a redevelopment of an existing site, he did not feel that it would have a degenerative impact on the site with respect to environmental impact. He gave further testimony relative to the existing uses and disturbance that currently exists at the site, relative to the golf driving range and landscaping business that is currently located on one of the lots which has a dwelling unit on it.

The dwellings will be torn down and all of the trash on the site, including areas along the edges of the property will be cleaned up and they are proposing planting buffers. Photos were offered into evidence. A stack of photos were marked as A-2. He noted that the photos offer evidence of the existing degradation of the transition area.

Mr. Miller opened the meeting to the public to ask specific questions of the witness. Questions were asked relative to the wetlands and the ingress and egress and a question relative to parking. William Bravenboer was the gentlemen who asked the questions.

Frank Lacatena asked about the number of designated parking areas and if there are spaces dedicated to the employees.

Greg Eisenecker came forward and asked about the other buildings on the property that are removed. He asked what happens to the existing septic area. It was noted that most likely the septics will have to be removed and the tanks pumped and removed and wells capped subject to the State standards.

Mr. Garafalo asked if he could give comments relative to Mr. Guerin's May 1, 2000 report.

He gave testimony relative to number 4, which related to the paving of parking. Number 5 related to curbing and they agree to comply. He gave testimony relative to the fact that the main entrance will be the only entrance, however there are two proposed emergency exits.

He further noted that numbers 11 and 12 will be complied with as well. Mr. Bargiel asked about the potential need for another bus stall. The applicant's representative advised that two parking stalls could be transferred to become a bus stall. It was noted that that would be at the discretion of the Board.

Mr. Walsh asked how many seats will be within the facility. It was noted that that answer could be offered by another witness.

Testimony was given relative to proposed lighting at the site. Mr. Bargiel asked about the sign lighting. It will be an interior lighted design.

Mr. Armstrong asked if there would be any soil removal from the site. He was advised that it will not be necessary to remove soil from the site, it will be used for cuts and fills. He also asked if the trash area will be enclosed. It will be enclosed.

Mr. David Simmons, planner from Harold Pellow & Associates, came forward. Mr. Garafolo advised that the Board is seeking a conditional use variance, as the use is a conditionally permitted use in the zone. Mr. Brigliodoro advised the Board with information relative to conditional use variances.

Mr. Simmons gave his qualifications. He gave testimony relative to the variance for separate points of ingress and egress. He noted that currently there are three properties that will be used for the project. He noted that they all have driveways that access Route 23. This project will reduce the curb cuts from three to one. The one entrance will be configured to DOT standards. The final design will be subject to the DOT's approval. He said that the proposed plan will provide a safer alternative to what exists. He noted that the one ingress and egress has been designed to help the anticipated traffic flow on the site with respect to drop-off traffic in relation to traffic desiring to park.

He gave testimony relative to how the number of parking spaces were determined. He stated that they designed the project so that the impervious coverage standards are adhered to, the environment is preserved and there is ample area for open green space.

He noted that the front yard setback will be complied with. He further noted that the rear yard is undeveloped and has an unlikely chance of being developed due to wetlands and other constraints.

Mr. Simmons stated that it is his testimony that the project is appropriate on this site with the deviations from the ordinance standards as requested. It was noted that the B-2 zone was created for business uses.

Mr. Walsh asked what the distance between the back of the Maple Tree Plaza and the back of the proposed building would be. It was noted that it would be 40 feet.

The meeting was opened to the public. Bill Bravenboer asked if a bus can maneuver through the drop-off lane. It was noted that the drop-off lane is designed to facilitate two bus drop offs at the same time.

Frank Lacatena asked if there was any consideration to a southbound slow down lane on Route 23 North at the entrance.

Bruce Zaretskie - He is the owner of the Maple Tree Plaza building adjacent to the project. He stated that he is very much in favor of the project, but has concerns that the patrons of the arena may park at the Maple Tree Plaza and walk over to

Mitchell Berlant stated that there are two doors going out of the side of the building, but they are only emergency exits. All other doors are closed and only used for emergency purposes. There will be no ingress from the side of the building that is along the side adjacent to the Maple Tree Plaza.

Mr. Guerin asked about the number of bus stalls. He asked if most of the patrons who arrive by bus would be dropped off at the drop-off area or will the bus park and unload in the stall. He noted that the bus parking stalls could be made narrower and not lose parking spaces if there was no unloading in the stall. Mr. Simmons agreed and asked the Board to consider a modification of their variance request relative to parking spaces to allow them to reduce the overall parking spaces provided by two spaces in the worse case scenario.

Mr. Simmons gave testimony regarding the rear yard setback. He stated that he felt that it would be sound planning to allow for the deviation, particularly in view of the fact that the property to the rear is owned by Newark Watershed and it is improbable that it will ever be developed.

Mr. Garafalo asked Mr. Simmons to give testimony relative to the variance needed for the steps for the emergency door. He felt that providing an emergency exit would serve a higher purpose in the event of an emergency than the detriment of a side yard variance.

Mr. Berlant gave his qualifications. Mr. Garafalo marked a map which depicted the architectural rendering for the project. It was marked as exhibit A-3.

He gave testimony with respect to the fact that they would not be scheduling two games at a time generally. One rink would be used for a game and another for open skating.

He advised that the sidewalks would be 4 feet wide, which is standard in construction. He also noted that although it is not on the plan, they would like to explore expanding the width of the sidewalk.

He explained the architectural drawing which depicted the front west elevation of the building, where the main entrance to the building

The next exhibit was marked as A-3 which shows the left side/north elevation, and the ride side/south elevation. Mr. Berlant gave testimony relative to the fact that they are also requesting an additional roof line between the drop off area and the front entrance area.

It was further noted that the mean height of the building is 25 feet and the ordinance requires that the height be no more than 40 feet. Therefore they comply with the height ordinance.

He went to the next exhibit which was marked A-4, which is the floor plan of the facility. He gave testimony describing the areas proposed. There will be two rinks, a pro shop, a skate rental area, a ticket area and office area, snack bar, party room, 8 team rooms, a mechanical room, a referee room, a first aid room and the ice resurfacer enclosure.

There will be a mezzanine area, which will include an attention of the pro shop, a restaurant, party rooms and it will be overlooking the two rinks so you can watch out from the windows.

He further noted that they will have in all occupied areas a sprinkler fire suppression system.

Mr. Miller asked what they expect the staffing to be for the facility. Approximately 10-12 full-time, part-time would be in the area of 25 and 30. Total 35-42 people disbursed through different shifts. The hours of operation are anticipated to be open from 8:00 a.m. - 12:00 midnight. The restaurant would also be open those hours. Mr. Berlant noted that sometimes people come in at 5:00 a.m., or 1:00 a.m., but it is infrequent.

Mr. Berlant gave testimony relative to the parking. He gave testimony relative to other facilities and the study of their traffic patterns. His other facility has 260 parking spaces. He advised that only on a few occasions has the parking lot been full. Average parked cars is 150 cars at a time. He noted that they have never had problems with parking in the street or in other merchants' parking areas. Their other facility has two and ½ ice rinks and their parking more than satisfies their needs. The other facility has a large arcade and entertainment areas, restaurant and 6 party rooms and spa area and karate studio.

Mr. Walsh asked what the maximum number of people that can occupy the building is.

All of the facilities will be owner occupied and run. He advised that there will be a fireplace in the restaurant area. It will be run with gas, not with wood. The question was raised as to whether or not they had a liquor license and the answer was no and there are none available within the Township.

Mr. Miller wanted to return to Mr. Guerin's report. Item #14 related to expected hours of operation and proposed lighting for the parking areas. The lighting will be on 16 foot high light fixtures. The applicant would be willing to reduce the height of the fixtures. The applicant will agree to work with the Board engineer to make the facility acceptable with respect to the lighting.

Mr. Miller asked a question relative to the environmental impact statement relative to large events and what type of events may attract large numbers of spectators. Mr. Berlant noted that their events would relate to ice hockey and ice recreation, however, in the event they would want to run an event, they would contact the appropriate authorities such as the Township Manager for approval.

Frank Lacatena asked if there will be any restrictions for the use of alchohol on the premises. Mr. Berlant noted that there are no liquor licenses available and therefore there is no liquor on the premises. No one is allowed to bring alchohol on the premises. If someone is found they will be restricted from the premises in the future.

Mr. Eisenecker asked questions relative to other types of shows. Mr. Berlant reiterated that they would not hold other events inside the building for another show, etc., because of the damage it could do to their ice and facility. However, they would like to leave open the option for the community to have other activities, flower shows, car shows, etc., in the parking area. The area needs to be policed and once the parking is full, there is no more.

Rob Ryan asked a question as to who would be their governing body.

The Board took a brief recess.

Mr. Miller asked Bob Guerin if there were any issues he wanted to raise. Mr. Guerin asked that since they are applying for preliminary and final site plan approval, that the resolution contain a condition that the applicant supply the engineer with an as-built and appropriate bonding prior to the issuance of a certificate of occupancy.

Mr. Garafalo recapped their application request.

Harvey Beckman gave a comment relative to the fact that there are a lot of kids in the Sussex County area who have talent in the area of hockey and have no place to skate.

Sue Cifelli noted that a lot of kids are traveling out of the county to play hockey and thinks that it would be great to have a facility locally.

The meeting was closed to the public.

A motion was made by Mr. Verrilli to approve the D-3 variance request. The motion was seconded by Mr. Toye. All were in favor.

A motion was made by Mr. Armstrong seconded by Mr. Bargiel to approve the C variances and preliminary and final site plan. There was discussion regarding conditions. Mr. Guerin asked the Board to determine the number of bus stall parking spaces. Mr. Miller felt that the four bus stalls should be incorporated into the design. The Board agreed. He further stated that the resolution should reflect that the steps are the only thing that they are granting a setback variance for related to that side of the building, not for extension of the structure, etc. Mr. Brigliodoro reviewed the list of conditions, including the submission of as-built plans being submitted prior to the issuance of a C.O. and language would be included regarding the posting of appropriate bond guarantees. All were in favor. Motion was carried.

OPEN TO THE PUBLIC: The meeting was opened to the public. There was no public participation. The meeting was closed to the public.

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

Minutes prepared by:

Marianne Smith