| MINUTES
OF THE HARDYSTON TOWNSHIP ZONING BOARD OF ADJUSTMENT MEETING
HELD SEPTEMBER 7, 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 - Present
David Toye - Present
Gary Bargiel - Present
Candace Leatham - Present
APPROVAL
OF MINUTES:
Minutes
of the August 3, 2000 meeting were reviewed. A motion was
made by Mr. Verilli and seconded by Mr. Armstrong to approve
the minutes. All were in favor. Motion was carried.
RESOLUTION:
Oehrlich,
Danielle- Block 62, LOT 18.11 - ZB-00-1: The resolution was
reviewed. A motion was made by Mr. Armstrong and seconded
by Mr. Verrilli. Roll Call: Armstrong, yes; Miller, yes; Verrilli,
yes; Toye, yes; Leatham, yes. 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, Jack
O'Krepky, P.E., Jackie Re and Danielle Oehrlich were sworn
in.
Danielle
Oehrlich gave testimony relative to the school. She advised
that they have a pre-school program through high school. She
advised that they also have a competing team. They have been
looking for a site to build or relocate their existing school
which is located in Sparta presently. She advised that they
have between 2 and 3 in the morning and between 4 and 5 in
the afternoon.
They are
presently located in the Sparta Athletic Club. They need more
space. She advised that Mrs. Benbenek was a real estate agent
and she has investigated all available potential sites in
the area and found that this site offered the best option.
She advised that there are very few industrial buildings in
Sussex County within which to try to lease space from. The
existing buildings had low ceilings and other draw backs that
would prohibit a gymnastics school use. Mrs. Benbenek advised
that throughout the State of NJ there are numerous gymnastics
schools that are located within industrial parks. She further
noted that there are few gymnastics schools located in Sussex
County, but they feel that there is significant growth in
the area and in Hardyston specifically which would warrant
the need for their gym. The map depicting gyms in NJ was marked
as A-1. A display board which depicted what the school offers
was marked as A-2. 95% of all of the gyms cited on the map
are located in an industrial park.
She further
advised that highway frontage was not necessarily important
to them. She further advised that there is an existing gym
in the Wilson Commerce Industrial Park on Route 15 in Sparta.
They further noted that their needs are specific as to space
and the configuration
of that space. Mr. Walsh asked if there would be competitions
held at the site. Mrs. Oehlrich stated that they would be
going to other gyms that are larger to host large competitive
events. Competitive events are usually run on evenings or
weekends. It was established that traffic would not occur
during industrial park work hours. Mr. Miller asked about
the height requirement and wanted confirmation that the reason
that most facilities are in industrial parks because of the
need for height and the configuration of the building. It
was further noted that the trampoline area and "pits"
are built into the ground to better train the children and
that can be accomplished in a new facility.
Mr. O'Krepky
came forward to give the Board an overview of their conceptual
site plan, which was offered as part of their application.
Mr. O'Krepky gave his qualifications. The Board accepted his
qualifications.
Mr. O'Krepky
advised the Board of the general topography of the lot and
described the other buildings and types of businesses that
are already located within the park..
He gave
testimony relative to the concept plan. Mr. Verrilli asked
how many children come to each session. Mrs. O advised that
approximate class sizes are 12 -15. She advised that most
children are dropped off and picked up. She advised that many
parents carpool. Mr. Guerin asked if parents stay for competitive
events. She advised that if there were a dual meet that would
include approximately 20 children. She stated that those types
of events would occur at most twice a year. The parking proposed
would accommodate 12 permanent parking spaces and approximately
12 reserve. Mr. Guerin advised that he felt that therewas
enough real estate on the lot to provide for parking. He advised
that his only concern was that if the building would ever
be used for an other industrial use, that the parking either
installed or planned would be able to meet the ordinance requirements
relative to parking and square footage. It appeared that they
could comply with the ordinance in the event that the use
were to change.
Mr. Nelson
advised that due to the existing detention basin on the lot,
the use is even more advantageous because it would be difficult
to put an industrial use on the property. The building is
proposed to be 8,800 square feet.
Mr. O'Krepky
noted that the detention basin could be fenced, if that were
the recommendation of the Board engineer as per his report
dated September 7, 2000.
A right-of-way
is shown on the map and Mr. Guerin gave background on the
50 ft. right-of-way that could create a cul-de-sac that would
extend to provide access through the park to another adjacent
property owners piece located in Franklin. Mr. O'Krepky noted
that he reviewed Mr. Guerin's report and found no problems
meeting his concerns.
Mr. Guerin
asked what is the height of the building proposed. She advised
that they would be needing about 20'. Mr. Guerin advised that
according to the Board's determination the use is a recreational
use. He asked if they looked at other locations within the
B Zones.
Mrs. Benebek
gave testimony relative to what parcels they looked at within
the B Zones and why they did not fit their needs.
Mr. Brigliodoro
asked what their hours of operation would be. Danielle advised
that their schedule is usually 9:30 a.m. through 11:45 a.m.
and then 3:30 p.m. to 8:30 p.m. They are open 7 days a week,
as they do birthday parties on the weekends. They normally
have two on Saturday and two or three on Sundays. Birthday
parties accommodate approximately 12 kids. They have 260 students
overall. They have peaked at 400 students. She advised what
ages and types of classes are run.
A
schedule was offered by the applicant and was marked as A-3.
The meeting
was opened to the public. There was no public comment.
Mr. Walsh
asked if the summer camp was only gymnastics. Danielle advised
that it was only gymnastics camp.
A motion
was made to grant the use variance subject to site plan approval
by Mr. Armstrong and seconded by Mr. Walsh. Roll Call: All
were in favor. Motion was carried.
Hamler,
Edwin & Ellen - Block 10, Lot 18 - ZB-9-00-1: Edwin Hamler
was sworn in. Mr. Hamler advised that when he bought the home
there was a 12x12 deck on the rear of the home, that did not
confirm to the ordinance setback requirements. He did not
know that when he purchased the home. The front of the yard
fronts on White Birch Road. The existing deck is 22 feet from
the rear and less than 22 feet to the side. There is not a
need for a variance for the side yard.
He advised
that he wanted to enclose the existing porch, take out the
existing steps and construct a new deck that will further
encroach into the rear yard. He referred to his letter to
the Board which was submitted with his application dated August
23, 2000, which depicts why they have chosen to locate the
deck.
Mr. Hamler
indicated where the septic is located. It was confirmed that
it is located within the fenced in area. The well is in the
front left of the property.
Mr. Guerin
noted that as long as the deck has open slots and the area
under neath the deck remains grass, there is not an impervious
coverage problem.
Mr. Miller
asked for input from the Zoning Official.
The hearing
was opened to the public. Mr. Svedman came forward and suggested
that if the deck were approved, that it be restricted to not
be enclosed without returning to the Board.
The size
of the new deck was discussed. IT was suggested that the triangular
piece would be deleted and the deck would run the full length
of the house and the stairs would be allowed to go where ever
they had to to facilitate an exit from the deck..
A motion
was made to grant the variance with the condition that the
new deck cannot be enclosed by Mr. Verrilli and seconded by
Mr. Laughlin. Roll Call: Walsh, yes; Armstrong, yes; Verrilli,
yes; Toye, yes; Laughlin, yes; Miller, yes; Bargiel, yes;
Leatham, yes. Motion was carried.
The application
asked that the board accept his wish to waive the reading
of the resolution and proceed at his own risk. The Board agreed
and advised the secretary to advise the Zoning Official of
same. Walsh bills - Armstrong. All in favor.
BILLS:
A motion
was made by Mr. Walsh and seconded by Mr. Armstrong to pay
the bills. All were in favor. Motion was carried.
ADJOURNMENT:
Having
no further business, a motion was made to adjourn the meeting.
All were in favor. Motion was carried. Meeting was adjourned.
Minutes
prepared by:
Marianne
Smith
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