BOARD OF ADJUSTMENT
MINUTES
OCTOBER 6, 2005
CALL TO ORDER: This is a regularly scheduled meeting of the Board of Adjustment of the Borough of Franklin Lakes. Adequate notice of such meeting has been provided by furnishing a schedule of meeting dates to the Record, to the Herald News, on January 4, 2005, to the Borough Clerk and by posting a copy of the notice in the Municipal Building. I direct that this announcement be entered into the Minutes of the meeting.
ROLL CALL:
Present: Mr. Wolf, Mr. DiFlora, Mrs. Gerber, Mr. Coker, Mr. Khoury, Mr. Messaros,
Mr. Jerejian, Mr. McGuire, Borough Attorney Davies, Borough Engineer Tiberi
Absent: Mr. Bognar
OLD BUSINESS
Cal.#2005-7 Application For Yazdi, 1020 Kent Place, Block 1208, Lot 1.01, CARRIED TO THIS MEETING
Mr. Yazdi testified that he has reduced the size of his deck by 216 sq. ft. and has also reduced the driveway on the garage side by 5’. Mr. Yazdi stated that he has reduced the size of the deck from 576 sq. ft. to 360 sq. ft. and the driveway is approximately 280 sq. ft. Mr. Yazdi stated that he removed 280 sq. ft. from the driveway, which would result in a 25.8% coverage including the deck. Mr. Yazdi noted that he included the steps in his calculations. Ms. Tiberi stated that in order to be conforming Mr. Yazdi would have to remove an additional 177 sq. ft. or 120 sq. ft. from the deck. Ms. Tiberi stated that the deck would decrease from 380 sq. ft. to 183 sq. ft. in order to conform. At this time, if 280 sq. ft. has been removed from the driveway, Mr. Wolf stated that the Board could consider granting a variance of 25.8%. Mr. Yazdi agreed that he needs a new survey to verify the numbers that have been discussed and it is not clear how much square footage of the driveway has been removed. Ms. Tiberi suggested that the Board determine a number of the square footage to be removed and then Mr. Yazdi would have to submit a final as built. If the coverage is 25.8% or less Mr. Yazdi falls within the variance relief limit that the Board is willing to grant. Mr. Yazdi was advised to shave off as much as possible from the driveway and try not to touch the deck.
Mrs. Gerber made a motion to open the public portion of the meeting, seconded by Mr. McGuire, all ayes. No one from the public came forward and Mr. Jerejian made a motion to close the public portion of the meeting, seconded by Mr. Coker, all ayes.
Mr. Wolf stated that the Board has agreed to allow Mr. Yazdi a total lot coverage of 25.8% including the proposed deck and steps along with the reconfigured driveway. Mr. Yazdi has indicated that he would like to begin construction of the deck, which means that if he begins the work, it would be Mr. Yazdi’s responsibility to verify, by means of a new survey, where the coverage was removed.
Mr. Khoury made a motion to approve the variance based on the above, seconded by Mr. Jerejian.
Roll Call Vote
AYES: Mr. Wolf, Mr. DiFlora, Mr. Khoury, Mrs. Gerber, Mr. Jerejian, Mr. McGuire
NAYS: None
Cal.#2005-14 Application For Welch (Animal Hospital), 861 Franklin Avenue, Block 1512.01, Lot 16,
CARRIED TO THIS MEETING
Joseph Perconti, attorney for the applicant, stated that they had submitted revised plans. The plans are basically new and the applicant has met with the neighbors in order to get their input to assist with the preparation of these plans.
Robert Weissman, 686 Godwin Avenue, Midland Park, who is the engineer on this project, was again sworn by Mr. Davies. Mr. Weissman testified that the existing Wykoff Peddler building is being converted into an animal hospital; however, the Peddler business will remain in the front. The applicant proposes to clean up the rear and install parking along with the additions to the rear of the building. The existing front setback will remain and there will be additional parking along the eastern and southerly portion with a single access driveway. There is a septic field to the north and drainage and seepage pits on the southerly side of the property. There is a proposed walking area on the westerly side of the building with access for a walkway on all sides.
Mr. Weissman stated that the access on the west side of the building has been eliminated. Trees on the westerly side have been retained and the building size has been reduced. The rear parking line is 8’ less than what exists today. There are some drainage revisions and the elimination of the drive aisle to the west was noted. The size of the septic field has also been reduced.
Mr. Weissman responded to the Boswell letter of September 24th and noted that the building and lot coverages have been reduced. Variances regarding the left side of the building have been eliminated. Parking stalls of 10’ x 20’ are now proposed and all of the building improvements are within the LB-1 zone. There is a 24’ drive aisle available for two-way access. The Bergen County Planning Board has made some minor comments. The drainage is adequate to address the 25-year storm. Screening is proposed for the dumpster by means of a 24’ PVC fence. Twelve trees are proposed for removal. A Hold Harmless Agreement is required for the connection with the seepage pit. The building complies with the ridge elevation requirements and 31 parking spaces are proposed where 30 spaces are required. The air conditioning units have been relocated along the southwest portion of the indentation of the building. An opaque fence has been proposed along the west property line, which will continue all the way around for privacy. Mr. Weissman noted that they would comply with all stormwater requirements that are proposed. They did not have the lighting plan in time to submit to Board Members.
The following exhibits were marked:
A-4 Pages 1 through 3: Site Plan Lot 16, Block 1512.01 dated 7/15/05, revised through 9/19/05
A-5 Soil Erosion plan dated 7/28/05 revised 9/19/05
A-6 Details
A-7 Boswell letter dated September 24, 2005
Mr. Wolf asked if anyone in the audience had questions regarding Mr. Weissman’s testimony. Guldeep Sethi, 729 Mardingly Avenue asked about the dogwalk area and Mr. Perconti showed him the plans in more detail.
Joel Saperstein, 708 Windswept Lane asked if the outdoor dogwalk would be soundproofed.
Mr. Perconti introduced Louis A. DiGeronomo, architect on the project who was sworn by Mr. Davies. Mr. DiGeronomo has offices at 12 Sunflower Avenue, Paramus, N.J. At this time, the following exhibits were marked:
A-8 Architect Rendering
A-9 Architect Site Plan
Mr. DiGeronomo testified that A-5 shows the floor plan of the existing building with the additional footprint. The entire building is being restructured. The exterior will be similar to what presently exists and they have tried to maintain the colonial look of the building. They are trying to keep the building in keeping with the neighborhood along with maintaining the scale for a residential feel. The side entrance is off the east side of the parking lot. The rear is a simple design that buffers activities from the neighborhood. Mr. DiGeronomo testified that the proposed building fits well into the neighborhood.
Mr. DiGeronomo described the floor plan. The front section or south portion contains the existing shop. There is an entrance to the hospital off the east side and another entrance to the extreme north. There is also an emergency entrance. Mr. DiGeronomo stated that insulation and sound barriers are incorporated into the architecture of the interior and all spaces are acoustically treated.
Mr. DiGeronomo stated that storage is planned for the second floor and no plan has been drafted for that area. There will be a full basement under the building for additional storage. There will be no retail sales at this location.
Mr. DiGeronomo referred to Exhibits A-10 and A-11 which are photos taken in the north section of the building southeast and west to depict the existing condition of the rear yard.
Mr. Wolf asked if anyone in the audience wished to ask questions of Mr. DiGeronomo. Joel Saperstein, 708 Windswept Lane asked if there was a connection between the Wyckoff Peddler and the animal hospital. Mr. Perconti stated that the two areas were separate. Mr. Saperstein asked about the size of the storage areas and Mr. DiGeronomo stated that there will be approximately 800 to 900 sq. ft. of storage on the upper level and portions of the basement storage area will be used by the Wyckoff Peddler with the remaining 800 to 900 sq. ft. being used by the veterinarian.
Nicholas Gakos, ASLA, Kinnelon, N.J., landscape architect, was sworn by Mr. Davies. Mr. Gakos testified regarding Exhibit A-12, which is a landscape plan. He described the existing trees, which will remain, lawn space, and the proposed landscape additions. The existing trees to the west will be preserved and the applicant proposes to add more screening to the existing buffer. A 5’ opaque fence is proposed around the perimeter to mitigate headlight glare. A lawn is proposed to the north to the triangle area in order to maintain the existing vegetation. There will be a series of deciduous shade trees with various under story plant materials. Mr. Gakos stated that the proposed landscaping will enhance and improve what already exists. At the eastern boundary, new deciduous trees are proposed from the property line to the west. Mr. Wolf pointed out that there is a 5’ buffer on the east side between the parking and the property line. Mr. Gakos stated that red maples are planned for this area and these trees will create a large canopy over the parking lot and the neighboring properties.
The opaque fence was discussed and Mr. Gakos stated that the fence could be buffered with plantings. Mr. Weissman added that wheel stops could be installed. There are several options available for the color of the fence. Regarding the east side of the property, Ms. Tiberi pointed out that they could have a 7’ setback or buffer, if an adequate number of 10’ x 20’ parking spaces are provided. The spaces can then be reduced to 9’ x 18’ and these smaller spaces could possibly be used for employee parking.
Mr. Wolf asked if anyone in the audience wanted to ask questions of the landscape architect. Guldeep Seth, 729 Mardingly Avenue asked the number of trees that would be removed for the new septic field and he was told that six would be removed.
Cheryl Welch, 754 Franklin Avenue, Franklin Lakes, was sworn by Mr. Davies. She is a veterinarian and purchaser under contract of the subject property. She explained that she is under the constraints of a time limit for approval of the project of November 1, 2005. She stated that she needs an acre of land to build an appropriate sized facility to meet the needs of her growing practice. She has a total of 22 employees, most of whom are part time, and there is no grooming or boarding planned for the facility. Approximately 1% of the animals that are seen are hospitalized as patients and no staff members stay at the facility overnight. The hours of operation are Monday to Thursdays from 8:30 A.M. to 8 P.M., Friday 8:30 A.M. to 6 P.M., and Saturday 9 A.M. to 1 P.M. There are no after hour emergency hours.
Ms. Welch testified that there is a fenced in grassy area for animals that need to be walked, however, the animals are never left outside or left alone. She stated that there are approximately 10 to 12 employees at the facility at one time and appointments are scheduled every 20 minutes. Surgeries are scheduled for the early morning hours.
Ms. Welch explained that the Wyckoff Peddler is completely separate and they are proposing the addition of a completely separate bathroom for the Peddler. Ms. Welch added that it is likely that the building will be torn down if this application is not approved.
Ms. Welch explained that the disposal of medical waste is strictly controlled by the State. Sealed containers containing medical waste are picked up by Abby Van service daily accompanied by much paperwork.
Ms. Welch stated that she is presently in a strip mall and has never received any complaints from neighboring businesses. The animals walk from the car in the parking lot into her offices. Under the proposed plan, they would enter into a vestibule and then into a divided waiting room. The new facility will have three examining rooms and one consult room where a problematic animal could wait to be seen. Ms. Welch stated that she feels she offers a valuable service to the community. The Franklin Lakes Animal Hospital presently participates in town events, provides tours for cub scouts and similar organizations, she acts as the veterinarian for the Colonial Road School Discovery Room caring for the various animals there.
Ms. Welch explained that she needs storage space to keep medical records, which are required by law to be kept for five years. The storage area will provide space to keep dry food and donations along with medications and bandage materials. Upon questioning regarding soundproofing, Ms. Welch described that she spent a considerable amount of money soundproofing the space she now occupies.
Mr. Wolf asked if anyone in the audience wanted to question Ms. Welch on her testimony this evening. Joel Saperstein, 708 Windswept Lane, asked what the increase in patients would be at the new facility. Ms. Welch stated that she expects a 20% increase in patients with the addition of one veterinarian.
Giancarlo Brandoni, 725 Mardingly Avenue asked what the square footage is in the present facility and the proposed facility. Ms. Welch stated that square footage in the present facility is 2,400 sq. ft. and would be 4,000 sq. ft. in the new facility not including storage.
Sethi Guldeep, 729 Mardinly Avenue, said that he took part in a tour given by Dr. Welch for the neighbors. He observed quite a few animals that appeared to be staying overnight and Dr. Welch explained that she houses stray animals that are turned in from time to time and there are several animals waiting for homes at the hospital overnight. There are two cats living permanently at the facility.