MOUNT LAUREL TOWNSHIP

ZONING BOARD OF ADJUSTMENT

MUNICIPAL CENTER AUGUST 07, 2013

SIXTH REGULAR MEETING MINUTES

7:00 P.M. - Court Room

The Regular Meeting called to order by Chairwoman Conte at 7:00 P.M.

The Pledge of Allegiance and Moment of Silence was observed

The Public Notice was read by the Board Secretary as published and posted on 1/13/2013

Roll Call taken by the Board Secretary

Board Members: Ms. Jones, Present; Ms. Andersen, Present; Mr. Brod, Present; Mr. Peters, Absent; Mr. Killen, Present; Mr. Kramer, Present; Mr. Francescone, Arrived at 7:45; Vice Chairman Green, Present; Chairwoman Conte, Present.

Board Professionals: Mr. Glass, Planner, Present; Mr. Long, Engineer, Present; Mr. Kownatsky Sr., Fire Marshal, Present; Mr. Costa, Solicitor, Present; Ms. DeSimone, Secretary, Present.

Announcement by Chairwoman Conte – The Board will adopt the resolutions after the public hearings.

Adopt Minutes:

Special Meeting Minutes – May 29, 2013

Chair Conte called for a motion to adopt the May 29, 2013 minutes. Board member Andersen moved the motion and Board member Killen second. All present voted affirmatively with the exception of Board members Kramer and Brod who abstained from the vote and the motion was carried; so ordered Chair Conte.

Regular Meeting Minutes – June 05, 2013

Chair Conte called for a motion to adopt the June 5, 2013 minutes. Board member Andersen moved the motion and Board member Brod second. All present voted affirmatively with the exception of Board member Killen who abstained from the vote and the motion was carried; so ordered Chair Conte.

Matters for Discussion:

1. Litigation Update by Board of Adjustment Solicitor – No litigation to report.

2. Highview Homes, LLC requesting a Special Meeting- Mr. Hyland, Attorney represented the applicant Highview Homes, LLC ZB#03-D-34A & ZB#13-D-34B. Mr. Hyland asked the

Board to hold a special meeting for his client. Chair Conte noted the availability on the September 11th agenda in order to hear the Amended Final Site Plan for Phase 1 and the Preliminary and Final Site Plan for Phase 2. Mr. Hyland thanked the Board.

The Board’s Professionals were sworn in by the Solicitor Mr. Costa-

Mr. Louis Glass, Planner; Mr. William Long, Engineer; Mr. Ross Kownatsky, Sr., Fire Marshal.

V. Announcements by Chairwoman Conte – It’s the procedure of this Board that every applicant is limited to 1 ½ hours to present their case and that includes the public potion. If for any reason the applicant exceed 1½ hours if additional time is needed the application will be continued to the next available meeting, unless the Board is polled and agrees to continue the application. No application will be initiated after 10:30 P.M.

If you intend on speaking during the public portion, please come down to the podium, sign in and be sworn in, and be sure to use the microphone when speaking. Agendas are available at the podium.

Regular Meeting Minutes Page 2 AUGUST 07, 2013

Petitions before the Board

1. RUSSELL FIRTH, #13-C-13, 105 Oakmont Road, Block 1103.06, Lot 8 – R-1 zone, Bulk Variances – The Board Secretary read the application - The variances are sought from section 154-64A (2) of the zoning ordinance to enable the applicant to: 1) maintain a 290 square foot brick patio with a side yard setback of 12” where 10’ is required and 2) 40 square feet over the permitted 250 square feet outside the building envelope. The application is certified complete. Mr. Russell Firth was sworn in by the Board Solicitor. Mr. Firth decided to put in a brick patio due to standing water in his back yard. He put in a drain 10” wide and 18” deep the water now runs to the back of the property. Besides being unusable, it was quite unsightly. Our home has no access in the back yard. We have 3 doors to our home one in the front and two in the side yard. The area where the patio is now is the gateway to the rest of the yard, including the shed. Mr. Firth gave statistics of the rainfall this past June of 9” this being the most rain fall since 1895 and also the wettest summer on record. Applicants exhibit A-1 dated 6/23/13 Photograph of his backyard showing where the water accumulates. A-2 dated 6/23/13 Photograph of the neighbor’s yard leaning over the fence. Chair Conte opened the hearing to the public. Mr. Joseph Chizuk, Attorney represented the neighbors at 103 Oakmont Ms. Herminia I. Waterbury, her daughter Ms. Audra Lea Waterbury, were sworn in by the Board Solicitor. Ms. Audra Waterbury had marked into evidence O-1 dated 6/10/13 (14) Photographs of the their side yard taken from Parkway School and O-2 dated 8/6/13 (4) Photographs of the Firth’s side yard. Ms. Audra Waterbury stated the water came into her yard after Mr. Firth built the brick patio. Chair Conte asked Ms. Audra Waterbury if they had hired an Engineer to see why they have a water problem. Ms. Waterbury stated she would like to have an Engineer look at the water issues. Chair Conte asked Mr. Firth if he would table his application and hire an Engineer to look at the drainage issue. Mr. Firth testified to hiring a landscaping company experts in drainage they said the water problem is from his neighbor’s downspout at 103 Oakmont. Mr. Firth had exhibit A-3 dated 8/7/13 Photograph of the downspout at 103 Oakmont Road. Mr. Costa stated the applicant would need to have the expert engineer to come to the October hearing and give testimony. Mr. Firth agreed to table the hearing to October 2, 2013. Chair Conte called for a motion to table the public hearing to October 2. Board member Andersen moved the motion and Board member Jones second. Roll call vote: Ms. Andersen, Aye; Ms. Jones, Aye; Mr. Killen, Aye; Mr. Kramer, Aye; Vice-Chair Green, Aye; Chair Conte, Aye.

Board Solicitor noted for the record the applicant doesn’t need to renotice or readvertise hearing will be heard on October 2nd. 2013 at 7:00 pm.

2. ASHISH GANDHI, #13-C-14, 61 Foxcroft Way, Block 401.07, Lot 33 – R-3

zone Bulk Variance – The Board Secretary read the application: The variance is sought from section 154-64 A (2) of the zoning ordinance to enable the applicant to: install a paver patio that exceeds 250 square feet encroaching by 520 square feet total of 770 square feet in the rear yard setback outside the building envelope. The application is certified complete. Mr. Gandhi residing at 61 Foxcroft Way was sworn in by the Board Solicitor. The applicant has nothing to add to his application. Chair Conte concerned about the farm in the backyard with drainage.

*Chair Conte noted for the record Board member Francescone just arrived at 7:35 P.M. and is seated.

Mr. Long, ZB Engineer stated the applicant would have to provide a grading plan. They need to put spot elevations of the patio on the plan and probably have the water drain to Hartford Road.

Regular Meeting Agenda Page 3 AUGUST 07, 2013

Petitions before the Board - 2. ASHISH GANDHI, #13-C-14, 61 Foxcroft Way

Chair Conte asked Mr. Gandhi if he would be agreeable to providing a grading plan to the Board Secretary for Mr. Long’s review. Mr. Gandhi agreed to provide a grading plan. Chair Conte opened the public portion of the hearing, seeing none, closed the public portion. Board member Francescone noted the approval from the Homeowners Association. Chair Conte called for a motion on #13-C-14. Board member Francescone moved the motion conditioned upon submitting a grading plan and Board member Killen second. Roll call vote: Mr. Francescone, Aye, Mr. Killen, Aye, Ms. Andersen, Aye, Mr. Brod, Aye, Mr. Kramer, Aye, Vice-Chair Green, Aye, Chair Conte, Aye. Motion carried approved.

3. JOHN ROSKOPH, #13-C-15, 13 Juniper Dr., Block 1414, Lot 13 – PUD zone

Bulk Variances – The Board Secretary read the application: The variances are sought from sections 154-64, 154-144 of the zoning ordinance to enable the applicant to: 1) maintain a 6’ privacy fence with a side yard setback adjacent to the street of 3’ where 15’ is required and 2) install a patio 15’ x 20’ with a side yard setback adjacent to the street of 10’ where 15’ is required. The application is certified complete. Mr. Roskoph residing at 13 Juniper Drive was sworn in by the Board Solicitor Mr. Costa. Mr. Roskoph testified that he had a fence and was destroyed by the storms. The new fence aligns with the adjacent neighbor’s fence in the back yard 3’ off the sidewalk. They fixed the drainage, grading to have a usable back yard. The patio will make the back yard usable so the kids can play. Chair Conte opened the public portion of the hearing, seeing none, closed the public portion. Mr. Glass reviewed his report July 16, 2013, on the fence. Chair Conte reviewed the report from the Police Department of July 9, 2013. Mr. Roskoph testified the Homeowners Association approved the fence. The HOA only permits one structure at a time be submitted and the patio will be heard at the August 9th meeting. Chair Conte called for a motion. Board member Brod moved the motion to approve #13-C-15 and Board member Killen second. Roll call vote: Mr. Brod, Aye, Mr. Killen, Aye, Ms. Andersen, Aye, Mr. Kramer, Aye, Mr. Francescone, Aye, Vice-Chair Green, Aye, Chair Conte, Aye. Motion carried approved

4. FELLOWSHIP BAPTIST CHURCH, #12-D-16, 1520 Hainesport Road, Block 700, Lot 21 – R-3 zone MINOR SITE PLAN - storage trailers on property and two sports fields that are in conjunction with the church’s youth ministries and building –Phase 1, 2 & 3, Use Variances previously granted 1/9/13 & 4/3/13, ACT BY: 09/30/13. The Board Secretary read the application for a Minor Site Plan, Phase 3 The demolition of all 12 existing storage buildings and the construction of one 10,000 square foot building to be used for storage, replacing all the existing storage buildings and a youth meeting facility. The application is certified complete. Mr. John D. Wilson, Attorney representing the applicant and witnesses to give testimony Mr. John Miller, Engineer, Mr. Richard Johnson, Architect and Mr. Andy Wallin, Fellowship Baptist Church were sworn in by the Board Solicitor. Mr. Glass reviewed his report dated May 15, 2013 and noted the applicant addressed all the outstanding issues at a concept meeting held in April such as the number of parking spaces, size of parking spaces and location, adding a 4’ wide sidewalk to get to the youth activity and building add a wood safety Barrier.

Mr. Long, reviewed his report dated May 20, 2013 and discussed item #8 “It should be noted that for Phase 2, since the increase in impervious coverage is less than 0.25 acres, the Stormwater Management ord. does not apply. If the Phase 3 impervious coverage exceeds 0.25 acres, the Stormwater Management ord. must be addressed.” The applicant agreed to this condition. Mr. Kownatsky, Sr., F.M. reviewed his report dated May 23, 2013 all of the items addressed.

Regular Meeting Agenda Page 4 AUGUST 07, 2013

Petitions before the Board - 4. FELLOWSHIP BAPTIST CHURCH, #12-D-16,

Chair Conte opened the public portion of the hearing, seeing none, closed the public potion and called for a motion. Board member Brod moved the motion to approve the Minor Site Plan and Board member Killen second. Roll call vote: Mr. Brod, Aye, Mr. Killen, Aye, Ms. Andersen, Aye, Mr. Kramer, Aye, Mr. Francescone, Aye, Vice-Chair Green, Aye, Chair Conte, Aye. Motion carried approved.

5. JOSEPH ORLANDO, #13-D-04, 4518 Church Road, Block 1100.02, Lot 6 – R-3 zone, Use Variance – Applicant proposes to construct a Good Will Donation Center, with parking and storage facilities on the property. P.H.: 05/01/13 cont. to 08/07/13

The Board Secretary read the application and certified the completeness noting the application was continued from May 1, 2013. Board member Killen recused himself and Board member Jones will participate. Mr. Jeffrey I. Baron, Attorney, represented the applicant. Witnesses to give testimony Mr. Mike Shaw, Good Will Industries, Mr. Joseph Orlando, Property owner. Chair Conte opened the public portion of the hearing.
Mr. Suleski, residing at 2 Camelot Court, President of the Homeowners Assoc. was sworn in by the Board Solicitor. He discussed the number of homes in his area that would be affected by this application. He read a statement and had exhibits 0-9 A Forbes Report “The Largest U.S. Charities for 2012” and Return of Organization Exempt from Income Tax – form 990 from 2011; 0-10 Mt. Laurel Police Report & diagram of traffic/pedestrian accident, dated April 9, 2010.
Ms. Meaghan Swain, residing at 202 Amberfield Drive was sworn in by the Board Solicitor.
She discussed the traffic problems being very dangerous, property values go down, exhibit O-11 dated 5/31/13 (4) Photographs a. Mr. Orlando’s property, b. Church Rd. view of property, c. At Home Medical Equipment Sign, d. Trash on Orlando’s property & Front yard adjacent property.
Mr. Mark DeMaio, residing at 210 Amberfield Drive was sworn in by the Board Solicitor. He discussed the traffic, property values, and the health & safety aspects. Board member Francescone noted Burlington County had their road equipment on this lot for the paving of Church Road. He read the criteria of a “D” Use Variance from the Municipal Land Use Law, Affirmative & Negative criteria, Special Reasons, and the site is particularly suited for the use.

Mr. Jeff Ianniello, residing at 228 Amberfield Drive was sworn in by the Board Solicitor. Mr. Ianniello testified to the safety issue of this use.

Mr. Joseph Jones, residing at 4515 Church Road affirmed living directly across the street from the property and his house was second one built on Church Road. He was in favor of the application saying the Township officials will keep an eye on the property.