Board of Adjustment Meeting

February 18, 2009

Chairman, Walter Dietzcalled the Board of AdjustmentMeeting ofFebruary 18, 2009to order at 7:30 P.M. announcing that this meeting had been duly advertised according to Chapter 231, Open Public Meetings Act. The meeting took place at the MunicipalBuilding in the Court Room.

ROLL CALL

Joseph Jaghab - PresentFrank Valcheck- Present

Barry Quick – PresentJohn Sheridan-Absent

Helen Haines-AbsentDavid Wald (Alt. #1)- Present

Mark Wetter, Vice Chairman -AbsentJohn Stamler (Alt. #2) - Present

Walter Dietz, Chairman -PresentLeon Krals (Alt. #3) - Present

Frank Herbert (Alt. #4) - Present

Also in attendance are Mark Anderson, Esq., Board Attorney, Woolson, Sutphen, Anderson & Nergaard, P.C.; William H.R. White, III, P.E., P.P., C.M.E., Board Engineer, Maser Consulting, P.A., Rebecca Marshall,Assistant Planner, Board Secretary;andChristina Restuccia, C.R.S.

Pledge of Allegiance

Resolutions

Keith and Karen Fleischer BA-08-20:

Motion Valcheck

2nd: Jaghab

Roll Call: Mr. Jaghab – yes; Mr. Wald – yes; Mr. Valcheck – yes; Chairman Dietz – yes. Motion carries.

Business from the Floor

None

Applications:

ADESA New Jersey, LLC. –BA-09-02 Block 142, Lot 23.02- 360 Roycefield Road

Rob Simon introduces himself as the counsel for ADESA.

Mr. Simon states that ADESA has entered into an agreement with the County of Somerset to lease the property on Roycefield Road to store vehicles that will be auctioned off. The term of the lease is for one year with an option to extend it for one more year.

The property is located in the GSA Depot and was owned by the post office.

ADESA seeks minor site plan approval and a use variance and waivers regarding a 35 foot wide parking lot buffer, aisle width size and parking lanes.

Mr. Anderson comments that there was notice given for major site plan approval but the narrative states that ADESA is seeking minor site plan approval. Mr. Simon comments this was changed as per Township Planner, Bob Ringelheim.

There is discussion among Mr. Anderson and Mr. Simon surrounding the terminology, “temporary variance” since a variance goes with the land. Mr. Simon comments that there is precedent showing prior approval for temporary use variances.

Mr. Anderson comments the case law surrounding temporary use variances is thin. Mr. Simon agrees. Mr. Simon comments that there is also a stipulation in the MLUL for a temporary use permit.

An agreement is reached where although the variance cannot be granted on a temporary basis the site plan can be approved for a limited amount of time, in this case, two years.

Robert Petrone is sworn in as the operations manager for ADESA.

Mr. Petrone describes the activities at the ADESA auction house in Manville.

Mr. Petrone testifies that ADESA needs a temporary inventory lot for the Manville facility and this will not exceed two years.

Mr. Petrone testifies ADESA has entered into a lease with SomersetCounty contingent on the variance being granted.

Mr. Petrone describes the plans for the lot.

Mr. Anderson comments they do not have copies of all of the plans.

Mr. Simon clarifies the situation.

Mr. Petrone continues to describe the plan to the Board.

Chairman Dietz asks where the restroom facilities will be located if ADESA has intentions to put a work trailer on the property.

Mr. Petrone testifies he would like to install temporary restroom facilities and this is subject to Board of Health Approval.

Mr. Petrone testifies that anywhere from 30 to 50 roundtrips per day will be made. Fifty trips would constitute a busy day.

Mr.Petrone testifies that most likely there will be no more than 1,000 cars on the lot at a given time. This lot is just to carry the spillover from the Manville lot.

Mr. Petrone testifies that ADESA will move cars Monday through Friday and the actual auction is on Thursday.

Mr. Petrone testifies that there will not be a regular use of car carriers. Mr. Petrone would like to have this option open in case of emergency or rare occasions.

Mr. Petrone testifies the car carrier will be parked by the trailer.

Chairman Dietz is concerned about the safety on Dukes Parkway or Roycefield Road.

Mr. Petrone testifies the cars will be moved between 8:00am and 5:00pm. Mr. Petrone testifies this averages out to twelve round trips per hour.

Mr. Petrone testifies that although the auction is Thursday, the lot is set by Tuesday.

Mr. Petrone would like to use a temporary generator to hook up power to the trailer or use public service if needed.

Mr. Petrone testifies there will be a four foot snow fencing surrounding the lot for privacy and security.

Mr. Petrone testifies there will be a few access areas where there will be gates in the fencing.

Chairman Dietz comments that a four foot fence will not cover the entire visibility.

Mr. Petrone testifies it works on his other property.

Mr. Petrone testifies there is chain link fence on the other side of the lot.

Mr. Petrone testifies there will be no signage and no striping of the parking spaces.

Mr. Petrone testifies the property will be manned 24 hours a day, 7 days a week.

Mr. Petrone testifies there will be no maintenance or fueling on the site.

Mr. Petrone has a spill prevention plan for any leaking fluids.

Mr. Petrone testifies he has looked at other sites in the area but this site is most attractive because it is close to the Manville location, already fenced in and flat.

Chairman Dietz asks if there is any possibility of gaining access through the Depot from Route 206.

Chairman Dietz if the car carriers can be brought in this way.

Mr. Petrone testifies he would prefer bringing them in this way.

Mr. Petrone testifies the trailer will be 8ft by 20f.t

Mr. Petrone testifies either ADESA employees or an officer would be in the trailer at all times.

Only the police officer would be armed.

Mr. Petrone testifies that he does not believe the County would want all the traffic being driven through the GSA Depot.

George Mariaz from the public asks why all of the cars carrier cannot leave from Manville.

Mr. Petrone testifies that he would not want to be limited to not being able to use a car carrier at all in case of emergency.

Rich Tobia is sworn in as the engineer.

Mr. Tobia testifies no new signs will be added.

Mr. Tobia testifies that cars will access via Avenue A and go right into the parking area.

Mr. Tobia testifies there are existing lights on the property. These light poles will be fixed by the County and a generator will be used to power the trailer.

Mr. Tobia describes the fencing that will surround the lot.

Mr. Tobia testifies there will be no fuel storage on the site.

Gary Dean is sworn in as the traffic expert.

Mr. Dean testifies he has studied traffic on Roycefield Road previously.

Mr. Dean testifies the ADESA lot would generate less traffic than any of the permitted uses for the lot.

Mr. Dean testifies that the traffic generated by ADESA will not use Valley Road.

Mr. Dean testifies that Roycefield Road to Dukes Parkway to Route 206 would be the best means of transporting the cars.

Mr. Dean testifies this is in no way a public lot.

Mr. Dean testifies that because this is in no way a public lot, the waivers requested should be granted.

Mr. Dean testifies that backing out of a spot with a thirteen foot aisle, may not be able to be achieved in one motion and that a driver may have to back out a little, pull in a little and then pull out.

Mr. Dean reiterates Mr. Petrone’s testimony that a large volume of cars would be 50 cars round trip.

Mr. Mariaz asks if there is room for a fire truck. Mr. Dean testifies there is.

Mr. Mariaz asks who fights the fire until the firetruck gets there.

Mr. Petrone is recalled. Mr. Petrone testifies all of the ADESA employees are trained in fire safety and the trailer will be equipped with fire extinguishers.

Mr. Petrone testifies hours of operation will be from 8am to 5pm.

Mr. Petrone testifies there is a varying amount of fuel in each vehicle.

Mr. Petrone testifies there are dealer plates on the cars being transported.

Mr. Mariaz asks is emergency transport will occur after 5pm. Mr Petrone testifies it will not.

Michael Jovishoff is sworn in as a professional planner.

Mr. Jovishoff testifies that he reviewed the appropriateness of the ADESA application in accordance with the Hillsborough Master Plan and has found the uses in the area are industrial and are in the Economic Development or I2 Zones.

Mr. Jovishoff testifies that the permitted uses associated with these zones would also generate large amounts of parking.

Mr. Jovishoff testifies since the property is being used as is, it is within all setback requirements. This lot is smaller than the 15 acre minimum. However, nothing is being added to the lot.

Mr. Jovishoff testifies the shape of the lot is suitable for parking cars and the location is easily accessible for the cars. The place where the cars will be parked is already a concrete slab in good condition so no repaving or regarding is needed.

Mr. Jovishoof testifies the location in relation to the Manville site is inherently beneficial.

Mr. Jovishoff testifies other surrounding properties have outdoor storage of materials.

Mr. Jovishoff testifies the property is owned by SomersetCounty and can therefore be rented on a temporary basis.

Mr. Jovishoff testifies that the security onsite will improve security of the surrounding properties as well.

ADESA leasing the property will generate revenue for the property.

Mr. Jovishoff testifies ADESA is a good temporary use for the property since ADESA will not burden the infrastructure.

Mr. Jovishoff testifies that although ADESA is not an explicit principle permitted use, it is not explicitly prohibited either.

Mr. Jovishoff testifies that the storage of automobiles on the site is consistent with the proposed rezoning of the land.

Mr. Jovishoff testifies there will be no significant negative impact by ADESA using the property as a storage lot.

Mr. Jovishoff testifies the level of noise will be minimal.

Mr. Simon asks Mr. Jovishoff if he feels the requested waivers are justified. Mr. Jovishoff testifies he feels it is practical for ADESA to request these waivers.

Chairman Dietz asks ADESA if 1,265 parking spaces is too intense.

Mr. Jovishoff says this is not excessive because it is not a public parking lot and public parking standards should not be applied.

Mr. Simon summarizes

Motion to close public portion

A Board member questions the generator placement and if there is going to be a generator or if it will be tied into public power.

Mr. Anderson comments that this is up to the County and their ability to tie ADESA into a public utility.

Motion to Approve: Valcheck

2nd: Stamler

Roll Call: Mr. Jaghab – yes; Mr. Quick – yes; Mr. Valcheck – yes; Mr. Wald – yes; Mr. Stamler – yes; Mr. Krals – yes; Chairman Dietz – yes. Motion carries.

Chairman Dietz asks to have a motion for a Resolution of appreciation prepared for Mr. Kennedy, who resigned from the Board.

Motion: Valcheck

2nd:Jaghab

Roll Call: Mr. Jaghab – yes; Mr. Quick – yes; Mr. Valcheck – yes; Mr. Wald – yes; Mr. Stamler – yes; Mr. Krals – yes; Chairman Dietz – yes. Motion carries.

Patricia Sporman - #BA-09-02 – Block 142, Lot 23.02 – 360 Roycefield Road

Mr. Quick and Mr. Valcheck are recused for having dealings with Ms. Sporman.

Chairman Dietz comments since there are only six members, there will be no vote on this application tonight.

Counsel asks to be allowed to hold his summation until the next meeting as well and this is granted by Chairman Dietz.

Mr. Melick is sworn as a professional planner.

Mr. Anderson clarifies that Ms. Sporman is the Applicant and not James Hager.

Mr. Melick testifies the lot is zoned residential but immediately north is the I2 Zone and to the West is the GI Zone. To the Northeast is the ED Zone.

Mr. Melick testifies Ms. Sporman’s lot was once zoned industrial.

Mr. Melick testifies the proposed use of Ms. Sporman’s property is consistent with the surrounding area.

Mr. Melick testifies that exhibit A7 has a typographical error. The actual impervious coverage on the property is 4%.

Chairman Dietz corrects Mr. Melick that any stone are is considered 100% impervious as per the Hillsborough Township Ordinance.

Mr. White explains why stone areas are impervious.

Mr. Melick comments that under DEP rules, new gravel is not impervious.

Mr. Melick testifies anything not organic was counted in the improvement cover.

Chairman Dietz asks what percentage including the stone parking area is impervious.

Mr. Melick comments that he has included the deck, which the Township does not include in impervious coverage.

Mr. Melick comments that the surrounding zones have much larger impervious coverage allowances. Therefore, some level of flexibility should be give to the Applicant.

Mr. Melick testifies the bus service being proposed is inherently beneficial to HillsboroughTownship residents. The proximity of the lot to the schools is a benefit.

Mr. Melick testifies the MLUL cites 15 “Purposes of Zoning” and a few of these are pertinent to promoting the zone plan and Ms. Sporman’s application.

Mr. Melick testifies that small businesses are the backbone of the economy especially in this economic environment and therefore should be promoted.

Mr. Melick testifies there is a unique condition regarding the configuration of the lot which makes it an efficient use of the land.

Mr. Melick testifies that the bus service is a benefit to all residents of the town.

Mr. Melick testifies the multiple uses on the property increase the safety of the property.

Mr. Melick testifies that the MLUL will be furthered by granting of the variances.

Chairman Dietz asks about the negative impact of the buses on the neighbors.

Mr. Melick testifies that the depth of the property and the buffering surrounding the perimeter of the property is dense enough to protect the neighbors.

Mr. Melick testifies the area where the buses are parked are no where near the residential areas surrounding the lot.

A Board member questions the amount of vehicles on the property.

Mr. Melick testifies the variance is for fourteen buses.

Mr. Melick testifies the Applicant has agreed to move some of the stone to alleviate the impervious coverage and the buses can “double up” in this area.

A Board member questions the location of Mr. Hager’s business. The Board member comments Mr. Hager is located in Ringoes, NJ.

Mr. Melick testifies Ringoes, NJ is where Mr. Hager resides.

A Board member comments that Forest Hills Landscaping has recently been parking their vehicles on Ms. Sporman’s lot.

A Board member asks what is actually occurring on the property to the West.

Mr. Melick does not know.

Mr. Melick testifies this area is a transition area between industrial and residential.

A Board member asks about the structures on the aerial.

Mr. Melick describes the aerial.

Mr. Melick testifies the Applicant’s proposal will not negatively impact the surrounding areas or the community.

Mr. Anderson asks what the proposed impervious coverage is.

Mr. Melick testifies it is 37.6%.

Mr. Melick testifies there is no change in the existing versus the proposed impervious coverage.

Mr. Melick testifies the Applicant is willing to scale down the impervious coverage by reducing the stone area.

Mr. Melick testifies that the 15% impervious coverage is for new, residential and subsequently smaller lots than the Applicant’s.

Mr. Anderson comments the Board is obliged to go by the 15% impervious recommended by the Ordinance.

Mr. Melick comments that due to previous variances for businesses on the lot, the Applicant’s lot is more similar to those lots in the I2 Zone.

Mr. Anderson asks about the motorcycle loop.

Mr. Melick testifies this loop is on the drawing and is identified as the “dirt drive”.

Mr. Melick testifies he has not seen any motorcycles there but it could be a turn around area for the buses.

Mr. Anderson clarifies Mr. Melick’s argument that since the Applicant’s property is on the boundary of a residential zone, it should be granted a variance for uses not permitted in other places in the residential zone.

Mr. Melick expounds upon this.

Mr. Anderson asks if this transition zone is defined in the zoning ordinance.

Mr. Melick does not believe it is.

Mr. Anderson comments that if a variance is granted for this lot because it is on the boundary, the same argument could be made for the next lot.

Mr. Melick testifies there are other unique features to Ms. Sporman’s lot making it suitable for a variance.

Mr. Melick comments this is a residential lot in an area that is not all residential.

Mr. Anderson asks about the stockpile in the back of the property.

Mr. Melick comments Mr. Hager is more suited to answer this.

Counsel replies Mr. Hager has agreed to remove this.

Mr. Anderson asks about the “inherently beneficial” use of a bus service.

Mr. Melick testifies the bus service is inherently beneficial because of the proximity of the buses to the school although there is no specific case history to support this.

Mr. Anderson asks Mr. Melick to clarify his testimony regarding the granting of Ms. Sporman’s variances in support of the MLUL. The copy of this testimony is marked into evidence.

Mr. Anderson determines this is a summation of testimony and not a report.

Chairman Dietz agrees to accept this summary of Mr. Melick’s testimony.

Mr. Melick explains his summary.

Mr. Anderson asks about Mr. Melick’s testimony regarding the shape of the lat being a condition for a variance.

Mr. Melick replies that there are three uses on the property and the way the structures on the property are set up, serve as a visual buffer to the buses in conjunction with the narrowness and depth of the lot.

Chairman Dietz takes objection to this because the visual buffer is to the people reaping the benefits (the Applicant) but does not serve as a buffer to the surrounding neighbors.

A Board member asks about sound barrier for the neighbors.

Mr. Melick comments there is a substantial natural buffer, especially to the West.

Mr. Melick testifies he had been on the property two weeks prior to this meeting and he could only see the house through a hole in the natural buffer.