February 7, 2012 Zoning Board of Adjustment

February 7, 2012 Zoning Board of Adjustment

Pursuant to the “Open Public Meeting Act,” The Sentinel and the Gloucester County Times were notified of this meeting. A public notice was posted in the Municipal Building. The meeting of the Township of Franklin Zoning Board of Adjustment was called to order by John Gravenor, Chairman at 7:00 PM with the following members present:

Dana DeCesari, Anthony Gaetano, Jason Brandt, and Alt. 2-Dennis Dittmar. B. Michael Borelli, Solicitor is present. Lee Phillips, Engineer is absent.

Absent: Rich Iglesias, William Lahn, Fred Schiavone, and Russell Leo, Alt. 1.

Mr. Gravenor led in the flag salute.

AGENDA

ZB11-11 Donna Sharp dba Bruce’s Towing & Repair B1401 L81 Use Variance-Expansion of Pre-Existing Non-Conforming Use Pennsylvania Avenue

Approve Minutes 1/3/2012

Approve Secretary’s Report 1/31/2012

Approve Resolutions: None

ZB11-11 Donna Sharp dba Bruce’s Towing & Repair B1401 L81 Use Variance-Expansion of Pre-Existing Non-Conforming Use Pennsylvania Avenue

Mr. Borelli states all papers are in order.

Mr. Gravenor seats Alternate Dennis Dittmar in the absence of Mr. Lahn. Mr. Gravenor states there are only 5 members present and you would need five affirmative votes. Mrs. Sharp wishes to continue with the hearing tonight.

7:05 PM Rich Iglesias enters and is seated.

Donna Sharp Bruce Sharp of 4179 Coles Mill Road are sworn in.

Mrs. Sharp states the area is used for auto salvage and repair.

Mr. Sharp states they built a 24’ x 40’ building, which is a carport type building to satisfy all DEP/EPA requirements, which he was told the State will eventually deem mandatory keeping under cover when they take oil, transmission out of engines so no liquids go on ground. Mr. Sharp states they need to have all engine blocks covered.

Mrs. Sharp states the State comes in once a year and they examine the site before they get approvals and they are a junk yard with the Township and they also wish to have a shed for office space.

Mr. Gravenor asks why not build onto the building. Mr. Sharp states they could not build onto the existing building without a site plan. Mr. Borelli states that this Board cannot give the approval without Construction approval for office and they cannot use a shed for office.

Mr. Iglesias states this is a pole barn without walls. Mrs. Sharp states this is like a carport, and it is just to cover product.

Mr. Gravenor states why not change it to 10’ x 20’ addition. Mr. Borelli states you cannot alter this as an addition, or they can add 10 x 20 addition for office space, would not suggest stating shed for office. Mr. Borelli states that you could approve as 10’ x 20’ office addition.

Mrs. Sharp states it is for an office worker, hoping to get a little more space for workers, there will be no bathrooms, they have port-o-pots.

Mr. Dittmar states service of electric run across ground, how can we begin to approve this. Mr. Gravenor asks can we consider this as an addition to the pole barn, not a shed.

Mr. Borelli states expansion of pre-existing nonconforming use, they have to show there are specific reasons, to go back into conformity rather than expand. They need to say they pre-existed. Mrs. Sharp states they owned it 16-17 years, and the junkyard was there for approximately 20 years prior. Mr. Borelli states this expansion is permissible or in their favor, they have to cover by the State DEP rules, you have to ask why they should be permitted, and if you feel this is insignificant and would not require a site plan, or if they would have to have a site plan,

Mr. Gravenor states this is actually making this better. Mrs. Sharp states no rain water runoff, nothing is to be exposed, not near road, not an eyesore, they try to stay neighbor friendly, we try to make this less of a sore thumb as possible.

Upon a motion by Mr. DeCesari, seconded by Mr. Brandt, all in favor, to open the public portion. Motion passed.

Barbara Halpern of Harding Highway is sworn in and is concerned with how big the office is and feels this is an expansion, with septic system to be put in. Mr. Gravenor states the County would be triggered. Ms. Halpern states the County cannot approve the port-o-pot. Mr. DeCesari states they will have to go to the Construction office and get approvals. Ms. Halpern states she has been the County Person for 20 years.

Upon motion by Mr. Brandt, seconded by Mr. DeCesari, all in favor, to close the public portion. Motion passed.

Mr. Brandt asks what will be done with shed. Mr. Borelli states the Board could make 2 motions if they wish, if you wish to approve 10’ x 20’ addition, if that is what the Board chooses to do.

Upon a motion by Mr. DeCesari, seconded by Mr. Brandt, to approve ZB11-11 for Use Variance – Expansion of Pre-Existing Non-Conforming Use of Junkyard with 24’ x 40’ open pole barn and Site Plan Waiver on Pennsylvania Avenue.

Roll Call Vote: Mr. Iglesias, yes, the State mandates it, no problem; Mr. DeCesari, yes; Mr. Gaetano, yes; Mr. Brandt, yes; Mr. Dittmar, yes; Mr. Gravenor, yes; Motion passed.

Upon a motion by Mr. DeCesari, seconded by Mr. Gaetano, all in favor, to open the public portion. Motion passed.

Roll Call Vote: Mr. Iglesias, yes; Mr. DeCesari, yes; Mr. Gaetano, yes; Mr. Brandt, yes; Mr. Dittmar, yes; Mr. Gravenor, yes; Motion passed.

Minutes

Upon a motion by Mr. DeCesari, seconded by Mr. Brandt, all in favor, to approve minutes of 1/3/12 as presented. Motion passed.

Secretary’s Report

Upon a motion by Mr. DeCesari, seconded by Mr. Iglesias, to approve Secretary’s Report in the amount of $495.00 for month of January 2012.

Roll Call Vote: Mr. Iglesias, yes; Mr. DeCesari, yes; Mr. Gaetano, yes; Mr. Brandt, yes; Mr. Dittmar, yes; Mr. Gravenor, yes; Motion passed.

Adjourn

Upon a motion by Mr. DeCesari, seconded by Mr. Brandt, all in favor, to adjourn the meeting at 7:30 pm.

Respectfully submitted,

E. Lynne Rafuse,

Zoning Board Secretary

Township of Franklin