October 2, 2012 Zoning Board of Adjustment

October 2, 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: Rich Iglesias, Dana DeCesari, Anthony Gaetano, Jason Brandt, Alt. 2-Dennis Dittmar, Fred Schiavone and John Gravenor. B. Michael Borelli, Solicitor is present.

Absent: Tim Doyle & Alt. 1-Russell Leo,

7:01PM Tim Doyle enters and is seated.

Mr. Gravenor led in the flag salute.

AGENDA

Minutes

Upon a motion by Mr. DeCesari, seconded by Mr. Gaetano, all in favor, to approve minutes of 9/4/12 as presented. Four abstentions: Mr. Schiavone, Mr. Iglesias, Mr. Brandt and Mr. Gaetano. Motion passed.

ZB12-17 Eugene & Eleanor Carter B5502 L7 “C” Bulk Variance expansion of existing home into front yard setback Lake Road

Eugene Carter of 4842 Lake Road, Newfield, NJ is sworn and states they have a 3 bedroom rancher, they have 2 teenagers, they wish to have an office and expand. The bedroom addition will consist of 12’ x 12’ x 10’ high addition-relocation of one bedroom. This proposed addition has a setback of 50’ front yard which needs to be 75’ front yard setback minimum; this is why they need a variance. They recently received a zoning permit for addition off of the rear of the house, no setback issues and did not need variance.

Upon a motion by Mr. DeCesari, seconded by Mr. Dittmar, all in favor, to open the public portion. No one for question or comment.

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

Jerry Kay of SLA of 1041 Glassboro Road, Glassboro, states this variance is for front yard setback variance. Mr. Kay requests an early zoning permit issuance. Mr. Gravenor explains the process of appeal and suggests they file request with Mrs. Rafuse. Mr. Kay thanks the Board.

Upon a motion by Mr. DeCesari, seconded by Mr. Schiavone, to approve Variance to construct addition in front yard setback closer than permitted.

RCV: Mr. Iglesias, yes; Mr. DeCesari, yes; Mr. Doyle, Mr. Gaetano, yes; Mr. Brandt, yes; Mr. Schiavone, yes; Mr. Gravenor, yes. Motion passed.

ZB12-18 Rosario & Stacey (D’Airia) Caltobiano, Jr. B103 L13.10 “C” Bulk Variance-garage larger than permitted Barbara Lane

Stacey Caltobiano of 219 Barbara Lane is sworn and states that they requested a 22’ x 24’ shed with man door not garage doors. They purchased a display model that had garage doors but they were to bring it and install a man door but they did not and they felt it looks better. Garage is for storage-they have 3 children with many play things, storage and pool items, and they want to have it organized. It sits 150’ from the street. When they purchased it, they tried to make it look more uniform. Mrs. Caltobiano provides 3 photos of house with garage. Mr. Borelli states 3 photos will be marked A-1.

Mr. Borelli states shed is more like garage. Discussion ensued.

Upon a motion by Mr. DeCesari, seconded by Mr. Brandt, all in favor, to open the public portion. No one for question or comment.

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

Upon a motion by Mr. Schiavone, seconded by Mr. DeCesari, all in favor, to approve garage larger than allowed (over 1200 square foot) conditioned on personal use only, no commercial/business use.

RCV: Mr. Iglesias, yes; Mr. DeCesari, yes; Mr. Doyle, Mr. Gaetano, yes; Mr. Brandt, yes; Mr. Schiavone, yes; Mr. Gravenor, yes. Motion passed.

ZB12-19 Anthony Valentine B5602 L49 “D”-Use Variance to park 4 commercial vehicles Lake Road

Anthony Valentine of 110 Mantua Boulevard, Mantua, NJ is sworn in.

Peter Siderious, Realtor of Turnersville, NJ is sworn in.

Anthony Valentine states the property is the remains of a junk yard and he does a junkyard. He wishes to have the home as his residence for the family, they are under contract to purchase property, and the sale is contingent upon being allowed to the parking of his 4 commercial vehicles. If you look through the packets, you can look through the exhibits. Mr. Valentine states the first exhibit A is his contract with Century 21. Exhibit B is how house would look once they do improvements. Exhibit C is contract to buy it and shows the lot. Trucks are tractor trailers-18 wheels: International, SLA and one Mack. The majority of routine maintenance is done off site in Hurfville, “General Spring” on Rt. 42 and Diesel Doctor. Mr. Valentine states he would only do emergency maintenance. Mr. Valentine states that the only times trailers would come home and run would be on the weekend. Mr. Valentine states he can park trailers on Delsea and Main, if he fuels up there. Mr. Gravenor asks how he is getting in. Mr. Valentine states he just wants them for safety. Mr. Valentine states they are thinking of flood lights, his wife is afraid of dark. Most of time they leave early and come back early, and will not run trucks for hours on end. No house is close, they have talked with neighbors and they are in favor. Mr. Gravenor states it sounds nice, but we have no recourse- that is problem without having a site plan. Mr. Valentine states this drawing is what they intend to do.

Mr. Doyle states you may have to level ground. Mr. Valentine states it does have some rock base. Mr. Siderious states that is stone.

Charles Fiore, Attorney of 34 S. Main St. on behalf of Mr. Gardenhire on Main Street states it seems that applicant intends to sincerely clean up property. Mr. Fiore is here on behalf of applicants, on an older application with Sammy Uthman-it was a different application. In hearing his sincerity, there is 2 parts, parking 4 commercial vehicles and Board said look at light, sound of trucks, it is also operating a commercial operation. In looking at Land Use Law and “D” Variance, you need to look at criteria, In Residential-Agricultural zone, Article 8, it promotes serene agricultural and then you would have an eyesore such as this. In granting this, it would be inconsistent with the Master Plan and Zoning Plan, 190.11B parking requirements you are allowed 1 parked commercial vehicle under B1. Mr. Fiore states his client Mr. Gardenhire is here to speak.

Richard Gardenhire of 5191 Lake Road is sworn in and states application shows property is under contract and we live directly next to this and two houses down our property is directly next to this and his house and is in upper right hand of drawing. Mr. Fiore asks what his concerns. Mr. Gardenhire states he moved in-in 1990. It was a burgeoning neighborhood with farms, family, very peaceful even though there was a junk yard. On top of this, the general concern is a potential business with 4 vehicles. It will not improve his life or quality of life, it may have issues of EPA and cannot speak in this concerned with sound over time. In and out early 2AM in morning, as quiet as they can be-it will be very loud. Quality of life and value of property. Mr. Gravenor states it could be a functioning junk yard which has been there for many many years, some one could go in and start a junk yard, just a comment. Mr. Gravenor states it is not pristine. Mr. Gardenhire states if business is there it should be palatable to all neighbors. Mr. Gravenor asks if Mr. Gardenhire is opposed to 4 truck business. Mr. Gardenhire states yes, he is opposed. Mr. Fiore states it was an abandoned use, it is in R-A zone and perhaps someone will open junk yard but based on lack of testimony, they have not met their burden. That is not what Board is here for, feels they have not met burden. Mr. Gardenhire states road is 4 ton limit, how much do trucks weigh.

Donna Scull of 5135 Lake Road is sworn in and owns property right next door to property in question. She was not notified, she said that the Gardenhires told her. In the past couple of months, she sees trucks all night long, they should not be going up the road, they make a lot of noise. Not opposed to tractor trailers, but feels it will be a nuisance.

Mrs. Rafuse states applicant provided notice as per the certified Tax Assessors list. In doing their due diligence, they also hand-delivered to both adjoining property owners who were not on the list as they went out to meet neighbors prior to doing their application and mailings.

Mr. Iglesias asks if 4 ton limit is marked.

Michael Coslop of 5201 Lake Road is sworn and states he is right next to property up front, he is concerned with noise, it is surrounded on 3 sides by wood, it has a thin hedgerow, grass is growing there, but he can see oil staining on ground. Another concern is noise, gravel and stone. At 2:00AM, cars will be loud so you can imagine a tractor trailer going down street. Lived there 7 years. Concerned with 4 ton limit on road. Mr. Coslop states fire buffer was his understanding. Mr. Borelli states they have no buffering and no cars to do this. Mr. Coslop is opposed.

Anthony Bosco of 5204 Lake Road is sworn in and states that his concern is freezer trucks and what goes in there- Meat. Mr. Valentine states freezer trucks will only be there unloaded on weekends. Various start time, trucks go out one at a time. Majority of time there may be 1-2 trucks at a time. Winter time is less running, having electric for motor heat only. Mr. Valentine states this is a condition of sale to get the variance, he really likes this lot. Mr. Valentine shows parking and states they were only going to come in from Route 40. Mr. Bosco is opposed.

Mr. Valentine states he already had money invested, the lawyer wanted over $2,000.00, the Engineer wanted over 2,000.00. Mr. Valentine states he thought he had a better bearing on the neighborhood when he spoke to everyone.

Mr. Bosco states the applicant wants to make money, that is his goal. Mr. Valentine states he wants to be with family as much as possible and be close to work. Mr. Gravenor states 4 trucks if approved and that would be it. Mr. Bosco is opposed.

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

Mr. Iglesias states we have a property that is nothing, there is someone who wants to improve property, but on other hand there may be environmental issues.

Mr. Valentine states trucks are 80,000 gross vehicle weight, it is over 4 tons.

Mr. Borelli states positive negative criteria, there has to be a reason this use is suited to property, it is practical to fit 50 cars on narrow lot, MLUL is developed on residential area and make it residential use and fit there well in residential area without nuisance, without noise and light that is what you are facing, it is a significant burden to carry.

Mr. Gravenor states they only have 270’ frontage, one residential lot, that is what makes this hard. Mr. Iglesias states we do need site plan for lights, electric, gravel, buffers, etc. Mr. DeCesari states it was a junkyard and there was no environmental study such as a Phase I and do not know what neighbors water testing is like; Applicant is taking on a huge liability, and people who now own the property.

Mr. Doyle states if you do not do a Phase I you could be liable. Mr. Dittmar states grass is growing there, but ground can be soaked into soil.

Mr. Iglesias states we do have properties where people have one truck parked in residential area with no opposition, but this is for 4 trucks-much bigger issue.

Upon a motion by Mr. Dittmar, seconded by Mr. Iglesias to deny ZB12-19 (A yes vote is to deny)

RCV: Mr. Iglesias, yes, Mr. DeCesari, yes; Mr. Doyle, yes, Mr. Gaetano, yes; Mr. Dittmar, yes; Mr. Schiavone, yes, Mr. Gravenor, yes. Motion passed-application denied.

Secretary’s Report

Upon a motion by Mr. DeCesari, seconded by Mr. Doyle, all in favor, to approve the September Secretary’s Report in the amount of $2,070.00.

RCV: Mr. Iglesias, yes, Mr. DeCesari, yes; Mr. Doyle, yes, Mr. Gaetano, yes; Mr. Dittmar, yes; Mr. Schiavone, yes, Mr. Gravenor, yes. Motion passed

Resolutions None-No applications

Correspondence No Action

Adjourn

Upon a motion by Mr. DeCesari, seconded by Mr. Brandt, all in favor, to adjourn the meeting at 8:06 pm.

Respectfully submitted,

E. Lynne Rafuse,

Zoning Board Secretary

Township of Franklin