April 11, 2002
The monthly meeting Greenwich Township Board of Adjustment was held on the above date and was called to order by Bruce Williams, Vice- Chairman, at 7:30 P.M., in the Municipal Building. The meeting opened with the Pledge of Allegiance.
Pursuant to the Open Public Meetings Act, Chapter 231, PL, 1975, adequate notice of this meeting has been given in accordance with the Open Public Meetings Act by:
- Mailing a notice of scheduled meetings of the Greenwich Township Board of Adjustment to the Express-Times, Phillipsburg Free Press and The Star-Ledger.
- Posting a notice thereof on the Township bulletin board.
- Filing a copy thereof with the Township Clerk.
Board members present: Steve Babula, Elaine Emiliani, Patrick Mahoney, Robert Vetrecin, Robert Volk, Bruce Williams, Kathy McDermid, Bill Savino. Also present was William Edleston, Esq. Ray Buckwalter arrived at 7:45 P.M.
Patrick Mahoney made a motion, seconded by Steve Babula, to adopt the minutes of the March 14, 2002 meeting. The motion carried with an affirmative “aye” vote.
Application #23-02, John Aquino, Block 11, Lot 13, Route 57 & North Main Street, has withdrawn his application.
ABAL Contracting. A letter was received from Howard Apgar, Esq., on behalf of ABAL Contracting, Inc., requesting that the Board of Adjustment carry their application over to the May 10, 2002 meeting. Patrick Mahoney made a motion, seconded by Robert Vetrecin, to grant the request and carry Case No. 00-25, ABAL, Inc., over to the May 10, 2002 meeting. The vote is as follows:
IN FAVOR: Babula, Emiliani, Mahoney, Vetrecin, Williams, McDermid,
Savino.
OPPOSED: None.
ABSTAINED: Volk.
Motion carried. Application carried over to the May 10, 2002 meeting.
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Medarex. A letter was received from Bruce Jones, Esq., on behalf of Medarex, Inc., requesting that the Board of Adjustment carry their application over to the May 10, 2002 meeting. Elaine Emiliani made a motion, seconded by Robert Volk, to grant the request and carry Case No. 21-02, Medarex, Inc., over to the May 10, 2002 meeting. The vote is as follows:
IN FAVOR: Babula, Emiliani, Mahoney, Vetrecin, Williams, McDermid,
Savino, Volk.
OPPOSED: None.
ABSTAINED: None.
Motion carried. Application carried over to the May 10, 2002 meeting.
Case No. 22-02, Loren Robinson, Block 23.26, Lot 1, 600 Stocker Street. Ms. Robinson is seeking a use variance to allow a law office in her home. Ms. Robinson’s home is in the PDSFZ Zone and businesses in that residential zone are not permitted.
The Board secretary reviewed the affidavit of publication and found it to be timely and proper notice was given to property owners within 200’, giving the Board jurisdiction to conduct a public hearing.
Steve Babula made a motion, seconded by Elaine Emiliani, to open the public hearing. The vote is as follows:
IN FAVOR: Babula, Emiliani, Mahoney, Vetrecin, Williams, McDermid,
Savino, Volk, Buckwalter.
OPPOSED: None.
ABSTAINED: None.
Motion carried. Public Hearing is open.
Sworn in by Attorney Edleston, Ms. Robinson testified that she would like to establish a law office in the basement of her home. This is a non-permitted use in the PDSFZ Zone.
Ms. Robinson stated that she does not specialize in one certain area of the law. Ninety percent of her clients would be family members or friends and ten percent would be any referrals that she would receive. Her practice would be a general practice and she basically would be drafting deeds, real estate closings, and entertainment contracts. There would be a minimal amount of work. Ms. Robinson stated that she is licensed in the State of New York and New Jersey. Ms. Robinson presently works in Manhattan. The work in her home would be in addition to her work in Manhattan.
Ms. Robinson is not proposing any signage. If her practice would grow, she would move to a new location where she could have signage. Ms. Robinson stated that this is still her
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home and she would limit the amount of people coming into her home. A secretary would be hired because the State of New Jersey requires someone to answer the phone. Ms. Robinson’s mother would be hired as her secretary.
On a routine basis, Ms. Robinson stated that, initially, it probably would just be family members coming into her home. Ms. Robinson can’t anticipate how long it would take to build a practice, but if in one year her practice grew, she would look for another place to set up practice.
Attorney Edleston stated that to make it a business, this means employing someone that doesn’t reside in the household and the fact that clients are coming into the home.
When having a closing, Ms. Robinson stated that she would prefer to have the closing at another lawyer’s office in order to reduce the number of people coming into her home. There are conference places where she could have closings. Ms. Robinson stated that this is a residential area and doesn’t want to create any additional traffic.
Ray Buckwalter stated that she would like to see Ms. Robinson succeed, but how does the Board put stipulations into a variance of this nature so the other neighborhood people are protected. Off street parking could be an issue if the practice grows and at what point does the business no longer belong in the home.
Ms. Robinson stated that she doesn’t want to create any additional traffic so her clients could be scheduled appropriately so there isn’t an increase in traffic. Ms. Robinson doesn’t want a lot of cars parked outside of her home or in her driveway.
Ms. Robinson currently works Monday through Fridays from 9:30 to 5:30. Ms. Robinson stated that she probably would be operating business from her home three days a week. Ms. Robinson stated that her evening hours, probably, would be from 7:00 P.M. to 9 or 9:30 P.M. There would be no work on Saturdays. There would just be evening work at the present time.
Kathy McDermid’s concern is that if it is not allowed in this zone and if you allow one, what is going to stop other people from doing it. Ray Buckwalter stated that every application is different, but if you grant one resident permission and deny another resident, the Board would be more susceptible to be taken to court.
Bruce Williams stated that restrictions could be placed on the applicant, but it is an area that is extremely difficult to enforce. The town just doesn’t have a means to enforce it.
Ray Buckwalter stated that this type of business is different from a salesman working out of his home. People would not be going in and out of a salesman home like they would a
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lawyer’s office in the home and it wouldn’t be the legal address of the business. An employee wouldn’t be there, also.
Ray Buckwalter addressed the public for their concerns. The following residents spoke:
Michael Chomicki, 606 Stocker Street. Mr. Chomick’s primary concern is that the PDSFZ Zone does not permit a business. This would be more of a general practice where there will be people coming and going. There is not enough off-street parking and Mr. Chomicki is worried about the children’s safety. Right in the immediate vicinity, there are approximately 20 children and there is a bus stop right across from Ms. Robinson’s home. Additional traffic will be entering and exiting the area and there also could be additional deliveries on the street. Mr. Chomicki is also worried about his property value once people identify with the office and notice that there is a lot of traffic on the street and parking in front of the house. Mr. Chomicki stated that he feels that there is plenty of empty office space in the area where Ms. Robinson could have her office. If there is a problem, he knows of no one in the town that would be able to enforce it. When Mr. Chomicki moved in Wyndham Farms, he was aware that businesses were not allowed.
Meyra Davison, 507 Marlin Farm Road. Ms. Davison stated that she is an attorney and understands that people need to build up a practice. However, when she purchased her property she knew it was a residential zone. There is a school bus stop across the street at Marlin Farm Road and Stocker Street. As the practice gets built up, the foot traffic does increase. Any increase in traffic will cause danger to the children and they have to be protected. This area has to remain a residential area. If Ms. Robinson wishes to have a business, there are places that can be rented. Ms. Davison stated that Ms. Robinson could rent space from other lawyers.
Bob Volk asked Ms. Robinson if she realized when she bought her home that businesses were not allowed. Ms. Robinson stated that she did not ask and that was not discussed.
Julio Lopez, 603 Stocker Street. Mr. Lopuz’s main concern is the safety. There are a lot of children playing in the area.
Upon hearing no further comments, Robert Volk made a motion, seconded by Robert Vetrecin, to close the public hearing. The vote is as follows:
IN FAVOR: Babula, Emiliani, Mahoney, Vetrecin, Williams, McDermid,
Savino, Volk, Buckwalter.
OPPOSED: None.
ABSTAINED: None.
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Ms. Robinson responded to her neighbors concerns. Ms. Robinson stated that she, also, is concerned about safety. She has a son and would never endanger the lives of children. She treats the neighbors’ children just like she would treat her own son.
Regarding renting space, Ms. Robinson stated that she did consider that option, but, at the present time, that is cost prohibitive.
Chairman Buckwalter addressed the Board for their comments. The following comments were made:
Patrick Mahoney stated that the biggest issues seem to be safety and parking. Ms. Robinson stated that Monday through Friday she has other obligations. The only person that would park at her home would be her mother.
Ray Buckwalter stated that he understands what Ms. Robinson is trying to do and would love to accommodate her, but once a variance is granted for this type of business in the home, regardless of whatever type of limitations that are put on the variance, the Board has to consider the ramifications of where it could go.
Bruce Williams stated that he doesn’t have a problem with businesses in the homes, but when you have a zone where businesses are not permitted and people buy homes in that area because that is a consideration for them to buy there, that is a problem. There are areas in the township that does allow businesses in the home. The entire township is not restrictive to businesses.
Kathy McDermid stated that people bought into that development because businesses are not allowed. That area has restrictions and should stay residential.
Steve Babula feels that if you allow one, you are opening the door for others. Attorney Edleston stated that if someone else comes in with an application, it would be hard to deny that application. Ms. Robinson has pleaded her case as well as she can, but this is a use variance and even if conditions were placed on the variance, conditions are only as good as enforcement.
Robert Vetrecin stated that, apparently, it is a legal requirement for Ms. Robinson to have an office and in order to accommodate that legal requirement, is there such a way to accommodate that legal requirement without really impacting the change in the nature of the neighborhood. Attorney Edleston stated that if you practice in New Jersey, you have to have a bonafide office in the State. Out of State attorneys will sometimes rent space and share a receptionist. The State states that you have to have more than an answering machine or voice mail.
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Ray Buckwalter stated that 90% of what Ms. Robinson wants to do, she could do without needing a variance to run a business. She could work from home without having clients coming to and from the home. Typing documents, filing, etc. would not warrant a variance.
Bill Savino stated Ms. Robinson really couldn’t have a bonafide office in her home, which means that she couldn’t have letterhead showing the Stocker Street address on it. Mr. Savino is in agreement with the rest of the board members in that the area should stay residential.
Bruce Williams made a motion, seconded by Robert Volk, to grant the use variance to Case #22-02, Ms. Robinson, to allow a business in her home in the PDSFZ Zone. The vote is as follows:
IN FAVOR: Volk
OPPOSED: Babula, Emiliani, Mahoney, Vetrecin, Williams, Buckwalter.
ABSTAINED: None.
Motion fails. Application denied. The main reasons for the denial were safety and keeping it a residential area.
Robert Vetrecin made a motion, seconded by Patrick Mahoney, to adjourn the meeting. Motion carried. Meeting adjourned at 8:15 P.M.
Elva N. Pomoy
Planning Board Secretary
Ray Buckwalter
Chairman