ZONING BOARD OF
ADJUSTMENT
REGULAR MEETING
The regular
meeting of the Township of Franklin Zoning Board of Adjustment was held at
PRESENT: Donald Johnson, Bruce McCracken,
Harold Weber, Grace Evans and Chairman Thomas
ABSENT: Raymond Betterbid, Alfred Ceaser,
Robert Shepherd and Robert Spicuzzo
ALSO PRESENT: Patrick
Bradshaw, Board Attorney, Mark Healey, Professional Planner, Vincent Dominach,
Sr. Zoning Officer, Olga Burke, Administrative Officer and Diane Milgram,
Recording Secretary
MINUTES
Mr.
McCracken made a motion to approve the minutes as submitted. Mr. Weber seconded the motion. The roll was called as follows:
FOR: Mr.
Johnson, Mr. McCracken, Mr. Weber, Ms. Evans and Chairman Thomas
AGAINST: None
RESOLUTIONS
Mr.
McCracken made a motion to approve the Resolution as submitted. Ms Evans seconded the motion. The roll was called as follows:
FOR: Mr.
Johnson, Mr. McCracken, Ms. Evans and Chairman Thomas
AGAINST: None
Mr.
McCracken made a motion to approve the Resolution as submitted. Ms. Evans seconded the motion. The roll was called as follows:
FOR: Mr.
McCracken and Chairman Thomas
AGAINST: None
Mr.
McCracken made a motion to approve the Resolution as submitted. Ms. Evans seconded the motion. The roll was called as follows:
FOR: Mr.
McCracken, Mr. Weber, Ms. Evans and Chairman Thomas
AGAINST: None
Mr.
McCracken made a motion to approve the Resolution as submitted. Ms. Evans seconded the motion. The roll was called as follows:
FOR: Mr.
McCracken, Ms. Evans and Chairman Thomas
AGAINST: None
Mr.
McCracken made a motion to approve the Resolution as submitted. Ms. Evans seconded the motion. The roll was called as follows:
FOR: Mr.
McCracken, Ms. Evans and Chairman Thomas
AGAINST: None
HEARINGS
This
application for a Use Variance and Site Plan to replace an existing lattice
tower and place 12 panel antennas at the top of a monopole with associated equipment
cabinet located at
This application for a Use Variance and Site Plan with variances to
construct a two story mixed use building consisting of a convenience store,
food court and office space with associated parking located at 390 Davidson
Avenue, Block 502.01 Lot 57.01 in the Corporate Business Zone was carried to
May 18, 2006. There will be no further
notification required.
Michael and Vivian Toth were sworn in.
The Applicants are requesting a Certification for a Pre-existing
Non-conforming use for a two-family dwelling located at
Ms. Toth explained that her family moved into the house in 1949 and then
became the owner of the home in 1971.
Ms. Toth provided the Board with 5 letters from neighbors confirming the
house was a two-family dwelling since the 1950s. These letters were marked into evidence as
Exhibit A-1 through A-5. Exhibit A-6 was
a copy of a tax record indicating the house was built in 1949, which was marked
into evidence. The Applicants submitted
an affidavit supporting the use of the home as a two-family dwelling since
1949.
Mr. Dominach requested that the Board allow him to issue the zoning
permit so that a fire inspection can be completed. The owners are in the process of closing on
the home.
There were no questions or comments from the public.
Mr.
McCracken made a motion to approve this application as discussed. Ms. Evans seconded the motion. The roll was called as follows:
FOR: Mr.
Johnson, Mr. McCracken, Mr. Weber, Ms. Evans and Chairman Thomas
AGAINST: None
Stephen Buzbee, the architect for the project, appeared with the owners
of the property, Skip D. Drumm and Alan Gross.
The three individuals were sworn in.
The Applicants are seeking a Hardship Variance to construct an addition
to a single family dwelling located at
Mr. Buzbee explained that the homes in the area, similar to this ranch
style home, have 2-foot overhang eaves.
The addition was designed to keep the original look of the homes in the
area. The Applicant will comply with the
staff reports.
There was no was no one from the public who had any questions or
comments.
Mr.
McCracken made a motion to approve this application as discussed. Mr.
Weber seconded the motion. The
roll was called as follows:
FOR: Mr.
Johnson, Mr. McCracken, Mr. Weber, Ms. Evans and Chairman Thomas
AGAINST: None
Michelle Tullio, Esq.,
Ms Tullio requested an adjournment until a full Board could hear this
matter. The matter was carried to March
2, 2006 with no further notification required.
The Applicant granted an extension of time to the Board.
Michelle Tullio, Esq.,
Ms. Tullio gave a brief overview of the last four meetings. She explained that if the Board grants the
Use Variance, then the Applicant would come back before the Board for a full
site plan review and approval.
Elizabeth Dolan, P.E., was previously sworn in and the Board accepted her
qualifications as a traffic expert. She
appeared before the Board on July 7, 2005 and provided expert traffic testimony
as it relates to the proposed use by the Applicant. Ms. Dolan, after comments raised at the last
meeting regarding traffic at other YMCA facilities, conducted an additional
traffic analysis. Ms. Dolan explained
that after reviewing the trip generation for the Hillsborough YMCA facility,
the numbers she represented to the Board are accurate. She did not do a trip generation for any
other YMCA facilities but did review the parking provision at the
Mr. Weber had several questions for Ms. Dolan relating to the traffic
impact that the medical facility would generate on the area roadways. Ms. Dolan explained that the site will not
move into the vacated area that was created recent realignment of
The Board had several questions relating to the site and Ms. Tullio
explained that Mr. Chadwick, the Applicant’s Professional Planner, would be
available at the next meeting to address their questions.
Ms. Dolan stated that the recently approved 900-unit project at
Summerfields at
Ms. Dolan did an analysis of the traffic if the site was developed in
accordance with a permitted use in the ROL zone. She explained that if the site was developed
it could yield an approximately 700,000 square foot office space. This space could be a medical or general
office facility and that a medical office facility would generate a little more
traffic than a general office facility.
Ms. Dolan explained that during the morning peak hour the site would
generate approximately 900 trips and for the evening peak hour it would
generate approximately 700 trips which is comparable to a general office. Ms. Dolan explained that the trip generated
for permitted uses are consistent with the Applicant’s mixed use project.
Going back to the Summerfield’s mixed use project, Ms. Dolan clarified
that the Summerfield project was not included in her analysis as the plan is
more recent. However, she believes that
the Summerfield project did include this project in their traffic
analysis. Ms. Dolan will supply the
Board with a copy of Summerfield’s traffic analysis for their review.
The meeting was opened to the public to question Ms. Dolan’s
testimony. Approximately fifteen area
residents came forward including the owner and General Manager of Somerset Pool
and Fitness Club. Many residents
questioned the impact that the YMCA would have on the surrounding roadways and
the basic necessity for a YMCA facility.
Several residents inquired about Ms. Dolan’s professional experience and
qualification while other residents questioned her methodology and the accuracy
of the information she presented before the Board.
Ms. Dolan responded to the public’s questions. In response to removing the YMCA facility
from this project, she explained that it would reduce approximately 15 to 20
percent of the vehicles traveling on
The public portion of the meeting was closed.
Mr. Weber made a motion for the Township to hire a traffic expert to do a
traffic impact analysis for this proposal.
Mr. Johnson seconded the motion.
Mr. Weber questioned whether the study completed by Ms. Dolan over a
year ago is still current and reliable.
Chairman Thomas went back to the traffic analysis for the Summerfield
project and asked for this report prior to commissioning their own expert. Mr. Dominach explained that it is not
customary for Boards to conduct their own study but to rely on professional
staff experts to review the Applicant’s reports and report their findings to
the Boards. The Board discussed the cost
of commissioning such a report. Mr.
Weber withdrew his motion. Ms. Dolan
agreed to submit the traffic analysis report that was completed by
Summerfield’s at
Lauren Staines-Giardino, P.P. and architect who was previously sworn in
addressed the public regarding the visual aspect of the project.
Exhibit A-11, a site study diagram, which depicts the view from the
nearest neighbor to the project, was marked into evidence.
Ms. Staines explained that her study took the two closest homes on
Ms. Evans asked about relocating the YMCA facility closer to the high
school’s property. After a brief
discussion regarding other possible locations within the site, Ms. Tullio and
Ms. Staines agreed to review the suggestions made by Ms. Evans. The Applicant also agreed to contact the
Board of Education to discuss this matter, as currently there is no agreement
between the high school and the YMCA.
The meeting was opened to the public and approximately 5 residents came
forward to ask about the lighting, the noise, headlights, clarification of the
views from the neighboring homes and various other issues. One resident asked about the retail hours in
comparison to a permitted use in the ROL zone.
There was one question raised about the air conditioning condenser unit
located on top of the medical facility.
Ms. Staines responded to the public’s questions. Ms. Staines explained that light spillage
would be controlled and kept downward on the site. She explained that if the retail space was
relocated, it might have a less than desirable location and it could possibly
start to expose the less desirable features.
The medical facility would be either two buildings each with two stories
or one three story building. The
Applicant has left this issue at the discretion of the Board. As for the trash vehicles with headlights
higher than a passenger vehicle, Ms. Dolan explained that trash pick ups are
usually done during the day and therefore the trucks would not need to use
their lights. Ms. Dolan stated that it
would be reasonable to conduct a study to see if headlights would shine into
residents’ homes along
The public portion of the meeting was closed.
The Board requested that Ms. Tullio supply the traffic survey from the
other development 10 days prior to the next meeting. The Board also requested that the Applicant
review the relocation of the YMCA issue and speak with the School Board for
their input.
This meeting was carried to April 20, 2006 with no further notification
required. An extension of time was
granted to the Board from Ms. Tullio.
MEETING
ADJOURNED
A motion was made and seconded to adjourn the meeting at 10:20 p.m. All members were in favor.
Respectfully submitted,
Diane Milgram, Recording Secretary
February 22, 2006