ZONING BOARD OF ADJUSTMENT Meeting Minutes April 21, 2015

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1 MEMBERS PRESENT: Jeffrey Banasz Richard Crane MaryAnn Fallows Richard Koory Michael Locatell Joseph Maguire Steve Solomon Mark Williams STAFF PRESENT: Peter D. Clifford Board Secretary Peter Thorndike, Board Attorney Michael Wisnosky, Board Architect James Ruddiman, Board Engineer Karen Daily, Recording Secretary ABSENT: None Mr. Locatell called the meeting to order at 7:33 pm in the Council Chambers of Town Hall, 111 West Second Street by reading the Open Public Meeting Act statement. The Pledge of Allegiance followed a moment of silence. Roll call was taken by Mr. Clifford as listed above. RESOLUTIONS: ZBA# David Khanlian & Jennifer Hilinski. A motion to accept this resolution as written was made by Mr. Crane and seconded by Mr. Banasz. The roll call vote of eligible Board members was unanimous in favor. So moved. ZBA# Daniel & Megan Young Services, LLC. A motion to accept this resolution as written was made by Ms. Fallows and seconded by Mr. Koory. The roll call vote of eligible Board members was unanimous in favor. So moved. MINUTES: Mr. Koory made a motion, seconded by Mr. Banasz to approve the minutes for March 17, 2015 as written. The voice vote was unanimous in favor. So Moved. PUBLIC HEARING: ZBA# Lockheed Martin Corporation, Block 6700, Lot 10, Zone SRI, 199 Borton Landing Road is a Preliminary & Final Site Plan; Conditional Use Variance; Bulk Variance; Submission Waiver; and Conditional Use application. The applicant, Lockheed Martin Corporation, was represented by Victoria C. Fannon, Esquire, Parker McCay, PA, 9000 Midlantic Drive, Suite 300, Mount Laurel, New Jersey. R. Jeffrey Haag, Manager, Facilities Engineer for Lockheed Martin, Robert R. Stout, P.E., Professional Engineer, Stout & Caldwell Engineers, LLC, 705 Route 130 South, Cinnaminson, New Jersey, Bruce F. Fredericks, radar program manager with Lockheed, Matthew Gruber, Antennea Design, Dave S. Miller, Professional Planner were sworn in. Mr. Haag, gave testimony regarding his position and responsibilities with Lockheed Martin. As facility manager he described the need for these buildings and towers. This site is located in the Northeast section of the township. It is located on two separate lots. There are approximately 2500 employees at the location of the proposed buildings and towers. Lockheed was awarded a contract 1

2 with the US Air Force to build a new space surveillance system. SpaceNet replaces the existing system since SpaceNet will aid the Air Force in monitoring space objects. This proposed equipment is critical in the early stages of design and development and testing of SpaceNet. There will be no additional employees required for this project. The ITB (Integrated Test Bed) permits radar testing. This system will allow the US Air Force to monitor in space, satellites, debris, rockets, etc. and help them guide and direct defense satellites and astronauts out of harm s way. It is critical to US defense to get this system up and running. Mr. Thorndike interviewed the applicant on the facts concerning the history of the property. The application is for a conditional use variance because the tower cannot be housed inside a building. There is an accessory height restriction in the ordinance. Robert R. Stout, P.E., Professional Engineer, Stout & Caldwell Engineers, LLC was introduced to give testimony. The Board accepted Mr. Stout as an expert witness. Exhibit A1 is a colorized aerial of the overall site. The Lockheed Martin property consists of 350 Acres with a 225 acre farm across the street. Currently there are 8 towers on the properties. Exhibit A2 is a 2014 aerial that shows all the improvements as it is today. Building 142 sits in the southeast corner of the site. The proposed building and towers will be tucked behind the 142 building and will be over 120 feet from the nearest residential home. As part of this application they are requesting a couple variances. A landscaping waiver of large buffered areas as they are not doing work near those residential areas. Exhibit A3 is a 3030 sq. ft. building with an access at the front, facing the railroad off Marne Highway. They are utilizing an existing stone road that will be upgraded to allow the full weight of a fire truck to traverse. There are three towers, 200 tower off Centerton Road right of way, the proposed monopole directly in front of the building and the 35 monopole at the corner of building. The conditional use require it to be inside of a building, they cannot do that with a tower. Applicant will be bringing in a new fire line and it will be looped into building 142. The building has 3 types of fire suppression, a sprinkler system, a gas fire suppression system and an alarm system connected to all of the other buildings and monitored. The facility is not a manned building. It is a testing facility. There are no bathroom facilities. No water usage at this site. Employees will enter the site, take their readings, and then exit. Applicant agrees to meet all of the conditions of the professional s letters for this project. Exhibit A4 is the architectural elevations for the project. There will be a domed top. This will be dwarfed by building 142. No residential structures will be able to see this building. It will be a Navy Gray raised seam panel building. As part of this application, the employees from the existing facilities will be entering this building. There will be no need for additional parking, therefore they are seeking relief from that requirement Mr. Gruber, gave testimony that he is involved with Antenna design. He is familiar with all FCC requirements and these towers will be below the FCC requirement thresholds. Mr. Solomon inquired as to frequencies going into residential homes. It was Mr. Gruber s testimony that there will be no radio frequencies of that type from this antenna. Lockheed has multiple layers of safety precautions and usually exceed FCC requirements. Mr. Miller, Professional Planner was recognized by the Board as an expert witness. He has been retained by Lockheed Martin to review the plans before this Board. Mr. Miller reviewed the 2

3 surrounding property uses. The land use patterns are stable in this area. Lockheed is seeking zoning relief. A conditional use variance for SRI use variance, and height variance and a C2 variance because the second monopole exceeds the height requirements. Mr. Miller gave testimony to the positive use impact for this property. This site remains appropriate because these activities cannot be performed without the proposed structures. These structures must be outside. Mr. Miller gave testimony that he feels the criteria for relief from these variances have been met by the applicant. Mr. Miller does not feel there will be a negative impact on the surrounding area if relief is granted. Similar facilities have been located on these properties for years and there have been no negative impacts on the surrounding properties. The use is consistent with the intent of the ordinance. Mr. Miller believes it satisfies both positive and negative criteria and would satisfy the Board. PUBLIC QUESTIONS/COMMENTS: None BOARD PROFESSIONALS: Jim Ruddiman was sworn in. He gave testimony regarding his meeting with the applicant and that they have agreed to address everything to his satisfaction. Mike Wisnosky had no comment. BOARD QUESTIONS/COMMENTS: Mr. Thorndike reviewed the requests for waivers to the Board. Mr. Maguire supports this application. BOARD DELIBERATIONS: A motion to approve this application was made by Mr. Maguire seconded by Ms. Fallows. The roll call vote of the eligible board members was taken by Mr. Clifford as follows: AYES: Jeffrey Banasz, Richard Crane, MaryAnn Fallows, Richard Koory, Michael Locatell, Joseph MaGuire, Steve Solomon, Mark Williams. NAYES: None. ABSENT: None. Mr. Thorndike advised the applicant of the procedure following this approval. Due to the fact that Lockheed was prepared to present at the last meeting, they asked Mr. Thorndike to prepare a Resolution that would meet all of the conditions discussed tonight that could be accepted tonight. This would allow Lockheed Martin move forward. Resolution was read by Mr. Locatell. A motion to approve this Resolution as written was made by Mr. Solomon seconded by Mr. Crane. The roll call vote of the eligible board members was taken by Mr. Clifford as follows: AYES: Jeffrey Banasz, Richard Crane, MaryAnn Fallows, Richard Koory, Michael Locatell, Joseph Maguire, Steve Solomon, Mark Williams. NAYES: None. ABSENT: None. ZBA# Julie LaVan, Block 2405, Lot 19, Zone R3, 271 West Main Street is a use Variance for business/office use in the R-3 zone. Mr. Banasz, Mr. Crane and Mr. Williams have recused themselves from this portion of the meeting due to a conflict of interest. 3

4 Michael C. Kondrla, Esquire, LaVan Law, 11 East Main Street, Second Floor, Moorestown, New Jersey appeared on behalf of the applicant. Mr. Kondrla reviewed the applicants requests for variances and the facts regarding the property located at 271 West Main Street. Nancy Jamanow, Professional Planner for the applicant was sworn in. The Board recognized Ms. Jamanow as an expert witness. Ms. Jamanow reviewed the proposed use of the property for the Board. Ms. Jamanow introduced the following Exhibits. Exhibits A1 and A2 are pictures of the front of the property and show that it is a residential structure. The property is located in a residential district. A use variance was given for this property in 1984 but there was a condition that it also be used as a residence as well. The applicant proposes to use the building as an office with five (5) employees. Typically the visitors to this site will be postal deliveries. This property is located in the R3 zoning district and located directly west of the fire house. Ms. Jamanow gave testimony that she feels this property is suited for this proposed purpose. Exhibits A3, A4 & A5 show the surrounding property uses. The use will not be a detriment to the public good or the zoning ordinances. A sketch of the new 12 sq. ft. sign was presented as Exhibit A6 as was suggested by the Board s professional architect, Mr. Wisnosky. The Board reviewed the exhibit. Mr. Wisnosky was sworn in. Placement of the sign was referenced in his letter to the applicant. If they are proposing meet the set back of 10, I would recommend this sign. Regarding the lighting, currently there are no other signs lit in that zone. There would be no significant impact from a gooseneck lit sign due to the light overflow from the fire department property. Ms. Cieslewich is requesting street trees. We would like to not include those trees. Exhibit A7 shows the front of the property and surrounding properties without trees. Exhibit A8 depicts the fencing and the current landscaping. Ms. LeVan is willing to comply with the other recommendations of the Board Professional Landscape Designer. PUBLIC QUESTIONS/COMMENTS: Ryan Vanderwielen, 274 West Second Street. Will this property will be permanently rezoned? Mr. Thorndike explained that the zoning will remain the same, the applicant is seeking permission from the Board to vary from the strict zoning ordinances. Will there be any additional lights off the property other than the gooseneck light for the sign? No additional lights. Will this property be rented for any other purposes? Mr. Clifford stated not without Township approval. BOARD QUESTIONS/COMMENTS: Mr. Ruddiman was sworn in. Mr. Ruddiman gave testimony regarding his recommendations and wanted to correct the existing calculations for impervious surface. According to his calculations he feels it has more like 55% and not the 35% as indicated on the application. Mr. Fallows asked if this building could be rented as a law firm to person other than the applicant. Mr. Thorndike confirmed that this could happen. BOARD DELIBERATIONS: A motion to approve this application was made by Mr. Solomon seconded by Mr. Maguire. The roll call vote of the eligible board members was taken by Mr. Clifford as follows: AYES:, MaryAnn 4

5 Fallows, Richard Koory, Michael Locatell, Joseph Maguire, Steve Solomon. NAYES: None. ABSENT: None. RECUSED: Mr. Banasz, Mr. Crane, Mr. Williams. Mr. Thorndike advised the applicant of the procedure following this approval. ADDITIONAL BUSINESS: Mr. Wisnosky addressed the Board. He currently lives in Annapolis Maryland and he will be starting a new job in Annapolis, which means he will unfortunately be leaving his position with this Board. He thanked the Board for the experience and the opportunity to serve. Ragan Design Group has another Professional Architect, Mara Wuebker who will be replacing him. The Board thanked Mr. Wisnosky and wished him well. ADJOURNMENT A motion to adjourn was made by Mr. Koory and seconded by Ms. Fallows. The meeting was adjourned at 8:56pm. 5