Page 1 of 11 Minutes of the Board of Adjustment of the Township Of Hanover Chairman Stanziale called the Meeting to order at 7:42 PM and The Open Public Meetings Act statement was read into the record: Board Secretary, Kimberly A. Bongiorno, LUA, took the Roll Call. In attendance were Members: Absent were Members: Alwell, Caruso, Fomchenko, Hingos, Iradi, Neidhardt, and Chairman Stanziale Donaldson and Walsh Also present were Board Attorney, Daniel Bernstein, Township Planner Blais Brancheau and Township Engineer, Gerardo Maceira, PE. Public Business Presented I. CORRESPONDENCE 1. Letters of Re-Appointment/Appointments Michael Alwell Four (4) Year Term Ending 12/31/21 II. REORGANIZATION 1. ELECTION OF CHAIRPERSON Motion to nominate Member Benjamin Stanziale as Chairperson. Moved by Member Fomchenko and seconded by Member Hingos. Seeing and hearing no others the nominations were closed Members Alwell, Caruso, Fomchenko, Hingos, Neidhardt, and Iradi were all in favor of Mr. Stanziale for Chairman for the 2018 term. Mr. Stanziale recused himself from the vote. 2. ELECTION OF VICE-CHAIRPERSON Motion to nominate Member Walsh as Vice-Chairman.
Page 2 of 11 Moved by Member Neidhardt and seconded by Member Fomchenko. Hearing no others the nominations were closed. Members Alwell, Caruso, Fomchenko, Hingos, Neidhardt, Iradi, and Stanziale were all in favor of Mr. Walsh for Vice Chairman for the 2018 term. 3. RESOLUTIONS a. Designation of Official Newspaper b. Designation of Board Attorney c. Appointment of Board Secretary d. Adoption of Schedule of Meetings Dates for the Year 2018 e. Membership in the NJ Federation of Planning Officials for the Year 2018 f. Designation of Completeness Official The 2018 Reorganization Resolutions stated above were adopted as written. Moved by Member Fomchenko and seconded by Member Neidhardt. Members Alwell, Caruso, Fomchenko, Hingos, Neidhardt, Iradi, and Chairman Stanziale were all in favor to adopt the above 2018 Reorganization Resolution as written. REGULAR MEETING OF BOARD OF ADJUSTMENT CALLED TO ORDER I. RESOLUTIONS TO BE MEMORIALIZED 1) CASE NO. 1815 APPLICANT/OWNER WOJCIECH & EMILIA MATULA 34 WASHINGTON AVE. BLOCK: 8501 LOT: 19 ZONE: R-15 Applicant sought variance relief to construct a two story addition at the rear and right side of the existing structure, relocation of the existing front entry stairs and roof structure, new patio and driveway extension at rear. Applicant sought relief from sections 166-173A(1)(2), 166-113 and 166-136C. Application was approved with conditions December 21, 2017. Motion was made to adopt the above resolution as written. Moved by Member Fomchenko and seconded by Member Hingos. Members Caruso, Fomchenko, Hingos, Neidhardt, Iradi, and Chairman Stanziale were all in favor.
Page 3 of 11 2) CASE NO. 1783 APPLICANT/OWNER JEFFERSON PROPERTIES MANAGEMENT & DEVELOPMENT LLC 40 SOUTH JEFFERSON ROAD BLOCK: 2904 LOT: 4 ZONE: I Applicant requested permission to use this site to park Eagle tow trucks as well as impounded vehicles, to park Realin trucks, to park Cow storage containers, to park limousines, to provide dead storage for Stephen Gould and to park Dimensional Dynamics vehicles. Applicant sought relief from sections 166-124 A 1-7, 166-15.3K(2), 166-15.3K(3), 166-155, 166-120.4A(5), 166-124A(3). Application was approved with amendments and conditions October 19, 2017. Resolution was deferred to a later date. II. MINUTES FOR APPROVAL December 21, 2017 The Minutes from December 21, 2017 were adopted as written. Moved by Member Fomchenko and seconded by Member Neidhardt. Voice vote, all present members were in favor. III. PUBLIC HEARINGS 1) CASE NO. 1819 APPLICANT/OWNER DEBORAH CHIMENTO 94 REYNOLDS AVE. BLOCK: 7701 LOT: 1 ZONE: R-15 Applicant is seeking C and D variances to construct a 521 sq. ft. addition on the south end of the existing dwelling for a two car garage and a 1,593 sq. ft. addition on the second floor above the existing dwelling and the proposed garage addition as well as other onsite improvements. Applicant is seeking relief from section 166-173A(2) minimum front yard 40 ft. required, between 25.8 and 13.3 is being requested, 166-173A(3) minimum side yard of 18ft. is required, between 6.7 ft. and 5.3 ft. is being requested, 166-173A(4) minimum rear yard required is 40 ft. and 3 ft. is being requested, 166-113.1 maximum building coverage is not to exceed 20% and 38.6% is being requested, 166-113.1 maximum improvement coverage is not to exceed 40% and 53.7% is being requested, 166-113.1 maximum floor area ratio allowed is 30% and 63.6% is
Page 4 of 11 Board decision due by: February 28, 2018 being requested. The existing one-story frame shed in the southeast corner of the property is proposed to remain. CASE PARTIALLY HEARD AND CARRIED FROM NOVEMBER 16, 2017. CASE CARRIED BY LETTER TO FEBRUARY 15, 2018. 2) CASE NO. 1818 APPLICANT/OWNER DOMINIC & ANNETTE PALMIERI 25 SOUTH BEAUMONT PL. BLOCK: 7002 LOT: 13 ZONE: R-R-25 Board decision due by: February 20, 2018 Applicant is seeking C variance relief in order to permit a six-foot fence located in the second front yard along Griffith Dr. DUE TO DEFECTIVE NOTICE THE APPLICATION HAS BEEN CARRIED TO FEBRUARY 15, 2018 AND NEW NOTICE WILL BE SERVED. 3) CASE NO. 1821 APPLICANT: ANTHONY USAVAGE OWNER: ANTHONY & SAMANTHA USAVAGE 51 LOCUST DRIVE MORRIS PLAINS (CEDAR KNOLLS) BLOCK: 501 LOT: 7 ZONE: R-15 Board decision due by: May 8, 2018 Applicant is seeking C variance relief in order to construct a solid six-foot vinyl fence that is located in the second front yard on a corner lot along Poplar Drive. When the maximum permitted height is 3.5 feet and at least 50% openings are required in the fence. DUE TO DEFECTIVE NOTICE THE APPLICATION HAS BEEN CARRIED TO MARCH 15, 2018 AND NEW NOTICE WILL BE SERVED ONLY TO THOSE WHOSE NOTICE WAS DEFECTIVE. 4) CASE NO. 1795 APPLICANT: COBRA AUTO PARTS OWNER: JOE LASORSA & SONS, INC. 156 PARSIPPANY ROAD BLOCK: 8503 LOT: 4 ZONE: R-40 Applicant is requesting an extension of time to perform the planting contemplated under the approval granted January 19, 2017. Larry Calli Attorney for the Applicant
Page 5 of 11 - Gave an overview of the approved application and the status of the application timelines. - The trailers that were over the property line have been moved. - They are asking that the planting timeline be moved. - Asking the Board to look at the aesthetics of the trailer. Chairman Stanziale - Wants to know what the projected dates are. William Lane - Engineer for the applicant. - Sworn in by the Board Attorney. - They are waiting on the final sign off from the Hanover Sewerage Authority; it should be done within the next couple weeks. - It is down to the aesthetics of the trailer and the planting schedule. - They are looking to bring plantings in at the end of the project so that the landscaping is not trampled and destroyed during the installation of the trailer. Mr. Calli - The trailer is not being abandoned and it is on the site plan to be installed. - Same deadline as pavement and fencing for the trailer and planting to be completed by January 2019. Mr. Brancheau - Reviewed the last review of the site plans that were submitted and what items are still outstanding. - The review is dated January 2018. Chairman Stanziale - Questioned why the plan wasn t completed sooner if the applicant was in a rush. Mr. Calli - The plans were not approved by the town and that was what was holding them up. Mr. Brancheau - Reviewed the conditions per the adopted resolution. - Exhibit A-1: 5 pages of photos of the proposed trailer. - Feels that the trailer should have a more residential appearance with a pitched roof and shutters. - Would consider a higher height with the pitched roof.
Page 6 of 11 Mr. Calli - Pitching the roof may be cost prohibitive. Board Secretary - Showed the applicant and the Board photos online of trailers with a small pitched roof. Board - Wants the trailer to look more like a residential trailer. Mr. Neidhardt - Does not think the proposed trailer looks residential at all. - Does not feel it fits in with the residential zone and does not look residential. - Maybe it does not need the pitched roof but it must look like a residence. Ms. Fomchenko - Do the research, look into what the cost difference may be, and you may be pleasantly surprised that the cost is not much different. Mr. Calli - Questioned how they get past the 12.5 foot requirement. Mr. Bernstein - Should consider this a principal building, a practical solution with a maximum height. Mr. Maceira - The height should not exceed 20 ft. Mr. Brancheau - The deadline for landscaping is extended to January 1, 2019 but that is not a deadline for the trailer, the trailer is optional. Opened to the public Seeing and hearing none Closed to the public
Page 7 of 11 Motion to approve with conditions. Moved by Member Neidhardt and seconded by Member Fomchenko. Members Alwell, Caruso, Fomchenko, Hingos, Neidhardt, Iradi, and Chairman Stanziale voted in favor. 5) CASE NO. 1660-R3 APPLICANT/OWNER 101 ROAD LLC 101 RD. BLOCK: 5801 LOT: 6 ZONE: R-25 Board decision due by: February 28, 2018 Applicant is seeking preliminary and final site plan approval and C & D variances to expand previously approved Phase II building from 50,972 sq. ft. to 54,025 sq. ft. To convert 88 existing skilled nursing beds to assisted living/alzheimer beds and to add another 43 beds for a total of 131 beds to be determined as 38 assisted living beds and 93 Alzheimer beds. Donna Erem Attorney for the Applicant Board Member Alwell has a conflict of interest and has recused himself from the case. - Care One decided not to convert the 88 beds. - Phase II will be reducing the number of assisted living from 85 to 78 39 straight assisted living and 39 Alzheimer s beds. - There will be a 3,072 sq. ft. addition. - Seeking a variance to expand and seeking a C height variance. - Also seeking a variance for generators to allow for 3,000 gallons where 2,500 is allowed. - All of the paving has been completed and the site has been cleaned up per the Boards prior requests. - The generator has to comply with DEP regulations. Michael Fowler - Engineer for applicant. - Will be installing a second emergency generator. - Presently the generator for Phase I will install another approximately the same size for phase II. - Proposed generator will hold 2,000 gallons and Phase I generator holds 1,000 gallons. - New regulations require 48 hours of fuel. - Ordinance allows for 2,500 gallons stored, requesting 3,000. - Discrepancy of sq. footage of existing building actual sq. footage is 43,500.
Page 8 of 11 - The generator also has double walled tanks and spill protection alarms. - They meet NFPA 110 requirements. - They are run on diesel fuel. - Natural gas generators are not permitted for healthcare. Reviewed Engineers Report dated December 19, 2017. They will comply with the Township Engineers requirements and all of the outside agency reports. Mr. Neidhardt - Questioned the screening of the generators and the noise decibels. - It will all be compliant with regulations regarding the noise. Mr. Brancheau - Who is going to be testifying on the number of beds? - 162 beds are proposed. - It will be addressed by the architect. Open to the public Seeing and hearing none Closed to the public Break Back on record Michael Pomarico - Architect for applicant. - Gave overview of educational and professional background. - Accepted by the Board as an expert witness. - Exhibit A-1: colored elevations. - Only changes made were on the interior of the building. - The total number of beds changed from 170 to 162.
Page 9 of 11 - The beds were reduced but common areas; the library, the fitness center, the support space, the dining room, and common spaces were all increased. - The building height has been revised and lowered to 37.67 feet as it was previously in the plans at 38.25 feet. - It was previously approved at 36.8 feet. Opened to the public Seeing and hearing none Closed to the public - They will meet DEP requirements at the property line for the DEP requirements for the generator. - They will submit a screening plan to Mr. Maceira. Matthew Murello - Acoustical Engineer for the applicant. - Sworn in by the Board Attorney. - Accepted by the Board as an expert witness. - Explained the analysis and findings in the report Acoustical Evaluation of the Proposed Care One Emergency Generator dated December 11, 2017. - Hours of testing the generators would be once a month for 30 minutes. The Board suggested that the hours of testing be between 11am and 4pm on weekdays. - The generator is required by the state to provide power for at least 48 hours for all services for the facility. Mr. Murello - Speech interference happens at about 70 DBA. Open to the public Seeing and hearing none Closed to the public Paul Phillips
Page 10 of 11 - Professional Planner for the Applicant. - Sworn in by the Board Attorney. - The total bed count is 162 which is 8 beds less than the prior approval. - Parking will remain at 94 spaces. - The property is in an R-25 zone. - They are requesting a variance for the building height to be 37.67 feet where 35 feet is allowed. - They are also requesting a variance for above ground fuel storage of a 3,000 gallon tank where a 2,500 gallon tank is allowed. - They are requesting a D variance for use because it is not allowed in a residential zone. Mr. Neidhardt - Questioned the floor area for Phase II. Mr. Pomarico - It is due to the terrace overhang inside the courtyard. - Requesting an extension of time, they are seeking 2 years. - Agreed to pay the $200 fee for the extension. Ms. Bongiorno - Will check the remaining escrow to see if the $800 escrow can be waived. - They are serious about building this and even though it has taken so long they are still determined to continue with this project. Opened to the public Seeing and hearing none Closed to the public Mr. Bernstein - Reviewed the conditions of approval. Motion to approve with conditions and give an extension until March 1, 2020. Moved by Member Hingos and seconded by Member Neidhardt.
Page 11 of 11 Members Caruso, Fomchenko, Hingos, Neidhardt, Iradi, and Chairman Stanziale all voted in favor. Meeting Adjourned at 9:41 P.M. KIMBERLY A. BONGIORNO, LUA. BOARD SECRETARY BOARD OF ADJUSTMENT TOWNSHIP OF HANOVER COUNTY OF MORRIS STATE OF NEW JERSEY