MINUTES - ZONING BOARD
November 10, 2014
The workshop portion of the meeting was called to order at 7:58 P.M. by Mr. Marotta
RESOLUTIONS OF MEMORIALIZATION
Application #ZBA-14-024:
Robert and Christine DeNotaristefani, Applicants
55 Nomahegan Court, Block 108, Lot 9, R-2 Zone
To permit construction of new fence that will exceed the maximum
allowable height in the side yard (§136-23I(2)
The Resolution of Memorialization approving the application (attached and made part of
these minutes) as amended was reviewed by the Board. After discussion, a motion to
approve the resolution was made by Mr. Bovasso, seconded by Ms. Hay and passed
with the following voting in favor of the motion: Mr. Marotta, Mr. Pistol, Mr. Bovasso,
Ms. Hay and Mr. Montani.
Application #ZBA-14-027:
Michael Kozlowski, Applicant
31 Wall Street, Block 596, Lot 5, R-5 Zone
To permit construction of new uncovered steps that will exceed the
maximum allowable encroachment into the front yard setback for steps
(§136-31D(3).
The Resolution of Memorialization approving the application for preliminary site plan
approval (attached and made part of these minutes) as amended was reviewed by the
Board. After discussion, a motion to approve the resolution was made by Mr. Pistol,
seconded by Mr. Bovasso and passed with the following voting in favor of the motion:
Mr. Marotta, Mr. Pistol, Mr. Bovasso, Ms. Hay and Mr. Montani.
Application #ZBA-14-028:
Judith Cook and Lynn Rhodes, Applicants
201 Beech Street, Block 128, Lot 9, R-4 Zone
To permit construction of an addition with less than the minimum allowable
rear yard setback (§136-30.9).
The Resolution of Memorialization approving the application for preliminary site plan
approval (attached and made part of these minutes) as amended was reviewed by the
Board. After discussion, a motion to approve the resolution was made by Mr. Bovasso,
seconded by Mr. Pistol and passed with the following voting in favor of the motion: Mr.
Marotta, Mr. Pistol, Mr. Bovasso, Ms. Hay and Mr. Montani.
Application #ZBA-14-029:
James Fitzgerald, Applicant
4 Raleigh Avenue, Block 275, Lot 1, R-3 Zone
Zoning Board Meeting
November 10, 2014
Page 2
To permit construction of new fence that will exceed the maximum
allowable height in the side yard (§136-23I(2)
The Resolution of Memorialization approving the application for preliminary site plan
approval (attached and made part of these minutes) as amended was reviewed by the
Board. After discussion, a motion to approve the resolution was made by Ms. Hay,
seconded by Mr. Montani and passed with the following voting in favor of the motion:
Mr. Marotta, Mr. Pistol, Mr. Bovasso, Ms. Hay and Mr. Montani.
Application #ZBA-14-030:
Terrance and Tamatha Costello, Applicants
3 Pine Street, Block 499, Lot 14, R-2 Zone
To permit construction of new uncovered steps that will exceed the
maximum allowable encroachment into the front yard setback for steps
(§136-31D(3).
The Resolution of Memorialization approving the application for preliminary site plan
approval (attached and made part of these minutes) as amended was reviewed by the
Board. After discussion, a motion to approve the resolution was made by Mr. Bovasso,
seconded by Mr. Montani and passed with the following voting in favor of the motion:
Mr. Marotta, Mr. Pistol, Mr. Bovasso, Ms. Hay and Mr. Montani.
MINUTES:
Motion to approve the minutes of September 8, 2014 (as amended) was made Mr.
Pistol, seconded by Mr. Bovasso and passed on unanimous voice vote.
Motion to approve the minutes of October 6, 201 (as amended) was made Mr. Bovasso,
seconded by Mr. Montani and passed on unanimous voice vote.
Motion to approve the minutes of October 27, 2014 (as amended) was made Mr.
Montani, seconded by Mr. Ruane and passed on unanimous voice vote.
OLD/NEW BUSINESS
None
The workshop portion of the meeting concluded at 8:05 P.M.
PUBLIC MEETING:
A public meeting of the Cranford Board of Adjustment was called to order by Mr.
Marotta on November 11, 2014 at 8:15 P.M. in Room 107 of the Municipal Building, 8
Springfield Avenue, Cranford, New Jersey. Mr. Marotta announced in accordance with
Zoning Board Meeting
November 10, 2014
Page 3
the terms and conditions of the Open Public Meetings Act, the Cranford Chronicle has
been notified and the agenda posted in the municipal building as required.
ROLL CALL:
Members Present:
Mr. Marotta
Mr. Pistol
Mr. Bovasso
Ms. Hay
Mr. Mallon
Mr. Montani
Members Absent:
Mr. Higgins
Alternates Present:
Mr. Ruane
Mr. Petrucci
Alternates Absent:
None
Also present: David Weeks, Esquire and Ruthanne Della Serra, Administrator, Bob
Hudak, Zoning/Planner
Mr. Marotta explained the protocol, purpose and procedure that will be followed during
the hearing.
1.
Application #ZBA-14-031:
John and Maura O’Connor, Applicants
49 John Street, Block 318, Lot 37, R-4 Zone
To permit construction of a new third story addition that will exceed the maximum
number of allowable stories (136-30.11)
John and Maura O’Connor, applicants, appeared and were sworn in. Drainage is on
their mind as well and has spoken to professionals to mitigate. Most of the project has
been submitted and permits issued but will comply with all storm water management
requirements.
Questions posed by members of the Board ascertained the following:
There were no further questions by the Board members
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November 10, 2014
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Mr. Marotta opened the application to the public for questions of the witnesses with no
one appearing and this portion of the hearing was closed with the matter referred back
to the Board.
Maria S. DeCosimo, Architect, appeared and was sworn in. Her credentials were
presented to the Board and she was accepted as an expert witness in the field of
architecture. Applicants are requesting a variance for height of a dormer of 6.6 feet.
The property is located on John Street. Plot plan depicts, as with most lots in the area,
long and narrow with a linear floor plan front to back. Applicant is renovating the home
with and part is to utilize the third floor that currently has full flight of access stairs, but
insufficient height. Dormer is placed in the center of the home to maintain the integrity
of the house from the street. No visual elevation change, mainly over stair area in
center of the house. Consider a handicap and hardship due to nature of the lot, there
is nowhere to go except for up. Minimal amount of bedroom space, with proposing
providing one extra room either for home office, guest room, etc.
Questions posed by members of the Board ascertained the following:
Mr. Hudak clarified under ordinance allowed 2.5 stories and defines what a half story is
and relies on uniform construction code. Height of the structure is not in violation of
allowable height limitation. Ms. DeCosimo stated the exterior wall has to be at 0 and
any dormer would be in violation of the half story. Mr. Hudak explained for purposes of
our ordinance, proposal is a 3rd floor. Expansion is in height to the 3rd floor to allow for
habitable space, not the actual height of the structure. Applicants have taken great
pains to renovate the home, and maintain the integrity. Proposal is common to the
neighborhood and deeper into Cranford, many dwellings have active 3 rd stories. Not in
violation of impervious surface requirements, new shrubbery and landscaping will be
performed, some of the impervious surface is a deck with stone underneath. Old home
and when rear section was opened there were no footings, all of what is being done is
actually an improvement to home and site. Mr. Hudak advised over limitation and when
applying for permits will be required to obtain engineering approval. Ms. DiCosimo
indicated a drainage pit is proposed and is considered first priority. Mr. Weeks further
explained need for discussion on storm water management. All has been submitted to
the building department and permits issued that include gutters and leaders to street,
drainage pit, etc.
There were no further questions by the Board members
Mr. Marotta opened the application to the public for questions of the witnesses with no
one appearing and this portion of the hearing was closed with the matter referred back
to the Board.
Mr. Marotta opened the application to the public for comments with no one appearing
and this portion of the hearing was closed with the matter referred back to the Board.
DELIBERATION of APPLICATION #ZBA-14-031
Zoning Board Meeting
November 10, 2014
Page 5
Application #ZBA-14-031:
John and Maura O’Connor, Applicants
49 John Street, Block 318, Lot 37, R-4 Zone
To permit construction of a new third story addition that will exceed the maximum
number of allowable stories (136-30.11)
Mr. Marotta reviewed the testimony.
Board comments consisted of the following:
Hardship as pointed out, even with the addition, structure is 1.5 below maximum height
requirement, no detriments to neighborhood, only benefit. Well designed project.
Minimized view from the street. Positive addition to the neighborhood. Well thought out
plan, and homeowners taking care of older homes.
Motion to approve Application #ZBA-14-031 was made by Mr. Bovasso with the
condition that the applicant meet all requirements imposed by Engineering Department
as to storm water management. The motion was seconded by Mr. Pistol with the
following voting in favor of the motion: Mr. Marotta, Mr. Pistol, Mr. Bovasso, Ms. Hay,
Mr. Mallon, Mr. Montani and Mr. Ruane.
2.
Application #ZBA-14-019:
A & G United, Applicants
464 South Avenue East, Block 508, Lot 1, B-2 Zone
To permit renovation of an existing service station to include a convenience store
with the following variances/waivers: conditional use (convenience store)
approval (136-35B(20); less than the minimum required on-site parking spaces
(136-23G(3)(a); granite block curbing not provided (136-23G(3)(i)[3]; no loading
zone provided (136-23G(4)(a) and bike rack not provided 136-23G(5).
Frank Capece, Esquire appeared on behalf of the applicant. Witnesses in attendance
are: Edward Bogan, Engineer; Ronald Meeks, architect; service station owner’ and
Vincent Vicci, project manager. Reality is that 3 bay gas stations are from a time when
fathers took their Oldsmobiles in for repairs. Oil changes now done at Jiffy Lube and
many vehicles have service contracts with dealerships. In other words, there is no
longer a need for repairs to be done at a “service station”. No sales are proposed after
10:00 P.M. Tiger Mart agreement - adhesion contract with provision that the
convenience store can close operation at any time (copy has been submitted with
application). Hardship variance is over parking. The majority of customers consist of
individuals getting gas, getting out for paper, etc and returning to car to leave.
Costumers will not be onsite for extended period of time.
The Board confirmed the applicant does not have any licenses with Motor Vehicle
Commission that would preclude Mr. Pistol from participating in the hearing.
Ronald Meeks, Architect, appeared and was sworn in. His credentials were presented
to the Board and he was accepted as an expert witness in the field of architecture.
Zoning Board Meeting
November 10, 2014
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Through questions posed by Mr. Capece, Mr. Meeks explained the following:
He summarized the historical prospective of the site/operation. Constructed in 1958, 53
X 29 area of 1,550 square feet. Single-story structure with flat roof. No plans to expand
footprint or increase height. Presently consists of office, 2 restrooms, storage area and
3 bays. Proposal is to rework over half of the area into a retail space. Steel exterior will
remain with new storefront.
Proposal plan 2nd page - one bay is being turned into portion of renovated space that
provides a handicapped accessible bathroom.
Questions posed by members of the Board ascertained the following:
Confirmed everything is remaining the same with exception of the overhead door that
will be replaced. No other changes to the exterior of the building. Approximately 700
square feet for the convenience store that includes restroom and storage area – almost
half of existing building. Signs are existing and will not be revised.
Mr. Capece indicated he believed Krausers is approximately 3,500 square feet. Gas
sold on a monthly basis is 45,000 gallons equating to approximately 1,450+/- gallons
per day or 90 gallons per hour. Through use of a photo of the site, he further indicated
the rear parking area will be used by employees and contain the dumpster, will house 4
spaces, but would not want to use patron parking for employees.
There were no further questions by the Board members
Mr. Marotta opened the application to the public for questions of the witnesses with no
one appearing and this portion of the hearing was closed with the matter referred back
to the Board.
Edward Bogan, Engineer, appeared and was sworn in. His credentials were presented
to the Board and he was accepted as an expert in the field of Engineer/Planner
Through questions posed by Mr. Capece, Mr. Bogan testified to the following:
Summarized current parking - on South Avenue side there are 3 parking spaces
perpendicular to the site; spaces closest to Centennial Avenue provide 3 spaces.
Proposing a reduction of one bay and reconfigured the parking with 4 against the
building, ADA requirements will also be met in same location. Can accommodate
allowing an area that could be set aside for long term parking, space for one vehicle and
still provide area for the dumpster. Formerly use required 2 spaces with 6 provided, 11
required for proposed use and providing 7, while still does not comply is an
improvement from what exists.
Patrons who will be getting gas and simultaneously visiting the store and then leaving.
Most of these types of uses are market driven, if you drive by and the site is busy, one
Zoning Board Meeting
November 10, 2014
Page 7
will most likely not stop or will wait for a more convenient time when parking is available.
Better arrangement than what exists.
No change in grading on the project – allows 100% impervious coverage in this zone.
Granite block curbing – no need currently concrete curbing and if changed to granite in
portions will not match.
Questions posed by members of the Board ascertained the following:
Conditional use would need to meet the area requirement which it does not, and Tiger
Mart requirements are more extensive than the 3 required by Township. Hours of
operation (met). 100 feet from residential area and onsite parking. Believes patrons
could walk onto the property. Questioned turning radius between spaces and pumps
that will be tight, and could result in blockage. Uncertain why handicapped spot as well
as employee parking is designated. There would be possibly 3 employees and 7
spaces provided would result in 4 spaces available for patrons – in theory with one less
bay reducing the work load, is not adding additional employees but is adding an
additional space. Dumpster is not large and on wheels. Handicapped space is part of
the 7 proposed. Sheet number 1, Key Map – confirmed Krausers located across
corner, maybe approximately 100 feet distance, residential homes on Centennial that
face the proposed convenience store cannot tell if less than 100 feet possibly
approximately 75 feet. Presently no more than 4 vehicles on site and usually
significantly less. Mr. Capece clarified there will be no more than one employee at the
convenience store with parking permitted on both sides of Centennial Avenue, and
although notified not once resident is in attendance tonight. Traffic report, very strong
parking enforcement, and unsure of what is meant by “overflow”. Should be noted
parking is remains permitted on Centennial and is not restricted parking, does not
envision the need but it can be used for “overflow”. Turning radius on the north side,
believes ample room to back out and proceed across the site to Centennial Avenue with
sufficient room to maneuver. No landscaping is being proposed as lot is 100%
impervious surface. Mr. Capece confirmed there is no place to put landscaping and
what Krausers does is not relevant to the instant application. Mr. Marotta explained not
required and is placing potted plants, with Mr. Capece confirming potted plants
presently exist and will not be removed. Tiger mart also provides strict standards that
must be adhered to.
There were no further questions by the Board members
Mr. Marotta opened the application to the public for questions of the witnesses with no
one appearing and this portion of the hearing was closed with the matter referred back
to the Board.
Mr. Singh, service station owner, appeared and was sworn in. He is the owner 25
service stations all in New Jersey. Some of the stations already have the Tiger Mart
convenience stores. Does not provide prepared foods – only prepackaged food.
Studies trade publication and parking at convenience stores from May, 2011.
Zoning Board Meeting
November 10, 2014
Page 8
Explained type of patron with times topping out a 6 minutes. Most of the customers are
during rush hours and take 2 to 4 minutes at most – confirmed less than 5 to 6 minutes.
Gas patronage is 80 to 99% of customer base and also patrons of convenience store simultaneously. Small station with two pumps and two islands, less than 2000 gallon
per day usage. Not common to have a backlog on stations such as this, if busy,
customers will move to the next station
Questions posed by members of the Board ascertained the following:
Most patrons buy gas and use convenience store – quick trips. If patrons are going to
buy more than one item, then will park car, otherwise will leave car at pump and make
purchase. Of 4 stations with convenience stores, most are located on larger lots with
two are located on highways, two on main streets of municipalities. Of those two
approximately some times up to 4 individuals in convenience store and of those not
many come off the street with most purchasing gas also. 120 gallons of gas per hour –
average fill is 10 – 15 gallons and 12 cars or less per hour through the course of the day
with usual peak time impacts. Visited site today at 7:20 and after 7:30 not many
individuals come to buy gas. Other stores are not located or border residential areas,
however, this site does not pump anywhere near the amount of gasoline as the other
stations. Gas stations with a convenience store can increase volume of patrons, but
that is usually at larger stores, not neighborhood orientated stations.
Mr. Capece explained significant portion of Krausers’ business is prepared food, as far
as parking is concerned, the amount of time the patron would spend in the proposed
store is very minimal. Krausers has a cold cut counter, lottery sale, magazines, none of
which this applicant is proposing. When going into Krausers, every customer is actually
parking their car every time. Would be amazed if his client received walk-in business
but that is not a realty. Does not believe a bike rack is necessary as none of clientele
come in with bicycles and would add confusion, but if required for approval, applicant
would provide.
There were no further questions by the Board members
Mr. Marotta opened the application to the public for questions of the witnesses with no
one appearing and this portion of the hearing was closed with the matter referred back
to the Board.
Mr. Capece presented his summation.
Mr. Marotta opened the application to the public for comments with no one appearing
and this portion of the hearing was closed with the matter referred back to the Board.
DELIBERATION of APPLICATION #ZBA-14-019
Application #ZBA-14-019:
A & G United, Applicant
464 South Avenue East, Block 508, Lot 1, B-2 Zone
Zoning Board Meeting
November 10, 2014
Page 9
To permit renovation of an existing service station to include a convenience store
with the following variances/waivers: conditional use (convenience store)
approval (136-35B(20); less than the minimum required on-site parking spaces
(136-23G(3)(a); granite block curbing not provided (136-23G(3)(i)[3]; no loading
zone provided (136-23G(4)(a) and bike rack not provided 136-23G(5).
Mr. Marotta reviewed the testimony. Reminded Board 5 affirmative votes are required
Board comments consisted of the following:
Number of convenience stores already exist along the same busy thoroughfare and will
not benefit the community with several selling the same products. Adding another
convenience store will not be a benefit and believes number of kids will be stopping in
the store. Does not believe it should be considered a stand along convenience store as
it is adjunct to the gas station, relatively small and main focus is still the gas station.
Three bay operation is no longer in demand and requesting something more functional
will small convenience store is attempting to make more functional. Not certain what
the end result would be. Operative word is redundancy, similar store that sells the
same items in the area. Application is before the board and attempting renovation
through a positive way, retail floor is a very small area and end result will be to renovate
the property. Should not be concerned with impact to other stores. Major issue is
parking, not another convenience store in town. Testimony presented to not many cars
per hour. Will be an increase in traffic but hard to say how much, does not believe will
have individuals visiting for convenience store only, most likely will be simultaneous with
filling up with gas. Question is whether parking will be an issue. During rush hour traffic
is intense in the area and unaware if that is the time most patrons go into the station.
500 square foot convenience store will not result in massive increase in congestion.
Concerned with 4 cars generally waiting to be serviced at a given time, and with 4
employees perhaps all seven spots could be up by patrons for extended period of time
waiting for parts, requires 11 variance is for 7. Real concern that parking is inadequate.
Heard testimony but remains concerned believes there will be real gridlock on site,
especially the 3 spots near South Avenue which will create a safety issue. Regarding
traffic, is a very busy intersection, the facility is at the corner and concerned proposal
makes a bad situation worse. Any facility/commercial operation that you cannot get in or
out of, you will not be a patron. Most that come in will be there for gasoline and use
simultaneously. As operates today, not extremely busy and has never seen four cars at
the pumps at any one time. If not convenient to park, patrons will not return.
Not significant change from what exists presently now, if anything, improving the
parking situation. The site will police itself, if a bad experience, will not come back or
merely go across the street. No longer a demand for 3 bays and trying to bring up to
date.
Mr. Weeks pointed out the discussion has been legally on point with Coventry Square
standard and reviewed same with proof must be shown to the Board as required.
Zoning Board Meeting
November 10, 2014
Page 10
Motion to approve Application #ZBA-14-0 was made by Mr. Bovasso with the condition
that the hours of operation will be limited to 6:00 AM to 10:00 PM. The motion was
seconded by Mr. Ruane with the following voting in favor of the motion: Mr. Marotta,
Mr. Bovasso and Mr. Ruane. Voting in opposition to the motion: Mr. Pistol, Ms. Hay,
Mr. Mallon and Mr. Montani.
Motion does not carry
PUBLIC PORTION:
None
CONCLUSION:
There being no further business, a motion to adjourn the meeting was regularly made,
seconded and passed. The meeting concluded at 10:25 P.M.
Mary Ann Hay, Secretary