Board of Adjustment Meeting
October 07, 2009
Mark Anderson begins the meeting so the Board of Adjustment can nominate a temporary Chairperson.
A Motion is made to nominate Helen Haines as acting chairperson. This is seconded by Mr. Jaghab.
Roll Call:
Valcheck: yes
Quick: yes
Jaghab: yes
Haines: yes
Wald: yes
Stamler: yes
Krals: yes
Herbert: yes
Acting Chairperson, Helen Haines called the Board of Adjustment Meeting of October 7th, 2009 to order at 7:30 p.m.
announcing that the meeting had been duly advertised according to Chapter 231, Open Public Meetings Act. The
meeting took place at the Municipal Building in the Court Room.
ROLL CALL:
Joseph Jaghab -Present
Barry Quick -Present
Helen Haines - Present
Mark Wetter, Vice Chairman -Absent
Walter Dietz, Chairman -Absent
Frank Valcheck - Present
John Sheridan - Absent
David Wald (Alt. #1) - Present
John Stamler (Alt. #2) - Present
Leon Krals (Alt. #3) - Present
Frank Herbert (Alt. #4) - Present
Also in attendance are Mark Anderson, Esq., Board Attorney , Woolson, Sutphen, Anderson & Nergaard; William H.R.
White, III, P.E., P.P., C.M.E., Board Engineer, Maser Consulting, P.A., P.A.; Rebecca Marshall, Assistant
Planner/Zoning Officer, Board Secretary; and Lucille Grozinski, C.R.S.
Pledge of Allegiance
It is announced the Jeffrey Roth application has been adjourned to December 2nd, 2009 without further notice.
Jon-Cin Holding of Hillsborough, LLC - #BA-09-12 – Block 198, Lot 5B – 311 Amwell Road
• Mr. Heibell is called as a witness by Mr. Savo.
• Mr. Heibell testifies to the zoning of the property as being located in the CDZ.
• Mr. Heibell submits exhibit A5, a hotel conceptual site plan.
• Mr. Heibell describes the potential for a hotel on the site. A hotel is a permitted, principle use in the CDZ.
• Mr. Heibell describes the parking of the proposed hotel and the proposed banquet hall.
• Mr. Heibell submits exhibit A6, a map from 1982 showing the surrounding facilities around Pheasant’s
Landing.
• Mr. Krals asks about the driveway to the property.
• Mr. Heibell testifies the entry would not be used as a roadway, just for emergency access.
• Mr. Madrid, the objector’s attorney, asks Mr. Heibell if the site plan is fully engineered.
• Mr. Heibell testifies it is not. Mr. Heibell testifies to the other approvals the site plan would need prior to being
approved.
• Mr. Savo objects to Mr. Madrid’s questions regarding the use of the hotel.
• Mr. Savo asks Mr. Heibell questions on redirect regarding the ingress and egress of the site.
• Mr. Heibell testifies the plan from 1985 is similar to the site plan that was signed off on.
• Mr. Herbert asks if there is a banquet hall already on the site, why is the Applicant in front of the Board
seeking a use variance.
• Mr. Heibell responds that since the banquet hall has been there, this is an expansion of a non-conforming use.
• Mr. Scalzadonna is called to testify.
• Mr. Scalzadonna testifies there have been no traffic accidents for 50 years at his other site.
• Mr. Scalzadonna testifies the nature as to which guests arrive at weddings.
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Ms. Yannich is called to testify as a professional planner.
Ms. Yannich testifies as to the history of the banquet facility.
Ms. Yannich sites Board minutes from 1983 referring to Pheasant’s Landing as a banquet facility.
Ms. Yannich testifies the banquet use pre-dated the CDZ.
Ms. Yannich testifies catering and banquets are a normal function of a hotel facility.
Ms. Yannich testifies the Hillsborough Ordinance does not specifically define “restaurants” but does define
“freestanding restaurants.”
Ms. Yannich testifies there is no definition for “banquets” but the term appears inside another definition.
Ms. Yannich testifies that if the banquet hall was an illegal non-conforming use, it would have been her job as
former planning director of Hillsborough to ensure the Zoning Officer took the proper steps to have the
banquet hall comply.
Ms. Yannich sites the Ordinance sections and materials she referenced while researching the history, proposed
and present conditions of Pheasant’s Landing.
Ms. Yannich describes how the CDZ came to fruition; it was a response to I-95 running through town, but this
never happened.
Ms. Yannich reviews the permitted and conditional uses in the CDZ.
Ms. Yannich describes the surrounding zones and farms near Pheasant’s Landing.
Ms. Yannich sites the Township Ordinance section addressing tracts less than 50 acres in the CDZ.
Ms. Yannich testifies to the operating hours of the current facility and the proposed facility and the intensity of
the operations.
Ms. Yannich testifies the proposed use is actually less intense than the current use.
Ms. Yannich testifies no outdoor music or outdoor beverages being served could be a condition imposed on the
use.
Ms. Yannich testifies as to the nature of the other local banquet facilities.
Ms. Yannich points out the existing banquet facilities cannot accommodate people all year round or the
number of people the proposed facility can handle.
Ms. Yannich testifies the proposed site is centrally located in Hillsborough Township due to its location at
Route 206 and Route 514.
Ms. Yannich testifies to the traffic mitigation of the proposed site.
Ms. Yannich testifies to the proposed lighting on the site.
Ms. Yannich testifies to the height of the building. The building will be, at the peak, thirty-eight feet.
Ms. Yannich testifies the height is only an issue for one of the side yard setbacks but not the front yard setback.
Mr. Krals asks Ms. Yannich if a hotel usually includes a restaurant or banquet room.
Ms. Yannich testifies most hotels do include banquet rooms.
Mr. Anderson asks Ms. Yannich questions regarding her history of working in Hillsborough Township.
Mr. Anderson clarifies some aspects of Ms. Yannich’s testimony.
Mr. Madrid asks Ms. Yannich why the application is for a use variance if Ms.Yannich testified the Applicant is
actually asking for an expansion of a pre-existing non-conforming use.
Ms. Yannich testifies the Application does not need to meet the positive criteria but it does anyway.
Ms. Yannich testifies seven acres is suitable for a banquet hall.
Ms. Yannich testifies that buffering is a site plan issue.
Ms. Yannich testifies the proposed building is exceptional because it has a higher capacity than the other
catering halls in Hillsborough.
Mr. Madrid asks if the houses across the street from the proposed facility are permitted uses.
Ms. Yannich testifies it is the residential area so the houses are permitted uses.
Ms. Yannich testifies to the nature of the surrounding neighborhood.
Ms. Yannich testifies the two homes built by Toll Brothers across the street from the proposed facility do no
change the character of the neighborhood.
Mr. Herbert asks how the Township Ordinance defines an expansion.
Ms. Yannich testifies that an expansion can be an expansion of density, intensity or physical expansion.
Mr. Herbert asks is a building is expanded by the use is not intensified, would this be an expansion.
Ms. Yannich testifies this would not necessarily be an expansion.
Ms. Yannich testifies she believes the proposed use is less intense than the existing use.
Mr. Madrid calls Mr. Pagenkoph is sworn in as a professional planner.
Mr. Savo objects to the report being submitted by Mr. Pagenkoph.
A brief recess is taken so parts of the report can be redacted.
Mr. Pagenkoph testifies a use variance will damage the nature of the neighborhood.
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Mr. Pagenkoph addresses the positive criteria.
Mr. Pagenkoph describes what he believes to be compatible uses permitted in the CDZ.
Mr. Krals asks what the conditional uses in the CDZ would be.
Mr. Pagenkoph replies a hotel could be built as a permitted use with a restaurant as part of the permitted use.
Mr. Pagenkoph addresses the parking and buffer areas.
Mr. Pagenkoph testifies as to the other zones that do allow banquet halls.
Mr. Herbert asks is the surrounding properties are vacant and available.
Mr. Pagenkoph testifies they are vacant but unsure if they are for sale.
Mr. Pagenkoph testifies there are other catering facilities in the area negating the need for the proposed site.
Mr. Pagenkoph testifies he feels the proposed site is too small to accommodate the buffering requires in the
CDZ.
Mr. Krals asks questions about Mr. Pagenkoph’s interpretation of the Township Ordinance.
Mr. Pagenkoph testifies the number of scheduled events at the proposed site should be limited as to keep the
use less intense.
Mr. Krals comments there is a gas line running across the Toll Brothers property.
Ms. Haines asks if the planner would be more concerned about a 40 foot gas line behind the house or a less
intense banquet hall 40 feet away.
Mr. Pagenkoph answers it depends on the person.
Mr. Pagenkoph enters two more exhibits; an aerial photograph from Google of the Pheasant’s Landing site
and an aerial photograph of the Westwood banquet facility in Garwood.
Mr. Pagenkoph has no dates for the aerials.
The Pheasant’s Landing aerial was taken before the Toll Brothers site was erected.
Mr. Savo objects to the exhibit because the aerial is not an accurate representation of the current site.
It is determined the Board members would have a reasonable knowledge of the Hillsborough site but not of the
Garwood site.
Mr. Anderson comments there is no way for the Board to determine the accuracy of the Garwood site from
2005.
Mr. Scalzadonna is called to identify the aerial.
Mr. Scalzadonna testifies the aerial is relatively current.
Mr. Savo objects to exhibit O4 of the Hillsborough site because it is not current.
Mr. Anderson comments he feels the Board should consider if the aerials are accurate and current.
Mr. Herbert asks if the proposed use is less intensive, how the proposed use could be a detriment to the public
good.
Mr. Pagenkoph comments that doubling the parking and size of the facility could present a detriment to the
public good.
The Application is carried until December 2nd, 2009.
Acceptance of Minutes:
September 16th, 2009 – Regular session
o Motion to approve:
Mr. Wald
o 2nd:
Mr. Jaghab
Roll Call:
All ayes
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September 16th, 2009 – Closed Session
o Motion to Approve:
Mr. Krals
o 2nd:
Mr. Wald
Roll Call:
All ayes
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Acceptance of Resolutions:
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Metro PCS New York, LLC – 209 Homestead Road, #BA-09-07
Motion to approve:
Mr. Stamler
2nd:
Mr. Krals
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Roll Call:
Valcheck - yes
Quick - yes
Jaghab - yes
Haines - yes
Wald - yes
Krals -yes
Metro PCS New York, LLC – 174 Route 206, #BA-09-14
Motion to Approve:
Mr. Wald
2nd:
Mr. Quick
Roll Call:
Valcheck - yes
Quick - yes
Jaghab - yes
Haines - yes
Wald - yes
Krals -yes
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Michael and Courtney Newman, #BA-09-16
Motion to Approve:
Mr. Valcheck
2nd:
Mr. Wald
Roll Call:
Valcheck - yes
Quick - yes
Jaghab - yes
Haines - yes
Wald - yes
Krals -yes
ADJOURNMENT
The meeting adjourned at 10:32 p.m.
Submitted by:
Rebecca Marshall
Assistant Planner/Zoning Officer
Board of Adjustment Secretary
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