ZONING BOARD OF ADJUSTMENT
Meeting Minutes
May 17, 2016
MEMBERS PRESENT:
Jeffrey Banasz
Jamie Lyn Boren
MaryAnn Fallows
Kimberly Fischel
Richard Koory
Michael Locatell
Joseph Maguire
Mark Williams
STAFF PRESENT:
Peter D. Clifford Board Secretary
Peter Thorndike, Board Attorney
William Long, Board Engineer
Mara Wuebker, Board Planner
Amy Ciesleicwz, Board Landscape Architect
Karen Daily, Board Recording Secretary
ABSENT: Steve Solomon
Mr. Locatell called the meeting to order at 7:30 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#2016-12 Drew Krisanda, Block: 6103 Lot: 21 Zone R-3, 250 North Stanwick Road.
A motion to approve this application was made by Mr. Koory seconded by Ms. Boren. The roll
call vote of eligible Board members was unanimous in favor. So moved.
 ZBA#2016-13 Kerry & Allison Clark, Block: 5800 Lot: 31 Zone R-2, 11 Deerfield Terrace
A motion to approve this application was made by Mr. Maguire seconded by Ms. Fallows. The
roll call vote of eligible Board members was unanimous in favor. So moved.
 ZBA#2016-14 Samantha & Michael Rotkowitz, Block: 7300 Lot: 14 Zone R-1, 601 South
Saratoga Drive. A motion to approve this application was made by Mr. Koory seconded by
Ms. Boren. The roll call vote of eligible Board members was unanimous in favor. So moved.
 ZBA#2016-15 Lockheed Martin Corporation, Block 6700, Lot 10, Zone SRI , 199 Borton
Landing Road. A motion to approve this application was made by Mr. Koory seconded by Ms.
Fallows. The roll call vote of eligible Board members was unanimous in favor. So moved.
 ZBA#2016-15A Lockheed Martin Corporation, Block 6700, Lot 10, Zone SRI , 199 Borton
Landing Road. A motion to approve this application was made by Mr. Koory seconded by Ms.
Fallows. The roll call vote of eligible Board members was unanimous in favor. So moved
MINUTES:
A Motion to approve the April 19, 2016 meeting minutes was made by Mr. Banasz seconded by
Mr. Maguire. The roll call vote of eligible Board members was unanimous in favor. So moved.
PUBLIC HEARING:
ZBA#2016-16 Drew Krisanda & Raymond O’Connor, Block: 4205 Lot: 17 & 18 Zone R-3, 323325 North Washington Avenue is a Minor Subdivision, Use Variance for 3 townhouse units in the
residential R-3 Zone, Bulk Variance for side yard setbacks and Lot Area.
Applicant Drew Krisanda, 180 Rockland Avenue, Moorestown, NJ, Mr. James A. Miller, PP, AICP,
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May 17, 2016
222 Nicholson Drive, Moorestown, NJ 08057 were sworn in by Mr. Locatell. Amy Ciesleicwz, Board
Landscape Architect, William Long, Board Engineer and Mara Wuebker, Board Planner were sworn in
by Mr. Locatell.
Thomas J. Coleman, III, Esquire, Raymond Coleman Heinold & Norman, LLP, 325 New Albany Road,
Moorestown, NJ 08057 appeared on behalf of the applicant. Mr. Coleman provided an overview of the
applicant’s intentions with this application. Applicant is proposing three separate lots to build a group
of three (3) townhomes.
Mr. Coleman introduced Exhibits A-1,; A-2 Plan of Survey and Minor Subdivision, prepared by
Peterman Maxcy Associates dated 3/4/2016, last revised 5/16/2016; A-3 Color Rendering of lot
frontages; A-4 Proposed Townhomes, prepared by RHC Design, LLC, dated 2/16/2016 revised
5/16/2016; front elevations and floor plans.
Applicant, Mr. Krisanda is a lifelong resident of Moorestown. He makes a living by building homes in
the south Jersey area. Mr. Krisanda proposes to demolish the current structure which was built in the
1930’s. He feels it is impossible to refurbish the existing structure. Mr. Krisanda described the current
location. He feels the current homes are uninhabitable. Mr. Krisanda is proposing to build three single
family attached units, where you would have a garage on the first level, a living room, kitchen area on
the second level and bedrooms on the third level. Mr. Krisanda feels this is the best fit for the
neighborhood. There are similar town homes on West Third Street and North Washington. The width
of the lots is driven by the width of the project. Mr. Krisanda revised the plans based on the feedback
from the staff meeting to provide more green space. Two homes would not be economically feasible.
These houses will be marketed in the low to mid four hundreds. Mr. Krisanda has reviewed the three
professional’s letters and is prepared to comply with all suggestions the Board professionals have
recommended in their letters. Mr. Krisanda pointed out the ditch on the side of lot 17 on Exhibit A-1 a
Plan of Survey and Minor Subdivision, prepared by Peterman Maxcy Associates, dated 3/4/2016. Mr.
Krisanda met with Mr. Clifford and Mr. Ford to tell them about their concept. They specifically spoke
about the ditch. At that time, there was no water in the ditch and there was no water flow. He took
pictures at that time. During that meeting the ditch was not showing on any maps and they understood
there was nothing to worry about. Mr. Ford did some further investigation and felt there was no
concern for this ditch being a named tributary. Mr. Krisanda feels it is a swale that takes runoff from
other properties. Mr. Krisanda will deed restrict the swale for drainage. Mr. Krisanda stated the
homes will be under 35’ high. Mr. Krisanda believes the current buildings have been vacant for a
number of years. Mr. Krisanda bases his conclusion that the structure is unsalvageable on his years of
building homes. The roof is in bad shape, the floors are buckling and the foundation is failing.
Mr. Thorndike suggested an easement to lots 18.01 and 17 to allow 18.02 to access their rear property.
Mr. Thorndike interviewed the applicant on the properties surrounding the property located at 323-325
North Washington Avenue. Mr. Thorndike questioned Mr. Krisanda on the ditch beside lot 17.
Mr. Koory feels there is too much building on too little property. These are beautiful renderings but
these are going to be overpowering to the neighborhood.
Mr. Banasz questioned the type of individual who would be looking for this type of dwelling. Mr.
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May 17, 2016
Krisanda believes “life changers” would be interested in this type of dwelling. Ms. Fallows asked about
reinforcement to the swale (ditch) along lot 17. Mr. Krisanda did not plan to do anything to the ditch.
Mr. Locatell asked about the depth of the ditch. Mr. Krisanda is unsure. Mr. Maguire asked about the
townhouses across the street from the proposed townhouses. Potential buyers want a place to store
bikes and cars. Mr. Krisanda felt this was the best plan for this space.
Mr. Thorndike questioned the setback of the current structures. Mr. Krisanda’s setback would be 40’.
Ms. Ciesleicwz confirmed the plantings Mr. Krisanda would plant. Mr. Krisanda has consulted an
engineer regarding the ditch. No one can hand him anything that tells them what it is. Mara has
pictures of the ditch. Ms. Wuebker sought clarification on why the driveway is angled. Mr. Krisanda
reduced the size of the driveways based on the feedback from the staff meeting to provide more
greenery.
Mr. Maguire questioned building these next to an auto repair shop. Mr. Krisanda agrees that the noise
will be a drawback. Mr. Krisanda hopes that most of the noise will be during the day and not in the
evenings when they are home relaxing.
Mr. Miller has been retained as a planner to evaluate the negative and positive criteria for this
neighborhood. Mr. Miller introduced exhibit A-5, a color photograph of the site. The front views of
the property for the Board to visualize what is currently there. There is a vacant lot, a parking lot for a
church and a storage area for the furniture store. To the left there is a single family detached house,
facing Central Avenue. To the right of this property is a commercial structure occupied by a T-shirt
company, a DJ business and an auto repair facility. Some of the noise may be mitigated by the T-shirt
company and the DJ business. Across the street is a dental office. On the opposite side of Washington,
there is a single family residence that faces Central Avenue, between that home and the Dental office
are 4 town houses with the front facing south. On the other side of Dawson Street there is a series of
twin homes. The town house units are fairly old. Along Central Avenue, facing West there are 5 single
family detached homes with some twin units intermingled. Mr. Miller reviewed what he feels are the
positive and negative criteria met by approving this application. Mr. Miller feels this site is particularly
suited because of its past use and this is one of a number of structures along the same line of what exists
there now. The adjoining neighborhood is a mixed use area with a significant amount of non-residential
use and multi-family units. There is a mixed use transition area and that pattern extends into this area.
This property is across the street from an identical use as is being proposed. This kind of variance
allows to permit this type of transition. There is an obsolete twin structure that is deteriorating and
unsalvageable. The building lacks the amenities you would find in a modern home. The current units
are out of character with the surrounding structures. The scale of the building is a better alternative to
what is currently there. The extensive setback (40’) allows it to have a better relationship with the street
front than the building on Second Street. The neighborhood features these setbacks consistent with the
pattern in this neighborhood. It gives you a driveway and landscaping in the front of the building. A
unit at that price point in this type of area, buyers are looking for garages and there is no way to
incorporate it without building it into the home. Mr. Miller feels it makes more sense to build the
garage into the home and it is a better fit than the older town houses directly across the street. The
project will advance the public welfare in that we are taking a property that is unsalvageable and
replacing it with a structure that will be aesthetically pleasing.
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Ms. Ciesleicwz asked about buffering and moving the existing fence.
PUBLIC QUESTIONS/COMMENTS:
Mary Sewell, 16 West Central Avenue asked about the fencing. Mr. Krisanda stated that the portion of
fence to the left property line encroaches on the corner lot that faces Central Avenue and he will move it
to make sure there is no encroachment on that property. There is no plan to improve the chain link
fence. Ms. Sewell asked about preserving and providing additional buffering. Mr. Krisanda does not
have any plans for same at this time. Only trees that are necessary for the building of the units. Mr.
Krisanda believes one tree will need to come down. Other than one Cherry Tree nothing else will come
down. Ms. Ciesleicwz would like the diameter and the location of the tree on the plans. Ms.
Ciesleicwz feels the old chain link fence is old and run down like the current home and questions why
Mr. Krisanda would not update it. Ms. Ciesleicwz thought there was going to be a privacy fence, if not
perhaps the Board would want to discuss evergreen plantings.
Chet Dawson, 909 Heritage Road, Moorestown. Mr. Dawson asked about the ditch and as it runs down
under the street. Mr. Krisanda did not view that portion of the ditch.
Bryan Cannuli, 108 Central Avenue. Mr. Cannuli asked about the property owners having access to the
rear of their properties. Mr. Coleman stated there will be easements from either side. Mr. Cannuli
asked if there has been any thought or study to what may be done to increase drainage to the creek
(ditch, swale). Mr. Coleman does not feel it will add any more than the existing structure.
Charlie Hammell, 20 West Central Avenue, could you tell me about the foundation of the unit and
where it failing? Mr. Krisanda stated the foundation is beginning to “honeycomb”. Mr. Hammell asked
about the right side and if it was worse than the rest? Mr. Krisanda did not see any difference.
Barbara Rich, 37 East Central Avenue. The waterway, “stream” happens to be the headwaters of
Pompeston Creek, will you address the concerns of it being a stream and not a ditch. Mr. Krisanda will
not have any basements. Are you aware that there are acid soils on this property and that that may be
why the current structure is crumbling? Would you consider putting coatings on the concrete in the
ground to prevent deterioration? Mr. Krisanda stated there will be underdrains on the property. Mrs.
Rich wanted to know if there would be a soil test for the tank to the right of the current structure.
Ms. Lisa Hammell, 20 West Central Avenue. Are you aware that the previous owners of the house,
planted bamboo and that it is now encroaching into all of our yards? How do you plan to deal with the
bamboo? Mr. Krisanda was not aware of the bamboo issue. Mr. Krisanda will dig it out of his property
with a machine. Mr. Krisanda will make sure he speaks with homeowners to make sure they want the
bamboo gone. Ms. Hammell did state that there has been flooding in this area.
Ms. Sewell, Why are you applying for a variance to the buffer of a stream if you don’t believe it is a
stream? Mr. Thorndike recommended they make application, because at the time it was not identified.
BOARD QUESTIONS:
Ms. Wuebker confers with the testimony. She would have preferred to see some more sidewalk friendly
design. Ms. Wuebker introduced ZBA-1, which is a picture of the townhouses across the street and
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ZBA-2 which are photos she took at the site on April 18th. There is water in the creek. Mr. Maguire
asked why the environmental consultant didn’t have anything to consult on? Mr. Coleman stated that
they originally asked the consultant to comment on the initial impression. The environmental
consultant needs direction. Ms. Weubker also believed that they were going to receive a copy of the
environmental consultant’s report and that he would be here to testify.
Mr. Long, Board Engineer also has an issue with the “ditch”, “stream”, etc.
COMMENTS:
Chester Dawson, 909 Heritage Road, Chairman for Environmental Advisory Board (EAC) stated for the
Board, was sworn in. Mr. Dawson reviewed the EAC’s role within the Township. Mr. Dawson
expressed his concerns with this application. Defining what the tributary to the right of lot 17 is. Mr.
Dawson walked downstream and there is extreme erosion, which says that it must receive heavy flow.
Mr. Dawson explained the definition of a stream. If it is determined a stream, the state says that
disturbance within 25’ of the stream are prohibited. EAC’s recommendation is that Mr. Arsenolt should
evaluate the property and then go to the state to get a waiver from the State. Downstream looks like a
stream. It comes down from the Church yards and down through this property. Mr. Coleman
confirmed that this is something the applicant would do. If Applicant does not get that, then they would
return to the Board. EAC would recommend stream bank stabilization. EAC also recommends the soil
around the oil tanks should be tested.
Laura Cerminara, 24 West Central Avenue was sworn in. Ms. Cerminara looked at the “Sanford Maps”
which were maps of Moorestown from the turn of the century. This waterway did not appear. She
looked further and the Moorestown Chronicle dated 1934 (Exhibit O-1) and here the waterway appears.
She has seen her property to the north of this waterway, flood many times over the years. She did more
research regarding the Pompeston Creek Watershed and she noted on their website it is listed as part of
their watershed. There is water running through there today. There are many tributaries from the
Pompeston Creek Watershed Environmental downloadable brochure, (Exhibit O-2). This map does not
have the streets marked, but she believes this “ditch” “stream” in question is shown. Exhibit O-3 was
read into the record by Ms. Cerminara citing municipal recommendations. Mr. Banasz questioned if the
witness is against this specific application or that anything should be built there at all? Ms. Cerminara
wanted to bring this information to the Board. Ms. Cerminara has concerns with the height of the
proposed structures. Ms. Cerminara looked up the purpose of the Zoning Board of Adjustment and
feels they are to overlook the land use. Mr. Locatell expressed that the Board is to look at each
application and decide if a variance is warranted based on positive and negative criteria. Ms. Cerminara
would request that the new construction meet all the requirements of new construction. Ms. Cerminara
feels that if we decrease the side yard setbacks and increase the height from what has been there
historically it will overpower the site.
Mr. Coleman asked where her property is in relation to the proposed townhouses. Ms. Cerminia is on
West Central Avenue second house in from Washington Avenue. Mr. Locatell viewed the surrounding
homes where they exceed 35’ with Victorian styling. Mr. Locatell stated that the Board looks at the
entire neighborhood and how this application will work into the entire neighborhood.
Ms. Lisa Hammell, 20 West Central Avenue was sworn in. The ditch does have a name “Teaberry
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Run” and a local geologist stated that this run stems from a “Spring” and it begins somewhere near 711.
Chester Dawson clarified that the state recommends a 50’ buffer, but the Township of Moorestown
never adopted it, so Moorestown has a 25’ buffer. The DEP will step in and tell the applicant what they
need.
Vince Caputo, 112 West Central Avenue was sworn in. The property in question has been an eyesore
for years, he is in favor of this project. He feels it will fit in with the neighborhood. He is glad that the
stream is getting all this attention. He suggests that the creek is cleaned, cleared out so that when the
rain falls, it will be able to flow. The problem with flow is downstream where it cannot get under the
street.
Mark Labroli, 104 West Central Avenue was sworn in. He has been in his home for many years. He
has seen the house get into disrepair. It is covered in mold. The concrete basement wall is collapsing, it
is overgrown, it is embarrassing to have guests to my home and view this abandoned structure. This
structure will enhance the environment of the neighborhood.
Lou Ventressca, 26 West Central Avenue was sworn in. He has been looking at this abandoned
property and he thinks the proposed structures will enhance property values.
Ron Obermeier, 404 North Washington Avenue was sworn in. He can see this property from his front
yard. He feels this project will fit into the neighborhood.
Robert Cerminara, was sworn in. He agrees that the existing property needs to be demolished. He
would like to request a tree line or green buffer to help prevent viewing the commercial buildings to the
south of the current building.
Mr. Coleman respects Mr. Dawson’s testimony and opinion. We accept their definition of “stream”.
Applicant agrees to go to the DEP and seek approval.
BOARD DELIBERATIONS:
Mr. Thorndike reviewed for the Board the conditions surrounding approval of this application and what
items they are to be considering for this application.
Mr. Banasz supports this application. Mr. Banasz feels there are a lot of conditions attached to this
application. Mr. Banasz feels the stream is not a stream. Mr. Locatell does not want to delay the
application, grant the application for the stream and allow the applicant to go to the DEP and let the
DEP make that determination. Mr. Williams asked if one of the conditions is to stabilize the banks
whether it is a stream or not. Mr. Williams feels that the character of the neighborhood is too focused
on the hodgepodge surrounding this property. He feels it is too intense a use. If this is approved, this is
the way the rest of the neighborhood is going. Do you want this home to become commonplace in this
neighborhood. I feel this application is an indication of where this town is headed. There are many
viable uses for this property. Mr. Locatell feels this is a good transition. Mr. Williams asked, looking
outside this neighborhood do you want to start seeing more and more of these throughout the township?
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May 17, 2016
Mr. Williams agrees this would be an improvement, just not the right improvement.
A motion to approve this application was made by Mr. Maguire seconded by Mr. Koory. The roll call
vote of the eligible board members was taken by Mr. Clifford as follows: AYES: Jeffrey Banasz,
Jamie Lyn Boren, MaryAnn Fallows, Richard Koory, Michael Locatell, Joseph Maguire. NAYES: Mr.
Williams. ABSENT: Steve Solomon. Mr. Thorndike advised the applicant of the procedure following
this approval.
ADJOURNMENT:
A motion to adjourn was made by Ms. Boren and seconded by Mr. Koory. The meeting was adjourned
at 10:22 pm.
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