ZONING BOARD OF ADJUSTMENT COLLINGSWOOD, NEW JERSEY MEETING MINUTES JUNE 3, 2015

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1 ZONING BOARD OF ADJUSTMENT COLLINGSWOOD, NEW JERSEY MEETING MINUTES JUNE 3, 2015 Present: Mr. Search, Mr. Sollenberger, Mr. Tonsberg, Mr. Stokes, Mr. Hoban, Mr. Stick, Mr. Bellace, Mrs. Marker and Solicitor Thorndike. Mr. Maley arrived at 7:05 PM. Absent: None ADOPTION OF MINUTES The minutes of the May 6th,2015 meeting were adopted. All members present at the time of the vote were in favor. These minutes are a summary of events at the meeting and not a transcript. MEMORIALIZATION CASE # THE COLLINGSWOOD PRESBYTERIAN CHURCH, 30 FERN AVE. BLOCK 38, LOTS 1, 3.01, & 10.01, ZONE SF-D3, COLLINGSWOOD, NJ A RESOLUTION APPROVING THE LETTERING, CONTENT AND PRESENTATION OF FREE-STANDING AND WALL SIGNAGE FOR PRE- SCHOOL AND CHILD CARE PREMISES IN THE SINGLE FAMILY DETACHED AND SEMI-DETACHED RESIDENTIAL DISTRICT 3 (SF-D3) VOTE: Motion to approve made by Mr. Search, seconded by Mr. Hoban Mr. Tonsberg-Yes, Mr. Maley-Yes, Mr. Hoban-Yes, Mr. Search-Yes, Mr. Sollenberger-Yes, Mrs. Marker-Yes 1

2 CASE # COLLINGSWOOD MASSAGE THERAPY LLC., 798 HADDON AVE., BLOCK 94, LOT 6, ZONE CBD, COLLINGSWOOD, NJ. A RESOLUTION DENYING USE VARIANCE RELIEF FOR A MASSAGE THERAPY USE ON THE FIRST FLOOR OF PREMISES IN THE CENTRAL BUSINESS DISTRICT (CBD DISTRICT) VOTE: Motion to approve made by Mr. Search, seconded by Mr. Stokes Mr. Tonsberg-Yes, Mr. Hoban-Yes, Mr. Search-Yes, Mr. Sollenberger- Yes, Mr. Stokes-Yes, Mrs. Marker-Yes CASE UPCYCLE FITNESS, LLC., 688 HADDON AVE., BLOCK 96.01, LOT 17,ZONE CBD, COLLINGSWOOD, NJ. A RESOLUTION REVERSING THE DECISION OF THE ZONING OFFICER AND FINDING THE PROPOSED CYCLING USE TO BE WITHIN THE SCOPE OF VARIANCE RELIEF PREVIOUSLY GRANTED TOGETHER WITH SIGN APPROVAL FOR THE SUBJECT PREMISES IN THE CENTRAL BUSINESS DISTRICT (CBD DISTRICT) VOTE: Motion to approve made by Mr. Search, seconded by Mr. Hoban Mr. Tonsberg-Yes, Mr. Search-Yes, Mr. Hoban-Yes, Mr. Sollenberger- Yes, Mr. Stokes-Yes, Mrs. Marker-Yes NEW BUSINESS CASE # PATRICIA CAPRI & THOMAS KIRK, 44 E COULTER AVE., BLOCK 8, LOT 6.07, ZONE SF-D3, COLLINGSWOOD, NJ. Applicant is seeking pre-existing, non-conforming use certification. Mr. Michael J. Lario represented the applicant and presented the case. The first witness called and sworn in was Mr. Thomas Kirk. Confirmation of address and area was discussed. Documentary evidence (census info.) was presented confirming that the Property had always been a duplex predating the 1949 zoning ordinance. Mr. Lario called as a witness Angelina Butler, age 82, to testify that as a neighbor the property has always been a duplex. She has resided at 21 E Coulter Ave. from 1933 until the present. 2

3 The public portion of the meeting was opened and with no comment or questions, closed. A motion to approve was made by Mr. Sollenberger, seconded by Mr. Tonsberg. VOTE: Mr. Search-Yes, Mr.Sollenberger,-Yes, Mr. Bellace-Yes, Mr. Stokes-Yes, Mr. Maley-Yes, Mr. Tonsberg-Yes, Mr. Hoban-Yes CASE # DAVID D ACQUA, 101 & 103 W. CUTHBERT BLVD., BLOCK 68, LOT 1.06 ZONE SF-D2, COLLINGSWOOD, NJ. Applicant seeking use variance to allow a residential apartment unit in rear of property for personal use by owner. Applicant s attorney, William DiCurcio, Esquire presented the case. The lot and building s location and surrounding area was described. The property has been utilized for commercial purposes for at least 40 years. Applicant has owned Holiday Pool and Spa since Feb., The applicant converted the rear portion of the commercial structure to a residential apartment. Pictures of each room of said apartment were presented. The area consists of 1 bedroom, 1 bathroom and one kitchenette. There is a separate entrance in the rear of the building. This apartment would be used part time during the business s peak time when Mr. D Acqua spends many hours at the store. The intention is that Mr. D Acqua would be the only one staying in this apartment. The public portion of the meeting was opened and with no comment or questions, closed. A motion to deny variance was made by Mr. Maley, seconded by Mr. Sollenberger. VOTE: Mr. Search-Yes, Mr. Sollenberger-Yes, Mr. Tonsberg-Yes, Mr. Bellace-No, Mr. Stokes-No, Mr. Maley-Yes, Mr. Stick-Yes RECUSED: Mr. Hoban 3

4 CASE # ADOLPH PIPERNO, 801 HADDON AVE., BLOCK 37, LOT 1 ZONE CBD, COLLINGSWOOD, NJ Applicant is seeking variance for a three story, mixed use building. Commercial space on the ground floor and residential units on the second and third floors. Leonard J. Wood, Jr., Esquire, represented Mr. Piperno and presented the case. A previous application addressing this property was made and variances granted in All board members were presented with a copy of said resolution. Mr. Wood modified the original submitted design, reducing the structure by nine feet, eliminating the need for height and lot coverage variance. There would also be no banquet facility as originally proposed. No handouts were available for the board. The location of the proposed building is an empty lot. The proposed use is a mixed use, with a restaurant on the first floor and two three bedroom units on the second and third floors. Access to the residential units along with commercial storage will be on the first floor. Necessary parking spaces were discussed, 10 total for residents. Richard Villa was sworn in. He is a licensed architect in the State of New Jersey. An overview of the area and the proposed structure was discussed. Additional information and clarity is needed for the board to make a decision on the site variances. Lindsey Migliaccio was sworn in. She resides at 30 Bryant Ave., Collingswood. She will manage the restaurant. Staff will be a maximum of 29 people. Parking passes will be provided to the employees. Hours of operation with be Mon-Sat PM. Deliveries expected between 10-2 PM. Trash will be collected two times a week. Landscaping plan will be submitted at a future date. Martha Cross, professional planner, was sworn in. She sees no detriment with this building in the area and also states that it will enhance the area. 4

5 This building is consistent with the mixed use that is currently along Haddon Ave. Public portion of the meeting was opened. Parking, trash and lighting issues were addressed and clarified to the satisfaction of the public. Public portion was closed. Board discussed and agreed on taking no action with regards to the site plan but will vote on the use variance. A motion to approve the use variance request was made by Mr. Stokes, seconded by Mr. Maley. VOTE: Mr. Sollenberger-Yes, Mr. Tonsberg-Yes, Mr. Hoban-Yes, Mr. Bellace-Yes, Mr. Stokes-Yes, Mr. Maley-Yes, Mr.Stick-Yes RECUSED: Mr. Search CASE # JEFFREY MILLER, 823 HADDON AVE., BLOCK 37, LOT 6, ZONE CBD, COLLINGSWOOD, NJ. Applicant is seeking use variance to operate a fine body art establishment, art gallery, and retail space. Charles Petrone, attorney for Mr. Miller, presented the case. Jeff Miller, applicant, was sworn in. A description of the surrounding area and the nature of his business was presented. Mr. Miller started his craft in 2003 and presented evidence with regards to his extensive training.(exhibits A1, A2 & A3) He currently operates his business in Stratford, NJ. and has been the owner/operator since His place of business has passed all inspections. Mr. Miller s clients represent a diverse population. He sees 2-4 clients daily and proposes to have 2-3 artists at the site. Hours would be from 12:00-9:00 PM Tuesday through Sunday, closed on Mondays. There would be no body piercing at the site, only body art. There would be no large deliveries to the site, only small box deliveries. At any given time, the maximum employees would be 5 with a maximum numbers of clients being 5 as well. 5

6 ###At this time due to the late hour Mr. Miller s case will continue at the August meeting. Mr. Miller is unavailable to make the July meeting. There being no further business, the meeting was adjourned at 11:05 PM. The next meeting of the Board of Adjustment will be Wednesday, July 1, 2015 at 7:00 PM. Madalyn Deets Board Secretary 6