As requested, we have reviewed the following application materials for the preparation of this report:

TO: CC: FROM: RE: Township of East Amwell Planning Board Jolanta Maziarz, Board Attorney William Burr, IV, Board Engineer Krista Parsons, Board Secretary Elena Gable, PP, AICP, CFM Tabby s Place: A Cat Sanctuary, Inc 1100 US Highway 202, Ringoes, NJ 08551 Block 9.01 Lot 5 Preliminary & Final Major Site Plan D(2) Expansion of a Nonconforming Use DATE: May 11, 2020 As requested, we have reviewed the following application materials for the preparation of this report: 10-sheet set of engineering plans entitled, Preliminary and Final Site Plan Application, Tabby s Place: A Cat Sanctuary prepared by Bayer-Risse Engineering, Inc, dated January 31, 2020; 7-sheet set of architectural plans entitled, Quinn s Corner Expansion at Tabby s Place prepared by Binyan Architecture Studio, dated January 31, 2020; Septic System Inspection Report, prepared by Bayer-Risse Engineering, dated October 7, 2019; Wetland Investigation Report prepared by Jeff Tareila Environmental Consulting, dated September 6, 2019; 4-page letter from Theodore Bayer of Bayer-Risse Engineering, dated February 10, 2020; Preliminary and Final Major Site Plan Checklist, no date; Application for Major and Minor Site Plan and Subdivision Application, no date; Proposal, no date; Consent to Entry, dated February 10, 2020; Applicant s Affidavit, dated February 10, 2020; 4-pages of photographs of the site, no date; Certification that Municipal Taxes are Current, prepared by Mary Hyland, Tax Collector, dated December 16, 2019; Transmittal Letter and Certified Property Owner List for East Amwell Township, dated December 1, 2019; List of Property Owners within 200 feet for West Amwell Township, dated December 5, 2019;

Transmittal Letter and Development Review Application for Hunterdon County Planning Board, prepared by Pinilis Halpern, LLP, dated February 12, 2020; Transmittal Letter to Maria Andrews, Planning Board Secretary, dated February 12, 2020; Findings of Fact, Conclusions and Resolution Interpreting Ordinance, AJ-00-01, memorialized on May 9, 2000; Findings of Fact, Conclusions and Resolution Interpreting Prior Resolution, AJ-00-11, memorialized on February 13, 2001; Township of East Amwell Planning Board Resolution 2001-09 for Preliminary and Partial Final Major Site Plan Approval and Submission Waiver; Transmittal from Adam Bradford, Assistant Planner with Hunterdon County Planning Board to Krista Parsons, East Amwell Board Secretary, dated March 10, 2020; and Engineering Review prepared by William H. Burr, IV, PE, East Amwell Township Planning Board Engineer, dated April 21, 2020. Ordinance No. 01-17, dated July 19, 2001 Ordinance No. 04-13, dated June 10, 2004 Ordinance No. 05-21, dated July 28, 2005 Ordinance No. 08-04, dated May 8, 2008 Property and Project Description The subject property is located at 1100 US Highway Route 202, south west of the exit ramp between Route 202 and John Ringo Road. The property is currently developed with a 6,520 sq. ft. 1-story building that is occupied by Tabby s Place, a non-profit cat sanctuary, driveway, and associated surface parking. To the north of the property are single family homes, to the east of the property is the exit ramp from Route 202, and to the west and south of the property are commercial uses including Champion Tire and the Ringoes Veterinary Clinic. In a resolution that was memorialized by the Township s Board of Adjustment on May 9, 2000, the Board interpreted the Development Regulations Ordinance and deemed the Cat Sanctuary as the functional equivalent of an animal hospital and permitted under the terms of the ordinance at that time. A subsequent hearing was held on December 12, 2000, at which time the Board of Adjustment interpreted the May 2000 Resolution (AJ-00-01) to permit on-premises living quarters for an employee/caretaker. Planning Board Resolution 2001-09, dated June 7, 2001, granted the applicant approval to develop the site with Phase I of the project, which included 22 parking

spaces, a building containing approximately 7,420 sq. ft. including a 600-sq. ft. apartment for the on-site manager, and landscaping/lighting improvements. However, since this time, the Township Committee added and subsequently amended the definition of a Veterinary Hospital to the definitions contained within the Land Management Ordinance of the Township. Pursuant to the Township s Land Management Definitions, Veterinary Hospital is defined as the following: A facility managed by a licensed veterinarian which provides examination, diagnostic, and prophylactic services to animals, and may also provide to animals housing and nursing care solely during the animal's diagnosis, illness and convalescence, and not otherwise. Such facility shall be designed to meet the criteria for a "hospital" or "clinic" set forth in N.J.S.A. 45:16-9.3b. Without limiting the foregoing language, such facility shall not provide housing, keeping, or shelter of animals other than in connection with such animal's diagnosis, illness, convalescence, or major surgery, being treated at the facility, unless such animal is housed or kept as part of an agricultural or farm operation. (See the definitions of "agricultural use" and "farm.") Such a hospital specifically shall not include or provide, except as specifically stated above, shelters, kennels, laboratories or similar living facilities for animals of any kind, regardless of whether they are profit-oriented, nonprofit or voluntary. A veterinary hospital may include a tent(s). To house temporary horse stalls, as long as the tent(s) does(do) not exceed 3,000 square feet in aggregate. Such tent(s) may be erected without site plan review approval for a period not to exceed 270 days in any calendar year, provided it has no water, plumbing, electric or other utility hook-ups, no foundation, and has no storage of solvents, fertilizers, gases or other chemicals, and provided that the tent has conformed to all applicable construction code requirements (e.g., IBC Section 3103 Temporary Structures) or obtained waivers from these requirements. The area of any such tent(s) shall not be considered an impervious surface or impervious lot coverage. This site plan exemption for a tent(s) shall terminate on December 31, 2009. The applicant is seeking Site Plan approval to build a 5,695 sq. ft. addition to the existing building along its eastern façade, provide interior and exterior improvements to the existing building and provide additional parking and circulation around the site. The applicant is also proposing additional outdoor landscaping and lighting. As stated in the application s proposal, the proposed building addition will provide a sanctuary and medical care for 15-20 Feline Leukemia

Virus positive domestic cats and up to 20 kittens. It is our understanding that a d(2) expansion of a nonconforming use variance is required for the proposed improvements. Zoning The property is located in the H-O Highway Office zone where Cat Sanctuaries are not a permitted use. The applicant requires a d(2) Expansion of a Nonconforming Use variance for the proposed improvements. H-O Zone Bulk Standards Required Existing Proposed Variance Maximum Ratio-Impervious 0.25 0.087 0.169 - Minimum Lot Width 300 feet Along Route 202/31 865.5 feet 865.5 feet - Along Exit Ramp 371.3 feet 371.3 feet - Minimum Lot Depth 300 feet 464.2 feet 464.2 feet - Minimum Lot Area 5 acres 7.85 acres 7.85 acres - Front Yard Setback 100 feet Along Route 202/31 229.2 feet 200.5 feet - Along Exit Ramp 323.5 feet 249.5 feet - Side Yard Setback 100 feet 257.8 feet 257.8 feet - Rear Yard Setback 100 feet 131.6 feet 125.7 feet - Maximum Height 20 feet <20 feet <20 feet Maximum FAR 0.15 0.019 0.169 - Parking/Loading 6 spaces per examining room or doctor, whichever is greater 1 space @ 10,000 sq. ft. 2 spaces @ 100,000 sq. ft. 12 spaces 20 spaces 54 spaces - 1 space 0 spaces 1 space - Variances/Waivers Required A review of the application indicates that the application requires a d(2) Expansion of a Nonconforming Use variance. A review of the application indicates the applicant requires the following waivers: 92-46E- Street Trees- Where street trees shall be installed on both sides of all streets in accordance with the approved landscape plan, and the applicant proposes no street trees.

92-46G(4)- Landscaping in parking and loading areas- Where one shade tree, measuring 2.5 inches to 3 inches caliper minimum, shall be provided for every 3 spaces, requiring the applicant provide 18 shade trees, and the applicant provides 12 trees within the parking area. 92-57C(1)(f)- Outdoor lighting fixtures- Where lighting fixtures are not permitted within the side yard or the rear yard building setbacks, and the applicant is proposing to retrofit and utilize a lighting fixture within the rear yard setback. 92-57C(2)(a)- Poles and Standards- The maximum mounting height of an outdoor lighting fixture shall be 25 feet or the height of the building roofline, whichever is less, measured from the ground level to the lowest part of the fixture. The applicant is proposing to utilize the existing poles which are approximately 20 feet in height, where the proposed roofline, at its lowest point, is approximately 10 feet in height. 92-63E(1)- Off-street parking and loading- Dimensions- Where off-street parking spaces shall be 10 feet wide by 20 feet in length, and the applicant proposes parking stalls that are 10 feet wide by 18 feet in length. 92-72A(8)- Attached Signs- Where the uppermost part of the sign shall not exceed the base of the second floor window sill, or the base of the roof or 15 feet, whichever is less, and the proposed attached sign is located above the base of the roof. Planning Comments 1. D(2) Use Variance - The applicant requires a d(2) variance to expand an existing cat sanctuary where the use is not permitted within the H-O Zone. a. Positive criteria: The applicant must demonstrate that special reasons exist for the granting of the variance. These special reasons can be one of the following: 1) the proposed use inherently serves the public good (inherently beneficial); 2) the property owner would suffer undue hardship if compelled to use the property in conformity with the permitted uses in the zone; or 3) the proposed site is particularly suitable for the proposed use. The positive criteria focus on the benefits that may be provided to the community from the proposed use, and how the proposed use would advance the purposes of zoning. i. It should be noted, that undue hardship must be related to the particulars of the property, and not an economic or financial hardship of the owner.

ii. The site suitability testimony should focus on how this particular piece of property is unique and particularly suited for the use. The testimony should establish detailed factual findings distinguishing the property from surrounding sites, considering the relationship between the property and the community, and/or demonstrating a need for the use. iii. Case law has determined that special reasons may include the promotion of the general welfare as the intent of the zoning purpose. While aesthetic improvements can minimize the existing nonconformity, aesthetic improvements must involve the overall visual compatibility of the use and be inextricably entwined with notions of the general welfare, which makes it more acceptable in its particular setting. b. Negative criteria: The applicant must satisfy the two-prong test of the negative criteria; 1) the variance can be granted without substantial detriment to the public good; and 2) the variance can be granted without causing substantial detriment to the zone plan. The negative criteria focuses on the potential impacts that the proposed use may have on the community. i. The applicant s testimony regarding the negative criteria should address any potential impacts that the proposed use may have on the immediate neighbors and the community as a whole. Testimony shall be provided demonstrating how the granting of the use variance may be reconciled with any deviation from the intent and purpose of the Borough s zoning ordinance and master plan. a. The applicant shall provide testimony pertaining to the existing use of the property, and how the proposed building expansion will support the existing use, and whether any changes have occurred to the use since the Board of Adjustment Interpretation in 2000. 2. Master Plan East Amwell Township adopted a comprehensive Master Plan in 1993 and has since adopted updated Master Plan Elements and Reexamination Reports with the most recent Reexamination occurring 2013. These planning documents set forth policies to guide the development within the Township.

The 2013 Master Plan Reexamination Report notes that development along road frontages can have a significant impact on resources, viewsheds and scenic corridors throughout the Township. The 2005 Land Use Amendment notes that the Highway and Office District is to provide low-intensity nonresidential uses, and that strip retail and highway commercial uses with extensive lighting and signing are not intended for the zone. It is also recommended that buildings incorporate local architectural styles and the massing of the permitted development avoid monolithic building shapes and utilize façade offsets, roof pitch and materials which reinforce the historic small-town community character. The applicant should provide testimony regarding the visual impact of the proposed development on neighboring properties, along the right-of-way, and compatibility with the Township s Master Plan as a means to address the negative criteria listed above. Operations 3. The applicant shall provide testimony pertaining to how many cats the proposed building can accommodate once the addition/renovation is completed. 4. The applicant shall provide testimony pertaining to the hours of operation and the number of employees proposed to be on site at any given time. a. The application notes that volunteers, staff, and veterinarians provide services for the cats at the facility. 5. The applicant shall provide testimony pertaining to what services are currently provided and proposed to be provided at the site. 6. The applicant shall provide testimony regarding on-site storage and disposal of refuse, recyclables, and any medical equipment. 7. The Zoning Board Interpretation notes that a caretaker was initially proposed to live on site. Does the applicant continue to propose a caretaker live on the site? There does not appear to be an apartment within the building. a. The architectural plans show a renovated volunteer lounge within the building that contains of bathroom with shower, along with two additional lavatory facilities. 8. The applicant shall provide testimony pertaining to how deliveries will be handled, and the time of day deliveries are proposed to occur.

Architectural 9. The applicant shall provide the height of the existing and proposed building pursuant to the Township s definitions, which is defined as the vertical distance to the highest roof surface from the finished grade along the building wall closest to the street, excluding any decorative or added-on features such as a cupola, chimney, steeple, antenna or similar add-on. 10. Based upon the photographs submitted with the application, the existing building façade appears to be a wood façade painted white, with a blue trim on the eave. According to Sheet 1 of the architectural plans, the proposed façade will have a rustic look, consisting of neutral tones. Our office notes that the proposed building façade is a significant improvement to the existing condition. 11. The applicant shall provide testimony confirming the types of materials and colors proposed for the exterior of the building. We recommend the application provide samples of the materials or a colorized rendering for the hearing. 12. The applicant shall provide testimony pertaining to all changes proposed to the interior of the building. a. It appears the applicant is proposing minor interior renovations to the existing building. Changes to the interior of existing building include renovating the existing lobby and volunteer lounge and adding a new bathroom/shower within the lounge subject to availability of funding. The applicant is also proposing to renovate the holding rooms located in the northern corner of the building, where the addition will be connecting to the existing structure, and is proposing to add an exam room, kitten adoption room, nursery and supply room where the laundry and supply room is currently located. 13. The east elevation (sheet A201) shows a metal overhead door where the loading areas is proposed. It does not appear that this door is reflected on the first floor plan (sheet A101). The applicant shall revise the plans to ensure consistency. 14. The applicant has not provided a rear elevation or side (west) elevation of the existing building. Is the applicant proposing any changes to these façades as a means to match the proposed addition and renovation?

15. The applicant shall provide testimony addressing how each of the different rooms are utilized within the building. Landscaping/Buffering 16. The applicant is proposing an earthen berm that is proposed to wrap around the southern edge of the parking lot which may serve as a buffer between the parking lot and Route 202/NJ 31 corridor. The applicant is additionally proposing to plant a mixture of shrubbery along the berm, consisting of Glassy Holly Inkberry plantings and English Laurel. The applicant shall provide testimony pertaining to whether these landscaped features provide adequate screening pursuant to 92-46G(1). 17. The applicant is not proposing any landscaping around the proposed loading area adjacent to the building. Pursuant to 92-46G(2), all loading areas shall be landscaped and screened sufficiently to obscure the view of the parked vehicles and loading platforms from any public street and adjoining property. The screening shall be by extension of the building, a fence, berm, wall, planting, or combination thereof and shall not be less than four feet in height. a. We note the Landscaping Plan (sheet 5 of the engineering drawings) show a general buffer of trees along the property s border with the exit ramp and adjacent residential properties. The applicant shall provide testimony to ensure the loading area is not visible to the street or adjacent properties. 18. The applicant shall provide testimony pursuant to 92-46G(3), which states, Each off-street parking area shall have a minimum area of 5% equivalent to landscaped and shrubs no higher than 3 feet. The landscaped areas shall be distributed throughout the parking area in order to break the view of the parked cars in a manner not impairing visibility. a. We note the applicant does provide 2 narrow strips of area that are proposed to consist of shrubbery plantings, however, calculations of these areas have not been provided. The applicant shall provide testimony to determine whether a design waiver is required. 19. Pursuant to 92-46G(4), One shade tree, measuring 2.5 inches to 3 inches caliper minimum, shall be provided for every 3 spaces. The applicant is proposing a total of 54 parking spaces, thus requiring a total of 18 shade trees within the parking area. The applicant is proposing 7 trees within the landscaped islands, and an additional 5 trees

around the exterior of the parking area/drive aisles. The applicant shall either provide 18 shade trees or provide testimony in support of this waiver. 20. The applicant shall provide testimony pertaining to whether the proposed landscaping consists of native species. a. It appears both deciduous trees, Chanticleer Pear and October Glory Maple, in addition to the evergreen trees, White Pine and Douglas Fir, are native trees in New Jersey, according to the USDA Native Plant Search. 21. The applicant shall provide testimony pertaining to whether the proposed landscaping sufficiently screens the parking and loading areas from the adjacent residential dwellings located to the rear of the property. Lighting 22. The lighting photometrics on the Lighting Plan (sheet 6 of 10) is confusing and difficult to interpret. There appears to be several photometric lines that do not have labels associated with them. In order to make the lighting plan easier to interpret, we recommend the applicant merge the photometric outputs. 23. The Township Land Development ordinance requires outdoor light fixtures to be shielded. The applicant shall provide testimony regarding whether the proposed light fixtures and existing light fixtures that are proposed to be retrofitted conform to 92-57C(1). 24. The applicant shall provide testimony pertaining to the height of the existing and proposed light fixtures. Sheet 6 of the engineering drawings notes that the existing poles are approximately 20 feet in height, which exceed the proposed roofline of approximately 10 feet. The applicant shall provide testimony in support of this waiver. a. We note the building s roofline varies between approximately 10 feet to approximately 20 feet. 25. Are any light fixtures proposed to be located on the building? If so, the illumination levels shall be added to the lighting plan and details be provided. 26. Are the light fixtures in the parking lot proposed to be on a timer or motion sensor? Will the lights be dimmed at the end of each workday to provide security lighting for the site? 27. The applicant shall provide testimony pertaining to the quality of light from the fixtures. Is the applicant proposing a cool light or warm light?

28. The applicant shall provide the foundation details and the height of the poles and light fixtures pursuant to 92-57F. Signs 29. The architectural drawings indicate a sign that is proposed above the main entrance of the building that is approximately 8.5-feet wide by 1-foot tall. The sign is proposed to be etched in the glass of the clerestory. The applicant requires waiver relief for this sign as it is located above the base of the roof. 30. The applicant is proposing to maintain the existing free-standing sign located at the base of the driveway. The applicant has not submitted details for the existing sign. a. While this is an existing sign, the applicant shall provide testimony as it pertains to 92-72A(7) to ensure waiver relief is not necessary. Parking/Circulation 31. It appears the applicant is providing excess parking based upon the standard required for veterinary hospitals. The applicant shall provide testimony regarding this condition. 32. The applicant shall provide testimony pertaining to site circulation, specifically as it pertains to delivery trucks and garbage trucks. 33. Has the applicant submitted the site plan to the fire department for their review? Specifically, are firetrucks and other emergency services able to navigate the site appropriately? 34. The applicant requires a waiver from 92-63E(1) as it pertains to the size of the parking stalls. It appears the existing parking area conforms to the Township s requirement of parking stall size (10 feet by 20 feet), but 30 of the proposed stalls are undersized (10 feet by approximately 18 feet). The applicant shall provide testimony pertaining to this condition and revise the plans to show the exact dimensions of the parking stalls. 35. Has the applicant considered angled parking and one-way drive aisles through the parking lot as a means to reduce the impervious coverage in front of the building? 36. The expanded parking lot located to the east of the existing parking area is proposed to consist of porous pavement. The applicant shall provide testimony pertaining to the maintenance of porous pavement.

a. We note the Board Engineer has requested the applicant provide on-site permeability tests to determine the permeability rate for the on-site soils, calculations confirming the design is sufficient to drain the proposed design volume within 72 hours, and a maintenance plan to ensure effective performance. Utilities/Grading/Stormwater Management 37. We defer comment to the Board Engineer regarding the utilities, drainage, and stormwater management. Misc. Comments. 38. The applicant is proposing to remove and relocate the existing trash enclosure to the opposite side the building. 39. We note that adjacent to the existing trash enclosure are two storage sheds and what appears to be a turnaround area. a. The applicant shall provide testimony pertaining to the functionality of these storage sheds. b. The applicant shall provide testimony as to whether deliveries are proposed to occur at the location of the existing turnaround. 40. There is an existing concrete surface located to the rear of the building that is noted as Existing concrete surface/shrubbery to remain undisturbed by this construction. a. What is the purpose of this concrete surface? 41. The applicant is proposing to screen the proposed trash/recycling enclosure with a 6-foot tall wood picket fence. The applicant shall provide testimony to confirm. 42. The trash enclosure detail on sheet 10 of the engineering drawings is unclear with respect to the material proposed for the gates to the trash/recycling enclosure. Is the gate proposed to be chain link or wood to match the remainder of the enclosure? 43. The applicant is proposing a 40-foot by 10-foot delivery/recycling truck turnaround area near the delivery truck/loading space and trash enclosure. The applicant shall provide testimony pertaining to the size of the vehicles that will be using this turn around.

Aerial Map of Property