Joint Land Use Board

THE REGULAR MEETING OF THE JOINT LAND USE BOARD FOR MONDAY, NOVEMBER 23, 2020 WAS CALLED TO ORDER AT 6:00 P.M. AT THE LINDENWOLD BOROUGH HALL. THIS MEETING WAS BY PHONE CONFERENCE DUE TO THE CORONA VIRUS. SUNSHINE ANNOUNCEMENT FLAG SALUTE PRESENT: KATHLEEN MCGILL GASKILL, ESQ. – BOARD SOLICITOR JEFF HANSON, PE, CME, - BOARD ENGINEER MEMBERS PRESENT: MAYOR RICH ROACH COUNCILWOMAN LINDA HESS MR. CRAIG WELLS MR. JOE VANDERGRIFT MS. JOY JACKSON MS. KATHY FITZPATRICK MS. PAT STRIPPOLI MR. HOWARD DAWSON MS. NANCY DIDOMENICO MR. WALT LENKOWSKI MEMBERS ABSENT: MR. LENKOWSKI ENTERTAINED FOR A MOTION TO APPROVE MINUTES FROM OCTOBER 22, 2020. MAYOR ROACH MADE THE MOTION TO APPROVE, MOTION SECONDED BY COUNCILWOMAN HESS. ROLL CALL WAS UNANIMOUS WITH THE EXCEPTION OF MS. JACKSON AND MS. FITZPATRICK WHO ABSTAINED. MOTION CARRIED. MR. LENKOWSKI STATING WE HAVE A CONTINUANCE ON APPLICATION JLUB-20-10, UNITED PAVING CONTRACTORS, LLC ON BANGOR AVENUE. BOARD SOLICITOR STATING THE ATTORNEY FOR THE APPLICANT DID CONTACT THE BOROUGH AND INDICATED THAT BECAUSE IT IS AN USE VARIANCE THAT THEY WOULD LIKE TO PUT THEIR CASE ON WHEN WE ARE HAVING LIVE SESSIONS. THEY HAVE ASKED FOR THE MATTER TO BE CONTINUED FOR THIS EVENING. THAT CONTINUANCE HAS BEEN NOTED ON THE BOROUGH’S WEBSITE. THIS IS CONTINUED UNTIL WE GET FURTHER NOTIFICATION THAT THEY WANT TO PROCEED. APPLICATION JLUB-20-11 S. ZIA 1955 LAUREL ROAD BLOCK 240, LOT 3.01 USE VARIANCE MAJOR SITE PLAN (PRELIM. & FINAL) 1 VACANT LAND TO PERMIT AUTO REPAIR FACILITY AND SECOND STORY APARTMENT BRIAN LOZUKE, ESQ. – ATTORNEY FOR APPLICANT SULIMAN ZIA – APPLICANT GARY CIVALIER – ENGINEER FOR APPLICANT FRANK REALE AND SONS, LLC – CONTRACTOR FOR APPLICANT SWORN IN JEFF HANSON – BOARD ENGINEER SWORN IN MR. LOZUKE – GIVES PROCEDURAL HISTORY OF THE CASE MR. ZIA STATING THE APARTMENT WILL BE FOR PERSONAL USE BOARD ENGINEER STATING YOU ARE GOING TO BE LIVING THERE? MR. ZIA STATING NO, IT WILL JUST BE FOR PERSONAL USE BOARD SOLICITOR STATING DO YOU CONTEMPLATE IF YOU DON’T LIVE THERE, THAT THE UNIT WOULD BE OCCUPIED BY THE PERSON WHO IS OPERATING OR MANAGING THE REPAIR SHOP. MR. ZIA STATING NO ONE WILL BE LIVING THERE, IT’S JUST TO HAVE IT THERE MR. DAWSON STATING WILL IT BECOME A RENTAL MR. ZIA STATING NO MR. DAWSON STATING AT NO POINT IN TIME YOU WIL BE RENTING IT OUT, IT WILL BE FOR YOUR PERSONAL USE. MR. ZIA STATING YES IT WILL BE FOR PERSONAL USE MR. DAWSON STATING MY QUESTION IS, IF YOU ARE NOT GOING TO LIVE IN IT, WHAT’S GOING TO PREVENT YOU FROM RENTING IT OUT LATER MR. LOZUKE STATING IN THE ORIGINAL RESOLUTION GRANTING THE USE VARIANCE, IT WAS ACKNOWLEDGED AT THAT TIME THE PROPERTY WOULD NOT BE A RENTAL OR LEASED BY MR. ZIA. IT ESSENTIALLY WILL BE USED FOR PERSONAL USE INCIDENTAL TO THE REPAIR FACILITY. THERE WOULD BE NO ISSUE WITH A BLANKET RESTRICTION FROM ANY RENTAL OF THAT UNIT FOLLOWING ANY APPROVAL GRANTED BY THE BOARD. MR. DAWSON STATING SO AT NO POINT IN TIME WILL THAT UNIT BE A RENTAL, IT WILL STRICTLY BE FOR PERSONAL USE AND OFFICE USE, CORRECT? MR. LOZUKE STATING CORRECT, NOT WITHOUT SECURING AN ADDITIONAL USE VARIANCE FROM THE BOARD. MR. LOZUKE SUMMARIZING THE POSITIVE AND NEGATIVE CRITERIA FOR THE USE VARIANCE MR. CIVALIER GIVES OVERVIEW OF SITE PLAN APPLICATION BOARD SOLICITOR STATING I AM GOING TO GO THROUGH THE CONDITIONS OF THE PRELIMINARY AND FINAL SITE PLAN APPROVAL BOARD ENGINEER STATING WE DID RECEIVE A COMMENT FROM DEREK LEARY OUR CONSTRUCTION OFFICIAL REGARDING THE FILL THAT WAS PLACED ON SITE TO BRING THE SITE UP TO LEVEL, HE WANTS A COMPACTION/GEO TECHNICAL REPORT TO SHOW THAT THE FILL WAS INSTALLED PROPERLY BEFORE PERMITS FOR CONSTRUCTION. 2 BOARD SOLICITOR STATING WE WILL MAKE THAT A CONDITION OF APPROVAL. BOARD SOLICITOR GOING THROUGH CONDITIONS BOARD MEMBERS HAD NO FURTHER QUESTIONS MR. LENKOWSKI OPENED THE MEETING TO THE PUBLIC AND NO ONE SPOKE BOARD SOLICITOR SUMS UP APPLICATION BOARD SOLICITOR STATING WE HAVE THE USE VARIANCE IN WHICH MAYOR ROACH AND COUNCILWOMAN HESS WILL NOT BE PERMITTED TO VOTE ON THAT. MR. DAWSON STATING AS FAR AS THAT APARTMENT GOES, IS IT GOING TO BE NOTED THAT IT WILL NOT BE A RENTAL WITHOUT BOARD APPROVAL. BOARD SOLICITOR STATING THAT WILL BE CONTINGENT, THAT WAS PART OF THE ORIGINAL APPROVAL AND THAT EXACT LANGUAGE WILL CARRY FORWARD ON THIS APPROVAL. MR. LENKOWSKI ENTERTAINED FOR A MOTION FOR THE USE VARIANCE. MR. WELLS MADE THE MOTION TO APPROVE THE USE VARIANCE. MOTION SECONDED BY MS. STRIPPOLI. ROLL CALL WAS UNANIMOUS. MOTION CARRIED. MR. LENKOWSKI ENTERTAINED FOR A MOTION WITH THE CONDITIONS SET FORTH BY OUR SOLICITOR FOR THE PRELIMINARY AND FINAL SITE PLAN. MS. STRIPPOLI MADE THE MOTION TO APPROVE, MOTION SECONDED BY MR. WELLS. ROLL CALL WAS UNANIMOUS. MOTION CARRIED. MR. LENKOWSKI OPENED THE MEETING TO THE PUBLIC AND NO ONE SPOKE MEETING ADJOURNED NANCY DIDOMENICO BOARD SECRETARY 3