Zoning

Millville Zoning Board Meeting Held August 4, 2016 PUBLIC AGENDA SESSION Members of the Millville Zoning Board met on the above date for their regularly scheduled monthly meeting in the 4th Floor, City Hall Richard C. McCarthy Chamber. Chairman Redden called the meeting to order at 6:30PM and announced that this meeting was being conducted in accordance with the Open Public Meetings Act of 1975, was advertised, posted, and made available to the public as required by Statute. The Secretary is directed to include a statement in the minutes of this meeting. The interim Secretary then called roll and found those in attendance were Chairman Redden, Ms. Chainey, Mr. LaTore, Ms. Velez, Mr. Worthington, Ms. Battist-Celestin and Mr. Conner. Zoning Officer Caregnato introduced attorney Mr. Beltner as counsel for Robert Sampson who is making application for a D1 use variance in the Agriculture Conservation Zone on a piece of property with an existing pole barn (subdivided in 2002) on Fortune Lane to operate a golf cart sales and service business in the pole barn. A review report on the application was submitted by the Planner, the City Engineer and Mr. Caregnato which see no active agricultural activities in or around Fortune Lane which is basically residential. Mr. Caregnato also introduced attorney Mr. Fralinger as counsel for Habitat for Humanity making application to subdivide 4 lots with one remainder in order to construct, over time, additional affordable housing next to the three existing Habitat for Humanity affordable housing homes on Garfield Street in the Neighborhood Business and General Industry Zones. Minutes of Previous Meeting: Mr. Worthington made a motion to approve the July 7,2016 minutes, seconded by Mr. Conner. A roll call vote resulted in a yes for Chairman Redden, Ms. Chainey, Mr. Worthington, Ms. Battist-Celestin, and Mr. Conner. Mr. LaTore and Ms. Velez abstained. CORRESPONDENCE: None RESOLUTIONS Resolution #12-2016 was presented for memorialization, having been approved as a Use Variance for additional occupants in an existing rooming house. Mr. Conner made the motion to memorialize this resolution with Mr. Worthington seconding the motion. Roll call vote: yes from Chairman Redden, Ms. Chainey, Mr. Worthington, Ms. Battist-Celestin, and Mr. Conner. APPLICATIONS Sampson - Ben Zeltner of the law firm Levin & Stoller as counsel for Robert Sampson III and Sharon Sampson presented the application for the subject LLCto continue to operate as a golf cart sales and service business at 53 Fortune Lane, Block 52/Lot 105.07 in the AC Zoning District. Mr. Zeltner presented that there is a need for this type of business in the area due to the operation of golf carts by seasonal campers in local campgrounds and the increasing popularity of golf carts at the shore and retirement villages. Mr. Zeltner presented Mr. William Crane as an expert planning witness and he was sworn in. Mr. Robert Sampson of 45 Fortune Lane was sworn into the Board. Mr. Sampson testified that he and his father (now deceased) started this business in late 2011 via advertisement on Facebook, Craig's List, Internet and word of mouth. He stated that he purchases the carts and then customizes them to buyer's requests. He has a local customer that operates a golf cart for his tree farm business on Cedar Street. The property at which he customizes carts constitutes 2 acres with a pole barn. It was granted a subdivision from the adjacent property on which the Sampson house (owned by his mother) is sited in 2002 with no conditions required. Thus the property at 45 Fortune Lane has a residence and the subject property has a pole barn only. Mr. Sampson described his business plan as almost entirely marketed on the internet with virtually no on site customer presence. Typically a customer relationship would start by seeing an ad then calling up to make an appointment, perhaps come in to browse, then purchase a cartswith modifications. Mr. Sampson performs the customization and delivers the vehicle to the buyer. Some customers have even bought golf carts that they have seen on an advertisement online over the phone with a credit card. Mr. Sampson (his father passed away last year) is the sole owner and employee of the business and personally delivers the golf carts to consumers. Servicing occurs off-site at the customer's unless more extensive repair, including welding, is needed. There is no painting and all noise is confined inside of the Pole Barn. Hours of operation are Monday - Friday 9am-5pm, with some deliveries on Saturday. He does not welcome walk-in customers and you cannot see the business from Fortune Lane as shown in exhibit board A. In a typical week Mr. Sampson has maybe 2-3 customers or on a busy week, maybe 5. There are also approximately 15 golf carts for sale on-site. They are not visible from the road. Mr. Sampson testified that, since the business has been in operation, he has had no neighbor complaints. He was asked if this variance is not granted, does he have the financial means to set up business elsewhere and his answer was no. Mr. Sampson does not see the business growing any larger at this point. He was also asked about the concern for vandalism. He hasn't had any problems, he does have a driveway alarm installed, should any problems arise there may be some need to look into having cameras installed as well. Mr. Sampson, in reply to a question, testified that he only sells and services electric carts and does not foresee, at this juncture, adding LSV (low speed vehicles) which require NJ registration. Mr. William Crane testified for the applicant that he has reviewed all the materials and the Millville Ordinance and Master Plan. He believes that the application meets the MLUL purpose of sufficient space for a variety of development including commercial. As for the negative criteria, in his professional opinion the business blends in with the neighborhood and will cause no disturbance to the residents. He sees no detriment to the Zone Plan. A short recess was called so the applicant's lawyer could confer with Sharon Sampson, owner of 45 Fortune Lane and co-applicant. After the recess, Sharon Sampson testified that she plans to build and occupy a house on the subject property within 24 months and the application will be amended to reflect this as well as that the number of vehicles at the site will be limited to 20, that only electric carts will be sold and serviced and that there will be no 'retail hours' but that the business will operate by appointment only. A motion was made by Mr. Worthington to approve the use variance and waive site plan review based on the amended application. It was seconded by Ms. Battist-Celestin and approved unanimously on a roll call vote. Habitat for Humanity - Mr. Michael Fralinger, attorney for Cumberland County Habitat for Humanity, Inc., presented the application and reviewed the history of the site. He reminded the Board that they had granted a minor subdivision for this property, which was donated to Habitat, into three new lots with the remainder in 2003. At that time, the setbacks were based on the R-l0 setback requirements since they were in use across Garfield Street. Since then, Habitat has constructed three residences which are occupied. Since this is an application to construct affordable housing, Mr. Fralinger pointed out that it meets the Positive Criteria automatically. In response to staffs review, Mr. Fralinger said they would construct nd fencing at the rear of the lots and, if there are funds, all the way to 2 Street. He said the setbacks were determined in an attempt to match the already constructed houses, but Habitat will change to 25' in the front and 35' in the rear if the Board desires. Mr. Fralinger said that the project, as a minor subdivision, does not have to meet RSISstandards. Even so, if funding becomes available, they will pursue constructing a sidewalk, especially if there was nd sufficient funds to extend all the way to 2 Street. Board members agreed that the street was not a through street and had little traffic. As each house is constructed, it will submit a grading plan to the City's Engineering Department. Mr. William Gonzalez, the Executive Director of Cumberland County Habitat, testified to the mission and success of the organization in Cumberland County. Mr. Fralinger stated that the use variance and minor subdivision criteria have been met and conform to what was previously granted in 2003 by the Board. Public Comment: Brett Jones of 65 Garfield Street would like to oppose this project because he doesn't feel he has been given ample time to do further research. Also he has a concern of affecting his property value and cramping 5 ~omes on a very small lot. Debra Jones of 65 Garfield Street brought up the fact that just in some minor research that she has done that one popular realtor has 56 homes listed for sale under $50 K in Millville, which is more than plenty of "affordable housing" in Millville and doesn't feel that there is a need also with concern of decreasing her property value. Ms. Jones questioned as to whether there is a stipulation in the mortgage of these type of homes on how the yards are kept. There is a neighbor in one of these homes down the street from her that looks like an ongoing yardsale. She was informed that there is City Ordinance on upkeep of yards. In reply to a concern during the public hearing, Mr. Fralinger stated that the sequencing of home construction would depend on funding Board Comment and Summary: Board members stated that negative criteria as well as positive criteria have been met. They feel as though it is a win/win for the City. Ms. Chainey made a motion to approve this application and the motion was seconded by Mr. Worthington. A roll call vote resulted in a yes from Chairman Redden, Ms. Chainey, Mr. LaTore, Ms. Velez, Mr. Worthington, Ms. Battist-Celestin, and Mr. Conner. With no further business to discuss the meeting was adjourned with a motion by _ andsecondedby _ Respectfully submitted,