Zoning

Millville Zoning Board Meeting Held July 6, 2017 PUBLIC MEETING 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 Chainey called the meeting to order at 6:31PM 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 called roll and found those in attendance were Mr. LaTore, Mr. McGahhey, Ms. Velez, Mr. Conner, Mr. Carty, Mr. Worthington and Chairman Chainey. Also present were Mr. Van Embden, Zoning Board Solicitor and Ms. Birdsall, Planning Consultant. Ms. Battist-Celestin was absent. MINUTES OF THE PREVIOUS MEETING Mr. Worthington made a motion to approve the June 1st minutes and was seconded by Mr. McGahhey. The minutes were approved with a yes from Mr. McGahhey, Ms. Velez, Mr. Conner, Mr. Carty and Mr. Worthington. Chairman Chainey and Mr. LaTore abstained. CORRESPONDENCE – N/A PRESENTATIONS – N/A RESOLUTIONS – N/A APPLICATIONS Mount Pleasant United Methodist Church Joseph Chiarello of Jacob & Chiarello appeared on behalf of Mount Pleasant United Methodist Church for a hearing on completeness only. Mr. Chiarello explained to the Board that they submitted site plans as requested by the Board. He stated they were seeking a waiver for the environmental impact statement. He said that there was going to be no change to the impervious area and no real change to what is existing other than the church being replaced with a somewhat smaller building. He explained that the church has existed in the location for over one hundred years. After ensuring that the professional staff believed the application was complete, Chairman Chainey asked for a motion. Mr. Worthington made a motion to approve the application and was seconded by Mr. LaTore. Mr. McGahhey, Ms. Velez, Mr. LaTore, Mr. Conner, Mr. Carty, Mr. Worthington and Chairman Chainey all voted yes. South Wade Realty Mr. Van Embden stepped aside as solicitor for this application due to a conflict. Howard Melnicove, Esq. was seated as conflict solicitor. William Reilly of Waltman & Reilly appeared on behalf of South Wade Realty’s application for a d-3 variance at 402 S. Wade Boulevard (Block 489, L9). Mr. Reilly explained that New Beginning Pentecostal Church, the tenant of the property, has occupied the space for six years. He continued that Mr. Caregnato, Zoning Officer for the City, discovered the Church while he was investigating a nearby lot and saw a sign on the door to the Church stating “Entrance to Sanctuary”. Mr. Reilly presented the sign to the Board as exhibit A-1. Mr. Reilly stated that the property is in an I-1 zone and is not easily seen from Wade Boulevard. Barbara Otero of 221 S. 3rd Street, Vineland, was sworn in by Mr. Melnicove as a witness for the application. Ms. Otero is the founder of the New Beginning Pentecostal Church and has leased the property for six years. She testified that at the beginning of their lease they had twenty members and the most the church has ever been is thirty. Currently, it is twenty congregants. Mr. Reilly presented to the Board Exhibit A-2 which showed the front of the unit that the Church occupies which is only half of the building. Ms. Otero explained that her neighboring tenants are only in their space during the day time and do not seem to use it while the Church is in session. Mr. Reilly then presented A-3 to the Board which showed the entire building and asked Ms. Otero about the garage door that appeared in the picture. She told the Board that it is only used for storage. Exhibit A-4 was also presented to the Board which showed the parking area at the facility. Ms. Otero explained that the amount of parking easily accommodates the number of Church members. It was explained to the Board that the Church meets Sundays from 6 to 8:30 p.m. for worship, on Tuesday from 7 to 9 p.m. for a prayer service and on Thursday from 7 to 9 p.m. for a bible study. During these times, none of the other businesses are open. The applicant testified that, during the six years they have occupied the space, they have never received a complaint in regards to their services or parking impeding other businesses. Mr. Reilly asked Ms. Otero that if their church attendance were to grow, what the maximum number of individuals they could accommodate at that location. She stated it would only hold fifty individuals. At that point, her intention would be to relocate to a larger facility because they would need more bathrooms and a bigger parking lot. In reply to a question from Mr. Reilly, Ms. Otero stated that she would not have a problem with a condition to limit the number of attendees to fifty persons. Mr. Reilly stated that the application does not present a substantial detriment to the public good. He concluded that the church is not open with other businesses, they have not received any complaints and there are no traffic problems. He continued that although they do not have the required size for this conditional use, it does not impair the industrial zone. Finally, he also presented Exhibit A-5, the lease of the property. Mr. Worthington inquired about the other business at the property. Mr. Caregnato replied that the property is used by a man who uses the space to detail used cars prior to selling them offsite. Ms. Chainey expressed her concern that the detail business would take up the parking. Mr. Caregnato explained that it could but, in his opinion, there is ample parking for members of the Church. Mr. McGahhey inquired about occupancy limits for fire safety. Mr. Caregnato explained that if the variance was issued, the Church would require a Certificate of Occupancy and Zoning, Construction and the Fire Department would determine maximum occupancy for safety. Board members also verified that the neighboring building did not contain any chemicals or gasoline. Board members expressed concern about the lighting at the facility because some services were held after dark. Ms. Otero ensured Board members that there was plenty of lighting at the facility and that the parking lot was fully lit. Ms. Birdsall suggested to Board members that they ask for a site plan that would detail parking, lighting and any other areas of concern relevant to land use. She also reminded them that the variance runs with the land and not the owner. Mr. Reilly asked the Board to waive the site plan because they had occupied the space for six years with no problems. Mr. Worthington asked that, if they were to waive the site plan, could they require a site plan should a new church occupy the space. Mr. Melnicove stated that the church would have to abide by the conditions imposed for this approval. Mr. Conner asked Ms. Otero if they use the space any other days. She explained that they occasionally do but generally do not have services any other day besides those previously stated. Ms. Chainey asked Ms. Birdsall to give her professional opinion. After being sworn in, Ms. Birdsall testified that it is an inherently beneficial use and that there is no harm to the public good. She stated that the Board needs to consider the Land Use Ordinance and Master Plan. She stated that the new Land Use Plan supports business and enterprise in this area. She advised the Board that to weigh the application on both sides, such as what the intention for the area is, Business Enterprise, as well as consider the public safety issues. Ms. Birdsall requested a site plan sketch would supply sufficient information to satisfy the land use issues. Mr. LaTore asked if the Zoning Officer could make the determination that the lighting is adequate and Ms. Birdsall stated that he could but it’s normally up to engineering to approve. The Board expressed additional concerns over parking and handicap bathrooms. Mr. Caregnato explained that in order to get a C.O., they would have to be compliant and satisfy those requirements. Mr. McGahhey made a motion to open the meeting to the public and was seconded by Mr. Worthington. All were in favor. With no comments, the application returned to the Board. Mr. Melnicove reminded the Board they are deciding on a d-3 variance and advised them to focus on potential drawbacks and detrimental impacts. He added that they can put limits on how they address the impacts. Board members discussed their concerns regarding how much to restrict the Church’s operating hours as well as possible conflicts that may arise if another industry or business comes into the area. The Board agreed to limit the space to a maximum of fifty people and operating hours of 6 to 10 p.m. every Sunday, Tuesday and Thursday. Additionally, the church can meet six additional times throughout the year for other meetings during hours that surrounding businesses are not in operation with the condition they do not hold any outdoor events. Finally, the applicant must submit a church plan sketch including the lighting of the facility and handicap parking and general parking. Mr. Worthington made a motion to approve the application with the above limitations and was seconded by Mr. McGahhey. Messrs. LaTore, McGahhey, Conner, Carty, Worthington, Ms. Velez and Chairman Chainey all voted yes. At 8 p.m. Mr. Van Embden stepped back in as Board solicitor for the remainder of the meeting. Madeline Bernal Madeline Bernal of 542 Irving Avenue and Mildred Lopez, Realtor at Coldwell Banker, appeared for Ms. Bernal’s application to obtain a Certificate of Non-Conformity for a property at 1129 S. 2nd Street. Mr. Van Embden explained to the Board that Ms. Bernal is trying to purchase the property in a B-4, General Business Zone. The mortgage company requires proof that the house can be rebuilt if it is completely damaged as a condition for issuing the mortgage. He stated that the house was built in 1961. Exhibit A-1, a picture from Google Maps of the property, was presented to the Board. Chairman Chainey asked Ms. Birdsall for her guidance. Ms. Birdsall advised the Board that although Staff could not determine what the zoning was when the house was built, it became non-conforming when the 1999 and 2002 Ordinances were enacted. The Ordinance and Municipal Land Use Law allow an interested party to obtain a ‘Certificate of Non-conformity’ from the Board which, basically, confirms the pre-existing use in the case of destruction. She further explained that the 2017 Land Use Element places the property in the Neighborhood Commercial land use category which will allow residential and small business. The new Ordinance, which is currently being drafted, will make the current request un-necessary. Chairman Chainey also asked Mr. Caregnato, City Zoning Officer, for his opinion on the application. Mr. Caregnato explained that, when the house was originally built, there were other businesses in the area. He stated that if the house were to be completely destroyed, it would, under the present Ordinance, invalidate residential use of the property so the Board is being asked to allow the property to remain residential should the house be destroyed. Chairman Chainey opened the meeting to the public and with no comments, asked the Board for any other comments or questions. Mr. McGahhey made a motion to approve the Certificate of Non-Conformity and was seconded by Mr. LaTore. All roll call vote was unanimous. At 8:16 P.M. the Board took a three minute recess. T-Mobile Northeast, LLC Alyson Fritzges of Riley, Riper, Hollin & Colagreco appeared on behalf of T-Mobile Northeast LLC. She introduced as witnesses:  Keith Williams, Site Manager at Smart Link of Fort Washington, PA,  Brian Seidel, Planner at Seidel Planning and Design of Pottstown, PA,  Archie Dickson, Radio Engineer at T-Mobile and  Alec Norris, Engineer at Maser Consulting. Ms. Fritzges explained that she would like the Board to first consider the application for an ‘b’ interpretation of the City’s Land Use Ordinance §30-283. The applicant feels that it should read “unless” instead of “shall” in the sentence, “Telecommunications facilities are prohibited on all other structure shall…” She stated that if the Board agrees with the interpretation, she would not need a use variance. Ms. Birdsall advised the Board that she agreed with Ms. Fritzges as the sentence does not make sense with the current wording. The Board, in this instance, is required to consider a reasonable construction for the sentence and the intent of the ordinance. After discussion by the Board, Chariman Chainey opened the meeting to the Public. With no comments the Chairman closed it and brought discussion back to the Board. Mr. Worthington made a motion to interpret the ordinance using “unless” rather than “shall” and was seconded by Mr. LaTore. Mr. McGahhey, Ms. Velez, Mr. LaTore, Mr. Conner, Mr. Carty, Mr. Worthinton and Chairman Chainey all voted yes. Ms. Fritzges announced to the Board the applicant was also seeking a c-1 Bulk Variance. Mr. Van Embden swore in all of the applicant’s professionals after the Board accepted their qualifications. Ms. Fritzges explained they were asking for the variance from the setback requirement of placing antennae at least ten feet from the edge of the roof. She introduced Mr. Williams as the Site Manager for Smart Link which works with T-Mobile and searches for potential sites for their telecommunications facilities. Mr. Williams testified that they have a potential lease with the landlord of 1200 N. High Street. Mr. Williams agreed with Ms. Fritzges that there are delinquent taxes on the property and that they have assented to paying the delinquent taxes prior to obtaining a building permit should they get Board approval for the project. Ms. Fritzges then introduced Mr. Dickson as an A-7 Radio Frequency Engineer for T-Mobile. Mr. Dickson explained that he provides services to T-Mobile to roll out the network and keep up with capacity requirements and make sure the signals are strong enough geographically for voice and data calls on mobile devices. Mr. Dickson presented to the Board Exhibit A-7 and explained the current T-Mobile signal strength in Millville. He expressed that they desired to make the signal stronger in the area as well as handle overload and customer traffic and decided that the location chosen was their best option. Mr. Worthington inquired as to why they did not choose a school and Mr. Dickson explained they would rather be on a private business, on a taller building and in this better location. Mr. Norris, Engineer at Maser Consulting, then presented to the Board a site plan, exhibit A-11, for the antennas. He explained that the equipment will be placed on the roof and that there will be, in total, twelve antennas. He stated that each array would have four antennas, twelve in total. Mr. Norris stated that the building presently has an antenna that extends above the roof line at 108.9 feet above grade with the roof at 60.9 feet above grade. Additionally there is an existing HVAC room in the middle of the building’s roof which is 70 feet above grade. He told the Board that the new antennas would be far below the existing one and would be in line with the current bulkhead. Mr. Norris explained to the Board that the antennas must be close to the edge of the roof so there is no shadowing effect, meaning the antenna waves will be able to reach down below, in front and on the sides of the building. The only light that will be on the roof near the cabinets is for technicians. He stated that if the technician were to accidently leave it on, it has an automatic switch off timer. Mr. Worthington inquired whether there was going to be any type of screening of the cabinets so they would not be seen. Mr. Norris explained that there was not going to be as the height and placing of the cabinets was not going to be seen from the street. Mr. Norris also presented Exhibit A-13 to the Board which shows a photo simulation of what the building would look like with the equipment on the roof. Mr. Conner confirmed with Mr. Norris that there were a total of twelve antennas. Ms. Frtizges introduced Mr. Seidel to the Board as their Planner for the project. Mr. Seidel explained to the Board that he reviewed the Land Use Plan for Millville and believes that it fits in the ordinance as its use is allowed in this particular district and believes that the Bulk Variance is appropriate for this application. Board members confirmed with Ms. Fritzges that all neighbors were notified about the application and that a notice was published in the newspaper. Chairman Chainey asked Ms. Birdsall to give her review of the application. Ms. Birdsall informed the Board that the plan meets all of the criteria for a variance and that, under the new land use plan, the area would be Commercial Highway. Mr. Caregnato expressed his concern with the lighting on top of the Building irritating surrounding residents of the area. Mr. Van Embden advised him that the building is four stories and the houses are only two. Mr. Norris added that the light is only utilized during maintenance, maybe once a month, and if left on, has an emergency shut off. The Board opened the meeting up to public comment. After no comments or concerns, the application was brought back to the Board. Ms. Fritzges notified that Board that because the facility would be entirely on the roof they are asking for a waiver of site plan. Ms. Birdsall advised the Board that the City staff recommended that as well. Board members expressed additional concerns about the current uses of the building and how the antennas may affect the residents of the senior apartments. Mr. Dickson explained that the antennas are highly directional and the residents would not be affected. Ms. Frtizges added that the Federal Communications Commission (FCC) regulates all frequencies. Mr. McGahhey made a motion to approve the application and was seconded by Mr. Worthington. A roll call vote resulted in all in favor. OTHER BUSINESS – N/A With no other further business, Ms. Worthington made a motion to adjourn and was seconded by Mr. McGahhey. Respectfully submitted, Traci Hofer Zoning Board Secretary