TOWNSHIP OF MORRIS BOARD OF ADJUSTMENT SPECIAL

TOWNSHIP OF MORRIS
BOARD OF ADJUSTMENT
SPECIAL MEETING MINUTES
MAY 11, 2015
Call to Order
The special meeting of the Township of Morris Board of Adjustment was called to order on Monday
evening, May 11, 2015, at 7:30 P.M. in the Municipal Building, 50 Woodland Avenue, Township of
Morris.
Statement of Adequate Notice
Chairman Kronk issued the following:
“I hereby announce and state that adequate notice of this meeting was provided by the Secretary of this
Board of Adjustment by preparing a notice dated May 6, 2015 specifying the time, date and place of this
meeting, posting such notice on the bulletin board in the Municipal Building; filing said notice with the
Clerk of the Township of Morris; forwarding the notice to the Morris County Daily Record and the Morris
News Bee, and forwarding, by mail, the said notice to all persons on the request list, and I hereby hand
a copy of such notice to the Secretary of the Board of Adjustment for inclusion in the minutes of this
meeting, all of the above actions being in accordance with N.J.S.A. 10:4-6, et seq., Open Public
Meetings Act.”
The Pledge of Allegiance was led by Mr. Timothy Kronk, Chairman
Roll call of Board Members and Professionals
Members Present
Timothy Kronk, Chairman
Kathleen Kalaher
Thomas Luby
Donnell Williams
Paul Woodford
Rick Haan
John Christensen
Joen L. Ferrari, Alt. 1
Paul Staudt, Alt. 2
Members Absent
NONE
Also Present
Mr. Rich Oller, Board Attorney
Mr. Paul Phillips, Board Planner
Mr. James Slate, Twp. Engineer
Ms. Sonia Santiago, Board Secretary
Township of Morris Board of Adjustment
Special Meeting Minutes
May 11, 2015
Regular Meeting
BA-03-14
Block 1101, Lot 19.01, 11 Holmes Court, RA-35 zone. Section C.
Robert S. Cappy
Applicant proposes construction of an in-ground pool, patio and pool equipment creating a side yard
setback for the proposed pool equipment of 17 feet where 30 feet is required, a combined side yard
setback of 63.4 feet where 75 feet is required and a rear yard setback of 24 feet for the proposed pool
and 20 feet for the proposed pool patio where 50 feet is required.
Proof of Publication and Affidavit of Service filed and approved by the Board Secretary and Board
Attorney.
Ms. Diane Hickey, attorney for the applicant entered her appearance and presented the application to
the Board.
The following professionals being sworn in by the Board attorney appeared to be heard.
Richard B. Schommer, Jr., Professional Engineer
The following exhibits were submitted as evidence.
A-1 Colored Rendering of the site plan
Summary of Testimony- Richard Schommer, Professional Engineer
Mr. Schommer stated that the property narrows towards the back, it is in the RA-35 zone. Presently
there is a single family home with a patio, deck area and a gazebo. There is also a retaining wall in the
rear of the property and along the southern side of the property is a 30 foot storm sewer easement. The
shape of the property and the fixtures that exist on the property today leaves us with an area in the back
within the building envelope as a usable rear yard area for construction of the swimming pool and pool
patio. The ordinance requires that the pool and pool deck complies with the principal building setback
requirements which are a side yard of 30 feet and the rear yard is 50 feet. Given the shape of the
property and the structures that exist there today only leaves us with a small area for the construction of
the pool. The rear of the property is actually open space property and it is owned by the Township which
is a detention basin and it will not be developed.
The proposal is to construct a 20 x 40 in-ground swimming pool and a pool patio. The pool equipment is
located near an existing retaining wall and some existing vegetation and we think that would be a great
area to place the pool equipment. Previously, we had the pool and pool patio shifted further to the north
closer to the neighbors property line and we have changed that to eliminate the side yard setback for the
pool and the pool patio. The pool patio is defined as the decking around the pool, from a zoning view
point patios can be located 5 feet from the property line. We have maintained a 30 foot setback to the
pool decking and 35 feet setback from the pool. With respect to the side yard setback to the north and
neighbors property line we will conform to the setbacks the pool will be 35 feet where 30 feet is required
the pool deck will be 30 feet where 30 feet is required. The pool equipment will be 17 feet from the
property line. Because of the location of the property and the physical features that exist there, you will
not be able to see the pool equipment. We are also proposing a row of evergreens to be planted which
will grow very large and provide additional buffer. Towards the rear behind the property is Township
property which is a detention basin, we still need a variance, the requirement is to meet the same
setback that is required by the dwelling which is 50 feet, the closest point will be 20 feet for the decking
and the pool will be at 24 feet where 50 feet is required. The other variance is the combined side yard
setback with the pool equipment on the north side and the deck to the south side will create a combined
side yard setback of 63.4 feet where 75 feet is required.
Township of Morris Board of Adjustment
Special Meeting Minutes
May 11, 2015
He further testified that the house, driveway and patio are the only things on the property today and are
fully conforming. In terms of variance relief this is a dimensional variance and the hardship criteria are
appropriate given the shape of the property and the structures that exist on the property and the
remaining space that we have within the building envelope to place a conforming pool. Under the
hardship we are abide to a piece of property that the shape of the property creates a hardship upon the
applicant. The only way to create a pool in conformity with the ordinance would be to place it close to the
house and it would require removal and demolition of substantial portion of existing improvements that
are present on the property today.
In addition to the hardship some aspect of the c2 flexible criteria applies by placing the pool in this
location and allowing deviation to the rear with respect to the open space, he doesn’t see this creating
an impact to properties in the rear and it allows the pool to be placed in this area and if we look at the
purposes of zoning, purpose G is to provide sufficient space and appropriate location for a variety of
uses including recreational uses and including both public and private to meet the needs of our citizens
and to provide a desirable visual environment. To place this pool not right behind the house where you
have to remove existing features to allow to be setback further, it’s a better design. Under either
scenarios the variance can be granted without substantial impairment to the zone plan or zoning
ordinance, the principal relief is to the rear. There is no dwelling close to the setbacks the closest
property to the rear is several feet away and we see no detriment. To the extent that there is no impact
to the neighbors, we believe the planting proposed along northern side will be effective; in respect to the
pool equipment which requires a variance, the proposed location at the bottom of the retaining walls and
screening with vegetation and screened by the existing shed is the most appropriate location for the
equipment. It will not be visible to the neighbors. A discussion was carried regarding the pool location
and the pool equipment among the Board members and the applicant’s professional.
The meeting was opened for questions or comments of the witness; the following person appeared to be
heard.
Ajay Sawhney
15 Holmes Court
Closed at 8:01pm
Ms. Hickey stated that based on the testimony and evidence presented she would ask the Board to
approve the application.
Applicant agreed to the enclosure of the pool equipment with a solid fence and it will meet the noise
requirements. Applicant is to submit Landscaping plan to the Township Engineer for review and
approval.
Conditions of approval; applicant must comply to pool enclosure, provide a solid enclosure for the pool
equipment to the satisfaction of the Township Engineer to mitigate noise, modify the landscaping plan to
provide additional buffer and play set to be removed.
Mr. Williams moved, seconded by Mr. Luby that approval be granted to the application of Robert S.
Cappy thereby permitting on Block 1101, Lot 19.01 the construction of an in-ground pool, patio and pool
equipment and that the Board attorney be authorized to prepare a formal resolution memorializing the
action taken by the Board, same to be presented for consideration at the June 22, 2015 meeting.
Roll Call: (Voting Members)
Kathleen Kalaher
Thomas Luby
Donnell Williams
Paul Woodford
YES
YES
YES
NO
Township of Morris Board of Adjustment
Special Meeting Minutes
May 11, 2015
Rick Haan
Mr. Christensen
Timothy Kronk
YES
YES
YES
Application approved 6-1
Mr. Christensen, Mr. Kronk and Mr. Staudt recused themselves from the following application.
Mr. Luby is seated as Chairman at this time.
A Certified Shorthand Reporter was present for the following application.
See attached transcript.
Morristown Unitarian Fellowship
BA-12-14
Block 9401, Lot 6, 21 Normandy Heights Road, RA-25 zone, Section D.
Continuation from the October 27, 2014, February 23, 2015 and March 23, 2015 public hearings,
applicant proposes to construct a new fellowship hall addition to the existing structure with other related
site improvements.
Proof of Publication and Affidavit of Service filed and approved by the Board Secretary and Board
Attorney.
Mr. Lawrence A. Calli, attorney for the applicant entered his appearance and presented the application
to the Board.
The following professionals being sworn in by the Board Attorney appeared to be heard.
Allison Miller, Reverend
Steven Parker, Church Board Member
The following exhibits were submitted as evidence.
OM-2 copy of the notice of the hearing referencing March 23, 2015
A-1 Pamphlet of Church Events dated January 4, 2015
A-2 Letter to Mayor and Township Committee dated 5-10-72
OM-3 Copy of Newspaper Article dated January 16, 2015 titled “She is still going the Distance”
The meeting was opened to the public; for questions of Reverend Miller, the following persons appeared
to be heard.
Mr. Jay Delaney, attorney for Daniel and June Meehan, 4 Pond Hill Road
David Dunham
9 Normandy Heights Road
Roger Merritt
28 Normandy Heights Road
Closed at 8:57 pm
Summary of Testimony – Steven C. Parker, Member of the Board
Mr. Parker stated that there has been a lot of discussion of what is happening at our location. Mr. Parker
stated that professional staff uses the building five days a week. Our primary function is on Sunday we
conduct over 130 worship services per year and when you actually look at the religious education or the
Sunday school program, we have over 320 religious education classes in the course of every year. As
you know there is a lot of work that is done by the committee and volunteers, those committee meets at
least once or twice a month primarily on weekday evenings. We also have a choir and a children’s choir.
They each practice 40 times a year for regular choir practice and then extra practices for the
performances that they do, they do concerts during the course of the year and a lot of other events
throughout the year such as, Halloween party, auction, fundraiser art exhibits, jazz concert in the spring,
Township of Morris Board of Adjustment
Special Meeting Minutes
May 11, 2015
we have two picnics throughout the year, a fundraiser for South America and sit down dinners, which are
well attended.
The fellowship has two women’s groups and two men’s groups and a meditation group. They meet
weekly, bimonthly and monthly depending on which group it is. Then we do a tremendous amount of
adult education and covenant circle work. We also have adult education classes going on a year round
basis and we have our share of weddings, memorial services and baby dedications. Mr. Parker
reviewed exhibit A-1 which consisted of a pamphlet of order of service and what’s happening at
Morristown Unitarian Fellowship entitled “The Journey Within” dated January 4, 2015.
Mr. Parker stated that they make a tremendous amount of use of the building seven days a week and
most evenings. They don’t have a big social space anywhere in the old mansion. They use the sanctuary
for any large event and that only holds approximately 125 people. They sometimes have to turn people
away. When we sat down with the architects, we basically said give us a room big enough to seat 200
people at tables. We also asked for additional bathrooms, kitchen right next to the big seating area and
a couple of extra classrooms that are sprinklered. All we have asked is because of our needs which
constitute 90% of the use. The building is not available much to outside users because of our own
needs.
He further stated that the purpose for doing this kind of external use that we do, these accessory uses,
this is a great opportunity to leverage the building to help bring forward the kind of things that we believe
in and support as part of our belief system. We look for users that are congruent with our faith system
and views are a little unique. The thing that holds us together as a religious organization isn’t the belief
in a particular type of deity, but basically a set of guiding moral principles that we try to agree to live our
lives by. Mr. Parker proceeded to describe the different uses in the church. Churches are integral part of
the community. Our building was designated a shelter in 1962. Mr. Parker proceeded to describe the
different type of activities that goes on in churches.
Recess taken at 9:20 pm
Meeting reconvened at 9:30 pm
Mr. Parker further stated that he has approximately 15 years with the church and what’s being going on
at the Fellowship has been going on since 1957. There was a question regarding concerts. We have
had concerts where we bring in outside musicians and usually a couple of those over the course of the
year and those are open to the general public. We have raised money for impoverished people. If you
go back in the 60’s 70 or 80’s you see the same things.
Mr. Parker reviewed exhibit A-2 with the Board which consisted of a letter dated May 10, 1972 submitted
to the Mayor and the Township Committee stating the uses of the Church. He further stated that on
street parking is not acceptable by the neighbors and for us; we are making a huge improvement on the
parking. Mr. Parker stated that they had members of the project team do informal parking counts to test
a bunch of use situations so that they could feed that information to the professional design team and he
offered the parking counts to the Board. He stated that they offer two worship services on Sundays. He
stated that that peak parking is kind of in between them when half the people are actually in the first
service and the other half are beginning to arrive ready for the second service. The parking counts range
from 99 to 117 and that was spinning 15 to 20 cars onto the street. Mr. Parker stated that Monday thru
Thursday the volume is less and the parking is cleared by 9:30 pm and that the higher volume is Friday
thru Sunday. A discussion was carried regarding the church events and the amount of people attending
the events and the parking.
The meeting was opened to the public for questions of the witness; the following persons appeared to be
heard.
Township of Morris Board of Adjustment
Special Meeting Minutes
May 11, 2015
Mr. Schkolnick, attorney for Michelle Rechler, 26 Normandy Heights Road
Mr. Jay Delaney, attorney for Daniel & June Meehan, 4 Pond Hill Road
Roger Howard
20 Normandy Heights Road
David Dunham
9 Normandy Heights Road
Padma Gadde
15 Normandy Heights Road
Larry Cutler
1 Woodruff Road
Mr. Woodford moved seconded by Mr. Luby and unanimously carried the application is adjourned and
carried to the May 18, 2015 without further notice.
Other Matters – none to be heard
With no further business for consideration by the Township of Morris Board of Adjustment, on motion
duly made, seconded and unanimously carried, the meeting was adjourned at 11:03 P.M.
Respectfully submitted,
Sonia Santiago, Secretary
Township of Morris Board of Adjustment
Approved: July 27, 2015