ZONING BOARD OF ADJUSTMENTS MEETING MINUTES AUGUST 19, 2013

Transcription

1 S MEETING CALL TO ORDER The meeting was called to order at 7:03 p.m. FLAG SALUTE The Board did then salute the flag. ROLL CALL On a call of the roll, the following Board Members and Officials should be present: BOARD Mr. William Hering, Chairman Mr. Egon Behrmann, Vice-Chairman Mr. Andre H. Bryant, Commissioner Mr. Joseph Gibilisco, Commissioner Mr. James Heim, Commissioner Mr. Ray Lopez, Commissioner Mr. James E. Pellettiere, Commissioner Ms. Paula Braxton, #1 Alternate Commissioner Mr. Adrian Zapotocky, 3 rd Alternate Commissioner Ms. Aleida B. Rosete, 4 th Alternate Commissioner Absent from this meeting were Commissioners Heim, Braxton and Hering Absent from this meeting was City Engineer, James R. Housten, Jr. : Any necessary changes to the Zoning Board of Adjustment regular meeting minutes of May 20, 2013 shall be made at this time and approved by action of the commissioners. Motion: Commissioner Lopez Second: Commissioner Rosette Yes: Commissioners Bryant, Lopez, Pellettiere and Rosete Absent: Commissioners Heim, Braxton and Hering Abstain: Absent on May 20, 2013; Commissioners Behrmann, Gibilisco and Zapotocky

2 PAGE TWO Vice-Chairman Behrmann chaired this meeting in the absence of Chairman Hering. Vice-Chairman Behrmann opened the meeting with the regulations and reading of the agenda into the record. The following action took place: The swearing in of the professionals. Vice Chairman called upon application #02/13 BM MOTORS, 1453 Lawrence Street, Block 332, Lot 21, Applicant is seeking minor site plan approval with use d variance. Richard Schkolnick, attorney for the applicant, presented the application. Mr. Schkolnick stated that the applicant is here for a Paint Booth installed inside the building so that the applicant can fix and repair the vehicles he has to be sold to the public. Mr. Schkolnick stated that the applicant has to send the vehicles off premise to be fixed and it is taking too long for the return of these vehicles. He would like to save the expense of this and do the repair at the site. Mr. Schkolnick stated that all the work is inside the building; there is no change to the outside of the building. Mr. Schkolnick stated that in his opinion; this is a no detriment type case. He stated that the booth is partially installed and the applicant did not realize there would be a Zoning issue. The installation of a Paint Booth is not a permitted use in the zone. Mr. Schkolnick stated that this is why they are here in front of the Board tonight. Mr. Schkolnick stated that he has two witnesses to testify tonight; the president of the company and the sales manager of the Paint Booth. Mr. Schkolnick called upon Mr. Boris Fidelman, president of the company, to testify. Mr. Fidelman stated that he has been in the used car business since 2000 and at this place since He stated that he renovated the place that used to be Bell Audi Car Sales. He stated that it is a successful business with 40 employees. It is a used car dealership that sells between units a month. Mr. Fidelman stated that it is an 18 bay vehicle facility. He stated that most vehicles need cosmetic work and minor repairs. He would like to have a Paint Booth on premise to make his business more viable to the business. Mr. Fidelman stated that there is no major repairs; just minor cosmetic repairs. The Paint Booth would aid in the vehicles that need to be cosmetically prepped for sale. Mr. Fidelman stated that 12 of the cars bought need cosmetic work. There is no change in the parking or the operation; he is just looking for efficiency in the business. Mr. Fidelman stated that there is no impact on the neighborhood; business is the same; just needs the Paint Booth to operate efficiently. Commissioner Pellettiere asked about the location of the Paint Booth in the building. Mr. Fidelman & Mr. Schkolnick referred to sheet 1.01, which were given to the Board members, to show where the Paint Booth was placed. Mr. Fidelman stated that they did not need all the bays with the lifts; two of those bays were replaced with the Paint Booth. Mr. Pellettiere asked if all this work had the consent of the landlord. Mr. Pellettiere was told that the landlord consented to all the work that was done by the Mr. Fidelman. Mr. Fidelman stated that he will be hiring new employees; two more workers; one as a helper and a body man. Commissioner Zapotocky asked about the number of cars that are shipped to outside body shops. Mr. Fidelman stated it is about 40 cars. Mr. Zapotocky asked about the parking of these cars; is there sufficient parking. Mr. Fidelman stated that yes ; there is sufficient parking. Mr. Fidelman stated that he gets 90% of the cars from auction and the cars are checked out mechanically for major repair before purchase. They only purchase cars with minor repair work needed to them. Commissioner Gibilisco stated that he did help out with the storing of cars during the storm. Commissioner Gibilisco stated that Mr. Fidelman had to clean up from both storms at the company s expense and did so; he protected the cars to be sold. Commissioner Lopez asked about the hours of operation. Mr. Fidelman stated that the hours are 9am to 6pm five (5) days; Monday through Friday. Commissioner Lopez asked about noise to the surrounding properties. Mr. Fidelman stated that there is no noise. Commissioner Behrmann had concerns about outside work being done. Mr. Fidelman stated that they just work on their cars only; customers only repairs. He stated they are not looking for outside business for body work. Mr. Fidelman stated that it will not become a body shop. They intend to repair 1-2 cars at a time; they have a small capacity to paint. Mr. Fidelman stated there will be no expansion of the business to add an auto body business; it s a used car business not body shop business.

3 PAGE THREE CONTINUED: Commissioner Rosette asked about the financial impact to the outsource business if this business is going to do their own work. Mr. Fidelman stated that these businesses really do not like dealers because they cannot make enough profit on these repairs; there would be no impact. Mr. Schkolnick then called upon Patrick Reardon, sales manager for the Paint Booth. Mr. Reardon deals with the sales and repairs of the Pain Booths. Mr. Reardon explain to the Board the mechanics of the Paint Booth. Mr. Reardon stated that this is a no ignition type of Paint Booth and the exhaust system is approved at the Municipal level. He continued to state that the applicant does not need DEP approvals. Commissioner Lopez asked about the company Mr. Reardon represents. Mr. Reardon stated that the company has been around for 30 years; primarily they are from Italy. Mr. Reardon explained to the Board the filtration of Paint Booth. Commissioner Behrmann was concerned about the fumes coming out into the neighborhood. Vice-Chairman Behrmann opened the application to the public. Alex Nobo, 37 Chrome Avenue, Carteret, New Jersey, who owns a four family building at Lawrence Street, was concerned about the Pain Booth and the change of the zone with this use. Enrique Nobo, 37 Chrome Avenue, Carteret, New Jersey, was concerned about parking in the area, he stated he does not see any benefit to the neighborhood; there s enough pollution. Tyron Jenkins, 1520 Totten Street, who lives 65 feet from the business door; is concerned about the pollution from the business. He is concerned about the increase in pollution; smell of paint and concerned about the noise; he is against this application; not a healthy thing. Weharkns Dorsanvil, 1444 Lawrence Street, was concerned about people s health. He is against the application because it will affect his children; not a good idea to see this happen. Simone Jegin, 1539 Totten Street, concerned about the environmental effect and noise; against the application; it s a health hazard. Seeing no more public coming forward; the public portion was closed. Kevin O Brien, City Planner, addressed the concerns in his review letter/report to the Board and applicant. Mr. O Brien addressed the insufficient parking; parking on Totten Street; the street was vacated as part of the Rte.1 alignment. The applicant stated that they are working on the parking to have spaces at all times on Totten Street. The applicant stated that there is no exterior improvements. Mr. O Brien stated that the applicant need to show revised plans to show access to the Paint Booth. The applicant needs to show there is sufficient room for cars to get in and out of the paint booth and needs to clearly label the plans to show an accurate location for the cars to move in and out of the Paint Booth. The applicant stated that the State Fire Marshall makes annual inspections of the facility. The applicant stated that there is no change to the lot coverage. John R. Pidgeon, Board attorney, asked about the number of employees at this sit. The applicant stated that there are 40 employees currently at this site; 30 at all times, 5 days a week, Monday Friday. He stated that the employees get 2 days off per week. The Paint Booth would operate 9am 5pm. - 5 days a week. Commissioner Pellettiere stated that there should be conditions to the time the painting will occur and address the ventilation and filtration of the Paint Booth. Mr. Pellettiere wanted to know if the Paint Booth would be running all day long. Mr. Reader, sales/service manager, addressed the filtration and ventilation issues to the Board. Commissioner Bryant had concerns if anything was in place to protect this product in case of flooding. Commissioner Bryant was told that they are 6 feet above the flood line. Commissioner Rosete stated that she did not understand why the applicant does not need DEP approval. She was told that only the paint manufacturers need to be approved; they provide safe & clean environment for the painter in the Booth. Vice-Chairman Behrmann asked Mr. Schkolnick for his summation. Mr. Schkolnick stated that this application is a no detriment application; not a heavy duty operation. It s not a typical Body Shop operation. It is particularly suited for this type of business; efficient use of land & purpose. Mr. Schkolnick stated that he is a local businessman in the community who hires from the community.

4 PAGE FOUR CONTINUED: Vice-Chairman Behrmann asked that the application be continued to the next month s meeting of September 16, 2013 because the applicant needs to address the Boards concerns with the Paint Booth; technical specifications of the Paint Booth, in order to make a decision on this application. Kevin O Brien read into the record a number of possible conditions for the September 16, 2013 meeting. They are as follows: No advertising of paint booth availability or paint booth services, Only cars sold at this location may use paint booth, A frame repair machine will not be installed, Revised plans will be submitted that accurately reflect the layout of the facility and will be at the correct scale, Turning radius to be shown to access paint booth, Additional plantings to be placed along street, Add a vertical exhaust and charcoal filtration or similar systems to control vapors, No more than two cars per day in paint booth. Motion to carry the application to the September 16, 2013 meeting without further notice was made by Commissioner Lopez and seconded by Commissioner Gibilisco. Motion: Commissioner Lopez Second: Commissioner Gibilisco Yes: Commissioners Behrmann, Bryant, Gibilisco, Lopez, Pellettiere, Zapotocky and Rosete Absent: Commissioners Heim, Braxton and Hering OTHER BUSINESS: Resolution memorializing the approval of application #01/13 Meridia Lafayette Village Urban Renewal Rahway, LLC, Main Street and Monroe Street, Block 320, Lot 1.02, applicant is seeking preliminary and final major site plan approval, D (4) & (5) Variances, Bulk c Variance and De Minimis exceptions from the RSIS standards. Motion for approval to memorialize the resolution was made by Commissioner Lopez and seconded by Commissioner Rosette. Motion: Commissioner Lopez Second: Commissioner Rosette Yes: Commissioners Bryant, Lopez, Pellettiere and Rosete Absent: Commissioners Heim, Braxton, and Hering Abstain: Commissioners Behrmann, Gibilisco and Zapotocky ADJOURN: There being no further business; the meeting adjourned at 9:10 pm

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