NEWTOWN TOWNSHIP

ZONING HEARING BOARD

MINUTES OF THE MEETING OF JULY 1, 2010

The Newtown Township Zoning Hearing Board met on Thursday, July 1, 2010 in the Newtown Township Building. In attendance and voting were: Secretary Mario Lionetti, William Wall and Brandon Wind, members. Also in attendance were: James J. Auchinleck, Jr., Esq., Solicitor, John Boyle, Code Enforcement Officer and William Campbell, Stenographer.

Call to Order

Mr. Lionetti, acting as chairman, called the meeting to order at 7:30 PM.

The Pledge of Allegiance

The Agenda was reviewed:

Application of Anthropologie – 200 N. Sycamore Street

Application of William and Susan Cunningham - 539 Taylor Avenue

Application of West 85 th (Baylinks Golf) – 8 Pheasant Run

Approval of Minutes

Mr. Wall moved to accept the minutes of June 3, 2010 as corrected. Mr. Wind seconded and the motion passed 3-0.

Application of Anthropologie

Mr. Wall read into the record the application of Anthropolgie, lessee, by David A. Levy and Associates, architects, 200 N. Sycamore LP, owners, for variances from sections 1106(G)(2)&(G)(4)(b) of the Joint Municipal Zoning Ordinance of 2006 to permit installation of two individual establishment signs with one sign being 7.5 sq. ft. and the second being 16.5 sq. ft. where only one sign is permitted and the maximum size permitted is 2 square feet. The subject property is 200 North Sycamore Street, Suite 140, The Promenade at Sycamore Street in the TC Town Commercial Zoning District being further known as Tax map parcel # 29-10-7.

Mr. Auchinleck informed the Board that he had received correspondence from the architect on this project asking to continue the application to the October meeting. The application will be re-advertised, but it will not be necessary to mail notices to surrounding neighbors.

Mr. Lionetti moved to continue the application of Anthropologie to October 7, 2010. Mr. Wall seconded and the motion passed 3-0.

Application of William and Susan Cunningham

Mr. Wall read the application of William and Susan Cunningham, owners, requesting a variance from section 405(B) of the Joint Municipal Zoning Ordinance of 2006 to permit a driveway extension of 423 square feet resulting in an impervious surface ration of 30.42% impervious surface ratio where the maximum permitted by ordinance is 13% and the maximum permitted by final plan is 30%. The subject property is 539 Taylor Avenue in the R-2 High Density Residential Zoning District, being further known as Tax map parcel #29-22-29.

Mr. Lionetti asked if anyone wished to be party to this application. There was no response.

William and Susan Cunningham were sworn in. Mr. Cunningham explained that he would like to widen his driveway to accommodate his two mini-vans. The area to be paved is already covered in crushed stone.

Mrs. Cunningham presented as Exhibit A-1, a letter of support signed by her neighbors at 532, 535 and 536 Taylor Avenue and a series of photographs to the Board, which were entered as Exhibits A-2 through A-9. She explained that each photograph showed the area from a different perspective, including from the top, bottom and side of the driveway. Exhibit A-2 and A-3 showed the bushes and crushed stone to be removed. Exhibit A-4 shows newly planted grass which had been the location of a large tree surrounded by crushed stone. Exhibits A-8 and A-9 showed a newly installed 55 gallon rain barrel, which should help to control run-off from the additional impervious surface to be added.

Mr. Cunningham noted that the property is already at 26.19% impervious surface, so the requested increase is very small.

Mr. Lionetti asked about the age of the house.

Mr. Cunningham said the house was built in 1979.

Mr. Boyle said that the property has been rezoned at R-2, but the development has a permitted maximum impervious surface of 30% per lot.

Mr. Wind asked why the applicant wants to pave the driveway and he asked Mr. Auchinleck and Mr. Boyle whether the existing crushed stone is considered impervious.

Mr. Cunningham said that he has very small children; he would like the driveway to be more stable around the cars.

Mr. Auchinleck said that our ordinance interprets crushed stone as impervious, however this is not the question before the Zoning Hearing Board this evening.

Mr. Boyle said that the property was posted on June 23, 2010.

Mr. Wall moved to grant a variance from section 405(B) of the Joint Municipal Zoning Ordinance of 2006 to permit a driveway extension of 423 square feet resulting in an impervious surface ration of 30.42% impervious surface ratio where the maximum permitted by ordinance is 13% and the maximum permitted by final plan is 30%. Mr. Wind seconded and the motion passed 3-0.

Application of West 85 th (Baylinks Golf)

Mr. Wall read into the record the application of West 85 th LLC (Baylinks Golf), lessee, Cameron C. Troilo and Olga Jean Troilo, owners, requesting a variance from section 803(C-6)(1) of the Joint Municipal Zoning Ordinance of 2006 to permit an indoor golf facility (C-6 Athletic Use) in a multi-tenant building on a 3.2 acre parcel of property where a minimum lot size of 5 acres is required. The subject property is 8 Pheasant Run Suite 10A in the L-I Light Industrial Zoning District, being further known as Tax map parcel #29-10-146.

Mr. Lionetti noted for the record that only the applicants were in the meeting room at this point.

C.T. Troilo, property owner and Robert Murray, President and Counsel for West 85 th, were sworn in.

Mr. Murray explained that the ordinance requires 5 acres for use C-6, athletic facility. Baylinks Golf is an indoor electronic golf facility which will occupy 3600 square feet of the building at 8 Pheasant Run. Each high definition golf simulator is contained in a bay 11 feet wide, 15 feet high and 20 feet deep. A bar with stools is at the end of each bay so that golfers can watch each other. The facility will 16 championship courses as well as some composite par 2 and par 3 holes for instruction and analysis.

Mr. Murray said that the requirement of 5 acres is a hardship for this type of facility.

Mr. Troilo presented the plans for the building, noting the location of Baylinks Golf.

Mr. Wind asked how long each player would spend at the game.

Mr. Murray said a player would play one hour, that is one hour per player per team. A foursome would stay for four hours.

Mr. Lionetti asked if this is a franchised business.

Mr. Murray said that the simulators are manufactured by Interactive Sports Technology, which uses camera based technology. It is not a franchise.

Mr. Wind asked about the cost to use the facility.

Mr. Murray said that is to be determined. Pricing would depend on the number in the party and the length of time used.

In response to questions from the Board, Mr. Murray said that he has applied for a C-6 use because it seems to fit most closely with the ordinance, which addresses other sports such as tennis and racquetball. This activity requires far less floor space. The hours of operation are to be determined, but would attempt to accommodate users before and after the business day. There would be two employees on the premises at any time. A maximum number of users would probably be 16. There will be restrooms, but no showers.

The Board briefly discussed whether the proposed use is an athletic facility or an entertainment arcade.

Mr. Murray explained that the activity simulates golf using golf clubs and balls. There are different surfaces to simulate tee shots, roughs, etc. Cameras rather than computer graphics are used to calculate shots. It is a very different experience than video or Wii games.

Mr. Boyle said that the property was posted on June 23, 2010.

Mr. Wall moved to grant a variance from section 803(C-6)(1) of the Joint Municipal Zoning Ordinance of 2006 to permit an indoor golf facility (C-6 Athletic Use) in a multi-tenant building on a 3.2 acre parcel of property where a minimum lot size of 5 acres is required. Mr. Wind seconded and the motion passed 3-0.

Mr. Lionetti moved to adjourn at 8:20 PM. Mr. Wind seconded and the motion passed 3-0.

Respectfully Submitted:

 

Mary Donaldson, Recording Secretary