NEWTOWN TOWNSHIP

ZONING HEARING BOARD

MINUTES OF THE MEETING OF MARCH 6, 2014

The Newtown Township Zoning Hearing Board met on Thursday, March 6, 2014 in the Township meeting room. In attendance and voting were Chairman Brandon Wind, Vice Chairman Timothy Potero, Secretary Michael Iapalucci and member Shawn Ward. Also in attendance were James J. Auchinleck, Jr., Solicitor, Martin Vogt, Code Enforcement Officer and Justine Gregor, Stenographer.

Call to Order: Mr. Wind called the meeting to order at 7:30 PM.

Approval of Minutes: Mr. Iapalucci moved to approve the minutes of February 6, 2014. Mr. Potero seconded and the motion passed 3-0-1, with Mr. Ward abstaining.

The agenda was reviewed:

Continued Application of Donald and Denise Queeny, 1 South Sycamore Street

Application of Cheryl and Scott Young, 5 Kuhars Way

Application of Mahesh and Rupa Patel, 3 Windrow Lane

Application of KVK Tech, LLP, 110 Terry Drive

Application of Scott MacElroy,/Ten Smiles, LLC, 46 blacksmith Road

Continued Application of Donald and Denise Queeny

Mr. Auchinleck informed the Board that the applicant’s attorney has written asking that this application be continued to the May meeting.

Mr. Potero moved to continue the application of Donald and Denise Queeny to May 1, 2014. Mr. Iapalucci seconded and the motion passed 4-0.

Application of Univest Bank

Mr. Auchinleck said that he has just learned from Attorney Ed Murphy that a court order will be issued tomorrow remanding Univest Bank’s application to the Zoning Hearing Board. This will be the only application on the April agenda.

Application of Cheryl and Scott Young

Mr. Iapalucci read into the record the application of Cheryl and Scott Young requesting variances from 404(B) of the Joint Municipal Zoning Ordinance of 2007 to permit a 10 foot by 10 foot storage shed resulting in an impervious surface ratio of 12.42% where 12% is permitted. The subject property 5 Kuhars Way, Newtown, in the R-1 Medium Density Residential Zoning District, being further known as Tax Map Parcel # 29-4-260.

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

Cheryl Young was sworn in. Mrs. Young pointed out that the advertisement contained a typo in the size of her shed. It will measure 10 feet by 18 feet. The impervious surface ratio is correct as advertised.

Mr. Wind asked why zoning relief is needed for a de minimis increase in impervious.

Mr. Vogt said that the development has already been granted a variance, so further increases require zoning relief.

Mr. Ward moved to grant a variance from 404(B) of the Joint Municipal Zoning Ordinance of 2007 to permit a 10 foot by 18 foot storage shed resulting in an impervious surface ratio of 12.42% where 12% is permitted, de minimis relief. Mr. Potero seconded and the motion passed 4-0.

Application of Mahesh and Rupa Patel

Mr. Iapalucci read into the record the application of Mahesh H. Patel and Rupa Patel, requesting a variance from the Joint Municipal Zoning Ordinance of 2007 as affected by the Norwalk final plan to permit construction of an 832 square foot addition resulting in 22.1% impervious surface ratio where 15% is permitted (18.43% by previous variance). The subject property is 3 Windrow Lane, Newtown, in the O-R Office Research Zoning District, being further known as Tax Map Parcel #29-16-11-13.

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

Heath Dumack of Dumack Engineering was sworn in. Mr. Dumack explained that the Patels are traveling in India and have authorized him to appear on their behalf. He explained that the Patel property backs to open space. The Patels have lived in their home since 1987 and wish to age in place by adding an 832 square foot master bedroom suite to the first floor of their home. The addition will partially cover an existing paver patio. There have been previous variances granted for this property, so this application is only a 1% increase in impervious. It was noted by the Codes Department that an existing shed, garden and fence are located beyond the property lines, inside of the open space belonging to the homeowners association. The Planning Commission recommended that these be moved to within the proper setbacks and that stormwater management be addressed with the increase in impervious.

Mr. Iapalucci asked whether the Township Engineer will review the fully engineered plans for stormwater issues.

Mr. Dumack said that if relief is granted he would submit full plans for the Township Engineer’s review. The applicant will relocate the shed and fence.

Mr. Vogt said that permits will be required when the shed and fence are relocated. The setbacks will be confirmed at that time.

Mr. Iapalucci moved to grant a variance from the Joint Municipal Zoning Ordinance of 2007 as affected by the Norwalk final plan to permit construction of an 832 square foot addition resulting in 22.1% impervious surface ratio where 15% is permitted (18.43% by previous variance) subject to the condition that the existing shed and fence, now in open space, be relocated to the applicant’s property and inspected by the Township Code Enforcement office. Mr. Ward seconded and the motion passed 4-0.

Application of KVK Tech, LLP

KVK Tech / 110 Terry Drive LP requesting variances from sections 702(B), 803(G-1)&(G-2), 1001(F)(4)&(6)(a), and 1002(I) to permit three building additions resulting in a 51.68 front yard setback and a 59.85 rear yard setback where 75 feet is required, an impervious surface ratio of 70.2% where 65% is required, 138 parking spaces where 260 are required, parking in the front yard setback, parking in the right of way, and 3 loading berths where 7 are required. The subject property is 110 Terry Drive, Newtown, in the L-I Light Industrial Zoning District, being further known as Tax Map Parcel # 29-10-70.

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

Attorney Ed Murphy represented the applicant.

Frank Ripp, Jr. and Heath Dumack were sworn in.

Mr. Murphy explained that KVK Tech is planning three expansions to its 41,300 square foot existing building. He entered as Exhibit A-1 the plan attached to the application.

Mr. Ripp, CFO of KVK Tech and on its Board of Directors since its founding in 2003, said that the company plans to expand its manufacturing facility inside the existing building, moving its corporate offices to the additions. He pointed out that phase one of the expansion will be an 11,000 square foot, two story secure vault for storage of controlled substances. This vault must meet both the State and Federal security standards set by the DEA and FDA. A two-story 14,000 square foot building addition is planned for quality control and research and development as well as management offices and employee cafeteria. Quality assurance will be housed in a two-story 4,375 square foot addition. The original facility’s manufacturing and packaging will be expanded.

Mr. Ripp said that all of the planned additions and changes are for a more efficient work flow; no new employees will be added. He reminded the Board that KVK has also been expanding its manufacturing at 114 Pheasant Run.

Mr. Dumack reviewed the needed variances, which include a variance to reduce the setback on Blacksmith Road, rear yard setback encroachment at the vault site for a small portion of the new building and increased impervious surface from 65 to 70.2%. This will include stormwater management measures including an underground retention basin. Parking relief will also be needed. The applicant proposes to provide 138 spaces where 260 spaces would be required based on the size of the buildings. Some new spaces will be added, but most of them are not used. In response to Mr. Wind’s question, Mr. Dumack said that the circular driveway will be realigned.

Mr. Ripp said that he has 90 employees at this address and very few visitors. There is no retail business at the site. The plan will have some parking in the front yard. During land development he would like the Supervisors to consider allowing some of the front yard parking spaces to be kept in green unless or until needed.

Mr. Auchinleck asked whether the impervious calculation includes spaces to be held in green.

Mr. Dumack confirmed that the impervious calculation includes all 138 parking spaces.

Mr. Murphy noted that some steep slopes might be disturbed, but these are all man-made slopes created as landscaping in the 1980’s.

Mr. Murphy said that relief is also requested to provide three loading berths where seven would be required. Three are adequate to handle all deliveries.

Mr. Wind asked if any of the governing agencies have specific loading berth requirements.

Mr. Ripp said that the berths have no specific requirements; the facility itself must meet DEA standards.

Mr. Iapalucci asked what building materials are to be used on the additions.

Mr. Dumack said that the architect will create an appearance similar to the existing building.

Mr. Auchinleck asked whether deed restrictions from the original “industrial commons” were still in effect.

Mr. Dumack did not know.

Mr. Wind asked about stormwater management.

Mr. Dumack said that much of the new construction will be on already paved areas. A small surface basin will be built underground below the new parking spaces to accommodate run-off for any impervious above 65%.

Mr. Iapalucci asked whether all of the required parking could be installed. He was concerned that future tenants would not have adequate parking.

Mr. Dumack said that with the additions the site will be built out.

Mr. Murphy suggested that the applicant would accept limiting the parking variance to manufacturing uses.

Mr. Wind asked if this would be the only business in the Commons with front yard parking.

Mr. Dumack said that the post office, Teletronics and 104 Pheasant Run all have front yard parking. He believed there are other, smaller facilities with front yard parking as well.

Mr. Iapalucci moved to grant variances from sections 702(B), 803(G-1)&(G-2), 1001(F)(4)&(6)(a), and 1002(I) to permit three building additions resulting in a 51.68 front yard setback and a 59.85 rear yard setback where 75 feet is required, an impervious surface ratio of 70.2% where 65% is required, 138 parking spaces where 260 are required, parking in the front yard setback, parking in the right of way, and 3 loading berths where 7 are required, subject to the condition that parking relief is limited to the current uses and dimensional variances are limited to the plan as shown in Exhibit A-1.

Mr. Potero seconded and the motion passed 4-0.

Application of Scott MacElroy/Ten Smiles LLC

Mr. Iapalucci read into the record the application of Scott MacElroy/Ten Smiles LLC requesting variances from sections 1000(E)(4) and 1002(I) of the Joint Municipal Zoning Ordinance of 2007 to permit exterior renovations including patio, garden shed and bar, fence, stone wall, fountain and walkways with accessory structures in the side yard setback where they are not permitted and to permit there to be no loading berths where 2 are required for a medical office building. The subject property is 46 Blacksmith Road, Newtown, in the L-I Light Industrial Zoning District, being further known as Tax Map Parcel # 29-10-39-OC2.

Attorney Steve Pastor represented the applicant. He noted that the request for variances for an outdoor storage shed has been withdrawn.

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

Engineer Kristin Holmes, Office Manager Lisa Maisonet and Scott MacElroy were sworn in.

Ms. Maisonet entered as Exhibit A-1 a PowerPoint presentation on family and preventive dentistry. She explained that recent research shows that starting dental care with very young children helps to promote lifelong dental health. Newtown Dentistry for Kids/Ten Smiles, would like to expand its practice to family dentistry, to provide all dental care in one setting. The goal is to establish a very warm and friendly “dental home” to make young patients feel relaxed and happy when visiting the dentist.

Ms. Holmes, engineer on the project, explained that the renovations at 46 Blacksmith Road will require relief to permit structures in the front yard and side yard setback relief as well as relief to eliminate two loading berths. She explained that the applicant is no longer planning an outdoor storage shed, but the relief is needed for a front yard patio area. This patio will be accessible only by a door from the indoor waiting room and it will be fenced. It will have a landscaped walkway, tables and chairs. The loading berths are not needed for a dental practice, as all deliveries are by box trucks.

Mr. Pastor said that the Township Planning Commission had suggested limiting the loading berth relief to medical uses. This would be acceptable to the applicant.

Mr. Wind asked where deliveries will be made.

Ms. Holmes pointed out the side door for employee entrance and deliveries and the main entrance. The delivery entrance will be marked.

Ms. Holmes noted the irregular shape of the lot, which makes it necessary to encroach into the front yard for the patio. This is the only possible location because of the lot shape.

Mr. Vogt noted that although the relief for the shed has been withdrawn, a variance is still needed for the fence, which is considered a structure.

Mr. Pastor noted that the NAC has closed its Blacksmith Road entrance so there is very little traffic near this building.

Ms. Holmes said that landscaping will be placed around the fence to shield it from the street. She also noted that by removing the loading berths, impervious surface is decreased.

The members discussed the paved pathway from the parking area to the employee entrance.

Mr. MacElroy said that this path is for employees but is also used for oral surgery patients to exit.

Mr. Pastor said that a portion of paving could be eliminated at the south west corner but the other paths are needed to keep foot traffic away from the parking lot and to allow employees and oral surgery patients’ access to the rear door. The plans must also comply with fire codes for a second egress point.

Mr. Auchinleck asked about surrounding businesses.

Mr. MacElroy said that there is a dialysis facility next door and then a stormwater basin and KVK Tech.

Mr. MacElroy entered the amended plan as Exhibit A-2.

Mr. Ward moved to grant variances from sections 1000(E)(4) and 1002(I) of the Joint Municipal Zoning Ordinance of 2007 to permit exterior renovations including patio, fence, stone wall, fountain and walkways with accessory structures in the side yard setback where they are not permitted and to permit there to be no loading berths where 2 are required for a medical office building subject to the condition that a 4 foot walkway on the southwest corner is eliminated, that loading berth relief is limited to medical uses only and that the front yard relief must comply with plans as shown in Exhibit A-2 and that this final plan be submitted to the Township. Mr. Potero seconded and the motion passed 4-0.

Mr. Potero moved to adjourn at 9:20 PM. Mr. Iapalucci seconded and the motion passed 4-0.


Respectfully Submitted:

 

Mary Donaldson, Recording Secretary