Township of Pequannock

Township of Pequannock Board of Adjustment

Regular Meeting

August 7, 2008

Meeting Convened: 7:38 PM

Members Present: Aikey, Dolengo, Herforth, Imfeld, Hebert Way, Finley. Also present, Anthony Wahl, Board Attorney and Susan Glickstein, Consulting Planner

Members Absent: Bruno

Notice: The Chairman stated that the Sunshine Law had been complied with by posting the notice of the date, time and proposed agenda on the bulletin board of the Municipal Building on August 4, 2008 and sending it to six area newspapers including the Suburban Trends on August 4, 2008.

Minutes: July 3, 2008 - Regular Motion by Aikey, second by Dolengo to approve the minutes as submitted. All in favor. Motion Carried.

Alternate #1, Mr. Finley will represent the Board as a full voting member.

Public Hearing:

Pompton Valley Professional Center, 7 Industrial Road, Block 4601, Lot 7 Use Variance

Donald G. Matthews, Esquire of Galante & Matthews represented the applicant, Finesse, LLC. Mr. Matthews explained that the applicant is proposing a spa type use not listed as a permitted use in the Industrial 1 Zone. Board of Adjustment Page 2 August 7, 2008

7:42 PM Mr. Robert DeGeorge, 76 Hopper Avenue, Pompton Plains, sworn.

Mr. DeGeorge stated that he is the owner of 7 Industrial Road which site received approval from the Planning Board for a 15,600 square foot building in the flood zone. Mr. DeGeorge stated the tenant will occupy a 1,080 square foot space on the second floor. Mr. DeGeorge stated the tenant proposes to utilize six rooms which will consist of a reception area, business office, three treatment rooms and a bathroom. Mr. DeGeorge also stated that at this time there are two other tenants occupying the building, Cobalt Medical and a gastric bypass doctor.

Mr. DeGeorge stated a freestanding sign will be applied for with the Planning Board in the near future and at this time there is a directory in the building and signage on the doors to the present offices.

Mr. Herforth inquired as to what Cobolt Medical does. Mr. DeGeorge stated that Cobolt Medical is a medical supply sales office and showroom. Susan Glickstein, Consulting Board Planner, asked Mr. DeGeorge what he envisioned for the remainder of the building. Mr. DeGeorge stated there was interest by a number of mixed uses such as internet sales office, telephone companies and medical people.

Mr. Hebert asked Mr. DeGeorge how they control access to the building after hours. Mr. DeGeorge stated there would be an electrical timer, an intercom system and cameras in the parking lot. Mr. Hebert asked where the results of the cameras would go. Mr. DeGeorge stated that each tenant would be able to monitor on their computer who was entering the building.

7:57 PM Ava Velez, 4110 Kennedy Boulevard, Jersey City, sworn.

Ms. Velez stated she and Jennifer McHale were partners in Finesse, LLC. Ms. Velez stated that she and her partner have been working in the field of body wrap for one year and received their certification in 2007. Ms. Velez stated that the State of New Jersey did not require a license to perform body wrap therapy. Mr. Matthews asked the applicant if they planned on providing other services other than body wraps. Ms. Velez stated that if they were to have anyone do facials or massage therapy they would have to hire people with licenses and they didn’t plan on doing that. The applicant stated they are only going to provide body wrap therapy.

Ms. Velez stated that she would see clients by appointment only. They plan on having six people in the office including herself, her partner and a receptionist. Ms. Glickstein asked what percentage of clients were men compared to women. Ms. Velez stated 85 % of her clients are women. Mr. Hebert asked if they intended to hire men to work on men. Board of Adjustment Page 3 August 7, 1008

Ms. Velez stated that in the future they would like to hire men because some people feel more comfortable with either a man or woman. Mr. Way asked how many treatments would a client need in order to get the desired effect of losing inches. Ms. Velez stated that if you wanted to see a change you would need to come once every two to three weeks for treatment.

Mr. Imfeld asked the applicant if she considered her business a day spa. Ms. Velez stated she does not consider her business a day spa because they will be doing body wrap therapy only and will not offer things such as massage, facials, manicures and pedicures.

Ms. Glickstein asked the applicant how many employees she envisioned having and how many would be on staff during their busiest time. Ms. Velez stated they are hoping to hire six people, considering the fact there are three rooms there would be three attendants. Mr. Herforth asked Ms.Velez how many clients she anticipate having. Ms. Velez stated they would like between 10 to 12 clients a day Monday through Saturday. Ms. Glickstein asked what the busiest hours of the day would be. Ms. Velez stated lunch hour and after 5 PM, Friday and Saturday being the busiest days of the week.

Ms. Glickstein asked the applicant if the other uses in the building would be compatible to her operation. Ms. Velez stated that because there is a gastric bypass doctor within the building her therapy may be helpful to those clients.

8:44 PM Mark Palus, Professional Engineer and Planner, 170 Kinnelon Road, Kinnelon, sworn.

Mr. Palus stated the site was developed as approved by the Planning Board and is ready to be fitted for tenants. Mr. Palus felt the use proposed would have a minimal impact on the site. Mr. Palus stated that the proposed use was a relatively new market, which in his opinion would be suitable to the site.

Mr. Imfeld asked Mr. Palus if in his opinion the township ordinances excluded the proposed use from an office classification. Mr. Palus stated the use is very similar to a chiropractor use or a service industry or office use. Mr. Herforth asked if the proposed use could have a negative impact on the other permitted uses in the building. Mr. Palus stated the client will have a low intensity use and will not be disruptive to the other tenants in the building.

Mr. Way referred to Ms. Banyra’s report and whether the use relates to office. Mr. Palus stated the use was very similar to a professional office, in particular a medical office. Mr. Matthews stated that the township’s ordinance does not specifically define office. Mr. Matthews asked the Board to interpret whether the use was an office use, therefore negating the use variance. Board of Adjustment Page 4 August 7, 2008

There was much discussion between the Board as to whether the application fell under office use, interpretation or use variance.

Motion to open the meeting to the public. All in favor. Motion Carried.

No one came forward from the public.

Motion to close the meeting to the public. All in favor. Motion Carried.

MOTION by Way, second by Imfeld to interpret the application as an office based on testimony given at the time of the hearing. Yes votes from Aikey, Dolengo, Herforth, Imfeld, Way, Finley and Hebert. All in favor. Motion Carried.

Administrative:

Mr. Wahl informed the Board that Mr. Dixon submitted a stipulation of dismissal to the court, which in turn began the 45 day appeal time to begin for Amaral, Block 902, Lot 24.

Mr. Wahl also stated that Mr. Oostdyk, Township Attorney, Ms. Hartmann, Township Zoning Officer and Mr. Dixon, Attorney for Amaral will be meeting to discuss clean up of the site.

There being no further business, motion by Dolengo, second by Aikey to adjourn the meeting at 9:48PM. All in favor. Motion Carried.

Respectfully submitted,

Linda Zacharenko Recording Secretary