Township of Upper Freehold

TOWNSHIP OF UPPER FREEHOLD ZONING BOARD OF ADJUSTMENT MEETING MINUTES, April 21, 2014

Meeting called to order at 7:00 p.m. and Meeting convened.

ROLL CALL: Present: James Waskovich, Ken Horner, Anthony Garaguso, Doug Totten, Gary Rasor, Matt Picaro and Alfred Mottola. Absent: Tosh Desai and Roger Gravatt. Also in attendance: Susan H. Babbitt, Secretary/Zoning Administrator, Glenn Gerken, Engineer and Michael Steib, Attorney.

Mrs. Babbitt read compliance statement. Motion was offered by Mr. Horner, seconded by Mr. Mottola to approve the March minutes and motion carried.

Application Z14-1, Anthony Arroyo, Block 24, lot 9.13 was presented for adoption of Resolution for bulk variance approval. This was offered for adoption by Doug Totten and seconded by Mr. Rasor and roll call vote showed unanimous approval.

Paul and Kathleen Talian, Z14-2, Block 14, Lot 6, 696 Route 524, was presented for Use Variance approval. Mr. Steib indicated that the board had jurisdiction to proceed; however, one receipt is missing for L.S. Johnson and this will be made as a condition of approval (if granted). Mr. Talian testified that he sent notice to this individual, but it was never signed for--he will provide the missing receipt. Mr. Steib recited all the exhibits and then Paul and Kathleen Talian were sworn in.

Mr. Talian stated that they have a small farm stand and are simply trying to sell vegetables, mostly ones that they grow, otherwise they buy from local farmer and re-sell. Also, they would like to sell firewood, fall plants and Christmas Trees. They did not know they were breaking any rules when they received a letter from our Zoning Officer stating they needed to get a use variance in order to operate this farm stand. He agreed to make his parking area 4' wider, pursuant to Mr. Gerken's report of March 31, 2014. They stated that they now rely on this farm stand to supplement this income and that it helps to pay the bills. he stated that a landscaper drops off the wood and he splits it and then sells it. Also, he would like to sell a small number of Christmas trees. He has a lot size of approximately .75 acres so this is not a qualified farm, hence the reason for the use variance application.

Board members questioned the location of his property and noted that this is at a rough intersection and could be dangerous for people pulling in and out of this farm stand. Also, they queried the Talians as to what months they would be open for business and they finally settled on March 1st Through Christmas for any plants or vegetables and all year round for firewood. They would only operate during daylight hours (9 a.m. to dusk). There is no other access to this stand except Route 524. Board members discussed their concern that a site plan be required, if this use variance approved, as the dimensions are not very clear on the hand-drawn plan that was submitted and some board members are uneasy acting on a sketch. Mr. Gerken indicated that although a site plan would be required, waivers could be asked for on certain items that would not be needed.

Mr. Gerken's 3/31/14 report continued to be reviewed and Mr. Talian stated he would comply with it. It was also noted that Monmouth County Planning Board approval is required as this is on a County Road. Also, the intersection in question here will eventually be improved by the developers that own the property across the street from the Talians and this was explained to board members.

Mr. Steib explained that the applicant has to meet the positive and negative criteria and state special reasons why this should be approved and how the property lends itself to this use. The board also has to weigh the impact and character of this area for this use.

The Talians stated that the character of the town is rural and that is what they are promoting, they have their own gardens and do not use pesticides and they have built up a customer base. They do not feel it will be a detriment to the zone plan.

Jim Waskovich opened the meeting to the public: (all speakers were sworn in)

Joan Nalbone, 33 Imlaystown-Hightstown Road (her property adjoins his on one side). She stated she has no problem with anyone trying to make money but she stated that awhile back his patrons were parking on her property. Also, she questioned traffic safety on Route 524.

Frank Pannick-Upper Freehold Resident, is concerned with the speed limit on the road and the distance to the intersection and stated it is very dangerous. He also stated that Mr. Talian should clean up the wood piles which are all over the grounds and that they will attract rodents. Public Hearing was closed. No further comments, questions.

Mr. Talian stated there was a problem in the beginning with people parking on Mrs. Nalbone's property but he corrected that a long time ago. Also, he stated that he will clean up his wood pile.

Board members discussed their concerns including signage (any signage would be part of site plan approval) and traffic and safety concerns.

After continued board discussion, the motion was then offered by Mr. Mottola, seconded by Mr. Rasor to grant this use variance pursuant to all testimony provided tonight and subject to site plan approval. Roll call vote:

Yes: 5 Ayes (Mr. Horner, Mr. Rasor, Mr. Totten, Mr. Garaguso and Mr. Mottola)

No: Mr. Waskovich and Mr. Picaro.

Motion carried.

Motion was then made, seconded and unanimously approved to adjourn this meeting.

Susan Babbitt, Secretary

Susan H. Babbitt, Secretary/Administrator