A RESOLUTION SPR 2017-01 OF THE PLANNING BOARD OF THE BOROUGH OF HADDONFIELD GRANTING MINOR SITE PLAN APPROVAL WITH BULK VARIANCES, WAIVERS AND CONDITIONS TO NEW LIFE DEVELOPMENTS, LLC FOR THE PREMISES 134-136 N. HADDON AVENUE, HADDONFIELD, NJ APPLICATION #: SPR 2017-01 NAME OF APPLICANT: OWNER OF PROPERTY: PROPERTY ADDRESS: New Life Developments, LLC New Life Developments, LLC 134-136 N. Haddon Avenue Block 130, Lot 4 on the Tax Map DATE OF HEARING: March 7, 2017 BOARD MEMBERS PRESENT AND VOTING: ALSO PRESENT:, Chairman Donald S. Ryan, HPB Solicitor Stephanie Heim, HPB Secretary Todd Day, Borough Engineer Paul Schmeck, HPC Representative Lisa Soderberg, HPC Consultant SUBJECT The Board considered the application of New Life Developments, LLC, which is the contract purchaser of the premises 134-136 N. Haddon Avenue, also designated as Block 130, Lot 2 on the Haddonfield Tax Map. The applicant seeks minor site plan approval, bulk variances and waivers (exceptions) to renovate the two store fronts along Haddon Avenue and to convert them into a professional office and to construct a two story addition above the store fronts and to construct a small addition to the existing attached house for residential living space. In accordance with the Haddonfield Land Development Ordinance and the Municipal Land Use Law, the applicant requires minor site plan approval, bulk variances and waivers (exceptions) to the design requirements. 1
The property is located in both the D2 and D3 Downtown (General Urban) Zoning Districts. The applicant was represented by Damien DelDuca, Esquire. The following individuals appeared, were sworn and testified in support of the application: 1. Amy James, an orthodontist who is the owner of New Life Developments, LLC. 2. Thomas B. Wagner, AIA, Licensed Architect. 3. David P. Kreck, PE, CME and Planner of the Pettit Group Todd Day, the Planning Board Engineer, was also sworn and testified with respect to the application. Jane Berkowitz and Scott McElhon, were sworn and testified on behalf of the Haddonfield Shade Tree Commission. The following exhibits were included as part of the record: A-1 Minor Site Plan consisted of 4 sheets prepared by David P. Kreck, PE dated 1/24/17 A-2 Aerial photograph of the subject premises A-3 Haddon Avenue Site Plan A-4 Architectural Plans prepared by Thomas B. Wagner, Architect consisting of 8 sheets A-5 Stormwater Management Report prepared by David Kreck, dated 1/25/17, revised 2/17 PB-1 Site Plan Subcommittee Report consisting of 2 pages, undated PB-2 Review Letter of Todd Day consisting of 6 pages, dated 2/28/17 PB-3 Resolution #2017-2 of the Haddonfield Shade Tree Commission consisting of 5 pages dated March 2, 2017 During the public portion of the hearing, the following witnesses appeared and testified: 1. Wayne Poppalardo, one of the owners of the premises at 20 E. Redman Ave. 2. Mary Burke, one of the owners at 20 E. Redman Ave. FINDING OF FACTS AND CONCLUSIONS 1. The Planning Board has jurisdiction to review and act on the application for minor site plan and requests for bulk variances and waivers (exceptions) pursuant to the Haddonfield Land Development Ordinances Chapter 135 and the Municipal Land Use Law N.J.S.A. 40:55D-46, 50 and N.J.S.A. 40:55D-60 and 70(c). 2
2. The applicant is New Life Developments, LLC, whose principal is Amy James, an orthodontist. The property is located at 134-136 N. Haddon Avenue, also designated as Block 130, Lot 2 on the Haddonfield Tax Map. 3. The front portion of subject property is located in the D-2 (Community/Serving Blocks) and the rear portion is located in the D-3 Downtown Zoning District (General Urban). 4. The properties which surround the subject property are: to the north is the Jersey Java Coffee Shop and residential and office uses; to the south an office use; across Haddon Avenue (east) there are various office uses; to the west across Veterans Lane are office uses. 5. The lot is irregularly shaped having frontage on Haddon Avenue of 44.19 feet and a depth of 200 feet. It has frontage on Veterans Lane of 41.20 feet. There is currently constructed on the subject lot a one story building with two store fronts on Haddon Avenue, which are attached to a 2 ½ story Colonial style residential structure to the rear. 6. The applicant proposes to convert the store fronts to a professional office; to construct a second story residential addition over the professional office and to construct a stairwell and deck in the rear structure. 7. The site plan improvements include a parking facility in the rear of the property consisting of eight parking spaces, as well as a proposed rain garden to address the stormwater management. The existing conditions and proposed improvements are depicted on sheet 2 of the minor site plan prepared by David P. Kreck dated 12/27/16, revised 2/8/17. 8. The Planning Board reviewed the application for completeness in accordance with N.J.S.A. 40:55D-10.3 and Sections 135-72 et seq. of the Haddonfield Land Development Ordinance and determined that based upon the recommendations of the Planning Board Engineer, deemed the application complete and granted waivers as requested by the applicant and recommended by the Planning Board Engineer as noted in the Planning Board Engineer s letter dated February 28, 2017. 9. The Planning Board finds that the applicant s proposed use of the office and residential units are in conformance with the permitted principal uses of the D-2 and D-3 Zoning Districts as live work buildings. 10. The Planning Board finds that the applicant requires the following bulk variances in accordance with the Haddonfield Land Development Ordinance: a. a variance to permit a proposed building footprint of 2,448 square feet, where the ordinance allows a maximum of 1,925 square feet under Section 135-38, figure E. b. Maximum side yard setback requirement under Section 135-38where 10 feet maximum is allowed and 11.7 feet is proposed. c. a variance from the glazed area requirement (fenestration) where 54% is proposed and 70% is required under Section 135-38C(4)(b). d. a variance to permit seven parking spaces where eight spaces are required. e. a variance to permit the application to install the HVAC on the roof provided appropriate screening is provided under Section 135-38C(12). 3
11. In addition, the applicant requires the following exceptions from the Design Requirements of the Haddonfield Land Development Ordinance and N.J.S.A. 40:55D-51: a. Section 135-86A to exempt the loading space requirement. b. Section 135-86B(6) to permit the required driveway to be zero feet from the lot line. c. Section 135-attachment 2 to permit a drive isle width of 22 feet where 24 feet is required. d. Section 135-attachment 2 Section 2C to exempt the landscape parking lot requirement for the buffers. 12. In addition, a de minimum exception is required in accordance with Section 135-92D(6)(c)[2] to allow for a negligible increase in the peak rates stormwater runoffs leaving the site for the 2 year and 10 year storm. 13. Amy James, an orthodontist, testified that she has operated an orthodontist practice in the Borough of Haddonfield for many years and that her clientele is anticipated to be largely walk up clientele and not requiring additional parking. The hours of operation would be 8:30 am to 5:00 pm 4 days per week and no weekends. The staff would consist of 3 to 4 onsite individuals during these operation hours. 14. Thomas Wagner, the applicant s architect provided testimony with respect to the design features of the existing building and the proposed renovations. It is noted that although the property is not located in the historic District, the applicant should make some effort to show compatibility with the surrounding development. 15. The applicant s engineer, David P. Kreck testified with respect to the facts supporting the granting of bulk variances and design exceptions, noting that the conditions are in some cases pre-existing non-conforming conditions and that the size of the lot justifies the variances and exceptions which have been requested. 16. David P. Kreck also testified with respect to the stormwater management criteria and concurred that the recommendations of the Planning Board Engineer would be complied with in full. 17. The neighboring property owners that appeared registered concerns of potential water runoff and the appearance of a 2 ½ story building adjoining the 1 story Jersey Java Coffee Shop. 18. Jane Berkowitz of the Shade Tree Commission presented the Shade Tree Commission Report which has been included as part of the record as Resolution #2017-2 and recommended that the shade tree located in front of the property be removed and appropriate compensation be paid by the developer. 19. Based on the recommendations of the Shade Tree Commission and the Planning Board professionals, the applicant agreed to amend the application to seek a variance to permit 7 parking spaces. 20. The Board heard testimony and deliberated the issue of the compatibility of the proposed improvements for the second and third floor as to the compatibility with the surrounding buildings. In Section 135-38B(3) the ordinance notes a requirement for building types that will produce the complex, varied mix of buildings and streetscapes that characterize Downtown Haddonfield and it will be necessary to make a finding as to whether the proposed application does or should be considered as 4
compatible under this Section of the Ordinance. On the motion of, seconded by, the Planning Board voted 6-2 to determine that the proposed architectural features of the improvements were in fact in compliance with Section 135-38B(3). CONCLUSIONS 21. The Planning Board concludes that by reason of the fact that the existing lot is undersized in width and the existing building is non-conforming with respect to building width, maximum footprint size and glazing, there is a hardship to the property warranting the granting of the subject variances requested, in accordance with N.J.S.A. 40:55D-70(c). 22. The Planning Board concludes that the purposes of the Municipal Land Use Law (i.e. appropriate use of land or development) in a manner which will promote the general welfare would be advanced and the benefits substantially outweigh any detriments. Accordingly, the variance for parking is warranted. 23. In addition, the Planning Board concludes that the exceptions (waivers) requested by the applicant are warranted by reason of the fact that the sides of the lot are undersized and that the existing conditions at the property are not substantially increased and therefore literal enforcement would exact undue hardship because of the peculiar conditions pertaining to this lot. 24. The Planning Board concludes that a de minimum exception with respect to the stormwater management requirements is warranted by reason of the minimal impact of the stormwater drainage subject to the conditions which are hereinafter imposed. RESOLUTION On the motion of, seconded by, the Planning Board voted 9-0 to grant a variance to permit seven parking spaces in the rear of the property subject to the condition that the applicant would provide an unrestricted tree as recommended by the Shade Tree Commission in the area where the eighth parking space would have been required. 5
On the motion of, seconded by, the Planning Board voted 8-1 to grant a variance to permit a glazed area of 54% where 70% is permitted under Section 135-38E. On the motion of, seconded by, the Planning Board voted 9-0 to grant a variance to permit a HVAC system on the roof on the condition that if the HVAC is placed on the roof there will be appropriate screening approved by the Planning Board Engineer. On the motion of, seconded by, the Planning Board voted 7-2 to grant preliminary and final site plan approval, variances for building footprint not to exceed 2,732 square feet, maximum side yard on south of 11.7 feet; and exceptions from design requirements set forth above upon the following conditions: The applicant will provide a maintenance plan for stormwater management for the rain garden which will be approved by the Planning Board engineer and solicitor and incorporated in a deed to be recorded in the office of the Clerk of Camden County. The applicant will comply with the recommendations of the Planning Board Engineer with respect to the stormwater management criteria including but not limited to test pit confirmation of infiltration rate. The applicant will appropriately prune the landscape on the south side border. The applicant will not have discharge downspouts in front of the building. Existing drywells will be retained and maintained by the property owner. The applicant will add a restricted tree by the stairwell and comply with the recommendations of the Shade Tree Commission as set forth in its report dated March 2, 6
2017, revised March 7, 2017, other than the STC recommendation regarding pervious pavement. The applicant will remove the shade tree in front of the property and pay the Borough compensation as required by the Borough ordinance and recommendation of the Shade Tree Commission. CERTIFICATION I hereby certify that the foregoing is a true, accurate, and complete copy of the resolution of memorialization adopted by the Planning Board of Haddonfield at its regular monthly meeting on the day of April, 2017, memorializing action taken by the Planning Board on March 7, 2017. Stephanie Heim Secretary 7