June 16th Update:
Legal Notices
PUBLIC NOTICE OF HEARING EWING TOWNSHIP ZONING BOARD OF ADJUSTMENT - LIFETIES, INC. Please take notice that the undersigned has filed an amended application with the Ewing Township Zoning Board of Adjustment requesting two variances pursuant to N.J.S.A. 40:55D-70d-1, a possible variance pursuant to N.J.S.A. 40:55D-70d-2, a possible variance pursuant to N.J.S.A. 40:55D-70d-6, as many as six possible variances pursuant to N.J.S.A. 40:55D-70c, at least two design waivers and at least one submission waiver in connection with additional development proposed on the premises located at 2205 Pennington Road and designated on the Ewing Township Tax Map as Lot 2, Section 225.
The applicant, Lifeties, Inc., already operates a 12 person group home (Triad House) in the existing dwelling on the premises and maintains the administrative offices of Lifeties, Inc., in a smaller building located to the rear of the dwelling. These uses were the subject of two previous use variances, granted in the 1980's and in 1995, respectively. The applicant now proposes to enlarge the smaller building to accommodate a total of fifteen (15) new dwelling units and rooms in a residential congregate living facility ("supportive shared living housing" per COAH's proposed Rules) to be added to the property. The supportive shared living housing that is proposed to be developed will provide affordable housing for pre-screened young adults during their transition from dependence to independence as well as independent living training and transportation linkages to employment and higher education as part of an integrated package of support services to be provided by the applicant. The proposed expansion of the smaller building will result in that building clearly becoming a second principal building on the property. Neither the proposed use of the expanded building for supportive shared living housing nor the two principal buildings on one lot are permitted within the R-1 zone in which the property in question is located, hence the need for the two "d-1" variances, one for the proposed use, which is not permitted, and the second for the second principal building on the premises, which is also not permitted.
To the extent that the expansion is considered to be an expansion of a non-conforming use, the applicant also seeks a variance pursuant to N.J.S.A. 40:55D-70d-2 (a "d-2" variance) for the expansion of an existing non-conforming use. The applicant also seeks Preliminary and Final Site Plan Approval with respect to the expanded building and all attendant site improvements.
In connection with the additional development proposed for the site, the applicant seeks a variance pursuant to N.J.S.A. 40:55D-70c from the maximum lot coverage limit in the R-1 zone, which is 27%. The proposed lot coverage will be 29.1%.
The applicant seeks a variance pursuant to N.J.S.A. 40:55D-70c from Section 15-45(b) of the Township's Land Development Ordinance that requires sidewalks along the street frontage of the subject property. No sidewalks are proposed along the frontage of the property.
The applicant seeks a variance pursuant to N.J.S.A. 40:55D-70c from Section 15-44.9 of the Township's Land Development Ordinance, which requires that no building or structure be located closer than 10 feet to a storm drain, water, sanitary sewer, gas or electrical easement or right-of-way. The new trash enclosure is proposed within 6.5 feet of an underground storm drain. The subject property is nearly triangular in shape. At its shallowest point the lot is only 69.32 feet deep, although measured in accordance with the definition of lot depth in the Land Development Ordinance, its depth is approximately 230 feet. The required lot depth for the R-1 zone is 125 feet, which is readily met based upon the definition of lot depth in the Ordinance. If the lot is determined to require a variance based on the lot depth of the narrowest area of the property, then same is requested pursuant to N.J.S.A. 40:55D-70c.
The existing dwelling housing Triad House was constructed during the first quarter of the last century. As such, it undoubtedly predates zoning in Ewing Township. In any case, the existing dwelling exceeds the 35 foot, 2.5 story height limit in the R-1 zone. This is an existing condition, one which was encompassed in the previous variance application. If a variance is nevertheless determined to be needed for the overall height of the existing building at this time, same is requested pursuant to N.J.S.A. 40:55D-70d-6. Similarly, if a variance is determined to be needed for the number of stories in the existing building, same is requested pursuant to N.J.S.A. 40:55D-70c.
The existing smaller building housing the administrative offices of Lifeties, Inc., is located 37.82 feet from the rear lot line of the subject property, and a rear yard of 40 feet is required in the R-1 zone. The rear yard setback deviation is an existing condition. The proposed addition will be constructed so as to meet the 40 foot setback requirement. If a variance is determined to be needed for the rear yard setback of the existing building, same is requested pursuant to N.J.S.A. 40:55D-70c.
The applicant seeks two design waivers, one for the sizes of the parking stalls, which are proposed to measure 9' by 18' instead of 9' by 20' as required at Section 15-36.3(b) of Ewing's Land Development Ordinance, and one for sidewalks to be located flush with the parking lot instead of 6" above the grade of the parking lot as required at Section 15-55.1(a)[5] of the Ordinance.
Additionally, the applicant seeks a submission waiver from the requirement to provide an Environmental Impact Statement. The applicant also requests any additional variances and waivers from those sections of Ewing Township's Land Development Ordinance as may be necessitated by the vagaries of the application during the course of the public hearing before the Zoning Board of Adjustment. Any persons affected by this application will be given an opportunity to be heard on the matter at the public hearing for which a special meeting of the Ewing Township Zoning Board of Adjustment has been scheduled on April 9, 2008, commencing at 7:00 P.M., in the second floor meeting room at the Ewing Township Municipal Building, 2 Jake Garzio Drive, Ewing, New Jersey 08618. On this occasion, you may either appear in person or by agent or attorney to ask questions of the applicant's witnesses and to make statements in support of or in opposition to the approval of this application. The application, maps and other supporting documentation for which approval is sought are available for public inspection at the Zoning Board of Adjustment office in the Ewing Township Municipal Building where you may review them during regular business hours. ROBERT N. RIDOLFI, LLC By: ________________________ Robert N. Ridolfi, Esquire Attorney for Applicant, Lifeties, Inc. Date: March 25, 2008 Fee $80.00 3/27 Times
Published in The Times of Trenton on 03/27