Pennington School gets final OKs for building project

PENNINGTON PLANNING UPDATE

By Marianne Hooker
   At its May 14 meeting, the Pennington Planning Board gave final approval to the plans of The Pennington School, which plans to build a new campus center and reconfigure some existing streets and parking lots.
   The school will be installing a sidewalk to complete the missing link along the west side of Burd Street.
   The board also approved a use variance that will permit the Cambridge School to use a limited amount of space at the Straube Center for some of its classes.
   In other business, the board approved variances to allow additions to two residential properties. One of these additions will be used as an in-law apartment.
   The board also addressed some issues of a more general nature. They again reviewed the draft ordinance for changes to the office business zone district, and they discussed the possibility of creating an overlay zone for the former municipal landfill site.
   Pennington School application — The school has agreed to build a sidewalk along its Burd Street border. The resolution of memorialization for this application will not come to a vote until next month’s meeting. However, the school can proceed with its plans. At the meeting, the school’s representatives gave a brief outline of how they will manage traffic and parking during the period of construction. There were no comments on the school’s plans from any members of the public.
   In-law apartment — Robert and Deborah Prewitt, who live at 11 Baldwin St. in the R-100 zone, requested both a hardship variance and a use variance in order to build an addition. The addition is intended to serve as living quarters for Ms. Prewitt’s mother. Also testifying on the applicants’ behalf was design and construction manager Tom Giovannoli. A use variance is needed in this case because the addition would include a small kitchen. In theory, the kitchen could make it possible to convert this space into a separate dwelling unit, which might be used as a rental at some future point.
   Mr. Prewitt said the proposed addition would match the rest of the house in color and materials. They were requesting a front yard setback variance, as they would need to move the garage forward to provide access to the addition. Ms. Prewitt said the addition has been designed so that it can easily be converted to a master suite. The existing building and the addition will have common utilities, sewer, and water supply. The applicants said they would agree to a deed restriction that would prevent the addition from ever being used as a rental unit.
   At the suggestion of Cindy Coppola, the borough’s planner, the board decided to make the use variance a temporary one. It will be valid as long as Ms. Prewitt’s mother resides in the house. The kitchenette must be removed before the house can be put on the market. The board voted 6-1 to approve the Prewitts’ application, with Stewart Schwab casting the sole dissenting vote. No one from the public made any comments on this application.
   Building addition — Patrick and Margaret Walsh, of 197 W. Welling Ave., were proposing to add a covered porch along the side of their house, with a second-story addition over the existing foundation. The present house is non-conforming, as it does not provide the minimum front yard setback required by the zoning ordinance. The proposed side porch would extend this encroachment, and thus necessitate a hardship variance.
   John Flemming, the borough’s zoning officer, said the proposed addition is similar to what can be found on other nearby houses. Borough Engineer Don Fetzer said the property is close to the senior center, which serves as one of the polling places. For this reason, he thought the applicants should provide sidewalk access along the street. Mr. Walsh said they would agree to this suggestion. There were no comments on this application from any members of the public. The board approved the variance by a unanimous vote.
   School classrooms at the Straube Center — Winn Thompson, who stepped down from his usual role as board chairman for the duration of the case, presented the application. Mr. Thompson is manager of Straube Center, located in the office business zone at 114 W. Franklin Ave. Also testifying was Jim Peters, one of the owners of the Cambridge School. This school offers non-traditional approaches for children who do not respond well to the typical classroom setting.
   The school now occupies the building where the Boy Scout headquarters used to be. Mr. Peters said the school has grown quickly and is looking for more space. They would like to use one of the suites in the Straube Center as a site for their art classes, with the idea that small groups of students could travel back and forth by van. For the future, the school was asking permission to expand its classroom space at the center should the need arise. The applicant was requesting a use variance, since the building is not being used as a school at the present.
   Straube Center is a former industrial building now occupied by offices and a day care center. Mr. Thompson said the site has more than enough parking to accommodate any traffic generated by the school. The proposed location of the art classes would be near a circular drop-off area, which would be convenient from the standpoint of circulation. The hours of the classes would be between 9 and 11 a.m., and there would be a maximum of 12 students on the site at any given time.
   Ms. Coppola said schools are considered an inherently beneficial use under the law. Unlike other potential applicants, they do not need to show that a site is uniquely suited to the proposed use in order to obtain a use variance. However, the board must assess the impacts that would result from allowing a school use at this location. If the proposed variance were granted, it might pave the way for other schools seeking to use the site. In this context, Mr. Flemming said he would like to see the criteria for the OB zone expanded to allow training centers for adults.
   There were no comments on this application from any members of the public. The board approved the use variance by a vote of 5-1, with Mr. Schwab casting the only negative vote. The approval is subject to the following conditions:
   • No more than 24 children can be served at any one time.
   • The school may use a maximum of 1500 square feet.
   • There will be access directly to the building from the point where the students are dropped off.
   Further discussion of office building zone — At last month’s meeting, the board forwarded to the Pennington Borough Council an initial draft of an ordinance that would change the criteria for the office building zone. This is considered a transitional zone, since it may adjoin residential areas. Ms. Coppola said the changes would add banks, full service restaurants, and limited types of retail facilities as conditional uses.
   Mr. Thompson again stepped down as chairman during this discussion, leaving Vice Chairman Jeanne Donlon to preside. Speaking on behalf of the Straube Center, he said the proposed limitation on floor area ratio within this zone was overly restrictive. He said the center had received approval to put up a 50,000-square foot building on an adjacent lot. However, under the floor area ratio provisions in the draft ordinance, the amount of space permitted for this building would be reduced to 20,000 square feet.
   Ms. Donlon suggested that this issue be discussed by the subcommittee that worked on the proposed ordinance. During the public comment period, Eugene Lorenzetti said he shared Mr. Thompson’s concerns about the restrictions on floor area ratio. He also questioned the proposed space requirements for drive-through banking facilities. In his view, the ordinance would require a bank to provide space in each lane for more cars than are likely to be waiting at any given time. Mr. Lorenzetti is the contract purchaser of the property adjoining the Straube Center, at the southeast corner of Route 31and West Franklin Avenue.
   Dmitri Stylianou, who owns the property at the southwest corner of this intersection, expressed frustration about the length of time it has taken for the draft ordinance to be developed. It has been two and a half years since Mr. Stylianou first appeared before the board, and six months since work began on the proposed ordinance. He said he was told six months ago that the ordinance would be ready in six months.
   Mr. Stylianou has been seeking permission for further development on his property, part of which is zoned OB, and part of which is zoned residential. There already are a house and a garage on the residentially zoned portion of the lot. Ms. Coppola said the best avenue for developing this particular property may be as a conditional use. She said it would require a change in the master plan to rezone the entire property as non-residential. Ms. Coppola also noted that much of the area in the OB zone here is flood plain or wetlands, which are not considered suitable for development.
   Ms. Donlon said the Board disapproved an earlier request by Mr. Stylianou to build some offices adjacent to the existing residence. The proposal was not approved because it was too close to the residential area along West Franklin, and there was not a sufficient buffer between the two land uses. Edwin Schmierer, the Board’s attorney, said that if the same application were resubmitted, in all probability it would be denied again. However, the applicant might possibly win approval if he submitted a different plan, and it was in keeping with the requirements of the zoning ordinance.
   COAH-related discussion — Ms. Coppola discussed two matters relating to the borough’s COAH (Council on Affordable Housing) obligations. The borough’s plan for COAH compliance assumes that there could be six affordable housing units built in accessory apartments. However, the draft ordinance setting the ground rules for such units never was adopted. At Ms. Coppola’s suggestion, a motion was passed to recommend this ordinance for adoption by the Pennington Borough Council.
   The COAH plan is intended to facilitate the construction of affordable housing units on vacant land within the borough. One of the largest tracts of vacant land available is the former municipal landfill site between Broemel Place and West Delaware Avenue. Ms. Coppola said this property is now zoned R-80. This would not permit the kind of density that would typically be found with affordable housing units.
   She proposed that a special overlay zone be created for this site, which would allow construction of affordable housing units if the site were ever redeveloped. An overlay zone would permit the existing use of the property to continue, but it would allow other options to be pursued if the current use were abandoned. Ms. Coppola suggested that the overlay zone allow for mixed use development, which might include retail space on the first floor and offices or affordable housing units above. She said a project like this would require a fairly substantial floor area ratio to make it work for a developer. In addition, any development on the site would need to comply with the requirements of the Department of Environmental Protection (DEP). The site has been designated an environmental opportunity zone, due to the after-effects of its previous use as a landfill.
   In other business, it was announced that the Streetscape Committee has selected Carter Van Dyke Associates to develop a streetscape plan. Also, a link has been planned between the borough and the proposed Lawrence-Hopewell trail.