SOUTH BRUNSWICK: Use variance gets overturned

by Davy James, Staff Writer
   The Township Council voted Tuesday to overturn a Zoning Board of Adjustment decision to grant a use variance to a Kingston resident to sell dance apparel from her home.
   The variance would have allowed resident Victoria Rogers to operate Giselle Dancewear out of a portion of the first floor of her two-story home, which is located in a residential zone.
   ”Granting use variances should be the exception rather than the rule,” said Councilman Charlie Carley when he explained his vote to overturn the zoning board’s ruling.
   Council members expressed their respect and admiration for the zoning board, but ultimately felt the variance would lead to further traffic problems on Academy Street, while not filling an obvious need for residents, among other reasons.
   After the ruling by the zoning board last year, an appeal was filed by Kingston Initiative, a group that works to preserve the village’s cultural heritage.
   ”This will set a dangerous precedent that’s harmful to the public by violating the Master Plan,” said Kingston resident Karen Linder, who spoke on behalf of Kingston Initiative.
   Ms. Linder said the small boutique would not serve the public good and would lay the foundation for future efforts to extend the Route 27 corridor onto side streets by allowing other retail applicants to site the ruling.
   Attorney Walter Toto spoke on behalf of Ms. Rogers and said the variance was granted for special reasons. He said there is a need for the niche retail use and pointed out the boutique would comprise only 377 square feet of the 1,100-square-foot first floor. He stated the business would have limited traffic because it would operate only from 10 a.m. to 5 p.m. on Tuesday and Saturday and from 1 to 5 p.m. on Sunday.
   Mr. Toto said the business serves about one to two customers an hour and would have low impact on the traffic problem. The dancewear studio had been located on Nassau Street in Princeton but the lease was expiring and it was no longer financially feasible to continue at the site, according to Mr. Toto.
   He said the property is uniquely suited for the use because the main activity occurs to the rear where a small parking lot would need to be installed and would be shielded from view by a fence and vegetation.
   Mr. Toto said the small business would help the occupant to preserve the appearance of the property and pointed out that none of the merchandise would be visible from the street. He said the boutique would serve as a fill-in to transition between the residential and commercial zones.
   Councilman Joseph Camarota said the applicant did not demonstrate a need and positive criteria for a variance, while stating that additional traffic could not be sustained on Academy Street.
   The other council members made similar statements when explaining their votes to overturn the ruling.
   Mayor Frank Gambatese said the business wouldn’t benefit Kingston and pointed out that land use laws and zones are in place to serve the public good.
   ”We can’t change zones by granting variances,” he said during the meeting. “We need to look at the Master Plan.”