MILLSTONE — A judge ordered the Zoning Board of Adjustment to reconsider an application that it previously denied.
Board members voted 4-3 on May 26, 2010, to deny Seasonal World’s application for a variance to expand its Route 537 building with a canopy. Chairman Michael Novellino and board members Steve Lambros, Frank Curcio and Anthony Conoscenti voted against approving the variance, while Robert Bailey, Barry Frost and Steve Morelli voted in favor.
In August, Seasonal World, owned and operated by Anthony Schiavone, filed a civil action suit in state Superior Court, Freehold, against the Zoning Board and the township. According to the complaint, Seasonal World applied for approval to expand its existing one-story building in February 2010. The board conducted public hearings on the proposed expansion at its April 28, 2010, and May 26, 2010, meetings, and no one came forward to oppose the application, according to the complaint.
At the June 22 meeting, Novellino explained that the judge decided, per municipal land use law and case law, that the applicant did not need a “D” variance for the proposed expansion and the board must proceed with a hearing for a “C” variance, which is equivalent to a variance for the site plan. Novellino said the board would be “starting fresh” with the application.
The applicant’s architect, Sal Santoro, said his client would use as much recycled glass, metal and aggregate block as possible in building the new canopy. To further reduce the carbon footprint of the project, his client would hire locals, he said.
When Santoro presented additional architectural elements for Seasonal World’s main entrance, board members asked for all nine entrances to have the same elements added for consistency. Santoro said he would add ventilation to the canopy, or design windows that could be pulled back with screens.
The applicant’s engineer, Peter Strong, said the site has 40 parking spaces where 57 are required. He said township ordinance would require 76 parking spaces for a different type of retail facility if Seasonal World vacated the site. Strong said that re-striping would provide Seasonal World with four more spaces, and additional spaces near the Novad Court entrance. However, creating these spaces would mean cutting down full-grown trees, and Strong requested not having to build the spaces at this time.
The township’s Shade Tree Commission has to review the application, and Township Planner Richard Coppola suggested that the township’s landscape architect review the plans before the board made a decision about the parking spaces. The hearing will continue at the July 27 meeting.