Zoning Board of Appeals - 1/6/2009 - Koplow

The Newbury Township Board of Zoning Appeals public hearing was called to order by
Mr. Ray Fidel, Chairman, at 7:35 p.m. on January 6, 2009 with Mary Lee Brezina, Bill McCullam, and alternate Board member Tezeon Wong (sitting for Dean Eppley) present.  All in attendance for this hearing were duly sworn and asked when testifying to state their name and confirm being sworn in.  Mr. Fidel read the applicant's request.

Marc Koplow requests a Conditional Use Permit for a car and motorcycle display/dealership with a service garage for own vehicles and customer detailing (per Art. VI, Sec. 6.04 K requiring a BZA hearing per Art. X & XVII). at 11354 Kinsman Rd. in the B-1 Commercial District.

Ms. Endres presented photos for board review.  Mr. Fidel asked the applicant to state his case.

Mr. Koplow said he had expanded the car dealership to include the western lot portion using the office section and #2 and #3 garage sections for storage of scooters and cycles and bay #4 (with a lift) for service and detailing of his own cars.  He informed the board that he had bought out Frank Kovacs and was now operating K&K Motor Sales on his own.  Expansion into the #3 bay was discussed but not feasible till the economy improves.  Mr. Koplow explained his service limitations; simple oil changes, brakes, mufflers, detailing etc; other service requiring computer analysis is outsourced.

Discussion continued regarding the semi and RV parked on adjacent properties obstructing the view of K&K’s sales display.  Mr. Fidel said this was not part of this hearing but should be addressed by enforcement by the zoning inspector.  Ms. Endres agreed that she would contact the adjacent property owners to advise them of the setback restrictions for parking vehicles.  Anyone parking vehicles must have permission from the property owner who may want to erect “No Parking” signs to forestall abuses.

Mr. Fidel noted that display setbacks on this property were closer to the road (via prior Area & Conditional Use Variances) than other dealers in Newbury.  He reiterated that this hearing was to allow the expansion of the business to the west portion of the lot.
Ms. Endres said she is researching whether there was a permit for the building wall sign or if Mr. Koplow needs to apply for a new sign permit; a separate issue from this CU.
Mr. Fidel asked the board for additional comments or questions. There being no more questions, Mr. Fidel called for a motion to grant the Conditional Use Permit stating that a yes vote would grant the permit.  He noted there were no neighbors in the audience to object.
Tezeon Wong moved to grant the Conditional Use Permit as presented for expansionof the business (to include use of the entire building); Ms. Brezina seconded the motion to include the original conditions of CU04-082807 for this property:
a) no display parking in the 21 ft. grass area north of the R-O-W,
b) maximum display parking of 25 cars,
c) no outside storage of tires, car parts, etc.
d) compliance with Newbury standard conditions for conditional use permits.;

Tezeon Wong                yes
    Mary Lee Brezina            yes
    Bill McCullam            yes
    Ray Fidel                yes

Mr. Fidel included the terms of the conditional use permit as listed in Art. X & XII:
1) the permit would be for a 5 year term with reapplication thereafter,
2) the permit would be reviewed yearly by the BZA,
3) the permit could be cancelled anytime for condition violations.

Mr. Fidel informed the applicants his conditional use permit was granted.

Mr. Fidel read to the Appellant and audience, “Based on the decision of the Board, you may proceed with obtaining your permit, once all requirements regarding this application are satisfied.  You are advised if someone objects to this decision they may challenge it in court.  If you choose to start operating at once, as soon as you begin your business you are bound by the conditions set forth by this Board, and all other Newbury Township zoning requirements.

Mr. Fidel informed the Appellant and the audience that the 30-day period commences with the Appellant’s signing receipt of the signed minutes.  They will be mailed registered return receipt to the Appellant.  All persons receiving notice of the hearing will receive copies of the minutes.

Mr. Fidel adjourned the BZA hearing at 8:40 p.m.  Board members wished the applicant good luck.

Marge Hrabak

Signatures of the Newbury Board of Zoning Appeals:

_________________________    ____________________________
Ray Fidel,  Chairman    Mary Lee Brezina

_________________________    _________________________
Tezeon Wong (for Dean Eppley)    Bill McCullam
_________________________            ___________________________
Marge Hrabak, Sec’y  BZA                Date