CONTROVERSY IN MEYERSVILLE

                          CONTROVERSEY IN MEYERSVILLE

This document was prepared on behalf of all Long Hill Township residents who have been following the proposed volleyball training facility on the Meyersville site formerly known as Archie’s Resale Shop and are unaware of the latest developments.   

Subsequent to the original “Volleybarn” application, which was rejected due to multiple  Ordinance violations, Mr. William Kaufman, of Restore Meyersville, LLC. prepared a second application which was intended to be fully compliant with these same Ordinances.  More specifically, the building was reduced in size by approximately 2% and was repositioned on the property so that the previously proposed front yard parking, which failed to satisfy the Township’s Parking Ordinance, could be moved to the side of the building.

After a professional review of this application, the Concerned Citizens of Long Hill elected to retain Mr. Gerry Legato, Esquire, former Member of the Long Hill Township Committee and Planning Board, to inform the Board of the problems which were inherent in the second application.     

In preparation for the June 10, 2014 Long Hill Township Planning Board Meeting, Mr. Legato enlarged copies of Township Ordinances which demonstrated why the 33 parking spaces proposed for the new building failed to meet the requirements listed in the Township Parking Ordinance. 

He began his presentation by informing that the Application For Development submitted by Mr. Kaufman listed “Fitness Center” as the proposed use for his facility.  

Mr. Legato then exhibited a copy of the zoning Ordinance for the Meyersville Hamlet which enumerated all of the land uses (Permitted Primary Uses) which are allowed on this property.  Included on the list was:  “Retail service uses, including barber shops and hair salons; health clubs; fitness centers; and studios.”   

According to Mr. Legato, the proposed volleyball training facility is compliant with the accepted definition of “fitness center” and is therefore a permitted use in this zone.  He then emphasized the fact that “fitness center” was listed in the Ordinance under the heading of  “retail service uses”.

His second exhibit demonstrated a term from Section 110 Definitions, which is included in the Township’s Land Use Ordinance.   More specifically, Retail service use is defined as:  those businesses that primarily provide a service, rather than a product, to individuals, businesses and other organizations, including, but not limited to, personal services, repair shops, studios, amusement and recreational services, and health, education and social services, and museums and galleries.

This definition plainly identifies the proposed volleyball training center as a retail service use and demonstrates that the Ordinance correctly lists “fitness centers” under this heading.         

For his third exhibit, Mr. Legato provided a copy of Long Hill Township Ordinance 151.1.c which lists the Number of Required Parking Spaces for each land use included in the Ordinance.  Under retail sales, trade and service, 1 parking space is required per 200 square feet of floor space.  For the volleyball training center which is 12,691 square feet, the ordinance requires 63 parking spaces; not 33 as proposed by the applicant.  Furthermore, it has been shown that the Township has rigorously followed these requirements when reviewing other applications in the past.

In summation, the applicant correctly listed his volleyball training facility as a “fitness center” on the building application, but because it is also a “retail service use” the proposed 33 parking spaces are insufficient.   

It must also be considered that all businesses are temporary by nature, and the Township Officials who drafted the long standing Parking Ordinance correctly determined that a building that is larger than the Walgreen on Valley Road should have enough parking to accommodate business growth and meet other future uses that are permitted in this zone.  This is not only a matter of law, but to do otherwise would be both short sighted and set a precedent for all future development in the Township. 

Ed Zindel