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Politics & Government

Appeal Moves Aquatic Center Hearing to Zoning Board

Resident challenges determination that facility meets zoning regulations.

An appeal challenging the determination that the proposed Berkeley Aquatic Center swimming facility on the Warren and Berkeley Heights border is permitted under Warren's zoning laws led to the Planning Board issuing a stay on further hearings Monday night, pushing planning board review off indefinitely.

“I don’t know that I call this a success,” Emerson Lane resident Jonathan Wishnia, who filed the appeal, said. “We have a long way to go. Let’s see what the zoning board says.”

The Planning Board began hearings on the proposed 51,000 square foot indoor swimming facility to be built on Hillcrest Road north of the Interstate 78 exit in March. According to a ruling by Warren Township Zoning Officer John Chadwick, the site's planned use as a swimming facility is a conditionally permitted use of the land, however Wishnia challenged that determination. The township zoning board will review the challenge and make a determination on the use, but in the meantime, the Planning Board will not hear further testimony on the project.

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Wishnia’s appeal appeals the decision of the zoning officer and also asks for an interpretation of the municipal zoning ordinance of the proposed use.

“The appeal requires that it be filed within 20 days of the time that the appellant becomes aware of the decision of the zoning officer,” Planning Board attorney Allen Siegel said. “There is some dispute as to whether that appeal was filed within that 20 days.”

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Wishnia's appeal was first submitted April 5, but was initially refused as it did not include a $5,000 escrow payment. He refiled on April 6, submitting the appeal and the escrow to the attention of Chadwick. 

Prior to Monday night’s meeting the outcome of the appeal’s submission was not known.

When someone files an appeal, it stays the action of the planning board, which it means it cannot proceed. The decision now lies with the zoning board, which will also have to decide whether the appeal was filed in a timely fashion and whether an escrow is required. Once those bases are covered, the case can be kicked back to the planning board.

“I think it appears that the town officials are looking at this seriously,” said Warren resident James Irvine.

As the meeting broke up, residents attempted to ask board President Peter Villani a question regarding the zoning of the land upon which the center would be located. Some questioned whether Warren Township is solely responsible for the zoning, claiming one parcel of land included in the project is listed on zoning maps for both Warren and Berkeley Heights.

Residents said a lot west of Rogers Avenue, Block 208 Lot #11, is listed by the Warren Township Tax Assessors office at 1.25 acres located in Berkeley Heights. The Berkeley Heights Tax Assessors office has the same parcel, described by Berkeley Heights as Block 2704 Lot#3, listed at 1.88 acres. 

“What I heard, I am not happy I’ll tell you that,” said Berkeley Heights resident Anthony Iannotta who lives at the end of Rodgers street just off Emerson Lane. Rogers and Emerson would potentially both be affected by overflow traffic from the facility. “Mr. Wolfson said he did not even know about the land, and I know I spoke with him about it because they wanted to extend the sewer line through my street.”

Siegel said the case would be taken up by the zoning board “sometime in May.”

 

 

 

 

 

 

 

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