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Use variance sought for Pennygreen Landscaping at 900 Aura Road; board allows temporary occupancy with site‑plan condition

Elk Township Combined Planning and Zoning Board · September 18, 2024
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Summary

Matthew Rutkowski asked the Elk Township board on Sept. 18 for a use variance to operate Pennygreen Landscaping from 900 Aura Road; the board deemed the application complete (6–0, Nicholson excused), discussed restrictions on storage, hours and a site plan requirement, and allowed a six‑month Temporary Certificate of Occupancy tied to a site‑plan submission.

Matthew Rutkowski, owner of Pennygreen Landscaping, asked the Elk Township Combined Planning & Zoning Board on Sept. 18 for a use variance to operate his landscaping business from Lot 6 at 900 Aura Road. The board first excused Mrs. Nicholson from the hearing because she is a sitting member of the Township Committee; after that, the board voted 6–0 to deem the application complete.

Rutkowski told the board he currently operates out of Bellmawr, NJ and needs to relocate. He described on‑site operations and storage plans, saying there "would be no more than a dozen vehicles" (he currently has nine), that the firm stores six snow plows and six snow boxes, and that he expects 14–20 employees at the new location. He said trucks typically leave the yard in the morning and return at night and that he can adjust delivery times to comply with township rules.

Board Engineer Steve Bach and counsel clarified that proposed rental or subleasing of outbuildings, and storing RVs or boats, were not part of the advertised application and would require separate approvals. Bach said deliveries could not occur before 7 a.m. and that equipment may not be allowed to idle on site for extended periods; he also noted the firm must comply with the soon‑to‑be adopted Municipal Private Salt Storage Ordinance related to DEP requirements if salt is stored on site.

Because Bach was reluctant to recommend a site‑plan waiver, he offered a compromise: allow a Temporary Certificate of Occupancy for up to six months to permit use of existing buildings and the stone parking area "as is," conditioned on submission of a formal site plan within six months for full review. The applicant's counsel asked to adjourn to amend the application to include additional lots; the board opened the public portion and then closed it after a question about another application. The board adjourned at 8:21 p.m.

The board's action to deem the use‑variance complete does not constitute final approval; separate approvals or a site plan review may be required for storage, rental uses or other proposed activities beyond the scope of the advertised application.