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Board approves FAR variance for 139 Cedar Drive pavilion with conditions on plumbing and sound mitigation
Summary
The planning board approved a variance allowing a ~340 sq ft golf‑simulator pavilion at 139 Cedar Drive (FAR ~23.1% of lot) subject to conditions requiring no plumbing, sound‑attenuation measures compliant with the town noise code, and revised drawings and calculations submitted for the final resolution; the roll call showed seven affirmative votes.
The planning board approved an FAR variance for 139 Cedar Drive to permit a small pavilion intended to house a golf simulator. The board recorded conditions requiring revised calculations and plans, no plumbing in the pavilion, and measures to address potential noise from the simulator.
Counsel for the applicant introduced the project as an FAR variance request: the maximum permitted floor area ratio cited by board staff was 22% and the applicant sought approval to increase to roughly 23.1% to allow a 340‑square‑foot enclosed pavilion (450 sq ft roofed) to sit over an existing sports court. An engineer for the applicant described the site as a single‑family lot with an existing paved sports court that would not add impervious area; the pavilion will sit on that existing surface and required no new stormwater controls, the engineer testified.
The architect described the structure as approximately 17 by 20 feet with a peak height near 13 feet 6 inches, double‑pane glass panels on side walls, an accordion door opening toward the residence, and insulation and interior finishes planned to reduce noise. The applicant agreed to a condition explicitly prohibiting plumbing in the pavilion. The applicant also agreed to include sound‑mitigation details and to comply with the borough’s noise performance standards (the board referenced the town code provision cited in testimony).
Board members examined the accessory‑building rules (transcript references to section 255‑54), noting that accessory building area above 150 sq ft counts toward FAR. The planner and board staff asked the applicant to revise FAR calculations to reflect that rule and to resubmit final drawings prior to the resolution. Members also discussed whether a modest reduction in pavilion size would avoid the variance; the applicant said reducing the size might compromise the simulator layout.
After deliberation the board made a motion to approve the variance with the conditions noted: revised drawings and calculations to be submitted, a no‑plumbing condition to be included in the resolution, and noise‑attenuation measures meeting borough code requirements. The chair called the roll; the motion passed with the chair announcing seven affirmative votes.
Votes at a glance - Resolution to memorialize denial of 93 Olds Pan Road: approved (denial memorialized). - Resolution for 96 Herring (minor subdivision, 3 lots with variances): approved (previously granted at May meeting).
Why it matters: The variance allows a private accessory structure tailored to a recreational use (golf simulator) and shows the board balancing residential character and neighbor impacts with property owner requests; the conditions (no plumbing, noise mitigation, revised plans) are intended to limit downstream issues and to preserve enforceable standards for future work.
