MARCH 6, 2002
7:05 p.m. Special Meeting for Board Members consisted of a presentation from Dave Hoder with Maser Consulting. He talked about the responsibilities of the Board Engineer. Also Jeromie Lange will be replacing Jim Biegen as the Board Engineer, but Jim will still be with the firm and finish any ongoing projects. Scott Najarian, thanked Dave and stated the firm has done an excellent job and knows Jeromie will do well also. The Board thanked Jim Biegen for his excellent work with the Board.
Chairman, Scott Najarian called the meeting to order at 8:00 P.M. with a salute to the flag.
Attorney Russell Cherkos filling in for Gregory McGuckin read the Open Public Meetings Act Statement.
ROLL CALL:
Scott Najarian, Chairman Robert Paneque
Michael Kelly, Vice Chair. Alt.#1 Meredith Acacia
Ronald Hampton, Sec'y Alt.#2 James Sheeran
Joy Ann Harmer
Scott Weinstein
ABSENT: Sharon Gallagher
Russel Cherkos for Gregory McGuckin as Board Attorney
James Biegen, Board Engineer
Jeromie Lange, Replacing Jim as Board Engineer
Steve McCrystal, McCrystal Reporting
MEMORIALIZATION OF RESOLUTIONS:
2002-14 David J Visconi – Block 55 Lot 2- Motion to approve by WEINSTEIN/Paneque YES: Paneque, Weinstein, Acacia & Najarian. VARIANCE DENIED
2002-15 Matthew Heston- Block 130.04 Lot 42- Motion to approve by ACACIA/Weinstein YES Kelly, Paneque, Weinstein, Acacia & Najarian. VARIANCE GRANTED
2002-16 David & Sally Ann Allen- Block 34 Lot 33.08- Motion to approve by WEINSTEIN/Acacia YES: Kelly, Paneque, Weinstein, Acacia & Najarian. VARIANCE GRANTED
2002-17 Robert H Davis Jr.- Block 84.01 Lot 15.04- Motion to approve by WEINSTEIN/Paneque YES: Kelly, Paneque, Weinstein, Acacia & Najarian. VARIANCE GRANTED
2002-18 Yefim Avshalumov- Block 79 Lot 1.01- Motion to approve by PANEQUE/Weinstein YES: Kelly, Paneque, Weinstein, Acacia , Najarian. VARIANCE DENIED
2002-19 Friendship Inc. - Block 135.20 Lot 11.01- Motion to approve by KELLY/Paneque YES: Kelly, Paneque, Acacia & Najarian. VARIANCE DENIED
2002-20 Hilda Tarbox- Block 99.01 Lot 3- Motion to approve by KELLY/Weinstein YES: Kelly, Paneque,Weinstein, Acacia & Najarian. USE VARIANCE GRANTED
MINUTES: Motion to approve Minutes of February 6, 2002 with correction of adjournment time from 11:47pm to 10:47 pm by: KELLY/Weinstein YES: Hampton, Harmer, Kelly, Paneque, Weinstein, Acacia & Najarian. Motion Approved
VOUCHERS: Motion to approve as submitted by WEINSTEIN/Acacia YES: Kelly, Paneque , Weinstein, Acacia & Najarian. Motion Approved
ANNOUNCEMENTS: AS PER THE BOARD ENGINEER AND ATTORNEY THE FOLLOWING APPLICATIONS WILL BE CARRIED TO THE APRIL 3RD , 2002 MEETING. FURTHER REVIEW NEEDED. NO FURTHER NOTICE WILL BE REQUIRED.
APPLICANT: SCOTT ALVIK
BLOCK: 6 LOT: 44.02 ZONE: R-3
LOCATION: PROSPERTOWN ROAD
APPLICANT: QUALITY HOMES & SHORE MODULAR
BLOCK: 75.01 LOT: 37 ZONE: R-3
LOCATION: 55 MANHATTAN STREET
APPLICANT: COLLETTE ARNOLD & LORRAINE LONGO
BLOCK: 59.01 LOT: 43.01 ZONE: RG-2
LOCATION: 167 DENTON LANE
MATTERS FOR DISCUSSION: Dawn D'Agostino explained that training classes are being offered for Municipal Land Use Law and NJ Planning Officials, any Board members interested are to contact her at the Planning and Zoning office in Town Hall.
Mr. Megill and Board Engineer duly sworn.
APPLICATIONS:
BLOCK: 112 LOT: 2.03 ZONE: R-3
LOCATION: 41 FRANK APPLEGATE ROAD
Mr. Megill stated applicant is seeking a variance to construct a 28'x44' detached garage in the R-3 Zone where 20' side yard setback required and is proposing 5'. Mary & Claiborne Franklin duly sworn. Claiborne Franklin explained he wants to build the garage to house vehicles. One vehicle has to be on a trailer and he will not be able to access properly is the garage is moved to the 20' setback, he is asking for 5'in from property line and the height will be 14'.
Public Portion
Michael Salonia, 31 Frank Applegate Road duly sworn stated the Franklin's driveway is paved not gravel and he has concerns with storage of gas vehicles, he asked how would fire trucks gain access if needed. Christina Salonia, wife of Michael has concern the garage will be as large as a house and what environmental impact and water runoff will be. Jim Biegen requested he would need to see a grading plan and depth of gravel for driveway. Mr. Salonia submitted pictures taken three days prior to meeting. Four pictures submitted and marked as exhibit A-1 thru A-4. Lorraine Schneider, 37 Frank Applegate Road, Corey and Karen Hyers live at lot 2.02 and Carol Broderick of 25 Frank Applegate Road all expressed concerns for their property values and questioned the hardship and if a business would be run out of such a large building. Scott Najarian stated the issue of the size of the building and asked the Franklin's to re-consider the size and side setback. If the garage were moved to 20' side setback no variance would be needed, only proper permits. The Franklin's explained the wanted the convenience of the setback but where willing to change the size to 24'x40'. Public Portion Closed. Motion to deny by WEINSTEIN/Kelly YES: Hampton, Harmer, Kelly, Paneque, Weinstein, Acacia & Najarian. VARIANCE DENIED
2. APPLICANT: RICHARD & ROSEMARY KELLY
BLOCK: 145.02 LOT: 7 ZONE: R-3
LOCATION: 6 BEVERLY COURT
Mr. Megill stated applicant is seeking a variance to construct a 5' solid fence, 20'x40' in-ground pool and 12'x16' shed in their front yard on this corner lot which fronts on three streets. Richard & Rosemary Kelly duly sworn. Richard explained his wife likes to swim and did not realize they would need a variance due to three streets for almost everything added to their property. No objection from the public. Motion to approve by: KELLY/ Weinstein YES: Hampton, Harmer, Kelly, Paneque, Weinstein, Acacia & Najarian. VARIANCE GRANTED
Page 3- Zoning Minutes of 3/6/02 (continued)
3. APPLICANT: MATTHEW & MARYANNE WOOD
BLOCK: 66.09 LOT: 30.01 ZONE: R-3
LOCATION: 1 SPECTRUM COURT
Mr. Megill stated applicant is seeking a variance to construct a 6' solid fence in their front yard on this corner lot. Matthew Wood duly sworn explained he could demonstrate his property is unique and poses a hardship. He is located on the corner of Spectrum court and Cooksbridge and Brewers Bridge Roads. He has many accidents by his home. Accident reports submitted as exhibit and marked A-1. His hardship is his family's use of the property. He also has been in contact with the County Roads Engineer to make the intersection safer. Public Portion. Ray Robinson of 3 Spectrum Court stated he and his neighbors do not have a problem with the request in fact it is a good idea. No objection from the public. Motion to approve by: HAMPTON/Harmer YES:Hampton, Harmer, Kelly, Paneque, Weinstein, Acacia & Najarian. VARIANCE GRANTED
4. APPLICANT: LAWRENCE MC DONNELL
BLOCK: 126.09 LOT: 3 ZONE: R-20
LOCATION: 6 KEITH COURT
Mr. Megill stated applicant is seeking a variance to construct a 15'x30' above ground pool, 6' solid fence and 10'x15' shed in their front yard on this thru lot. Lawrence McDonnel duly sworn explained he understands that due to the road behind his home and Gibson Lane goes in front he would need a variance for the fence, shed and pool. Mr. Megill questioned the fence shown on the survey goes onto adjoining lot and when replaced must be moved onto his property. No objection from the public. Motion to approve by: HARMER/ Acacia YES: Hampton, Harmer, Kelly, Paneque, Weinstein, Acacia & Najarian. VARIANCE GRANTED
5. APPLICANT: FRANK BARTOLINI JR.
BLOCK: 70 LOT: 18.04 ZONE: R-2
LOCATION: 452 CLEARSTREAM ROAD
Mr. Megill stated applicant is seeking a variance to construct a 32'x24' three car detached garage in the R-2 zone where 30' side setback is required and is proposing 10'. Frank Bartolini Jr. duly sworn explained he wants to build a 3 car garage next to his home because he has an attached garage and needs more room for storage of motorcycle, corvette and Quads and other items. No objection from the public. Motion to approve by WEINSTEIN/ Hampton YES: Hampton, Harmer, Kelly, Paneque, Weinstein, Acacia & Najarian. VARIANCE GRANTED
6. APPLICANT: ELLIOTT BATES
BLOCK: 140.01 LOT: 7.03 ZONE: R-3
LOCATION: 349 CHANDLER ROAD
Mr. Megill stated applicant is seeking a variance to construct a 35'x 47' detached garage in his front yard and is seeking to construct the building within 12' of his side yard setback, where 50' is required. Atty. Kim Pascarella representing Mr. Bates and Elliott Bates duly sworn. Mr. Pascarella explained the detached garage is to be used for personal storage and Mr. Bates wants to purchase a camper and wood chipper. Mr. Bates has a 22-acre parcel of land but with fronts needs a variance. The Board questioned, why a past subdivision was not started. Mr. Bates stated the pie shaped and undersized property would need access from his property and with the new zoning regulations may need a variance. No objection from the public.
Motion to approve by KELLY/Hampton YES: Hampton, Harmer, Kelly, Paneque, Weinstein, Acacia & Najarian. VARIANCE GRANTED
8. APPLICANT: JAMES & ELIZABETH LYKES
BLOCK: 85 LOT: 17.05 ZONE: NC
LOCATION: 194 W. VETERANS HIGHWAY
Mr. Megill stated applicant is seeking a variance to construct an addition to their dwelling in the NC-Zone. This is an expansion of a non-conforming use in the NC-Zone. James Lykes duly sworn explained his son is moving into the house and the addition is for his wife and himself. The addition will consist of a bedroom, bathroom and living room. The Board Attorney explained he needs a use variance and 5 yes votes by the Board to approve. Jim Biegen questioned sewer and water. Mr. Lykes explained he has 3 bedrooms but use 2 bedrooms and made one into a den. The septic has 1,200 capacity and the addition will be the same height as the existing house. No objection from the public. Motion to approve by: HAMPTON/ Weinstein YES: Hampton, Harmer, Kelly, Paneque, Weinstein, Acacia & Najarian. VARIANCE GRANTED
5 minute recess.
Meeting resumed at 9:37 p.m.
9. APPLICANT: JERSEY CENTRAL POWER & LIGHT CO. D/B/A/GPU ENERGY
BLOCK; 129.02 LOT: 5 ZONE: R-3
LOCATION: N. NEW PROSPECT ROAD
Mr. Megill stated the applicant is seeking site plan approval, conditional use approval for GPU substation and height variance for towers where 35' max allowed in the R-3 Zone and is requesting 80' and 52'. Atty. Grace Bertone representing GPU Energy and Robert Keleher Reginal Manager Engineer for JCP&L duly sworn. Robert Keleher discussed details of the substation and explained the need for station and additional capacity due to Jackson Twp growth is at 6% for year and State is at 2%. Grace Bertone also explained the Hyson Station is near capacity and area will experince power outages if situation not addressed. The Board questioned; road access, lighting landscaping and fencing. Scott Bergstrom SR Electrical Engineer for GPU duly sworn. He explained his job is to design these stations and explained technical details of station, towers and fencing needed. Jim Biegen requested the fence be lowered into the ground for safety purposes. Mr. Megill explained variances needed for height of fence. Scott Bergstrom stated it is required for safety and to meet code standards. Also the lighting will be done by switch only and used accordingly. Grace Bertone requested a waiver of tree save plan, but will agree to whatever the Forester requires. Kevin O'Brien planner for Shamrock Ent. Duly sworn, explained and reviewed the plans submitted and site plan on board marked as exhibit A-1 and photo board with 6 pictures and area map as A-2. Board members questioned health and microwave concerns. Bernard Chernisky duly sworn works for GPU in Reading, PA explained the transfer station will be contained and up to code. He will have additional information forwarded to the Board members. Public Portion. Atty. Scott Anderson on behalf of his client Prospect Manor Developer, explained concerns for prospective buyers of homes with sales and health concerns for their 22 lot subdivision. Daniel Wang owner of Prospect Manor LLC duly affirmed , explained his concern for sub station and stated he did not know sub station being proposed in this area. He also questioned the look and landscaping and health concerns. Scott Anderson requested a buffer of evergreen trees. The Board agreed with buffer and will have a landscape plan submitted for review. No other objections from the public.
Motion to approve with conditions and landscape plan by KELLY/Hampton YES: Hampton, Harmer, Kelly, Paneque, Weinstein, Acacia & Najarian. SITE PLAN AND CONDITINAL USE APPROVED WITH SITPULATIONS
REQUEST BY JOHN RAHACEK ATTY. FOR HILDA TARBOX TO ADDRESS THE BOARD. Mr. Rahacek explained to the Board they will make the corrections to the parking lot and will remove the temporary sign for their site plan application #562 that was presented to the Board on February 6th 2002 meeting. Asked for a six month temporary Certificate of Occupancy. The Board Attorney and Engineer both sated, the procedure is that they must go for Site Plan Approval. Scott Najarian explained they have to do what is right and go with the recommendations of the Board Professionals and what is proper.
ADJOURNMENT: Motion to adjourn meeting at 10:56 p.m. by: HAMPTON/Kelly YES: UNANIMOUS
Next meeting of the Zoning Board of Adjustment to be April 3, 2002.
Respectfully Submitted,
Dawn D'Agostino, Recording Secretary