Chairman, Scott Najarian
called the meeting to order at 8:10 P.M. with a salute to the flag. Attorney
Gregory McGuckin read the Open Public Meeting Act Statement.
ROLL Call: Scott Najarian,
Chariman Scott Weinstein
Michael Kelly, Vice Chair. Meredith Acacia
Robert Paneque Adam Ziobro
ABSENT: Ronald Hampton
James Sheeran
Sharon Gallagher
ALSO PRESENT: Richard Megill,
Director of Planning and Zoning
Gregory McGuckin, Board Attorney
Dina Kalinauskos, Mc Crystal Reporting
Attending the meeting in the absence of Jeromie Lange, Board Engineer are;
Reza Marghall, Maser Consulting (Attending the meeting in the absence of Jeromie
Susan Brasefield, Maser Consulting
ANNOUNCEMENTS: New Board member sworn in by Gregg McGuckin was Adam Ziobro as Alt.#1.
Scott Weinstein will act as Secretary in Ron Hampton absence.
MEMORIALIZATION OF RESOLUTIONS:
2002-76 Todd Holman- Block
91 Lot 4.02- Motion to approve by KELLY/Paneque YES: Kelly, Paneque,
Acacia & Najarian. VARIANCE GRANTED
2002-77 Michael Delaney- Block 125.21 Lot 10.06- Motion to approve by KELLY/Acacia
YES: Kelly, Paneque, Acacia & Najarian. VARIANCE GRANTED
Mr. & Mrs. De La Torre- Block 75.01 Lot 102- Motion to approve by ACACIA/
Kelly YES: Kelly Paneque, Acacia & Najarian. VARIANCE GRANTED
Kimbel & Evonne Heyward- Block 106.02 Lot 1.28- Motion to approve by KELLY/Paneque
YES: Kelly, Paneque, Acacia & Najarian. VARIANCE GRANTED
Shari Soklowski & Michelle Roche- Block 94.02 Lot 10- Motion to approve
by ACACIA/ Kelly YES: Kelly, Paneque, Acacia & Najarian. VARIANCE GRANTED
Richard & Anita Pelligra- Block 109.01 Lot 37.02- Motion to approve by KELLY/
Paneque YES: Kelly, Paneque, Acacia & Najarian. VARIANCE GRANTED
Legend Home Builders- Block 83 Lot 16.30- Motion to approve by KELLY/Acacia
YES: Kelly, Paneque, Acacia & Najarian. VARIANCE GRANTED
Andrezej Makarewicz- Block 62.03 Lot 1.03- Motion to approve by KELLY/ Paneque
YES: Kelly, Paneque, Acacia & Najarian. VARIANCE GRANTED
Quality Homes & Shore Modular- Block 84.01 Lot 13- Motion to approve by
ACACIA/Kelly YES: Kelly, Paneque, Acacia & Najarian. VARIANCE GRANTED
Quality Homes & Shore Modular- Block 139.02 Lot 19- Motion to approve by
ACACIA/ Kelly YES: Kelly, Paneque, Acacia & Najarian. VARIANCE GRANTED WITH
CONDITIONS
MINUTES: Motion to approve as submitted by: ACACIA/Kelly YES: Kelly, Paneque, Weinstein, Acacia & Najarian. Motion Approved.
VOUCHERS: Will be held until reviewed by members.
Mr. Megill and Board Engineers duly sworn.
APPLICATIONS:
1. APPLICANT: SHAHID ZAIDI
BLOCK: 66.09 LOT: 22.03 ZONE: R-3
LOCATION: SAMS ROAD
Mr. Megill stated applicant is seeking a variance to construct a single family dwelling in the R-3 zone and cannot meet the R-3 side yard setback requirements 50' and providing 20'. Shahid Zaidi duly sworn. Atty. Mr. Alfieri representing the applicant explained variances requested for Sams road. Mr. Zaidi explained his son is the applicant. Public Portion. Susan Adams-1009 E. Veterans- duly sworn stated she has issues, she has a working farm and if approved the house would be 20' from cow pasture. John Yostpille- 111 Sams Road- duly sworn stated he purchased his home from Mr. Otto 12 years ago and was told the lot has wetlands and could not be built on. Lou Morales- 121 Sams Road-duly sworn stated the lot is undersized and feels it should not be built on. Paul Emerson- 1 Kitay Court- duly sworn stated he had to redesign his home to meet the required setbacks when built. Mrs. Zanki-995 E. Veterans Hwy- duly sworn stated she is opposed to building on undersized lot. Public Portion Closed. Motion to deny by: KELLY/Ziobro YES: Kelly, Paneque, Weinstein, Acacia, Ziobro & Najarian. VARIANCE DENIED
2. APPLICANT: CARL & DENISE ANDERSON
BLOCK: 94.01 LOT: 14.25 ZONE: R-1/R-3
LOCATION: 370 FREEHOLD ROAD
Mr. Megill stated applicant is seeking a variance to construct a 10'x25' deck to the rear of their dwelling where the side setback required is 20' and the applicant is proposing 10' on this corner lot. Carl & Denise duly sworn. Denise explained when they first went into contract on their home, they where not aware of Zoning laws. They have a back door with no stairs to exit and feel's they have a hardship. No objection from the public. Motion to approve by: ACACIA/ Weinstein YES: Kelly, Paneque, Weinstein, Acacia, Ziobro & Najarian. VARIANCE GRANTED.
3. APPLICANT: FLORENCEIO
& ZORAIDA CACERES
BLOCK: 85 LOT: 8 ZONE: R-1/R-3
LOCATION: 234 LEESVILLE ROAD
Mr. Megill stated applicant is seeking a variance to construct a 38'x8'4" covered front porch, which will extend the front of their house into their front yard where 60' is required and is proposing 47'5". Mr. & Mrs. Caceres duly sworn explained they want a porch but cant meet the setback. No objection from the public. Motion to approve by: KELLY/Weinstein YES: Kelly, Paneque, Weinstein, Acacia, Ziobro & Najarian. VARIANCE GRANTED
4. APPLICANT: BARBARA BENSON
& GEORGE WARMKESSEL
BLOCK: 40 LOT: 41.13 ZONE: RD
LOCATION: 2 MITCHELL COURT
Mr. Megill stated applicant is seeking a variance to construct a 6' solid white vinyl fence in their front yard on this corner lot. Mr.& Mrs. Warmkessel duly sworn. George explained wants to come off the house with the fence and will be 20' in from curb. No objection from the public. Motion to approve by: WEINSTEIN/Kelly YES: Kelly, Paneque, Weinstein, Acacia, Ziobro & Najarian. VARIANCE GRANTED
5. APPLICANT: PATRICK GREENWAY
BLOCK: 129.01 LOT: 3.02 ZONE: R-1/R-3
LOCATION: 283 NORTH NEW PROSPECT ROAD
Mr. Megill stated applicant
is seeking a variance to construct an 18' x 38' in-ground pool 4' from the side
yard where 20' required. Patrick & Cheryl Greenway duly sworn. Patrick explained
wants pool but his septic is in the back and also rout 195 so needs to put on
side of home. No objection from the public.
Motion to approve by: KELLY/ Weinstein YES: Kelly, Paneque, Weinstein, Acacia,
Ziobro & Najarian. VARIANCE GRANTED
6. APPLICANT: PETER &
JANET ALBRECHT
BLOCK: 78.30 LOT: 5 ZONE: R-9
LOCATION: 47 LAURELTON AVENUE
Mr. Megill stated applicant is seeking a variance to construct a front porch to their dwelling, setback required is 30' and applicant is providing 25'. Peter Albrecht duly sworn explained wants a front porch. No objection from the public. Motion to approve by: KELLY/Paneque YES: Kelly, Paneque, Weinstein, Acacia, Ziobro & Najarian. VARIANCE GRANTED
7. APPLICANT: STEPHEN KODAK
JR.
BLOCK: 154.01 LOT: 2.11 ZONE: HC/R-1
LOCATION: 20 HARDWOOD DRIVE
Mr. Megill stated applicant is seeking a variance to construct an in-ground pool where his side yard setback is 20' and is proposing 13'. Stephen Kodak Jr. duly sworn explained is limited to where pool goes due to wetlands on property. No objection from the public. Motion to approve by: WEINSTEIN/Paneque YES: Kelly, Paneque, Weinstein, Acacia, Ziobro & Najarian. VARIANCE GRANTED
8. APPLICANT: ENRICO ARNEDO
BLOCK: 51.49 LOT: 23 ZONE: R-1/R-3
LOCATION: 9 REAGAN DRIVE
Mr. Megill stated applicant is seeking a variance to construct a 6' solid pvc fence in their front yard on this corner lot. Enrico & Criselda Arnedo duly sworn explained the fence is for privacy .No objection from the public. Motion to approve by: KELLY/Weinstein YES: Kelly, Paneque, Weinstein, Acacia, Ziobro & Najarian. VARIANCE GRANTED
10. APPLICANT: GODDARD SCHOOL
BLOCK: 85 LOT: 17.03 ZONE: NC
LOCATION: WEST VETERANS HIGHWAY
Mr. Megill stated applicant is seeking minor subdivision and site plan approval for a day care center. This application was carried from the July 17th meeting. Atty. Ray Shea briefly discussed the previous meeting and Bill Stevens the Engineer discussed the revised plans and Jonathan Zape discussed the additional traffic study done. Scott Najarian explained the issue is the safety of the children. Site conditions discussed with alternatives. Captain Anderson duly sworn discussed his letter of review submitted with his concerns. Mr. Shea requested a continuance to the next meeting. No objection from the public. Motion to carry the application to October 2nd 2002 meeting by: ACACIA/ Kelly YES: Kelly, Paneque, Weinstein, Acacia, Ziobro & Najarian. Application carried to 10/2/02 meeting.
5 minute break
VOUCHERS: Motion to approve as submitted by: KELLY/Weinstein YES: Kelly, Paneque, Weinstein, Acacia, Ziobro & Najarian. Motion approved.
11. APPLICANT: NEXTEL OF
NY INC.
BLOCK: 32.02 LOT: 5 ZONE: PV
LOCATION: 785 MILLER ROAD
Mr. Megill stated applicant is seeking to add a new carrier to the existing cell tower, which is an expansion of a non-conforming use in the PV-Zone. Atty. Warren Stillwell representing the applicant Francis Boschulte radio frequency Engineer and Jim Dullen Engineer duly sworn. Mr. Stilwell discussed application and variances requested. Engineers discussed the site plan. Mr. Todd M Hay Engineer duly sworn explained location of facility. No objection from the public. Motion to approve by: KELLY/Ziobro YES: Kelly, Paneque, Weinstein, Acacia, Ziobro & Najarian. USE VARIANCE WITH SITE PLAN APPROVED.
9. APPLICANT: M.E. FLEMING
& SONS, INC.
BLOCK: 114 & 115 LOT: 1, 1.01 & 1.02 ZONE: R-3
LOCATION: 696 BENNETTS MILLS ROAD
Mr. Megill stated applicant is seeking a use variance to construct a hardware store in the R-3 zone using the NC-Zone requirements with variances requested. Atty. Steven Sachs representing the applicant and Martin and Shiela Fleming duly sworn. Martin Fleming explained he has run the hardware store for over 25 years and has been paying rent all those years now he wants to own the property instead of paying a lease. He and his family will still run the business. With the new proposed building he will be able to keep all merchandise contained in the building. Mr. Sachs explained they are only asking for the use and bulk variances they will come back for site plan approval. Bill Stevens Engineer described the surrounding area and property lay out with the existing dwelling. Mr. Megill explained they would need to do subdivision for consolidation and site plan. The Board requested a traffic study to be done with the site plan application. No objection from the public. Mr. Sachs and Mr. Fleming requested approval with stipulation for the existing rental property. Motion to approve with stipulaitions by: KELLY/Paneque YES: Kelly, Paneque, Weinstein, Acacia, Ziobro & Najarian. USE VARIANCE APPROVED WITH STIPULATIONS
ADJOURNMENT: Motion to adjourn meeting at 10:35 p.m. and go to closed session by KELLY/Weinstein YES: UNANIMOUS
CLOSED SESSION ADJOURNMENT: Motion to adjourn from closed session at 10:40 pm by KELLY/Weinstein YES: UNANIMOUS
The next meeting of the Zoning Board of Adjustment will be October 2, 2002 at the Senior Center on Don Connor Blvd. at 8:00 pm.
Respectfully Submitted,
Dawn D'Agostino, Recording Secretary