MINUTES OF THE REGULAR MEETING

OF THE TOWNSHIP OF JACKSON

ZONING BOARD OF ADJUSTMENT

OCTOBER 2, 2002

Chairman, Scott Najarian called the meeting to order at 8:05P.M. With a salute to the flag. Attorney Gregory McGuckin read the Open Public Meeting Act Statement.

ROLL Call: Scott Najarian, Chairman Scott Weinstein

Michael Kelly, Vice Chair. Meredith Acacia

Ronald Hampton, Sec’y (Arrived at 8:25pm) James Sheeran

Robert Paneque Alt. #1Adam Ziobro

ABSENT:

ALSO PRESENT: Richard Megill, Director of Planning and Zoning

Gregory McGuckin, Board Attorney

Jeromie Lange, Board Engineer

Steve McCrystal, McCrystal Reporting

ANNOUNCEMENTS: James Sheeran has been made a full member and Adam Ziobro is alternate #1, they were welcomed to the Board.

MEMORIALIZATION OF RESOLUTIONS:

2002-86 Shahid Zaidi-Block 66.09 Lot 22.03- Motion to approve by ACACIA/Kelly YES: Kelly, Paneque, Weinstein, Acacia, Ziobro & Najarian. VARIANCE DENIED

2002-87 Carl & Denise Anderson- Block 94.01 Lot 14- Motion to approve by KELLY/Weinstein YES: Kelly, Paneque, Weinstein, Acacia, Ziobro & Najarian. VARIANCE GRANTED

2002-88 Florenceio & Zoraida Caceres- Block 85 Lot 8- Motion to approve by KELLY/Weinstein YES: Kelly, Paneque, Weinstein, Acacia, Ziobro & Najarian. VARIANCE GRANTED

2002-89 Barbara Benson & George Warmkessel- Block 40 Lot 41.13- Motion to approve by KELLY/Paneque YES: Kelly, Paneque, Weinstein, Acacia, Ziobro & Najarian. VARIANCE GRANTED

2002-90 Patrick Greenway- Block 129.01 Lot 3.02- Motion to approve by KELLY/ Weinstein YES: Kelly, Paneque, Weinstein, Acacia, Ziobro & Najarian. VARIANCE GRANTED

2002-91 Peter & Janet Albrecht- Block 78.30 Lot 5- Motion to approve by KELLY/Weinstein YES: Kelly, Paneque, Weinstein, Acacia, Ziobro & Najarian. VARIANCE GRANTED

2002-92 Stephen Kodak Jr. - Block 154.01 Lot 2.11- Motion to approve by WEINSTEIN/Paneque YES: Kelly, Paneque, Weinstein, Acacia, Ziobro & Najarian. VARIANCE GRANTED

2002-93 Enrico Arnedo- Block 51.49 Lot 23- Motion to approve by KELLY/Weinstein YES: Kelly, Paneque, Weinstein, Acacia, Ziobro & Najarian. VARIANCE GRANTED

2002-94 M.E. Fleming & Sons, Inc. - Block 114 & 115 Lot 1, 1.01 & 1.02- Motion to approve by KELLY/Weinstein YES: Kelly, Paneque, Weinstein, Acacia, Ziobro & Najarian. USE VARIANCE APPROVED WITH STIPULATIONS

2002-95 Nextel of NY Inc. - Block 32.02 Lot 5- Motion to approve by ACACIA/Paneque YES: Kelly, Paneque, Weinstein, Acacia, Ziobro & Najarian. USE VARIANCE WITH SITE PLAN APPROVED

MINUTES: Not ready will be submitted at the December meeting for approval.

VOUCHERS: Will be held until reviewed by members.

MATTERS FOR DISCUSSION:

GODDARD SCHOOL: Block: 85 Lot: 17.03

Mr. Shea discussed the revised plans for the school and explained the concept plan revisions that addressed the Board and Engineers concerns. Also Bill Stevens discussed the meetings with Mr. Vanarsdale in reference to the Fire Prev. review and the Jackson Twp. Transportation for the schools which at this time there will be no bus service provided to the proposed Goddard School. Mr. Shea explained that Mr. & Mrs. Bosley want to remain in the existing dwelling, she is a teacher and wishes to stay in the school district. The Board questioned what type of plan is set for evacuation if there is an emergency, which Mr. Shea stated there, would be a meeting with Capt. Newman to review the traffic safety review.

COOKS LANDING: Block: 111 Lot: 33.01, 33.02, and 36.01-36.03

Mr. Shea discussed Cooks Landing modification; they need to have the number of units lowered from 334 to 332 due to the State Heritage Office request for the preservation of the Cook House and the front’s cape of the property. Also discussed was the 99 year lease of the home with the option to the Township to purchase the property. The Board agreed to let Jeromie Lange do a review and to do an administrative approval for the changes.

Page 2- Zoning Minutes of 10/2/02 (Continued)

ANNOUNCEMENTS: Application #10 Dion & Zina Martin, bulk variance and application # 18 AT&T site plan will be carried to the November 6^th meeting, no additional notice required.

Mr. Megill and Board Engineer duly sworn.

APPLICATIONS:

1. APPLICANT: PASQUALE & RUTH CASTELLANO

BLOCK: 53 LOT: 33 ZONE RG-2

LOCATION: 139 GRAWTOWN ROAD

Mr. Megill stated applicant is seeking a variance due to this is an expansion of a non-conforming building, minimum side yard required is 20’ and is proposing 12.22’. Pasquale Castellano duly sworn explained he wants to add to the existing pole barn. The barn area is wooded he wants to use the barn for personal storage of his tractor and antique cars. No objection from the public. Motion to approve by: HAMPTON/Paneque YES: Hampton, Kelly, Paneque, Weinstein, Acacia, Sheeran, Ziobro and Najarian. VARIANCE GRANTED

2. APPLICANT: JOYCE SPOTO

BLOCK: 64 LOT: 7.01 ZONE: R-1/R-3

LOCATION: 370 FREEHOLD ROAD

Mr. Megill stated applicant is seeking a variance to construct an addition within 16’ of their side yard where 20’ is required. Joyce Spoto duly sworn explained her home doesn’t have a garage and since she has 4 children she wants a den and a study. No objection from the public. Motion to approve by: SHEERAN/Weinstein YES: Hampton, Kelly, Paneque, Weinstein, Acacia, Sheeran, Ziobro and Najarian. VARIANCE GRANTED

3. APPLICANT: SEAN & KATHLEEN GIBLIN

BLOCK: 64 LOT: 11 ZONE: R-1/R-3

LOCATION: 515 S. COOKS BRIDGE ROAD

Mr. Megill stated applicant is seeking a variance to construct a deck 5’ from his side yard where 20’ is required, he also is seeking to construct a 12’x16’ shed 2’ from his side yard where 15’ is required and applicant is seeking to construct a 6’ solid fence in his front yard. Sean Giblin duly sworn explained he has an irregular shaped lot with a slope and doesn’t want to affect the drainage. He also stated the neighbor’s backyard is his front yard and the existing fence is falling down. Picture marked as exhibit A-1 submitted. No objection from the public. Motion to approve by: HAMPTON/Ziobro YES: Hampton, Kelly, Paneque, Weinstein, Acacia, Sheeran, Ziobro and Najarian. VARIANCE GRANTED

4. APPLICANT: MILTON & NANCY PEREZ

BLOCK: 137.02 LOT: 12.01 ZONE: R-1/R-3

LOCATION: 706 HYSON ROAD

Mr. Megill stated applicant is seeking a variance to construct a 6’ solid fence in their front yard on this corner lot. Milton Perez duly sworn explained he wants the fence to his 2 dogs and wants to keep down the traffic sounds. No objection from the public. Motion to approve by: KELLY/Weinstein YES: Hampton, Kelly, Paneque, Weinstein, Acacia, Sheeran, Ziobro and Najarian. VARIANCE GRANTED

5. APPLICANT: ROGER & VIRGINIA DERICKSON

BLOCK: 78.11 LOT: 5 ZONE: R-9

LOCATION: 10 LAURELTON

Mr. Megill stated applicant is seeking a variance to construct a 6’ solid fence in their front yard on this corner lot. Roger Derickson duly sworn explained he is on a corner lot and with two fronts he requested to be 10’ in from property line due to the small lot size. No objection from the public. Motion to approve by: WEINSTEIN/Acacia YES: Hampton, Kelly, Paneque, Weinstein, Acacia, Sheeran, Ziobro and Najarian. VARIANCE GRANTED

6. APPLICANT: ROBERT & PATRICIA RUSSO

BLOCK: 75.14 LOT: 16 ZONE: R-15

LOCATION: 19 BIRMINGHAM DRIVE

Mr. Megill stated applicant is seeking a variance to construct an addition to their existing dwelling where the side yard setback required is 15’ and is proposing 10’. Robert Russo duly sworn explained he wants to add 8’ out and back to put 2 bedrooms, he will leave 10’ to property line also the home has city sewer and water. No objection from the public. Motion to approve by: ACACIA/Weinstein YES: Hampton, Kelly, Paneque, Weinstein, Acacia, Sheeran, Ziobro and Najarian. VARIANCE GRANTED

Page 3- Zoning Minutes of 10/2/02 (Continued)

Applications Continued

7. APPLICANT: JIM SHANNON

BLOCK: 69 LOT: 4 ZONE: R-1/R-3

LOCATION: 241 N. HOPE CHAPEL ROAD

Mr. Megill stated applicant is seeking a variance to construct a 17’x42’ porch to the front of his house where the required front setback is 60’ and are proposing 27’. Jim Shannon duly sworn explained he wants the porch for when the weather is bad and to enjoy in the nice weather. No objection from the public. Motion to approve by: SHEERAN/Weinstein YES: Hampton, Kelly, Paneque, Weinstein, Acacia, Sheeran, Ziobro and Najarian. VARIANCE GRANTED

8. APPLICANT: JEFF & ISHA BAKER

BLOCK: 127.01 LOT: 10.01 ZONE: R-9

LOCATION: 2 CLIFFWOOD COURT

Mr. Megill stated applicant is seeking a variance to construct an in-ground pool and 6’ solid fence in their front yard on this corner lot. They also wish to construct a 10’x10’ shed 3’ from their side yard where 10’ is required. Jeff & Isha Baker duly sworn. Jeff explained he has 3 children and wants to have a secure play area. No objection from the public. Motion to approve by KELLY/Weinstein YES: Hampton, Kelly, Paneque, Weinstein, Acacia, Sheeran, Ziobro and Najarian. VARIANCE GRANTED

9. APPLICANT: WILLIAM & IBOLYA DURR

BLOCK: 126.28 LOT: 23 ZONE: R-15

LOCATION: 9 UPPER PENNSYLVANIA AVE

Mr. Megill stated applicant is seeking a variance to construct a 17’x44’ mother daughter addition to their home where the side yard setback required is 15’ and is proposing 11’. William Durr duly sworn explained he wants to have his mom live with them. He stated he has city sewer. No objection from the public. Motion to approve by: SHEERAN/Acacia YES: Hampton, Kelly, Paneque, Weinstein, Acacia, Sheeran, Ziobro and Najarian. VARIANCE GRANTED

11. APPLICANT: ANTHONY DEPALMA

BLOCK: 130.02 LOT: 9.02 ZONE: R-3

LOCATION: 909 FARMINGDALE ROAD

Mr. Megill stated applicant is seeking a variance to develop this lot in the R-3 Zone where 3 acres are required and the applicant is providing .92 of an acre. Also needs a variance for side yard setback where 50’ required and is proposing22’ and the front yard setback 80’ required and is providing 60’ on this corner lot. Attorney Carmine Villani representing applicant and Anthony Depalma duly sworn. Mr. Villani explained that Mr. Depalma in April of 2001 was in contract with a modular company to build home but they took off with the money. He had difficulty acquiring the money to start again, in the meantime he sold his existing home and he and his family had to find alternate housing and storage of their belongings. He now has a contract with Garofolo to build his home but the zoning changed and needs the variances to build. No objection from the public. Greg McGuckin stated he would waive the resolution fees for Mr. Depalma. Motion to approve by: KELLY/WEINESTEIN YES: Hampton, Kelly, Paneque, Weinstein, Acacia, Sheeran, Ziobro and Najarian. VARIANCE GRANTED

12. APPLICANT: COUNTY LINE CONSTRUCTION

BLOCK: 66.09 LOT: 20 ZONE: R-3

LOCATION: SAMS ROAD

Mr. Megill stated applicant is seeking a subdivision to create 6 non-conforming lots in the R-3 Zone using the R-1 standards. Attorney Gary Benson and Engineer Frank Baer duly sworn, Mr. Benson explained the hardship due to the change with the zoning from one acre to three acres. The Planning Board dismissed with out prejudice. Frank Baer discussed the proposed 6 lot subdivision. Scott Najarian stated his concerns with wetland areas close to the proposed homes. Jeromie Lang discussed the request for waivers, he agrees with the waiver of partial sidewalks but he disapproves of the waiver of shade trees. Storm water flow discussed. Peter Kitay- 513 N. County Line Road duly sworn stated he has owned the property for over 7 years, but has been waiting for his wetlands approval. Board questioned width of roadway, and lowering the number of proposed homes. Public portion. John Giblin -102 Sams Road lives next door to the property he has been there 32 years. He has concerns for the sewer lines, flooding of his property and road widening. Also he explained the garbage truck has to back up street due to too narrow. Renee Hein- 17 Dove Mill Crescent stated her concerns for water problem. Robert Redington- 225 N. Hope Chapel Road stated he is with the Fire Commission for his district and has reviewed the proposal and feels the road can accommodate any emergency vehicles if needed. And he is in favor of the proposed application. Public portion closed. The Board members stated their concerns and wishes for the number of homes to be lowered.

Four minute break

Motion to approve for 3 lots with stipulations by: KELLY/Ziobro YES: Hampton, Kelly, Paneque, Weinstein, Acacia, Sheeran, Ziobro and Najarian. MAJOR SUBDIVISION APPROVED WITH STIPULATIONS

VOUCHERS: Motion to approve as submitted by: ACACIA/Kelly YES: Hampton, Kelly, Paneque, Weinstein, Acacia, Sheeran, Ziobro and Najarian. Motion approved.

Page 4- Zoning Minutes of 10/2/02 (Continued)

15. APPLICANT: RICHARD & SHARON DEMUTH

BLOCK: 117 LOT: 35 ZONE: R-3

LOCATION: HICKORY ROAD

Mr. Megill stated applicant is seeking to develop this site for a single family dwelling where 3 acres are required and the applicant is providing 2+ acres. Also lot depth required is 400’ and is providing 293’. Attorney Ray Shea and Engineer William C. Longo duly sworn. Mr. Shea explained this is an isolated lot on Hickory Road they sent the buy/sell letters to all adjacent lots with no response except for the Township that they do not sell their land. He also explained the family has been Jackson residents and still want to live in Jackson. Engineer Mr. Longo described the property and the surrounding area. Richard Demuth duly sworn explained he wants to build a mother-daughter home for his wife’s mother to live with them. They also have 3 daughters that want to stay in Jackson schools. Jeromie Lang and Mr. Megill discussed that Hickory Road is a semi-improved road and would be subject to a road agreement. No objection from the public. Motion to approve by: SHEERAN/Weinstein YES: Hampton, Kelly, Paneque, Weinstein, Acacia, Sheeran, Ziobro and Najarian. VARIANCE GRANTED

Note: Steve McCrystal steps down since AT&T brought a court reporter Angela Busrantusro, with Veritext Court Reporting, (732-446-3773)

13. APPLICANT: AT&T

BLOCK: 151.01 LOT: 28 ZONE: LM

LOCATION: 340 BISMARK ROAD

Mr. Megill stated applicant is seeking preliminary and final site plan approval with variances to install a telecommunications facility consisting of 6 antennas on a proposed monopole and add equipment cabinets. Also proposed fall zone distance is less than required per township ordinance section 109-204, a (2). Judy Babinski on behalf of AT&T, Rafi Achiba Frequency Engineer duly sworn. Ms. Babinski explained there is no service in the proposed area, exhibit A-1 marked was a coverage map. Mr. Achiba discussed the four additional sites in the municipality and the gap in coverage area. Ms. Babinski stated they would be back before the Board for the additional coverage areas. Civil Engineer Jay Kruse duly sworn discussed the proposed site plan. Planner Peter Tolischus duly sworn discussed area of site and exhibits marked as A-2, A-3 and A-4 photos. No objection from the public. Motion to approve by: KELLY/Acacia YES: Hampton, Kelly, Paneque, Weinstein, Acacia, Sheeran, Ziobro and Najarian. SITE PLAN APPROVED WITH VARIANCES.

14. APPLICANT: NANCY DILLIPLANE & EARL BALL

BLOCK: 147.02 LOT: 61.02 ZONE: R-3

LOCATION: JACKSON MILLS ROAD

Mr. Megill stated applicant is seeking a variance to construct a single family dwelling in the R-3 Zone. The front setback required is 80’ and proposing 50’. Also the lot has insufficient lot depth where 400’ required and providing 196+’. Attorney Ray Shea representing the applicant explained the hardship and variances requested. No objection from the public. Motion to approve by: SHEERAN/Kelly YES: Hampton, Kelly, Paneque, Weinstein, Acacia, Sheeran, Ziobro and Najarian. VARIANCE GRANTED

16. APPLICANT: AFTER DISASTER HOUSING CORP.

BLOCK: 154.33 LOT: 18.01 & 20 ZONE: NC/LM

LOCATION: W. COMMODORE & PATTERSON ROAD

Mr. Megill stated applicant is seeking a minor subdivision for lot consolidation. Attorney David Lonskie, Principal of After Disaster Michael Bielski and Engineer/ Planner Richard Butrin duly sworn. Michael Bielski explained his service to the public and the main storage and maintenance facility in Jackson which he houses the trailers. He explained the existing storage lot is too crowded. Mr. David Lonskie discussed the purchase of 8 acres; lot 18.01 would be consolidated to one lot. The trailers are inspected annually by the fire inspector. Mr. Bielski had the opportunity to discuss with the neighbor of lot 7 buffers and fences. No objection from the public. Motion to approve by: ACACIA/Weinstein YES: Hampton, Kelly, Paneque, Weinstein, Acacia, Sheeran, Ziobro and Najarian. MINOR SUBDIVISION APPROVED

17. APPLICANT: AFTER DISASTER HOUSING CORP.

BLOCK: 154.33 LOT: 18.01 & 20 ZONE: NC/LM

LOCATION: W. COMMODORE & PATTERSON ROAD

Mr. Megill stated applicant is seeking a use variance and site plan approval to expand storage yard and landscape berm for these properties in the LM and HC Zone. Attorney David Lonskie discussed the Maser review letter and Mr. Butrin will work out item #24 with the Engineer. Jerome Lange will make a site visit with Michael Bielski to discuss and review the site. Motion to approve by: KELLY/Weinstein YES: Hampton, Kelly, Paneque, Weinstein, Acacia, Sheeran, Ziobro and Najarian. USE VARIANCE AND SITE PLAN APPROVED.

ADJOURNMENT: Motion to adjourn meeting at 11:14 p.m. by: KELLY/ Acacia YES: UNANIMOUS

The next meeting of the Zoning Board of Adjustment will be November 6, 2002 at the Senior Center on Don Connor Blvd at 8:00 pm.

Respectfully submitted,

Dawn D’Agostino, Recording Secretary