MINUTES OF THE REGULAR MEETING

OF THE TOWNSHIP OF JACKSON

ZONING BOARD OF ADJUSTMENT

NOVEMBER 6, 2002

 

 

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

 

 

 

ROLL Call:                          Scott Najarian, Chairman                               Meredith Acacia (Arrived at 8:08pm)

                                                Robert Paneque                                 Alt. #1Adam Ziobro

                                                Scott Weinstein

                                               

ABSENT:                               Michael Kelly, Vice Chair.

                                                Ronald Hampton, Sec’y

                                                James Sheeran

 

ALSO PRESENT:                Richard Megill, Director of Planning and Zoning

                                                Russel Cherkos, Board Attorney in Greg McGuckin’s absence

                                                Jeromie Lange, Board Engineer

Steve McCrystal, McCrystal Reporting

 

                                               

Scott Weinstein will act a Board Secretary in Ron Hampton’s absence.

 

                                               

MEMORIALIZATION OF RESOLUTIONS:

 

 

2002-96  Pasquale & Ruth Castellano- Block 53 Lot 33- Motion to approve by ZIOBRO/Weinstein YES: Paneque, Weinstein, Ziobro and Najarian. VARIANCE GRANTED

2002-97  Joyce Spoto- Block 64 Lot 7.01- Motion to approve by WEINSTEIN/Paneque YES: Paneque,   Weinstein, Ziobro & Najarian. VARIANCE GRANTED

2002-98  Sean & Kathleen Giblin- Block 64 Lot 11- Motion to approve by ZIOBRO/Paneque YES: Paneque, Weinstein, Ziobro & Najarian. VARIANCE GRANTED

2002-99  Milton & Nancy Perez- Block 137.02 Lot 12.01- Motion to approve by WEINSTEIN/Ziobro YES:Paneque, Weinstein, Acacia, Ziobro & Najarian. VARIANCE GRANTED

2002-100 Roger & Virginia Derickson 129.01 Lot 3.02- Motion to approve by KELLY/ Weinstein YES: Paneque, Weinstein, Acacia, Ziobro & Najarian. VARIANCE GRANTED

 

2002-101 Robert & Patricia Russo- Block 75.14 Lot 16- Motion to approve by ZIOBRO/Weinstein YES:  Paneque, Weinstein, Acacia, Ziobro & Najarian. VARIANCE GRANTED

 

2002-102 Jim Shannon-Block 69 Lot 4- Motion to approve by WEINSTEIN/Paneque YES: Paneque, Weinstein, Acacia, Ziobro & Najarian. VARIANCE GRANTED

 

2002-103 Jeff & Isha Baker- Block 127.01 Lot 10.01- Motion to approve by WEINSTEIN/Paneque YES: Paneque, Weinstein, Acacia, Ziobro & Najarian.  VARIANCE GRANTED

 

2002-104 William & Ibolya Durr- Block 126.28 Lot 23- Motion to approve by ZIOBRO/Weinstein YES: Paneque, Weinstein, Acacia, Ziobro & Najarian.  VARIANCE GRANTED

 

2002-105 Anthony Depalma- Block: 130.02 Lot 9.02- Motion to approve by WEINSTEIN/Paneque YES: Paneque, Weinstein, Acacia, Ziobro & Najarian.  VARIANCE GRANTED

 

2002-106 County Line Construction- Block 66.09 Lot 20- Motion to approve by ZIOBRO/Paneque YES: Paneque, Weinstein, Acacia, Ziobro & Najarian.  MAJOR SUBDIVISION APPROVED WITH STIPULATIONS.

 

2002-107 AT&T- Block 151.01 Lot 28- Motion to approve by ZIOBRO/Weinstein YES:  Paneque, Weinstein, Acacia, Ziobro & Najarian.  SITE PLAN APPROVED WITH VARIANCES

 

2002-108 Nancy Dilliplane & Earl Ball- Block 147.02 Lot 61.02- Motion to approve by WEINSTEIN/Paneque YES: Paneque, Weinstein, Acacia, Ziobro & Najarian.  VARIANCE GRANTED

 

2002-109 Richard & Sharon Demuth- Block 117 Lot 35 – Motion to approve by ZIOBRO/Weinstein YES: Paneque, Weinstein, Acacia, Ziobro & Najarian.  VARIANCE GRANTED

 

2002-110 After Disaster Housing Corp.- Block 154.33 Lot 18.01 & 20- Motion to approve by WEINSTEIN/Ziobro YES: Paneque, Weinstein, Acacia, Ziobro & Najarian.  MINOR SUBDIVISION APPROVED

 

2002-111 After Disaster Housing Corp.- Block 154.33 Lot 18.01 & 20 – Motion to approve by WEINSTEIN/Ziobro YES: Paneque, Weinstein, Acacia, Ziobro & Najarian.  USE VARIANCE AND SITE PLAN APPROVED

 

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

Page 2- Zoning Minutes of 11/06/02 (Continued)

 

 

 

VOUCHERS:                Will be held until reviewed by members.

 

 

ANNOUNCEMENTS:  The following applications will not be heard.

                #5 Burton and # 7 Matrin- due to they did not notice in time.

                #8 AT&T Block 40 Lot 36.02- application not complete they did not receive certificate of filing.

#12 Bauman- requested to be carried to December 4th meeting, the applicant wants to look into if variance needed or not.( no notice required.)

#15 & #16 Faraday Associates. Atty. Russel Cherkos stated the application should be for Major Subdivision not Minor, he left a message for the atty. Mr. York that they will have to re-notice correctly.

 

 

MATTERS FOR DISCUSSION: COOKS LANDING: Block: 111 Lot: 33.01, 33.02, and 36.01-36.03- Atty. Ray Shea discussed that at the last meeting they requested for the number of units to be lowered due to the preservation of the Cook house, but also they need to need to relocate the pool and tennis courts.  Jeromie Lange had no objection to the revised plans and will take responsibility of doing the administrative approval.                              

 

 

Mr. Megill and Board Engineer duly sworn.

 

 

APPLICATIONS:

 

 

1.                APPLICANT: THOMAS & ROBIN BEAMS

BLOCK: 126.01 LOT: 48                ZONE R-20

LOCATION: 26 FOREST DRIVE

 

Mr. Megill stated applicant is seeking a variance to construct a 24’x40’ detached garage for personal storage of antique vehicles on their property.  The maximum building coverage is 1455 per .50 acre lot and is proposing 2,072SF. Robin Beams duly sworn explained she lives in a small ranch with not basement and needs more storage. No objection from the public. Motion to approve by: ZIOBRO/Weinstein YES: Paneque, Weinstein, Acacia, Ziobro and Najarian.  VARIANCE GRANTED

 

 

2.                APPLICANT: BRIAN COAKLEY

                BLOCK: 135.15 LOT: 45                ZONE: R-1/R-3

                LOCATION: 7 KNIGHTS BRIDGE PLACE

 

Mr. Megill stated applicant is seeking a variance to construct a 16’X41’X24’ in-ground pool 10’ from their side yard where 20’ is required and also proposing 10’ from their rear property line where 15’ is required. Brian Coakley duly sworn explained the pool is for his family’s enjoyment and wants to put it in the corner so when not in use the children will have a play area.  The Board questioned why so close to the side yard if has such a large back yard. Russel Cherkos explained he needs to prove the hardship. The side yard is requested by the Board to be 15’ and will grant the 10’ rear yard.  No objection from the public. Motion to approve by: PANEQUE/Weinstein YES: Paneque, Weinstein, Acacia, Ziobro and Najarian.  VARIANCE GRANTED WITH STIPULATIONS.

 

 

3.                APPLICANT: FLOYD K NEEDHAM

                BLOCK: 96.01   LOT: 15.17      ZONE: R-1/R-3

                LOCATION: 1 CARROLL COURT

 

Mr. Megill stated applicant is seeking a variance to construct a shed 3’ from his rear property line where 15’ is required.  Floyde Needham duly sworn explained he wants to put the shed angled in the corner because he has a pool already on the property.  The Board questioned the 3’ in from property line and requests 6’.  No objection from the public. Motion to approve by: ZIOBRO/Weinstein YES: Paneque, Weinstein, Acacia, Ziobro and Najarian.  VARIANCE GRANTED WITH STIPULATIONS

 

 

4.                APPLICANT: GEORGE & IRENE POHOUNTIS

                BLOCK: 3.01           LOT: 7.03          ZONE: R-1/R-3

                LOCATION: 2 AGOSTINA DRIVE

 

Mr. Megill stated applicant is seeking a variance to construct a 6’ solid fence in their front yard on this corner lot. George Pohountis duly sworn explained he wants the fence for privacy and he will stay out of the sight triangle and would be about 30’ in from the sidewalk.  No objection from the public. Motion to approve by: ACACIA/Paneque YES:  Paneque, Weinstein, Acacia, Ziobro and Najarian.  VARIANCE GRANTED

 

 

 

Page 3- Zoning Minutes of 11/6/02 (Continued)

 

Applications Continued

 

 

 

5(6).                APPLICANT: LINDA TOOMA

                BLOCK: 96.09           LOT: 54                ZONE: R-1/R-3

                LOCATION: 1 WELLESLY COURT

 

Mr. Megill stated applicant is seeking a variance to construct a 5’ jerith fence in their front yard on this corner lot.  Samson & Linda Tooma duly sworn explained they want the fence for added protection for their pool.   No objection from the public. Motion to approve by: WEINSTEIN/Ziobro YES: Paneque, Weinstein, Acacia, Ziobro and Najarian.  VARIANCE GRANTED

 

 

6(9).                APPLICANT: AT&T

                BLOCK: 32.02          LOT: 5   ZONE: PV

                LOCATION: 785 MILLER AVENUE

 

Mr. Megill stated applicant is seeking a use variance due to height of tower and site plan approval to add additional antennas to existing tower and add 4 new equipment cabinets.  Atty. Joseph O’Neil and engineer Mr. Raffi Achiba duly sworn. Exhibit A-1 coverage map discussed with the gap in coverage in the proposed area.  Engineer Joseph Sullivan duly sworn described the site and the proposed antennas and cabinets. Mr. O’Neil agreed to put slots in the fence for privacy and stated they will comply with the Board engineers review letter. No objection from the public.  Motion to approve by: WEINSTEIN/Ziobro YES: Paneque, Weinstein, Acacia, Ziobro and Najarian.  USE VARIANCE AND SITE PLAN GRANTED

 

7(10).                APPLICANT: CEDAR KNOLL HOMES LLC

                BLOCK: 135.01 LOT: 22.08-22.33                          ZONE: R-1

                LOCATION: BARTLEY ROAD

               

Mr. Megill stated applicant is seeking a time extension of approval for final major #494 previously filed map # K-3147 dated 5/14/02.Harvey Onor representing the property owner and Mr. Weiss representing the contract purchaser duly sworn.   Jeromie Lange discussed the Board signing the plans retro active approval. Mr. Megill pointed out the Zoning change.  Mr. Weiss discussed the problem with the number of mylars to be sent to the County for filing. Mr. Shea requested the extension be granted for 3 years.  No objection from the public.  Motion to approve two 1 year extensions by: ZIOBRO/Paneque YES: Paneque, Weinstein, Ziobro and Najarian. Acacia abstained.  TIME EXTENSION GRANTED

 

8(11).                APPLICANT: HAL HVIDSTEN(LIMO LINE)

                BLOCK: 111          LOT: 1.02 & 2                ZONE: HC

                LOCATION: N. COUNTY LINE ROAD

 

Mr. Megill stated applicant is seeking a variance for the existing dwelling to remain as such along with the right to use dwelling as a commercial vehicle rental and car sales business.  Atty. Ray Shea explained this type of application needs 5 votes and there are only 5 member present at this time.  Mr. Megill explained that violations have been issued due to there are not approvals on this property.  Hal Hvidsten duly sworn.  Mr. Shea described the plans with the existing buildings. Jeromie Lange pointed out that mixed use not permitted. Scott Najarian explained that the issue of violation must be straightened out prior to being heard and the Code Enforcer must be contacted to produce violations.  Mr. Shea asked to be carried to the December 4th meeting.

 

9(13).                APPLICANT: DEBRA MCKELVEY

                BLOCK: 118.06     LOT: 12           ZONE: OLD R-9

                LOCATION: ELM STREET

 

Mr. Megill stated applicant is seeking a variance to develop this isolated lot in the old R-9 Zone and is using the R-1 standards which required variances for lot size and lot width, 150’ required and providing 75’.   Atty. Ray Shea and engineer William Stevens duly sworn.  Mr. Shea explained this is a isolated lot and discussed the buy/sell letter sent to the adjacent lots with no response.  Bill Stevens of PDS discussed the proposed dwelling and surrounding area. Scott Najarian questioned Judge Serpentelli’s criteria for isolated lots.  Jeromie Lange agreed with the hardship for the case.   Public Portion.  Henry Forte- 6 Elm Street, discussed letter sent as if building built on it.  Russel Cherkos explained buy /sell letter.  Mr. Forte expressed his concern for 40 to 50 foot tall oak trees that would have to be cut down and the R-3 requirements. Barbara McGuire- 2 Elm Street, has lived there for 7 years and explained the prior subdivision of the lot.  Mr. Megill stated he did research in his office and the subdivision must have been by deed.  Mr. Shea asked for the application to be carried to January 15th meeting and he will contact the neighbors prior to the meeting.  

 

10(14).                APPLICANT: BRYAN HENRY

                BLOCK: 35.01            LOT: 48                    ZONE: PV

                LOCATION: LAKEHURST AVENUE

 

Mr. Megill stated applicant is seeking a variance to construct a single family dwelling in the PV Zone, lot width required 250’ and providing 105.87’ also side yard setback 25’ required and proposing 17’4”.  Not a lot of record.  Atty. Michael Irene and Brian Henry duly sworn, Mr.

Page 4- Zoning Minutes of 11/6/02 (Continued)

 

Applications Continued

 

 

Henry wants to live in the 2,200 sf home after it is built.  Mr. Irene and Mr. Henry discussed the proposed home and property.  Jeromie Lange suggests the driveway be moved over 5’ which Mr. Henry agreed. Public portion.  Al Plungis- Route 571, has complaint with setback and explained there is a small lot available next to property. Russel Cherkos discussed the lot width variance needed. Public portion closed. Motion to approve with stipulations by: WEINSTEIN/Ziobro YES: Paneque, Weinstein, Acacia, Ziobro and Najarian.  VARIANCE GRANTED

 

 

11(17).                APPLICANT: CHILD CARE AT JACKSON, LLC (GODDARD SCHOOL)

                BLOCK: 85              LOT: 17.03      ZONE: NC

                LOCATION: WEST VETERANS HIGHWAY

 

Mr. Megill stated applicant is seeking a minor subdivision to create one new lot.  Applicant is seeking a use variance since they cannot comply with the conditional use requirement 109-103.B.  Applicant is seeking site plan approval for a day care center.  Atty. Ray Shea and engineer William Stevens duly sworn.  Mr. Stevens discussed the revised plans submitted to the engineer and the Board which address the parking, basin and bus lanes issues. Mr. Shea explained the variances requested. No objection from the public. Motion to approve by: WEINSTEIN/Ziobro YES: Paneque, Weinstein, Acacia,  Ziobro and Najarian.  MINOR SUBDIVISION AND SITE PLAN GRANTED

 

 

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

 

 

ADJOURNMENT:               Motion to adjourn meeting at 10:59 p.m. by: ZIOBRO/ Acacia YES: UNANIMOUS

 

The next meeting of the Zoning Board of Adjustment will be December 4, 2002 at the Senior Center on Don Connor Blvd at 8:00 pm.

 

 

Respectfully submitted,

 

 

 

Dawn D’Agostino, Recording Secretary