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November 3, 2011 minutes


The November 3, 2011 Regular Meeting of the Board of Adjustment opened at 7:30pm. The clerk read the notice of notice of compliance with the "Open public meetings act." Present were Board members: Mr. Palisi, Mr. Spader, Mr. Reynolds, Mr. Ardito and Mr. Loder

Absent – Wolfersberger, Struncius, Reilly and Renner

Motion by Mr. Ardito, second by Mr. Reynolds to memorialize the action and vote approving application #2011-11 of Matthew and Carlene Rega with conditions.

In favor: Spader, Reynolds and Ardito
Opposed- None

Motion by Mr. Ardito, second by Mr. Reynolds to memorialize the minutes from the September 15, 2011 meeting.

In favor: Spader, Reynolds and Ardito

Motion by Mr. Spader, second by Mr. Reyolds to memorialize the action and vote approving the minutes of October 6, 2011 meeting.
In favor – Spader, Reynolds and Ardito

Application #2011-12 – Erik Erickson – 47A Inlet Drive – Block175; Lot 22.02 – Applicant seeks certificate of pre-existing non-conformity; Home predated ordinance changing area to MC zone; Applicant also looking to install pavers in driveway.

Erik Erickson applicant stated his family has owned the home since 1968 and has recently become the sole owner about a month ago. He was unaware that the zone had changed and is here to seek the certificate of pre-existing non-conformity and a variance to install a paver easement.
James Consdtatnine, Professional Planner, has appeared before Metuchen, Hillsboro and Linden Boards. Aerial photos from the web site vintage photos depicting the home there in the 1950’s. Photos marked A-3, A-4 and A-5. Applicant stated that the neighbors park on his easement. He has tried through the years to get them to stop parking on his easement and he feels the pavers will help alleviate the conflict. He has tried to be a good neighbor and does not want to have to serve a legal notice. He is hoping that they will respect the easement once it is pavers. Erik Erikson stated that his rear neighbor has trouble accessing her home because the neighbors keep blocking the easement.

Deliberations –

Mr. Spader - Sad that the neighbor has to go to this length to get the neighbors to not park on his property. Has no problem with the application in favor

Mr. Reynolds – Does not have a problem with application. In favor. Concerned the paver upkeep. In favor

Mr. Ardito – There is no expansion – In favor

Motion by Mr. Reynolds, second by Mr. Spader to approve the pre-existing non-conformity certification.

In favor - Loder, Spader, Palisi, Reynolds and Ardito
Opposed - None

Motion by Mr. Reynolds, second by Mr. Spader to approve the installation of pavers in the easement.

In favor - - Loder, Spader, Palisi, Reynolds and Ardito
Opposed - None

Application #2011-13 – Tom Cicalese – 109 St. Louis – Block 156; Lot 3 – Applicant wishes to construct a 6 foot by 36 foot front porch.

Carried from October 20, 2011 without notice

Mr. Palisi and Mr. Loder have listened to the audio of the prior meeting and signed a certification and may vote on this matter.

Rocco DeSantis builder for applicant stated that they will remove 1.8% concrete from the top of the driveway and make it a walkway and install landscaping. The applicant cannot afford to install pavers. The applicant has chosen not to reset the stairs. The porch will be masonry, cinder block footings and brick façade. The porch is 21 inches high with railing; no roof is proposed


Mr.Loder – Applicant listened to the professionals. In favor

Mr. Spader – Applicant listened to the suggestions of the board…In favor

Mr. Ardito – Glad the applicant took the boards suggestions. In favor

Motion by Mr. Spader, second by Mr. Reynolds to approve application #2011-13 of Thomas Cicalese with conditions

In favor: Loder, Spader, Palisi, Reynolds and Ardito
Opposed - None


1. The applicant is to reduce the impervious coverage to 51.8%, which will be achieved by removing 3.5 feet of existing concrete the length of the house along the north side of the house.

2. The applicant is to submit an as built certification as to actual impervious coverage.

3. The applicant is to submit a landscape plan to the Board’s Engineer for his review and approval that shows landscaping as described to the Board at the time of both hearings which is to include foundation plantings.

Application# 2011-16 – Anthony Fernicola – 18 New Jersey Avenue – Block 44; Lot 1 – Applicant wishes to construct new entry stairs and replace existing stairs with narrower stair.

Anthony Fernicola, applicant and Paul Barlo, Professional Architect and Planner, sworn. Paul Barlo’s credentials are accepted. Applicant is looking to relocate the front entrance. There will not be any increase in building coverage and will not impact the site triangle. They believe the new location will be aesthetically pleasing. The tree will be relocated on the west side of the newly proposed walkway.

Spader – It is a very nice addition. In favor
Palisi- It is a beautiful addition; enhances the property. In favor.
Ardito – His two concerns were addressed. In favor
Reynolds – It is really going to look nice. In favor

Motion by Mr. Spader, second by Mr. Loder to approve application #2011-16 with conditions.

In favor: Loder, Spader, Palisi, Reynolds and Ardito
Opposed: None

1. All changes to the façade will match the existing materials.
2. The existing tree where the new stairs are to be installed is to be relocated to the west of the walkway.

Meeting adjourned at 8:45pm
Attest: Karen L. Mills, Clerk of the Board

Published January11, 2012 | Board of Adjustment Minutes | 1295

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