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September 20, 2012

Minutes

The September 20, 2012 Regular meeting of the Board of Adjustment opened at 7:30pm. The clerk read the notice of compliance with the "Open public meetings act." Present were Board members: Wolfersberger, Spader, Reilly, Kelly and Ardito
Absent: Struncius, Renner and Loder
Motion by Mr. Reilly, second by Mr. Ardito to memorialize the
August 16, 2012 BOA minutes
In favor: Wolfersberger, Spader, Reilly, Kelly and Ardito
Opposed: None

Motion by Mr. Wolfersberger, second by Mr. Ardito to memorialize the minutes of The August 16, 2012 BOA meeting
In favor: Wolfersberger, Spader, Reilly, Kelly and Ardito
Motion by Mr. Spader, second by Mr. Kelly to memorialize the action and vote approving application #2012-18 of Carol and Richard Salgado with conditions –
In favor: Wolfersberger, Spader, Kelly, Reilly and Ardito
Opposed: None

Memorialize Resolution #2012-09(2) – Roman Barsky (Antique Emporium) - Ray Savacool updated the
Board on the revised submitted site plan requested by the board. Mr. Ardito questioned the safety of the roof top garden seating area; the Board added a condition that the rail height around the roof top garden will be four (4) feet high for safety.
Motion by Mr. Ardito, second by Mr. Wolfersberger to memorialize the action and vote approving application of Roman Barsky #2012-09(2) with the additional condition of the safety rail around the roof top garden seating area to be added to the existing conditions. Revised plan is to be submitted.
In favor: Wolfersberger, Spader, Kelly, Reilly and Ardito
Opposed: None

Motion by Mr. Wolfersberger, second by Mr. Ardito to carry application #2012-19 of Sweet Escape Bungalow, 115 Randall Avenue and application #2012-15 Of Simione, 300 Trenton Avenue to November 1, 2012 without notice.
In favor: Wolfersberger, Spader, Kelly, Reilly and Ardito
Opposed: None


Application - #2012- 16 – Don Alonzo – 58 Channel Drive – Block 164; Lot 5 – Applicant wishes to construct a six (6) foot fence.
Don J. Alonzo, applicant, sworn. Applicant stated that he is looking to install a six (6) foot white vinyl fence in his side yard to help block the view of the next door home that has been damaged by fire five (5) years ago. Mr. Reilly inquired how close the fence will be to the property line. Don Alonzo replied that it will be right on the property line between the two driveways. Ray Savacool stated that there is no rule prohibiting the fence from being placed on the property line, only the height is restricted. Don Alonzo stated that the problem is the house is abandoned and that someone rents the garage who is a garbage picker and for five (5) years there has been nothing but garbage everywhere. Applicant is sick and tired of looking at that view. Don Alonzo does not understand why the township lets burned out eyesores sit for over five (5) years. Mr. Kelly inquired if the applicant has been to the zoning department. (yes) Don Alonzo stated that he has tried to buy the property. Mr. Spader inquired if they let him have the six (6) foot fence and next year the home is torn down would he remove the six (6) foot fence? Don Alonzo replied it would depend on who was living there; he stated that this guy has let him suffer for over five (5) years. Mr. Kelly said they have to consider how this fence would affect that property if someone new was to move there. Mr. Kelly said it looks as if you have a problem with the zoning and building office. Don Alonzo wants to know long he is supposed to wait; this is my home. Mr. Kelly inquired if the property is habitable? No one knows how damaged the home is. Dennis Galvin said that the Board is froze out. Dennis Galvin believes that a notice of violation should go out. The owner (John D’Auria) stands up and says that he has plans for a new home. Ray Savacool inquired if he plans on raising the home. (No) The owner is not going to knock it down. Ray Savacool informed him that he will have to comply with the flood ordinance. Dennis Galvin inquired when he lost his mom (April 2012). The owner is opposed to the six (6) foot fence and stated that is has cleaned up the garbage on the property and Don Alonzo confirmed that the garbage has been picked up. Mr. Wolfersberger said that he cannot approve a six (6) foot fence. Don Alonzo stated that the guy who rents the garage told him today that he would be back. John D’Auria said that the guy who rented the garage will just be back to cut the grass. The owner said that he is going to occupy the home once it is renovated. John D’Auria stated that no one will be renting or occupying the garage.
Dennis Galvin said they are going to try to make it come out as right as they can. Dennis Galvin believes the board should not make a decision now and carry the application to a future date and see if the owner keeps his word. Ray Savacool informed the neighbor that his home will require a variance. If this has not been resolved by March of 2013 the board will reconsider the fence. Don Alonzo replied that he is frustrated that he had to get to this point just to get the neighbor to finally address this problem. Dennis Galvin encouraged the two neighbors to continue the dialogue.

Application #2012-22 - Noreen Laico – 210 Sanborn Avenue – Block 154; Lot 5 ; Applicant wishes to construct a 12 foot by 24 foot deck.
Noreen Laico, applicant, sworn. Applicant was in the process of renovating her home when she was informed that decks were considered building coverage and the deck would put her over the allowable amount permitted. Michael McCarthy Professional Builder, sworn explained that the deck needs to be 12 by 24 feet to reach both rear doors. The deck will be 3 steps, 4 risers, and 36 inches off the ground. Treated lumber for frame, timber tek decking and fiber glass rails. Dennis Galvin questioned if they could make the deck 10 feet wide instead of 12 feet. Mike McCarthy commented that the steps are recessed into the deck. Mr. Wolfersberger stated that 3.5% is a large deck and does not believe that you need a deck for both doors and wants to see the deck smaller. Mr. Spader believes that a 10 foot deck is also a nice sized deck and that the applicant can reconfigure it. Ray Savacool said that that would bring building coverage to 32.8%. Mr. Ardito believes that the deck will have spaces for water to pass through and recharge which makes a big difference to him.
No audience questions/comments
Deliberations
Mr. Wolfersberger – Recharging is a plus but would like something a little smaller.
Mr. Spader – I can live with the 24 by 10 foot deck. It accomplishes what you need.
Mr. Kelly – On the fence, what is proposed is much too large. Debating about the 10 foot width.
Mr. Ardito – based on the idea it is a wooden deck and the water recharges, it is better than a foundation. Would be better if reduced to 10 by 24 foot deck. Positive is it is a deck that water can recharge; negative is that it is over on building coverage.
Vice-Chairman Reilly – Believes the ability for water to run off is a plus; finds the 35.5% to be too much, can live with the 32.8%.
Motion by Mr. Spader, second by Mr. Ardito to approve application #2012-22 of Noreen Laico with conditions.
In favor: Wolfersberger, Spader, Kelly, Reilly and Ardito
Opposed: None
Conditions
1. Deck is to have lattice around base of deck.
2. Deck is to have treated lumber frame, timber tek decking and fiber glass rail.

Application approved with conditions


Application - #2012-19 – Sweet Escape Bungalow LLC c/o Frank Dominguez – 115 Randall Avenue- Block150;Lot 8 – Applicant wishes to demolish the existing single family dwelling and construct a new single family dwelling.
Applicant is requesting to be adjourned to November 1, 2012
Application #2012-15 – – Mario Simione – 300 Trenton Avenue - Block 70; Lot 20 – Applicant wishes to construct a new family dwelling (Revised plans)
Application carried without notice from June 21, 2012 meeting
Applicant is requesting to be adjourned to November 1, 2012


Meeting adjourned at 9:40pm
Attest: Karen L. Mills, Clerk of the Board


Published October25, 2012 | Board of Adjustment Minutes | 1463


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