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September 20, 2007


The September 20, 2007 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: Mr. Wolfersberger, Mr. Simon, and Chairman Moberg Alternates: Mr. Leonard, Mr. Reilly, and Mr. Ardito.

Motion by Mr. Reilly, second by Mr. Leonard to memorialize the minutes of August 16, 2007

In favor – Simon, Wolfersberger, Moberg, Leonard and Reilly

Motion by Mr. Reilly, second by Mr. Leonard to memorialize the minute of September 6, 2007

In favor – Simon, Wolfersberger, Moberg, Leonard, Reilly and Ardito

Motion by Mr. Reilly, second by Mr. Ardito to memorialize the action and vote approving application #2007-06 of the White Sands with conditions

In favor - Mr. Reilly, Mr. Simon and Mr. Ardito

Motion by Mr. Leonard, second by Mr. Reilly to memorialize the action and vote amending and extending Resolution #2005-32 of Land’s End Condominium’s with conditions

In favor – Simon, Wolfersberger, Moberg, Leonard and Reilly

Motion by Mr. Reilly, second by Mr. Leonard to memorialize the action and vote approving Resolution #2006-10(2) for an Extension of time.

In favor – Simon, Wolfersberger, Reilly and Leonard

Motion by Mr. Wolfersberger, second by Mr. Reilly to memorialize the action and vote approving Resolution #2006-10 (3) for the placement of the a/c units.

In favor – Wolfersberger, Simon and Reilly

Application #2007-10- Thomas & Dawn Heanue, 207 Curtis Avenue; Block 118; Lot 22; Applicant wishes to alter existing attached garage and add an outdoor shower and deck. Previously, garage was to be removed (Resolution #2001-258). Easement has been removed from this lot. (2004-286)

Dean Daley, Architect and Planner for the applicant. Credentials accepted. Thomas and Dawn Heanue, applicants, sworn. Thomas Heanue stated that they need a variance for the garage which they wish to renovate to match the home. Dean Daley stated that presently the home is under renovation construction and the garage requires a side yard variance. Photos taken by Mr. Daley taken around April 2, 2007. Entered as A-3. Would like to change roof line to gable and garage would be 14 feet high. Mr. Moberg inquired if the 3.64 side setback is an existing condition. (Yes) Mr. Savacool explained that there used to be an access easement that has been vacated.


Mr. Moberg – The condition of the home with the upgrading will be an enhancement to the neighborhood. After Mr. Savacool’s explanation about the easement I am in favor.

Mr. Reilly – I was prepared to vote no but after Mr. Savacool’s explanation I am also in favor. I am willing to vote yes.

Mr. Wolfersberger – It is a preexisting condition, I would be in favor.


1. The shower and deck are to be conforming with the Ordinance.

2. The garage is to be constructed in accordance with FEMA standards

Motion by Mr. Reilly, second by Mr. Wolfersberger to approve application #2007-10 of Tom and Dawn Heanue with conditions

In favor – Simon, Wolfersberger, Moberg, Leonard, Reilly and Ardito

Application approved with conditions


Application - #2007-07 – Elie & Pierre Chedid, 103 Forman Avenue, Block 68; Lot 2; Applicant is seeking to renovate the existing structure to provide for six condominium units on three floors with an associated elevator. (Carried without notice)

Dennis Cantolli, attorney for objectors Sarro and Giercz.

John Jackson, attorney for applicant. Applicant has submitted new architectural and reduced density to three (3) unit condominiums. Elie Chedid, applicant and non-licensed structural Engineer. sworn. Mr. Chedid stated the house in the condition it is in does not serve the neighborhood. Home will be utilized as a summer home for him and his two brothers. Home has been reduced from the original plan for six (6) units after discussions with neighbors. Mr. Bogden, Licensed Professional Planner since 1988; previously worked for the city of New Brunswick. Mr. Bogden testified that he believes that this project meets the criteria for promoting the Municipal Land Use Laws.

Joe Orth, Trenton Avenue appeared in opposition of project. Questioned the Engineers license to practice Engineering in New Jersey. He had questions in reference to the site plan but Mr. Galvin clarified that this hearing is strictly for the “use”.

Rose Fabiano, Forman Avenue, is also opposed to project. She questioned the stop sign on the plans.

Max Gagnon – Questioned the living space on the third floor.

Ms. Zimmer – Felt that the aesthetics did not fit the neighborhood.

The Board disagreed with the applicant that the elimination of the rooming house for a three family apartment building would reduce the intensity of the site, especially since the number of bedrooms would be 9, the same as currently exists. The proposal is not in keeping with the character of the neighborhood and would be a major departure from the requirements of the SF-5 zone. The Board agreed with the neighbors that the building as designed would be a massive box-like structure, which would have a negative impact on the streetscape, as well as light and air.


Mr. Leonard – I agree that removing the rooming house is a benefit, but I do not think we should replace it with a more intense use. I do not think this home is in character with the neighborhood. There is no grass; all stone and pavers. I would be against this application.

Mr. Wolfersberger - I do not think we should go to three stories; whether it is a box or a pyramid. I echo everything that was said. Based on what was said I would be opposed.

Mr. Reilly – I like that it would be owner occupied and safer. I think the sheer volume (blockiness) of it makes it not suited for the neighborhood and the number of residences (17) and the fact it is three stories; I have to vote no.

Mr. Moberg – The rooming house pre dates the zoning. The proposed application is for multiple units which are not allowed. There is no green. Neither use is beneficial to the neighborhood; call it what you want. 2 ˝ stories is allowed; not three. Public good is not served. I would not be in favor.

Motion by Mr. Reilly, second by Mr. Leonard to deny application #2007-07.

In favor – Simon, Wolfersberger, Struncius, Chairman Moberg, Leonard, Reilly and Ardito

Application Denied

Meeting adjourned at 10:20pm

Karen L. Mills, Clerk of the Board

Published October15, 2007 | Board of Adjustment Minutes | 467

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