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February 19, 2009


The February 19, 2009 Regular meeting of the Board of Adjustment opened at 7:32pm. The clerk read the notice of compliance with the "Open public meetings act." Present were Board members: Wolfersberger, Struncius, Spader, Moberg, Reilly Alternates: Ardito and Kelly
Application #2008-03 – Harbor Lights/John Christoudias, 300 Channel Drive; Block167; Lots 8, 9, 16, 17 and 18; Applicant wishes to demolish existing motel and construct 12 new townhomes. Application continued from July 17, 2008.

Steven A. Pardes, attorney for applicant. John Christoudias, applicant and Professional Engineer sworn. Licensed since 1978, has appeared before the Board in Jersey City. Applicant is looking for a variance under 40:55D - 70D3. Reviews Ray Savacool’s engineering report. Reducing access points to one on Chicago Avenue. Sign will be relocated to a location allowable within the ordinance. Discussed water connection; Paving and curbing on county road will meet requirements. Applicant will use the stone detail for the parking lot and curbing as recommended by Mr. Savacool. Mr. Savacool reenforced that there will not be trash pick-up in rear of buildings; cans will be placed on curb for pick-up. Private pool and picnic area will operate from 9am till dusk; children will have to e supervised by an adult. Tenants will have their own key to access pool; Landscape buffer of three will be provided. Master deed and by-laws will be submitted to board attorney for approval prior to signing. Mr. Kelley questioned the amount of garbage cans that will be put out for garbage pick-up.
Audience questions
Pat McAndrew – Broadway - questioned when the applicant would start building if application is approved (SP –considerable amount of time due to process of approval by the DCA)
Max Gagnon – Parkway - questioned the garbage pick-ups. He was worried about the number of garbage cans that would be placed on the curb. He said you would have garbage cans out on the curb all the time.
Carol Vaccaro – Lake Terrace – Questioned if the units would be rentals? Dennis Galvin stated that the owners of the units would be able to rent if they so desired. Steve Pardes said his client agreed that the units would not be rented for less than 90 days.
Edward Catalano – Employed by the Cresenzo Group which is located at 311 Broadway. He has witnessed tenants of the Harbor Lights digging through their (Tardi’s) dumpster for food. He said it is like section eight (8) Housing; these people are here for the long stay.
Mr. Struncius asked for confirmation that the street trees would not be touched. John Christoudias stated that the trees would remain.
Ronald Sebring, Professional Architect/Planner, sworn, credentials accepted. Reviews Engineering report. Ronald Sebring stated that the front porches meet the front setback requirement of the MC2 overlay zone; Buildings meet the height requirements. Buildings comply fully with flood prevention code. A/c condensing units will be raised to comply with flood elevation; a/c units will be partially screened by the columns. Lighting will comply with Board Engineer’s recommendations. Mr. Struncius asked what color the vinyl cedar impression siding is going to be? (Grey tone with bluish accent color) Front doors will be a different color to distinguish individual units. Ronald Sebring will be adding back the porches at the end of the units because the county triangle is different than the township site triangle and this will allow for the corner porches which will soften the look. Ray Savacool stated that a waiver does not need to be granted due to the fact that Broadway and Chicago are both county roads and this will allow for the corner porches. All requirements meet the requirements of the overlay zone with the exception of the third (3rd) floor. Landscaping plantings are discussed. (Dwarf Alburtis Spruce, burning bush) Applicant will work with Mr. Savacool to find a good location for the trash enclosure to be located since it has been decided that there would be too many garbage cans on the curb if put out individually.
Mr. Spader – He is concerned with the density of the project, he would like to see 10 units instead of 12. (Ron Sebring replied that they are not restricted in density)
Mr. Wolfersberger – So are we settled on 12 units and three stories? (yes)


Mr. Moberg – after two years of listening to this application, our founding fathers did not provide us with a density ruling which we are upset about. Condominiums are being built at an alarming rate and are remaining empty. This property is all self inflicted pain by not upgrading the property. I wish the applicant good luck with the property.

Mr. Spader – I believe the problems this property has are self inflicted. Now the town is confronted with this problem. We have other development in the area that is less dense. I would of liked to see that. I am having trouble with this one.
Mr. Wolfersberger - The neighborhood needs relief from what exist now. The density does concern me. If there were 10 units I would be in favor; 12 units I am opposed.
Mr. Reilly – I do not like this application; I think it is too dense and too high, but on the other hand I think we need to listen to the neighbors. I also hate to reward someone for running a problematic business. I would like to have a condition that the process is accelerated to put a limit on it.
Mr. Ardito – This is a difficult decision. There are some pros and there are some cons. The one thing that is helping me is that the garage will not be habitable and can only be used for storage. If it was three stories of living space you would not get my vote. That makes it less dense for me.
Mr. Kelly – My concern is that with a condo association this size is that we end up with people that are not living in the units year round. I have concerns about the garbage. I am a little impressed with the rendering. I feel my pocket has been picked because we have a bad situation there on Broadway and the situation has got to be resolved and resolving it with a number of brand new units. I agree that we are rewarding a poorly run business that has gotten progressively worse. I am a little torn with the whole thing.
Mr. Struncius – I share everyone’s concerns. This is a conditional use. The things that tear you up inside in the terms of someone living here their whole life and seeing the changes are not an issue; that decision has been made for me with the changing of the zone. This is allowed there. Building coverage is under what is allowable; they are not putting up as much building as they could. The main issue is the third story which I do not think has a negative impact on the neighborhood. I believe it has a positive impact, which is why I want to be sure of the finishes and how it is going to be built. If this is approved we are going to get a nice project because we have made certain with conditions. A nice project brings in a different element of people. There could be forty percent more building here at two-stories and they wouldn’t be here. I am in favor of this.


1. The association documents are to be submitted to the Board attorney for review and approval.
2. The association will maintain the lateral system
3. The applicant will comply with Mr. Savacool’s engineering letter dated February 10, 2009.
4. The trash and the recyclables are to be placed in a single location in the rear of the facility. The location is to be reviewed and approved by Mr. Savacool and the head of the DPW.
5. The landscape is to be amended to add a three foot wide landscape buffer between the curb and the pool fence.
6. Existing street trees are not to be disturbed. If they are damaged they are to be replaced.
7. No rental of less than 90 days which is to be incorporated into the governing body documents.
8. Revise plans to reflect that no a/c units will be placed at the end of the buildings.
9. Finishes shall be cedar impressions which are shown on the plans.
10. Applicant agreed to secure permits and demolish structure no later than September 30, 2009.

Motion by Mr. Reilly, second by Mr. Moberg to approve application #2008-03 with conditions.
In favor: Moberg, Struncius, Reilly, Ardito and Kelly
Opposed: Wolfersberger and Spader
Application approved with conditions

Application #2008-30 – Ann C. Verosi – 307 Baltimore/302 Chicago Avenue – Block 108; Lots 21 & 22 – Applicant wishes to demolish a single family dwelling on lot 22 and subdivide the lot into two lots. Existing Lot 21 rear property line would be moved. There are two existing principal structures located on lot 21.

Steven A. Pardes, attorney for applicant. Albert Verosi, Professional Engineer and Professional Planner and son of applicant. Credentials accepted. Applicant is wishing to subdivide the lot located on Chicago Avenue into two lots and move the rear property line on the third lot which faces Baltimore Avenue.
Albert Verosi, Engineer stated the following facts:
1. All three lots exceed the required square footage required in the zone.
2. The lot on Chicago Avenue has two principal structures located on it which will remain.
3. The existing home on Chicago Avenue will be removed.
Review of Engineer’s letter.
Albert Verosi believes that because of the convergence of Parkway and Chicago in the day that the lots are unusually narrow. There will be the elimination of the rear setback issues on lot 22 and 23 with the moving of the rear setback property line. The intention of the applicant is to build something totally conforming on both lots. Homes may have as many as five (5) bedrooms with required parking provided. Sidewalk and curbing on Chicago Avenue will be replaced and applicant will plant street trees. The trees that are substantial will now be located on lot 21 after subdivision and will remain.
Mr. Spader was concerned with the homes being thirty-five feet high with the lots being more narrow than most. Mr. Struncius was worried with the lot being 8,600 square foot lot that it could be massive. Mr. Galvin commented that the second floor could be required to be setback to give it some architectural detail. Mr. Verosi is not sure what his mother wants to do. She might build the homes or just sell the lots.
Audience Questions
Frank Stiso, 210 Parkway – States that he is concerned about the flooding problem. The water in his yard takes a long time to perk due to the fact that the soil in the yard is mostly clay. (Ray Savacool’s informs him of the requirement of grading and drainage requirements being submitted prior to building)
John Crowley, 212 Parkway – He has also has concerns about the flooding.
John Luccioni, Chicago Avenue – People let their properties run down and then get variances for them. Is that custom practice? (No)
Max Gagnon, Parkway – He stated that all of Parkway has had water problems for years.
Gregory Cox, 202 Parkway – He questioned the placement of the lot lines and inquired what the applicant’s hardship is. Greg Cox is worried about the trees and wants them to remain. He is worried on how the lots will be developed.
Mr. Wolfersberger said the biggest concern is if there is a way in which we can control the development. If not we should just say no. Mr. Struncius states he feels the same way.
Mr. Pardes stated that his applicant is willing to accept some limitations on the size of the homes. Mr. Verosi comments that there are many homes with non-conforming garages and accessory structures on that block.
Motion by Mr. Wolfersberger second by Mr. Ardito to carry application #2008-30 to May 21, 2009 without notice.
Application #2008-29 – Robert Festa, 7 Danby Place- Block 121; Lot 3.11 – Applicant wishes to demolish existing family dwelling and construct a new 1 ½ story single family dwelling.
Motion by Mr. Wolfersberger, second by Mr. Spader to carry application #2008-29 to June 18, 2009 without notice.

In favor: Wolfersberger, Struncius, Spader, Moberg, Ardito and Kelly
Opposed - None

Meeting adjourned at 11:07pm

Attest: Karen L. Mills, clerk of the Board

Published March09, 2009 | Board of Adjustment Minutes | 755

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