ZONING BOARD OF
MINUTES OF APRIL 2, 2008
195 Changebridge Road
8:00PM Regular Meeting
STATEMENT OF COMPLIANCE
Stated for the record.
Moore – Present Thomas
Buraszeski – Present
Donald Kanoff – Present James
Marinello – Present
Deane Driscoll – Present Carl DiPiazza (Alt #1) – Present
Cartine– Present Kenneth Shirkey
(Alt #2) – Present
Hug – Present
Also Present: William Denzler, Planner
Hank Huelsebusch, Engineer
Bruce Ackerman, Esq.
PLEDGE OF ALLEGIANCE
Stated for the record
following application was carried w/notice preserved to 5/7/08:
Hook Mountain Rd. -
B: 159, L: 4 - preliminary/final site plan/use variance/bulk variances for
construction of a 4 story, 75,538 s.f. Assisted living facility containing 120
nursing beds and 60- residential health care beds. Use variances required for
height and use not permitted in zone. Bulk relief requested for maximum building coverage, total lot
impervious coverage, wall heights and signage, along with disturbance of steep
slopes and off-street parking setbacks. Carried
with notice from 7/5/07, 9/5/0, 11/29/07
& 3/5/08 – Eligible: Mr.
Buraszeski, Dr. Kanoff, Mr. Driscoll, Mr. Cartine,
Mr. Hug, Mr. Moore, Mr. DiPiazza, Mr. Shirkey, Mr. Marinello ACT BY: 5/8/08
The following application was carried w/notice required to 6/4/08:
ZC25-07 Schachman, David - B: 59.01, L:
8.03 – 35 Kanouse Ln.
– maximum building coverage
of 3,273 s.f. where 3,226 s.f. is allowed; maximum
impervious coverage of 6,941 s.f. where 6,452
s.f. is allowed for pool patio/walkway ACT
NOTE: Mr. Marinello
stepped down on the following application and Mr. Cartine assumed the chair:
ZC18-03 Ptaszek, Waldemar - 21 Rockledge Rd. – B: 13, L: 22 – construction of a single-family
residence – variances for lot size 18,564 s.f. vs 27,000 s.f.; front setback
25.2’ vs 50’; wall/fence height 9’ vs 6’; design exception driveway slopes
exceed 10%; development within steep slopes;; slope regulation in
environmentally sensitive area – Carried w/notice from 5/3/06; New notice
acceptable 4/27/07, carried with notice from 7/5/07, 9/5/07 & 2/6/08 - Eligible: Mr. Buraszeski, Dr. Kanoff, Mr.
Driscoll, Mr. Cartine, Mr. Hug, Mr. Moore, Mr. DiPiazza, Mr. Shirkey ACT BY:
Present on behalf of the applicant: Steven Schepis, Esq.; Waldemar Ptaszek, Marc Walker, PE
Mr. Schepis – This is a continued hearing for an application for
construction of a single family home. We
left off with the objectors witnesses. They have a professional planner as a witness this evening and then we
would like to do a brief rebuttal.
Randy Pearce, Esq for objectors. At the last meeting I provided the board with Mr. Hudacskos’ resume and
will provide his expertise in planning and zoning. I have a letter from Mr. Hudacsko that will
help to follow specific issues.
Exhibit O7 –
outline of Planner’s testimony
Dennis Hudacsko, PP for objector - sworn
I have reviewed the pending application. I have conducted a field study
of the property. My client, Mr.
Mareiness, had concerns related to the bulk and height of the building. I have reviewed the codes, statutes and
reports prepared by the board professionals. I have come to the conclusion that there are many variances that have
not been applied for or noticed.
O8 – outline of
citations for withholding approval of application
Mr. Hudacsko – Terraforming is not permitted by right. Terraforming is the
altering of the earth. Our statute
includes any mining, excavation or land fill. This is in broad terms and I believe would include development of a site. When altering grades at this scale it causes
terraforming. The soil will be brought
from off site. This is a fill operation,
since there is no home existing, that on which the ultimate development will be
a home. The Board should look at the
terraforming separate from the house and see if it would be allowed. I have found many violations from the township
codes as it relates to terraforming. There is no specific provision as to
allowing fill to be brought on site in the ordinances. Walls are being constructed to hold added
soil. This is creating a situation that
will increase erosion. There is no
structure below the wall that is to be protected. These are not retaining wall as it relates to
the law. These are terrace walls. The walls serve a purpose that the code does
not provide for. The application would
need a use variance because it is a fill operation separate from the
Mr. Pearce – The application should be denied based on the fact that
the applicant has not acquired adjacent property to alleviate the variances for
construction. Negotiations were
conducted to purchase 50’ from the neighbor. They initially were going to buy the 50’ for $50,000 and went to
purchasing the entire property for that amount which was not accepted by my client.
Mr. Hudacsko – The other area that spins out of this is that this lot
is an uncompleted lot from a previous subdivision, but does require compliance
with design standards since this is a subdivision that is being modified. This is an alteration of a subdivision. There is 4 other variances not applied for. Terrain changes near homes, 6’ height limit
on walls and a requirement for safety fences, multiple walls are aggregated
when situated less than 10’ apart. The height of the building was not calculated
accurately. The evidence provided does
not accurately show the board what is actually occurring.
O9 – profile drawn
by Mr. Hudacsko of terraforming
Mr. Hudacsko – This is a planning illustration. It shows
the existing soil profile in brown and terraforming in orange. Orange crosshatch is extension of
terraforming. Yellow shows the 3 levels
of the building. The left corner of the
building is the sole contact of the building to the natural terrain. It is not a terrain alteration to fit around
the building; it is a building that defies gravity with fill holding it
Mr. Hug stated that any reports from either side should be submitted to
the board prior to the meeting night. It
is unfair to the board to submit large documents the night of a hearing. The board is not given the opportunity to
review it in a more diligent manner.
Mr. Cartine – I reviewed our ordinances and did not find anything in
the statutes as it relates to terraforming. I would like you to submit information on how terraforming ties into
this application and the statutes that go hand in hand as it relates to the
Due to time constraints the application was carried with notice
preserved to June 4, 2008 and an extension of time to act to June 5th.
NOTE: Mr. Marinello resumes the chair
Kapitula – 10 Old Ln. – B: 21.01, L: 35.04 – construction of a
single family home on a vacant lot variance requested maximum wall height of 10’
where 6’ allowed and slopes - carried
with notice from 12/5/07 & 3/5/08 - Eligible: Kanoff, Driscoll, Buraszeski,
Cartine, Hug, Moore, DiPiazza, Shirkey, Marinello ACT
Mr. Driscoll certified to the 3/5/08 hearing.
Present on behalf of the applicant: Steven
Schepis, Esq.; Frank Matarazzo, PE, PP
Bernard Berkowitz, Esq. for the opposition
John Thonet, Planner; Environmental Engineer for the opposition - sworn
Mr. Berkowitz – A report was submitted previously. The board secretary indicated that the land
use office received the report yesterday and the board received it this
Mr. Marinello – The members of the board received the report tonight
and have not had the opportunity to review it. Mr. Hug – Last month the applicant requested a yes or no vote. The objector stood up and said they were not
heard. We gave you the opportunity to
come back this month with your expert and we received the report tonight. For us to make a decision without reviewing
the report is unfair to the board. Mr.
Marinello – We will have to take into consideration whether or not we have
received enough information.
O1 – colorized
version of the applicants grading and utility plan revised February 2008
O2 – colorized
version of existing conditions map applicant’s revised February 2008
Mr. Thonet – Colored in steep slopes 25% or greater on grading plan. The only types of uses permitted to building
in that steep of a slope is a road, utility easement or driveway. The vast majority of the
development on this lot is in that steep slope area which is expressly
prohibited by the township ordinances. There
is no reason why the stormwater management system cannot be built underneath
the driveway. It should not be put in
the steep slope area. If the system is put
closer to the road it could accept 80% of the runoff from the property. The stormwater management system was
developed incorrectly. It should be
located on the down hill side of the septic system. The best location for the house would be to
the rear of the property in the location where the grade is at 16% where 15% is
allowed by ordinance.
Mr. Thonet - The applicant did not take into consideration the runoff
that comes from offsite that will go into that facility, during a storm it will
overfill and run down Old Lane. The
facility is not properly designed and you do not have any documentation today
that shows that there would not be additional runoff. The retaining walls all have under
drainage. There is a 4” PVC pipe that
will be tied into the stormwater system. There is 12-13’ cuts to make the
back yard. There is no analysis as to
what the water table is. The system will
remain filled with water and when a storm comes it will overflow. No studies done on how fast water will come
into the system.
Mr. Thonet - The applicant cannot show that there is no detriment to
public good. The applicant says that the
impervious coverage meets the ordinance. The project as proposed requires a variance. Mr. Denzler suggested that the patio area and
walkway, if changed to pavers, receives a reduction and a variance would not be
required. It is not enough, no one has
taken into consideration the impervious coverage from the retaining walls. When you add up the retaining walls there is
an additional 1,200 s.f. of impervious coverage. This is another variance that has not been
noticed. This cannot be addressed with
Mr. Thonet - The drainage system will not work. The applicant used the wrong rainfall
data. The numbers in his hydro geologic
model are different than what are shown on the plan. The applicant used the wrong soil type which
throws off all your hydro geologic studies. The neighbors have complained about the run off from the site as it
Mr. Marinello – Mr. Schepis do you have any questions for this
witness? Mr. Schepis – No.
Mr. Denzler – Did you review the previous resolution on of denial for
the previous application. Mr. Thonet – I did. Mr. Denzler – What was the recommendation of the board for the location
of the house? Mr. Thonet - It was
recommended that the house was moved closer and I agree with that
recommendation. Mr. Thonet – The ideal
location for the house is lower for 2 reasons, first, in this corner of the
property, there are steeply sloping but not as steeply sloping and it is closer
to the road so you do not have to go deep into the property to develop it. Mr. Thonet – I understand that they did percs
and located the house to the proper distance away from where the septic system
would be. I think moving the house
closer to the road and to the left would be a better proposal than what is
proposed now because they would be disturbing less slopes. Mr. Denzler – I disagree that the retaining
walls be included as impervious coverage, the land use office, zoning office,
planning board and this board has historically not counted walls in impervious
coverage. The reason for that is in the
design of a retaining wall there is infiltration built into it. It is the policy of the Township to not count
retaining walls in the impervious coverage calculations. The impervious coverage was reduced by use of
the pavers and there was a balcony that was double counted on the plan that is
why there are different numbers.
Mr. Huelsebusch – You said that the dry wells would be better suited
closer to the roadway are you aware that drywell must be at least 50’ from a
septic system. Mr. Thonet – Yes, but
they could move it into the roadway and still be 50’ away. Mr. Huelsebusch – I do not believe that if
you put it under the driveway it will accept more runoff. The engineer did soil testing to find the
best location for the drywells. There
are limitations on the site so the drywells were located as shown. As it relates to the off site runoff that Mr.
Thonet is talking about, the ordinance does not require the applicant to
consider off site runoff. The off site
runoff would go into
as allowed. The applicant would be
installing systems to catch sheet runoff. If house was located closer to road, there would be a more difficult
time catching runoff from the site. There is no evidence of a fresh water conditions.
Open to public for this witness
Mr. Cartine – If the house was built closer to the road would it be in
alignment with the other houses in the neighborhood. Mr. Thonet – It would be
consistent with the neighborhood. But
there is room to wind the driveway up and put house further up on site. Dr.
Kanoff – Mr. Huelsebusch are you comfortable that the stormwater system as
proposed will be adequate for this proposal. Mr. Huelsebusch – Yes. Mr.
Cartine – Where does the house belong on the lot? Mr. Denzler - If put in the upper corner like
Mr. Thonet suggests they would need an impervious coverage variance and it
would be determined to be res judicata. Mr. Thonet – Retaining walls are included in impervious coverage, it is
Highlands’ regulations, the DEP
regulations and is part of your ordinances. Retaining walls are considered structures which are impervious.
Mr. Schepis – There is only one variance that the applicant is seeking,
it is a 4’ high safety fence on top of a 6’ high retaining wall. The neighbor has a 10 ½’ overall height on
wall/fence. Design exception required
for slopes. The property was created by
subdivision in 1984. The Planning Board
created this lot knowing that the building envelope was steep. Steep slope ordinance came into effect about
1999. This house is smaller than the houses in the neighborhood. Mr. Schepis read the impervious coverage
ordinance into the record. The township
does not consider retaining walls as impervious coverage. Mr. Schepis - Mr. Denzler’s interpretation is
the accurate interpretation. The
applicant has made plan modifications as requested by the board
professionals. Request approval for
variance and design exceptions as applied for by the applicant.
Closed to public
Mr. Cartine – Do not believe that the run off will be exacerbated by
the development, looks like it would be improved. It does not seem that there would be
additional water that does not already exist. Mr. Marinello – The run off problems in the area exist, these lots were
approved by the Planning Board.
Motion to approve the application, there is a hardship to the property
due to slopes on the property, in the previous application the board requested
that the house be brought forward and this plan shows the house forward on the
lot, the application is consistent with the neighborhood, the applicant will
not exacerbate the runoff problems that already exist made by: Mr. Hug; Second
by: Mr. Driscoll; Roll call: Yes - Kanoff,
Driscoll, Buraszeski, Cartine, Hug,
ZC23-07 Stitzel, Jeffrey –
Rd – B: 51.02, L: 17 – demolition of existing home
construction of a new home
rear setback of 25.7’ vs 40’ – Notice Acceptable ACT BY: 6/11/08
Present on behalf of the applicant: Geoffrey Evans,
Esq.; Jeffrey Stitzel; Mark Palus, PE
Mr. Evans – This is an application is for demolition
of existing home and construction of new home. There is currently a front setback variance that will no be longer
required. Requesting a rear setback of
25.7’ where 40’ required.
PE - sworn
Propose to demolish the existing dwelling which has a
front setback of 19.4’ and a detached garage which will be removed. Construct a new single family home which
will meet all ordinances with the exception of the rear setback. Relocated the driveway to the eastern side of
the property. There is no sight distance
where the driveway exists, by moving it, there is about 250’ of sight
distance. This is the safest location on
the property. The lot is narrow. In order to meet the ordinance the house
would have to be built at 22’
deep which is not in character with the neighborhood
or any neighborhood in the community. Moved the house 16’ back from
Rd and the rear yard was only increased by
6’. Propose a longer narrower
home to fit the property. There is a detached garage that services lot
18 behind this property, there is no home located behind the property, and it
is located to the side of this property.
Mr. Jeffrey Stitzel, applicant - sworn
Trying to make the ingress and egress to the site
safe. The existing driveway creates a
challenge to get onto Rt. 202. The
current structure is in grave disrepair as it exists.
– artist rendering of proposed home
Mr. Stitzel – Designed the house to minimize the depth
of the house. Mr. Denzler- What is the
size of the proposed house? Mr. Stitzel
– 3,500 s.f. Mr. Denzler- Does a 3,500
s.f. house fit in the neighborhood. Mr.
Stitzel – It fits with the Cooks Farm neighborhood. Mr. Denzler – If you removed the front porch
would it fit in the front and the rear? Mr. Denzler- Do you intend to have a garage, this house is not proposing
one? Mr. Stitzel – Do not intend on
having a garage. Mr. Denzler – Wouldn’t
a grassed rear yard be less of an impact to the neighboring properties? Mr. Stitzel – There is no one behind me. Mr. Denzler – That is still usable area for
lot 18. Mr. Stitzel – That is
correct. Mr. Palus – A variance would
still be required without the porch and the porch adds character to the
house. Mr. Denzler – Could landscaping
be provided along lot 18? Mr. Stitzel –
Yes. Mr. Huelsebusch – My report
requested location of 3 cars and how they would be parked onsite. Mr. Palus – We intend to modify the driveway
slightly, make is shorter in one area and wider in another. Mr. Evans - The applicant will maintain the
existing retaining wall.
Open to public
4 Montville Ave - sworn
The proposed house does not fit in with the
neighborhood. Concerned with cars in the
rear of the house and the headlights coming into my house. Mr. Palus – The closest point of the proposed
house is 105’ from Mr. Campione’s property. Mr. Campione – Do not believe this house is in major disrepair, it can
be restored. This house does not fit the
lot, it would be an eyesore, and there is no other house like this in the
Mr. Hug – Concerned that somewhere down the line
someone will come back to this board and ask for a garage. Mr. DiPiazza – Question as it relates to Mr.
Denzler’s report and testimony on building height. Mr. Palus – The building height is shown at 28’ where 35’ required. Mr. Denzler- I want the correct calculations
on the plans so there is no question in the future. Mr. Palus will provide.
Mr. Driscoll – Do you intend to live in this
home. Mr. Stitzel – Yes,
absolutely. Mr. Buraszeski – Is it
possible to remove the jut out section of the portico and add additional
Mr. Evans – Do you have plantings along the rear of
your lot? Mr. Campione – 5’ Norway
Spruce. Mr. Evans – Did you recently
build a 6’ fence? Mr. Campione -
Mr. Hug- This home has a substantial footprint with no
garage. Mr. Evans – We meet building and
impervious coverage ordinances.
Closed to public
Mr. Cartine – The driveway in the back seems
unnecessary, the home seems large for the lot, not garage, small setback.
Motion to deny the
application, the development described is large; the rear setback is
exacerbated by the location of the driveway, objectionable to neighbors, not in
keeping with zoning ordinance made by: Mr. Cartine; Second by: Mr. Buraszeski; Roll
call: Yes - Mr. Buraszeski, Dr. Kanoff,
Mr. Driscoll, Mr. Cartine, Mr. Hug; No - Mr. Moore, Mr. Marinello
ZC16-07 Bassil –
2 Herrman Way
– B: 82.11, L: 8 – rear setback of 38.4’ where 75’ required; impervious
coverage of 6,438 s.f. where 6,000 s.f. allowed and building coverage of 3,202
s.f. where 3,000 allowed – Notice Acceptable ACT
Present on behalf of the
applicant: Marlene & Ghassan Bassil, applicant
Mr. & Ms. Bassil,
applicants - sworn
Would like to place sunroom
on existing deck, a 5’x15’ portion is outside of existing deck. We bought the house as it exists. 6,299 s.f. impervious coverage exists. Will be an improvement to the property and
neighborhood. No negative impact to
Mr. Denzler – Rear setback is
38.4’ existing and proposed; building coverage 3,063 s.f. existing and 3,202
s.f. proposed where 3,000 s.f. allowed; impervious coverage 6,299 s.f. exists,
6,438 s.f. proposed, where 6,000 s.f. is allowed. What hardship exists on the property? Mr. Bassil – If placed anywhere else on
property it will create more of a building and impervious coverage
variance. Mr. Hug – Are you using the
entire deck? Ms. Bassil – No, part of
A1 – 5/21/07 John Anthony Ferraro plan
A2 – photos of existing home
A3 – brochure of sunroom
Open to public – none -
Mr. Hug – Visited the
site. I believe that certain portions of
decks not be required in building coverage.
Mr. Huelsebusch – A drywell
will be required unless certification from engineer that no additional runoff
as it relates to construction. Any
underground storage tanks will have to be removed.
Motion to approve the
application, will improve the beauty of the neighborhood, other homes in the
neighborhood have covered porches, subject to engineer’s conditions made by:
Mr. Hug; Second by: Mr. Moore; Roll call: Yes - Mr. Hug, Mr. Moore, Mr. Marinello; No - Mr.
Buraszeski, Dr. Kanoff, Mr. Driscoll, Mr. Cartine
fails, the application is denied
of March 5, 2008 - Eligible: Mr. Buraszeski, Dr. Kanoff, Mr. Cartine, Mr. Hug, Mr. Moore, Mr.
DiPiazza, Shirkey, Mr. Marinello
Motion to adopt made by: Mr. Buraszeski,
Second by: Mr. Hug, Roll call: Yes- Kanoff, Cartine,
Moore, DiPiazza, Hug, Buraszeski, Shirkey,
William Denzler & Assoc.
– O/E for: $62.50; Trust for: $31.25, $125, $156.25, $312.50, $562.50,
$312.50, $250, $31.25, $156.25, $62.50, $312.50, $375
Bricker & Assoc. – Trust
for: $1,750, $750, $281.25, $625
Pashman Stein – O/E for:
$187.50; Trust for: $93.10, $343.75, $525
Motion to approve made by:
Dr. Kanoff, Second by: Mr. Hug, Roll call: Unanimous
Mr. Buraszeski stepped down
ZSPP/F27-05-31-06 DAB Associates –
Bellows Ln. – B: 41, L: 15 – pre/final site plan 6
unit town homes – variances for impervious coverage 17,649 s.f. vs 13,300 s.f.
allowed, parking setback to street 11’ vs 25’, environmentally sensitive areas
regulation of slopes – Approved – Eligible: Kanoff, Cartine, Hug, Buraszeski,
Moore, DiPiazza, Shirkey, Marinello
Mr. Ackerman – There
was a recommended change regarding the whereas section. Would like to make it clear that the
applicant previously requested a design exception to allow fencing around
detention basin. The new wording will state that the applicant agreed to a 4’
high fence around the detention basin.
Motion to adopt as amended made
by: Mr. Hug; Second by: Mr. Buraszeski; Roll call: Yes – Kanoff, Cartine, Hug,
Moore, DiPiazza, Shirkey; Abstain - Buraszeski,
- B: 106, L:
20 – 30 Barney Rd
– addition to single family home variance for front setback of 32’ vs 45’
required; rear setback of 46.42’ vs 50’
required; side setback of 14.9’
16.3’ required; combined setbacks of 32.8 vs 35.1’ required – Approved
– Eligible: Kanoff, Cartine, Hug, Buraszeski,
Moore, DiPiazza, Shirkey, Marinello
Motion to adopt made by: Mr.
Hug; Second by: Mr. Buraszeski; Roll call: Yes – Kanoff, Cartine, Hug, Buraszeski,
Moore, DiPiazza, Shirkey; Abstain - Marinello
ZC34-08 Voss –
2 Craig Ct. – B: 125.2, L: 17 - request for extension of approvals from 7/5/08 to 7/5/09
stated that due to health issues and getting contractors the applicant is
requesting a one year extension of approvals.
Denzler – There is no changes to the zoning in the area.
to grant 1 year extension made by: Mr. Driscoll; Second by: Mr. Hug; Roll call:
Yes - Mr.
Buraszeski, Dr. Kanoff, Mr. Driscoll, Mr. Cartine, Mr. Hug, Mr. Moore, Mr.
DiPiazza, Mr. Shirkey, Mr. Marinello
ZC39-04 Carver –
32 Michelle Way – B: 163, L: 1.33 –
request for extension of approvals to April 2, 2009
Denzler – there is no changes to the zoning in the area.
to grant 1 year extension made by: Mr. Buraszeski; Second by: Mr. Driscoll; Roll
call: Yes - Mr.
Buraszeski, Dr. Kanoff, Mr. Driscoll, Mr. Cartine, Mr. Hug, Mr. Moore, Mr.
DiPiazza, Mr. Shirkey, Mr. Marinello
Mr. Marinello stated that there is a joint meeting of
the Planning Board and the Board of Adjustment scheduled for April 17th
at 7pm. Mr. Cartine stated that he cannot
Please fill out your ethics forms and return to the
Consider handout with application package explaining
C1 and C2 variances and what has to be proven.
There being no further business there was a motion to
unanimously adjourn made by Mr. Hug, Seconded by: Mr. Cartine; Roll call –
Certified true copy of minutes adopted at Zoning Board
meeting of May 7, 2008.
Linda M. White,
to 3/5/08 hearing
Certified to 3/5/08 hearing