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Chairman Paul Drake called the Board of Adjustment Meeting of November 5, 2003 to order at 7:30 P.M. announcing that this meeting had been duly advertised according to Chapter 231, Open Public Meetings Act. The meeting took place at the Municipal Building in the Court Room. Eileen Miller Present (arrived at 8:50) Charles Senders Present Dale Gordon- Present Vince Canterelli Present Walter Dietz- Present Mark Tomczak Present Chairman Paul Drake Present Jo-Ann Delasko (Alt.#1) Present Also in attendance were Christina Rowe for Karl Kemm, Board Attorney, Mark McCloskey, Zoning Officer, Mark Zelina, Board Engineer and Lucille Grozinski, CSR. ACCEPTANCE OF MINUTES September 17, 2003 October 22, 2003 Both minutes tabled for consideration at the next board meeting to December 5, 2003 ACCEPTANCE OF RESOLUTIONS JEGOU BA-03-16 Mr. Senders made a motion to approve the resolution, as written, seconded by Mr. Gordon Vince Canterelli- Yes Chairman Drake- Yes BOARD OF ADJUSTMENT BUSINESS None BUSINESS FROM THE FLOOR None APPLICATIONS PIGNATORE File #BA-03-26 Block 151, Lot 12.89 Property located on Baker Circle Bulk variance for sunroom addition Mark McCloskey presented a summary of the application and the requested variance. Applicant is proposing to construct a 12 x 18 sunroom addition on top of an existing deck. The addition will create an increase of impervious surface above the maximum allowed and a rear yard setback of 19.5 where 25 is required and 32 presently exists. The property is located within the Majestic Knolls development, which allows up to 20% coverage. The existing coverage is at 25.7% and the addition will add 216 s.f for a total of 28.2%. Joseph Pignatore appeared and was sworn The proposed addition will allow for an increase of living space. The 12 x 18 was selected because it s the same size of the existing deck and the sunroom will be built on top of the existing deck. A new deck is also proposed but is not part of the variance application, as it will conform to the zoning regulations. There is also an existing 12 x 17 concrete patio were the proposed deck will be built. If the patio were removed at the time of the addition construction then the impervious surface would increase only slightly to 25.9% (from the existing 25.7%), which is a net increase of only 12 s.f.

The driveway was stone when the applicant purchased the property in 1991 and then was paved shortly after that. Zoning permits were not required for paving driveways at that time. Open to public for questions on testimony and comments- none Close to public Mr. Senders made a motion to approve the application, with conditions seconded by Mr. Dietz. Dale Gordon- No Jo-Ann Delasko (Alt.#1)-No Application approved- variance granted to exceed the maximum impervious surface (25.9%) and a rear yard setback of 19.5 where 25 is required for the construction of a 12 x 18 sunroom on the existing deck. Conditions of approval- Existing 12 x 17 concrete patio to be removed No future deck permitted on the property VIEIRA File #BA-03-28 Block 151.12. Lot 6 Property located on Hughey Lane Bulk variance request to exceed the impervious surface maximum for constructing an addition. Mark McCloskey presented a summary of the application, which proposes a 14 x 30 two-story addition to the side of an existing dwelling. The property is located in the Brentwood Hills development within the R residential zoning district where 15% coverage is the maximum permitted. The proposed addition will increase the coverage to 16.4% (14.6% exists). The addition will comply with all setback requirements. Peter Vieira appeared and was sworn Exhibit A-1 entered, photo of house and property The proposed addition will include a sunroom and study room on the first floor and master bedroom and bath on the second floor. The addition will also help to accommodate the applicant s mother who has recently moved in with the family. Open to public for questions on testimony and comments- None/ Close to public Mr. Dietz made a motion to approve the application, as presented, seconded by Mr. Gordon. Jo-Ann Delasko (Alt.#1)-Abstain Application approved, variance granted to exceed the 15% coverage maximum (16.4%) to construct a two-story addition to the existing dwelling. BORAIE DEVELOPMENT, LLC. File #BA-03-13 -Block 148, Lot 24 Property located on Beekman Lane Density variance with bulk variance for a cluster development on an undersized tract. Carried from October 1, 2003 Michele Tullio, Attorney for the Applicant appeared and summarized the application 2

John Chadwick, P.P. and Omar Boraie Applicant, appeared and were sworn Exhibit A-1 entered, revised cluster variance plan The subject property is 8.86 acres, the cluster development would create 12 residential lots and two open space lots. The residential lots will be a minimum of 15,000 s.f. and the open space lots will be 1.1 acres and 2.14 acres. The property is located within the R residential zone, which permits cluster on 30 acre tracts with 20,000 s.f. lots and a density of 0.85. The proposed density is 1.3 homes per acre. The proposed cluster and lot size is consistent with the regulations for the adjacent R1 residential zoning located opposite Beekman Lane. The property will be serviced with public water and sewer. A conventional subdivision would allow seven lots. The cluster option will allow a greater preservation of the on-site trees and will provide a buffer between the railroad and the Rohill development. The proposed development will be compatible with the existing development patterns of the adjacent properties. The negative impacts of a conventional subdivision are greater than the cluster plan If the application is approved the applicant will return to the Board with the subdivision application Open to public for questions on testimony and comments: The following members of the public appeared and were sworn- John Lisowski Jr. (in support of application) Ron Bauer, Michele Musumeri, Dennis Gemignane, Leon Jasiwa, Robert Stanto, John Jordan, Rose Rosenbaum, Paul Popaduik, Vincent Vanvourellis, Olivia Torres and Don Simmons- Exhibits O-1 and O-2 were entered, aerial photos Close to public Mr. Dietz made a motion to deny the application, seconded by Ms. Delasko. Jo-Ann Delasko (Alt.#1)-Yes Motion carries- application denied. CHRISTIAN COMMUNITY CHAPEL File #BA-03-17 Block 141, Lot 31.01 Property located on Route 206 Preliminary and final major site plan for church Carried from October 22, 2003 Bill Savo, attorney for the Applicant appeared and summarized the application-applicant previously received use variance and bulk variances to permit the church at the subject property. Pastor Steven Nash, William Buzby, P.E., David Oszar, Construction Manager, Ken Fears, P.E. Traffic Engineer- All appeared and were sworn- Exhibit A-1 entered, colored site plan rendering Exhibit A-2 entered, proposed site sign Pastor Nash presented an overview of the proposed phasing of the development of the site. Phase 1 will consist of the church sanctuary, office and classroom spaces- the shell or exterior of the entire building will be completed. Phase 2 will include additional classrooms and the fellowship room. Phase 3 will be more office spaces, the balcony room and a nursery room. The reason for phasing the project is to allow for the use of various parts of the building before the entire project is complete. Once the project is complete it is anticipated that approximately 360 parishioners will be on-site on Sundays 3

Ken Fears P.E. presented testimony regarding traffic and on-site circulation. Testimony and discussion included: The driveway location is per NJDOT. A deceleration lane is planned in connection with the proposed jughandle just north of the site. This is the only location permitted by DOT Route 206 will eventually will be a divided highway. Iingress and egress will be right in and right out only. A waiver is required to allow 9 x 18 spaces rather than the required 10 x 20 spaces The driveway width will be 24 rather than the required 30 A traffic officer is suggested to direct departing traffic for 15 minutes following the end of Sunday services. This will help control left turns onto Route 206. Once the highway is divided the traffic officer will not be necessary because all departing traffic will be turning right onto Route 206 going north. Bill Buzby, P.E., presented a summary of the site plan. Applicant is requesting a waiver from the provisions of the tree replacement requirements. Five trees will be removed from the site, which would require 15 replacement trees. Over 100 deciduous trees of various sizes and species are proposed as part of the landscape plan. This is in addition to shrubs and evergreen plantings. The plan shows the location of the five trees to be removed. The requirements of the Tree ordinance are being met. The waiver will allow relief from preparing a mitigation plan. All utilities will be located underground Curbing will be provided in the parking lots The driveway around the building will be paved, per the request of the Fire Official The parking and circulation has been modified based on the Planners memo and now eliminates parking within the cul-de-sac. The site lighting will be on timers A waiver is requested to allow for a 30 s.f site sign. The sign ordinance has no provisions for a freestanding sign in the HOO zoning district. Open to public for questions on testimony and comments- None/ Close to public Ms. Miller made a motion to approve the application, seconded by Mr. Dietz. Eileen Miller-Yes (Jo-Ann Delasko-Alt.#1-Yes) Motion carries- site plan approval granted with variances and waivers Conditions of approval: Lights along driveway and parking area to be on a timer to turn-off at 10:00 PM, unless there is a function beyond 10:00 PM Existing dwelling to be available to the Hillsborough Historic Preservation Commission to conduct an historical survey. Waivers Tree ordinance requirements 9 x 18 parking stalls 24 drive aisle width 30 square foot freestanding site sign ADJOURNMENT The meeting adjourned at 11:20 P.M. Submitted by, 4

Mark A. McCloskey Zoning Officer 5