MINUTES OF THE REGULAR MEETING OF THE TOWNSHIP OF JACKSON ZONING BOARD OF ADJUSTMENT FEBRUARY 7, 2007

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1 MINUTES OF THE REGULAR MEETING OF THE TOWNSHIP OF JACKSON ZONING BOARD OF ADJUSTMENT FEBRUARY 7, 2007 The February 7, 2007 Regular Meeting of the Jackson Township Board of Adjustment was called to order by Chairman Vincent Sgro at 7:04 p.m. with a salute to the flag by all present. Attorney Sean Gertner read the Open Public Meetings Act Statement. ROLL CALL: Barry Calogero Glen Bouthillette, Alt. #2 Stephen Costanzo Peter Maher Diana LaBianca, Secretary Vincent Sgro, Chairman Kevin DiGesu, Alt. #1 ABSENT: Jeffrey Bowen Joy Ann Harmer, Vice Chair ALSO PRESENT: Richard Megill, Director of Planning and Zoning David Thesing, Zoning Board Engineer Donna Miller, Zoning Board Planner Sean Gertner, Zoning Board Attorney Steven McCrystal, Court Reporter PAYMENT OF VOUCHER Motion to approve the voucher for the Recording Secretary for tonight s meeting by LaBIANCA/DiGesu. YES: Maher, Calogero, Costanzo, LaBianca, DiGesu, Bouthillette, Sgro. APPROVAL OF RESOLUTIONS Recording Secretary Janice Kisty announced the following resolutions and those eligible to vote: Appointment of Board Professionals for the year 2007: Sean Gertner, Gluck, Allen & Gertner, Board Attorney Donna Miller, Geller & Sive, Board Planner David Thesing, Gravatt Consulting, Board Engineer Motion to approve resolutions for the above named professionals by DiGESU/LaBianca. YES: Maher, Calogero, Costanzo, LaBianca, DiGesu, Bouthillette, Sgro Katz/Tolles-Scharinkow Block Lot 4 Variance approved. Motion by CALOGERO/DiGesu. YES: Maher, Calogero, LaBianca, DiGesu, Bouthillette, Sgro Cardinale Enterprises Block 58.01, Lot 1.02 Withdrawal of variance application to construct residential units over the Jackson Crossings retail shopping center. Motion by DiGESU/LaBianca. YES: Maher, Calogero, Costanzo, LaBianca, DiGesu, Bouthillette, Sgro Hess Corporation Block 83, Lot 50 Variance approval for a carwash. Motion by CALOGERO/Costanzo. YES: Maher, Calogero, Costanzo, LaBianca, DiGesu, Bouthillette, Sgro. The Board professionals were sworn and their affiliations stated. MATTERS FOR DISCUSSION Conflict Engineer Mr. Megill said David Thesing has a conflict with an upcoming application and indicated the Board must appoint a conflict engineer. He suggested appointing Remington &Vernick as conflict engineers. The Board agreed. Motion by MAHER/Calogero. YES: Maher, Calogero, Costanzo, LaBianca, DiGesu, Bouthillette, Sgro. 19 Petroleum Distributors (Citgo Site Plan #600) Block 54, Lot 1.01 Whitesville Road Louis Felicetta, Esq. represented this applicant. In December, they asked for the relaxation of a condition of the resolution of approval for this site which said the premises must be served by water and sewer. They want the ability for building permits to be issued so construction could commence with no certificates of occupancy issued until they are hooked up to water and sewer. Mr. Gertner asked Ms. Miller to review the last paragraph of her review letter. Mr. Felicetta provided documentation to the professionals. The issue concerns if the pump station is not completed and the site is constructed but can t be occupied. It is anticipated the pump station will be complete in the next several months, and major projects are dependent on this. It will take them many months to complete the construction of the site itself. Mr. Maher recalled the Board asked for a member of the MUA to be present or at least a letter from them. Mr. Felicetta said the applicant s engineer, Stuart Challoner, could answer any of the board s questions. Mr. Sgro asked Mr. Gertner about the hold harmless agreement. It still does not address another issue the board had that Ms. Miller raises in her letter - that the MUA does not have the same obligations as the Zoning Board, and that is the crux of the matter. Mr. Megill wanted to guide the board, stating the Zoning board cannot direct the building department to do anything, they can only recommend. One of the Building Department s checklist items is outside agencies, required by UCC. The applicant must follow that checklist. Mr. Megill can be ordered to issue a zoning permit, but the building department cannot be ordered to issue a building permit. Mr. Maher asked if we aren t putting the cart before the horse. Mr. Calogero clarified they are asking for a permit to construct and will not be able to obtain a certificate of occupancy without the ability to connect to sewer and water, and asked about the hold harmless agreement. Stuart Challoner of Challoner Associates prepared the original plan for a gas station & convenience store, which was dependent on septic and well until this latest set of plans allowing for water and sewer hookup. Other residential developments are depending on this pump station. He needs final approvals from the MUA, but has preliminary and tentative approvals. He said the MUA has commitments to build the pump station by Fall They want to build the gas station simultaneously and

2 Page 2 Zoning Board Minutes of February 7, 2007 are not building a project to sit vacant. The sewer was brought to the property and the laterals are there. It will take 6-12 months to build the gas station. Mr. Maher recalled they were asking to open the gas station prior to sewer hookup, using a temporary septic. Mr. Challoner said they were told incorrectly. Mr. Maher asked if they have Pinelands approval and was told yes, and any approval tonight will go back to the Pinelands to let them know. Mr. Calogero asked for clarification they are not seeking to operate on a separate water and sewer system and Mr. Challoner agreed. Mr. Calogero asked if they would hold the Zoning Board or the Township responsible and Mr. Challoner said they would not. Mr. Gertner re-stated they would not operate or seek a certificate of occupancy without the pump station being operational, no above ground water and septic, and subject to resubmitting to Pinelands with this change. Ms. Miller wanted the Board to understand the town has to live with the improvements whether or not the station can operate. Mr. Maher asked about a strip mall next door, and Mr. Challoner said it is not submitted yet. He feels the pump station is imminent. Mr. Gertner said this does not have to come before the public; it is an interpretation of a prior Board approval. Motion to allow the interpretation that the applicant does not need Final MUA approvals in order to apply for building permits, that the applicant will not operate or seek a certificate of occupancy without the pump station being operational, there would be no temporary septic or water facilities, and the applicant must submit these changes to the Pinelands Commission by CALOGERO/Maher. YES: Maher, Calogero, Costanzo, LaBianca, DiGesu, Bouthillette, Sgro. Howard & Janet Payne (Use Variance #2612) Block 29, Lot Maria Street Applicant requested their application to be withdrawn. Motion by DiGESU/Costanzo. YES: Maher, Calogero, Costanzo, LaBianca, DiGesu, Bouthillette, Sgro. APPROVAL OF MINUTES Motion to approve the minutes of January 17, 2007 by LaBIANCA/Calogero. YES: Maher, Calogero, LaBianca, Bouthillette, Sgro.. APPLICATIONS 1. Charles & Patricia Heitzman, 30 Wyoming Drive, Old Block and Lot 8, R-15 zone The applicant is asking to place a 10 ft. x 16 ft. shed four feet from his house where ten feet is required. Mr. Calogero stated he visited the property and had no objection. Mr. Costanzo asked about the location of the shed and Mr. Heitzman explained his reasons for wanting to place the shed four feet from his house. PUBLIC SESSION OPENED AND CLOSED; NO ONE CAME FORWARD Motion to approve by CALOGERO/LaBianca. YES: Maher, Calogero, Costanzo, LaBianca, DiGesu, Bouthillette, Sgro. 2. Ed & Patricia Miller, 1400 West Veterans Highway, Old Block 8.01 and Lot 32.01, NC zone Ed and Patricia Miller were sworn. Mr. Gertner explained the variance request, stating they wish to construct a 40 x 60 detached garage in the front yard, over 15 high. Mr. Miller said his is a flag lot, and his entire property is a front yard. He wants to put the building in a wooded area 150 from all the neighbors. It won t be seen. Mr. Costanzo asked why the building is so large and Mr. Miller said he got a good deal on it. Mr. Costanzo asked what it will be used for. Mr. Miller stated he works for a heavy equipment company and wants to store an old truck and his tools in there. Mr. DiGesu asked if he will be storing fuel, and Mr. Miller said none other than what is in the truck. PUBLIC SESSION OPENED AND CLOSED; NO ONE CAME FORWARD Mr. Thesing asked what material the building will be constructed of and was told a timber frame, steel outside, pole barn type construction. There will be a floor eventually, dirt for now. They will want water and plumbing in there eventually. Motion to approve by DiGESU/Maher. Mr. Megill said the building will exceed the height limitation of 15, which must be on record. Mr. Thesing said the plans submitted said 22 8 outside dimensions. Mr. Miller said 22 8 overall. Mr. Megill said the application is requesting a 40 foot wide building. Midspan is 20 feet and the rafter will be 24. Mr. Thesing agreed and Mr. Gertner clarified this information for the Board. Amended motion to include the maximum height. Motion to approve by CALOGERO/Maher. YES: Maher, Calogero, Costanzo, LaBianca, DiGesu, Bouthillette, Sgro. Recess at 7:48 p.m. Reconvened at 7:58 p.m. 3. Pine Belt London, Old Block 117 and Lot 1.03, Zoned HC and R-3 Ray Shea represents this client. They are asking for an extension of site plan approvals from 2003 opposite the Shop Rite on County Line Road. A subdivision and site plan were approved and the Final Subdivision was filed in Three utility crossings were required from Shop Rite to Pine Belt London. A stream encroachment permit was reviewed and archaeological remains were found. Phase 2 proved nothing of significant value was found and the remains were donated to a Trenton museum. They expect a sign off shortly. Mr. Sgro said Mr. Thesing asked for any changes to the plan, and Mr. Shea said he would have the applicant s engineer, Michael Pucci, contact David Thesing to discuss, but there are no changes to the building on the site plan. Mr. Thesing asked for a letter to be submitted to the Board saying there are no significant changes to the plan. Mr. Shea agreed. Mr. Thesing said the lapse in time from preliminary and final could be subject to C-1 regulations. Mr. Shea said Mr. Pucci would confirm that as well. Mr. Shea believes this is fully exempt, and gave Mr. Thesing the opportunity to review. Ms. Miller there were some minor date differences but overall she was satisfied.

3 Page 3 Zoning Board Minutes of February 7, 2007 PUBLIC SESSION OPENED AND CLOSED; NO ONE CAME FORWARD Motion to approve the time extension by CALOGERO/DiGesu. YES: Maher, Calogero, Costanzo, LaBianca, DiGesu, Bouthillette, Sgro. 5. David & Keisha Johnson, 75 Citadel Drive, New Block 7109, Lot 6, R-9 zone David Paulus from Statewide Custom Modular Homes and Keisha Johnson were sworn. Ms. Johnson said they lost their house to a fire in 2005 and they want to replace it. Mr. Paulus said they proposed to replace the home with a modular unit fitting in the same setbacks as the original home. The zoning designation has changed from an R-9 zone to a minimum 1 acre zone. They received a letter from Mr. Thesing dated January 30, 2007 explaining several existing variance conditions for lot area, lot width, lot depth and lot frontage. There is no adjoining property available to purchase to make this lot more conforming. Mr. Sgro asked the size of the house that burned down and was told the new house will be similar in size to what they had. Mr. Maher asked what size house they want to build and was told 2,100 square feet. Ms. Johnson said the old house was a 1,900 square foot split level. Mr. Paulus said they provided a plot plan, lot grading for the driveway, storm water recharge for the gutters, the front yard setback is noted at 55 feet and will be 56.1 feet to the front porch. Mr. Gertner noted Mr. Paulus is not a surveyor, engineer or planner, and asked if Mr. Thesing was satisfied. Mr. Thesing said he could review the plans from the certified engineer and send a letter. Mr. Gertner asked Ms. Johnson to confirm she cannot obtain additional land and she agreed. PUBLIC SESSION OPENED Michael Mollica, 77 Citadel Drive, was sworn. He lives next door to Ms. Johnson and is concerned with the size of the home. He asked if anything will be added to it, like a garage, and Ms. Johnson said no. He said when he reviewed the plans at Town Hall, they said there would be an additional building. Ms. Johnson said no. Mr. Mollica said if the replacement home will be the same size, he had no concerns. James Higgins, 76 Citadel Drive, was sworn. He lives across the street. He stated there is a difference in the size of the proposed home and the former house. He was told there will be a two car garage, and Mr. Paulus said there is an addition to the size of the house. Mr. Higgins raised a concern about the basement due to the water table. Ms. Johnson said the addition will be a coach s room. Her husband is a coach and will use for a small area to view tapes and for coaching duties. Mr. Higgins asked if that room is attached. Mr. Paulus said it is within the modular home. Mr. Gertner suggested they submit the survey from as exhibit 01, and for the record, the coach s room is shown as a onestory section creating a backward L, part of the modular. Suzanne Flannelly, 16 Alaska Avenue, was sworn. She lives behind this house. She asked about the big square in the backyard, and Ms. Johnson said it was for a shed that has been removed. Flannelly thought it was longer than a shed. Mr. Thesing said it is a concrete pad in violation of setback requirements and the applicant could be asked to remove it. Ms. Johnson said it was there when she purchased the house. Mr. Megill said zoning requirements for accessory structures in that zone are 10 from the rear and side property lines. Ms. Johnson said she would remove the concrete pad. Mr. Megill said if someone obtained information from his office that another building was proposed, he needs to know when that happened. Mr. Gertner said that has been addressed. He also stated the current growth share ordinance will not affect this application. PUBLIC SESSION CLOSED Mr. Thesing wanted to see the updated plans, and Mr. Sgro advised him to work that out with the applicant s engineer. Ms. Miller said the sidewalk is in disrepair and recommended it be repaired. Mr. Calogero agreed, saying he saw it on his site visit. He asked any approval be conditioned on removing the existing concrete pad to the shed. Also, the home is to be built pursuant to the revised plans as requested. Mr. Maher asked if the town could pay for the sidewalk, and Ms. Miller said it usually is up to the homeowner. MOTION TO APPROVE BY CALOGERO/ LaBianca. YES: Maher, Calogero, Costanzo, LaBianca, DiGesu, Bouthillette, Sgro. 4. Jose Angeles, 6 Meadow Run Court, Old Block 66.09, Lot 13.03, R-3 zone Mr. Gertner said this is application number four on the agenda, and is heard tonight pursuant to a Court Remand following a resolution of denial # Variances are needed to park three commercial vehicles on the property and run a home occupation for a painting business. Since this is a new board, it seems appropriate to have the applicant reheard. Mr. Gertner explained the process for lawsuits and remands usually brought back to the board for some direction. He felt it was better to give the applicant a chance to present this application to the new Board. The attorney for Mr. Angeles said he started testimony last year involving this residential property with a 3-car garage in the rear yard that houses the three commercial vehicles. He came before this board in May 2006 where they spelled out what they wanted to do. The Board s vote was 4-3 to approve the application, but a use variance needs 5 votes in favor. That hearing was late and finished at 12:45 a.m. People were tired, neighbors concerns were for safety issues with the paint, and the applicant did not have an opportunity to address those issues to the satisfaction of the Board. Tonight they have a fire and safety expert who has reviewed the site, and a planner from D.W. Smith. This is a conditional use for a home occupation, Mr. Angeles has individuals who live in the home that operate the business, but he also has a third van used for the business and requests if the third van would be used, he wants permission for another employee to come to the home to use the van. This outside employee is one of the conditions for a Home Occupation ( ) that can t be met and needs Zoning Board approval. Another question is whether the vehicles qualify as commercial vehicles. Mr. Angeles wants permission to operate the business from a home office, he drives one of the vans, another family member drives a second van, and another family member lives off site but will come to the home, pick up the van and park his personal vehicle there. The attorney said there were also concerns about the safety of paint on the premises. Mr. Angeles sworn. He agreed with his attorney s statements. If the property were to be sold, he agreed the use would not continue and he could not sell the right to use that property in that manner.

4 Page 4 Zoning Board Minutes of February 7, 2007 Syd Husain, Planner from D. W. Smith was sworn. He has testified before this and other boards, is a licensed professional planner and licensed engineer. His credentials were accepted. He had an opportunity to view the site and took photos of the home and the garage in question, which were marked A-1, consisting of site photos numbered The board looked at the photos. Mr. Husain said he took the photos the prior day in preparation for this meeting. He described the photos. The garage is set back to code from the property line and 255 from the right-of-way line. The photos showed the yard has a 6 vinyl fence. There is a stock pile of top soil to be used when the weather improves. Mr. Angeles will smooth it out, fertilize and seed the area. He is adding a swimming pool to his yard and finishing his basement. He planted evergreen trees at the fence line to the rear of the property. The Westlake adult community is on the other side of the fence. There is room for the cars to be parked. The existing home has five bedrooms, 3½ baths, and a two-car garage. He is using a 10 x 12 sunroom as his office. Other photos showed a well-established neighborhood. He had a building permit to construct the three-car garage. Exhibit A-2 is the building permit for the garage application, submitted to confirm it was built in accordance with the building code and meets the building requirements, including setbacks, minimum 50 from rear and 20 from side property lines. Mr. Husain commented on Ms. Miller s letter. While this is an undersized lot in the R-3 zone, Mr. Husain said this lot was originally approved and built in an R-1 zone, to which this lot conforms, Mr. Husain said this lot pertains to ordinance , Lots of Record, which Mr. Husain said is important because the Planner said the lot is undersized. Mr. Calogero asked when the house was built and was told two years ago. Ms. Miller said the ordinance section referenced applies to new houses. This application is a conditional use which must conform to current zoning requirements. The Board needs to evaluate whether the conditional use requirements mean the same thing. Their attorney said it is their position they are a conforming lot, but the issue concerns the use of the lot. Mr. Gertner asked what the denial indicated, and Mr. Megill said he did not deny it for lot size. Mr. Megill said ordinance (Home Occupations) contains twelve conditions, and if all conditions can be met, the application is heard by the Planning Board. One of the conditions is that the employees must live in the home, and one does not live there. Mr. DiGesu asked when the building permit was given a certificate of occupancy, and Mr. Angeles said an outstanding condition remains before the certificate of occupancy is issued. Mr. Sgro asked why he would wait a year to fix it. Mr. Megill said if inspections occur at least every 6 months, then the permit is good indefinitely. Mr. Angeles attorney said the outstanding item is very simple to address and will be. Regarding employment by residents, he has one outside employee and there are three residents in the dwelling. The area to be used for the office is less than 50% of the home, does not affect fire rating of the structure, there is adequate parking, there will be no external display of goods, no signs are proposed, and the home occupation does not affect the neighbors because they park the vans in the garage. No external alterations to the dwelling unit are proposed. The number of residents conforms, there are no firearms, and no parking of the vehicles on the street. They have a lot of parking available. They are just proposing a small painting business to be operated from his home. The clients do not come to his home; he visits them and prepares the proposals for them. They do not come to the site. Mr. Angeles said there are no paint deliveries to his home. Mr. Thesing asked for clarification on Item J, parking, stating that upon his site inspection, the vans were not parked where Mr. Angeles indicated. They were to the left near the property line. Mr. Husain referred to Exhibit A-1, Page 9, which shows the driveway coming in from the street all the way to the three car garage. Mr. Calogero asked if any workers come to the house and was told no, they meet at the jobsite, so they won t come to the Mr. Angeles home to park their cars. The attorney agreed with that. Ms. Miller asked how many employees he has and was told five, but he subcontracts. Paint is delivered to the site. Page 9 shows two parking spaces along the property line, and they will be moved to a location satisfactory to the Board engineer provided an approval is granted this evening. Mr. Calogero asked if he would have other types of business like snow removal and was told no; the plow is for his personal use. Mr. Thesing asked where the parking will be, and the associated turning movements. The board must evaluate that. Mr. Husain said the existing garage has 35 of concrete in front of it and is more than satisfactory for turnaround. Regarding parking access, the third employee would park his car in the garage when he takes the van out. Mr. Thesing saw cars parked outside, as did Mr. Calogero. Mr. Calogero asked how far away the pool is from the garage and was told it is 35 from the light fixture to the garage, straight across. The attorney clarified Mr. Gertner had a copy of the survey that was submitted. Mr. Thesing asked if they would comply with the plat requirements, and Mr. Husain agreed, stating he did not have a tax map sheet, but will add the key map and the existing and proposed grades; they are the final grades. Mr. Thesing wants the as built and it was agreed to be provided when the swimming pool is in. Ms. Miller wanted to clarify the remark about the lot area requirement and noted B states for future building additions or new construction, not conditional uses. She asked for testimony on how much property is used for the occupation and if there is enough room on the property for everything shown. Mr. Megill said there is a 25% lot coverage for structures. The yard is 20,000 square feet but they can t exceed 5,000 square feet of coverage. Mr. Calogero said structures look close to the driveway and asked if there is room. The attorney said the driveway is massive, and there is no bearing on the size of the regular vans driving down the double driveway. Mr. Calogero said the pool house abuts the driveway and asked if there is enough room for the three vans to enter and exit. The attorney said there is. Mr. Gertner asked if Mr. Husain could create room for the parking and the driveway. Mr. Husain asked there is an ordinance stating one cannot park a car so many feet from the property line. Mr. Thesing said there is, but doesn t know the number off the top of his head. Mr. Gertner asked if this has to do with Chapter , and Ms. Miller said not really, she wanted to know how many vehicles there were all together as not enough information was given to understand all the cars and vans involved and whether there will be sufficient room on the paths and the driveway. The pictures show cars parked in the unpaved areas. The Board needs to decide if that is appropriate. There needs to be adequate parking facilities. The attorney said there is one three car detached garage and one two car attached garage with a 30 asphalt pad in front of the detached garage and a 200 double-wide driveway. There is also ample parking in front of each of the attached garages. There is a massive area which may be paved to add two additional parking spaces if necessary. Recess at 9:35 p.m. Reconvene at 9:47 p.m. Attorney for the applicant said the paver blocks for parking on the left side are too close to the property line and will be removed. They will provide parking if required in front of the three-car garage. He feels Ordinance applies in defining this lot as a lot of record, but he will ask for a variance if needed under Ordinance Mr. Gertner asked him to state that for the record because it makes the variance cleaner. Fire expert Phillip C. Payne, self employed, stated his educational background and that he is a retired fire fighter and holds various fire official licenses. His credentials were accepted. He has reviewed the site. Regarding flammability of the items stored in the garage, there were 15 fivegallon containers of latex paint and several smaller cans of paint. Water paints are non-combustible. One all-terrain vehicle, a snow blower, a motorcycle, and a power washer were in the garage. These are usual items. No flammable

5 Page 5 Zoning Board Minutes of February 7, 2007 liquids were stored, only gas in the vehicles. Storing these vehicles or the paint does not change the fire rating of the structure. It is no different than a three-car residential garage. This garage is safer because it is not attached to the dwelling unit. Annual inspections could be required if the board so desires. There are fire extinguishers inside the garage. The sheetrock is above code. No floor drains for disposal of paint are there. Mr. DiGesu asked if fire protection is in the garage and was told no, it is not required, nor are the extinguishers, and the sheetrock is above code for fire rating. There is nothing in there. Mr. Costanzo asked if there were paint thinners or brush cleaners and was told no. Mr. Calogero asked how much paint is proposed to be stored there, and Mr. Angeles said he mostly paints new houses, using the same color. If he has15 gallons, they are used the following day. Paint is delivered to the site. He uses the same color paint over and over again. He said he uses stains and paint thinners, which are kept in the van, usually 1 gallon of each. Mr. Calogero asked about rags and brushes and Mr. Angeles said they are put in the dumpster when they are finished. Mr. Maher asked if the garage is heated and Mr. Angeles said he has an electric heater in there. The attorney asked if the storage of the paint thinner changes the fire rating structure and was told he can store 25 gallons of thinner without being in a flammable locked space, but the rags cannot be stored; they must be dumped. If he has one gallon per truck, that is 3 gallons. Mr. Gertner asked them to address the positive and negative criteria of this application. Mr. Husain said positive criteria is that the proposed use is low intensity and will utilize existing structures on site. It will not impact the neighborhood the way it is today. There is no negative impact on surrounding properties. As far as the enjoyment of those people s properties, you can t tell by looking there is a business there. The garage and home are consistent with the surrounding neighborhood. There is no detriment to public good or to the zoning plan. It would be a permitted conditional use if all three people lived in the home. PUBLIC SESSION OPENED Edward Smerecki, 77 Crooked Stick Road was sworn. He lives in the Westlake retirement community behind this applicant s property and is against the proposal. He is against an owner having a commercial business operating from a residentially zoned property. He is concerned about safety. Mr. Angeles detached garage is located very close to their homes, which are closely spaced and his house is about 150 from the garage; others are closer. His concern is for the hazard and danger the garage represents. A lightening strike would be dangerous to the homes in that neighborhood. He noted most of his neighbors in Westlake are senior citizens and are away for the winter, and more residents would have attended this meeting if it was held in warmer weather. Mr. Gertner said that was hearsay. Mr. Smerecki wanted to submit a letter from another resident, but Mr. Gertner said that was not allowed. Mr. Smerecki asked if the business would expand, who will check on that. There are hazardous concerns and he asked the board to consider this carefully. Kevin Reilly, 4 Meadow Run Court, moved to Jackson nine months ago. These are working class families and the neighbors care about one another. He speaks in favor of this application. The detached garage is for the vans. Mr. Angeles has one of the nicest backyards. The garage does not have a painting or spray booth. He lives next door and does not feel he is in harms way. Mr. Angeles wants a better life for himself, and the people behind him already made a better life. Westlake should be more concerned about their own neighbors - they had 6 fire calls versus none for Jose. Peter Kitay, 473 N. County Line Road, sworn. Mr. Angeles works for him and the majority of his work is latex paints. The homes have vinyl siding and the interiors are painted with latex with remaining paint left behind for touch up. He doesn t bring paint home as it would freeze. Colors are specific to the home, but mostly off white. His house is beautiful and immaculately kept. He is an American citizen living the American dream. Mr. Kitay is a fire commissioner and saw nothing that is a threat to his neighbors. Dean Pinto, 10 Meadow Run Court, sworn. He moved to this quiet area. Mr. Angeles does not change that. He has his own concerns about parking three vehicles and does not have the access Jose has. He lives near him, there is nothing unusual going on, and there is not a problem. Christopher Pommerencke, 5 Meadow Run Court, sworn. He is a neighbor across the street. His eight-year-old triplets are friends with Mr. Angeles children and play in that backyard, which is an oasis with a patio, pool, and plenty of room between that and the garage. Mr. Angeles yard is nicer than his, neat and clean. He sees Mr. Angeles house every morning and never sees the vans. They are parked out of sight. The people behind him should not be concerned. PUBLIC SESSION CLOSED Mr. Costanzo asked for clarification on the employees and was told his father is 62 and his stepson is 20. Mr. DiGesu, asked about outside agencies approvals and was told they would be a condition of any approval. Mr. Angeles agreed to an annual inspection by the fire inspector. The attorney will reach out to the engineer and send any letters to agencies that are required. Mr. Maher asked if they are giving a blanket variance for lot size or if site plan approval is necessary. The attorney said he will provide additional information from the as built on the plans, and the use variance would be contingent on that. Mr. Maher asked where the business has been operating since this went to court and the attorney said they still could operate from there until a final decision is rendered. Mr. Thesing said he interprets the back portion as a commercial use and wants the parking and drive addressed. Mr. Gertner said this is a home based vs. commercial use per Mr. Megill, and as long as the Board puts specific criteria in their resolution, they use the home as a commercial use. Mr. Megill said this was put in the code to allow home-based businesses instead of building other buildings. Mr. Gertner said as part of the debate of interpretation the basis is that these home-based businesses expand to commercial uses. The board could put checks on home-based businesses to make sure they don t grow, such as no customers, one non-related employee, and limiting the storage of paint materials, to limit the use. The Board is setting some precedent. The attorney will submit proof that the parking is sufficient for the use and there would not be changes to the current survey. This blends in with the community. Mr. Calogero asked Ms. Miller if she feels the positive and negative criteria have been met. She said the Board must decide if the site is suited to be a home occupation with parking and storage, or because the lot is designed a certain special way. You need reasons for departure from the code. Their reasons were not strong, but information gleaned from other experts can be weighed in this case. Their attorney said they have testimony from neighbors who said this is a fantastic area, and how is it that criteria is not gauged against the people it affects most? The only negative comment is from a neighbor 150 away, which is not a reasonable concern if the garage should burn. The neighbors on the street see it every day. They think it fits. Mr. Angeles moved his fence in 5 from his property line. They proposed to put trees in the back if the board desires. Mr. Calogero asked how long he has been in business and was told 12 years and grew to three vans six years ago. Mr. Angeles agreed to no increases in the size of the business, and deed restriction not to transfer the business. Mr. Maher asked if the person who picks up the third van arrives at his home by himself or is he picking up people on the way and was told he comes alone, drops off his vehicle

6 Page 6 Zoning Board Minutes of February 7, 2007 and picks up the van, and Mr. Angeles will accept that condition. Mr. Gertner asked why they are reiterating and was told because they are asking for waivers. Ms. Miller said they are putting on the record how they meet the criteria, and these are all the things for the board to consider. Mr. Calogero wanted to discuss the application among the Board members. Mr. Megill reminded the Board this application for a Home occupation is a conditional use; not all the conditions of the ordinance could be met by the applicant, so it must be heard by the Zoning Board and not the Planning Board. The Board then discussed conditions to be placed in any resolution of approval: maximum three vans, trees behind the garage. Mr. Costanzo disagreed with the trees, stating they are a fire hazard. The neighbor s testimony was good. They discussed the concerns about parking on the property line and said that should be moved. The applicant is willing to park on the existing macadam. They will submit an as built showing the parking on the macadam. There will be no customers coming to the site, hours of operation are to leave the house at 7 a.m. and return between 5 and 6 p.m., and weekends if necessary. There will be no deliveries to the site. The applicant is subject to an annual fire inspection. There will be no storage of any used rags or unless they are stored in a fire safe container. Under 100 gallons of materials will be stored, and only latex paints. The application is pending outside agency approvals. Mr. Thesing said the certificate of occupancy on the garage is needed within 30 days of the adoption of the resolution. Mr. Thesing also said they wanted a deed restriction on the use. The Board waived site plan approvals as the applicant will provide an as built with a grading plan. MOTION TO APPROVE WITH THE FOREGOING ELEVEN RESTRICTIONS BY MAHER/Calogero. YES: Maher, Calogero, Costanzo, LaBianca, DiGesu,. Bouthillette, Sgro. Motion to adjourn at 11:15 p.m. by DiGESU/Calogero. YES: By Affirmation. Respectfully submitted, Janice Kisty Zoning Board Recording Secretary