Minutes of the Township of Aberdeen Zoning Board of Adjustment Public Meeting of Wednesday, July 10, 2013 Present are Mr. Bucco, Mrs. Camillary, Mrs. Friedman, Mr. Phelps, Mrs. Williams, who arrived after roll call. Also present is Marc Leckstein, Esq., Leckstein & Leckstein Absent are Mr. Falco, Mrs. Gotell, and Mr. Phillips Mrs. Camillary moves, seconded by Mr. Bucco, to carry the executive session to the end of the meeting, and on voice vote all members agree. New Business, V 13-112/Butler, Applicant and Property Owner: Babar Butler, 305 Maxwell Street, Block 202, Lot 1.01, Variance to install 10 ft. x 12 ft. shed, 3 ft. +/- to side property line where 10 ft. minimum required, and 3 ft. +/- to home where 10 ft. minimum required, on property with single family home located in the R 100 zone. Mr. Leckstein swears in Mrs. Rescorl. Babar Butler, the applicant, is sworn in by Mr. Leckstein. Mr. Leckstein marks as Exhibit A-1 a survey prepared by Hallard & Associates, Theodore A. Hallard, dated April 20, 2004; marked as Exhibit A-2 are five photographs showing the applicant s property. Note that Mrs. Williams arrives at the meeting. Mr. Butler wants to build a 10 ft. x 12 ft. shed for storage to replace the shed he has on his property now. The proposed shed will take up part of the area of the old shed, but is larger. Mrs. Rescorl says he is in the R 100 zone, so anywhere on the lot will be a problem to place the shed as he needs 10 ft. from the rear and side property lines and 10 ft. from the house. Mr. Butler says the shed is wood, buying it at Home Depot. There will be no utilities connected to the shed. He will store his lawn mower and things to cut the grass and tools. Mr. Bucco is concerned about the right front corner would be 3 ft. +/- from his house; Mr. Butler says he wants to move it closer to store his stuff. Mr. Bucco says he is concerned about storing gas so close to the house. It could be put back further in the corner. Mr. Leckstein says the Board is suggesting to grant a greater variance, which is fine. Mrs. Rescorl says we can move it closer to the property lines and away from the house. Mrs. Camillary says match up to the existing shed in the corner. Mrs. Rescorl says put it 3 ft. from the rear and side property lines and it will eliminate the variance to the house. Mr. Leckstein says the starting point will be at the 7.3 ft. mark shown on the survey for the existing shed. The applicant agrees to this. Mr. Butler says there will be doors on both the 10 ft. and 12 ft. side of the shed.
Page 2 Mrs. Rescorl says by moving the shed it will probably be at least 10 ft. to the house. It will definitely not need a variance to the house if it is moved back 3 ft. to the rear and side property lines. The Board agrees to approve the shed, moving it back to where the right front corner of the existing shed is. Mrs. Camillary moves to grant the approval, seconded by Mr. Bucco. Yes: Mr. Bucco, Mrs. Camillary, Mrs. Friedman, Mr. Phelps, Mrs. Williams No: None Abstain: None New Business, V 13-113 (rev)/deshpande, Applicant and Property Owner: Satish and Kirti Deshpande, 22 Ivanhoe Lane, Block 59, Lot 5, Variance request to construct one story addition, rear yard set back required 25 ft. minimum, proposed 23 ft., principal building coverage permitted 20% maximum, proposed 20.75%, on single family home in the R 75/PC zone. Mr. Leckstein swears in Maxine Rescorl. Mr. Leckstein swears in Satish Deshpande, the applicant, and marks as Exhibit A-1 a set of six sheets of a site plan prepared by Mr. Malhotra, architect, dated 5/13/13, marked as Exhibit A-2 is a survey of the property prepared by William J. Butler of Control Layouts, dated June 24, 1995, showing a shed on the property, but that is not the subject of the application. Marked as Exhibit A-3 is a series of five photographs, of which the proposed addition has been hand drawn in. Mr. Deshpande says his wife took the photographs and hand drew in the proposed location of the addition. Answering Mr. Bucco, Mr. Deshpande says there will be a family room, bedroom, no kitchen. It will remain a single family home after the addition is approved, and the addition is only one level. Mr. Leckstein marks as Exhibit A-4 additions and alterations to the residence dated June 21, 2013, prepared by the architect. Answering Mrs. Camilly, Mr. Deshpande will enclose the front porch to make a larger room. Mrs. Rescorl, relaying information from Tim Gillen, the Board s engineer, has reviewed this proposed addition and has no issues. Mrs. Rescorl says the lot is irregular and the applicants have changed their plans to increase the size of the addition, thus exceeding lot coverage. Mr. Desphpande says the plants in the front will be removed as well as landscaping on the side. There are small trees in the rear that will not be affected. There will be new siding on the entire house, and the siding will conform with the rest of the neighborhood, answering Mr. Bucco.
Page 3 Mr. Leckstein clarifies the most updated version of the plans are dated June 24, 2013, and they are marked as Exhibit A-1. Mr. Desphande says the original plans had smaller rooms. Mr. Bucco, again asking the applicant about the siding, everything will match the existing home on the roof and the house will be sided. Mrs. Camillary moves to grant the variances, seconded by Mrs. Friedman. Yes: Mr. Bucco, Mrs. Camillary, Mrs. Friedman, Mr. Phelps, Mrs. Williams No: None Abstain: None New Business, V 13-110 (rev)/castriciano, Applicant and Property Owner: Santo and Francesca Castriciano, 32 Avalon Lane, Block 14, Lot 15, Variance request to maintain enclosed outdoor kitchen built less than 3 ft. to side property line and less than 10 ft. to house, where outdoor kitchens are not a permitted accessory, and permitted accessory structures must be a minimum of 3 ft. from side property lines and 10 ft. to house, erected without prior approvals, and maintain 8 x 8 ft. shed 2 ft. +/- from rear and side property lines where 3 ft. minimum required and approved, on single family home in the R 75/PC zone. Mr. Leckstein swears in Maxine Rescorl. Mr. Leckstein swears in Santo Castriciano, the applicant. Mr. Leckstein marks as Exhibit A-1 a survey prepared by Brunswick Survey Inc. dated January 8, 2001, showing the area hand drawn and highlighted that is the subject of the application. Marked as Exhibit A-2 are a series of nine photographs depicting what the property looks like today, taken by the applicant. Mr. Castriciano, under questioning by Mr. Phelps, says the outdoor kitchen was not on the property when he purchased it. Mr. Leckstein says they put the kitchen there, the applicant is selling the property, and in order to get a CO they need to resolve the issues of the outdoor kitchen. Mr. Castriciano says it is a barbeque area, which Mr. Leckstein says under the Ordinance is a structure. Mr. Castriciano, answering Mrs. Camillary, says there is a pizza oven there as well. Mrs. Rescorl says outdoor kitchens are a permitted use in single family residential zones, it is close to the property line and the roof makes it too close to the house. The shed was previously approved to be 3 ft. from the rear and side property line, but because the applicant installed a pool and deck for which he was denied for the pool, he put the shed 2 ft. from the property lines. He has since removed the pool and deck. The pool was denied because it was in an easement, where pools are not permitted. He never applied for approvals for the deck he put around the pool, which deck was also in the easement. Answering Mrs. Friedman, Mrs. Rescorl says all structures are to be 3 ft. from the rear and side property lines in this zone and 10 ft. from the house. Originally the applicant told me he built an outdoor kitchen, but when he presented the pictures it showed the structure enclosing the kitchen.
Page 4 Mr. Castriciano, answering Mr. Leckstein, says there is no place he can move the kitchen; he can take it down. Answering Mrs. Camillary, the applicant states his property is 80 x 121 ft. Answering Mr. Leckstein, the applicant says he can relocate the shed 1 ft. back to where it was approved to be. There is electric in the shed, which was not originally approved according to Mrs. Rescorl. The applicant states the controls for the pool were in the shed wall as well. There is a light over the front door of the shed. Mr. Leckstein says in order for the applicant to get a CO for the shed, he must get an electrical permit for the electric in the shed. Mrs. Rescorl says he will need electrical permits as well as plumbing and fire and building for the outdoor kitchen in addition to the electrical for the deck, as well as electrical he installed on the patio. Mr. Leckstein says the purchasers will be unable to buy the property until all permits are applied for, issued and inspected and closed out. The perspective buyers are in the audience. Mr. Leckstein says the issues before the Board are the shed, the kitchen, the barbeque. Answering Mr. Phelps, the applicant states the shed is on pavers, then he says cinder block. It can be moved. Mrs. Rescorl is more concerned that the kitchen is approved and proper permits applied for. Answering Mr. Phelps, the applicant states there is cold water running to the kitchen. Looking at the pictures with Mr. Bucco, the applicant states the roof of the kitchen is 3 ft. to the house and at the bottom 4 ft., there is a sidewalk, the roof is terra cotta, the kitchen has a grill and oven and chimney, which goes thru the roof, but there are no chairs or tables in the kitchen. The applicant says he built the kitchen about nine years ago. The applicant states he is a contractor and built this all himself. He does this type of work for a living and worked for New York City Transit. Allen Fischetti is sworn in by Mr. Leckstein and states he hopes to relocate from Raritan to Avalon Lane. He asks the Board the time line. Mr. Leckstein says after the resolution is done, which hopefully will be done on August 14. The applicant will publish that resolution and then apply for permits, so nothing can happen before August 15. Mrs. Friedman moves to grant approvals to include relocating the shed to where it was originally approved, or removing the shed. The applicant will move the shed, so the variance for the shed will be denied because it will be relocated, according to Mr. Leckstein. Seconded by Mrs. Camillary. Yes: Mr. Bucco, Mrs. Camillary, Mrs. Friedman, Mr. Phelps, Mrs. Williams No: None Abstain: None
Page 5 Memorialization of Resolutions will be done at the next meeting, August 14, 2013. Executive Session Executive Session Discussion/Vote for Zoning Board Attorney to represent the Board in the appeal to the Appellate Division of FH Line Road vs. the Zoning Board in regard to the CDRT, dba Tab Ramos, application. Mr. Leckstein says there is no need to go into executive session, he just needs a motion to permit him to answer the appeal. Mrs. Camillary moves the approval, seconded by Mr. Phelps, and on voice vote all members present tonight approve. Edward Failla, 306 Church Street, Aberdeen, tells the Board they did a great job tonight. He asks if notices are sent out for these meetings. Mr. Leckstein explains applicants send out notices to everyone within 200 ft. of their property, and advertise it in the newspaper. He presumes all the neighbors are happy with the applications tonight because no one came out and opposed anything; Mr. Leckstein tells him you can t assume that even if they don t come out and complain. Mr. Bucco says this room has been packed at times with people who oppose an application. Mrs. Camillary says it is usually when it is something large, like a new development, antennas going on water towers, parking lots, that s when people come out. Mr. Leckstein says also neighbors concerned about something going up on a neighbor s property. Mrs. Camillary says she is shocked no one came out for the kitchen; Mr. Leckstein says it has been there for so long. If he had applied when he was building it, there probably would have been objectors. Meeting adjourned. Zbmin071013