MINUTES OF REORGANIZATION/REGULAR MEETING OF THE JACKSON TOWNSHIP BOARD OF ADJUSTMENT FEBRUARY 19, 2020

The February 19, 2020 Jackson Township Board of Adjustment Meeting was called to order at 7:02 p.m. with a salute to the flag by all present. Attorney Sean Gertner read the Open Public Meetings Act Statement and announced that adequate notice has been provided for this meeting.

ROLL CALL:

Absent: Scott Najarian, James Hurley

Also Present: Sean Gertner, Board Attorney, Evan Hill, Board Engineer, Ernie Peters, Board Planner, Frank Miskovich, Traffic Engineer, Jeffrey Purpuro, Zoning Officer, Toronto Representative, Court Reporter and Danielle Sinowitz, Zoning Board Recording Secretary.

APPROVAL OF MINUTES: Approval of February 5, 2020 Meeting Minutes by COSTANZO/ Miller Yes: Maher, Miller, Fritch, Borrelli, Costanzo, Book

APPROVAL OF VOUCHERS: Motion to approve a voucher for Torro Reporting, LLC in the amount of $250.00 for February 19, 2020 & a voucher for Danielle Sinowitz in the amount of $150.00 for the meeting of February 19, 2020 by MCILHINNEY/ Costanzo. Yes: Maher, McIlhinney, Miller, Fritch, Borrelli, Costanzo, Book

Ms. DeBella swore in the Board's Professionals, who identified themselves and their positions with the Township.

MATTERS FOR DISCUSSION: ADMINISTRATIVE APPROVAL: 8 Denmark Lane, Block 13601, Lot 23. Mr. hill stated as the Board may recall the application by Barry Zolty for a single family dwelling, and as part of the approval and package, the applicant purposed to vacate a drainage easement that was not located correctly, and create a new drainage easement, and the applicant has been working through resolution compliance and was then asked to review a deed more recently, in which the easements were vacated and created in 1980, which was done exactly as asked, and the Board asked for architectural, and it was decided it would be best to formally act to remove that requirement as it was already done in 1980. Mr. Book asked if this has been memorialized, because then there will no sense in asking the applicant to complete something that was already done. Mr. Gertner asked Mr. Pfeffer if there was anything additional add, and asked Mr. Hill if he was satisfied with the 1980 easement. Mr. Hill said yes, and stated there is an easement completed in 1980. Adam Pfeffer-attorney for the applicant-stated this was before the Board for the original application, and the title work and survey work took all the work and placed it in one spot and after research the piping was in the wrong place, and there were going to be some changes, and all of the paperwork has been completed, and atritcheuals have been completed, and the square footage changed however there are no new variances. Mr. Pfeffer stated there is an 115SF difference, and the architectures will have to be reviewed by the building department, however the applicant wanted to come before the Board to get that taken care of. Mr. Maher asked if the house will be a single family house only. Mr. Pfeffer stated that was correct, and noted the applicant has been on the site for 12 years and has outgrown the house. Mr. Gertner mentioned there was one condition which was that a Certificate of Occupancy cannot be obtained without the current residence being removed. Mr. Book asked for a motion to remove the easement relocation, and in addition to architectural plan.

Motion to approve by MCILHINNEY/ Maher. Yes: Maher, McIlhinney, Miller, Fritch, Borrelli, Costanzo, Book.

Mr. Book announced that there are two members that are not here this evening however there are two alternates that will be participating and actively voting on tonight's agenda.

ANNOUNCEMENTS: Mr. Gertner addressed application 4. White Oak Center LLC, Block 11501, Lot 7.02, 130 Pushkin Road- Peter Van Dyke- attorney for the applicant. Mr. Gertner stated that Mr. Van Dyke represents the White Oak application which is a remand, and as part of the remand the Board has to be educated and review and read the transcripts, and there are members who have not had the opportunity to read the transcript, and there are only 4 members eligible to vote and this application needs at least 5. Mr. Van Dyke mentioned that dates were provided when the application could come back, and although this is disappointing, there are only 4 members eligible. Mr. Gertner stated the Board did not want to put this out for applicant or the residents in attendance and there is March 4, 2020, or April 1, 2020 available. Mr. Van Dyke stated April 1st would be best. Mr. Gertner announced for members of the public item 4. White Oak Center LLC, Block 11501, Lot 7.02, 130 Pushkin Road on this agenda has been carried to the April 1, 2020 meeting, there will be no further notice required, and that matter will be heard April 1, 2020. Mr. Gertner also asked that the Board members please read the transcripts provided.

APPLICATIONS: 1. Gary & Doreen Dulowski, Block 7302, Lot 4, 8 Bryant Drive- Mr. Book stated this application is before the Board where a variance is being sought for a rear deck at less than 35' to the rear property line. Mr. Dulowski said the deck has been there for 20 years, and when he went to sell the house and obtain a CO, he was made aware of the Township ordinance, at the time the deck was built he was out of the country, and assumed everything was okay. Mr. Book mentioned there was a survey provided to Gary and Doreen Dulowski, and there is a drawing of the deck that was drawn on the survey, however there are no dimensions, and asked what the dimensions are. Mr. Dulowski said the deck is 24.9'x12'. Mr. Book asked if the deck is 12' out from the back, and 24.9' across. Mr. Dulowski said that is correct, and said when the deck was built the contractor said there was a permit, and then when the property was going to be sold, he was made aware that there was no permit obtained. Mr. Book asked when the time came to obtain a certificate of occupancy, it could not be obtained because of the deck, and the buyer wasn't willing to take the home with the deck, and if there is no variance will that break the deal. Mr. Dulowski said that is correct. Mr. Costanzo asked if the deck is the only concern, there is no AC condenser. Mr. Dulowski said there has been a permit obtained for that. Mr. Costanzo asked what the elevation of the deck was. Mr. Dulowski said 3'. Mr. Book asked once there is a variance, the applicant will still need building permits. Mr. Purpuro stated that is correct. Mr. Gertner noted that it appears based on the location of the house and the drawing of the deck, it appears that the largest deck the applicant could have would be only plus or minus 5', and the hardship is that deck would only be able to go out 5', and this is the only useful design, and the fact that the deck would not be useable, a variance would need to be sought, and since it's been there for 25 years the applicant is asking the Board to look past the