August 4, 2009 Tuesday Zoning Board of Adjustment

Pursuant to the “Open Public Meeting Act,” The Sentinel and the Gloucester County Times were notified of this meeting. A public notice was posted in the Municipal Building. The meeting of the Township of Franklin Zoning Board of Adjustment was called to order by Chairman, John Gravenor at 7:31 PM with the following members present: Dennis Dittmar, Dakar Ross, and Fred Schiavone. B. Michael Borelli, Solicitor and Robert Errera, Zoning Officer were present. Patricia Knobloch, Community Development Director, and David Battistini, Engineer were absent. Rich Iglesias, William Dalessandro, Dana DeCesari and Alt. 1- Kevin Kelton were absent. Alt. 2-William Lahn was absent due to hospitalization. Mr. Gravenor led in the flag salute. MINUTES Upon a motion by Mr. Schiavone, seconded by Mr. Dittmar, all in favor, to approve Minutes from the July meeting as submitted. Motion passed. AGENDA ZB09-16 Robert Jones B5301 L4 C Variance for Single-family dwelling on undersized lot New York Avenue ZB09-15 Harry Wagner B502 L17 D Use Variance for expansion of Pre-existing Non-conforming use (Addition to existing home in N-C zone Tuckahoe Road Resolutions Secretary’s Report Correspondence Adjourn ZB09-16 Robert Jones B5301 L4 C Variance for Single-family dwelling on undersized lot New York Avenue Avenue Mr. Borelli states all papers are in order. Mr. Gravenor states there are 4 members present and you need majority vote, which is 3 votes. Robert Jones of 195 New York Avenue, Newfield, NJ is sworn in. Greg Logan of 265 S. Charleston Avenue, Lawnside, NJ is sworn in. Robin Holmes of 195 NY Ave is sworn daughter of Robert Jones in. Mr. Jones states this is for his daughter, Robin Holmes, they wish to continue and she can speak on his behalf. Ms. Holmes states she wishes to build a home on 21,000 sq. ft. lot, it is an undersized lot, and she has notified adjacent homeowners. She sent letter with form letter to adjacent homeowner, who is a relative and was not interested and did not respond in writing. Mr. Borelli asks if Fir Street (Paper Street) was vacated. Answer, No-Fir Street is a paper street. Mr. Gravenor states he doesn’t believe it can be vacated with home on it and also states this is one of the larger homes.

7:38 PM Kevin Kelton arrives and is seated. Mr. Gravenor states Kevin Kelton is seated in the absence of Dana DeCesari. Mr. Errera states Mr. Jones has accumulated the lots over the years and felt ½ acre was more than enough, there was an attempt to comply as he kept purchasing lands. Upon a motion by Mr. Dittmar, seconded by Mr. Schiavone, all in favor, to open the public portion. Motion passed. Dr. Roscoe Murphy steps forward, shakes all Board members hands and states it has been an honor coming before the Zoning Board Members in the past and states he may not make many more meetings. Dr. Murphy is sworn in and states he has known Mr. Jones and Robin for many years and feels this variance can be granted. Mr. Gravenor states Dr. Murphy’s comments are well respected. 7:42PM. Upon a motion by Mr. Kelton, seconded by Mr. Ross, all in favor, to close the public portion. Motion passed. Mr. Greg Logan states that if approved, the applicant respectfully requests an early issuance to start building right away. Mr. Gravenor states that applicant carries the Burden. Mr. Logan states they understand. Upon a motion by Mr. Schiavone, seconded by Mr. Kelton, to approve ZB09-16 as presented and directs applicant to Zoning Officer for early issuance of zoning permit. RCV: Mr. Dittmar, yes; Mr. Ross, yes; Mr. Kelton, yes; Mr. Schiavone, yes; Mr. Gravenor, yes. Motion passed. ZB09-15 Harry Wagner B502 L17 D Use Variance for Expansion of Pre-existing Non-conforming use (Addition to existing home in N-C zone Tuckahoe Road Mr. Borelli states all papers are in order.

Don Saia of Ameriscape Building Design is sworn and states that he is helping out Mr. Wagner, but he is not an attorney. Harry Wagner of 4049 Tuckahoe Road, Williamstown, NJ is sworn in and states that Mr. Saia will speak for him. Mr. Gravenor announces that there are 5 members present and states applicant needs 5 affirmative votes for D Variance. Mr. Saia states he understands and that they will continue, and passes out his letter, which he reads from. Mr. Saia states he owns Ameriscape Building Design and he is speaking for Mr. Wagner and is not an attorney. Mr. Saia states this home was built in the 50’s, applicant faces hardship as it was built and now changed to NC zone. Mr. Wagner has become more and more ill and this addition will aid in his quality of life. Mr. Saia states he does criminal background check on his workers and holds a valid certificate of insurance for construction. Mr. Saia states he is available for questions. Mr. Wagner states he has read this statement that Mr. Saia read and this is correct and accurate as to what he wishes to represent. Mr. Errera states if you look back to site survey, it meets setbacks. Mr. Wagner states we are getting up in years and need two bathrooms. Mr. Saia states Mr. Wagner may be starting Dialysis and an extra bathroom will be very nice for the Wagners. Both sides have homes on it. Mr. Saia explains the existing home is 2 Bedroom dwelling and will remain a 2 Bedroom dwelling. House is 54’ x 25’.

Upon a motion by Mr. Schiavone, seconded by Mr. Ross, all in favor, to open the public portion. Motion passed. No one present for question or comment. Upon a motion by Mr. Dittmar, seconded by Mr. Ross, all in favor, to close the public portion. Motion passed. Upon a motion by Mr. Dittmar, seconded by Mr. Schiavone, to approve ZB09-15 Harry Wagner for Expansion of Pre-existing non-conforming use-addition to existing home within N-C zone as presented. RCV: Mr. Dittmar, yes; Mr. Ross, yes; Mr. Kelton, yes; Mr. Schiavone, yes; Mr. Gravenor, yes. Motion passed. Resolutions Upon a motion by Mr. Dittmar, seconded by Mr. Schiavone, all in favor, to approve the following Resolutions: ZB09-4 Metro PCS PA, LLC; ZB09-13 Tammy King; ZB09-14 Marcia Bolinsky & Margaret Hoffman. Motion passed. Secretary’s Report Upon a motion by Mr. Dittmar, seconded by Mr. Ross, to approve Secretary’s Report for July in the amount of 710.00. RCV: Mr. Dittmar, yes; Mr. Ross, yes; Mr. Kelton, yes; Mr. Schiavone, yes; Mr. Gravenor, yes. Motion passed. Correspondence Mr. Borelli states that we were successful with the Route 40 litigation, but now you can see the Order in the Correspondence. Mr. Borelli states we need to go into closed session to discuss litigation. 7:57PM Upon a motion by Mr. Schiavone, seconded by Mr. Kelton, all in favor, to go into Closed Session for litigation information sharing only, no decisions. Motion passed. 8:25 PM Upon a motion by Mr. Dittmar, seconded by Mr. Schiavone, all in favor to return to open public portion. Motion passed. ADJOURN Upon a motion by Mr. Dittmar, seconded by Mr. Schiavone, all in favor, to adjourn meeting at 8:25PM.

Respectfully submitted,

E. Lynne Rafuse, Zoning Board Secretary Township of Franklin