Old Bridge Township Zoning Board Denies MCB Landscaping LLC Application for Highway 516 Property
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Meeting Type:
Zoning Board
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Meeting Date:
08/15/2024
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Recording Published:
08/15/2024
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Duration:
44 Minutes
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State:
New Jersey
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County:
Middlesex County
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Towns:
Old Bridge
- Meeting Overview:
The Old Bridge Township Zoning Board of Adjustment convened to discuss multiple applications, including the denial of a bifurcated D variance for MCB Landscaping LLC, requests for variances for existing structures on Greenwood Avenue, and design waivers for residential driveways.
The most notable decision from the meeting was the unanimous vote to adopt resolution 44-2023, which denied MCB Landscaping LLC’s application for a bifurcated D variance. The company sought to operate a landscaping business and construct a pole barn on a property located on Highway 516, a residential zone that restricts commercial use and additional principal structures. The board concluded that the proposal did not meet the criteria for advancing the municipal land use law’s objectives. Despite testimony from the business owner and experts, the board found that the proposed use was neither inherently beneficial nor suitable for the location.
Another topic was the application by Heidi Gross regarding her property on Greenwood Avenue. Gross sought to legitimize two sheds and a deck that violated zoning setbacks. The sheds had been on the property since she inherited it in 1992, with indications they may have been there since the family purchased the property in 1961. Gross faced complaints from a neighbor, leading to the need for three C variances: one for a rear yard setback of a shed, another for a side yard setback, and a final one for the deck’s side yard requirement.
During the discussion, Gross clarified that the sheds were used for storing personal items, not for commercial purposes. The board members expressed understanding of the historical context of the property, noting it was “unfair” to require Gross to move the sheds, as they predated current zoning ordinances. The board attorney confirmed no public opposition to the application, and the board leaned towards recognizing the situation as a “pre-existing non-conforming” case. This designation would acknowledge that the structures existed before the current regulations and might justify the variances sought.
In another case, Jason Focarino sought a design waiver for a second driveway at his property on Piure Road. Focarino explained that he built a garage and assumed the driveway would be included under the same permit. The township ordinance only allows one driveway per 200 linear feet of frontage, and Focarino’s property had only 87.5 feet of frontage. The board attorney noted that while the pole barn was constructed with the proper permits, there was no record of a permit for the additional driveway.
Focarino acknowledged the oversight and emphasized the necessity of the driveway for practical use, reiterating that it was intended for vehicle access to the pole barn. No public objections were raised, and the board moved toward a vote on the variances requested in both cases, showing an understanding of the practical considerations involved.
The board also discussed an application from an individual who had unknowingly made a roadway cut without the required permit. The applicant promptly sought the necessary permits upon being informed by a township representative. The board expressed understanding, noting that the applicant had made genuine efforts to comply with regulations. The design waiver request was unanimously approved, with the applicant instructed to obtain a Right-of-Way permit from the engineering department.
Another application involved the expansion of an existing one-car driveway to accommodate two vehicles. The board noted the commonality of such expansions in the neighborhood, with many nearby properties undergoing similar changes. The applicant sought to remove a patch of grass to create additional parking space, requiring a single design waiver for the driveway setback. The board largely supported the application, emphasizing the practical benefits and improvement in property aesthetics. The public portion of the meeting yielded no objections, and the board voted in favor of the application.
During the general public comments segment, a member of the public expressed a desire to speak but was advised to return at the next meeting. Board members stressed the importance of compliance with regulations and permits, highlighting the collective benefit of home improvements. The meeting was adjourned with a reminder about the next session scheduled for September 5th.
Eleanor Walker
Zoning Board Officials:
James Sullivan, Doreen Chevalier, Leon Scogno, Rosanne Andrews, Louis Izzo, Benjamin Stoner, Patricia Testaverde, Devinder Singh, Michael Victoria, Maureen Porcelli, Christopher Dasti (Attorney)
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Meeting Type:
Zoning Board
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Meeting Date:
08/15/2024
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Recording Published:
08/15/2024
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Duration:
44 Minutes
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Notability Score:
Routine
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State:
New Jersey
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County:
Middlesex County
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Towns:
Old Bridge
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