Township of Edison
Zoning Board of Adjustment
Special Meeting Minutes
March 25, 2014
Chairman Holmes called the meeting of the Zoning Board of Adjustment to order at 7:05 PM.
Adequate notice of this meeting, as required by the Open Public Meetings Act of 1975, has been provided by
the Annual Notice published in The Home News & Tribune on November 22, 2013 and has been posted in the
Main Lobby of the Municipal Complex on January 2, 2014.
The Chair called for the Pledge of Allegiance to the Flag.
Chairman Holmes would like to say that long term community activist, Jane Townsman, passed away recently.
He would like to take a moment of silence in recognizing her contributions to the Municipality and to recognize
her passing.
Roll Call
Board Members present were Holmes, Shah, Petti, Errico, Feterik and Sendelsky. Also present were Messers P.
Bradshaw, H. Bignell, M. Carr, S. Lombardi and L. Grabowski. .
Absent were Board Members: Dave, Beri & Verma
New Business:
Case # Z 08-2014, Daniel & Nicole Gross, 2 Dill Court, Edison, NJ 08817.
Section 37-63.1 (4)(7). Bulk variances sought to construct a second floor addition to an existing home on a
corner lot. Front yard setback required 25, existing 16 feet. Rear yard setback required 30 feet, proposed 27.85
feet. Affected property is located in the RB Zone at 2 Dill Court, designated as Block # 1104 Lot # 17 on the
Edison Township Tax Map. All paperwork is in order.
Mr. & Mrs. Gross, the applicants, are sworn in to testify on their own behalf. Mr. Hernandez, architect, is also
sworn in to testify. Mr. Hernandez handed an exhibit to Mr. Bradshaw it is marked as A-1. Mr. Hernandez
states that A-1 is the start of the design of the front elevation of the home just to get a visual of the proposed
addition. Mr. Gross states that he would like to maximize the amount of livable square footage within the
existing footprint of their home. Modern day standards they have a large family, they have four children ranging
from age 14, 8, 5 and 2. Mr. Gross states they are not of small physical stature, he’s 6’2”, his wife is 5’6”, two
of the kids are already tall.
Ms. Petti states that it appears to her that the two variances they are looking for are actually pre-existing as far
as the front yard and rear yard setback; applicant agrees. Mr. Gross states it is a ranch and the way it sits the
variances are existing. Mr. Hernandez states that the cantaliver will not affect the home. The addition will allow
four bedrooms and two bathrooms; it is much needed space. They will just be taking some of the bedrooms to
the second level and opening up some walls on the first floor for a larger living room and dining room.
Ms. Petti asks if the height will conform; yes it will. Mr. Sendelsky asks if they are cantilevering out just 2 feet
on the second floor; yes. They will be on the rear and for esthetic appearances on the front of the home. They
have received a copy of Mr. Medina’s engineers report and will comply.
Within 200’ radius: none
Outside 200’ radius: none
Condition(s) for approval: Eng. Report
Whereas no objectors appeared, a motion was made by Sendelsky to approve the application , there were no objectors,
and feels this would not be a detriment to the neighborhood. Motion seconded by Feterik. AYES: Holmes, Sendelsky,
Shah, Errico, Feterik and Petti NAYS: None
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Case # Z 09-2014, Pagoda Homes LLC, 33 Wood Avenue S, Suite 600, Iselin, NJ 08830.
Section 37-63.1(2)(17). Bulk variances sought to construct a new single family home on an undersized lot.
Minimum lot area required 20,000, existing 14,500. Minimum lot depth required 150 feet, existing 145 feet.
Affected property is located in the RA Zone at 65 Tingley Lane, designated as Block # 425, Lot # 2.D3 on the
Edison Township Tax Map. All paperwork is in order.
Davis Bressler, attorney, is here to represent the applicant. Mrs. Wong, applicant, is sworn in to testify. She is
the owner of Pagoda Homes; she does own the subject property. Mr. Bressler would like her to explain to the
Board her history of construction. She states that she builds home around the Edison area; approximately 5 or 6
in Edison so far. They are asking for a variance for minimum lot depth and minimum lot area. If the Board is
not aware, 5 feet of the property was taken by the Township back in 1964 which changed the lot depth from 150
to 145 feet. Mr. Bressler has copies of the deed and survey if the Board would like to review; the Board already
has copies.
Chairman Holmes asks if it an empty lot; Mr. Bressler states not yet. Mr. Bradshaw asks if there will be
demolishing or will they be modifying the house; the home will be demolished with an entirely new footprint.
Ms. Petti asks if they received a copy of Mr. Medina’s engineers report and will she comply with it. The
applicant is given another to look over; she will comply. Mr. Bressler states he will not be able to address all of
these today since he has never seen it. Ms. Petti states in regard to the letter that there is a lot involved.
Chairman Holmes states that without knowing if they will comply with the engineering letter, they will not be
able to vote on the application this evening.
Mr. Bressler states that he has a full set of plans of the home they are proposing to build on site; it was not
incorporated into the application that the Board received. Mr. Lombardi states that it is his understanding that
the home conforms in all other ways to the size of the lot; the only deficiency was the area of the lot because it
is in an RA Zone and it is an undersized lot. He also states that the zoning department, Mr. Herbert, did review
the plans and the house itself conforms even though the lot is undersized.
Mr. Lombardi states that the zoning permit was denied for lot size and once a new zoning permit is submitted,
Mr. Medina will review the plans for compliance as he does for all single family homes. Ms. Petti asks if they
would be able to make a decision based on what is in front of them now while the applicant has a chance to
review Mr. Medina’s report as per her attorney. Mr. Bradshaw asks the applicant if she will comply with the
report. Mr. Lombardi states that they have to comply with the report; Mr. Bradshaw disagrees. Mr. Bradshaw
states that there are things that the Board can grant for waivers so therefore they applicant needs to agree to the
review letter.
Chairman Holmes suggests that they do not vote on this application tonight and have them come back after
reviewing the report. Mr. Bradshaw would like to know if the Board would want them to bring an engineer back
with them. Chairman Holmes states they will not vote this evening; if the applicant wants, she can bring an
engineer. Mr. Bressler states he would like to do the testimony he has this evening and then come back in front
of the Board after he has time to review the letter.
Mr. Lombardi states if the lot were 20,000 square feet, they would not be in front of this Board tonight and
everything on Mr. Medina’s report would be required. The applicant, Ms. Hong, agrees to comply with the
report. She states it is a very old home and in very bad condition. It is very low and gets flooded easily. There is
no land adjacent to the property that could be purchased and make the lot conforming. There are larger homes
going up in the area and this new home would fit into the neighborhood. The new home will be just over 3,100
square feet.
Within 200’ radius: none
Outside 200’ radius: none
Condition(s) for approval: Eng. Report
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Whereas no objectors appeared, a motion was made by Petti to approve the application , there were no objectors, and
feels this would not be a detriment to the neighborhood. Motion seconded by Feterik. AYES: Holmes, Sendelsky,
Shah, Errico, Feterik and Petti NAYS: None
Case # Z 57-2013. Park Avenue Stars, LLC, d/b/a High Energy All-Star Training, 3775 Park Avenue,
Unit 8B, Edison, NJ 08817. Section 37-31.1, 37-60.3. Use variance sought for utilization of a 10,635 square
foot suite for a cheerleading training facility. Use not permitted, proposed, cheerleading training. Parking
required, 53, proposed, non-allocated 431 + 160 on land banked spaces. Affected property is located in the RI
Zone at 3775 Park Avenue, designated as Block #556.J, Lot #13.A and Block #1025, Lot # 1 on the Edison
Township Tax Map. All paperwork is in order.
Steven Hambro, attorney, is here to represent the applicants. Court stenographer present; transcripts are on file
in the Zoning Office.
Within 200’ radius: none
Outside 200’ radius: none
Condition(s) for approval:
Whereas no objectors appeared, a motion was made by Errico to approve the application , there were no objectors, and
feels this would not be a detriment to the neighborhood. Motion seconded by Feterik. AYES: Holmes, Sendelsky,
Shah, Errico, Feterik and Petti NAYS: None
Case # Z 43-2013. New York SMSA Limited Partnership, Verizon, 141 Industrial Pkwy, Branchburg, NJ
08876. Section Bulk and use variances sought to permit a proposed wireless telecommunications monopole
facility. Side yard setback (main) required 50’, proposed 14.6’. Side yard setback (accessory) required 50’,
proposed 11’. Stream preservation setback required 100’, proposed 61’. Front yard setback (existing) required
75’, proposed 50.89’. Height not to exceed setback from Tower base to property line required 136’, proposed
14.6’. Not located within 1000 feet of residential dwelling, proposed, 381.6 feet. Affected property is located in
the RI-1 Zone at 5 Olsen Avenue, designated as Block # 590, Lot # 11 on the Edison Township Tax Map. All
paperwork is in order.
Richard Stanzione, attorney, is here to represent the applicants. Court stenographer present; transcripts are on
file in the Zoning Office.
Whereas no objectors appeared, a motion was made by Sendelsky to deny the application. Motion seconded by Feterik.
AYES: Holmes, Sendelsky, Shah, Errico, Feterik and Petti NAYS: None
Resolutions to be Adopted:
Case No.
Z 56-2013
Applicant
Vemuri
Denied/Granted/Date
Approved
February 18, 2014
Acceptance of Minutes: none
Miscellaneous: none
A motion was made by Ms. Feterik to approve the above resolutions; motion seconded by Mr. Errico.
AYES: Holmes, Sendelsky, Dave, Errico, Feterik, Petti and Beri. NAYS: None
A motion was made by Ms. Feterik to adjourn the meeting; motion seconded by Ms. Petti. AYES: Holmes, Sendelsky,
Dave, Errico, Feterik, Petti and Beri. NAYS: None
The meeting was adjourned at 10:46 pm.
Minutes were taken from the audio tapes of the meeting by Laura Grabowski, Secretary.
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