MINUTES OF ZONING HEARING BOARD MEETING

The zoning hearing board of Palmer Township met on Tuesday, November 4, 2008, at 7:30 P.M. in the Palmer Memorial Library, One Weller Place, to hear the following appeals. The zoning board convened on November 10, 2008, in order to hold deliberations on these same matters. In attendance at the zoning hearings were Nicholas Noel III, Esq., zoning board solicitor, Charles Roseberry, board chairman, Cherie Kavanaugh, and Daniel Caravetta, board members, R. Margaret Kennedy, alternate, John A. Embardino, zoning officer, and court reporter Ted Rewak. In attendance at deliberations were Nicholas Noel III, Esq., Charles Roseberry, Cherie Kavanaugh, Daniel Caravetta, and John A. Embardino.

Cherie Kavanaugh made a motion to approve the minutes of October 7, 2008, with Daniel Caravetta as second and all in agreement.

In another matter, Charles Roseberry noted that there was an error in paragraph 3 in the decision letter dated October 10, 2008, concerning IDI, Inc. hearing of October 7, 2008 with a correction letter to be sent by the zoning board solicitor.

08-42 7:30 p.m. Cesar Montesdeoca, 2810 Jewel Street, is seeking a variance to construct an accessory structure in excess of height and area limitations of sections 190-211 E (15) (a) [2] [i] and [ii] on his premises located in a Medium Density residential zoning district.

WITNESSES: Emilio and Cesar Montesdeoca, William Mattina, 2800 Jewel Street, Marlin Jones, 2800 John Street, Madeline Worley, 2812 Stephens Street.

ACTION: Cherie Kavanaugh made a motion to deny relief from the height restrictions of 190-211 E (15)(a)[2][a][i], therefore making the request for area relief moot. The motion was seconded by Daniel Caravetta, with all in agreement.

08-43 7:40 p.m. Tim McCann and Louise Kessel, 2600 Spring Garden Street, are seeking reliefs from section 190-194 B (5) setting a minimum front yard at 25 feet, and section 190-199 C (4) requirements for the expansion of a nonconforming residential use in order to construct an addition to the rear of their home located in a Medium Density residential zoning district.

WITNESSES: Tim McCann, Louise Kessel.

ACTION: Daniel Caravetta made a motion to grant relief from front yard setbacks and expansion of nonconformity, conditioned on meeting the specifics of exhibit A-2, site layout. The motion was seconded by Cherie Kavanaugh, with all in agreement.

08-44 7:50 p.m. Brian Pastor, 13 Wilden Drive, located in a Medium Density residential zoning district, is seeking a special exception pursuant to section 190-38 B, in order to operate a painting contractor business as a home occupation.

WITNESSES: Brian and Kristine Pastor.

ACTION: A motion to grant the special exception for a painting contractor business as a home occupation was made by Cherie Kavanaugh, with the condition that the signage on the business vehicle to be covered when parked at the premises and that the applicant provide two off-street parking spaces as required by ordinance. The motion was seconded by Daniel Caravetta, with all in agreement.

08-45 8:00 p.m. Pastor Arthur Gilmore, pastor of First Baptist Church of Easton, located at 177 N. Greenwood Avenue in a Medium Density residential zoning district, is seeking clarification and interpretation of 190-41 C, to consider the use of a second structure as a permitted accessory use as a school, or in the alternative, is seeking a variance from section 190-191 A limiting to one, the number of principal uses on a property, in order to operate a school in a second structure on the premises.

WITNESSES: Pastor Arthur Gilmore, Paul J. Harak, Esq., Amy Meyer, 2726 John Street, school coordinator, David Rossi, 647 S. Main Street, Phillipsurg, NJ., Lois McCole, 149 N. Greenwood Avenue, Stanley Styer, 615 County Road 519, Belvedere, NJ, Mark Hammerstone, 2849 Green Pond Road.

ACTION: Charles Roseberry made a motion that the board determine that the use as a day school is not a customarily incidental accessory use to the church and therefore the variance request for principal uses on the premises is denied with a conditional use determination to be made by the Palmer Township Board of Supervisors. The motion was seconded by Cherie Kavanaugh, with all in agreement.

08-46 8:10 p.m. Suzanne Leskosky, 2731 Fleetwood Street, located in a Light Density residential zoning district, is seeking a special exception pursuant to section 190-29 C, to operate a Mary Kay cosmetic business as a home occupation.

WITNESSES: Jeffrey and Suzanne Leskosky.

ACTION: Daniel Caravetta made a motion to grant this special exception for a home occupation conditioned up no group meetings be held at the premises and customers are limited to one person at a time. The motion was seconded by Cherie Kavanaugh, with all in agreement.

08-47 8:20 p.m. Nicholas Pugliese, 1072 Grand Street, Phillipsburg, NJ, is seeking a variance from section 190-53 C (4) and sections 190-199 C (3) (d) and a special exception pursuant to 190-199 C (3) (a) in order to construct an addition to the rear of a structure at 3100 William Penn Highway, located in a High Density residential zoning district, part of the William Penn Overlay zoning district, and also a variance from section 190-267 A, to install a freestanding sign that is in excess of height limitations allowed, and prohibited in the overlay district.

WITNESSES: Nicholas Pugliese, Cliff Johnston, land development manager for Selvaggio Enterprises.

ACTION: Cherie Kavanaugh made a motion to deny a variance for a free standing sign, but to grant setback relief requested for the construction of an addition. The motion was seconded by Daniel Caravetta, with all in agreement.

Having no further business to discuss, the hearing was adjourned.

John A. Embardino

Zoning Officer