Neighbors Get Their Say, But Not Their Way

VILLAS – Disgruntled neighbors left the Lower Township Zoning Board meeting in anger and frustration at the Municipal Building Nov. 7. The issue causing the frustration was the first item on the New Business agenda, an application for a hardship variance by Douglas and Nina Haines, Delford Road. The owners need a variance to build a house for their personal use due to their undersized 40 x 100’ lot.
William Sweeney submitted a survey of the property and Louis Dwyer, attorney for the applicants, informed the board that Sweeney is a licensed land surveyor who has worked predominantly in Lower Township for many years. Sweeney noted that the majority of nearby residences are nonconforming, five of which are the same size as the Haines property.
During the public portion, Stephen Scheftz, a neighborhood resident, described events that took place at the Haines’ lots, including the moving of an accessory building (shed) and the dismantling of a section of a deck. He also voiced concerns about parking for the new house, including the close proximity of a fire hydrant and effect on surrounding properties.
Dwyer addressed these concerns by acknowledging that the owners moved the shed and section of the deck to comply with the regulations for the application. He also stated “the applicants will comply with the two parking spaces required on the site and will not interfere with the hydrant at all.”
Mr. Scheftz went on to say that he would be surprised if the owners were able to obtain water and sewer permits. Chairman James Hanson informed Scheftz that it is the responsibility of the zoning board to consider the application for the hardship variance but that utility permits are not under the zoning board’s jurisdiction. When Scheftz pressed the issue, Hanson reiterated, “The MUA is the MUA. If we approve the variance, it’s subject to any and all other government approvals and can be granted or denied by them. This is not the zoning board’s jurisdiction.” With that statement, several members of the audience murmured disapproval.
Next, Anthony Magliocco informed the zoning board that before he purchased his home on Delford Road, he was informed by local contractors that the minimum to build was 75 x 100’ and that his realtor said you need 7,500 square feet and wasn’t aware of any variances. Magliocco also stated, “I have adequate parking now but will have tow trucks there if I’m blocked in.”
His other concern was a large tree on the property line that will need to be cut down if a house is built.
Hanson advised that the tree is another issue out of the zoning board’s jurisdiction. Dwyer assured Magliocco that the owners will work with him on the tree and restated that the two required off-street parking spaces are included in the building plans.
Steven Serafinelli testified that he owned the lots previous to the Haines and that it was inferred he could not subdivide in order to build on the property. He added, “But now I see a little swaying of the rules here. I was told the lot was just too small and now all of a sudden we are changing the rules.”
Dwyer responded, “We are not subdividing here. If I needed subdivision, I would be in front of the Planning Board.”
When the crowd protested, board attorney, Anthony Harvatt, requested silence. When the attendees continued to call out comments, Harvatt stated that he would not argue but would call the police if need be. One gentleman responded “I don’t care, call the police” and Harvatt pulled out his cell phone. Another attendee accused Harvatt of having an attitude since he sat down.
Harvatt called for quiet again, assuring attendees they would all have an opportunity to speak. Dwyer continued his response to Serafinelli, “There was no subdivision and it’s not our fault if you got bad advice.”
Board member Bruce Waterman stated that when the board is considering applications for an isolated, undersized lot, it makes sure they conform to the setbacks and make it as painless as possible. He also mentioned that if they don’t give the approval, the township is obligated to purchase the property, resulting in a burden to the taxpayer.
When a vote was called, the application was unanimously approved. Chairman Hansen was forced to use his gavel several times to continue the meeting because of the noise from the exiting crowd.
To contact Linda Duffy, email lduffy@cmcherald.com.