Attorney Joe Michelini Esq. successfully got the Lakewood Zoning Board to postpone voting on an application last night.
Appeal ZB 4271, submitted by 400 Kennedy LLC, is for approval to replace the existing small single family home on the southeast corner of Kennedy
Boulevard East and Princeton Avenue with a larger, two-story single family home.
The application requires a Use Variance as the property is located in the Office Transition zone which does not permit single family homes.
The application seeks numerous bulk variances, some of which are existing non-conformities, but some of which will intensify the existing use of the property, and this was a focal point of objection for the neighbors.
The minimum lot area is 10,000 square feet, and 5,000 square feet is existing and is being provided in the new application. Minimum side yard setback of 8 feet is proposed where 12 feet is required (existing condition is 6.4 ft); Minimum rear yard setback of 7 feet where 15 feet is required (existing condition is 2.3 ft).
However, the existing building coverage is proposed to be intensified. 25% is the maximum allowed. 18.6% is existing. 32.6% is proposed.
The application also seeks a design waiver from providing a sidewalk along the property’s Princeton Avenue frontage.
Attorney Joe Michelini representing a neighbor objected to the Board hearing the application tonight, saying that the legal notice did not specify the intensification of the use. He also noted that architectural plans were not submitted until tonight, when they need to be submitted and made available to the public 10 days in advance of the meeting.
Board Attorney Jerry Dasti concurred, noting that the Board Engineer's review, which is dated February 6, noted clearly that architectural plans were not submitted and "the Applicant shall be aware that in the absence of architectural plans, the Board may lack sufficient information to act on this application."
The Board agreed to table the application to their April 3 meeting.
Mr. Dasti commented that the applicant "can avoid the neighbors legal notice objections by renoticing with expansion on the intensification of use."
As previously reported here on FAA News, Mr. Michelini is currently representing neighbors opposed to Bais Yaakov of Jackson's application.
As previously reported here on FAA News, Mr. Michelini represented Ridge Avenue residents opposed to Yeshiva Ruach Hatorah's application for a total of 30 houses on a cul-de-sac bulb road. After negotiating with the developer, the application was successfully tabled until further notice.
As also reported here on FAA News, Mr. Michelini represented Newport Avenue residents opposed to a possible banquet hall in a proposed child care center application. Mr. Michelini successfully negotiated a Consent Order with the developers who agreed not to build a banquet hall.
As also reported here on FAA News, Mr. Michelini represented the Harrogate development regarding Covington Village's application.
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