AFTER NEIGHBOR RETAINS ATTORNEY JOE MICHELINI, LAKEWOOD ZONING BOARD REJECTS APPLICATION FOR A SINGLE FAMILY HOME

Attorney Joe Michelini Esq. representing an opposing neighbor, successfully got the Lakewood Zoning Board to reject an application last night.

Appeal ZB 4271, submitted by 400 Kennedy LLC, sought 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 which would have frontage on Princeton Avenue.

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 sought numerous bulk variances, some of which are existing non-conformities, but some of which would 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.

Mr. Michelini, representing a neighbor objecting to the application, previously got the Board to carry the application due to deficiencies with the legal notice.

At last night's public hearing, Engineer Brian Flannery told the Board that "the new house would accommodate the type of families which are moving into this neighborhood. A single family home is the best and only appropriate use on this site, and the benefits of the granting of the variances would outweigh the detriments."

Board Member Moish Lankry pushed back, saying that "this is a very big house on a very irregular sized lot."

Mr. Michelini told the Board that his client has concerns that occupants of the proposed home will park in his dental office parking lot across the street, and he has several suggestions how this application can be made less intense so as to alleviate his client's concerns.

The Board declined to approve the application as presented and directed the applicant to work things out with the objecting neighbor before returning to the Board with a revised plan.

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.

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