Board of Adjustment — April 15, 2026

The Board of Adjustment’s minutes of this regular meeting, approved at its July 7 meeting, are on the Township’s Documents-On-Demand portal, linked from its Agendas/Minutes page, in the Board of Adjustment minutes folder. Chairman Andersen called the meeting to order at 7:35 p.m. Present were Chairman Andersen, Larry Fox, Michael Cuttitta, Michael Pappas, Sean Sullivan, Art Quade and Kenneth Iselin; Vice Chair Walch, Richard Albanese and Vicki Cook were absent. Also present were Township Engineer Doug Ball, Board Attorney Steve Warner and Board Planner Kendra Lelie (via Teams).

Mitras Realty, 1100–1104 Route 28

Case No. 2019-006A PFSP/PFSUB; Mitras Realty (formerly Genesis Capital); Block 7, Lot 3; 1100–1104 Route 28. The applicant, represented by James E. Stahl, Esq., sought preliminary and final site plan and subdivision approval, with bulk variances and design exceptions, to build a nine-unit apartment building and divide the property into three lots: one for the new building and two for the existing single-family homes.

Board Attorney Warner summarized the history. A predecessor application was denied in 2010 and approved in 2012, when the Board granted a D(1) use variance and a D(5) density variance as the first phase of a bifurcated application; he said those variances run with the land and still stand. He said the site plan and subdivision application was filed and deemed complete within the required year, and that the project was part of the Township’s Third Round affordable-housing plan and was carried into the Fourth Round. Board Planner Lelie said the nine units earned nine credits plus a bonus credit for each, 18 in all, toward the Third Round obligation, and that the Township convinced the court the project was still realistic for the Fourth Round because site plans had been submitted. She said it is a 100% affordable project, with all nine units deed-restricted for low- and moderate-income families.

In the minutes’ account of the testimony:

• Engineer Edwin Reimon, P.E., said the driveway and parking would be reached from Easton Road (Route 28), with easements for the two existing homes; that a fence behind the parking area along the line between Lots 3.02 and 3.01 needs a variance; that a five-foot sidewalk with ramps would run along Easton Road; that the stormwater system would be revised to current standards; and that the soil erosion and sediment control plan had been approved by the district. He said the applicant would try to save as many mature trees as possible and would meet with the Environmental Commission on site if approved. Township Engineer Ball asked whether the sidewalk on the north side of the building could be six feet instead of five, to allow for cars overhanging it; Mr. Reimon said he would consult the architect about moving the building.
• Architect Andrew Podberezniak, R.A., described a three-story building with a 67-by-43-foot footprint, three apartments per floor and 8,292 square feet in total, 38 feet 10 inches high against a 40-foot maximum, all-electric with no natural gas, fully sprinklered, with an accessible first floor and no basement. He said the building could be moved to allow the six-foot sidewalk. Board Planner Lelie said the two-bedroom units fall just under the Township’s minimum unit sizes and the three-bedroom units, at 864 and 883 square feet, must be enlarged to meet the 1,150-square-foot minimum.
• Planner Alexander Dougherty, P.P., of McDonough Associates listed the variances sought, including a 5,930-square-foot Lot 3.03 where 8,000 is required, reduced side and front setbacks on Lots 3.03 and 3.02, transition buffers under 20 feet, a six-foot fence in a front yard, no one-car garages for the existing homes, sheds under 10 feet from the property line, and a height variance for a 3½-story building. He said the benefits outweigh the detriments and that no traffic report is needed because the trip count is under the ordinance’s 100-trip threshold. When a member of the public asked how the height variance was justified, Mr. Stahl said there is no height variance.

Board members asked about storage sheds (Mr. Iselin, Mr. Fox), cleanup of the rear of the property (Mr. Pappas), the small size of Lot 3.03, the driveway location and impervious coverage (Mr. Cuttitta), compliance with current stormwater standards (Mr. Fox), and whether the Historical Commission had received the plans (Mr. Cuttitta). Board Planner Lelie noted that the 2012 approval called for a recreational amenity such as a tot lot; the applicant said it had no objection to providing one.

Board Attorney Warner listed proposed conditions, which the applicant’s attorney accepted: complying with the conditions of the May 16, 2012 approval of the D(1) and D(5) variances; posting a performance bond of 120% of the estimated cost of building the affordable units, to ensure completion within two years of the resolution; entering into a developer’s agreement with the Township; complying with the professionals’ reports and design exceptions; and providing a concrete bus stop pad at the end of the driveway. Mr. Warner asked the applicant to submit a list of the variances and exceptions with the size of each deviation, and said the negative criteria from the original D variance relief must be shown again. Mr. Stahl said the project is an inherently beneficial use because it is 100% affordable housing.

Two neighbors spoke. Mr. Jim Girvan of 1115 Route 28 asked where stormwater would discharge and whether the new system would handle the full volume (Mr. Reimon said it must handle more than the existing volume), said a sidewalk along Route 28 is not needed because no one walks there, and asked how much of the building he would see; Mr. Reimon said evergreen trees would block the view. Mr. Suresh Rathnayaka of 1107 Route 28 asked about the height variance.

The case was carried to July 15, 2026. The Board took no vote on the application.

Other business

The Board adopted Resolution No. BOA 2026-010, memorializing the withdrawal without prejudice of Case No. 2025-010 AHV, Daniel & Noelani Diemicke, Block 73, Lot 1.13, 976 Old York Road, on motion of Chairman Andersen, seconded by Mr. Iselin. Recorded vote: 7–0 (Aye: Andersen, Fox, Cuttitta, Pappas, Sullivan, Quade, Iselin).

Four claims totaling $1,833.50 passed 7–0 on motion of Mr. Pappas, seconded by Mr. Sullivan. The minutes of the March 3 regular meeting were approved 5–0 by the eligible members. The Board adjourned at 10:20 p.m.

See land-use applications and the Fourth Round affordable-housing plan.

Records

• Minutes and agenda: Agendas/Minutes page of the Township’s website, which links its Documents-On-Demand portal (Board of Adjustment folder)
• Meeting video on the Township’s Granicus archive