Nutley Community Preservation Pa

Zoning Board Fiasco
Previous Panel Grants Another Subdivison Variance

At an April , 2007 meeting, the Nutley Zoning Board granted a variance for a subdivision of a single-family lot on Edgewood Avenue in the Nutley Park section of the township. Lying within an R1-AA zone, lots are required to have a 70-foot frontage per current law. Despite having only a 65-foot frontage, the board approved the proposal by a 5-2 vote.

Local residents who oppose the project retained an attorney to represent their interests. A member of the Township Planning Board spoke at the meeting to explain why it is important to maintain the 70-foot frontage, and why this particular R1-AA designation was created in the first place. Area residents spoke against the proposal. The NCPP spoke against the proposal. The Board voted to approve regardless.

The attorney for the developer, Thomas DiBiasi, admitted that the application was manipulated, largely to have the matter heard before the Zoning Board instead of the Planning Board, where it otherwise would have been heard. At one point during the proceedings, Thomas DiBiasi, the attorney for the homeowner, accused a member of the township Planning Board of illegally lobbying other Planning Board members to vote against the proposal, and went so far as to call the Planning Board "tainted."

It is unknown if residents will undertake an appeal process, which can take years and cost thousands of dollars.

UPDATE

Since this ruling, the Zoning Board has been remade, consisting of several new members and, perhaps most important, a new chairman. Previous chair Thomas Sposato was not reappointed after his term ended on December 31, 2007. The NCPP feels that these new appointees, chosen by Mayor Joanne Cocchiola, are more in keeping with the interests of the township's citizens than the last makeup of the board, and is hopeful that we will see a significant reduction in the number of subdivision variances granted in coming sessions.

Nutley Community Preservation Partnership


	Update... Update... Update... Update... Update... Update... Zoning Board Fiasco Previous Panel Grants Another Subdivison Variance At an April , 2007 meeting, the Nutley Zoning Board granted a variance for a subdivision of a single-family lot on Edgewood Avenue in the Nutley Park section of the township. Lying within an R1-AA zone, lots are required to have a 70-foot frontage per current law. Despite having only a 65-foot frontage, the board approved the proposal by a 5-2 vote. Local residents who oppose the project retained an attorney to represent their interests. A member of the Township Planning Board spoke at the meeting to explain why it is important to maintain the 70-foot frontage, and why this particular R1-AA designation was created in the first place. Area residents spoke against the proposal. The NCPP spoke against the proposal. The Board voted to approve regardless. The attorney for the developer, Thomas DiBiasi, admitted that the application was manipulated, largely to have the matter heard before the Zoning Board instead of the Planning Board, where it otherwise would have been heard. At one point during the proceedings, Thomas DiBiasi, the attorney for the homeowner, accused a member of the township Planning Board of illegally lobbying other Planning Board members to vote against the proposal, and went so far as to call the Planning Board "tainted." It is unknown if residents will undertake an appeal process, which can take years and cost thousands of dollars. UPDATE Since this ruling, the Zoning Board has been remade, consisting of several new members and, perhaps most important, a new chairman. Previous chair Thomas Sposato was not reappointed after his term ended on December 31, 2007. The NCPP feels that these new appointees, chosen by Mayor Joanne Cocchiola, are more in keeping with the interests of the township's citizens than the last makeup of the board, and is hopeful that we will see a significant reduction in the number of subdivision variances granted in coming sessions.

Nutley Community Preservation Partnership