NUTLEY, NJ - In the most recent meeting of the Nutley Zoning Board, a conversion of a single family home to two-family and the approval of school bus parking on the On3 campus was approved.

Zoning Board of Adjustment approves hardship: Homeowner wants to remain in Nutley and must convert one-family to ‘legal’ two-family in order to rent unit.

At their 9-18-17 meeting, the Nutley Zoning Board of Adjustment approved the conversion of a one-family home in an R-1 zone into a two family. A similar application was not approved at the previous meeting of the board.

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In the past year, there has been much debate as whether mixed-use multi-family structures are impacting school overcrowding.

Thomas DiBiasi opened his testimony. “The applicant’s house has been operated as a two-family for decades and decades and decades.” Applicant Lorraine Desainti, 2 DeVausney Place, applied to convert her one-family to a ‘legal’ two-family dwelling.

DiBiasi stated that for many of the elderly, in order to stay in Nutley, ‘additional income is required.’

Desainti testified that she and her former husband had lived in the second floor of the home and paid rent to her parents who owned the home. Now that her parents are deceased, the applicant pleaded the hardship case that in order to maintain the costs of the home, she needed a variance in order to legally rent the upstairs 2 bedroom unit with a kitchen where she has lived.

The applicant’s uncle, Charles Olivo testified to having visited to home on many occasions. Neighborhood resident Mike Ciociola, who lives at 51 Holmes St, testified in favor of the application.

Planner Paul Bauman testified there is no definition of “mother-daughter’ dwelling in the Nutley Township Code. Frank Mileto, Long Island, was the architect who testified for the application.

According to Zillow, 2 De Vausney Place is a single family home that contains 1,952 sq ft and was built in 1925. Tax records show the previous owner to be Carmella Purciello and the assessed value of the home is $239,500.00

The board approved the variance application to turn the one-family home into a two-family rental. Vice Chairman Brown voted ‘No’.

“It doesn’t take much to go from a defacto two-family to a legal two-family.” Thomas DiBiasi

Board of Education Business Administrator, Karen Yeamans, Clifton, answered questions from the BOE attorney Kurt Seneski regarding the application for variance to park the district’s school busses in a parking area located at 299 Kingsland St.

The denial letter regarding permitted use in a M-R district was read by board secretary Gary Marino. Seneski is with the law firm of Schenck and Price.

Yeamans testified that previous locations looked at by the BOE: ‘The board exhausted several locations and opportunities including locations throughout Nutley and neighboring towns; River Rd in Belleville, Kingsland Ave at Route 3, Clifton property, Washington Ave in Nutley

Charlie Kucinski testified he was instrumental in putting in the application and the site was part of the Roche contamination clean up ‘on this particular side of Kingsland and the site was ‘cleaned up and capped'.

Board attorney Diane McGovern asked BOE attorney Senski to agree to previous court cases involving parking at other districts. BOE attorney testified that the application should be approved because it was an existing parking lot, already fenced, substantial distance from residences. “For the purposes of zoning it is an inherent beneficial use.”

When asked about the BOE’s lease with Prism Capital Partners LLC, Yeamans said: “We have certain requirements from the State Board of Education about the length of leases we are allowed to enter into, so the draft lease that we have [with Prism] is for one year with two one year extensions.” Yeamans added that twice a year bus certifications would be done off site.

Yeamans testified that 19 gas (as opposed to diesel) busses will be parked on the site. The parking for the buses is currently split between the Middle School and Lincoln School parking lots, taking up much needed spaces for staff.

In addition to bus parking, the new site will have 25 spaces for the bus drivers’ cars. The existing entrance will be repaved in order to move the entrance further back from the street to eliminate traffic back up from busses entering and exiting the parking lot.

Zoning board member Suzanne Brown made a motion to grant the variance. It was unanimously approved with the conditions that no servicing of the busses will take place on site, and the storage shed and portable toilet will be moved from the front to the back area of the parking lot.

Attorney Tom DiBiasi representing applications for both 9 Union Ave and 108 King St asked that the applications be moved to the October 16th meeting of the board.

Other Items:

422 Franklin Avenue Roof Signage - Continued to October 16th meeting.

47 Sylvan Place application to Not to rebuild garage - Approved

9 Union Avenue – 100% Closed Side Yard Fence - Approved

40 Gless Avenue - Widen DW - Approved

Members Lori Castro and Tom Dacosta Lobo did not attend the meeting.