Zoning Board Denies Fence on Property Easement
JACKSON–Laura and Joseph Digirolamo, property owners on Manhattan Street in Jackson, across from 60 Sixty Acres Reserve, have been turned down by the township zoning board of adjustment to construct a fence to keep trespassers out of their yard.
The Digirolamos had submitted their application for a variance in early 2012 and the matter was heard at the December 5th meeting.
Mrs. Digirolamo stated to the board that people routinely cut across her property as a shortcut to the 7-11 convenience store on nearby Cooks Bridge Road. She said their property has a conservation and a utility easement, but was unsure of the reason for the easement. She said they had previously received permission from the MUA to build their fence on the utility easement.
The zoning board, could not explain the need for the easement and suggested the couple hire a lawyer. The board then notified the couple that their swing set is also within the easement. Digirolamo said that the trespassers often use the swing set. Board Engineer Evan Hill notified the couple that the swing set violates the language of the easement and recommended it was moved.
Mr. Digirolamo stated there was 25 tons of stones around the swing set. Board President Barry Calogero said he understood, but said the hardship was self inflicted.
Sean Gertner, board attorney said the board was unable to grant relief. It is now up to the Digirolamo’s to investigate with an attorney, why the easement was created and who it was benefiting.