Chairman, Scott Najarian called the meeting to order at 8:20 P.M. with a salute to the flag.
Attorney Gregory McGuckin read the Open Public Meetings Act Statement.

Township Committee not finished with their meeting may have to pause for then to finish.

ROLL CALL:
Scott Najarian, Chairman Robert Paneque
Michael Kelly, Vice Chair. Alt.#1 Meredith Acacia
Scott Weinstein

ABSENT: Sharon Gallagher
Joy Ann Harmer
Ronald Hampton, Sec'y
Alt.#2 James Sheeran

ALSO PRESENT: Richard Megill, Director of Planning and Zoning
Gregory McGuckin, Board Attorney
James Biegen, Board Engineer
Steve McCrystal, McCrystal Reporting

Michael Kelly will act as secretary in the absence of Ron Hampton.

MEMORIALIZATION OF RESOLUTIONS:

2002-5 Zoning Board of Adjustment- Appointment of Professionals & Staff - Motion to approve by KELLY/Weinstein YES: Kelly, Paneque, Weinstein, Acacia & Najarian. MOTION APPROVED

2002-6 James Wall- Block 40.68 Lot 51.02- Motion to approve by KELLY/Weinstein YES Kelly,Paneque & Najarian. VARIANCE GRANTED

2002-7 Victor Solis- Block 98.02 Lot 6.01- Motion to approve by KELLY/Paneque YES: Kelly, Paneque & Najarian. SITE PLAN APPROVED WITH CONDITIONS

2002-8 Steven Wojcik- Block 118.08 Lot 3- Motion to approve by WEINSTEIN/Paneque YES: Kelly, Paneque & Najarian. VARIANCE GRANTED

2002-9 Fredrick H Ohme & Jo Ann Dalton- Block 144.02 Lot 9.02- Motion to approve by KELLY/Weinstein YES: Kelly, Paneque & Najarian. VARIANCE GRANTED

2002-10 Kurt Kaloyerakis- Block 80 Lot 16- Motion to approve by WEINSTEIN/Paneque YES: Kelly, Paneque & Najarian. VARIANCE GRANTED

2002-11 Robert & Keri Neun- Block 56.73 Lot 5.06- Motion to approve by KELLY/Weinstein YES: Kelly, Paneque & Najarian. VARIANCE GRANTED

2002-12 Darryl Hinko- Block 107 Lot 5.09- Motion to approve by KELLY/Paneque YES: Kelly, Paneque & Najarian. VARIANCE GRANTED

2002-13 Ida Zizwarek- Block 8.01 Lot 24 & 25 Motion to approve by KELLY/Paneque YES: Kelly, Paneque & Najarian. VARIANCE DENIED

8:27 p.m. Board steps down for Committee to finish meeting.

Meeting Resumed

MINUTES: Motion to approve Minutes of January 16, 2002 by: KELLY/Paneque YES: Kelly, Paneque & Najarian. Motion Approved

VOUCHERS: To be held off until end of meeting for review.

ANNOUNCEMENTS: Jim Biegen explained that Richard Maser the owner of Maser Consulting will be coming to the next meeting one hour before it starts to review with the Board members the Egnineers process and development of applications. Also Jim Biegen will be stepping down as Board Engineer and Richard Maser will be appointing someone else, he will bring them to the meeting. The Board thanked Jim for an excellent job.

AS PER THE BOARD ENGINEER THIS APPLICATION WILL BE CARRIED TO THE MARCH 6TH , 2002 MEETING. FURTHER REVIEW NEEDED:

APPLICANT: JERSEY CENTRAL POWER & LIGHT CO. GPU ENERGY
BLOCK: 129.02 LOT: 5 ZONE: R-3
LOCATION: N. NEW PROSPECT ROAD

Mr. Megill and Board Engineer duly sworn.

APPLICATIONS:

APPLICANT: DAVID J VISCONI
BLOCK: 55 LOT: 2 ZONE: I
LOCATION: 441 WHITESVILLE ROAD

Mr. Megill stated applicant is seeking a variance to construct a 10'x22' two-story addition, 16'x32' above ground pool, 10'x16' deck and 7'x5' front and back porch to his dwelling in the industrial zone as it is an expansion of a non-conforming use. David Visconi duly sworn explained he has been the owner of the home for the last 20 years and the home is very small and wants to remodel for himself and his fiancée, also he wants to put a pool in the yard. He just wants to make his home more attractive for them. Public Portion.
Joseph Pinzada Representing Jerry Demers had questions for Mr. Visconi. Jerry Demers has a commercial use on his property. Mr. Demers Atty. explained their concerns and presented pictures. Scott Najarian asked Mr. Visconi his feelings of Mr. Demers Tractor Trailer Depot next door. Mr. Visconi stated his concerns and stated that at the Variance meeting for the Depot he requested conditions. Scott Najarian asked both parties to put arguments in the past and go onto the future. Mike Kafton duly sworn lives at 8 Primrose Lane in Jackson stated he feels the pool and addition will make the home nicer, also he lives down the road and would not have a problem with what is proposed. Public Portion Closed. Greg McGuckin stated that due to absence of members the application must have full board of 5 votes to be approved. Application is a special reasons variance for a non-conforming use motion to approve by PANGQUE/Weinstein YES: Paneque,Weinstein,Acacia & Najarian. No: Kelly VARIANCE DENIED
NOTE: Application denied by not getting 5 votes, if plans are changed he has the right to come back with a full board to request approval again.

2. APPLICANT: MATTHEW HESTON
BLOCK: 130.04 LOT: 42 ZONE: R-3
LOCATION: 12 SUMMERHILL AVE.

Mr. Megill stated applicant is seeking a variance to construct an 8'X12' shed in his front yard on this thru lot which has two fronts. Matthew Heston duly sworn explained he has two fronts on property and wants to put shed in an area that would be pleasing to neighbors and him. No objection from the public. Motion to approve by: PANEQUE/ Weinstein YES:Kelly, Paneque, Weinstein, Acacia & Najarian. VARIANCE GRANTED

3. APPLICANT: DAVID & SALLY ANN ALLEN
BLOCK: 34 LOT: 33.08 ZONE: PV
LOCATION: 955 TOMS RIVER ROAD

Mr. Megill stated applicant is seeking a variance to construct an addition to their dwelling 12' from side property line, where 20' is required. David Allen duly sworn explained he wants to put an addition to expand his home. No objection from the public. Board members questioned the property next door the distance of the home from the property line. David Allen explained 50' and 10' to side. Motion to approve by: PANEQUE/Weinstein YES: Kelly, Paneque, Weinstein, Acacia & Najarian. VARIANCE GRANTED

4. APPLICANT: ROBERT H DAVIS JR.
BLOCK: 84.01 LOT: 15.04 ZONE: R-3
LOCATION: 136 CEDAR SWAMP ROAD

Mr. Megill stated applicant is seeking a variance to construct addition to the left side of his residence where 25' required and providing 5'. Robert Davis Jr. duly sworn explained he wants to build a two-car garage and to extend upstairs bedroom. Board members expressed concerns with side property line. Mr. Davis stated he spoke to neighbor and he did not come to meeting therefor he doesn't have concern. Also there will be about 140' between new garage addition and neighbor. No objection from the public. Motion to approve by: ACACIA/ Paneque YES: Kelly, Paneque, Weinstein, Acacia & Najarian. VARIANCE GRANTED

5. APPLICANT: YEFIM AVSHALUMOV
BLOCK: 79 LOT: 1.01 ZONE: NC
LOCATION: 29 COOKS BRIDGE ROAD

Mr. Megill stated applicant is seeking a variance to construct a single family dwelling in the NC-Zone using the R-1 Standards. Also Master Plan changed zone. Permit was issued prior but zone changed before he started building. Atty. Warren Peterson on behalf of applicant duly worn explained applicant received prior approval but was delayed in obtaining a building permit. He has an approved construction loan but can not build without a variance. He addressed the Board engineers review letter and will comply with recommendations. Yefim Avshalumov duly sworn explained he signed a contract with Hovanian to build July 24, 2001, Hovanian took too long to start. Greg McGuckin questioned use variance and what the hardship would be? Also, questioned construction loans and deposit on building home. Board wants the applicant to understand Commercial use is all around the property. Atty. Mr. Peterson summed up the application. No objection from the public. Motion to approve by PANEQUE/Acacia YES: Kelly, Paneque, Weinstein, Acacia. NO: Najarian. VARIANCE DENIED FAILURE TO OBTAIN 5 VOTES.

5 Minute Recess

Resume meeting at 9:43 p.m.

Weinstein Steps Down

6. APPLICANT: FRIENDSHIP MANOR INC.
BLOCK: 135.20 LOT: 11.01 ZONE: R-3
LOCATION: MATTHEW & MACKENZIE

Mr. Megill stated applicant is seeking a variance to construct a single family dwelling in the R-3 Zone with insufficient lot area, width, depth, front and side yard. Atty. Todd Cohen for Friendship Inc. and Michael B Intile with Crest Engineering duly sworn. Mr. Cohen presented colored rendering of submitted plans to Board and explained variances requested. Mr. Intilie described echibits and surrounding area with developed homes. Buy Sell letters where submitted to board with responses. Benjamin Kirsh, President of Friendship Manor duly sworn explained purchase of lot 11 to make improvements to Mackenzie Drive, he brought property in July of 1995 with existing 50 year old house. No one occupied the house at the time of purchase. One employee occupied the house for the last 4 years as a courtesy and kept an eye on the site while building, No lease, No rent paid. Individual that lives at lot 13.03 would like to purchase house when completed upon sale of their home. Other adjacent lots no interest. Public Portion.
Mrs. Holmes lives directly behind lot in question for two years. The new proposed home is a lot higher and larger than hers and doesn't want this big of a home behind her. She explained they came in and cut down trees and one tree hit the house. She asked why the existing house couldn't be fixed. Meredith Acacia questioned Mrs. Holmes about the tree removal, which she stated was recent with the last few weeks. One of the employees of Mr. Kirsh marked the trees with an X. Michael Kelly stated the lot is cleared except for two big trees. Mr. Cohen disputed accusations and Greg McGuckin questioned the credibility of Mr. Kirsh. The Board has the right to weigh issues bought before them. No other public objection. Motion to deny by: KELLY/Paneque YES: Kelly, Paneque, Acacia & Najarian. VARIANCE DENIED

Weinstein returns

Page 4-Zoning Minutes of 2/6/02 (continued)

7. APPLICANT: HILDA TARBOX
BLOCK: 99.01 LOT: 3 ZONE: R-20
LOCATION: 237 W. COMMODORE BLVD.

Mr. Megill stated applicant is seeking a variance with waiver of site plan to utilize the existing market/deli and add hot foods, pizza and retail sales videos (NO Adult Videos). When building originally constructed and approved it was in a commercial zone now it is re-zoned to make it non-conforming. John Rihacek Atty. Representing Tarbox, William Andrew Stevens of Property Development Services and Hilda Tarbox duly sworn. Hilda Tarbox explained what proposed use in past with existing cottage, ranch house and pole barn, the two sheds where removed prior. The use was never abandoned and a new tenant wants to go from cold food to add hot food, rent videos,dvd's and pizza delivery. David Franciosi of 1 Florence court,, TKO Trade Inc. Knock Out Pizza, tenant explained his proposed use and hours of operation 6:00am-10:00pm closing all week except Friday and Saturday till 11:00 pm closing. Mr. Megill stated existing signs would need to conform to sign ordinance and setbacks. Jim Biegen stated no new site plan was submitted only an old one. The Board requested a site plan to be submitted. Greg McGuckin stated they could move on with the use variance, but would not be effective until site plan approved. Mr. Stevens and Mr. Rihacek explained septic system and existing conditions and proposed wants to put 4 tables only. No objection from the public. Motion to approve use and number of tables also will have to come back with site plan and will need to meet parking criteria by: ACACIA/ Paneque YES: Kelly, Paneque, Weinstein, Acacia & Najarian. USE VARIANCE GRANTED WITH CONDITION NEEDS SITE PLAN APPROVAL.

VOUCHERS: Motion to approve as submitted by WEINSTEIN/Acacia YES: Kelly, Paneque , Weinstein, Acacia & Najarian. Motion Approved

ADJOURNMENT: Motion to adjourn meeting at 10:47 p.m. by: WEINSTEIN/Kelly YES: UNANIMOUS

Next meeting of the Zoning Board of Adjustment to be March 6, 2002.

Respectfully Submitted,

Dawn D'Agostino, Recording Secretary