Chairman, Scott Najarian
called the meeting to order at 8:02 P.M. with a salute to the flag.
Attorney Gregory McGuckin read the Open Public Meetings Act Statement.
Scott Najarian requested a moment of silence for a former Zoning Board Member Steve Kitay that recently passed.
ROLL CALL:
Scott Najarian, Chairman Robert Paneque
Michael Kelly, Vice Chair. Alt.#1 Meredith Acacia
Joy Ann Harmer Alt.#2 James Sheeran
Scott Weinstein
ABSENT: Ronald Hampton,Sec'y
Sharon Gallagher
ALSO PRESENT: Richard Megill,
Director of Planning and Zoning
Gregory McGuckin , Board Attorney
Jeromie Lange, Board Engineer
Steve McCrystal, McCrystal Reporting
Joy Harmer will act as secretary in the absence of Ron Hampton.
MEMORIALIZATION OF RESOLUTIONS:
2002-21 Claiborn & Mary Franklin – Block 112 Lot 2.03- Motion to approve by WEINSTEIN/Kelly YES: Harmer, Kelly, Paneque, Weinstein, Acacia & Najarian. VARIANCE DENIED
2002-22 Richard & Rosemary Kelly- Block 145.02 Lot 7- Motion to approve by ACACIA/Paneque YES: Harmer, Kelly, Paneque, Weinstein, Acacia & Najarian. VARIANCE GRANTED
2002-23 Matthew & Maryanne Wood- Block 66.09 Lot 30.01- Motion to approve by HARMER/Weinstein YES: Harmer,Kelly, Paneque, Weinstein, Acacia & Najarian. VARIANCE GRANTED
2002-24 Lawrence McDonnell.- Block 126.09 Lot 3- Motion to approve by HARMER/Acacia YES:Harmer, Kelly, Paneque, Weinstein, Acacia & Najarian. VARIANCE GRANTED
2002-25 Frank Bartolini Jr.- Block 70 Lot 18.04- Motion to approve by ACACIA/Paneque YES: Harmer, Kelly, Paneque, Weinstein, Acacia , Najarian. VARIANCE GRANTED
2002-26 Elliott Bates - Block 140.01 Lot 7.03- Motion to approve by HARMER/Weinstein YES: Harmer, Kelly, Paneque, Weinstein, Acacia & Najarian. VARIANCE GRANTED
2002-27 James & Elizabeth Lykes- Block 85 Lot 17.05- Motion to approve by HARMER/Acacia YES: Harmer, Kelly, Paneque,Weinstein, Acacia & Najarian. VARIANCE GRANTED
2002-28 Jersey Central Power & Light/GPU Energy- Block 129.02 Lot 5- Motion to approve by KELLY/Weinstein YES: Harmer, Kelly, Paneque, Weinstein, Acacia, Najarian. SITE PLAN AND CONDITIONAL USE APPROVED WITH STIPULATIONS
MINUTES: Motion to approve Minutes of March 6, 2002 with correction of James Sheeran being present not absent by: KELLY/Weinstein YES: Harmer, Kelly, Paneque, Weinstein, Acacia, Sheeran & Najarian. Motion Approved
VOUCHERS: Will be held until the end of the meeting.
ANNOUNCEMENTS: GPU Energy submitted an Electro Magnetic fields Broachure as requested by the Board at their last meeting.
Greg McGuckin announced that the Township Committee has introduced an ordinance about thru lots, they had their first reading already and on Monday, April 22, 2002 will have their 2nd reading. He asked the two applicants with thru lots if they want to withdraw their applications because next week they may not need a variance and could request their $150.00 Resolution fee be returned.
Application #3 Joseph Todd Savona stated he would withdraw his application for this meeting, also application #4 Quintin Ransom withdrew his application.
Mr. Megill and Board Engineer duly sworn.
MATTERS FOR DISCUSSION:
Holbrook Little League- Court Remand: Steve Pfeffer representing attorney for
Holbrook explained this was a remand from Superior Court also Ms. Stein attorney
for neighbors has submitted documentation by Judge Klein and explained the consent
order. The Zoning Board can only change the requirements and is seeking a resolution
that states prior resolution is amended to the provisions of Judge Kleins order.
Mr. Megill questioned the netting height.
Public Portion
Attorney Elaine Stein had issues with the net height allowed to be hung. Public
portion closed. Greg McGuckin suggested to allow maximum height for the Board
to have Control. The Board agreed on 70' and will go up and stay up for the
season. Motion to approve by KELLY/Weinstein YES: Harmer, Kelly, Paneque, Weinstein,
Acacia, Sheeran & Najarian. HEIGHT VARIANCE GRANTED.
APPLICATIONS:
APPLICANT: THOMAS &
LAURA HADDOCK
BLOCK: 126.42 LOT: 2 ZONE: R-9
LOCATION: 4 MIAMI ROAD
Mr. Megill stated applicant is seeking a variance to construct a 10'x 32'x24' In-Ground pool and 6' solid fence in their front yard on this corner lot. Thomas and Laura duly sworn. Thomas explained he wants a pool for their kids. No objection from the public. Motion to approve by HARMER/Acacia YES: Harmer, Kelly, Paneque, Weinstein, Acacia, Sheeran & Najarian. VARIANCE GRANTED
2. APPLICANT: CRAIG &
JANET BADRICK
BLOCK: 111 LOT: 87.25 ZONE: R-3
LOCATION: 36 OLIVIA WAY
Mr. Megill stated applicant is seeking a variance to construct a 5' solid fence in their front yard. Craig and Janet duly sworn. Craig explained the fence is to go around a detention basin and their yard. He asked for the memorialization to be the same night. Greg McGuckin explained the next meeting is May 1st, which is in two weeks and will be memorialized then. No objection from the public. Motion to approve by: KELLY/ Weinstein YES: Harmer, Kelly, Paneque, Weinstein, Acacia, Sheeran & Najarian. VARIANCE GRANTED
3.(5) APPLICANT: JOHN BARTUCCI
BLOCK: 107 LOT: 5.03 ZONE: R-3
LOCATION: 42 E. PLEASANT GROVE ROAD
Mr. Megill stated applicant is seeking a variance to construct an in-ground pool where the side setback required is 20' and is requesting 12'. John Bartucci duly sworn explained that due to wetlands on the property and the septic in the back of the house he needs a variance for the pool location. No objection from the public. Motion to approve by: HARMER/Kelly YES: Harmer, Kelly, Paneque, Weinstein, Acacia, Sheeran & Najarian. VARIANCE GRANTED
4.(6) APPLICANT: ROBERT
HETERICH
BLOCK: 125.01 LOT: 8.06 ZONE: R-3
LOCATION: 103 VALLEY ROAD
Mr. Megill stated applicant is seeking a variance to construct a 6' solid fence in his front yard on this corner lot. Robert Heterich duly sworn explained he wants to fence his yard to secure a play area for his daughters. Mr. Megill and Jeromie Lange question how far the fence will be from the right of way and suggest a 45degree angel instead of 90 degrees. No objection from the public. Motion to approve by: WEINSTEIN/Paneque YES: Harmer, Kelly, Paneque, Weinstein, Acacia, Sheeran & Najarian. VARIANCE GRANTED
5.(7) APPLICANT: NICHOLAS
& DIANE KINZLER
BLOCK: 59.01 LOT: 43.01 ZONE: R-3/ACCESSORY STRUCTURES USE R-15
LOCATION: 307 MACKENZIE DRIVE
Mr. Megill stated applicant is seeking a variance to construct a 12'x48' deck to the rear of home 50' rear setback required and is proposing 38' also 8'x12' shed, 10' side and rear setback required and is proposing 2'. Nicholas and Diane Kinzler duly sworn. Nicholas explained he wants the deck for their family's enjoyment and the shed to store outside furniture and kids toys. No objection from the public. Motion to approve by WEINSTEIN/ Harmer YES: Harmer, Kelly, Paneque, Weinstein, Acacia, Sheeran & Najarian. VARIANCE GRANTED
Joy Harmer steps down due to conflict.
6.(8) APPLICANT: EDWARD
& LUCIA NOVAK
BLOCK: 126.29 LOT: 9 ZONE: R-9
LOCATION: 8 OKLAHOMA DRIVE
Mr. Megill stated applicant is seeking a variance to construct a 10'x16' porch
addition to the front of their dwelling in the R-9 Zone where the front yard
setback required is 35' and applicant is requesting 25'. Lucia Novak duly sworn
explained she wants a front porch to sit on and needs more space. No objection
from the public. Motion to approve by KELLY/Sheeran YES: Kelly, Paneque, Weinstein,
Acacia, Sheeran & Najarian. VARIANCE GRANTED
Joy Harmer returned
7.(9) APPLICANT: SCOTT MCIVOR
BLOCK: 109.01 LOT: 55.01 ZONE: R-3
LOCATION: 2 EAST FISH ROAD
Mr. Megill stated applicant is seeking a variance to construct a 6' solid fence in their front yard on this corner lot. Scott McIvor duly sworn explained he wants the pool and a fenced in yard for privacy. Joy Harmer questioned if he had small children? Scott McIvor explained he will have a security cover for the pool. Also the Board Engineer questioned the fence setback and the county easement? He requested a letter from the Ocean County Roads Engineer's office. No objection from the public. Motion to approve by: WEINSTEIN/Sheeran YES:Harmer, Kelly, Paneque, Weinstein, Acacia, Sheeran & Najarian. VARIANCE GRANTED WITH CONDITIONS
8.(10) APPLICANT: DR. ISAAC
SAGOE
BLOCK; 128.15 LOT: 16 ZONE: R-20
LOCATION: 41 HIGHLAND DRIVE
Mr. Megill stated the applicant is seeking a variance to construct a 6' solid fence in his front yard on this corner lot. Isaac Sagoe Sr. and Isaac Sagoe Jr. duly sworn. Isaac Sagoe Sr. explained he wants a solid fence for a future in-ground pool and for privacy. He also explained he will stay out of the drainage easement. No objections from the public. Motion to approve by KELLY/Harmer YES: Harmer, Kelly, Paneque, Weinstein, Acacia, Sheeran & Najarian. VARIANCE GRANTED
Page 4-Zoning Minutes of 4/17/02 (continued)
9.(11) APPLICANT: SCOTT
ALVIK
BLOCK; 6 LOT: 44.02 ZONE: R-3
LOCATION: PROSPERTOWN ROAD
Mr. Megill stated the applicant is seeking a variance to construct a single
family dwelling in the R-3 Zone, where 3 acre required and applicant is providing
1.79 acre also lot has insufficient frontage on a public street or right of
way. Scott Alvik duly sworn stated he did not wish to have an attorney to represent
him. Scott Alvik explained he had entered into a contract to purchase the property
before the Zoning change and still is under contract to purchase and to build
a home. He builds log cabin homes. There is a wetlands buffer on the lot but
no wetlands on the property. Maser engineers report was discussed with Jeromie
Lange's concerns. Greg McGuckin questioned the buy sell letter and Scott Alvik
explained lot 46.02, Mr. Finamore's response but he wanted $20,000 for the lot
and he could not afford to buy it. There where no other responses from the other
property owners. No objection from the public. The applicant failed to produce
sufficient information for the assessed value and fair market value. Motion
to deny by HARMER/Weinstein YES: Harmer, Kelly, Paneque, Weinstein, Acacia,
Sheeran & Najarian. VARIANCE DENIED
10.(12) APPLICANT: QUALITY
HOMES & SHORE MODULAR
BLOCK: 75.01 LOT: 37 ZONE: R-3
LOCATION: 55 MANHATTAN STREET
Mr. Megill stated the applicant is seeking a variance to construct a single family dwelling in the R-3 Zone. Applicant is providing 108,324 SQFT, where 130,680 SQFT is required also variance is requested for lot depth 400' required and is providing 373.70. Charles Lindstrom planner and engineer duly sworn and attorney John Paul Doyle representing applicant explained the property in question has been owned by the Golubow family since 1955 and they want to sell the property. Mr. Doyle explained the hardship is that there is no land available to purchase and the adjoining neighbors do no want to purchase the lot. Mr. Doyle and Mr. Lindstrom described the surrounding area, the non-conforming lots and 60 Acre Reserve's border to property. The proposed house is a two-story, two-car garage with basement. Mr. Lindstrom addressed the Board Engineers review letter and concerns. The buy sell letters and responses are marked as exhibit A-1 thru A-5. Public Portion. Ian Blundell 105 Azalia Circle, President of 60Acre Reserve Condo Association duly sworn Explained why he opposed the application. Jane Murray-1010 Violet Lane duly sworn opposed application because she wants the lot to stay wooded. Karen Kapper-900 Violet Lane duly sworn explained she borders the property and is concerned she paid premium price for her unit because of wooded view and privacy. Karen Paterick- 902 Violet Lane duly sworn expressed her concerns. Jose Ruiz-801 Violet Lane Duly sworn expressed his concerns for the beauty of the trees. Brenda Chumura of Violet Lane duly sworn expressed concerns for her property values. Doyle and Lindstrom discussed with the Board and the neighbors a buffer and house setbacks for the proposed home. Public Portion Closed. Mr. Doyle gave closing statements. Mr. Megill explained the Board can establish a conservation easement. Mr. Doyle agreed to the easement, fence and the setback for the home and a tree save plan. Motion to approve with stipulations by KELLY/Acacia YES: Kelly, Paneque, Acacia, Najarian. NO: Harmer, Weinstein . VARIANCE GRANTED
VOUCHERS: Motion to approve as submitted by KELLY/Sheeran YES: Harmer, Kelly, Paneque, Weinstein, Acacia, Sheeran & Najarian. Motion Approved.
ADJOURNMENT: Motion to adjourn meeting at 11.08 p.m. by: KELLY/ Sheeran YES: UNANIMOUS
The next meeting of the Zoning Board of Adjustment will be May 1, 2002.
Respectfully Submitted,
Dawn D'Agostino, Recording Secretary