Chairman, Scott Najarian called the meeting to order at 8:08 P.M. with a salute to the flag.
Attorney Gregory McGuckin read the Open Public Meetings Act Statement.

ROLL CALL:
Scott Najarian, Chairman Scott Weinstein
Michael Kelly, Vice Chair. Alt.#2 James Sheeran
Ronald Hampton,Sec'y
Joy Ann Harmer
Robert Paneque

ABSENT: Alt.#1 Meredith Acacia
Sharon Gallagher

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

MEMORIALIZATION OF RESOLUTIONS:

2002-29 Thomas & Laura Haddock – Block 126.42 Lot 2- Motion to approve by KELLY/Harmer YES: Harmer, Kelly, Paneque, Weinstein, Sheeran & Najarian. VARIANCE GRANTED

2002-30 Craig & Janet Badrick- Block 111 Lot 87.25- Motion to approve by HARMER/Kelly YES: Harmer, Kelly, Paneque, Weinstein, Sheeran & Najarian. VARIANCE GRANTED

2002-31 John Bartucci- Block 107 Lot 5.03- Motion to approve by KELLY/Weinstein YES: Harmer, Kelly, Paneque, Weinstein, Sheeran & Najarian. VARIANCE GRANTED

2002-32 Robert Heterich.- Block 125.01 Lot 8.06- Motion to approve by KELLY/Weinstein YES: Harmer, Kelly, Paneque, Weinstein, Sheeran & Najarian. VARIANCE GRANTED

2002-33 Nicholas & Diane Kinzler- Block 59.01 Lot 43.01- Motion to approve by KELLY/Weinstein YES: Harmer, Kelly, Paneque, Weinstein, Sheeran & Najarian. VARIANCE GRANTED

2002-34 Edward & Lucia Novak - Block 126.29 Lot 9- Motion to approve by KELLY/Sheeran YES: Kelly, Paneque, Weinstein, Sheeran & Najarian. VARIANCE GRANTED

2002-35 Scott McIvor- Block 109.01 Lot 55.01- Motion to approve by KELLY/Weinstein YES: Harmer, Kelly, Paneque, Weinstein, Sheeran & Najarian. VARIANCE GRANTED WITH CONDITIONS

2002-36 Dr. Isaac Sagoe- Block 128.15 Lot 16- Motion to approve by KELLY/Weinstein YES: Harmer, Kelly, Paneque, Weinstein, Sheeran & Najarian. VARIANCE GRANTED

2002-37 Scott Alvik- Block 6 Lot 44.02- Motion to deny by KELLY/Harmer YES: Harmer, Kelly, Paneque, Weinstein, Sheeran & Najarian. VARIANCE DENIED

2002-38 Quality Homes & Shore Modular- Block 75.01 Lot 37-Motion to approve by KELLY/Harmer YES: Kelly, Paneque, Najarian. VARIANCE GRANTED

2002-39 Robert Nadolski Jr.- Block 72.01 Lot 16- Motion to approve by KELLY/Weinstein YES: Harmer, Kelly, Paneque, Weinstein, Sheeran & Najarian. VARIANCE GRANTED

2002-40 McDonald's Corp.- Block 135.01 Lot 40- Motion to approve by KELLY/Weinstein YES: Harmer, Kelly, Paneque, Weinstein, Sheeran & Najarian. USE VARIANCE AND SITE PLAN APPROVED

2002-42 Holbrook Little League- Block 125.01 Lot 20- Motion to approve by KELLY/Weinstein YES: Harmer, Kelly, Paneque, Weinstein, Sheeran & Najarian. HEIGHT VARIANCE APPROVED

The Tarbox resolution will be held until last.

MATTER FOR DISCUSSION: Scott Najarian asked that any applications with new street names proposed, if Dawn could give the location of the nearest existing main road? This will enable the Board members to find the locations of the properties.
Page 2- Zoning Minutes of 5/1/02 (continued)

MINUTES: Motion to approve Minutes of April 17, 2002 as submitted by: KELLY/Weinstein YES: Harmer, Kelly, Paneque, Weinstein,, Sheeran & Najarian. Motion Approved

VOUCHERS: Will be held until the members finish reviewing.

ANNOUNCEMENTS: Mr. Megill announced the applications that will be carried to the next meeting of June 5th 2002. No further notice will be required.

APPLICANT: SAMSON & LINDA TOOMA
BLOCK: 96.09 LOT: 54 ZONE: R-3
LOCATION: 1 WELLESLY COURT

APPLICANT: BHASKAR HALARI (FARMINGDALE ESTATES)
BLOCK: 132 LOT: 13.30 ZONE: R-5
LOCATION: AMETHYST WAY

VOUCHERS: Motion to approve as submitted by KELLY/Hampton YES: Hampton, Harmer, Kelly, Paneque, Weinstein, Sheeran & Najarian. Motion Approved.

Mr. Megill and Board Engineer duly sworn.

APPLICATIONS:

APPLICANT: SEAN LEAHEY
BLOCK: 135.05 LOT: 12 ZONE: R-3
LOCATION: 32 KNIGHTS BRIDGE ROAD

Mr. Megill stated applicant is seeking a variance to construct a 16'x32' In-Ground pool using the R-1 standards, which requires 20' side yard setback and is proposing 10'. Atty. Richard C Leahey Jr. and Sean Leahey duly sworn. Richard Leahey explained they are requesting 12' not 10' two sets of plans where submitted. Jeromie Lange discussed the second plan grading must be done not to effect the adjoining property. No objection from the public. Motion to approve by KELLY/Harmer YES: Hampton, Harmer, Kelly, Paneque, Weinstein, Sheeran & Najarian. VARIANCE GRANTED

2. APPLICANT: JASON & SHARI SOLOMON
BLOCK: 106.02 LOT: 1.03 ZONE: R-3
LOCATION: 2 SUNBIRD COURT

Mr. Megill stated applicant is seeking a variance to construct a 6' solid fence in their front yard on this corner lot. Jason Solomon duly sworn explained he has two children 9& 4 years old and wants to secure a play area for them. The fence will be 20' in from the right of way. No objection from the public. Motion to approve by: KELLY/ Weinstein YES: Hampton, Harmer, Kelly, Paneque, Weinstein, Sheeran & Najarian. VARIANCE GRANTED

3. APPLICANT: GEORGE VELEZ
BLOCK: 51.49 LOT: 34 ZONE: R-3
LOCATION: 7 CLEVELAND COURT

Mr. Megill stated applicant is seeking a variance to construct a 6' solid fence in his front yard on this corner lot. George Velez duly sworn explained he wants a 6' fence in the front yard. Mr. Velez explained he had discussed the fence placement with his neighbors and instead of coming out 20' off the house he will come 10' and go back to the property line. His neighbor is pleased with the decision. Mr. Megill requested an amended survey with the new placement be submitted, which was marked as exhibit A-1. The Board Chairman commended Mr. Velez for compromising to keep the neighbors happy. No objection from the public. Motion to approve by: WEINSTEIN/Kelly YES: Hampton, Harmer, Kelly, Paneque, Weinstein, Sheeran & Najarian. VARIANCE GRANTED

4. APPLICANT: JOSE M. LOPEZ
BLOCK: 82.01 LOT: 60.06 ZONE: R-3
LOCATION: 17 OLENA DRIVE

Mr. Megill stated applicant is seeking a variance to construct a two wing walls in his front yard where accessory structures are not allowed in the front yard setback. Jose Lopez duly sworn explained he wants to construct wing walls with 5' columns. Mr. Lopez stated the walls will be a minimum of 8' off the curb line. No objection from the public. Motion to approve by: KELLY/Hampton YES: Hampton, Harmer, Kelly, Paneque, Weinstein, Sheeran & Najarian. VARIANCE GRANTED
Page 3- Zoning Minutes of 5/1/02 (continued)

Applications Continued.

5. APPLICANT: THOMAS FLANAGAN
BLOCK: 126.29 LOT: 20 ZONE: R-9
LOCATION: 18 WYOMING DRIVE

Mr. Megill stated applicant is seeking a variance to construct an 8'x23' overhang on the front of his dwelling where, 30' front setback is required and is proposing 22'. Thomas Flanagan duly sworn explained he wants to construct the overhang for his children when they wait for the bus and to sit outside. No objection from the public. Motion to approve by KELLY/Weinstein YES: Hampton, Harmer, Kelly, Paneque, Weinstein, Sheeran & Najarian. VARIANCE GRANTED

6. APPLICANT: JOE GILBERTI
BLOCK: 68 LOT: 5.12 ZONE: R-2
LOCATION: 3 DENMARK LANE

Mr. Megill stated applicant is seeking a variance to construct a deck to the front of his dwelling where, the front yard setback required is 60' and applicant is providing 55'5". Joe Gilberti duly sworn explained he wants to replace a pre-existing structure with wood. No objection from the public. Motion to approve by KELLY/Sheeran YES: Hampton, Harmer, Kelly, Paneque, Weinstein, Sheeran & Najarian. VARIANCE GRANTED

7. APPLICANT: JOHN & JOAN RUTHERFORD
BLOCK: 147.02 LOT: 65.03 ZONE: PMUD
LOCATION: 578 DUBLIN ROAD

Mr. Megill stated applicant is seeking a variance to construct a 36'x30' detached garage and 6' solid fence in their front yard. John Rutherford duly sworn explained he wants the fence to block the property also lot 65.02 will be behind fence. Public Portion. Christin E. Schuster-P.O. Box 1167- 548 Dublin Road, explained she opposes the fence, not the garage. She explained she feels the fence will block her property. Mr. Rutherford explained the fence will not block her access and he purchased this property from the bank and also owns lot 65.02. The Board Engineer and Mr. Megill discussed the tax map copy and after discussion it was determined that the Schuster property has access from Jackson Mills Road. Copy of the tax map was marked as exhibit A-1. John Rutherford stated the garage will only have electric no plumbing and will be for personal use only. Public Portion Closed. Motion to approve by: KELLY/Paneque YES:Hampton, Kelly, Paneque, Sheeran & Najarian. Harmer Abstained. VARIANCE GRANTED

8. APPLICANT: JOHN CATRON
BLOCK: 126.46 LOT: 15 ZONE: R-15
LOCATION: 24 NEW MEXICO

Mr. Megill stated the applicant is seeking a variance to construct a 6' solid fence in his front yard on this corner lot. John Catron duly sworn explained he has young children and wants to enclose his yard. He stated his fence will be 20' in from the right of way. No objections from the public. Motion to approve by KELLY/Hampton YES: Hampton, Harmer, Kelly, Paneque, Weinstein, Sheeran & Najarian. VARIANCE GRANTED

9. APPLICANT: JONATHAN & LYNN SALKIN
BLOCK: 99.01 LOT: 31.30 ZONE: R-3
LOCATION: 38 CARDINAL DRIVE

Mr. Megill stated the applicant is seeking a variance to construct a 6' solid fence, 12'x20' shed and 18'x36' in-ground pool in their front yard on this corner lot. Jonathan and Lynn Salkin duly sworn. Lynn Salkin explained they need the fence because their daughter will be 2 years old and wants the fence to protect her. Also they are requesting the fence to be 6' in from their property line but will stay out of the easement. No objection from the public. Motion to approve by KELLY/Weinstein YES: Harmer, Kelly, Paneque, Weinstein, Sheeran & Najarian. Hampton abstained. VARIANCE GRANTED

10.(11) APPLICANT: CHARLES MEGLIO JR. & KERI SMITH
BLOCK: 120.01 LOT:18 ZONE: R-3
LOCATION: 146 SOUTH NEW PROSPECT

Mr. Megill stated the applicant is seeking a variance to construct a 40'x28' addition in the R-3 Zone where 50' side yard is required and is proposing 49'. Applicant is seeking to enlarge his dwelling, which is an expansion of a pre-existing non-conforming property. The dwelling is over the property line by 4'7". Joseph J Meglio and Keri Smith duly sworn. Keri Smith explained she wants to add an addition to the home because their existing home is too small. The addition will keep the same number of bedrooms. She did not realize she needed to add the front and back porch to variance requested. She will have to re-notice and publish. Jeromie Lange explained they have a hardship and anything built will need a variance. Also the Board Attorney advised to have the survey corrected to show proper acreage and the easement. The applicant requested to be carried to the June 5th meeting, also they will re-notice and re-publish with the changes. Motion to carry by KELLY/Paneque YES: Hampton, Harmer, Kelly, Paneque, Weinstein, Sheeran & Najarian. CARRIED TO JUNE 5TH MEETING.

11.(12) APPLICANT: ROBERT RICHARDS
BLOCK: 148.01 LOT:25.02 ZONE: LM
LOCATION: 146 W. COMMODORE BLVD.

Mr. Megill stated the applicant is seeking a variance to construct a 24'x24' detached garage in the LM-Zone, which will create an expansion of a non-conforming use and is proposing a rear setback of 15' where 50' is required and side yard of 13' where 30' is required. Robert Richards duly sworn explained he wants a 5' setback. He is requesting a variance because he doesn't want to change the character of the yard. Ron Hampton questioned the existing property to the left and behind his property, Mr. Richards explained it is wooded. Public Portion. Audrey Degaster- 156 W. Commodore Blvd., explained she is in favor of the proposed garage and her property is to the left and behind his. Jeromie Lang questioned the driveway to the garage. Mr. Richards stated the existing driveway already goes back. Public Portion closed. Motion to approve with stipulation of driveway apron by WEINSTEIN/Hampton YES: Hampton, Harmer,Kelly, Paneque, Weinstein, Sheeran & Najarian. VARIANCE GRANTED WITH STIPULATIONS

12.(13) APPLICANT: AMELIO ABRU
BLOCK: 40 LOT:120 ZONE: PV
LOCATION: TOMS RIVER ROAD

Mr. Megill stated applicant is seeking a variance to construct a single family dwelling in the PV-Zone where the lot width required is 250' and is proposing 217.83'. Atty. Stephen R. Philpitt and Amelio Abru duly sworn. Stephen Philpitt representing Mr. Abru discussed the purchase of the property from Genova Clayton. Joy Harmer Steps Down. Mr. Megill stated there is a correction on width advertised 217.83, engineer interpreted and 194' actual. They will have to re-notice and re-publish the application will have to be carried to June 5th meeting. Motion to carry by KELLY/Weinstein YES: Hampton, Kelly, Paneque, Weinstein, Sheeran & Najarian. CARRIED TO JUNE 5TH MEETING.

Joy Harmer Returns.

13.(14) APPLICANT: PARKSIDE AT JACKSON
BLOCK: 120.06 LOT: 28.15 ZONE: HC/R-3
LOCATION: 2 KATHLEEN DRIVE

Mr. Megill stated applicant is seeking a height variance and amended site plan for an acoustical fence 14' high around a chiller and permanent entrance sign 30' setback required and proposing 15'. Atty. Ray Shea representing the applicant. Jim Walsh-Director of maintenance and Elizabeth Dutka-Executive director duly sworn. Ray Shea explained Bella Terra and described the building location. He explained the chiller facility was over designed and is too loud at 67 –70 deciples and have had complaints from the neighbors on Bates Road. They hired consultants to advise how to correct the problem. Judge Hyman directed them to come to the Board for a variance. Greg McGuckin advised Mr. Shea that if the Board approves and it doesn't work, they will be subject to the Judges order. Mr. Shea discussed the proposed permanent sign and the temporary sign will be removed. Public Portion. David A Poyda duly sworn explained he is representing his brother's children that live at 94 Bates Road. He has been at the home and it is very loud. After some discussion on the appearance of the fence Mr. Poyda agreed to the proposal. Ralph Rauch- 79 Bates Road duly sworn explained he lives directly behind the chiller and said that when the chiller is on it runs constantly 7 days a week and for 24 hours a day. He stated if the fence doesn't work he requests the chiller to be moved. Public Portion Closed. Jeromie Lange discussed the fence height and also the grading of the land. Motion to approve by KELLY/Sheeran YES: Hampton, Harmer, Kelly, Paneque, Weinstein, Sheeran & Najarian. VARIANCE GRANTED

14.(16) APPLICANT: ULLER LESSEL
BLOCK: 58.01 LOT: 12.01 ZONE: R-3
LOCATION: GALASSI COURT & WHITE ROAD

Mr. Megill stated applicant is seeking a minor subdivision to create one residential lot. Minimum lot area 130,000SF. Required 43,560 provided for each proposed lot, lot depth 400' required 200' proposed for each lot, detached garage rear setback required 100' 10'7" provided on proposed lot 12.011. Atty. John Mensching representing applicant. Engineer Charles A Boyles duly sworn gave his credentials and submitted a color rendering which was marked as exhibit A-1. Mr. Boyles discussed the location of the property and existing dwelling. Mr. Mensching discussed the previously approved Resolution 89-03 from 1989 when the zoning was R-40. Jeromie Lange described the variances requested and existing structures. Also the County asked for curbing and it needs to be conforming with the area. Public Portion. Isacc Weinla, Executor of his father's estate duly sworn explained he's the owner of a property that was subdivided by the Planning Board but it was never developed and is one- acre lots and wants to see the results of this application. Mr. Megill explained 109-130.1Lots of Record. Mr. Mensching had Resolution 89-03 and a copy of the tax map marked as exhibit A-2 and A-3. Greg McGuckin questioned if any effort to purchase land was made to make lot conforming. He also asked if they would like to have the application carried. Mr. Lessel duly sworn. Mr. Mensching reviewed Mr. Lessels ownership of the property and then requested the application to be carried to have fair market value of adjacent property done. Motion to carry to the August 7th meeting by KELLY/Weinstein YES: Hampton, Kelly, Paneque, Weinstein, Sheeran & Najarian. No- Harmer. CARRIED TO AUGUST 7TH MEETING.

2002-41 Hilda Tarbox- Block 99.01 Lot 3- Greg McGuckin read the resolution. Jeromie Lange requested clarification of what stipulations where set for him to sign off on the approved construction plans. Mr. Megill explained the Zoning Office doesn't give temporary C of O's the Building Dept. does. Dave Franciosi explained he spoke with Jeromie Lange and understands Mr. Lange needs revised plans and escrow fees paid, then he can issue a letter to help get a Zoning Permit. Greg McGuckin explained that they are trying to accommodate the applicant and tenant, but they must comply with the requirements. Motion to approve Resolution 2002-41 by KELLY/Weinstein YES: Harmer, Kelly, Paneque, Weinstein, Sheeran & Najarian. SITE PLAN APPROVED WITH CONDITIONS

ADJOURNMENT: Motion to adjourn meeting at 10:44 p.m. by: SHEERAN/Kelly YES: UNANIMOUS

The next meeting of the Zoning Board of Adjustment will be June 5, 2002.

Respectfully Submitted,

Dawn D'Agostino, Recording Secretary