Chairman, Scott Najarian called the meeting to order at 8:05 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 (Arrived at 8:27pm.)
Robert Paneque
ABSENT: Alt.# I Meredith
Acacia
Sharon Gallagher
ALSO PRESENT: Richard Megill,
Director of Planning and Zoning
Gregory McGuckin , Board Attomey
Jeromie Lange, Board Engineer
Steve McCrystal, McCrystal Reporting
MEMORIALIZATION OF RESOLUTIONS:
2002-43 Sean Leahey - Block
135.05 Lot 12- Motion to approve by KELLY/Paneque YES: Hampton,
Kelly, Panequc, Weinstein, Sheeran & Najarian. VARIANCE GRANTED
2002-44 Jason & Shari
Solomon- Block 106.02 Lot 1.03- Motion to approve by KELLY/Paneque YES:
Hampton, Kelly, Paneque, Weinstein, Sheeran & Najarian. VARIANCE GRANTED
2002-45 George Velez- Block
51.49 Lot 34- Motion to approve by WEINSTEIN/Paneque YES: Hampton,
Kelly, Paneque, Weinstein, Sheeran & Najarian. VARIANCE GRANTED
2002-46 Jose M.Lopez- Block
82.01 Lot 60.06- Motion to approve by SHEERAN/Weinstein YES:
Hampton, Kelly, Paneque, Weinstein, Sheeran & Najarian. VARIANCE GRANTED
2002-47 Thomas Flanagan
- Block 126.29 Lot 20- Motion to approve by KELLY/Weinstein YES:
Hampton, Kelly, Paneque, Weinstein, Sheeran & Najarian. VARIANCE GRANTED
2002-48 Joe Gilberti - Block
68 Lot 5.12- Motion to approve by KELLY/Weinstein YES: Hampton, Kelly,
Paneque, Weinstein, Sheeran & Najarian. VARIANCE GRANTED
2002-49 John & Joan
Rutherford- Block 147.02 Lot 65.03- Motion to approve by KELLY/Paneque YES:
Hampton, Kelly, Paneque, Weinstein, Sheeran & Najarian. VARIANCE GRANTED
2002-50 John Catron- Block
126.46 Lot 15- Motion to approve by KELLY/Paneque YES: Hampton, Kelly,
Paneque, Weinstein, Sheeran & Najarian. VARIANCE GRANTED
2002-51 Jonathan & Lynn
Salkin- Block 99.01 Lot 31.30- Motion to approve by SHEERAN/Kelly YES:
Kelly, Paneque, Weinstein, Sheeran & Najarian. VARIANCE GRANTED
2002-52 Robert Richards-
Block 148.01 Lot 25.02-Motion to approve by KELLY/Weinstein YES:
Hampton, Kelly, Paneque, Weinstein, Sheeran & Najarian. VARIANCE GRANTEDWITH
STIPULATIONS
2002-53 Parkside at Jackson-
Block 120.06 Lot 28.15- Motion to approve by KELLY/Weinstein YES:
Hampton, Kelly, Paneque, Weinstein, Sheeran & Najarian. VARIANCE GRANTED
MINUTES: Motion to approve
Minutes of May 1, 2002 as submitted by: KELLY/Weinstein YES:
Hampton, Kelly, Panequc, Weinstein,, Sheeran & Najarian. Motion Approved
VOUCHERS: Will be held until the members finish reviewing.
MATTERS FOR DISCUSSION: Chairman, Scott Najarian discussed the absence of Sharon Gallagher at the last three meetings. He requested that Dawn D'Agostino the recording secretary send a letter asking Ms. Gallagher to let us know what her intentions are before the next meeting. Motion to have a letter sent by WEINSTEIN/Sheeran YES: Hampton, Kelly, Paneque, Weinstein, Sheeran & Najarian. MOTION APPROVED
Mr. Megill and Board Engineer
duly svorn.
APPLICATIONS:
1. APPLICANT: Gary &
Doreen Partyka
Block: 96.06 Lot: 6 Zone: R-3
Location: 8 Bittersweet Drive
Mr. Megill stated applicant is seeking a variance to construct a 6' solid fence in their front yard on this corner lot. Gary Partyka duly sworn explained he has a 5 and 2 year old child and wants the fence for their protection. No objection from the-public. Mr. Partyka asked the Board for the fencexu be 5' in from the property line instead of 201 off Bittersweet. The Board Engineer had no objection. No objection from the public. Motion to approve by: KELLY/Sheeran YES: Hampton, Kelly, Paneque, Weinstein, Sheeran & Najarian.VARIANCE GRANTED
2. APPLICANT: SAMSON &
Linda Tooma
Block: 96.09 Lot: 54 Zone: R-3
Location: 1 Wellington Court
Mr. Megill stated applicant is seeking a variance to construct a 5'Jerith fence in their front yard on this corner lot. Samson Tooma duly sworn explained he has a built in pool and wants the taller fence for safety. No objection from the public. Motion to approve by:KELLY/ Hampton YES: Hampton, Kelly, Paneque, Weinstein, Sheeran & Najarian. VARIANCE GRANTED
Mr. Megill asked the chairman to remind the applicants that they must come back to the Planning and Zoning office for a follow-up application after the memorialization on the Resolution.
3. APPLICANT: David Parnes
Block: 58.01 Lot: 10.01 Zone: R-3
Location: 2 Galassi Court
The applicant was called
but-they did not show up at the
meeting.
4. APPLICANT: Michael Bobiak
Block: 145.02 Lot: 24 Zone: R-3
Location: 1 Malibu Court
Mr. Megill stated applicant is seeking a variance to construct a 6' solid fence in the front yard on this corner lot. Michael Bobiak duly sworn explained he wants a 6' solid fence for safety and privacy for his family. The Board Engineer stated to stay out of the site triangle and easement. No objection from the public. Motion to approve by: KELLY/Weinstein YES: Hampton, Kelly, Paneque, Weinstein, Sheeran & Najarian. VARIANCE GRANTED
5. APPLICANT: Glenn Wells
Block: 83 Lot: 16.23 Zone: R-3
Location: 94 Johnson Lane
Mr. Megill stated applicant is seeking a variance to construct a single family dwelling using the R-1 standards where 20' side yard is required and is proposing 10'.
Glenn Wells duly sworn explained
that CME Engineers denied the R-1 standards for the house setback due to the
side entry garage. He has the last lot in an existing development. Ron Hampton
questioned the two adjacent lots which Jeromie Lange answered both homes have
a setback of about 20' each side. Mr. Wells explained the home is being built
for his parents. Public Portion. Steven Blaisell-Lot 16.24 duly sworn explained
he did not have a problem with the setbacks and most homes in that area have
about 16' setbacks. Jeromie Lange questioned the grading of the property and
requested a drain to be installed at the end of slopes. Mr. Wells agreed to
the drain. Public,,Iportion closed. Motion to approve by: WEINSTEIN/Sheeran
YES: Paneque,Weinstein,Sheeran & Najarian
No: Hampton,Kelly. VARIANCE GRANTED
Joy Harmer Joined the meeting at 8:27 pm.
6. APPLICANT: William &
Ann Marie Wade
Block: 135.18 Lot: 16 Zone: R-3
Location: 319 Mackenzie Drive
Mr. Megill stated applicant is seeking a variance to construct a 10' x 12' shed on their lot where 10' side yard setback is required and is proposing 3'. William Wade duly sworn explained his backyard is only 40' off the back of the house and has a 6' privacy fence to the left and back of yard. He is requesting a 3' setback so the shed can be placed in the corner of the yard. No objection from the public. Motion to approve by:KELLY/Weinstein YES: Hampton, Harmer, Kelly, Paneque, Weinstein, Sheeran & Najarian. VARIANCE GRANTED
7. APPLICANT: Michael J.
LeFante
Block: 128.01 'Lot: 30.34 Zone: R"20
Location: 4 Pepperidge Court
Mr. Megill stated applicant is seeking a variance to construct an above ground pool in their front yard on this corner lot. Michael LeFante duly sworn explained . he wants the pool for his family's enjoyment. His property is fenced and tree lined already. No objection from the public. Motion to approve by: PANEQUE/Harmer YES: Hampton, Harmer, Kelly, Paneque, Weinstein, Sheeran & Najarian. VARIANCE GRANTED
8. APPLICANT: Leonardo Zinna
Block: 128.15 LOt: 8 Zone: R-20
Location: 21 Highland Drive
Mr. Megill stated applicant is seeking a variance to construct an in-ground pool in front yard and side yard required 15' proposing 10'. Also seeking a variance for a 6' solid fence in front yard on corner lot. Leonardo Zinna duly sworn explained he wants the pool for his family's enjoyment. No objection from the public. Jeromie Lange questioned if a grading plan will be submitted with the pool plan to the building dept. Scott Weinstein explained that it is a requirement prior to receiving a building permit. After discussion about the distance of the fence off the property line a decision was made that the fence must be 15' in from the property line and the pool must be adjusted accordingly. Motion to approve by: HAMPTON/Kelly YES: Hampton, Harmer,Kelly, Paneque, Weinstein, Sheeran & Najarian. VARIANCE GRANTED
9. APPLICANT: Gary &
Mary Mindas
Block: 119.06 Lot: 14 Zone: R-9
Location: 40 Ridgedale Avenue
Page 4-Zoning Minutes of 6/5/02 (continued)
Mr. Megill stated applicant is seeking a variance to construct a pool heater 10' side yard setback required providing 8', existing shed side yard 10' required providing 3'7", deck to pool 10' side yard required providing8'3,, also is in front yard and for a 6' solid fence in front yard on corner lot. Gary Mindas duly sworn explained he needs the heater for his children and the pool filter was already installed he cadt put it anywhere else. The proposed deck he requested a 10' setback or he will have to take down a large oak tree. Because of the trees on the property he needed to have the shed 3'7", from property line and the fence will be 24' in from the right of way. No objection from the public. Motion to approve by: KELLY/Harmer YES: Hampton, Harmer, Kelly, Paneque, Weinstein, Sheeran & Najarian. VARIANCE GRANTED
10. APPLICANT: Steven &
Peggy Mirabelli
Block: 118.07 Lot: 15 Zone: R-9
Location: 14 Poplar Street
Mr. Megill stated applicant is seeking a variance to construct a 6' solid fence in their front yard on this corner lot. Steven & Peggy Mirabelli duly sworn. Scott Najarian stated, taxes must be current before permit can be issued. Peggy stated she spoke to the finance company and it was to be paid and she will bring proof to Mr. Megill's office. She also explained she wants the fence to keep their dog in the yard and other dogs out and for privacy. Steven explained he wants the fence close to the property line because the land slopes down. After discussion the Board agreed to the fence to be 2' in off property line. No objection from the public. Motion to approve by: KELLY/Harmer YES: Hampton, Harmer, Kelly, Paneque, Weinstein, Sheeran & Najarian. VARIANCE GRANTED
11. Applicant: Gary &
Heidi Taylor
Block: 71 Lot: 1.03 Zone: R-2
Location: 818 Green Valley Road
Mr. Megill stated applicant is seeking a variance to construct a 26' x 40' detached garage in their front yard on this corner lot. Gary Taylor duly sworn explained the garage is for storage and for cars. He will need electric and water for washing cars, he will need only cold water. Mr. Megill and Jeromie Lange suggest a 25' setback from the property line for the garage. Mr. Taylor agreed. No objection from the public. Motion to approve by:KELLY/ Weinstein YES: Hampton, Harmer, Kelly, Paneque, Weinstein, Sheeran & Najarian. VARIANCE GRANTED
12. APPLICANT: Charles Meglio
Jr. & Keri Smith
Block: 120.01 Lot: 18 Zone: R-1
Location: 146 S. New Prospect Road
Mr. Megill stated applicant is seeking a variance to construct a 30' x 46' addition and a 8'x46' front and back porch to their pre-existing non-conforming dwelling in the R-1 Zone. Charles Meglio Jr. & Keri Smith duly sworn. Mr. Megill explained the home is pre-existing non-conforming and is in the R-1 Zone criteria not the R-3. Also there is a deeded easement on the property. Charles Meglio submitted with his revised application a new corrected survey with the easement shown. No objection from the public.Motion to approve by: KELLY/Hampton YES: Hampton, Harmer, Kelly,Paneque Weinstein, Sheeran & Najarian. VARIANCE GRANTED
Joy Harmer Steps Down
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 providing 194+. Atty. Stephen Philpitt and Amelio Abru duly sworn. Mr. McGuckin stated a septic system design plot plan was submitted to the Board for review. Mr. Philpitt explained the purchase of the lot and described it. Mr. Abru explained he may not keep the home he may sell it. Mr. Philpitt described the surrounding area and that Mr. Abru could not purchase any more property due to the adjacent lots are undersized. Public portion. Duly sworn Paul Schmidt- 17 Cybor Ave. explained his property borders this lot and Pinelands has strict regulations and he doesn't feel the home will enhance the area only take down trees. Jim Birdman duly sworn stated he has lived there for 14 years and feels the home should not be built. Public portion closed. After much discussion between the Board, Professionals and applicant the Board Engineer explained the only issue is the lot width variance and the lot is non-conforming. Motion to approve by: HAMPTON/ Paneque YES: Hampton, Paneque, Najarian. NO: KELLY,Weinstein, Sheeran. Motion doesn't carry. VARIANCE DENIED Joy Harmer Returns.
14. APPLICANT: Michael P.osner/Kinder
Cottage Day Care
Block: 132 Lot: 17.03 Zone: R-5
Location: Pfister Road
Mr. Megill stated applicant
is seeking site plan approval to convert an existing building into a day care
facility in the R-5 Zone providing 2.87 acre. Primary building side yard 60'
r6q. Providing 20.99' each side. Accessory bldg. side yard 40' req. providing
4.65'. Two metal sheds 25' side yard req. providing 4.65' and 20'. All of the
conditions are existing. Michael Posner and John Buletza (prof. Engineer) duly
sworn. Atty. Ken Pape representing Mr. Posner described the property and existing
structures, also the conditional use. Mr. Buletza explained the site and conditions
and the revised plans submitted to address the Board engineers review letter.
There was discussion, of the fire lane, driveway and existing structures. The
ages of the children to be attending will be infant to age 12. Discussion of
the site clean up brought to a report being submitted and marked as exhibit
A-1 dated June 5,2002 from the DEP stated no action needed. Jeromie Lange stated
the traffic report was unacceptable and requested to have a complete report
done. The Traffic Report must be submitted 10 days prior to the meeting. Public
Portion William Valentine- 384 Pfister Road duly sworn expressed his concerns
about the headlights, he lives directly across the street and asked that the
property be maintained. Dan Sahin -431 Pfister Road duly sworn requested the
Board Engineers office to do the traffic study and requested the input of the
traffic safety official.
Vincent Wildman-382 Pfister Road, duly sworn had concerns with the outside lights
of the building and sign wants to keep the area residential.
Denise McCann-413 Pfister Road , stated she may not be able to attent another
meeting but has concerns.
Peter Parfyrnk-376 PfisterRoad, questioned how many times will they have to
come back to meetings to get a decision. The Chairman requested the application
be carried to the August 7th meeting to have the additional information submitted
to the Board. Mr. Megill stated the applicant must re-notice and re-publish.
APPLICATION CARRIED TO THE AUGUST 7TH MEETING.
VOUCHERS: Motion to approve
as submitted by: KELLY/Hampton
YES: Hampton, Kelly, Paneque, Weinstein, Sheeran & Najarian.
Harmer Abstained. Motion Approved.
Applications continued.
15 . APPLICANT: Bhaskar
Halari.(F-armingdale. Estates)
Block: 132 Lot: 13.30 Zone: R-5
Location: Amethyst Way
Mr. Megill stated applicant is seeking a preliminary major subdivision for 4 single family lots with variances required for lot area, lot depth, front setback and side setback. Atty. Ray Shea representing the applicant and licensed planner Art Bernard duly sworn. Ray Shea discussed the background of the property and proposed subdivision and why the property was not developed at time of Planning Board Approval in December of 1999. Mr. Bernard described the property, wetlands and conservation easement. A color rendering of the plans was marked as exhibit A-1 and the tax sheet #5 marked as A-2. Also the surrounding area was discussed including Farmingdale Woods which has one acre lots. Mr. Megill questioned the well depth's because of the water situation in the area which Pay Shea replied the applicant will comply with the Board of Health. Ron Hampton explained why the subdivision was kept at 48 lots was because of septic and sewer that was obviously why this property was not developed. public portion. Dan Sahin- 431 Pfister Road, duly sworn disagrees with the application, he lived on Pfister Road since 1970 and he and his family have 3 or more acre lots. He feels the purpose of the Master Plan was to preserve land. Public portion closed. Motion to deny by:HAMPTON/ Kelly YES: Hampton, Kelly,Weinstein, & Najarian. NO:Harmer Paneque, Sheeran. MAJOR SUBDIVISION DENIED
16. APPLICANT: Ed Fay
Block: 18 Lot: 7 Zone: RD-1
Location: 499 Basso Street
Mr. Megill stated applicant is seeking a minor subdivision to create one new residential lot in the RD-1 Zone with variances required for proposed lot 7.02-250'lot depth required and proposing 1701, lot frontage 250' required proposing 20' and lot area 3 acres required proposing 1.2631. Ed & Diane Fay and Holly & Mike Rendell duly sworn. John Ploskonka, engineer with Flannery, Webb & Hansen duly sworn. Atty. Ray Shea representing the applicant gave a background of the Fay's purchase of their home in August of 2001. Diane Fay's brother passed on and left two nieces for her to care for. They moved in and built a barn for Holly's horses. Holly married Mike Rendell and wants to live in the proposed home, the existing barn will stay for her horses. Jeromie Lange stated they must comply with the Pinelands. John Ploskonka discussed wetlands buffers. No objection from the public. Motion to approve by:SHEERAN/ Harmer YES: Hampton, Harmer, Kelly, Paneque, Weinstein, Sheeran & Najarian. MINOR SUDDIVISION GRANTED
Scott Najarian and the Board members said goodbye to Joy Harmer because her term on the Board has expired. She has done a great job.
ADJOURNMENT: Motion to adjourn
meeting at 11:38 p.m. by: HAMPTON/
Sheeran YES: UNANIMOUS
The next meeting of thezoning
Board of Adjustment will be
July 3, 2002.
Respectfully Submitted,
Dawn D'Agostino, Recording Secretary