MINUTES OF THE REGULAR MEETING
OF THE TOWNSHIP OF JACKSON
ZONING BOARD OF ADJUSTMENT
JULY 17, 2002

Chairman, Scott Najarian called the meeting to order at 8:07 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.(Arrived at 8:09pm) Meredith Acacia
Robert Paneque Alt.#2 James Sheeran

ABSENT: Ronald Hampton,Sec'y
Sharon Gallagher

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

Robert Paneque will act as secretary in Ron Hampton's absence.

MEMORIALIZATION OF RESOLUTIONS:

2002-54 Gary & Doreen Partyka – Block 96.06 Lot 6- Motion to approve by WEINSTEIN/Paneque YES: Paneque, Weinstein, Sheeran & Najarian. VARIANCE GRANTED

2002-55 Samson & Linda Tooma- Block 96.09 Lot 54- Motion to approve by PANEQUE/Weinstein YES: Paneque, Weinstein, Sheeran & Najarian. VARIANCE GRANTED

2002-56 Michael Bobiak- Block 145.02 Lot 24- Motion to approve by SHEERAN/Weinstein YES: Paneque, Weinstein, Sheeran & Najarian. VARIANCE GRANTED

2002-57 Glenn Wells- Block 83 Lot 16.23- Motion to approve by PANEQUE/ Sheeran YES: Paneque, Weinstein, Sheeran & Najarian. VARIANCE GRANTED

2002-58 William & Ann Marie Wade- Block 135.18 Lot 16- Motion to approve by WEINSTEIN/Paneque YES: Kelly, Paneque, Weinstein, Sheeran & Najarian. VARIANCE GRANTED

2002-59 Michael J. LeFante - Block 128.01 Lot 30.34- Motion to approve by SHEERAN/Weinstein YES: Kelly, Paneque, Weinstein, Sheeran & Najarian. VARIANCE GRANTED

2002-60 Leonardo Zinna- Block 128.15 Lot 8- Motion to approve by PANEQUE/Weinstein YES: Kelly, Paneque, Weinstein, Sheeran & Najarian. VARIANCE GRANTED WITH CONDITIONS

2002-61Gary & Mary Mindas- Block 119.06 Lot 14- Motion to approve by PANEQUE/Weinstein YES: Kelly, Paneque, Weinstein, Sheeran & Najarian. VARIANCE GRANTED

2002-62 Steven & Peggy Mirabelli- Block 118.07 Lot 15- Motion to approve by WEINSTEIN/Sheeran YES: Kelly, Paneque, Weinstein, Sheeran & Najarian. VARIANCE GRANTED

2002-63 Gary & Heidi Taylor- Block 71 Lot 1.03-Motion to approve by PANEQUE/Weinstein YES: Kelly, Paneque, Weinstein, Sheeran & Najarian. VARIANCE GRANTED

2002-64 Charles MeglioJr. & Keri Smith- Block 120.01 Lot 18- Motion to approve by PANEQUE/Weinstein YES:Kelly, Paneque, Weinstein, Sheeran & Najarian. VARIANCE GRANTED

2002-65 Amelio Abru- Block 40 Lot 120- Motion to approve by WEINSTEIN/Sheeran YES: Paneque, Sheeran & Najarian. VARIANCE DENIED

2002-66 Ed Fay- Block 18 Lot 7- Motion to approve by PANEQUE/Weinstein YES: Kelly, Paneque, Weinstein, Sheeran & Najarian. MINOR SUBDIVISION GRANTED

2002-67 Bhaskar Halari- Block 132 Lot 13.30- Motion to approve by KELLY/Weinstein YES: Kelly, Weinstein & Najarian. MAJOR SUBDIVISION DENIED

Resolution 2002-40 for McDonalds Corp was amended to state approval for use variance with amended preliminary and final site plan .
Page 2- Zoning Minutes of 7/17/02 (continued)

MINUTES: Motion to approve Minutes of June 5, 2002 as submitted by: KELLY/Sheeran YES: Kelly, Paneque, Weinstein,, Sheeran & Najarian. Motion Approved

VOUCHERS: Will be held until the members finish reviewing.

ANNOUNCEMENTS: Mr. Megill announced the application that will be carried to the next meeting of August 7th 2002. No further notice will be required.

APPLICANT: ANDRZEJ MAKAREWICZ
BLOCK: 62.03 LOT: 1.03 ZONE: R-3
LOCATION: E. VETERANS HIGHWAY

MATTER FOR DISCUSSION: Scott Najarian and Mr. Megill discussed the letter sent to the Township Committee requesting a replacement for Sharon Gallagher who did not respond to our previous letter requesting what her intentions where regarding her Zoning Board membership.

Mr. Megill and Board Engineer duly sworn.

APPLICATIONS:

APPLICANT: JAMES MITCHELL
BLOCK: 35.01 LOT: 49.01 ZONE: PV
LOCATION: 1071 LAKEHURST ROAD

Mr. Megill stated applicant is seeking a variance to construct a covered front porch addition 6' x 46' to his dwelling where the front setback required is 60' and is proposing 34'. James Mitchelle duly sworn explained his existing porch was concrete but wants to make a wider porch which will be of deck material or new concrete 6' x 46'. No objection from the public. Motion to approve by WEINSTEIN/Sheeran YES:Kelly, Paneque, Weinstein, Acacia, Sheeran & Najarian. VARIANCE GRANTED

2. APPLICANT: EDWARD JACOBY
BLOCK: 96.10 LOT: 10 ZONE: R-3
LOCATION: 8 BEDMINSTER LANE

Mr. Megill stated applicant is seeking a variance to construct a deck to the rear of his dwelling where 50' setback is required and is proposing 39'. Edward Jacoby duly sworn explained his property is a rectangle shape and his house is setback as far as it could go, he wants to build a 12'x20' deck to the back of his home. No objection from the public. Motion to approve by: ACACIA/ Weinstein YES: Kelly, Paneque, Weinstein, Acacia, Sheeran & Najarian. VARIANCE GRANTED

3. APPLICANT: ANTONIO & FATIMA SOUSA
BLOCK: 91 LOT: 2.02 ZONE: R-3
LOCATION: 250 SUNNY BROOK ROAD

Mr. Megill stated applicant is seeking a variance to construct wing walls over 30" high and fence columns over 30" high in their front yard. Antonio Sousa duly sworn explained he wants to do landscape walls with columns of brick and will fence in between. They will be no higher than 55" and will be 21' in from edge of pavement. No objection from the public. Motion to approve by: KELLY/Weinstein YES: Kelly, Paneque, Weinstein, Acacia, Sheeran & Najarian. VARIANCE GRANTED WITH STIPULATIONS


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

Mr. Megill discussed with the Board members a raise in pay for Dawn D'Agostino as recording secretary from $105.00 to $125.00 per meeting. Motion to approve by SHEERAN/Kelly YES: Kelly, Paneque, Weinstein, Acacia, Sheeran & Najarian. Motion approved.

Applications continued

4. APPLICANT: JOSEPH & DARLENE PELLEGRINO
BLOCK: 140.02 LOT: 11.08 ZONE: R-3
LOCATION: 1 FEATHER LANE

Mr. Megill stated applicant is seeking a variance to construct a 6' solid fence in their front yard on this corner lot. Joseph & Darlene Pellegrino duly sworn explained they want the fence for the safety of their children. Jeromie Lange suggested they keep the fence up 2-4" for drainage. No objection from the public. Motion to approve by: KELLY/Weinstein YES: Kelly, Paneque, Weinstein, Acacia, Sheeran & Najarian. VARIANCE GRANTED


5. APPLICANT: GINA & ARMANDO ICOBELLIS
BLOCK: 130.03 LOT: 1 ZONE: R-3
LOCATION: 11 PALAMINO DRIVE

Mr. Megill stated applicant is seeking a variance to construct a 6' solid fence and a gazebo in their front yard on this corner lot. Gina Icobellis duly sworn explained she wants the fence for safety she has a small child. She originally asked for the fence to be 20' in from the right of way but discussed the setback with her neighbors and decided to move it to 28' in from right of way and will not block any driveways or sight triangles. Public portion. Steve Arneo- 12 Palamino Drive, duly sworn requested the fence be 36' in from the curb because Palamino is a main street and the school bus stops in front. He submitted pictures marked as exhibit Arneo 1 thru 4. Per Jermie Lange 28' in from curb is sufficient. Steve Lieber- 19 Palamino, duly sworn expressed his concerns for the 20 or more children that live in the immediate area. Cars speed and do not stop at the stop sign and feels fence will be a hazard. He submitted pictures marked as exhibit Lieber 1thru 6. Gina Icobellis submitted pictures marked as exhibit Applicant 1&2. After much discussion and review of exhibits Gina Icobellis agreed to curve the fence in more and the gazebo will be inside the fence and will be 15' in from side property line. Public portion closed. No other objection from the public. Motion to approve by KELLY/Weinstein YES: Kelly, Paneque, Weinstein, Acacia, Sheeran & Najarian. VARIANCE GRANTED WITH STIPULATIONS


6. APPLICANT: EUGENE J. & KATHLEEN ROSZKO
BLOCK: 26 LOT: 2 ZONE: RD-1
LOCATION: 515 WHITECOMB STREET

Mr. Megill stated applicant is seeking a variance to park a truck with trailer in excess of 6 tons in their yard in a residential zone, which is a prohibited use per 109-157.Kathleen Roszko duly sworn explained the trailer is for storage of hay for her horses. She doesn't like to keep it in the barn for safety reasons. She has 5 ¼ acres , she will use the back gate to access the trailer from Ridge Avenue. The truck will not be left on the property and the trailer is registered and on wheels. The Board questioned the visability of the trailer and Mrs. Roszko explained the trailer is wedged between oak trees. No objection from the public. Motion to approve by SHEERAN/Weinstein YES: Kelly, Paneque, Weinstein, Acacia, Sheeran & Najarian. VARIANCE GRANTED

7. APPLICANT: FIDEL MURILLO
BLOCK: 111 LOT: 87.39 ZONE: R-3
LOCATION: 1 ROYAL WOODS COURT

Mr. Megill stated applicant is seeking a variance to construct a 6' Solid Fence in their front yard on this corner lot. Fidel & Mrs. Murillo duly sworn explained how they want the fence positioned on their property, it will be 35' in from the curb line on Olivia Way. They have a detention basin behind their home and need to utilize the property next to their home. Public Portion. Doris Jones-3 Olivia Way duly sworn expressed her concerns opposing the fence. She doesn't want to look out her window and see an outhouse looking fence. Dr. Michael Jones duly sworn explained he had the home built for his mother and aunt, he questioned the look of the fence. The Board suggested the planting of shrubs in front of the fence. Public Portion Closed. Motion to approve by: KELLY/Weinstein YES: Kelly, Paneque, Weinstein, Acacia, Sheeran & Najarian. VARIANCE GRANTED

Five Minute Recess

Page 4- Zoning Minutes of 7/17/02 (continued)

8. APPLICANT: PINE BELT CD,LLC
BLOCK: 111 LOT: 34 ZONE: HC
LOCATION: COUNTY LINE ROAD

Mr. Megill stated the applicant is seeking a one year time extension for this site plan with preliminary and final approval. Attorney Ray Shea representing the applicant duly sworn explained they request an extension due to County line road is being re-aligned which is needed. No objections from the public. Motion to approve by KELLY/Weinstein YES: Kelly, Paneque, Weinstein, Acacia, Sheeran & Najarian. ONE YEAR TIME EXTENSION GRANTED

9.(10) APPLICANT: CHILD CARE AT JACKSON, LLC ( GODDARD SCHOOL)
BLOCK: 85 LOT: 17.03 ZONE: NC
LOCATION: WEST VETERANS HIGHWAY

Mr. Megill stated the applicant is seeking a minor subdivision to create 1 new lot. Applicant is seeking a use variance since they cannot comply with the conditional use requirements 109-103.B. Applicant is seeking site plan approval for a day care center. Attorney Ray Shea representing the applicant explained the Traffic Study was not submitted to the Board Engineer but till have testmony given on study and submit to the Board Engineer. Ray Shea gave a brief summary of variances requested and introduced Bill Stevens of Property Development Services, Andrew Martin- project manager and Jonathan Szap- Traffic Engineer duly sworn. Exhibit A-1 marked , a rendering of site plan page 1 of 6. Bill Stevens described the site on West Veterans Highway directly across from the Justice complex, Library and Playground entrance. Exhibit A-2 marked, site plan page sheet 2 of 6, showed the layout of proposal. Ray Shea explained the minor sub. which is requested to conform with the NC Zone and conditional use and site plan. He also stated the proposed Goddard School would have the same layout as the Bethel Church road school in Howell. Bill Stevens described the conditional approval of the Ocean County Planning Board and the retention/ detention basin proposed. Jeromie Lange stated the detention basin is more approperite for this site. Also the fence height was discussed and 4' high chain link was acceptable. Mr. Martin the project manager of the school explained the number of children attending the school is estimated from 115 to 125 children and they will have different sessions. 70% will attend between the hours of 7:00 am –12:00pm and the typical hours of operation are from 7am to 6pm. Scott Najarian questioned the drop off time and Michael Kelly questioned what times are the busiest and how many employees. Which was answered by apporximately 10 minute turn over time on the parking spaces, 7am-12pm the busiest and up to 18 employees but will average 6 to 8. Meredith Acacia questioned traffic. Exhibit marked A-3 Traffic impact study submitted. The school bus pick up procedures and times questioned and must be looked into. Jonathan szap, Traffic engineer discussed the traffic study dated July 3rd 2002. Scott Najarian stated the Board is looking at safety first for the children. Jeromie Lange stated he has a number of concerns and has not had the opportunity to review the study prior to the meeting due to it was not submitted to him prior. Ray Shea requested for the application to be carried to the September 4th 2002 meeeting to be held at the Senior Center at 8:00 pm. No additional notice required.

ADJOURNMENT: Motion to adjourn meeting at 10:45 p.m. by: ACACIA/Kelly YES: UNANIMOUS


The next meeting of the Zoning Board of Adjustment will be August 7, 2002 at the Senior Center on Don Connor Blvd at 8:00pm.

Respectfully Submitted,

Dawn D'Agostino, Recording Secretary