Chairman, Scott Najarian called the meeting to order at 8:10 P.M. with a salute to the flag. Attorney Gregory McGuckin read the Open Public Meetings Act Statement.

ROLL CALL: Scott Najarian, Chairman Robert Paneque
Michael Kelly, Vice Chair. Meredith Acacia
Ronald Hampton, Sec'y

ABSENT: Scott Weinstein
James Sheeran (Wife Having Baby)
Sharon Gallagher

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

ANNOUNCEMENTS: Application #10- Ullar Lessel minor subdivision and #13- William Pollock minor subdivision will not be heard by the Zoning Board due to a determination by the Board attorney. They should be under the Planning Board's jurisdiction. Both applications will have to re-notice and publish for the new dates, which will be determined by the Planning Board Engineer.

Application #5- Shahid Zaidi would not be heard due to the applicant did not notice.

MEMORIALIZATION OF RESOLUTIONS:

James Mitchell- Block 35.01 Lot 49.01- Motion to approve by KELLY/Paneque YES: Kelly, Paneque, Acacia & Najarian. VARIANCE GRANTED

Edward Jacoby- Block 96.10 Lot 10- Motion to approve by KELLY/Paneque YES: Kelly, Paneque, Acacia & Najarian. VARIANCE GRANTED

Antonio & Fatima Sousa- Block 91 Lot 2.02- Motion to approve by KELLY/Acacia YES: Kelly, Paneque, Acacia & Najarian. VARIANCE GRANTED WITH STIPULATIONS

Joseph & Darlene Pellegrino- Block 140.02 Lot 11.08- Motion to approve by KELLY/Acacia YES: Kelly, Paneque, Acacia & Najarian. VARIANCE GRANTED

Gina & Armando Icobellis- Block 130.03 Lot 1- Motion to approve by PANEQUE/Kelly YES: Kelly, Paneque, Acacia & Najarian. VARIANCE GRANTED WITH STIPULATIONS

Eugenej. & Kathleen Roszko- Block 26 Lot 2- Motion to approve by PANEQUE/Acacia YES: Kelly, Paneque, Acacia & Najarian. VARIANCE GRANTED

Fidel Murillo- Block 111 Lot 87.39- Motion to approve by ACACIA/Kelly YES: Kelly, Paneque, Acacia & Najarian. VARIANCE GRANTED

Pine Belt CB,LLC- Block 111 Lot 34- Motion to approve by KELLY/Paneque YES: Kelly, Paneque, Acacia & Najarian. ONE YEAR TIME EXTENSION GRANTED

MINUTES: Will be held until the end.

VOUCHERS: Will be held until the members finish reviewing.

Mr. Megill and Board Engineer duly sworn.

APPLICATIONS:

APPLICANT: TODD HOLMAN
BLOCK: 91 LOT: 4.02 ZONE: R-3
LOCATION: 580 FREEHOLD ROAD

Mr. Megill stated applicant is seeking a variance to construct a 45'6" x 16'2" addition and 33'10"x 18' deck with gazebo to the front of his dwelling where the front setback is 60' and is providing 45'34". The side setback is 20' and is providing 16'. Todd Holman duly sworn explained he wants to get rid of the old porch, which is falling down and add an addition. No objection from the public. Motion to approve by: KELLY/Paneque YES: Hampton, Kelly, Paneque, Acacia & Najarian. VARIANCE GRANTED

Applications continued

APPLICANT: MICHAEL DELANEY
BLOCK: 125.21 LOT: 10.06 ZONE: R-9
LOCATION: 9 CHRISTINA COURT

Mr. Megill stated applicant is seeking a variance to construct an L shaped deck 30'x22'x13' to the rear of his house where the side setback required is 10' and the applicant is proposing 8'. Michael Delaney duly sworn. Greg McGuckin stated that the taxes where delinquent, which any approval would be contingent upon. Mr. Delaney stated he did not realize taxes where owed and would take care of it. Mr. Delaney explained he wants to add the deck with a hot tub. No objection from the public. Motion to approve by: KELLY/Hampton YES: Hampton, Kelly, Paneque, Acacia & Najarian. VARIANCE GRANTED

APPLICANT: MR. & MRS. DE LA TORRE
BLOCK: 75.01 LOT: 102 ZONE: R-9
LOCATION: 28 VILLANOVA DRIVE

Mr. Megill stated applicant is seeking a variance to construct a 6' solid fence in their front yard on this corner lot. Margaret and Javier De La Torre duly sworn. Margaret explained they have a corner lot and the street beside their home is a dead end. They want to go 16' out past the house then back with the fence. Jeromie Lange stated the fence would be approximately 23' in from the curb. No objection from the public. Motion to approve by: KELLY/Acacia YES: Hampton, Kelly, Paneque, Acacia & Najarian. VARIANCE GRANTED

APPLICANT: KIMBEL & EVONNE HEYWARD
BLOCK: 106.02 LOT: 1.28 ZONE: R-3
LOCATION: 1 MEADOWLAK COURT

Mr. Megill stated applicant is seeking a variance to construct a 6' solid fence in their front yard on this corner lot. Kimbel & Evonne Heyward duly sworn. Mr. Heyward explained he wants to enclose his new in-ground pool with a 6' white vinyl fence and will maintain a 20' in from the edge of the pavement. No objection from the public. Motion to approve by: KELLY/Hampton YES: Hampton, Kelly, Paneque, Acacia & Najarian. VARIANCE GRANTED

5.(6) APPLICANT : SHARI SOKLOWSKI & MICHELLE ROCHE
BLOCK: 94.02 LOT: 10 ZONE: R-3
LOCATION: 1 QUAKER HILL ROAD

Mr. Megill stated applicant is seeking a variance to construct a 6' solid fence in their front yard on this corner lot. Shari Soklowski duly sworn explained she lives on the corner of Leesville and Quaker Hill road, she wants the fence because she has 3 dogs. Jeromie Lange explained she must stay out of the sight triangle and will be 20' in from the property line. No objection from the public. Motion to approve by: HAMPTON/Kelly YES: Hampton, Kelly, Paneque, Acacia & Najarian. VARIANCE GRANTED

6.(7) APPLICANT : RICHARD & ANITA PELLIGRA
BLOCK: 109.01 LOT: 37.02 ZONE: R-3
LOCATION: 300 E. PLEASANT GROVE ROAD

Mr. Megill stated applicant is seeking a variance to construct a 12'x16' shed 5' from their side yard where 15' is required. Also a variance is requested to install a pool heater and existing filer 5' from side yard where 20' is required. Richard and Anita Pelligra duly sworn. Mr. Pelligra explained the pool pump is existing and wants to add a pool heater and a shed to his property. No objection from the public. Motion to approve by: HAMPTON/Kelly YES: Hampton, Kelly, Paneque, Acacia & Najarian. VARIANCE GRANTED

7.(8) APPLICANT: LEGEND HOME BUILDERS/MARK DIFFENDALE
BLOCK: 83 LOT: 16.30 ZONE: R-3
LOCATION: JOHNSON LANE

Mr. Megill stated applicant is seeking a variance to construct a single family dwelling in the R-3 Zone. Variances are requested for the proposed home, which cannot meet the R-3 setbacks is requesting the R-1 standards. Atty. Ray Shea, representing the applicant and Mark Diffendale duly sworn. Mr. Shea explained the property is owned by the applicant and is considered a lot of record created by subdivision. Mr. Diffendale explained he lives directly across the street and has built five houses on the street for his family. Mr. Megill stated the only issue is the house setbacks. No objection from the public. Motion to appprove by: KELLY/Paneque YES: Hampton, Kelly, Paneque, Acacia & Najarian. VARIANCE GRANTED

Applications continued

8.(9) APPLICANT : ANDREZEJ MAKAREWICZ
BLOCK: 62.03 LOT: 1.03 ZONE: R-3
LOCATION: EAST VETERANS HIGHWAY

Mr. Megill stated applicant is seeking a variance to construct a single family dwelling in the R-3 Zone , lot depth required 400', providing 225.20. Atty. Todd Cohen representing the applicant described the variances requested and due to the unique shape of the lot it is difficult to develop. The property was approved in the past but, not developed, so needs the variance. No objection from the public. Motion to approve by: KELLY/Acacia YES: Hampton, Kelly, Paneque, Acacia & Najarian. VARIANCE GRANTED

9.(11) APPLICANT: QUALITY HOMES & SHORE MODULAR
BLOCK: 84.01 LOT: 13 ZONE: R-3
LOCATION: CEDAR SWAMP ROAD

Mr. Megill stated applicant is seeking a variance to construct a single family dwelling in the R-3 Zone, 3 acre required and providing 1.76, lot width 200' required providing 100' and side yard setback required 50' each side and proposing 20' each side. Atty. John Doyle representing the applicant and Engineer, Chales E Lindstrom, duly sworn. Mr. Doyle reviewed the variances requested with Mr. Lyndstrom who described the property and proposed dwelling. Mr. Doyle explained the property is a lot of record and has a hardship. The filed map # isG-1911 filed on 9/2/87. Two responses from abutting properties where marked as exhibit A-1 & A-2.
Public Portion. Edith and Albert Kirland duly sworn explained their opposing the application. Craig Alino duly sworn explained he wants to keep trees between the house and the barn on neighbor's property. He also stated the proposed house is to be a 3- bedroom ranch home with a 2-car garage. David Foley duly sworn explained he came on behalf of the Kirland's. Public portion closed. Mr. Megill had an issue with the existing fence, which is over the property line and must be moved. Mr. Alino stated he would have the fence moved and plant the additional trees as requested. Motion to approve with conditions by: PANEQUE/Najarian YES: Hampton, Kelly, Panegue, Acacia & Najarian. VARIANCE GRANTED WITH CONDITIONS.

10.(12) APPLICANT: QUALITY HOMES & SHORE MODULAR
BLOCK: 139.02 LOT: 19 ZONE: R-3
LOCATION: CONSTITUTION BLVD.

Mr. Megill stated applicant is seeking a variance to construct a single family dwelling in the R-3 Zone, 3 acre required and providing 1.25, lot depth 400' required providing 203' and front setback required 80' and proposing 43.98'. The property fronts on four streets. Atty. John Doyle and Engineer Charles Lindstrom, sworn in with prior application described the variances requested and proposed home to be a 2-story colonial with a 2-car garage which will access from Constitution Blvd. Greg Alino duly sworn. The buy sell letter response from lot 21 stated the owner is not interested in buying the lot but willing to sell his lot for $10,000. The Board feels the approval of this application should be contingent upon the purchase of the lot. Greg Mc Guckin Marked the letter as an exhibit and if the owner of the property wants more than $10,000 they must comeback to the Board to determine fair market value. Public Portion. Tracy Dimarco duly sworn explained Constitution and Chandler is a dangerous intersection and is extremely busy. She expressed her concern for the size of the home they have problems now with their wells. Don Kimber duly sworn explained he also has a concern for the wells in the area he also has problem with his well. Jill Kimber duly sworn explained there are plenty of older homes that just need to be fixed up instead of building new. Richard Hart duly sworn questioned if the road will have to be improved. Mr. Megill explained will have to meet he RSIS standards. Public portion closed.
One Minute Break
Mr. Doyle stated his client has listed to the concerns and still wants to develop the property he is willing to compromise with the approval contingent upon conditions. Motion to approve with conditions by ACACIA/Paneque YES: Paneque, Acacia, Najarian. NO: Hampton, Kelly. VARIANCE GRANTED WITH CONDITONS

VOUCHERS: Motion to approve as submitted by: ACACIA/Paneque YES: Hampton, Kelly, Paneque, Acacia & Najarian. Motion approved.

MINUTES: Motion to approve Minutes of July 17, 2002 as submitted by: KELLY/Acacia YES: Hampton, Kelly, Paneque, Acacia & Najarian. Motion approved.

ADJOURNMENT: Motion to adjourn meeting at 10:00 p.m. by:KELLY/Acacia YES: UNANIMOUS

CLOSED SESSION: Motion to go into closed session by: PANEQUE/Kelly YES: UNANIMOUS

CLOSED SESSION ADJOURNMENT: Motion to adjourn from closed session by: KELLY/Acacia YES: UNANIMOUS

The next meeting of the Zoning Board of Adjustment will be September 4, 2002 at the Senior Center on Don Connor Blvd. at 8:00 pm.

Respectfully Submitted,

Dawn D'Agostino, Recording Secretary