ZONING BOARD OF ADJUSTMENT

ZONING BOARD OF ADJUSTMENT

TOWNSHIP OF TOMS RIVER

JANUARY 24, 2008 AGENDA

REGULAR MEETING – 7:30 p.m.

1. MEETING CALLED TO ORDER

2. FLAG SALUTE

3. CHAIRMAN'S STATEMENT - OPEN PUBLIC MEETINGS ACT

4. ROLL CALL AND DECLARATION OF QUORUM

JEANNETTE AMORUSO RODEN LIGHTBODY

ART BLANK LINDA STEFANIK

ERNEST COLAVITO ROBERT ALSTON

LYNN R. O’TOOLE

ALTERNATES:

_____

NELS LUTHMAN (ALT #2) _____

5. RULES & REGULATIONS GOVERNING THE MEETING

6. ANNOUNCEMENTS

a) The application for William Munier, 117 Johnson Road, Block 920.05, Lot 34, Appeal #12709 for Bulk Variances has been carried to February 14, 2008 at the applicant’s request. Re-notification is not required. Time limitations waived.

7. APPROVAL OF ESCROW VOUCHERS FOR PAYMENT

A. Escrow Vouchers for Owen, Little & Associates

B. Escrow Vouchers for Russo & Cassidy

C. Escrow Voucher for Jay Lynch, Twp. Planner

8. APPROVAL OF ESCROW REFUND VOUCHERS

A. Refund voucher for Gregory McLaughlin, Block 749, Lot 48

B. Refund voucher for Raymond Williams, Block 837.47, Lot 39

C. Refund voucher for Thomas Intili, Block 281, Lots 27, 28, 29

D. Refund voucher for David J. Eickhorst, Block 1087, Lot 52

9. RESOLUTIONS OF APPROVAL

10. BOARD ACTION ON APPLICATION

11. MINUTES OF THE MEETING

12. PUBLIC COMMENT

13. ADJOURNMENT

RESOLUTIONS OF APPROVAL

A. Francis J. & Suzanne Musolf – 584 Princess Court – Block 1694.08, Lot 2 - Appeal #12694–Bulk Variance - Approved

B. Frank Schilling– 66 Harding Ave – Block 1052, Lots 162 & 164- Appeal #12711- Bulk Variances- Approved

C. Edward & Lauren Lefebvre – 305 Lauderdale Drive – Block 1946.04, Lot 51 – Appeal #12712 – Bulk Variances - Approved

D. Estate of Agnes F. Battista – 3025 Ocean Road – Block 1102.03, Lot 25 – Appeal #12716 – Bulk Variances - Approved

E. Maureen Whelan – 218 Canal Lane – Block 1104.25, Lot 23 – Appeal #12615 – Bulk Variances – Approved

BOARD RESOLUTIONS

F. Resolution of the Toms River Zoning Board of Adjustment Memorializing the Appointment of John Russo, Jr., Esq., from the Law Firm of Russo & Cassidy as Zoning Board of Adjustment Attorney for the period of January 1, 2008 to December 31, 2008.

G. Resolution of the Toms River Zoning Board of Adjustment Memorializing the Appointment of Doug Klee, P.E., of the Firm of Owen, Little & Associates as Zoning Board of Adjustment Engineer for the period of January 1, 2008 to December 31, 2008.

H. Resolution of the Toms River Zoning Board of Adjustment Memorializing the Appointment of Cole Transcription as Zoning Board of Adjustment Court Transcriber for the period of January 1, 2008 to December 31, 2008.

I. Resolution of the Zoning Board of Adjustment Memorializing the Election of Officers for the Year of 2008.

J. Resolution of the Zoning Board of Adjustment Memorializing the Appointment of Jay Lynch, P.P., as the Zoning Board of Adjustment Planner for the Period of January 1, 2008 to December 31, 2008.

EXTENSION OF TIME APPLICATIONS

APPEAL #11935 –BULK VARIANCE – PUBLIC HEARING OPEN – NO TESTIMONY HEARD – STATUTORY EXTENSION OF TIME

1. Community Medical Ctr Block 535.04

Lakehurst Road Lot(s) 11-15

Zone: VO Joseph D. Coronato, Esq.

ESCROW ACCT.#X-23—B00-721

Applicant is seeking a time extension for a Special Reasons Variance application which was previously approved through the memorialization of a Resolution adopted on January 8, 2004. The applicant has previously been approved for a one year and two year extension of time in which the Resolutions were memorialized on October 6, 2005 and February 9, 2006.

PENDING APPLICATIONS

APPEAL #12674 – USE, BULK VARIANCES & MAJOR SITE PLAN– PUBLIC HEARING OPEN – TESTIMONY HEARD - CARRIED FROM NOVEMBER 29, 2007 & DECEMBER 12, 2007 FOR REVISED PLANS

2. JFM Associates, LLC Block 537

Colfax Street Lots 49, 97, 100 & 101

Zone: MF-6 James Gluck, Esq.

December 25, 2007 ESCROW ACCT.#X-23—B00-670

Applicant seeks Preliminary & Final Site Plan approval associated with the construction of two multi-family buildings involving 11 new residential dwelling units on the subject property.

Use Variance -6.0 Du/Ac required

(Dwelling Unit Density) -7.9 Du/Ac permitted

Use Variance -9.0 Br/Ac required

(Bedroon Density) -22.3 Br/Ac proposed

Min. Lot Area -5.0 Ac required

-1.39 Ac proposed

Min. Front Setback -75’ required

-35.04’ proposed

Min. Rear Setback -40’ required

-25.05’ proposed

Min. Side Yard Setback -40’ required

-15.56’ proposed

Min. Unoccupied Open Space -40% required

-13% proposed

Min. Improvement -75’ required

Setback From Public St -25’ proposed

Min. Improvement -40’ required

Setback From Other -15.56’ proposed

Property Lines

Bldg Line Elevation -2 Units required

Breaks -3 Units proposed

NEW APPLICATIONS

APPLICANT BLOCK

ADDRESS LOT

ZONE ATTORNEY (if applicable)

DATE OF EXPIRATION

Brief Description

APPEAL #12717 – BULK VARIANCE – PUBLIC HEARING OPEN – NO TESTIMONY HEARD

3. Sean & Michelle Tierney Block 1078.02

3248 Mystic Port Place Lot 31

Zone: R-75

March 29, 2008 ESCROW ACCT.#X-23—B00-711

Applicant proposes the construction of a 6’ board on board fence within the front yard setback area.

Min. Front Setback -25’ required

(Fence) -1’ proposed

Fence Construction -4’/Open required

-6’/Board on Board proposed

APPEAL #12723 – BULK VARIANCE– PUBLIC HEARING OPEN – NO TESTIMONY HEARD

4. Barry & Sally Maurillo Block 1462.21

1912 Ship Court Lot 18

Zone: R-75

May 3, 2008 ESCROW ACCT.# X-23—B00-718

Applicant proposes the construction/installation of an in-ground pool within the rear yard area.

Min. Rear Setback (Pool) -10’ required

-6’ proposed

Pool Equipment to -10’ required

Property Line Offset -8.5’ proposed

APPEAL #12722 – BULK VARIANCE – PUBLIC HEARING OPEN – NO TESTIMONY HEARD

5. Ciro Attardo Block 394

1863 Hidden Brook Court Lot 20.04

Zone: R-400C

April 18, 2008 ESCROW ACCT.#X-23—B00-717

Applicant proposes the construction of a detached two car detached garage within the side setback where 20’ is required and 12.1’ is provided.

Accessory Side Setback -20’ required

(Garage) -12.1’ proposed

APPEAL #12543 – BULK VARIANCE – PUBLIC HEARING OPEN – TESTIMONY HEARD – CARRIED FROM MAY 25, 2006 & JUNE 22, 2006 FOR ADDITIONAL DOCUMENTATION AND SEPTEMBER 14, 2006 TO RETAIN AN ATTORNEY

APPEAL #12702 – BULK VARIANCE – PUBLIC HEARING OPEN – NO TESTIMONY HEARD

6. Frank A. Kelly, Jr. Block 919.02

244 Strickland Blvd Lot 29

R-40B Dina M. Vicari, Esq.

August 25, 2006 ESCROW ACCT.#X-23—B00-548

Applicant proposes legalization of an 80 SF accessory shed structure previously

constructed within the front yard setback area adjacent to Strickland Blvd as well as legalization of an existing two family dwelling on the subject site

Min. Lot Area -6000 SF required

-2199.71 SF proposed

Min. Lot Width -60’ required

-40’ proposed

Min. Lot Frontage -40’ required

-37.57’ proposed

Min. Lot Depth -100’ required

-55’ proposed

Min. Rear Setback -10.3’ required

-5.0’ (2^nd Floor Deck)

Min. Comb Side Setback -12’ required

-11’ proposed

Max. Lot Coverage -35% required

-38% proposed

Min. Accessory Front -17.5’ required

Setback -4.9’ proposed

Min. Accessory Side -3.0’ required

Setback Accessory -2.7’ proposed

Structure/Principal

Structures Offset -20’ required

Structure Offset to Water -8±’ (2^nd Floor Deck)

VISIT US AT: townshipofdover.com

For special accommodations, please call (732)341-1000, ext. 8259