February 20, 2008

A regular meeting of the Board of Adjustment was held in the Municipal Complex at 7:30 p.m.

Present Also Present

John Rentschler Kenneth Fitzsimmons, Esq.

Frank Pannucci, Jr. Dave Owen

Aldo Marchetti Tara Paxton

William Chandler, Jr. Sean Kinnevy

Lisa Lau Denise Sweet

Domenick Brando

Madeline Iannarone

Dennis Liberatore

Edward Mercer

Mr. Rentschler led the salute to the flag: and the roll was called.

The Board’s Professionals were sworn in.

BA-2602- Romanow

Anthony Pagano was present to represent the applicant.

Robert Burdick was sworn in.

The site is in an R.7.5 zone. The property contains a two-story single family home, an in-ground pool, two sheds, a gazebo and a board on board six ft fence. The fence was erected at 18.5ft from Delta Place where 25ft is required. One of the sheds is placed too close to the property line and the applicant will move it so it becomes conforming. No permits were issued for any of the structures on the site. The gazebo measures 124.4sq ft. and is closed in on three sides. The existing fence ties into the neighbors fence. There are similar fences in the area.

The fence will cause no detriment to the area or the neighbors. It does not go against the Master Plan.

Public portion closed

Factual Findings

Ms. Lau- This is a corner lot. The fence was erected at 18.5ft. from the property line where 25ft. is required. The fence is a 6ft board-on-board and matches the neighbors fence. The applicant is requesting the fence for privacy. The one shed will be moved to become conforming. No detriment to the area.

Mr. Marchetti- Concurred

Mr. Brando- Concurred

Mr. Chandler- Concurred. No objectors present

Ms. Iannarone- Concurred

Mr. Pannucci- Concurred

Mr. Rentchler- Concurred.

A motion was made to approve Case BA-2602 Romanow. It was moved by Mr. Marchetti and seconded by Mr. Brando. All other Board members voted AYE.

BA-2339- O’Grady

John Jackson was present to represent the applicant.

This applicant had a previous approval from the Board to remove an existing one-story bungalow and construct a two-story detached condominium unit. The applicant agreed to sign a Deed Restriction against using the garage and attic for living spaces.

The applicant is now coming back to the Board for permission to use part of the garage for living space.

Charles Lindstrom was sworn in.

The applicant is requesting to use part of the garage for a bedroom for guests. The front 17ft of the garage will still be used for parking. The floor in the garage had to be raised to meet FEMA regulations.

EVIDENCE

A-1- Photo of the existing home

No outside changes will be made to the home. Mr. Lindstrom stated that the applicant has 1 parking space in the garage, one spot by permit of the Association and two spaces on the side of the house which are in the right-of-way on Route 35.

Emergency vehicles have proper access to the home from Route 35. Mr. Lindstrom stated there are similar uses in the area and this will have no detriment on the area. The applicant agreed to meet all requirements from the fire safety report of Kevin Batzel and will meet all the fire codes.

Joseph O’Grady was sworn in. He has owned the home since 1992 and uses it right now as a summer residence. He stated he has no parking problem in the summer.

Jack Redmond was sworn in. He is a neighbor who is in the process of constructing a home across from Mr. O’Grady. He had no objection to what Mr. O’Grady is proposing.

Mr. Jackson gave a closing statement.

Public portion closed

Factual Findings

Mr. Chandler- The applicant is requesting to amend his original resolution to allow a bedroom to be constructed in part of his garage. The applicant signed a Deed Restriction stating that neither the first floor garage or the attic would be used for living space. The letter from fire safety has many concerns about this proposal. The home does not meet the setback from Route 35 and an expansion on the first floor could be dangerous. Also Route 35 may be widened and the setback would become even shorter. There were concerns from the Planner as per her letter of 2003. The applicant requested a waiver of site plan each time he came before the Board and it was granted. The garage is too small to house a room and park almost any size car. The applicant cannot count the two parking spaces in the right-of-way of Route 35 as his own. The Board spent a lot of time on the first application because of its many issues. At this time none of these issues have changed. The applicant was honest in coming to the Board and requesting this change before construction took place. The application was denied.

Ms. Iannarone- Concurred. Denied the application

Mr. Pannucci- Concurred. Denied the application

Ms. Lau- The applicant is willing to meet any conditions the Board would require. No problem with the bedroom being constructed in the garage but the washer and dryer must be removed from the garage for more parking space.

Mr. Marchetti- Concurred. Approve this application

Mr. Brando- Concurred. Approve this application

Mr. Rentschler- To have the bedroom where proposed would be a safety hazard. Deny this application.

A motion was made to deny BA-2339- Joseph O’Grady. It was moved by Mr. Chandler and seconded by Ms. Iannarone. Mr. Chandler, Ms. Iannarone, Mr. Pannucci and Mr. Rentschler voted yes to deny. Ms. Lau, Mr. Marchetti and Mr. Brando voted no.

Recess: 9:00 meeting resumed: 9:10 p.m.

BA-2481- Old Hooper

Donna Jennings was present to represent the applicant.

She addressed the issue of the Appeal the applicant entered concerning the proper use of lot 11.

Ron Gasiorowski who is the objecting attorney for Father Alfonse stated the appeal period had expired on August 26, 1998 and should not be considered.

Ms. Jennings produced evidence to the Board and Mr. Fitzsimmons had the Board continue to heal the Appeal application.

EVIDENCE

J-1- Letter from Sean Kinnevy dated January 14, 1985 to Anthony Hennessey

J-2- Letter from Peter DeCenzo, Jr. dated August 17, 1998 to Sean Kinnevy

J-3- Letter from Sean Kinnevy dated August 26, 1998 to Peter DeCenzo, Jr.

J-4- Letter from Sean Kinnevy dated September 9, 1999 to Stacey Pelaske

J-5- Letter from Sean Kinnevy dated May 1, 2007 to Peter DeCenzo, Jr.

J-6- Letter from John Kinnevy (Sean) dated July 15, 1983 to Frank & Mary Rotundo

J-7- Letter from Mayor Daniel F. Newman dated August 16, 1983 to James Olympio

with an attached copy of a Summons

O-1- Copy of aerial photo of the site obtained from the Ocean County Planning Board

O-2- Copy of aerial photo of the site obtained from the Ocean Couty Planning Board

Dated 2002

Mr. Robert Maida was sworn in. He was the attorney and accountant for Mary Rotondo when her father owned the site.

There were originally 3 owners of the site. Mr. Rotondo Sr, Put lot 11 in his daughter Marie and his son Frank Rotondo, Jr, name on April 2, 1959. The business became C & R Waste Materials. There were no barriers between lots 10 and 11.

In 1953 Mr. Maida would visit the site at least once a year and observed cars dismantled to the rear of the site.

Lots 10 & 11 are zoned residential and were purchased by the same family but the lots were put in different names. Both lots were grandfathered for junk yard use. C and R constructed a building on lot 10 prior to 1960.

Ms. Jennings wanted on the record that the county widened the street and at that time removed some trees from the site.

Mr. Brando left the meeting at 10:35 p.m.

Mr. Maida stated that there were no retail sales for auto parts on the site to his knowledge from 1951 to 1995.

This application was carried to a special meeting on April 9, 2008. The time was waived to May 7, 2008. No further notice is required.

A motion was made to approve the Resolution as posted for BA-2388- Shlomo Teren and Paul Gottlieb. It was moved by Mr. Marchetti and seconded by Ms. Lau. Mr. Chandler, Ms. Liberatore, Ms. Lau, Mr. Marchetti and Mr. Rentschler voted AYE. Ms. Iannarone voted no. Mr. Pannucci was ineligible. Mr. Mercer was present but not voting. Mr. Brando was absent.

A motion was made to approve the Resolution as posted for BA-2610-Mark and Deborah Tirondola. It was moved by Ms. Iannarone and seconded by Mr. Marchetti. Mr. Chandler, Mr. Liberatore, Ms. Iannarone, Ms. Lau, Mr. Marchetti and Mr. Rentschler voted AYE. Mr. Pannucci was ineligible. Mr. Mercer was present but not voting. Mr. Brando was absent.

A motion was made to approve the Resolution as posted for BA-2547-Neil and Josephine Gambarony. It was moved by Ms. Iannarone and seconded by Ms. Lau. Mr. Pannucci, Mr. Liberatore, Ms. Iannarone, Ms. Lau, Mr. Marchetti and Mr. Rentschler voted AYE. Mr. Chandler and Mr. Mercer were ineligible. Mr. Brando was absent.

A motion was made to approve the Vouchers as posted. It was moved by Ms. Iannarone and seconded by Mr. Pannucci. All other Board members voted AYE.

A motion was made to adjourn the meeting at 11:15 p.m.

Christine Papa, Secretary

Board of Adjustment

February 20, 2008

A regular meeting of the Board of Adjustment was held in the Municipal Complex at 7:30 p.m.

Present Also Present

John Rentschler Kenneth Fitzsimmons, Esq.

Frank Pannucci, Jr. Dave Owen

Aldo Marchetti Tara Paxton

William Chandler, Jr. Sean Kinnevy

Lisa Lau Denise Sweet

Domenick Brando

Madeline Iannarone

Dennis Liberatore

Edward Mercer

Mr. Rentschler led the salute to the flag: and the roll was called.

The Board’s Professionals were sworn in.

BA-2602- Romanow

Anthony Pagano was present to represent the applicant.

Robert Burdick was sworn in.

The site is in an R.7.5 zone. The property contains a two-story single family home, an in-ground pool, two sheds, a gazebo and a board on board six ft fence. The fence was erected at 18.5ft from Delta Place where 25ft is required. One of the sheds is placed too close to the property line and the applicant will move it so it becomes conforming. No permits were issued for any of the structures on the site. The gazebo measures 124.4sq ft. and is closed in on three sides. The existing fence ties into the neighbors fence. There are similar fences in the area.

The fence will cause no detriment to the area or the neighbors. It does not go against the Master Plan.

Public portion closed

Factual Findings

Ms. Lau- This is a corner lot. The fence was erected at 18.5ft. from the property line where 25ft. is required. The fence is a 6ft board-on-board and matches the neighbors fence. The applicant is requesting the fence for privacy. The one shed will be moved to become conforming. No detriment to the area.

Mr. Marchetti- Concurred

Mr. Brando- Concurred

Mr. Chandler- Concurred. No objectors present

Ms. Iannarone- Concurred

Mr. Pannucci- Concurred

Mr. Rentchler- Concurred.

A motion was made to approve Case BA-2602 Romanow. It was moved by Mr. Marchetti and seconded by Mr. Brando. All other Board members voted AYE.

BA-2339- O’Grady

John Jackson was present to represent the applicant.

This applicant had a previous approval from the Board to remove an existing one-story bungalow and construct a two-story detached condominium unit. The applicant agreed to sign a Deed Restriction against using the garage and attic for living spaces.

The applicant is now coming back to the Board for permission to use part of the garage for living space.

Charles Lindstrom was sworn in.

The applicant is requesting to use part of the garage for a bedroom for guests. The front 17ft of the garage will still be used for parking. The floor in the garage had to be raised to meet FEMA regulations.

EVIDENCE

A-1- Photo of the existing home

No outside changes will be made to the home. Mr. Lindstrom stated that the applicant has 1 parking space in the garage, one spot by permit of the Association and two spaces on the side of the house which are in the right-of-way on Route 35.

Emergency vehicles have proper access to the home from Route 35. Mr. Lindstrom stated there are similar uses in the area and this will have no detriment on the area. The applicant agreed to meet all requirements from the fire safety report of Kevin Batzel and will meet all the fire codes.

Joseph O’Grady was sworn in. He has owned the home since 1992 and uses it right now as a summer residence. He stated he has no parking problem in the summer.

Jack Redmond was sworn in. He is a neighbor who is in the process of constructing a home across from Mr. O’Grady. He had no objection to what Mr. O’Grady is proposing.

Mr. Jackson gave a closing statement.

Public portion closed

Factual Findings

Mr. Chandler- The applicant is requesting to amend his original resolution to allow a bedroom to be constructed in part of his garage. The applicant signed a Deed Restriction stating that neither the first floor garage or the attic would be used for living space. The letter from fire safety has many concerns about this proposal. The home does not meet the setback from Route 35 and an expansion on the first floor could be dangerous. Also Route 35 may be widened and the setback would become even shorter. There were concerns from the Planner as per her letter of 2003. The applicant requested a waiver of site plan each time he came before the Board and it was granted. The garage is too small to house a room and park almost any size car. The applicant cannot count the two parking spaces in the right-of-way of Route 35 as his own. The Board spent a lot of time on the first application because of its many issues. At this time none of these issues have changed. The applicant was honest in coming to the Board and requesting this change before construction took place. The application was denied.

Ms. Iannarone- Concurred. Denied the application

Mr. Pannucci- Concurred. Denied the application

Ms. Lau- The applicant is willing to meet any conditions the Board would require. No problem with the bedroom being constructed in the garage but the washer and dryer must be removed from the garage for more parking space.

Mr. Marchetti- Concurred. Approve this application

Mr. Brando- Concurred. Approve this application

Mr. Rentschler- To have the bedroom where proposed would be a safety hazard. Deny this application.

A motion was made to deny BA-2339- Joseph O’Grady. It was moved by Mr. Chandler and seconded by Ms. Iannarone. Mr. Chandler, Ms. Iannarone, Mr. Pannucci and Mr. Rentschler voted yes to deny. Ms. Lau, Mr. Marchetti and Mr. Brando voted no.

Recess: 9:00 meeting resumed: 9:10 p.m.

BA-2481- Old Hooper

Donna Jennings was present to represent the applicant.

She addressed the issue of the Appeal the applicant entered concerning the proper use of lot 11.

Ron Gasiorowski who is the objecting attorney for Father Alfonse stated the appeal period had expired on August 26, 1998 and should not be considered.

Ms. Jennings produced evidence to the Board and Mr. Fitzsimmons had the Board continue to heal the Appeal application.

EVIDENCE

J-1- Letter from Sean Kinnevy dated January 14, 1985 to Anthony Hennessey

J-2- Letter from Peter DeCenzo, Jr. dated August 17, 1998 to Sean Kinnevy

J-3- Letter from Sean Kinnevy dated August 26, 1998 to Peter DeCenzo, Jr.

J-4- Letter from Sean Kinnevy dated September 9, 1999 to Stacey Pelaske

J-5- Letter from Sean Kinnevy dated May 1, 2007 to Peter DeCenzo, Jr.

J-6- Letter from John Kinnevy (Sean) dated July 15, 1983 to Frank & Mary Rotundo

J-7- Letter from Mayor Daniel F. Newman dated August 16, 1983 to James Olympio

with an attached copy of a Summons

O-1- Copy of aerial photo of the site obtained from the Ocean County Planning Board

O-2- Copy of aerial photo of the site obtained from the Ocean Couty Planning Board

Dated 2002

Mr. Robert Maida was sworn in. He was the attorney and accountant for Mary Rotondo when her father owned the site.

There were originally 3 owners of the site. Mr. Rotondo Sr, Put lot 11 in his daughter Marie and his son Frank Rotondo, Jr, name on April 2, 1959. The business became C & R Waste Materials. There were no barriers between lots 10 and 11.

In 1953 Mr. Maida would visit the site at least once a year and observed cars dismantled to the rear of the site.

Lots 10 & 11 are zoned residential and were purchased by the same family but the lots were put in different names. Both lots were grandfathered for junk yard use. C and R constructed a building on lot 10 prior to 1960.

Ms. Jennings wanted on the record that the county widened the street and at that time removed some trees from the site.

Mr. Brando left the meeting at 10:35 p.m.

Mr. Maida stated that there were no retail sales for auto parts on the site to his knowledge from 1951 to 1995.

This application was carried to a special meeting on April 9, 2008. The time was waived to May 7, 2008. No further notice is required.

A motion was made to approve the Resolution as posted for BA-2388- Shlomo Teren and Paul Gottlieb. It was moved by Mr. Marchetti and seconded by Ms. Lau. Mr. Chandler, Ms. Liberatore, Ms. Lau, Mr. Marchetti and Mr. Rentschler voted AYE. Ms. Iannarone voted no. Mr. Pannucci was ineligible. Mr. Mercer was present but not voting. Mr. Brando was absent.

A motion was made to approve the Resolution as posted for BA-2610-Mark and Deborah Tirondola. It was moved by Ms. Iannarone and seconded by Mr. Marchetti. Mr. Chandler, Mr. Liberatore, Ms. Iannarone, Ms. Lau, Mr. Marchetti and Mr. Rentschler voted AYE. Mr. Pannucci was ineligible. Mr. Mercer was present but not voting. Mr. Brando was absent.

A motion was made to approve the Resolution as posted for BA-2547-Neil and Josephine Gambarony. It was moved by Ms. Iannarone and seconded by Ms. Lau. Mr. Pannucci, Mr. Liberatore, Ms. Iannarone, Ms. Lau, Mr. Marchetti and Mr. Rentschler voted AYE. Mr. Chandler and Mr. Mercer were ineligible. Mr. Brando was absent.

A motion was made to approve the Vouchers as posted. It was moved by Ms. Iannarone and seconded by Mr. Pannucci. All other Board members voted AYE.

A motion was made to adjourn the meeting at 11:15 p.m.

Christine Papa, Secretary

Board of Adjustment