ZONING BOARD OF ADJUSTMENT TOWNSHIP OF TOMS RIVER FEBRUARY 9, 2017 AGENDA. REGULAR MEETING 7:30 p.m.

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1 ZONING TOWNSHIP OF TOMS RIVER 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 JASON CRISPIN ART BLANK GUS KAKAVAS LYNN R. O TOOLE JOSEPH KEMPKER LINDA STEFANIK ROBERT ALSTON ALTERNATES: NELS LUTHMAN (ALT#1) RICHARD TUTELA (ALT#2) ARNOLD TARANTO (ALT #3) MATTHEW YEZZI (ALT #4) 5. RULES & REGULATIONS GOVERNING THE MEETING 6. ANNOUNCEMENTS 7. APPROVAL OF GENERAL VOUCHERS FOR PAYMENT 8. APPROVAL OF ESCROW VOUCHERS FOR PAYMENT A. Escrow Vouchers for Brian Rumpf, Esq. B. Escrow Vouchers for Owen, Little & Associates 9. MINUTES OF THE MEETING 10. RESOLUTIONS OF APPROVAL 11. BOARD ACTION ON APPLICATION

2 12. PUBLIC COMMENT 13. ADJOURNMENT RESOLUTIONS OF APPROVAL 1. Theresa Misita 134 Spirit Drive Road Block , Lot: 2, Appeal # Design Waiver Approved 2. Chester & Maria Prosperi 49 Florence Court Block , Lot: 8, Appeal # Bulk Variance - Approved 3. Vincent Rapolla & Meredith Sansone3304 Moonrise Lane -Block , Lot 7, Appeal # Bulk Variance Approved 4. Mary & Richard Norgard 420 Cove Street-Block 1012, Lot 4, Appeal # Bulk Variance - Approved 5. Open Apple LLC c/o Eli Schwab Colfax Streett-Block 537, Lots 49, 97, 100 & 101, Appeal # Amended Major Site Plan - Approved RESOLUTION OF DENIAL 6. HealthSouth of Toms River, LLC Oliver Street-Block , Lots 3-9, Appeal #13437 Use Variance - Denied BOARD RESOLUTIONS 1. Resolution/Agreement of the Toms River Zoning Board of Adjustment Memorializing the Appointment of Gregory P. McGuckin, Esq., and the Law Firm of Dasti, Murphy, Ulaky, Koutsouris & Connors as Zoning Board of Adjustment Attorney for the period of January 1, 2017 to December 31, Resolution/Agreement of the Toms River Zoning Board of Adjustment Memorializing the Appointment of Doug Klee, P.E., and the Firm of Owen, Little & Associates as Zoning Board of Adjustment Engineer for the period of January 1, 2017 to December 31, Resolution/Agreement of the Toms River Zoning Board of Adjustment Memorializing the Appointment of Thomas G. Gannon and the Law Firm of Hiering, Gannon & McKenna as Zoning Board of Adjustment Conflict Attorneys for the period of January 1, 2017 to December 31, Page - 2

3 PENDING APPLICATIONS APPEAL #13454 BULK VARIANCE PUBLIC HEARING OPEN NO TESTIMONY CARRIED FROM JANUARY 26, 2017 FOR DEFICIENT SERVICE 1. Robert Cella Block: Ocean Road Lot: 11 Zone: R-40B Michael C. Paxton, Esq. April 3, 2017 ESCROW ACCT# X-23 B Applicant is proposing to reconstruct a single family dwelling. Min. Lot Area Min. Lot Width Min. Lot Depth Min. Lot Frontage Front Yard Setback Deck, Total Side Yard Setback A/C Front Setback -4,000 SF required -2,720 SF existing -32 existing -100 required -85 existing -32 existing (20%) required -4 proposed -12 required -8 proposed -17 required -4 proposed Page - 3

4 APPEAL #13423 BULK VARIANCE PUBLIC HEARING OPEN TESTIMONY CARRIED FROM NOVEMBER 17, 2016 & JANUARY 12, 2017 FOR REVISED PLANS 2. Cheryl Lee Block: Raleigh Drive Lot: 5 Zone: R-120 Terry Brady, Esq. November 3, 2016 ESCROW ACCT# X-23 B Applicant is requesting to legitimize several accessory structures, including a shed, a covered kitchenette, a grill, a fireplace and a fence. Shed, Front Yard Setback (Somerset) Shed, Side Yard Setback Structure from Pool Structure from Front Yard (Raleigh) Grill, Front Yard Setback Fireplace, Front Yard Setback -10 proposed -10 required -4.2 proposed -8 required -5.8 existing existing -4.7 existing -20 existing NEW APPLICATIONS APPEAL #13447 BULK VARIANCE PUBLIC HEARING OPEN NO TESTIMONY 3. Philip Apap & Paula Koehler Block: Eisenhower Ave Lot: 16 Zone: R-40B Richard P. Ramirez, Esq. April 12, 2017 ESCROW ACCT# X-23 B Applicant is proposing to add an elevated deck to an existing raised dwelling. Deck, Side Yard Setback Deck, Total Side Yard Setback -4 required -3.2 proposed -12 required -6.7 proposed Page - 4

5 APPEAL #13461 BULK VARIANCE PUBLIC HEARING OPEN NO TESTIMONY 4. Kevin & Lora Cohen Block: Acorn Drive Lot: 1 Zone: R-150 April 26, 2017 ESCROW ACCT# X-23 B Applicant is proposing to install a 40 x 16 in-ground pool. Pool, Front Yard Setback Shed. Side Yard Setback Second Shed, Side Yard Setback proposed -3 required -2 existing -15 required -8 existing APPEAL #13462 BULK VARIANCE PUBLIC HEARING OPEN NO TESTIMONY 5. David & Merri Zelinski Block: Monitor Drive Lot: 22 Zone: R-75 Richard P. Ramirez, Esq. May 10, 2017 ESCROW ACCT# X-23 B Applicant is requesting side and rear yard setback variances resulting from the elevation of existing decks. Deck, Side Yard Setback Deck, Rear Side Yard Setback Covered Deck Rear -8 required/permitted -7.1 provided -10 required/permitted -9.2 provided -20 required/permitted -9.2 provided Page - 5

6 APPEAL #13463 BULK VARIANCE PUBLIC HEARING OPEN NO TESTIMONY 6. Raymond Payton, Jr. Block: Adamsway Court Lot: Zone: R-90 May 24, 2017 ESCROW ACCT# X-23 B Applicant is requesting a variance to legitimize an existing gazebo/pavilion accessory structure Side Yard Setback -10 required -8.5 existing/proposed VISIT US AT: tomsrivertownship.com For special accommodations, please call (732) , ext Page - 6

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