Board of Adjustment

Ken Shilay, Chairperson
Mary Knapp, Secretary
 

Hours: Wednesday 8:30am-3:30pm

Meetings: Third Wednesdays, 7:30pm

405 Mine Road
Asbury, NJ 08802

Phone:  908.735.4107, ext. 104
Fax: 908.735.0485


Board of Adjustment Members

NAME POSITION TERM APPOINTED
BY
EXPIRATION OF TERM 
Kenneth Shilay Chairperson 4 year Township
Committee
2010
Paul Muir Vice Chairperson 4 year Township
Committee
2010
David Jones Regular Member 4 year Township
Committee
2011
Joyce Koch Regular Member 4 year Township
Committee
2011
Sandy McCardle Regular Member 4 year Township
Committee
2008
Paul Sadowski Regular Member 4 year Township
Committee
2008
Heather Wegner Regular Member 4 year Township
Committee
2008
Douglas Kirk Alternate #1 2 year Township
Committee
2008
Mary Tillman Alternate #2 2 year Township
Committee
2009
William Caldwell Attorney 1 year Board of
Adjustment
2008
Robert O'Brien Engineer 1 year Board of
Adjustment
2008
Charles McGroarty Planner 1 year Board of
Adjustment
2008
Mary Knapp Recording Secretary 1 year Township
Committee
2008

POWERS AND DUTIES OF THE BOARD OF ADJUSTMENT

Township Ordinance §102-44.1 establishes the Board of Adjustment's powers and duties.

The Board of Adjustment had the power to:

"(A) Hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, decision, or refusal made by an administrative officer based on or made in the enforcement of the Zoning Ordinance.

(B) Hear and decide requests for interpretation of the Zoning Map or Ordinance or for decisions upon other special questions upon which the Board is authorized to pass by any zoning or official map ordinance, in accordance with Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.

(C) Where by reason of exceptional narrowness, shallowness, or shape of a specific piece of property, or by reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property or the structures lawfully existing thereon, the strict application of any regulation in this chaper would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the developer of such property, grant, upon application of such regulation so as to relieve such difficulties or hardships; provided, however, that the fact that a proposed use is inherently beneficial use shall not be dispositive of a decision on a variance under this subsection and provided that no variance from those departures enumerated in Subsection C(2)(d) of this chapter and shall be granted under this subsection; and provided futher development does not require approval by the Panning Board of a subdivision, site plan or conditional use, in conjunction with which the Planning Board has the power to review a request for variance pursuant to
§ 102-44C of this chapter.

(D) In particular cases for special resons, grant a variance to allow departure from the zoning provisions of this chapter to permit:

(1) A use of principal structure in a district restricted against such use or principal structure.

(2) An expansion of a nonconforming use

(3) Dervation from a particular specification or standard set forth in this chapter as pertaining solely to a conditional use;

(4) An increase in the permitted density as defined in Article IV or VI of this chapter, as the case may be and in N.J.S.A. 40:55D-4, except as applied to the required lot area for a lot or lots detached one- or two-dwelling unit buildings, which lot or lots or either an isolated undersized lot or lots resulting from a minor subdivision; or

(6) A height of as principal structure which exceeds by 10 feet or 10% the maximum height permitted in this district for a principal structure.  A variance under this subsection shall be granted shall be granted only by affirmative vote of at least five members."

FORMS TO SUBMIT TO THE BOARD OF ADJUSTMENT  

Board of Adjustment Application