TOWNSHIP OF WALL

ZONING BOARD OF ADJUSTMENT

MINUTES OF THE REGULAR MEET

HELD IN THE MUNICIPAL MEETING ROOM

JANUARY 9, 2002

 

 

The Regular Meeting of the Wall Township Board of Adjustment was called to order by Chairman Noorigian at 8:05 P.M.  Members present were Chairman Noorigian, Vice Chairman Clayton, Mary DeSarno, Thomas Grasso, Ralph Addonizio, Dominick Cinelli, Anthony Rembiszewski, second alternate Wilma Morrissey, Attorney Hirsch, Planning Coordinator Pam D’Andrea, Recording Secretary Betty Schinestuhl,  Engineer Matt Zahorsky, Planner John Maczuga and Reporter Arnone.

 

Attorney Hirsch announced that all requirements under the Open Public Meetings Act had been complied with for this meeting and read the purposes of the Board of Adjustment.

 

Chairman Noorigian stated that Thomas Grasso, Ralph Addonizio, Anthony Rembiszewski and Wilma Morrissey were reappointed to the Board of Adjustment.  He gave his congratulations.

 

Chairman Noorigian said this is the first meeting of the New Year.  It is the Board’s reorganization meeting. 

 

Mr. Grasso said he has been on the Board for many years and has enjoyed it.  He stated he is proud to be working with Attorney Hirsch, Chairman Noorigian and all the members of the Board.  He said Chairman Noorigian is truly out for the good of Wall Township. 

 

Mr. Grasso nominated Michael Clayton as Chairman, Mary DeSarno as Vice-Chairman.  The motion was seconded by Mr. Addonizio.  Mr. Addonizio thanked Mr. Noorigian for his years of service and his guidance.  Mrs. Morrissey nominated Dennis Noorigian as Chairman, Michael Clayton as Vice-Chairman.  There was no second.  Mr. Grasso made a motion to close the nominations.  Mr. Addonizio seconded the motion which was unanimously approved.  Mr. Noorigian thanked Mrs. Morrissey for nominating him again.  He said he will continue to serve the Board.  He said Mr. Clayton was always there when he needed him.  Mr. Clayton spent nine years on the Planning Board.  He also said Mrs. DeSarno has been on the Board of Adjustment for 10 years.  He said this is a good move.  Attorney Hirsch said the secretary will cast one vote.

 

Attorney Hirsch read the resolution appointing Pamela D’Andrea as Board of Adjustment Secretary for the year.  Mr. Grasso moved to adopt the resolution.  Mrs. DeSarno seconded the motion which was unanimously approved.

 

Attorney Hirsch read the resolution appointing Betty Schinestuhl as Board of Adjustment Recording Secretary for the year.  Mr. Rembiszewski moved to adopt the resolution.  Mrs. DeSarno seconded the motion which was unanimously approved.

 

Attorney Hirsch read the resolution appointing Thomas Hirsch as the Attorney for the year.  Mr. Cinelli moved to adopt the resolution.  Mr. Cinelli said Mr. Hirsch has been Board Attorney for 20 years.  Mr. Grasso seconded the motion which was unanimously approved.


January 9, 2002                                                                                                            Page 2                                                                                                             

Attorney Hirsch read the resolution appointing Matt Zahorsky, Bay Pointe Engineering as the Engineer for the year.  Mr. Grasso moved to adopt the resolution.  Mr. Clayton seconded the motion which was unanimously approved.

 

Attorney Hirsch read the resolution appointing John Hoffmann as the Zoning Board Planner for the year.  Mr. Cinelli moved to adopt the resolution.  Mr. Grasso seconded the motion which was unanimously approved.

 

Attorney Hirsch read the resolution appointing John Maczuga, Bay Pointe Engineering as Consulting Planner for the year.  Mr. Rembiszewski moved to adopt the resolution.  Mrs. DeSarno seconded the motion which was unanimously approved.

 

Mr. Grasso moved to appoint Ralph Addonizio, Wilma Morrissey and Mark Brosnan to the Site Plan Committee.  Mrs. DeSarno seconded the motion which was unanimously approved.

 

Attorney Hirsch read the resolution appointing Deborah Arnone as the Court Reporter for the year.  Mrs. DeSarno moved to adopt the resolution.  Mr. Addonizio seconded the motion which was unanimously approved.

 

Mr. Noorigian said Annette Kane has retired after nine years.  He welcomed Ms. Arnone.

 

Attorney Hirsch read the resolution for the Open Public Meetings Act with dates for the 2002 hearings.  Mr. Addonizio made a motion to amend the calendar.  The meetings of July 17, 2002 and August 21, 2002 will be eliminated.  Mr. Clayton seconded the motion which was unanimously approved.  Mr. Clayton moved to adopt the resolution as amended.  Mr. Addonizio seconded the motion which was unanimously approved.

 

8:33 P.M. Mrs. DeSarno left the meeting.

 

Newly appointed Chairman Clayton said Tower Lodge will be carried to February 20, 2002 and the Bennett application was withdrawn.  The Board will hear the Proctor and Mary Baker application. 

 

NEW APPLICATIO

 

CASE #BA29-2001 – Date application complete:  October 30, 2001

 

APPLICANT:  PROCTGOR AND NANCY BAKER

 

PROPERTY:  2404 Tilton’s Corner Road, Block 806, Lot 7, OR-5 Zone

 

RELIEF REQUESTED:  Minor/Use/Bulk

 

Jeff Thakker, Esq. appeared for the applicant.


January 9, 2002                                                                                                            Page 3

 

Attorney Thakker said the applicant is here for a use and bulk variance with a subdivision.  The property is located at 2404 Tilton’s Corner Road.  It is Block 806, Lot 7.  The property is 11½ acres.  It is shaped like a horseshoe.  If approved the lot on the west would be 6¼ acres.  The lot on the east would be 5¼ acres.  In 1991 there was an approval of a variance for the storage of piping and other materials.  The applicant will remove all items from the easterly lot. 

 

Sworn by Reporter Arnone:                  Proctor Baker

 

Attorney Thakker explained Mr. Baker has a hearing problem so he may have to ask the Board to repeat questions.

 

Attorney Thakker asked Mr. Baker if he intends to subdivide the property into two lots.  Mr. Baker said yes.

 

Attorney Thakker asked if the new lots would be 7.01 and 7.02.  Mr. Baker said yes.

 

Mr. Grasso asked Mr. Baker if he has done work for MRRSA.  Mr. Baker said yes.  Mr. Grasso said he is on the MRRSA board and he would recuse himself.  Mr. Grasso left the meeting.

 

Attorney Thakker asked Mr. Baker the hours of operation.  Mr. Baker said 7:00 A.M. – 5:00 P.M. during the week and 7:00 A.M. – 12:00 noon on Saturday.

 

Attorney Thakker asked how many employees are on site.  Mr. Baker said one.  Attorney Thakker asked how many employees at the construction company.  Mr. Baker said about seven.  They will not be on site all the time. 

 

Attorney Thakker asked what type of equipment will be stored on site.  Mr. Baker said trucks, etc. just construction equipment.

 

Attorney Thakker asked how long has this site been in operation.  Mr. Baker said concerning the distribution of wholesale sealer – 15 years,  construction – 30 years and the sale of membrane – 10 – 11 years.

 

Attorney Thakker asked about additional traffic.  Mr. Baker said there will not be a lot of traffic.  The trucks will come in and leave for the day.  Mr. Baker said this will all take place on the easterly portion of the property.

 

Mr. Baker said everything will be removed from lot 7.01.  Attorney Hirsch asked if the equipment that was being removed from lot 7.01 was going onto the other lot.  Mr. Baker said it will not be relocated to the other lot.  Attorney Thakker asked how long will it take to clear the new lot.  Mr. Baker said 30 – 60 days.

 

Attorney Thakker asked if Mr. Baker had permission to store things on the property. Mr. Baker said yes, he was awarded a use variance in 1991.

 

Entered into evidence:


January 9, 2002                                                                                                            Page 4

 

A-1      Resolution dated 1991 approving use variance

A-2      As-Built dated 1994

 

Attorney Thakker asked Mr. Baker what his intentions were concerning lot 7.02.  Mr. Baker said whatever it is zoned for.  He said the resolution would be null and void concerning lot 7.02.

 

Attorney Hirsch asked what would be done with the .6 acres marked storage area on the plan.  Mr. Baker said that will all be deleted.  He said everything will be on the easterly lot.  He said he is going to get rid of all the storage trailers.  Mr. Baker said the portion on the inside of the easterly lot where the truck storage is, that will stay. 

 

Attorney Hirsch asked if the .6 acres on the easterly side of the lot being done away with.  Mr. Baker said no he will continue to use that.

 

Attorney Thakker asked if the hours of operation will increase.  Mr. Baker said no.  He also said the traffic will not increase.  He said nothing will change. 

 

Attorney Thakker asked if there will be additional equipment on the property.  Mr. Baker said no.

 

Attorney Thakker asked about water run-off.  Mr. Baker said they put in a detention basin. 

 

Attorney Thakker asked about the structure to the south of the cell tower.  Mr. Baker said that was all taken down. 

 

Mr. Maczuga asked if that was a storage trailer.  Mr. Baker said it was demolished.

 

Attorney Thakker asked about the front yard set back.  Mr. Baker said it is 100’.  It is pre-existing.

 

Attorney Hirsch said the Board Professional letters needed to be addressed.

 

Mr. Maczuga asked if there was  a cell tower on the property.  Mr. Baker said yes.

 

Mr. Maczuga asked if that site was going to be disturbed.  He also asked if Mr. Baker was going to remove the existing vegetation.  Mr. Baker said no.

 

Mr. Maczuga asked if Mr. Baker agreed to Subtitle 1, Title 39.  Mr. Maczuga explained what Title 39 was.  Mr. Baker agreed.

 

Mr. Maczuga said there were no other comments that needed to be addressed in his letter.

 

Mr. Zahorsky said he had no objection to the waiver of a grading plan being submitted. 

 

Mr. Zahorsky asked that a note be added to the plan indicating if the subdivision is to be perfected by the filing of deeds.  Attorney Thakker said they will do it by deed.  Mr. Zahorsky said a note should be put on the plan and submitted to his office. 


January 9, 2002                                                                                                            Page 5

 

Mr. Zahorsky said a sight triangle easement should be dedicated to the Township at the intersection of Tilton’s Corner Road and Ridgewood Road.  Attorney Thakker agreed.

 

Mr. Clayton asked about the buffering along Ridgewood Road.  He said that is zoned R-60 and residential.  Mr. Maczuga said any new development that comes in will be responsible for that.  He said the buffer would be regulated because it abuts a residential zone. 

 

Mrs. Morrissey asked if there were any environmental violations.  Mr. Baker said no.

 

The application was opened to the public.

 

Ms. Eileen Stevens, Block 805, Lot 39.  Ms. Stevens said she is concerned about the traffic.  She said there is no water or sewer and that would have to be brought in.  She said she thinks it has some environmental problems.  She asked the Board to consider these problems.  She also said the road is in terrible shape. 

 

The application was closed.

 

Attorney Thakker asked Mr. Baker if he was aware of any environmental problems.  Mr. Baker said no. 

 

Attorney Thakker asked about traffic.  Mr. Baker said it would not increase.

 

Mrs. Morrissey asked Mr. Maczuga about water/sewer and traffic.  Mr. Maczuga said this is a sub-division application not a development application.  He said he would not comment on water/sewer and traffic.  He said it would be just speculation. 

 

Mr. Cinelli moved to approve the application subject to the applicant complying with Title 39, sight triangle easement, removal of all storage and complying with Board Professional review letters.  Mr. Rembiszewski seconded the motion, which was unanimously approved by a roll call vote.  (Messrs. Cinelli, Rembiszewski, Addonizio, Noorigian, Clayton and Mrs. Morrissey voted yes.)

 

Mr. Addonizio, regarding the time limits, will wait until there was a full Board.

 

RESOLUTIONS TO BE ADOPTED:

 

ROBERT AND ELIZABETH BEEBE – BA#30-2001

Block 866, Lot 25                                                                    Noorigian/Rembiszewski

 

JIM SAYRE – BA#28-2001

Block 811.01, Lot 56                                                               Addonizio/Rembiszewski         

 


January 9, 2002                                                                                                            Page 6

 

There being no further business to come before the Board, a motion was made, seconded, and unanimously approved to adjourn the meeting at 9:28 P.M. 

 

                                                                        Respectfully submitted,

 

 

                                                                        Betty Schinestuhl

                    Recording Secretary