ZONING BOARD OF ADJUSTMENT
MINUTES OF THE REGULAR MEET
HELD IN THE MUNICIPAL MEETING ROOM
JANUARY 10, 2001
The Regular Meeting of the Wall Township Board of Adjustment was called to order by Chairman Noorigian at 7:30 P.M. Members present were Chairman Dennis Noorigian presiding, Michael Clayton, Mary DeSarno, Thomas Grasso, Ralph Addonizio, Dominick Cinelli, Anthony Rembiszewski, first alternate Mark Brosnan, second alternate Wilma Morrissey, Attorney Thomas Hirsch, Pam D’Andrea, Engineer Matt Zahorsky and Reporter Kane.
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 this is the Reorganization Meeting of the Board of Adjustment.
Chairman Noorigian stated that at the Township Committee’s January 3rd Reorganization Meeting three members were reappointed to the Board; myself, Dominick Cinelli and Michael Clayton. Mr. Brosnan was also reappointed as an alternate for a one year term.
Chairman Noorigian announced that Pam D’Andrea will be Acting Planning Coordinator. Judy Ehrhart had an accident and will be out for a period of time.
Mr. Grasso nominated Dennis Noorigian as Chairman, Michael Clayton as Vice Chairman, the appointment of Judy Ehrhart as Secretary, Pam D’Andrea as Acting Secretary and Betty Schinestuhl as Recording Secretary. The motion was seconded by Mr. Cinelli which was unanimously approved.
Attorney Hirsch read the resolution appointing Thomas Hirsch as the Attorney for the year. Mrs. DeSarno moved to adopt the resolution. Mr. Grasso seconded the motion which was unanimously approved.
Attorney Hirsch read the resolution appointing Glenn R. Gerken, Bay Pointe Engineering, Inc. as the Engineer for the year. Mr. Addonizio moved to adopt the resolution.
January 10, 2001 Page 2
Mr. Clayton seconded the motion which was unanimously approved.
Attorney Hirsch read the resolution appointing John F. Hoffmann as the Zoning Board Planner for the year. Mr. Addonizio moved to adopt the resolution. Mrs. DeSarno seconded the motion which was unanimously approved.
Attorney Hirsch read the resolution appointing John Maczuga of Bay Pointe Engineering as Consulting Planner for the year. Mr. Grasso moved to adopt the resolution. Mr. Addonizio seconded the motion which was unanimously approved.
Attorney Hirsch read the resolution appointing Annette Kane-Peck as the Court Reporter for the year. Mr. Addonizio moved to adopt the resolution. Mr. Brosnan seconded the motion which was unanimously approved.
Mrs. DeSarno moved to adopt the resolution for the Open Public Meetings Act with dates for the 2001 hearings. Mr. Brosnan seconded the motion which was unanimously approved.
Mr. Grasso noticed that there were some individuals here that have interest in the Meridian case. He asked Attorney Hirsch for an update.
Attorney Hirsch said the pre-trial conferences had been scheduled and then adjourned. There has now been a pre-trial conference with Judge Lawson to set dates for filing of briefs, establish what the issues are in the case and set a trial date. Meridian briefs are due the end of this month, my brief is due 30 days later. The trial is scheduled for the end of March. The court may take a few weeks after the date of oral arguments before they make their decision. Court is open to the public.
CASE #8-2000-BOA: Date application complete: February 7, 2000
APPLICANT: TOWER LODGE
PROPERTY: 1506 Gully Road, Block 239, Lot 8, Zone R-30
Chairman Noorigian announced this application has been rescheduled for April 11, 2001. The attorney has given us a waiver of time period.
January 10, 2001 Page 3
Mr. Grasso said he would like to make a correction to the minutes of December 6, 2000. #31-2000-BOA. There were many comments and concerns regarding issues concerning egress and ingress. I do not see these comments in the minutes. He would like his concerns in the minutes. Attorney Hirsch said the minutes are not verbatim. He asked Mr. Grasso if he wanted to make a comment or amend the minutes. Mr. Grasso said he would move to amend the minutes. He would like his comments concerning the ingress and egress of the driveway in the minutes. Attorney Hirsch said the Board will hold the adoption of these minutes until they can be corrected. The minutes should be amended and then brought back to the Board.
Mr. Grasso made a motion to approve the minutes of November 1, 2000, November 8, 2000, December 13, 2000 and hold the approval of the December 6, 2000 minutes until they can be corrected. Attorney Hirsch said the motion should include that the minutes will be amended as suggested by Mr. Grasso. The minutes will have to be reviewed by the Recording Secretary and then after amendment brought back to the Board. Mr. Addonizio seconded the motion which was unanimously approved. Mr. Cinelli was not present at the December 13th meeting.
CASE #37-2000-BOA: Date application complete: September 6, 2000
APPLICANT: JAMES & SUSAN EISELE
KENNETH & TARA SHINN
PROPERTY: 513 Shark River Station Road, Block 901,
Lot 19, R-60 Zone
RELIEF REQUESTED: Variance requested to build new home on an undersized lot. Bulk variances.
Attorney Hirsch reviewed the file and stated that the Board had jurisdiction to proceed.
George D. McGill appeared for the applicant.
Attorney McGill gave an overview. Attorney McGill said this matter was before the Board in 1990. At that time variances were granted. My clients purchased the property in 1991. They did not realize that the Township had a time ordinance and there has also been a zoning change since then. We will be looking for lot area, lot width and lot frontage variances.
January 10, 2001 Page 4
Mr. Addonizio asked what variances were granted in 1990. Attorney McGill gave the Board a copy of the resolution and moved it into evidence.
Attorney Hirsch explained the 1990 resolution.
Attorney Hirsch asked if the they planned to build the same house that was approved in 1990. Attorney McGill did not know what was presented in 1990. He presented the Board with an elevation.
Sworn by Reporter Kane: Kenneth Shinn, Jr.
Mr. Shinn stated he is partners with Mr. Eisele. They purchased the property in 1991. The neighborhood is residential. There is a small house on the property. There is an abandoned house on one side of the property.
Attorney McGill asked if there were any similar sized homes in the area. Mr. Shinn said yes.
Attorney McGill asked if an attempt was made to purchase the adjoining properties. Mr. Shinn said he approached one of the neighbors and sent a certified letter to the owner of the abandoned house. That letter was returned. The property owner on the left was not willing to sell their property.
Attorney Hirsch asked how did Mr. Shinn notify the owner of the vacant piece of property. Mr. Shinn said a letter was sent to the estate.
Attorney McGill asked if the property was now under contract for sale. Mr. Shinn said Tom Chiesa is under contract to purchase the property.
Entered into evidence:
A-1 Elevation
A-2 Returned letter from the estate of Naomi Williams
A-3 Board of Adjustment resolution from 1990
A-4 Plan
Chairman Noorigian asked if there were any comments from the Board.
January 10, 2001 Page 5
Ms. Morrissey asked if the neighbors had any problem with the plans and is the For Sale sign still up on the property.
Mr. Shinn said the neighbors knew the property was up for sale and they knew of the intent to build a house.
Chairman Noorigian asked if there were any comments from the public. There were none.
Sworn by Reporter Kane: Thomas Chiesa
Mr. Chiesa has a contract for the purchase of the property. He would like to build a single family home. The plans have been changed from a two car garage to a one car garage.
Attorney McGill asked if Mr. Chiesa planned to build the house according to all set backs. Mr. Chiesa answered yes.
Chairman Noorigian asked if there were any comments from the Board.
Mr. Zahorsky said everything seems to be in order. They must get approval from County Board of Health for the septic system and well.
Mr. Clayton asked if Mr. Chiesa was planning on living in the home. Mr. Chiesa said he is building to sell. Mr. Clayton suggested keeping as many trees as possible. Mr. Chiesa said there are very little trees where the house is going to be built.
Chairman Noorigian asked if there were any questions or comments from the public. There were none.
Mr. Grasso moved to approve the application as applied for with the conditions set for by Mr. Zahorsky. Mr. Rembiszewski seconded the motion, which was unanimously approved by a roll call vote. (Messrs. Grasso, Rembiszewski, Addonizio, Cinelli, Clayton, Noorigian and Mrs. DeSarno voted yes.)
Mayor Addonizio entered the meeting room and presented the members of the Board of Adjustment with certificates.
CASE #BA38-2000 Date application complete: September 7, 2000
January 10, 2001 Page 6
APPLICANT: WALLACE F. SMITH
PROPERTY: 1309 Willow Drive, Block 708, Lot 10, R-7.5 Zone
RELIEF REQUESTED: Variance requested for 13 foot setback for addition of dining room.
Attorney Hirsch asked Mr. Smith for a copy of the notice sent to the property owners.
Attorney Hirsch reviewed the file and stated that the Board had jurisdiction to proceed.
Sworn by Reporter Kane: Wallace F. Smith
Mr. Smith said he is looking for relief from Ordinance 400G.2. Mr. Smith explained his property has two front yards. He is proposing to add a dining room to the side of his house.
Chairman Noorigian asked if there was a reason why he chose that side. Mr. Smith said he wants to keep his backyard in tact. The side yard is unused. The addition is going to be a dining room.
Attorney Hirsch asked Mr. Smith to explain what was located at the rear of your property, Lot 9. Mr. Smith said a one story ranch. The front is on Laurel Avenue and has a
garage on Willow. It is approximately 30 feet from my house.
Attorney Hirsch asked if that house is set back further on Willow Drive. Mr. Smith said it is set back further from the street.
Mr. Grasso said he visited the site. Mr. Grasso asked what is between your property and the house that is on the corner of Willow and Laurel. Mr. Smith said there is a 4’ decorative wood fence and several trees. Mr. Grasso asked if the proposed addition would be behind the fence. Mr. Smith said yes.
Mr. Smith said he delivered the notice to his neighbors personally and they did not show any concerns about the addition.
Attorney Hirsch asked if the addition would be one or two stories. Mr. Smith said one.
January 10, 2001 Page 7
Mr. Cinelli asked if there was any reason the addition could not be put on the back. Mr. Smith said he did not want to loose that part of my back yard. It would take a lot of space.
Mr. Grasso asked Mr. Smith to describe the homes across the street. Mr. Smith said his house is at an angle, the other homes are square. Being at an angle he looses a lot of space to be able to put on the addition.
Mr. Grasso asked about the ranch across the street. Do they have an addition that is similar to yours. Mr. Smith said they just put an addition on that house.
Mr. Clayton asked if there were any other homes less than 25’ from the property line. Mr. Smith said no.
Mr. Clayton suggested leaving as many trees as possible. Mr. Smith said he can do that. He will leave the fence up and all the trees. If necessary he would put additional trees to provide more buffer.
Chairman Noorigian asked if there were any questions or statements from the public. There were none.
Mr. Smith said there are several homes on Magnolia Avenue that have similar additions. It is consistent with the neighborhood.
Mr. Grasso moved to approve the application as applied for. Mr. Cinelli seconded the motion, which was unanimously approved by a roll call vote. (Messrs. Grasso, Cinelli, Addonizio, Rembiszewski, Clayton, Noorigian and Mrs. DeSarno voted yes.)
Chairman Noorigian said the resolution will be read at the next meeting.
Mr. Clayton asked the Board if they would like to deal with the signage situation. Mr. Addonizio said he would write a letter and bring it to the Board. He said if anyone else had anything to say regarding the signage issue to let him know and he would add it to the letter. Mr. Grasso said the Board is not using the power it has. The Sunoco Station on Route 35 came in for certain variances and we made a condition of approval that they eliminate all other signage. Those signs have not been taken down.
January 10, 2001 Page 8
Attorney Hirsch said if the Board does not want banners or any other signs that should be stated in the resolution.
Mr. Grasso made a motion to activate the site plan committee. The committee consists of myself, Mr. Clayton and Mrs. DeSarno. This will be our first official act. Mr. Addonizio seconded the motion, which was unanimously approved.
Attorney Hirsch announced the annual report will be done soon. We can take this opportunity to make recommendations to the Township Committee and Planning Board.
Mr. Addonizio said the pre-existing businesses do whatever they want regarding signs. A letter needs to be sent to these businesses to clean up their sites.
There being no further business to come before the Board, a motion was made, seconded, and unanimously approved to adjourn the meeting.
Respectfully submitted,
Betty Schinestuhl
Recording Secretary