ZONING BOARD OF ADJUSTMENT
MINUTES OF THE REGULAR MEETING
JANUARY 15, 2003
The Regular
Meeting of the Wall Township Board of Adjustment was called to order by
Chairman Clayton at 8:08 P.M. Members present
were Chairman Clayton, Vice Chairman DeSarno, Wilma Morrissey, Ralph Addonizio,
Dominick Cinelli, Anthony Rembiszewski, James Gray, first alternate Robert
Kerr, second alternate Wayne Palmer, Attorney Hirsch, Recording Secretary Betty
Schinestuhl, Planning Coordinator Roberta Lang, Engineer Glenn Gerken and
Reporter Arnone.
SALUTE TO THE FLAG
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.
Mr. Cinelli
nominated Michael Clayton as Chairman and Mary DeSarno as Vice Chairman. Mrs. Morrissey seconded the motion. The secretary cast one vote.
Attorney Hirsch
read the resolution appointing Roberta Lang as Board of Adjustment Secretary
for the year. Mr. Addonizio moved to
adopt the resolution. Mr. Rembiszewski
seconded the motion which was unanimously approved.
Attorney Hirsch
read the resolution appointing Betty Schinestuhl as Board of Adjustment
Recording Secretary for the year. Mrs.
Morrissey moved to adopt the resolution.
Mrs. DeSarno seconded the motion which was unanimously approved.
Attorney Hirsch
read the resolution appointing Thomas Hirsch as Board of Adjustment Attorney
for the year. Mrs. DeSarno moved to
adopt the resolution. Mrs. Morrissey
seconded the motion which was unanimously approved.
Attorney Hirsch
read the resolution appointing Glenn Gerken, Schoor DePalma, as Board of
Adjustment Engineer for the year. Mr.
Cinelli moved to adopt the resolution.
Mr. Rembiszewski seconded the motion which was unanimously approved.
Attorney Hirsch
read the resolution appointing John Hoffmann as the Board of Adjustment Planner
for the year. Mr. Cinelli moved to
adopt the resolution. Mr. Rembiszewski
seconded the motion which was unanimously approved.
Attorney Hirsch
read the resolution appointing John Maczuga, Schoor DePalma, as the Board of
Adjustment Special Planner for the year.
Mrs. Morrissey moved to adopt the resolution. 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. Rembiszewski seconded
the motion which was unanimously approved.
January 15, 2003 Page
2
Attorney Hirsch
read the resolution for the Open Public Meetings Act with the meeting dates for
the 2003 hearings. Chairman Clayton said
to eliminate the July 2, 2003 meeting and the August 20, 2003 meeting. Mrs. DeSarno made a motion to adopt the
resolution as amended. Mr. Rembiszewski
seconded the motion which was unanimously approved.
Chairman Clayton
welcomed the two new members, Robert Kerr and Wayne Palmer.
CASE #BA34-2002
Date application
complete: November 13, 2002
APPLICANT: SEBA HOSPITALITY, LLC
PROPERTY: 1909 Highway 35, Block 271, Lot 29,
HB-80 zone
RELIEF
REQUESTED: Bulk/Use/Site
Attorney Hirsch
reviewed the file and stated the Board had jurisdiction to proceed.
Steven A.
Pardes, Esq. appeared for the applicant.
Attorney Pardes
stated this is an existing motel. The
applicant is proposing some minor modifications. They are proposing to enclose the corridors to the guest rooms. He said there will be no changes made to the
parking lot.
Sworn by Reporter
Arnone: Britesh Joshi
Mr. Joshi said
the property is located at 1909 Highway 35, Wall. It is the Comfort Inn.
The Comfort Inn is owned by SEBA.
Mr. Joshi said he is the managing member.
Attorney Pardes
asked if Mr. Joshi was familiar with the proposed application. Mr. Joshi said yes. Mr. Joshi explained they are proposing to
enclose the corridors to the guest rooms.
He said in the winter it is horrible for the guests. He said they have to have an indoor corridor
as per SEBA.
Attorney Pardes
said it is also being done for safety reasons.
Mr. Joshi said yes.
Attorney Pardes
said this will be an esthetic project.
Mr. Joshi said yes.
Attorney Pardes
said was a possibility of changing the parking lot. Mr. Joshi said they are not going to change the parking lot.
Attorney Pardes
asked what the function was of wing E.
Mr. Joshi said they are proposing to make it look like an entrance to
the motel. There will be a seating area
for the guests and an office area.
Attorney Pardes
asked if some of that area will be partitioned, Mr. Joshi said yes.
January 15, 2003 Page
3
Attorney Pardes
asked what is being proposed for the front of wing E. Mr. Joshi said they are proposing to make it better for the
guests. They are proposing a seating
area.
Attorney Pardes
addressed the review letter from Mr. Gerken dated January 13, 2003. Attorney Pardes said the benefits are the
esthetics and the improved safety of the guests. Attorney Pardes asked if there would be an increase in the number
of rooms. Mr. Joshi said no. Attorney Pardes asked if there would be a
change in the pool area or the dining room.
Mr. Joshi said no.
Attorney Pardes
asked if the side yard is staying the way it is now. Mr. Joshi said yes.
Attorney Pardes
asked if the 34.4 buffer will be reduced.
Mr. Joshi said no.
Attorney Pardes
said the building is flat in front and there is a paved area that the applicant
would like to add a little to. The
increase would be 300 s.f.
Mr. Gerken said
the steps are open now so they are not part of the building when closed they
become part of the building. He said
that is why there is an increase in building coverage.
Entered into
evidence:
A-1 INNO9 plan of Wing E
Attorney Pardes
explained where the additional paving will be.
Attorney Hirsch
said they are enclosing a portion of the structure that already exists. It may also result in a variance for
building coverage and impervious coverage.
He said the Board needs to know what the coverage is. Mr. Gerken said they are not doing what is
on the submitted plan. Attorney Hirsch
said if this is approved it would be a condition that a revised plan be
submitted.
Attorney Pardes
said the parking area is already there and the applicant is not proposing a
change.
Attorney Pardes
went over the engineers review letter.
Attorney Pardes said they would submit a survey of the property as it
exists without the changes. He said the
applicant has to keep the one way circulation of the traveled area. Attorney Pardes explained there will not be
a significant change to the drainage on site.
There will be no increase in roof area.
There will be no change in the way the water drains. Attorney Pardes said they will get all
outside approvals.
Attorney Pardes
went over the planners review letter.
He said the variances requested were already addressed. The parking spaces are not being
changed. The color will be the same as
the existing building. He said they
will comply with the review letter.
Attorney Pardes
said he is not familiar with Mount Laurel contributions. Attorney Hirsch said that is only if applicable.
January 15, 2003 Page
4
Entered into
evidence:
A-2 Partial site plan dated August 15, 2002
Mrs. DeSarno
said the Environmental Advisory Committee would like to see some additional
landscaping on that side. Mr. Joshi
agreed.
Mrs. Morrissey
asked if the applicant would be putting additional landscaping under the
steps. Mr. Joshi said yes.
Mrs. Morrissey
asked if that was plywood over the stucco and concrete. Mr. Joshi said they are closing the stairs
with concrete blocks. Mrs. Morrissey
suggested as much landscaping as possible.
Mr. Rembiszewski
asked how long Comfort Inn has been there.
Mr. Joshi said SEBA has owned it since June 2001 before that the owner
owned it for 15 years.
Mr. Rembiszewski
asked if SEBA just now asked for the enclosing of the stairway. Mr. Joshi
said they were asking the ex-owner. He
said that was the first thing they asked for when we came in. Attorney Pardes said if this is not done CI
will take the name away.
Mr. Rembiszewski
said the site is in need of a lot of work.
Mrs. DeSarno
said the plan has arrows going around the building. Attorney Pardes said traffic heads toward the back of the
property. There is a mistake on the
plan.
Mr. Addonizio
said he would like to see additional landscaping in the front of the
building. He said he would like to see
a considerable amount of plantings in front of the establishment. Mr. Joshi agreed. Attorney Hirsch said submitting a landscape plan would be a
condition of approval.
Mr. Addonizio
asked Mr. Gerken if the signs conform to ordinance. Mr. Gerken said 150 s.f. is permitted. Mr. Addonizio said they may be close. Attorney Pardes said no new signage is proposed.
Mrs. Morrissey
asked about the fire alarm system.
Attorney Pardes said that will be taken care of. Mr. Palmer asked when. Attorney Pardes said when construction begins.
The application
was open and closed to the public.
Mr. Rembiszewski
moved to approve the application for use.
Mr. Cinelli seconded the motion, which was unanimously approved by a
roll call vote. (Messrs. Rembiszewski,
Cinelli, Addonizio, Mrs. Morrissey, Mr. Gray, Mrs. DeSarno and Mr. Clayton
voted yes.)
Mr. Rembiszewski
made a motion to approve the application for site plan subject to all plans
January 15, 2003 Page
5
being submitted. Mr. Cinelli seconded the motion with the
following conditions an amended plan must be submitted. The applicant must comply with the Engineer
and Planners review letter. The
applicant must submit a colored rendering of the enclosure to the Board
Engineer for approval. A landscape plan
be submitted to outline the additional landscaping that is to be done subject
to approval by Board Engineer. Impervious
and building coverage must be determined by the applicant. Mr. Gray also added that the applicant
submit the signage package so there is no additional signs. The motion was unanimously approved by a
roll call vote. (Messrs. Rembiszewski,
Cinelli, Addonizio, Mrs. Morrissey, Mr. Gray, Mrs. DeSarno and Mr. Clayton
voted yes.)
CASE #BA36-2002 Date application complete: November 25,
2002
APPLICANT: MARTHA M. AND MARK J. BRANAGAN
PROOPERTY: 1410 Stanley Drive, Block 214, Lot 8,
R-20 zone
RELIEF REQUESTED: Bulk variance
Attorney Hirsch
went over the notice. He said the
notice in the paper is sufficient. It
gives enough information to the public.
He said he has the notice for the 200.
He asked if the letter he had was the letter sent to the property owners
within 200. He said it does not tell
time and place of meeting. Mr. Branagan
said that was just the cover letter.
Attorney Hirsch reviewed the letter.
Attorney Hirsch
reviewed the file and stated the Board had jurisdiction to proceed.
Sworn by
Reporter Arnone: Mark
Branagan
Martha
Branagan
Mr. Branagan
stated he is proposing to add a room on for his father. He said a bedroom and bath is needed for his
father.
Chairman Clayton
asked if a bedroom and bathroom were being added and no eating quarters. Mr. Branagan said no eating quarters.
Mr. Cinelli
asked what the additional s.f. is. Mr.
Branagan said it is 16 X 20.
Mr. Cinelli
asked if it is being added onto the first floor. Mr. Branagan said yes.
Mr. Cinelli
asked about the entrance. Mr. Branagan
said there will be an entrance from the kitchen.
Attorney Hirsch
asked what variances are being requested.
Mr. Branagan said he is on a corner lot and has three front yards. He said on the north side where they are
proposing the addition the setback required is 30 and 5 6 is being
proposed.
Chairman Clayton
asked if the siding was going to match.
Mr. Branagan said yes.
January 15, 2003 Page
6
Mrs. Morrissey
asked why the addition could not be put on the east side. Mr. Gerken said it can be moved around. Mr. Branagan said all the existing bedrooms
are on the opposite side of the house.
He said he has children and it would be quieter for his father if his
room was on the opposite side.
Mrs. Morrissey
said there is a pool in the yard and she asked what the size of the deck is. Mr. Branagan said it is 21 X 15.
Mr. Cinelli
asked if Mr. Branagan was planning a new deck.
Mr. Branagan said no. He said
the plans show a deck but they decided not to replace the existing one.
Mr. Cinelli
asked if the addition would be just a bedroom and bath. Mr. Branagan said yes.
Attorney Hirsch
asked what was on the property next door.
Mr. Branagan said a house.
Attorney Hirsch asked how far that house from your property line is. Mr. Branagan said about 35 45. Attorney Hirsch asked how far that house
sets back from Alicia Drive. Mr. Branagan
said the same as his.
Mrs. DeSarno
asked what landscaping was planned. Mr.
Branagan said he just had some done last year on the Alicia Drive side. He said he is going to have a flower bed and
some plants which will extend around the corner. He will also add some bushes.
Mrs. DeSarno
said she suggests some pine trees. Mr. Branagan
said he has some trees on the northeast corner and a very large pine tree in
the side yard where the addition is being proposed.
Mrs. DeSarno
asked if there was a fence in the rear of the property. Mr. Branagan yes with some plantings around
it.
Mrs. Morrissey
asked Mr. Gerken if there were any grading concerns on the side of the proposed
addition. Mr. Gerken said no.
Mrs. Morrissey
asked Mr. Gerken if the addition was moved to the other side would any
variances be needed. Mr. Gerken said if
it was moved to the southwest side no bulk variance would be needed.
The applicant
was open to the public.
Robert Lederman,
1316 Alicia Drive, said Mr. Branagan is asking for a variance for 6. He said the map says 25. Mr. Branagan said it would be 24 not
25. He agreed to the 6 variance.
Robert Lederman,
1316 Alicia Drive, was sworn. Mr.
Lederman said his lot faces the proposed addition. He has lived there for 30 years.
He said the original setback was 40, and then they went to 30. He said he drove down Alicia Drive and the
lots have larger setbacks. He said his
setback is larger. He said all the
houses are setback 30+. He said
drivers will have a problem looking toward Alicia Drive. He said the addition will be close to the
curb.
January 15, 2003 Page
7
Entered into
evidence:
O-1 Photo of neighborhood
O-2 Photo of neighborhood
O-3 Photo of neighborhood
O-4 Photo of neighborhood
O-5 Hand drawn map showing other lots
Mr. Lederman
said this will change the appearance of the neighborhood.
Chairman Clayton
asked Mr. Lederman if he took notice of any other corner lots. Mr. Lederman said yes. He said they all have wider setbacks. He said they are all setback 45 50. He said it is going to change the look going
down the street. He said he opposes
this application.
Richard Ryan,
1415 Erma Stanley Drive, was sworn. He
said his home sits 70 back from the curb.
His neighbor sets back 70 from the curb. He said the neighbor on the other side sets back 70 from the
curb. He said the Branagans have done
a marvelous job putting in shrubs. He
said he has no objection to them doing what they are doing. He said this is not running the property
into the ground. He said it is an
improvement to the neighborhood and the family.
The application
was closed to the public.
Mr. Gray asked
why Mr. Branagan did not consider putting the addition in the back. Mr. Branagan said he just thought it would
look better on the side and he did not want to loose any of his yard.
Mr. Gray asked
how much foundation will be showing.
Mr. Branagan said he would put dirt on the outside to cover the
foundation. He said he would also add
some shrubs. Mr. Lederman said he did
not think that would work. Mr. Gray
suggested not adding dirt just put in some shrubs. Mr. Branagan said if you came out of Erma Stanley Drive there are
a number of trees on my property and you cant see it anyway. He said they want the house to look
presentable. He said he is going to do
the right thing.
Mr. Addonizio
moved to approve the application subject to extensive landscaping around the
addition and additional shrubs along the foundation. The applicant must submit a proposal as to type, size and number
of plantings to be reviewed by the Board Planner. Mr. Rembiszewski seconded the motion, which was approved by a
roll call vote. (Messrs. Addonizio,
Rembiszewski, Cinelli, Gray and Clayton voted yes. Mesdames Morrissey and DeSarno voted no.)
CASE#BA37-2002 Date application complete: December 2,
2002
APPLICANT: CHARLES AND JOSEPHINE LECHNER
Property: 1411 Cortland Drive, Block 811.07, Lot
22, ML-25 zone
RELIEF REQUESTED: Bulk variance
January 15, 2003 Page
8
Attorney Hirsch
reviewed the file and stated the Board had jurisdiction to proceed.
Nancy Wright,
Esq. appeared for the applicant.
Sworn by
Reporter Arnone: Paul
Amelchenko, Architect
Charles
Lechner
Joseph
Lechner
John
Gross
Mr. Amelchenko
gave his credentials which were accepted by the Board.
Attorney Wright
described the plans for the pool house.
The applicant is proposing a 380 s.f. pool house. There will be a bathroom, bar, changing area
and a room that is 16 X 14. There
will be windows and French doors. The
building will be 9 high to the roof line.
Two-thirds of the roof will extend an additional 3 for a total of
approximately 12. That complies with
the ordinance. The pool house will be
10 off the east side yard. It will be
55 60 from the neighboring home. It
will be approximately 25 from the rear of the property.
Mr. Cinelli
asked how far it will be from the home in the rear. Mr. Amelchenko said about 135.
Attorney Wright
asked Mr. Amelchenko if he reviewed the report from Mr. Gerken dated January 8,
2003. Mr. Amelchenko said yes and went
over the letter. Mr. Amelchenko said they
have submitted a copy of the survey.
Entered into
evidence:
A-1 Survey
A-2 Colored rendering of site and pool house
Mr. Amelchenko
said the landscaping on the plan is existing.
He said the side was devoid of any landscaping except along the westerly
property line. He said over the past
nine months the applicant has installed major screening trees between
themselves and their neighbors.
Entered into
evidence:
A-3 Board of photos
Mr. Amelchenko
said they will plant arvervidis on the east and west side. They will plant three 18 Blue Atlas Cedars
on the east side. There will be
additional screening on the side where the pool house will be located.
Entered into
evidence:
A-4 Photo showing screening and size of trees
January 15, 2003 Page
9
Attorney Wright
asked what the height of the cabana will be compared to the height of the
veranda. Mr. Amelchenko said the roof
of the pool house will be above the roof of the veranda.
Attorney Wright
asked about the grading plan. Mr.
Amelchenko said he will submit the grading plan.
Mr. Cinelli said
the Board has heard about the existing landscaping, is there any additional
being proposed. Mr. Amelchenko said
they will plant sod and ground plantings.
Mr. Cinelli asked
if the properties to the east and west will be able to see the pool house. Mr. Amelchenko said they would have to walk
up and look for it. Mr. Cinelli asked
what about the property to the south.
Mr. Amelchenko said there is some natural growth between the properties. He said once the trees are in bloom the pool
house will not be able to be seen.
Mr. Cinelli
asked if the peak is 14 in the middle.
Mr. Amelchenko said that would be maximum height.
Mrs. Morrissey
asked if there was a fence around the property. Mr. Amelchenko said there is a fence that is 6 high. It is pre-existing. It is a chain link fence. He said it separates the drainage easement
from the property. He said it will
remain in tact.
The application
was open to the public.
Vic Nigro, 1410
Winesap, asked if there would be a change in elevation. He asked how much has the property been
graded up with the addition of the patio.
He said the entire property has been raised already. Mr. Amelchenko said basically what has been
done is create some hills in the back.
He said behind the pool there was a hill created for a water slide. He said some additional fill was brought in
to fill in the original grade at the fence about 20 from the drainage
easement. He said the grade was brought
back sharply. Some boulders were brought
in to hold it back. He said it still
has the same run off.
Mr. Nigro asked
how far the pond is from the back of the property. Mr. Amelchenko said about 20.
Mr. Nigro said
this pool house is going to be 15 higher than the original elevation of the
property. He said the original grade of
the property was much lower. He also
stated the square footage does not meet the dimensions. Mr. Amelchenko said they went over the
dimensions.
Mr. Nigro asked
if there were other structures on the property. Mr. Amelchenko said no.
Mr. Addonizio
asked Mr. Gerken if a permit was needed if you raised the grade of the land 2
or more. Mr. Gerken said when the pool
and water slide were put in it should have been included in those permits.
Mr. Nigro said a
180 s.f. pool house is permitted and you are proposing a 380 s.f. pool
house. That ordinance was recently
revised to add more square footage.
January 15, 2003 Page
10
Mr. Nigro said
this is a sensitive area. He asked if
there has been a study done regarding the change in elevation. He said when that water backs up it goes
onto his property. Mr. Amelchenko said
the amount of run off has not been increased.
He said the run off is coming off in an easterly location instead of a
westerly location.
Mr. Nigro said
the water that runs through the ground backs up naturally now. He said if the flow is changed it will have
no where to go but onto his property.
Mr. Amelchenko
said Mr. Gerken has required a drainage plan.
He said he would also provide a grading plan showing what has been done
in the back of the property.
Mr. Cinelli
asked if the pool house was going to have heat and air conditioning. Mr. Amelchenko said yes.
Mr. Cinelli said
it should be deed restricted stating it remains a pool house. Mr. Amelchenko agreed.
Mr. Gray said he
would like to see buffering at the rear of the pool house. Mr. Amelchenko said he respectfully declines
that suggestion because it would block the sun.
Mr. Cinelli said
it would help the neighbors in the rear to plant some type of white pines to
build up the berm. Mr. Amelchenko said
hollys will be planted.
Vic Nigro, 1410
Winesap, was sworn. Mr. Nigro said when
he moved into the neighborhood the properties were heavily wooded and he has
left his property alone. He said the
woods on the Lechners property have been stripped. He said he can see their house now. He said now he will see a pool house. He said the site is going to detract from his property. He said other things come into play, such as,
lighting, noise, etc. He said his
biggest concern is the water. He said
all of the water from the neighborhood goes through that easement. He said the easement is creeping up onto his
property. He said the pool house is out
of place. He said it is too large for
the size of lot. He asked for some sort
of compromise on the size of the pool house.
He said if he took down some trees on his property he would be able to
see everything in their yard.
Chairman Clayton
asked how wide the easement was. Mr.
Nigro said a few feet.
Mr. Amelchenko
said some of the trees were taken down because of the pool. Mr. Lechner said some trees were
replaced. He said there is no room to
put in more trees. He said the whole
perimeter is trees.
Mrs. Morrissey
asked Mr. Gerken if he saw a run off problem.
Mr. Gerken said he has not visited the property.
Bob Cavan,
Winesap, was sworn. Mr. Cavan is
concerned about the drainage. He said
he would like the township to go and look at the easement. He does not think it was ever opened at the
other end. Attorney Wright said a
grading plan is being required. The
applicant has agreed to that and he will work with the township.
January 15, 2003 Page
11
Mr. Cinelli
asked what the premise is of building a 380 s.f. pool house. Mr. Amelchenko said there will be a bathroom,
changing room and a common area. He
said it is smaller than a two car garage.
Mr. Cinelli
asked what will the back of the pool house look like. Mr. Amelchenko said it will look just like the front.
Mr. Gray made a
motion to deny the application. He said
it is twice what the ordinance allows.
Mr. Cinelli seconded the motion.
Mr. Addonizio
said he has some concerns about the size.
He said there is going to be heat in the pool house and he does not want
it to become living quarters.
Attorney Wright
asked if it would be possible to amend the application.
Attorney Hirsch
said the application can be amended and carried. The Board decided to carry this application.
Chairman Clayton
said the application will be carried to February 5, 2003.
Attorney Hirsch
said the revised plans should be filed 10 days before the meeting. No further noticing is required.
There being no
further business to come before the Board, a motion was made, seconded, and
unanimously approved to adjourn the meeting at 11:05 P.M.
Respectfully
submitted,
Betty Schinestuhl
Recording
Secretary