ZONING BOARD OF ADJUSTMENT
MINUTES OF THE REGULAR MEET
HELD IN THE MUNICIPAL MEETING ROOM
FEBRUARY 7, 2001
The Regular Meeting of the Wall Township Board of Adjustment was called to order by Chairman Noorigian at 8:15 P.M. Members present were Chairman Noorigian, Michael Clayton, Thomas Grasso, Ralph Addonizio, Dominick Cinelli, Anthony Rembiszewski, first alternate Mark Brosnan, second alternate Wilma Morrissey, Attorney Thomas Hirsch, Recording Secretary Betty Schinestuhl, Acting Planning Coordinator 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 announced Martin Road Developers – BA#45-2000 will be carried to February 21, 2001.
Chairman Noorigian announced Paul Peaff – BA#28-2000 application has been withdrawn.
Mr. Brosnan excused himself on the Carlton Care application.
EXTENSIONS.
A. CARLTON CARE. – BA#2-2001. Block 874, Lot 4. Zone OP-10. 1511 Holly Blvd. Request for one year extension of use variance and site plan approval previously granted in Resolution dated January 20, 1999.
Attorney Middleton said this is a straight forward application for an extension of time. This Board has the discretion to grant. There were improvements that needed to be done. The project should start with the next six to nine months. It is a great ratable. There will be no impact on the neighborhood. There will be no traffic impact. This is a simple project.
Mr. Grass moved to approve the application for an extension of time with a statement. Mr. Grasso believes the project would be of far less impact on the area. Traffic, drainage in this area is a major problem for the applicant. Mr. Clayton seconded the motion, which was approved by a roll call vote. (Messrs. Grasso, Clayton, Cinelli, Noorigian voted yes. Messrs. Addonizio, Rembiszewski and Mrs. Morrissey voted no.) There are four yeas and three nays. The resolution will be read at the next meeting.
Mr. Grasso asked Attorney Hirsch to give an update on McDowell Mining application. Attorney Hirsch stated the Board denied the McDowell Mining application. They appealed the decision. Supreme Court denied certification.
Attorney Hirsch gave an update on the Meridian lawsuit. Appeal was filed by Meridian a few days ago. My brief is due within days. 30 days after that is the hearing.
Chairman Noorigian and Mrs. Morrissey excused themselves on the next application. Vice Chairman Clayton chaired the meeting.
CASE #BA#10-1998: Date application complete: March 31, 1998. Carried from May 20, 1998, August 5, 1998, November 4, 1998, January 6, 1999, March 3, 1999, March 19, 1999, July 21, 1999, November 3, 1999, February 2, 2000, May 3, 2000, May 31, 2000, June 7, 2000, September 6, 2000, October 4, 2000 and December 13, 2000.
APPLICANT: SUNNYSIDE MANOR, INC.
PROPERTY: 30 Ramshorn Drive and Lakewood Road, Block 819, Lot 16, Zone R-30
RELIEF REQUESTED: Bulk and use variances requested along with site plan approval in order to expand an existing nursing and personal care facility to include assisted living units.
Attorney Hirsch reviewed the file and stated that the Board had jurisdiction to proceed.
Michael Landis, Esq. appeared for the applicant.
Mr. Montenegro asked Mr. Keane about delivery times and how long they are on the site. Mr. Keane said he has submitted a schedule of deliveries and he did not time the deliveries.
Mr. Montenegro asked, how many vendors do you have? Mr. Keane stated about 17.
Mr. Montenegro asked, how many deliveries a week? Mr. Keane answered around 21 – 22. All deliveries are included in that. Mr. Montenegro said that is 103 deliveries a month. Mr. Keane said yes. Mr. Montenegro said 117 minutes of delivery time. Mr. Keane said approximately 150 minutes. About 10½ hours.
Mr. Montenegro asked how long is the longest delivery. Mr. Keane answered approximately 25 minutes.
Mr. Montenegro asked if the delivery chart was complete. Mr. Keane said to the best of his knowledge.
Mr. Montenegro said he has seen a PLM truck. It is not on the list. Mr. Keane said they are not under contract with Sunnyside.
Mr. Montenegro asked what goes on in the lower garage. Mr. Keane answered, food service delivery, some loading, etc.
Mr. Montenegro said on December 1 PLM was there for at least two hours. Mr. Keane said they showed up early and they were told to leave.
Mr. Montenegro asked why were they there for over two hours. Mr. Keane said he had a letter from them saying it would never happen again.
Mr. Montenegro asked if the letter was prior to December 1. Mr. Keane said he did not have the letter with him.
Mr. Montenegro asked if Mr. Keane was able to control the deliveries. Mr. Keane said he does the best he can. They delivery early. He stated he has changed vendors. We also do laundry in house.
Mr. Montenegro said he has sent 27 letters to Mr. Landis notifying him of the delivery problems. Mr. Keane said not to write letters to call right away.
Mr. Montenegro asked if Mr. Keane was ever on site to supervise the deliveries. Mr. Keane said he cannot be there 24 hours a day. Mr. Keane stated when a delivery comes early they try to address the problem.
Mr. Montenegro addressed the parking chart. He stated there are over 48 units now. Mr. Keane said there is a total of 70 beds. Mr. Montenegro asked how many units. Mr. Keane said 48 total rooms.
Mr. Montenegro asked if they are planning an additional 59 units. Mr. Keane said they will all be assisted living. Mr. Montenegro asked how many assisted living now. Mr. Keane said 14 – 15.
Mr. Montenegro said for the 48 units you have 41 parking spaces. You are adding 59 units for a total of 107 units and only 59 parking spaces. That is only 8 additional parking spaces. Mr. Keane said there will be 18 more spaces.
Mr. Montenegro said there are 50 employees on site. Mr. Keane said yes but not 50 cars.
Mr. Addonizio said Mr. Keane’s testimony is different from the last time. He never mentioned any parking for the assisted living. Mr. Keane said there was a change. Mr. Addonizio asked if the people changed. Mr. Keane said they are the same people.
Mr. Montenegro asked how many dumpsters were on site. Mr. Keane said one for garbage, one for paper and one plastic garbage can for recyclables.
Mr. Montenegro asked how many collections do you have. Mr. Kane said three garbage and one recycling.
Mr. Montenegro asked what will be added if the application is approved. Mr. Keane said they are not expecting any increase, maybe a larger dumpster.
Mr. Montenegro asked if they were adding any dumpsters. Mr. Keane said he did not think so, they may have to get a compactor.
Mr. Grasso said we are being repetitious and cumulative. We have heard these issues. We have to move on.
Mr. Addonizio said at the October 4th meeting Mr. Keane stated there would be one garbage dumpster, 8 yards. Mr. Keane said the dumpster is 5 yards. A larger dumpster may be needed.
Mr. Montenegro asked about the in house laundry. Mr. Keane said they have two 65 lb. washers and two dryers. Mr. Montenegro asked about employees doing the laundry. Mr. Keane said housekeeping does the laundry.
Mr. Montenegro asked about the venting of the laundry area. Mr. Keane said they are located on the top of the building to the east. There are two vents, one for the dryer and one for the exhaust.
Mr. Montenegro asked what licenses were obtained. Mr. Keane said he got a building permit from the town.
Mr. Montenegro asked how much laundry is done. Mr. Keane said 8 hours a day, 5 days a week.
Mr. Montenegro had no other questions.
9:25 P.M. the Board recessed.
9:35 P. M. the meeting resumed.
Mr. Clayton asked if there was any questions from the public.
Mr. David Harpell, 2417 Ramshorn Drive, said despite doubling the size of the building how will that not lead to an increase in deliveries or a parking problem. Mr. Keane said there will be the same amount of deliveries after the addition. There will be more product on the same truck. Mr. Keane then stated the nursing home was opened in 1917 and expanded in 1963.
Attorney Middleton called Mrs. McWilliams of Autumn Drive to testify. Mrs. McWilliams purchased her home November 3. They purchased the home for $649,000. They are directly behind the facility. Mrs. McWilliams said they were never told by the real estate agent or former owner of the proposed expansion. Mrs. McWilliams testified to very loud deliveries and dumpsters. She said it is very noisy. Mrs. McWilliams said she became aware of the expansion through a flier that was distributed. Mrs. McWilliams is upset about an additional 25 air conditioners, 140 windows, etc.
Attorney Landis asked Mrs. McWilliams when she bought her home. Mrs. McWilliams said 11/02/00. She stated she paid $648,000.
Mr. Landis asked if she visited the neighborhood. Mrs. McWilliams said she lived in the neighborhood for ten years. She stated she never anticipated Sunnyside putting an addition on.
Attorney Landis asked if Mrs. McWilliams went to the Land Use or Building Department to look at the plans. Mrs. McWilliams said no.
Attorney Landis asked if she had known about the addition would she have bought her home. Mrs. McWilliams said no. Mrs. McWilliams stated she was never told about the addition by the previous owners or by the realtor.
Attorney Hirsch asked how many times she visited the home before she bought it. Mrs. McWilliams said three or four times.
Mr. Brosnan asked what she thought of Sunnyside when she first saw it. Mrs. McWilliams said it looked like a very old Victorian house. Mr. Brosnan asked how much of Sunnyside can she see from her location. Mrs. McWilliams said they can see quite a bit. About 70%. She stated she can see the dumpster. Mrs. McWilliams said Sunnyside is elevated. She can see clearly when there is anything going on.
Mr. Montenegro asked Mrs. McWilliams if her home is much lower than Sunnyside. Mrs. McWilliams said yes.
Mr. Montenegro asked if Mrs. McWilliams put up her property for sale would she tell the prospective buyer. Mrs. McWilliams said yes.
Sandra Barre, 1610 Bass Point Road, asked if Mrs. McWilliams knew the number of times vendors or garbage trucks were at Sunnyside. Mrs. McWilliams said she did not write it down. She said they are there all hours of the day. Ms. Barre asked if she knew who sent out the fliers. Mrs. McWilliams said no.
Attorney Middletown called his next witness.
Charles Cawley, 2508 Autumn Drive. Attorney Middletown asked Mr. Cawley how long he has lived on Autumn Drive. Mr. Cawley said he purchased his house 8/15/00.
Attorney Middletown asked where his house was located. Mr. Cawley said he is the third house on the left, at the rear of the Sunnyside building.
Attorney Middletown asked if he was award of this application. Mr. Cawley answered, no.
Attorney Middletown asked when did he become first aware. Mr. Cawley said one of his neighbors told him in August, 2000.
Attorney Middletown asked Mr. Cawley to describe to the Board any observations he may have had. Mr. Cawley said he can hear the employees throughout the day. He can hear the garbage trucks when they pick up the garbage. He said he can hear them early in the morning, as early as 7:00 A.M., when he is getting ready to leave. It is quite noisy.
Attorney Middletown asked Mr. Cawley if there was anything else that effects him. Mr. Cawley said the neighborhood is very dark. There are no street lights. There are lights on at Sunnyside all night long.
Attorney Middletown asked if the additional parking in the rear concerns him. Mr. Cawley said yes. Mr. Cawley said the noise, lighting, parking, etc. concerns him. It is a residential neighborhood.
Attorney Middleton asked Mr. Cawley if he would have bought his home if he knew about this application. Mr. Cawley said no.
Mr. Grasso asked Mr. Cawley what he planned to do to eliminate some of his concerns. Mr. Cawley said through this process.
Attorney Landis asked Mr. Cawley when did he purchase his home. Mr. Cawley said 8/15/00. The cost was $729,000.
Attorney Landis asked how much of the addition would Mr. Cawley see. Mr. Cawley said he is not sure.
Mr. Cawley stated you are not aware of the problems until you live there and deal with them on a daily basis.
Attorney Landis asked if Mr. Cawley would have purchased his home if he knew about this application. Mr. Cawley said no he would have looked elsewhere.
Attorney Landis asked if the property was for sale. Mr. Cawley said no.
Attorney Middleton asked if he was concerned about the problems only getting worse. Mr. Cawley said yes.
Attorney Hirsch asked if he received a disclosure statement from the realtor. Mr. Cawley said no.
Sandra Barre asked Mr. Cawley if he was told about the application by the realtor. Mr. Cawley said the realtor did not disclose anything about this application to me.
Mrs. Barre asked Mr. Cawley if has made any complaints to Mr. Keane. Mr. Cawley said no.
Mr. Montenegro asked if Mr. Cawley felt this was his opportunity to express his concerns. Mr. Cawley said yes.
Attorney Middleton called his next witness.
Dean Mullin, 2504 Autumn Drive.
Attorney Middleton asked Mr. Mullin when he purchased his home. Mr. Mullin said 3/13/99.
Attorney Middleton asked if Mr. Mullin’s yard backs up to the rear yard of Sunnyside. Mr. Mullin said yes.
Mr. Mullin said he was made aware that Sunnyside wanted to expand. He was under the impression the application was not going to be approved. He stated he had no idea about the size of the addition.
Attorney Middleton asked if Mr. Mullin had any observations. Mr. Mullin said there is a lot of noise and the lighting. He stated he is also concerned about the size of the trucks going into Sunnyside. Mr. Mullin said he has heard the trucks as early as 6:30 A.M.
Attorney Middleton asked how close Mr. Mullin’s yard from the driveway. Mr. Mullin said about 30’. Mr. Mullin said he is concerned about the trucks being able to stop. He is concerned the trucks may end up in his pool.
Mr. Mullin stated he also has a problem with 25 additional air conditioners. He said when 25 air conditioners go on at the same time it will cause a problem with a power surge.
Mr. Mullin also stated he is concerned about the larger loading dock being closer to his property. The trucks continue to run while they are delivering. Mr. Mullin said there will be additional parking within 9 – 10 feet of his property line.
Attorney Middleton asked if the size of the structure concerned Mr. Mullin. He said yes.
Attorney Middleton asked if the additional truck traffic concerned Mr. Mullin. He said yes.
Attorney Middleton asked if that was one of his biggest concerns. Mr. Mullin said yes because it is closest to my property. You can hear the brakes squeal.
Mr. Mullin said he believes his area does not need this type of facility. Everyone has heard the sale price of the homes. Mr. Mullin feels this facility will lower his property value. He stated he has a hard time making any improvements to his property.
Mr. Brosnan asked if Mr. Mullin notified Mr. Keane of any of the problems. Mr. Mullin said no. Mr. Mullin said he felt that this addition to the facility would be like putting the Hilton in your back yard.
Mr. Grasso asked Mr. Mullin if he knew of the facility before he purchased his home. Mr. Mullin said yes, as it exits.
Mr. Grasso asked Mr. Mullin about the delivery trucks. Mr. Mullin said the property slopes toward his property. The trucks are at the end of the property. There is a 6’ drop.
Mr. Grasso asked if the tractor trailers faced Mr. Mullin’s property. Mr. Mullin said the back of the truck faces my property. Mr. Grasso asked if Mr. Mullin felt that one of the trucks could come onto his property. Mr. Mullin said yes. Mr. Grasso asked if there was anything that would stop a truck from coming onto Mr. Mullin’s property. Mr. Mullin said there is a 4½’ fence. That would not stop a tractor trailer.
Mr. Brosnan asked about the parking area that is adjacent to Mr. Mullin’s property, would the storm water run off onto Mr. Mullin’s property. Mr. Gerken said the loading area drains down. There is a catch basin provided to Lakewood Road.
Mr. Brosnan asked what the impact would be on Mr. Mullin’s property. Mr. Gerken said there would not be any run off going toward him.
Sandra Barre, asked Mr. Mullin if he received a flyer regarding Sunnyside. Mr. Mullin said yes. He received it today. She asked if he used any of the information from the flyer this evening. Mr. Mullin said no. Ms. Barre asked if he knew who circulated the flyer. Mr. Mullin said no. Attorney Hirsch said that is not relevant. Who prepared the flyer and why is not relevant. Ms. Barre asked if he knew Attorney Middleton. Mr. Mullin said he is his neighbor.
Attorney Landis asked Mr. Mullin if he has seen the plans for the addition to Sunnyside. Mr. Mullin said just the ones that were on the table this evening.
Attorney Landis asked if the addition was approved would Mr. Mullin be able to see it from his home. Mr. Mullin said yes.
Attorney Landis asked when Mr. Mullin bought his home. Mr. Mullin said 1999. The cost was $530,000.
Attorney Hirsch asked Attorney Middleton if he had any other witnesses. He said not this evening. He has a few for the next meeting.
Attorney Hirsch said the Board will hear this application again on March 21 and April 4.
RESOLUTION TO BE
ADOPTED:
VIRGINIA AND WADE EVANS – BA#192000
Block 338, Lot 58 Addonizio/Brosnan
Attorney Hirsch said he handed out a draft of the Amato resolution. It will be adopted at the next meeting. It will be read by title only.
Mr. Addonizio asked Mrs. D’Andrea to sent a letter to Administrator Verruni concerning the microphones. We need two more on the tables and should have any extra one in the middle.
MINUTES TO BE APPROVED: Mr. Addonizio moved to approve the minutes of the Workshop and Regular Meeting of January 10, 2001 and January 17, 2001. Mr. Rembiszewski seconded the motion, which was unanimously approved.
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
Acting Recording Secretary