ZONING BOARD OF ADJUSTMENT
MINUTES OF THE REGULAR MEET
FEBRUARY 20, 2002
The Regular
Meeting of the Wall Township Board of Adjustment was called to order by
Chairman Clayton at 7:45 P.M. Members
present were Chairman Clayton, Dennis Noorigian, Ralph Addonizio, Dominick
Cinelli, Anthony Rembiszewski, second alternate Wilma Morrissey, Attorney
Hirsch, Planning Coordinator Pam DAndrea, 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 Clayton
announced there are three applications on for this evening. The first application will be Dellett. Attorney Hirsch will step down. Attorney Rubino will take over.
CASE #BA3-2002
Date application
complete: January 21, 2002.
APPLICANT:
KEN AND CINDY DELLETT
PROPERTY: 4409
Belmar Boulevard, Block 942, Lot 19, RR-5 Zone
RELIEF
REQUESTED: Bulk variance
Ken Dellett was
sworn.
Attorney Rubino
reviewed the file and stated the Board had jurisdiction to proceed.
Mr. Dellett said
the property is located at 4409 Belmar Boulevard. He said he is asking for a variance to use the existing barn for
horses. He said the existing barn meets
front and rear but not side yard set backs.
He said they are not going to enlarge the size or make any exterior
changes. He said any changes will be on
the inside. He said there is a buffer
of white pine trees. They are 12 15
tall. He said they shield the barn from
the neighbors. He said the barn is 24
Wide X 40 Long X 15 tall. He said
they are asking for permission to house 3 4 horses.
Entered into
evidence:
A-1 Tax map colored rendering
A-2 Survey prepared by Thomas Stuart dated
1991
A-3 Photo of rear of barn
A-4 Photo East view of the barn
A-5 Photo SE view of the barn
A-6 Photo West view of the barn
February 20,
2002 Page
2
Attorney Rubino
said the property is 150.7 wide and goes back 2224.20. The rear width is 150.04.
Mr. Dellett said
it is six acres.
Chairman Clayton
asked how close is the nearest house.
Mr. Dellett said approximately 75 from the barn to the west, 200+ to
the east.
Mrs. Morrissey
said she visited the site. She said it
is a pre-fab barn. She asked if it
would be sturdy enough. Mr. Dellett
said yes. He said there is a concrete
floor and it has had no damage. Ms.
Morrissey asked if any neighbors have objected to the change in use. Mr. Dellett said not that he knows of. He said they will also provide additional
landscaping.
Mr. Cinelli
asked if there would be any changes to the barn. Mr. Dellett said just to the interior.
Mr. Cinelli
asked how many horses would be housed, three or four. Mr. Dellett said three.
Mr. Cinelli
asked if the horses would be owned by the applicant. Mr. Dellett said yes.
Mr. Maczuga
asked if there was a pasture area. Mr.
Dellett said yes. Mr. Maczuga asked if
it was fenced. Mr. Dellett said
no. Mr. Maczuga asked if they planned
on fencing the area. Mr. Dellett said
yes. Mr. Maczuga asked where the fence
would go. Mr. Dellett said it would be
behind the barn and use approximately half of the property.
Mr. Rembiszewski
said he was concerned about the distance between the barn and the closest
residence for sanitary reasons.
Mr. Maczuga
asked how the building was going to be maintained. Mr. Dellett said there would be rubber mats on the floor. The barn would be cleaned everyday. He said he would store the manure at the
back of the property. He said he will
do whatever needs to be done.
Chairman Clayton
asked if food would be stored inside the barn.
Mr. Dellett said yes. Chairman
Clayton asked if the barn had water and electric. Mr. Dellett said yes.
The application
was open to the public.
Ruth Dugolinsky,
1604 Ridgewood Lane, was sworn. Ms.
Dugolinsky said she thinks she is closer than 75 to the barn. She said her concerns are the manure and
odor. She said she lives in an old home
and she does not have air conditioning.
Her windows are always open. She
also said with manure comes flies and that can be a health risk. She suggested a special container for the
manure that can be kept covered.
Chairman Clayton
asked Mr. Dellett if he would look into these special containers. Mr. Dellett said he would.
Mr. Dellett said
there would be no way he would dump the manure right next to the barn. He said he would remove it from the
property.
February 20,
2002 Page
3
Attorney Rubino
said they would make a restriction in the resolution as to where the containers
for the manure can be stored.
Mr. Maczuga
asked about the containers. Mr. Dellett
said they hold the manure until it is hauled away. Mr. Maczuga asked if the containers would be next to the barn
until filled and then disposed of. Mr.
Dellett said he would dispose of it before it was filled.
Tim Ellis, was
sworn. Mr. Ellis asked what type of
fence is being put up. Mr. Zahorsky
said it would have to conform with setbacks and height.
Mr. Maczuga said
the Board may want to consider requiring the fence to be off the property
line. Mr. Dellett said he has no
problem with that.
Mr. Addonizio
asked where the horses are going to roam.
Mr. Dellett said over half of the property.
Mr. Noorigian
asked what type of fence would be put up.
Mr. Dellett said a wooden post and rail fence.
Mr. Cinelli
asked where is the fence going to be.
Mr. Dellett said 15 off the property line. It will cover half the property.
Mr. Maczuga suggested the fence in the front no closer to Belmar
Boulevard than the closest point of the barn.
Mr. Dellett agreed.
Mr. Cinelli
moved to approve the application subject to the containers be stored behind the
barn and the manure be dumped at the back of property at least 1500 off Belmar
Boulevard, fence be 15 off all side lines, deed restrict horses are to be
owned by the property owner and no more than three horses. Mr. Rembiszewski seconded the motion which
was unanimously approved by a roll call vote.
(Messrs. Cinelli, Rembiszewski, Mrs. Morrissey, Messrs. Addonizio,
Noorigian and Clayton voted yes.)
Attorney
Middleton said being there are only four voting members for the Meccia
application he asked if the application could be carried. Mrs. DAndrea said it can be carried to
March 20, 2002. Attorney Middleton said
that is acceptable. Chairman Clayton
said no further noticing is required.
CARRIED APPLICATION
CASE #BA8-2000 Application Complete: February 7,
2000. Carried from May 17, 2000,
September 20, 2000, January 10, 2001, April 11, 2001, June 20, 2001, September
5, 2001, October 3, 2001 and December 12, 2001
APPLICANT: TOWER
LODGE
PROPERTY:
1506 Gully Road, Block 239, Lot 8, R-30 Zone
RELIEF REQUESTED: Expansion and upgrade of existing
nursing home. Site Plan. Use
February 20, 2002 Page
4
Variance
Thomas
Primavera, Esq. appeared for the applicant.
Attorney
Primavera said since the last meeting of December 2001 the applicant has redesigned
the project.
Entered into
evidence:
A-16 Revised floor plan dated January 30, 2002
Henry Hengchua
was already sworn.
Mr. Hengchua
said there have been changes made. The
foot print has been shrunk to fit in the 75 buffer. He said the original design was more efficient. He said access of circulation is off
center. Additional corridors have been
added. The flow plan has been
changed. The gym has been relocated. He said the gym has been moved to the north
end of the building. Administration has
been moved to the south end. The
building has been moved from 119 to 124 back from the property line.
Entered into
evidence:
A-17 Exterior elevations
Mr. Hengchua
said the building blends into the landscape.
He said the ceiling height is now 9.
Attorney Primavera asked if the height was suitable. Mr. Hengchua said it is acceptable. He said people prefer a high ceiling.
Attorney
Primavera asked about the appearance of the building from Gully Road. Mr. Hengchua said it remains the same. He said they see the main entrance to the
building off Gully Road. He said
towards the back of the building they would have a faint view of the screen to
hide the mechanical system, (air conditioning, air handlers, etc.)
Attorney
Primavera asked if the screen hides the mechanics from vision and noise. Mr. Hengchua said yes.
Attorney
Primavera asked what you would see from the south side. Mr. Hengchua said you would see a flat roof
and windows.
Attorney Primavera
asked if the building was outside the 75 buffer. Mr. Hengchua said yes.
Attorney
Primavera asked about the rear of the building. Mr. Hengchua said the building is 124 from the property
line. From the rear you would see a
two-story flat building. He said the
topography drops down.
Attorney
Primavera asked about the changes. Mr.
Hengchua said the gym has been moved from the south side to the north side.
February 5 Page
5
Attorney
Primavera asked about the gym. Mr.
Hengchua said it would provide therapy for 120 residents. They would also have exercise and
activities.
Attorney
Primavera asked about the dining room.
Mr. Hengchua said the dining room is to the east of the building.
Attorney
Primavera asked about the existing dining room. Mr. Hengchua said the existing dining room is combined with the
activities room. He said the original
dining and activities is 1,210 s.f. The
proposed dining room is 2,692 s.f. He
said code requires 2,100 s.f.
Mr. Hengchua
said all four bed rooms have been eliminated.
He said the rooms are slightly larger.
The average is 221 s.f. for a two bed room. The private room would be 176 s.f. He explained that 50% must be barrier free according to ADA
code. He said all new bedrooms are
barrier free.
Mr. Hengchua
said the existing kitchen is 540 s.f. and the existing laundry room is 221
s.f. The proposed kitchen is 3,600
s.f., laundry room is 2,800 s.f. Mr.
Hengchua said both rooms are located in the basement.
Entered into
evidence:
A-18 Basement floor plan dated January 30, 2002
Mr. Hengchua
said the proposed kitchen is located at the east side of the building. He said the land slopes from west to
east.
Mr. Hengchua
said two separate kitchens have been designed.
The owner would like to be able to serve kosher meals.
Mr. Hengchua
said housekeeping is also in the basement.
The existing housekeeping is 300 s.f., the proposed is 552 s.f.
Attorney
Primavera asked what would be included in the basement. Mr. Hengchua said there would be a storage
area, repair area, central mechanical room, electric room and staff room.
Mr. Hengchua
said the basement is for non-residents only.
There is an elevator to connect the two floors. The elevators are located adjacent to the
dining room.
Mr. Hengchua
said the trash enclosures are being relocated into the buffer set back of the
property.
Mr. Hengchua
said he has tried to make this fit into the neighborhood. There are woods and vegetation on both
sides. He said he has made it as
compact as possible. Mr. Hengchua said
this is as efficient as he can make it.
It is low profile. It is earth
tone in color. It is a modest looking
building.
February 20,
2002 Page
6
Attorney
Primavera asked if the variances requested would impair the zone in Wall. Mr. Hengchua said no.
Mr. Addonizio
asked Mr. Zahorsky about parking. Mr.
Zahorsky said the parking is based on how many beds the facility has.
Mr. Hengchua
said the added square footage was only added to meet current guidelines. The area focused on is the dining room,
activity room and therapy room.
Mr. Addonizio
asked if they have discussed eliminating rooms. Mr. Hengchua said yes, they have eliminated one bedroom.
Mr. Addonizio
asked why there was such a large courtyard.
Mr. Addonizio suggested eliminating the courtyard and sliding the whole
building up. Mr. Hengchua said the
courtyard is very important.
Mr. Addonizio
suggested putting the courtyard in the back of the building and slide the
building more to the left. Mr. Hengchua
said it is hard to move all the residents from one end of the building to
another.
Mr. Addonizio
said the back of the facility appears to be a two-story structure. He asked how far the structure is from the
nearest house. Mr. Hengchua said from
the building, at least, 124.
Mr. Addonizio
said when you look at the front of the building it does not look like a
two-story. He said when you go to the
rear of the building it looks like a two-story building. Mr. Hengchua said he feels the proposed
building fits in the neighborhood.
Mrs. Morrissey
asked why an additional 60 beds. Mr.
Hengchua said because a wing has 60 beds, you add another wing you get 120
beds.
Mr. Maczuga
asked why. Mr. Hengchua said he didnt
know. One reason is 60 beds make up a
wing. Mr. Maczuga said why not 40 45
beds per wing. He asked if there was
anything that requires a wing to have 60 beds.
Mr. Hengchua said it is in increments of 60.
Mr. Maczuga
asked what the total building length is.
Mr. Hengchua said approximately 630.
Mr. Addonizio
asked again, how did Mr. Hengchua come up with 60 beds. Mr. Hengchua said the owner provided him
with a program to design for 60 beds.
Mr. Zahorsky
said Mr. Hengchua said the building was approximately 630. Mr. Zahorsky said it is under 400.
Chairman Clayton
asked if laundry would be done on site.
Mr. Hengchua said yes.
Chairman Clayton
asked if the 31 height include the covers on the roof. Mr. Hengchua said he could now answer that
now. He said he does not have the
appropriate scale.
February 20,
2002 Page
7
Chairman Clayton
asked the HVAC on the roof, could that be moved toward the front away from the
residents in the rear. He also asked if
there was a reason it was on the roof.
Mr. Hengchua said it is located above the dining room and corridors to
work more efficiently.
Chairman Clayton
asked if the generator was also on the roof.
Mr. Hengchua said yes.
Chairman Clayton
asked if the generator was diesel or natural gas. Mr. Hengchua said natural gas.
Chairman Clayton
asked about the noise coming from the generator. Mr. Hengchua said the further away from the generator you get the
less noise there is. Mr. Addonizio
asked Mr. Hengchua if he was an expert on noise. Mr. Hengchua said no, but he has done some research.
Chairman Clayton
asked if Mr. Hengchua has considered putting the HVAC on the ground or getting
window units. Mr. Hengchua said they
are window units.
Chairman Clayton
asked about the rear faηade. Mr.
Hengchua said the colors will be earth tone or pastels. Attorney Primavera said a rendering was
prepared that they will bring to the next meeting.
Mr. Addonizio
asked if the HVAC system was enclosed and had a sound barrier. Mr. Hengchua said he will look into
mufflers. Mr. Addonizio suggested
something that would cover the HVAC and keep the sound close to them.
Mr. Addonizio
asked where the ventilation is located the kitchen. Mr. Hengchua said it runs up to the roof toward the rear of the
building.
Mr. Addonizio
asked what kind of filtration will you have to cover the odors. Mr. Hengchua said he would look into that.
9:30 P.M. the
Board recessed.
9:48 the meeting
resumed.
The application
was open to the public.
Jim Stigliano,
3213 Sharpe Road, asked if Mr. Hengchuf was hired by the applicant to make a
presentation. Mr. Hengchua said
yes.
Mr. Stigliano
said the expansion to 60 beds might be in line with cost effectiveness. Mr. Stigliano asked what the cost of this
project would be. Mr. Hengchua said he
doesnt have that number right now, around $2 - $3 million.
Mr. Stigliano
said the change for this site will be a major renovation. He asked if they knew how much of a hardship
is going to be placed on the residents while construction is going on, the loss
of water, electricity, etc. Mr. Hengchua
said there should be no reason for the electric or water to be shut off. He said if any utilities are lost it will
just be temporary.
February 20,
2002 Page
8
Mr. Stigliano
asked if there was an existing basement.
Mr. Hengchua said no.
Mr. Stigliano
asked if the cost would be less if it was built a new site. Mr. Hengchua said he cannot answer
that.
Mr. Stigliano
asked about the staff room. Mr. Hengchua
said it consists of a lounge and break room.
Mr. Hengchua said the 10 X 17 room now is inadequate.
Joseph
Lesniewski, 2307 Ruta Boulevard, asked if Mr. Hengchua really believed they
could not add less rooms. Mr. Hengchua
said he would let the owner answer that.
Mr. Lesniewski
asked about the larger rooms. Mr.
Hengchua said the existing dining room is very small. The existing living room is very small. He said he is designing a facility so all those things will be
taken care of.
Mr. Lesniewski
asked what the elevation line is for the walk out basement. Mr. Hengchua said 86 90.
Mr. Lesniewski
asked if the rear property line was lower.
Mr. Hengchua said yes.
Mr. Lesniewski
asked about the rear elevations.
Attorney Primavera said the engineer will answer those questions.
Mr. Lesniewski
said, regarding the height and screening, wouldnt that give the two-story
building the look of a three-story building.
Mr. Hengchua said the basement is a walk out basement. Mr. Hengchua said he can make it look like a
one-story.
Mr. Lesniewski
asked if any pharmaceuticals would be stored in the basement. Mr. Hengchua said they would be stored the
same as they are now. All medical
supplies will be locked.
Richard Edwards,
3214 Sharpe Road, asked for the elevations of the building. He asked what the grade elevation at the
front and rear of the building is. Mr.
Hengchua said he would leave that to the engineer.
Mr. Edwards said
the height of the building is 39. He
said that is basically a four-story building.
He asked if the elevation was 39.
Mr. Hengchua said it is 31 plus 7.
Mr. Hengchua said the northeast and northwest corner is 25.7. He said the ground slopes.
Mr. Edwards
asked what changes would be made to the buffer. Attorney Primavera said that is a question for the engineer.
Mr. Edwards
asked if the trash container will be relocated. Mr. Hengchua said yes. He
said it now sits within the 75 buffer.
Mr. Edwards asked how many containers.
Mr. Hengchua said one and a compactor.
Mr. Edwards
asked if two kitchens were proposed.
Mr. Hengchua said yes. Mr.
Edwards asked, why the second kitchen.
Mr. Hengchua said the owner intends to serve kosher food.
February 20,
2002 Page
9
Mr. Edwards
asked, why two dining rooms. Mr.
Hengchua said there is one in each wing.
Entered into
evidence:
A-19 Conceptual site plan and landscape plan
dated January 29, 2002
A-20 Rendering showing revised landscape plan and
site plan
Attorney
Primavera asked Mr. Avakian to go over the changes to the site plan.
Mr. Avakian, still
under oath, said the setback is 75 from the adjacent properties. He said they have revised the parking. He said the number of parking spaces have
been increased. An underground storage
detention has been shown on the plans.
The rear yard access for emergency vehicles have been revised. He said they have added additional
landscaping.
Attorney
Primavera asked about the parking. Mr.
Avakian said 72 spaces are required. He
said they are providing 74 spaces.
Attorney
Primavera asked about the changes to the configuration. Mr. Avakian said at the east side of the
building at the northeast corner three banks of parking will be separated by
landscaping. He said everything is 75 from the property line. He said the parking is 50 from the property
line. He said the plantings have been
enhanced in that area.
Mr. Avakian said
additional landscaping has been added along the north side of the
building. He said in the rear they have
added a row of spruce. He said ten will
be planted.
Attorney Primavera
asked about the grading in the rear of the building. Mr. Avakian said along the front of the building the grade is 92
98. That is along Gully Road. It is 92 at the south side, 92 98 at the
north side and the rear runs from 86 at the south corner to 90 on the north
corner.
Mr. Avakian said
the elevation to the east of the property addition is 80 at the southeast to
88 90 to the northeast corner. Mr.
Avakian said the grade changes very little from the rear corner to the property
corners.
Attorney
Primavera asked what type of trees are located in the rear buffer. Mr. Avakian said they are scattered. They will be left in their natural state.
Mr. Cinelli
asked Mr. Maczuga if the trees could be labeled so they are not disturbed. Mr. Maczuga said something can be done so as
not to damage them.
Mr. Avakian said
they will put something on the site plan showing they will not damage the
trees.
Mr. Maczuga said
if the trees are 8 10 away from construction they can be saved. He said if they are closer than that they
may be destroyed.
Mr. Avakian said
they will stake the 75 and tell which can be saved.
February 20,
2002 Page
10
Mr. Maczuga
asked how far it was from the existing trees to the clearing. Mr. Avakian said approximately 220.
Chairman Clayton
asked Mr. Zahorsky if the trees can be tagged.
Mr. Zahorsky said prior to construction he would visit the site and
verify its clearing. He said he would
have personnel on site monitoring the clearings.
Mr. Avakian said
he would add a note on the landscaping plans noting the 75 buffer line.
Mrs. Morrissey
asked if any trees have been removed.
Mr. Avakian said not to his knowledge.
He said nothing has been done relative to this application.
Mr. Avakian said
they added an 12 emergency access lane running from the driveway to the west
end of the court yard.
Chairman Clayton
announced this application will be carried to April 17, 2002. He said no additional noticing is required.
MINUTES TO BE ADOPTED:
Mr. Noorigian moved to approve the minutes of the study sessions and
regular minutes of February 6, 2002.
Mr. Cinelli 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 10:35 P.M.
Respectfully
submitted,
Betty
Schinestuhl
Recording Secretary