ZONING BOARD OF ADJUSTMENT
MINUTES OF THE REGULAR MEET
HELD IN THE MUNICIPAL MEETING ROOM
FEBRUARY 21, 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, second alternate Wilma Morrissey, Attorney Michael Rubino, Recording Secretary Betty Schinestuhl, Acting Planning Coordinator Pam D’Andrea, Engineer Gerken and Reporter Kane.
Chairman Noorigian announced Attorney Michael Rubino will be with us this evening.
Attorney Rubino 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. Grasso announced the problem with illegal signs was discussed at the Board’s workshop. There are a lot of illegal signs around town. It is not becoming of the Township. Mr. Grasso made a motion to have the Board’s attorney make a recommendation to the Code Enforcement Officer to strictly enforce the sign ordinance. Mr. Addonizio agreed with Mr. Grasso. He stated that it definitely needs to be taken care of. Mr. Addonizio seconded the motion which was unanimously approved. Mr. Grasso said he has taken down 100’s of illegal signs.
Chairman Noorigian asked if there was any questions on the Amato resolution. That resolution will be approved this evening if there are no concerns. The resolution will be carried to the next meeting if there are any concerns.
Sandra Barre, 1610 Bass Point Road, had some questions. Attorney Rubino said Attorney Hirsch sent a copy of the resolution to the applicant and the objector’s attorney. If there is a question about the resolution we are going to put it off until the next meeting when Attorney Hirsch is present. Chairman Noorigian announced the Amato resolution will be read at the March 7th meeting.
CASE BA#29-2000: Date application complete: June 27, 2000.
APPLICANT: JOSEPH DUBICKI
February 21, 2001 Page 2
PROPERTY: 1215 Minnehaha Trail, Block 338, Lot 54, Zone R-10
RELIEF REQUESTED: Bulk variance for 10’ fence within the rear yard for privacy.
Attorney Rubino reviewed the file and stated that the Board had jurisdiction to proceed.
Mr. Addonizio stated he spoke with Mr. Hoffmann and no permits have been taken out by Mrs. Evans. Mrs. Evans must comply with the resolution approved by the Board.
Mr. Grasso asked, after adoption of the resolution how much time is allotted for Mrs. Evans to comply. Attorney Rubino read Mr. Hoffmann’s letter of February 21, 2001.
Attorney Rubino stated Mrs. Evans has 30 days from the day of the resolution to comply. The resolution is dated February 7, 2001. She must comply by March 7, 2001.
Mr. Addonizio stated the deck takes up the whole backyard. There is also a pool and a trampoline. They are very close to Mr. Dubicki’s property line.
Mr. Dubicki said he would like to keep his fence up until his neighbors comply with the resolution. They were suppose to start complying in November 2000. He stated he will take down his fence when they comply.
Attorney Rubino stated if are made to comply you do not have to come back after March 7th.
Attorney Rubino asked Mr. Dubicki to notify Pam D’Andrea if he withdraws his application.
Mr. Dubicki said if he decides to take the fence down he will notify Mrs. D’Andrea that he is withdrawing the application.
Attorney Rubino said the Evans have until March 7th to comply otherwise a summons will be issued.
Chairman Noorigian said Mr. Dubicki's application will be carried to April 4, 2001.
PROPERTY: 1550 Meeting House Road, Block 807, Lot 21, Zone R-30
February 21, 2001 Page 3
RELIEF REQUESTED: Minor subdivision and use variance.
Attorney Rubino reviewed the file and stated that the Board had jurisdiction to proceed.
Entered into evidence:
A-1 Review letter from Bay Pointe Engineering dated November
6, 2000
A-2 2 sheets, building elevation, deck plans, site plan, no
name or date
BOA-1 Survey prepared by W.T. Murray
Sworn by Reporter Kane: Janet Davies
Daniel Davies
Mr. Davies said he has lived on Paynters Road for 16 years. He would like to make his home bigger for his family.
Attorney Rubino read the review letter from Bay Pointe Engineering. Mr. Davies would like to construct a 6’ by 10.5’ addition to the first floor and a 6’ by 23.5’ addition to the second floor. He would like to add a third bedroom and make some of the existing rooms larger.
Attorney Rubino asked if the home is used for a business. Mr. Davies said no.
Attorney Rubino asked if the measurements in Bay Pointe’s letter were correct. Mr. Davies said yes.
Mr. Gerken asked what deck exists and what is being proposed. Mr. Davis said there is a wrap around deck.
Attorney Rubino asked if the front was on Route 34. The front of the house is on Paynters Road.
Mr. Clayton asked who owns Lot 4. Mr. Davies said his father.
Mr. Clayton asked if there was a ground level deck on the south side. Mr. Davies said yes. Mr. Clayton asked how far was the deck from the property line. Mr. Davies said 3 – 4’.
Mr. Clayton asked what side the addition will be on. Mr. Davies said the north side.
Mr. Clayton said the Board should have a revised plan showing the addition will not set on the property line.
February 21, 2001 Page 4
Mr. Grasso asked about the retail sign on the property. Mr. Davies said that sign will come down.
Mr. Grasso also asked for a revised plan showing the addition will not set on the property line. Mr. Davies said he will get that from the builder.
Mr. Gerken said there is a plot plan showing there will be 9.8’ set back.
Mr. Clayton said, for the record, on the south side you are 9.8’ from the property line. How far are you on the north side? Mr. Davies said 15’.
Mr. Clayton asked if there would be any additional landscaping done. Mr. Davies said yes along Highway 34 and Paynters Road.
Mr. Cinelli asked Mr. Davies to explain the improvements, siding, shingles, etc. Mr. Davies said the siding will be shakes. The roof will be the same as the existing one. There will be all new windows.
The application was opened to the public for questions. There were none.
Mr. Clayton moved to approve the application subject to the applicant complying with the Bay Pointe Engineering letter, removal of the retail sign, removal of the second driveway and additional landscaping. Mr. Cinelli seconded the motion, which was unanimously approved by a roll call vote. (Messrs. Clayton, Cinelli, Grasso, Addonizio, Rembiszewski, Noorigian and Mrs. Morrissey voted yes.)
CASE #BA43-2000 Date application complete: November 3, 2000
APPLICANT: CHRISTOPHER STEPHEN ENTERPRISES
PROPERTY: 1550 Meeting House Road, Block 807, Lot 21, $-30 Zone
RELIEF REQUESTED: Minor subdivision and use variance
Attorney Rubino reviewed the file and stated that the Board has jurisdiction to proceed.
Entered into evidence:
BOA-1 Review letter from Bay Pointe Engineering dated
February 20, 2001
February 21, 2001 Page 5
A-1 Plan
Salvatore Alfieri, Esq. appeared for the applicant.
Sworn by Reporter Kane: Joseph S. Lalka
Glenn Gerken
Mr. Grasso announced he is no relation to the partnership of Cleary, Alfieri & Grasso.
Mr. Lalka explained the property is located on Bailey Corner Road and Meeting House Road. There is farmland to the west. The applicant is proposing to subdivide the property. The frame building and the trailer will be demolished.
Attorney Rubino stated there are two use variances necessary.
Mr. Addonizio asked how many of the five structures are occupied. Mr. Lalka said all five.
Mr. Lalka explained this is not a working farm any longer.
Mr. Grasso asked about the impervious coverage. Mr. Gerken said the impervious coverage is fine.
Mr. Grasso asked if the masonry frame dwelling has any permits to bring it up to residential code. Attorney Alfieri said he does not know. Mr. Lalka said the building appears to be approximately 75 years old.
Attorney Alfieri said they would go over Mr. Gerken’s review letter. Mr. Lalka said the applicant will comply with all of Mr. Gerken’s recommendations.
Mr. Grasso asked what reasons does the applicant have for this Board to grant the use variance.
Mr. Lalka said there is five acres of property. It will not be detrimental to the neighborhood.
Attorney Rubino asked Mr. Gerken if these can be made conforming. Mr. Gerken said you would only be able to subdivide into three lots.
Mr. Grasso asked, when this was a working farm these buildings were barns, etc. Mr. Lalka said that is correct.
Mr. Addonizio asked if there were any drainage concerns. Mr. Gerken there are none as a minor subdivision. There may be some
February 21, 2001 Page 6
when a road is put in. Attorney Rubino said if there are drainage concerns the applicant should address them.
Mr. Grasso asked if Christopher Stephens was present. Attorney Alfieri said yes.
Chairman Noorigian asked if there were any questions for this witness.
Robert Franco, Gladfield Drive, asked when did they stop using the farm? Tractors go back and forth all the time. Mr. Lalka said it is still being used.
9:15 P.M. the Board recessed.
9:35 P.M. the meeting resumed.
Patricia Cipollone was sworn.
Attorney Alfieri asked Ms. Cipollone who occupies the property now. Ms. Cipollone said her brother, his wife and son; her mother; her sister-in-laws cousin and one is rented.
Attorney Alfieri asked if there was any farming being done. Ms. Cipollone said on three acres there are two horses used by family members. Her brother wants to stay on the property where his home is now. Ms. Cipollone wants to sell her portion.
Mr. Addonizio asked how many buildings were being used by non- family members. Ms. Cipollone said only one.
Attorney Rubino confirmed, there are five dwellings and only one is being used by a non-family member. Ms. Cipollone answered yes.
Attorney Alfieri asked who occupies lot 21.02. Ms. Cipollone said that is her portion and she is trying to sell it. 21.01 is owned by her brother and he will stay on the property. Christopher Stephen wants to purchase 21.02.
Mrs. Morrissey asked if there were any variances on the existing five dwellings. Ms. Cipollone said no.
Mr. Grasso asked Mr. Gerken if the rental property had to be registered with the Township. Mr. Gerken said he did not think so.
February 21, 2001 Page 7
Ms. Cipollone said she spoke to other developers and she did not like what they proposed. They wanted the whole property. My brother wants to stay there. Mr. Wilcox’s plan was the best.
Mr. Grasso asked how many homes are proposed for the property. Mr. Cipollone said five.
Chairman Noorigian asked if there were any questions for this witness. There were none.
Christopher Stephen Wilcox, 1805 Murray Drive, was sworn.
Attorney Alfieri asked Mr. Wilcox to describe the plans. Mr. Wilcox said the property was zoned R-20 and has been changed to R-30. Mr. Wilcox said he would like to make five lots out of Lot 21.02.
Chairman Noorigian asked if there were any questions for this witness.
Lynn Franco asked where are you going to bring the road out to. Mr. Wilcox said if he was to put a road in it would be on the south corner of the property. Ms. Franco said she is concerned about drainage. Mr. Wilcox said he would have to look into a detention and drainage basin so your property would not be impacted. Ms. Franco was concerned about the traffic on Sea Girt Avenue. Mr. Wilcox said he would have a traffic study done.
Attorney Rubino asked if Mr. Wilcox was purchasing the property to develop or sell. Mr. Wilcox said he is a developer. He lives in Wall Township. Selling the property has crossed his mind.
Robert Franco said he has seen flags in the road and said there is work being done behind lot 21.02. They are knocking trees down. Mr. Wilcox said that is not part of this property. There are no plans for this lot yet. Major Farms is a landmark. I would like to preserve as much as I can.
Mr. Grasso made a motion to deny any and all variances. There are a lot of individuals living on that property. The Board has seen no plans. I make a motion to deny all variances. Attorney Rubino said separate motions are needed. Mr. Grasso said he will amend. Mr. Grasso made a motion to deny the use variance. Mr. Addonizio seconded the motion, which was unanimously denied. (Messrs. Grasso, Addonizio, Cinelli, Rembiszewski, Clayton, Noorigian and Mrs. Morrissey voted yes.)
February 21, 2001 Page 8
Mr. Grasso made a motion to deny the use variance. Mr. Addonizio seconded the motion which was unanimously denied by a roll call vote. (Messrs. Grasso, Addonizio, Cinelli, Rembiszewski, Clayton, Noorigian and Mrs. Morrissey voted yes.)
CASE #BA45-2000 Date application complete: November 28, 2000
APPLICANT: MARTIN ROAD DEVELOPERS
PROPERTY: 1731 Azure Drive, Block 942, Lot 68.06, R-60 Zone.
RELIEF REQUESTED: Bulk variance with sketch plat.
Attorney Rubino reviewed the file and stated that the Board had jurisdiction to proceed.
Timothy Middleton, Esq. appeared for the applicant.
Entered into evidence:
BOA-1 Review letter from Bay Pointe Engineering dated February
19, 2001
A-1 Survey
A-2 Cost Estimate prepared by developer, dated February 21,
2001
A-3 Photo – Back of garage
A-4 Photo – NE corner
A-5 Photo – Looking north across front of the house
A-6 Marigold resolution
A-7 Middlesex resolution
Attorney Middleton explained the application. The house in questions is located on Block 942, Lot 68.06. Property has a 50’ front yard set back. It is in the R-60 zone. It is a new home. There was an error made. Instead of the 50’ set back required the builder made an error and the set back is 47.44’. This was an error in the field.
Mr. Grasso said it is his understanding from Attorney Hirsch that we are to hear this application as if there is no home there.
Sworn by Reporter Kane: Joseph Lalka, Engineer and Planner
Glenn Gerken
Mr. Lalka explained there was an error made regarding the setback. Attorney Rubino asked, on May 23, 2000, what was the proposal, 47’ or 52’? Mr. Lalka said 52’ set back. The garage
February 21, 2001 Page 9
is larger than the original proposal. These are large lots. There is a large space between the homes. There is no detriment to the neighborhood.
Mr. Grasso asked why couldn’t the house be moved back. Mr. Lalka said there was an error.
Mr. Grasso asked if there was any other variances needed. Mr. Lalka said no.
Mr. Grasso asked what the criteria is for us to grant this variance. Mr. Lalka said it is a bulk variance as to hardship.
Mr. Addonizio asked when was the mistake found. Mr. Lalka said 10/27/00 on paper.
Mr. Addonizio asked if the ground was broke at that time. Was the house complete? Mr. Lalka said he would find out. Mr. Lalka said this was not good planning. He does not encourage violation of the regulations. He said the space between yards is quite substantial.
Attorney Middleton said the supervisor is present this event.
Robert Kahle, job supervisor, was sworn.
Mr. Kahle said he has been in construction for 20 years. He has worked for this developer for six years.
Attorney Middleton asked what the cost would be to correct the problem. Mr. Kahle said approximately $39,800.
Mr. Kahle said when the error was found the windows were in, electric was in, hardwood flooring was in, no carpeting yet.
Attorney Middleton asked if Mr. Kahle knew how the error occurred. Mr. Kahle said it was just human error. They just measured incorrectly.
Mr. Addonizio asked if the sheet rock was up. Mr. Kahle said no.
Mr. Grasso asked if the problem can be corrected. Mr. Kahle said yes.
Mr. Grasso said he feels this is becoming a habit with this developer.
February 21, 2001 Page 10
Mr. Cinelli asked how many homes are in the development. Mr. Kahle said 27. Mr. Cinelli asked if the project was complete. Mr. Kahle said there were three more homes to be built. Mr. Cinelli asked what the price of the homes are. Mr. Kahle said approximately $500,000.
Mrs. Morrissey asked, what was the reason for the survey on October 27. Attorney Middleton answered, before a CO is issued by the Land Use Office a final survey is required.
Mr. Addonizio asked at what point would a builder go in for a CO? Mr. Kahle said very close to completion.
Mr. Addonizio asked about building department inspections. Mr. Gerken said a footing inspection is done, check soil, etc.
Mr. Grasso asked if the developer had insurance to cover errors. Mr. Kahle said he did not know.
Mr. Addonizio asked whose decision was it to proceed. Mr. Kahle said it was a joint decision.
Mr. Addonizio asked if this has ever happened before. Mr. Kahle said not to him.
Mr. Addonizio said when you run into a mistake like this it should be corrected. He stated it doesn’t make sense to move forward until you know what direction you are going in.
Attorney Middleton said there were reasons why the developer continued. The buyer has two small children and they needed the house complete.
Mrs. Morrissey asked if there was a precedence? Attorney Middleton said yes, the Marigold resolution and the Middlesex resolution. Attorney Middleton said the Marigold house was complete before the error was found.
Chairman Noorigian asked if there were any questions for this witness.
George Sollami, 1610 Bass Pointe Road, asked if there was someway something like this could be prevented. Mr. Kahle said we can just make sure the dimensions are correct.
Mr. Sollami asked if the Township checks the measurements. Mr. Kahle said no.
February 21, 2001 Page 11
Mr. Sollami asked when was the CO approved. Attorney Middleton said it was not approved. There was a TCO issued. A permanent CO has not been issued.
Mr. Sollami said someone in the Township should check.
Mr. Addonizio asked why a TCO would be issued on a house that was not finished. Attorney Middleton said it was issued after the house was done. Mr. Addonizio said a TCO was issued on a house that was not built correctly. Attorney Middleton said the TCO was issued in response to this application.
Sandra Barre, asked who issues TCO. Mr. Kahle said the Zoning Department, Engineering Department and Building Department. Everybody has to sign off.
Roan Korolik was sworn.
Attorney Middleton asked Mr. Korolik if he had insurance to cover this error. Mr. Korolik said no, we are general contractors. General contractors cannot carry insurance for anything of this sort.
Attorney Middleton asked Mr. Korolik when was the house sold. Mr. Korolik said the house was sold before construction began. Construction is not started until the house is sold.
Mr. Grasso asked if the purchaser knew about the error. Mr. Korolik said yes they spoke with the buyer and he knew all the facts.
Mr. Grasso asked if it is required of a the developer to be property insured. Mr. Korolik said yes. Mr. Grasso asked if this contractor carried insurance. Attorney Rubino said there is no insurance you can purchase to cover things like this.
Mr. Addonizio asked why the problem was not corrected when it was found. Mr. Korolik he paid for his mistake. He stated he had to hire Attorney Middleton, Birdsall Engineering and he had to explain it to the buyer.
Jim McCauley asked Mr. Korolik if the decision he made was because the house was sold. Mr. Korolik said he made a human decision.
Mr. Addonizio asked Mr. Korolik if he made the decision basked on business. Mr. Korolik said, first was human.
February 21, 2001 Page 12
Chairman Noorigian asked if there were any questions for this witness.
Jim McCauley was sworn.
Mr. McCauley made a statement to the Board. He said Mr. Korolik made a mistake. He asked why the Board has to be so hard on him.
Mr. Addonizio asked Mr. McCauley if he had any connection to any of the gentlemen here this evening. He also asked where he lived. Mr. McCauley said he had no connection to anyone here. He stated he lives about five miles from the site. Mr. McCauley asked the Board to stay human.
Mr. Addonizio said the Board wants to do what is best for the community.
Mrs. Morrissey asked Mr. McCauley if he was here for an application this evening. Mr. McCauley said no.
Attorney Middleton stated the Board has heard all the testimony. There is a 2½’ violation. There is a total violation of 53 s.f. Had the house been built today it would have an additional 5’ frontage. He stated he knew of two cases that were very similar. Mr. Lalka stated RSIS standards have changed. The house would now conform.
Mr. Grasso stated this has been done time and time again. This puts the Board in a position to make certain people feel badly. To put the Board in that position is not right. It is all about money.
Mr. Grasso moved to deny the application as presented. Mr. Addonizio said he feels as Mr. Grasso does. He feels money played a big part in this. Mr. Addonizio said the application should be carried until the next meeting. He stated he would like a little more time.
Mr. Cinelli moved to approve the application as applied for. Mr. Rembiszewski seconded the motion which was approved by a roll call vote. (Messrs. Cinelli, Rembiszewski, Clayton, Noorigian voted yes. Messrs. Grasso, Addonizio and Mrs. Morrissey voted no.) There are four yeas and three nays.
Chairman Noorigian said the resolution will be read at the next meeting.
February 21, 2001 Page 13
Mr. McCauley said he wanted the Board to know that he does not live in Wall Township he lives in Toms River. The Board discussed Mr. McCauley’s testimony. Mr. Grasso said the application was tainted.
RESOLUTION TO BE
ADOPTED:
JOHN F. NEVUE – BA#39-2000
Block 142, Lot 8 Cinelli/Rembiszewski
EDWARD BLOCK – BA#34-200
Block 841, Lot 20 Clayton/Rembiszewski
CARLTON CARE – BA#2-2001
Block 874, Lot 4 Grasso/Rembiszewski
CHARLES AND EILEEN DANGELO – BA#40-2000
Block 62.01, Lot 1 Cinelli/Morrissey
PAUL AND JOYCE AMATO – BA#19-1997
Block 880, Lot 27
The resolution for Paul and Joyce Amato will be carried to the next meeting.
There being no further business to come before the Board, a motion was made, seconded, and unanimously approved to adjourn the meeting at 12:05 P.M.
Respectfully submitted,
Betty Schinestuhl
Recording Secretary