ZONING BOARD OF ADJUSTMENT
MINUTES OF THE REGULAR MEET
HELD IN THE MUNICIPAL MEETING ROOM
MARCH 7, 2001
The Regular Meeting of the Wall Township Board of Adjustment was called to order by Vice Chairman Clayton at 7:35 P.M. Members present were Vice Chairman 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 Gerken and Reporter Kane.
Vice Chairman Clayton will chair the meeting this evening.
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.
Vice Chairman Clayton announced the application for L.B. Forcellati & Sons has been withdrawn. The application for Seely Equipment & Supply will be rescheduled.
CASE BA#31-2000: Date application complete: July 13, 2000.
APPLICANT: BYRON AND MARY KOTZAS
PROPERTY: 2677 Highway 70, Block 893, Lot 66, OP-10 Zone.
RELIEF REQUESTED: Bulk variance and use variance with sketch plat.
Attorney Hirsch reviewed the file and stated that the Board had jurisdiction to proceed.
Timothy Middleton appeared for the applicant.
Sworn by Reporter Kane: Byron Kotzas
Entered into evidence:
A-4 Photo of interior of warehouse
A-5 8 photos – A – H
OF-1 Photo taken from Mr. Falvey’s yard
OF-2 Photo taken from Mr. Falvey’s yard
OF-3 Photo taken from Mr. Falvey’s yard
March 7, 2001 Page 2
OF-4 Photo taken from Mr. Falvey’s yard
Attorney Middleton introduced Mr. Kotzas. Mr. Kotzas is the owner of Crossroads Realty. He is the applicant.
Attorney Middleton asked Mr. Kotzas to explain the existing property’s geographical location.
Mr. Kotzas said the building is used for a Crossroads Realty Office. In the rear of the property is a warehouse. The property is exactly the same as it was in 1973.
Attorney Middleton asked if the front building was used as an office building. Mr. Kotzas said yes.
Attorney Middleton asked if the warehouse was in the rear of the property. Mr. Kotzas said yes.
Attorney Middleton asked Mr. Kotzas to explain the use of the warehouse. Mr. Kotzas said it has always been used as a warehouse. It was previously Atlantic Appliance. They used the building in the front as an office and the warehouse to store HVAC equipment.
Attorney Middleton asked what the size of the warehouse is. Mr. Kotzas said 1600 s.f. Mr. Kotzas said there is access through the front of the building. It has a heating system. There is no air conditioning. There is one restroom. Mr. Kotzas said there was never any alterations done to the warehouse.
Attorney Middleton asked Mr. Kotzas to explain to the Board what happened after he purchase the property in 1973. Mr. Kotzas said the front was a Crossroads Realty office. The warehouse was used for storage of signs, dead files, etc. until 1985. In 1985 the building was leased to Meridian until 1991.
Attorney Hirsch asked Mr. Kotzas if the front building was used for office space and the warehouse for storage of medical supplies. Mr. Kotzas said yes.
Mr. Kotzas said in 1992 the building was leased to a law firm. In 1996 the building was sold to Lewis & Wood, Esq. They filed for bankruptcy. In 1998 Mr. Kotzas took the building back from the bankruptcy court. Crossroads Realty was moved back into the front building. The warehouse was used for storage.
Attorney Middleton said the permitted use is office. He asked Mr. Kotzas the cost factor for converting the warehouse to offices. Mr. Kotzas said approximately $90,000 - $100,000.
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Attorney Hirsch asked Mr. Kotzas if that was a qualified opinion. Attorney Middleton asked Mr. Kotzas if he has been involved in the construction business previously. Mr. Kotzas said yes.
Mr. Kotzas stated he just built a 100,000 s.f. medical building and a 125,000 industrial building. Attorney Middleton asked if he was familiar with the costs to build these.
Attorney Hirsch asked Mr. Kotzas to explain what he meant when he said he built them. Mr. Kotzas said he hires the necessary engineers, architects, environmental experts to get all the necessary approvals. He sub-contracts the work out. He is responsible for the job. Attorney Hirsch asked if he was a general contractor. Mr. Kotzas said yes.
Mr. Addonizio asked what would be the purpose of Mr. Kotzas testifying as an expert. Attorney Hirsch explained he can testify as to the cost to refurbish this building. Mr. Addonizio asked if Mr. Kotzas got estimates. Mr. Kotzas said no. Mr. Kotzas said the warehouse is not laid out right to convert to offices. The inside of the building is what costs the most to refurbish.
Attorney Middleton said this is not an office building structure. It is not economically feasible to make this an office building. This is a warehouse. It is a warehouse in an office zone.
Mr. Grasso asked Mr. Kotzas if he was aware of the permit process. Mr. Kotzas said yes.
Mr. Grasso asked Mr. Kotzas when was the first time he was in front of this Board. Mr. Kotzas said December 2000.
Mr. Grasso said he visited the site. There was an on-going operation there. There was construction of gift baskets. There was all sorts of activity. They would not allow Mr. Grasso access to the building until he showed them his Township Identification. Mr. Kotzas said they were preparing Christmas baskets for Crossroads. The building was not leased to anybody.
Mr. Grasso stated there is a lot of activity going on in the rear. He asked Mr. Kotzas if, after he rents the warehouse, has he given any consideration to his neighbors.
Attorney Hirsch asked the Board if they were going to accept Mr. Kotzas as an expert. The Board agreed. Attorney Hirsch said
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the Board accepts Mr. Kotzas as an expert as to the estimated
cost of the conversion of the warehouse to offices.
Attorney Middleton asked Mr. Kotzas what he based his opinions on that the cost would be $90,000. Mr. Kotzas said he just renovated a Bell Telephone building on Route 37. It was 20,000 s.f. The building was taken down to the steel beams. That project cost about $2 million, approximately $100 per square foot. That was a year and a half ago.
Attorney Middleton asked what had to be done to renovate his warehouse. Mr. Kotzas said building permits, bids, internal fix up, sprinkler system, handicap accessibility, etc. The internal fix up is the most costly.
Mr. Addonizio asked if Mr. Kotzas was comparing the building in Toms River to this building. It is a different building. This one does not need to be gutted. Mr. Kotzas said the cost to renovate this warehouse would be between $80,000 and $100,000. It is not feasible. The shape is not conducive. Attorney Middleton said 1600 s.f. at $60 per square foot would amount to approximately $90,000 - $100,000.
Attorney Middleton said Mr. Grasso asked what the impact would be on the neighbors. Mr. Kotzas said the building was built in the 50’s or 60’s. There has never been any problems with the Township or the neighbors.
Mr. Grasso said, in prior testimony, Mr. Kotzas said it was being used for the storage of signs. Is that correct? Mr. Kotzas said yes. Mr. Grasso asked, when used for storage of signs, how often does someone visit the site. Mr. Kotzas said it could be everyday or once a week.
Mr. Grasso asked what will the warehouse be used for if this application is granted. Mr. Kotzas said it would be leased to a small contractor for storage only. The use of the building will not change. It will not create any problems for the neighbors. Mr. Grasso said he has heard testimony from individuals stating that this is bothersome to them. He stated his concern is that this is not in the best interest of the Township and the residents. Mr. Kotzas stated the building next door is a factory. In the rear of that building there is a warehouse. There are trucks coming in and out all the time. There is also a major warehouse on the other side of this site used by Brielle Furniture. Mr. Kotzas said he will give a bond, if there is any problems the Township would have the money to correct it.
Mr. Grasso stated he had issues regarding the driveway, parking spaces, ingress/egress and fire safety. Mr. Grasso stated he
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had concerns regarding emergency vehicles getting to the warehouse. He was concerned that the company leasing the warehouse may store hazardous waste that may be extremely flammable. This is something that can have a serious impact on the neighbors.
Attorney Middleton showed the Board photos of Lee Battery and Brielle Furniture.
Mr. Brosnan asked if any of this property is grandfathered. Attorney Hirsch stated this storage area has been used as an accessory to the structure. Crossroads would be permitted to store there.
Mrs. Morrissey stated Mr. Kotzas has owned the building for approximately 28 years. Is the building about 40 years old? Mr. Kotzas said it was 8 – 10 years old when he purchased it. Mrs. Morrissey said it was built in the 1950’s.
Mrs. Morrissey asked if the driveway can be reconstructed so the fire trucks could get back to the warehouse. Mr. Kotzas said you don’t have to bring the fire trucks right up to the warehouse. You can reach it from the road.
Mr. Grasso said Mr. Kotzas is familiar with new construction. He stated certain permits and CO’s and so forth are needed. Have you ever known a Township to grant a variance without having fire accessibility. Mr. Kotzas said a fire truck does not have to go right up to he building. It can access the building from both sides of the property. There shouldn’t be a problem.
Mr. Grasso said Mr. Kotzas, you are telling us you can fight a fire from 50’ away. Mr. Kotzas said you don’t have to go right in front of the building. Mr. Grasso asked about an ambulance having access. Mr. Kotzas said that should be no problem.
Attorney Middleton asked Mr. Kotzas to explain the photos. Mr. Kotzas explained, Photo A – is a picture of adjacent buildings, Lee Battery and Brielle Furniture, taken from Highway 70, with two or three trucks loading furniture: Photo B – the truck maneuvering around the site: Photo C – a van and tractor trailer backed up to the warehouse building: Photo D – showing access so that a tractor trailer can get in.
Mr. Addonizio asked if there was fire truck accessibility from the other property. He asked if the pavement can support the fire truck. Mr. Kotzas said if they can support an 18-wheeler they can support a fire truck.
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Mr. Clayton, as a fireman, said the warehouse is 200’ from the street. Fire truck hoses are only 150’. There would not be any accessibility to that site.
Mr. Kotzas continued, Photo E – Photo of Lee Battery: Photo F – Brielle Furniture loading doors: Photo G – Brielle Furniture overhead door and Photo H – Lee Battery building showing it is twice the size of the front building.
Mr. Addonizio asked if Brielle Furniture storage was a legal use. Mr. Kotzas said yes. Mr. Addonizio asked if this site was zoned for office. Attorney Hirsch said it was rezoned recently, 1993. Mr. Addonizio asked if two different uses were allowed on one site. Attorney Hirsch said there is probably a variance to have two separate independent uses. It is OP-10 Zone. Mr. Addonizio said Mr. Dempsey, Code Enforcement Officer, should see if that is allowed.
8:35 P.M. the Board recessed.
8:55 P.M. the meeting resumed.
Mr. Rembiszewski asked how long Mr. Kotzas has been at this site. Mr. Kotzas said since 1973. Mr. Rembiszewski asked how long has Brielle Furniture been there. Mr. Kotzas said for many years.
Mrs. Morrissey asked what the width of the Brielle Furniture driveway is. Mr. Kotzas said 30’ – 32’.
Vice Chairman Clayton asked if there were any questions from the public of this witness.
Marilyn Falvey, 2619 Lantern Light Way, asked if there was heat in the warehouse. Mr. Kotzas said there is heat in the building. It has not been turned on. It is functioning. Mrs. Falvey stated the site plan shows there will be two employees on site from 7:00 A.M. to 6:00 P.M. Mr. Kotzas said the site plan shows that for parking calculations. Mrs. Falvey asked if there was a fence between Mr. Kotzas’ property and Lee Battery. Mr. Kotzas said yes.
Paul Falvey, 2619 Lantern Light Way, asked how a fire truck is suppose to get through the chain link fence. Mr. Kotzas said that will not be a barrier.
Michael Geller, previously sworn, addressed the Board. The Board accepted Mr. Geller’s qualifications both as an expert as an engineer and planner.
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Mr. Geller stated he is familiar with the site plan. Mr. Geller has sat through both hearings. Mr. Geller stated this is an existing building. The applicant received a report from Fire Prevention dated July 25, 2000. It mentioned “No Parking Fire Lane” signs, etc. There was no mention of access for fire trucks. This warehouse was to be leased to a special trade contractor. That contractor would not work there. They come in the A.M. and return at the end of the day. The vehicles they would be using would be 10’ – 19’ long. There would be no large trucks. If that warehouse was to be on fire today they would have to get access from Route 70. They would have to get as close to the building as possible.
Mr. Addonizio said he still has concerns about the fire truck issue. Mr. Geller stated they would access from other properties. Would they be able to hold a fire truck. Mr. Geller said that is a paved surface. It is not concrete. It is not soft grass. Mr. Addonizio stated the fire truck has 150’ of hose and the building is 200’ away. That is a problem. Mr. Geller stated if the truck was out on Route 70, the building is 200’ in depth. It is 180’ from the right of way. If the truck backed down the driveway they would have sufficient hose.
Mr. Addonizio read a letter from Fire Prevention dated February 15, 2001 requesting the fire department an access roadway, 18’ in unobstructed width. This site cannot handle something like that. Mr. Addonizio stated what would happen if there were cars parked out front. Mr. Geller agreed it was not the most ideal situation. Most of the parking is done in the front.
Mr. Addonizio asked about trash collection. Mr. Geller said there would be dumpsters on site.
Mr. Grasso stated the driveway to the rear of the building is very narrow, 11’6” wide. Mr. Grasso asked what the difference in elevation was on the west side of the property. Mr. Geller said the applicant’s property is higher. Mr. Grasso stated that would eliminate the possibility of a fire truck getting through. Mr. Geller said he drove down the adjacent driveway to the rear of the building. He had no problem.
Mr. Grasso asked if there was a chain link fence on the north side. Mr. Geller said yes. Mr. Grasso asked if there were homes in the rear of the property. Mr. Geller said the rear of the property is wooded.
Mr. Grasso asked the applicant to show him a fire truck can get down this driveway and access the property safely. Mr. Grasso said this is over utilization of the site. Mr. Geller said if
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this was a new building he would agree but the building already exists.
Mr. Grasso stated he is looking at over-utilization, parking spaces jammed in. Mr. Geller said they grant variances like this in Freehold. Mr. Grasso asked what Freehold does when there is a fire. Mr. Grasso said he needs to see how this driveway can be widened. Mr. Geller said that is not practical. It is an existing situation. We have to make the best of what there is.
Mr. Grasso said the parking spaces are cramped in. The driveway is too small. The dumpster is located next to the parking area.
Mr. Addonizio asked if there has been one use from 1973 to the present. Mr. Geller said he believes so. Mr. Addonizio said the impact is going up on the site. Mr. Geller said the intensification of the use of the site is not going up.
Mr. Addonizio asked if a business was to rent this site wouldn’t you think there would be more than two employees. Mr. Geller said there are many tradesman working out of their homes. There is a need for a place like this to store equipment. Mr. Addonizio asked what guarantee does the Board have that this would not be used as offices. Mr. Geller said the Board can state how many employees will be allowed, what can be stored there, etc. Mr. Addonizio said the problem is enforcing them. Mr. Addonizio said the Code Enforcement Officer will go out and check out the site. Mr. Geller said people should govern themselves. They should adhere to all conditions proposed by the Board.
Vice Chairman Clayton said they are proposing a different use. The site plan is not giving anything back to Wall Township. There is no additional landscaping, etc. There are no improvements being done. The applicant is giving the Board the same site plan that we had since 1973.
Mr. Geller said the site has descent landscaping. There is no room on the side for additional landscaping. Fire lanes will be marked. Guardrails will be installed. If the Board had any other suggestions we would be willing to do them also.
Vice Chairman Clayton asked if there were any questions from the public of this witness.
Marilyn Falvey, 2619 Lantern Light Way, asked if they had a tenant to rent the site. Mr. Geller said no. Mrs. Falvey asked about the electrical contractor that was talked about. Mr.
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Geller said that was in 1999. There was a tenant the applicant had in mind. Mrs. Falvey asked if they know what will be stored in the warehouse. Mr. Geller said no.
Attorney Middleton asked Mr. Kostza if he would be willing to remove the fence that separates his property and Lee Battery. Mr. Kotzas said he would remove the fence.
Attorney Middleton asked about the elevation difference. Mr. Kotzas said the elevation is almost identical. They are almost level. The elevations in the rear are the same.
Vice Chairman Clayton asked if there were any questions from the public of this witness.
Fran Reed asked what the rent would be on this property. Mr. Kotzas said he has no idea. He stated after it is fixed up and upgraded maybe around $1200 - $1500 per month.
Marilyn Falvey, 2619 Lantern Light Way, said she moved to Wall Township in June 1998. She researched the zoning on Route 70. This is 200’ from her property. She feels her way of life is being threatened by this application. Mrs. Falvey asked the Board to deny this application. If it is approved it will not benefit Wall Township residents it will only benefit Mr. Kotzas.
Matt Dietz, 2627 Lantern Light Way, said he had a statement to read from another resident. Attorney Hirsch said you cannot do that.
Dorene Sefack, 2615 Lantern Light Way, is concerned about the dumpster, noise and the fire hazard. Attorney Middleton asked if Ms. Sefack can see the dumpster. Ms. Sefack said she has heard it and has reported the noise. She stated she cannot see it.
Dennis Petti, 2617 Lantern Light Way, said the neighbors were lead to believe there would be a buffer in the rear. There is none. There is a noise problem. The neighbors feel this is a detriment to them.
Mr. Falvey said he has four photos he would like to get put into the record. Mr. Falvey explained the photos. OF-1, Brielle Furniture warehouse. The sign says hours of operation 10:00 A.M. – 12:00 P.M. on Thursday only. Mr. Falvey showed there is a drop on the side of Lee Battery. It is 2’ – 3’. Mr. Falvey said there are now 400 homes behind this site.
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Attorney Middleton asked about the hours regarding Brielle Furniture. Mr. Falvey corrected himself the hours of operation start at 8:00 A.M. Brielle Furniture is very quiet. There is very little activity.
Attorney Middleton asked how far Mr. Falvey lived from the site. Mr. Falvey said within 200’. Approximately 20’ from the property line.
Attorney Middleton asked where the OF-3 photo was taken. Mr. Falvey said they were all from his backyard.
Attorney Middleton stated this is a unique application. The legal point is that the building cannot be converted to a permitted use without great expense. The applicant has hardship. There is evidence to back that position. It will cost $90,000 to convert to an office building. The photos clearly show it is a warehouse. The interior is a warehouse. Parking required is minimal as a warehouse as opposed to office use. This building is not suitable for office use. This property is unusually situated. There is an 80’ buffer between the site and Four Seasons. There is a natural buffer. This is a berm. This has been used as a warehouse since 1973. The applicant wants to continue to use it as a warehouse. The applicant has to be granted a variance and then he can seek a tenant. Regarding the fire issues, the initial letter from Fire Prevention did not raise any concerns to the back building. There is access from the rear. The applicant will remove the fence. The uses in the area are very similar. This use would not impact the traffic. This will not have an impact on the neighbors.
Mr. Grasso moved to deny the application. Use variance criteria to grant this has not been heard. Renovations of the building to an office building is not possible, there are set back issues, parking issues. There is negative criteria. This will have a severe impact on the neighborhood. There will be a very severe impact on Route 70. There are issues regarding the dumpster, fire issues and there are other issues. The Board does not know what will be stored in the warehouse. Mr. Addonizio said this is a bad site for something like this. There is the fire access issue, there is no specific tenant. It is a bad site.
Attorney Hirsch said there are items that need to be marked into evidence.
BOA-1 Review letter from Bay Pointe Engineering dated
October 26, 2000
March 7, 2001 Page 11
BOA-2 Planners report
BOA-3 Review letter from Fire Prevention dated July 25, 2000
BOA-4 Fire Prevention letter of February 15, 2001
Mr. Addonizio seconded the motion which was unanimously denied by a roll call vote. (Messrs. Grasso, Addonizio, Cinelli, Rembiszewski, Brosnan, Clayton and Mrs. Morrissey voted yes.)
PROPERTY: 1917 Atlantic Avenue, Block 819, Lots 17 & 18, OR-5 Zone
RELIEF REQUESTED: Interpretation/Appeal of existing use.
Attorney Rubino reviewed the file and stated that the Board had jurisdiction to proceed.
Thomas Butz, Esq. appeared for the applicant.
Entered into evidence:
A-1 Exhibit attacked to application (Application and exhibit)
Attorney Butz said this is a very unusual type of application. It is not an application. It is an appeal from the decision of the Zoning Officer, Bryan Dempsey. There are legal questions regarding a use variance granted 26 years ago. The issue related to Mr. Dempsey’s letter sent to my client regarding the approval that was granted in 1975 was for only a two year period. It involves the zoning law of the State of New Jersey as it existed in 1975. Land Use Act was a statute which was adopted in August 1976. This was adopted after this application was heard in 1975. Attorney Butz explained what this appeal is unique. In 1975 the Board of Adjustment was not the final approval. The Board only recommend the granting of a use variance to the Township Committee. The Board did not have the power to grant or deny. There is a resolution from the Township Committee which refers to a temporary use permit. There was no such thing in 1975. Mr. Mueller applied to the Board for a use variance to store tractors.
Attorney Hirsch stated the application was not for storage, it was to rent space.
Attorney Butz said he was seeking to use the back part of the property for rental and storage of truck equipment. It was
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treated as a use variance application. The Board was to recommend to the Township Committee. The resolution was adopted and went to the Township Committee as a recommendation. The Township Committee heard it in September 1975. Those minutes are attached to the application.
Attorney Hirsch said he has to research some of this information. Attorney Hirsch asked if the site is being used for the same thing today.
Attorney Hirsch said this application will be carried to June 6, 2001. Time limits were waived.
RESOLUTION TO BE
ADOPTED:
PAUL AND JOYCE AMATO – BA#19-1997
Block 880, Lot 27 Brosnan/Rembiszewski
There being no further business to come before the Board, a motion was made, seconded, and unanimously approved to adjourn the meeting at 11:10 P.M.
Respectfully submitted,
Betty Schinestuhl
Acting Recording Secretary