ZONING BOARD OF ADJUSTMENT
MINUTES OF THE REGULAR MEET
MARCH 20, 2002
The Regular
Meeting of the Wall Township Board of Adjustment was called to order by
Chairman Clayton at 7:35 P.M. Members
present were Chairman Clayton, Vice Chairman DeSarno, Anthony Rembiszewski, Dominick
Cinelli, Dennis Noorigian, second alternate Wilma Morrissey, Attorney Hirsch,
Planning Coordinator Pam D’Andrea, Recording Secretary Betty Schinestuhl,
Engineer Matt Zahorsky 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
stated the Christopher Meccia application will be carried to June 5, 2002. The applicant will have to renotice.
CASE #BA2-2002
– Date application
complete: January 16, 2002.
APPLICANT:
WILLIAM AND NANCY LYON
PROPERTY: 2416
Cypress Street, Block 864, Lot 12, R-10 Zone
RELIEF REQUESTED:
Bulk variance
William Lyon was
sworn.
Attorney Hirsch
reviewed the file and stated the Board had jurisdiction to proceed.
Mr. Lyon said he
has lived in this house for 12 years.
He would like to demolish the house and build a new one. He said it will be moved 5’ to meet the
setback. He does not want to move it
back because of the trees.
Entered into
evidence:
A-1 Rendering of new house
A-2 Right side elevation
A-3 Photo of rear of the house showing the
trees
A-4 Photo of rear of the house showing the
trees
A-5 Photo of the house
Mr. Lyon
explained the new house will be a little wider. It will be moved to meet the side setbacks.
Attorney Hirsch
asked what was to the left of the property.
Mr. Lyon said another house.
March 20, 2002 Page
2
Attorney Hirsch
asked how far is that house setback.
Mr. Lyon said that house is about 21’ back.
Attorney Hirsch
asked what was to the right. Mr. Lyon
said that is a vacant lot. It is a four
lot subdivision. The homes are not
under construction yet.
Attorney Hirsch
asked if there were any other homes in the neighborhood that were 15’
back. Mr. Lyon said the house on the
corner of Cypress and Marigold.
Attorney Hirsch
asked if there were any more homes in the neighborhood within the 15’
setback. Mr. Lyon said yes.
Mrs. Morrissey
asked how long Mr. Lyon lived at this address.
Mr. Lyon said 12 years.
Mrs. Morrissey
asked about the property behind his.
Mr. Lyon said there will be all new homes. They have not started yet.
Chairman Clayton
asked about the rear yard setback. Mr.
Lyon said his yard is about 40’ deep.
Attorney Hirsch
said this property is in the R-10 zone.
Mr. Zahorsky stated the requirements for rear yard setback are 15’, 10’
for side and 15’ for front. He said there
is no problem from an engineering standpoint.
The application
was open and closed to the public.
Mr. Cinelli
moved to approve the application. Mrs.
Morrissey seconded the motion which was unanimously approved by a roll call
vote. (Messrs. Cinelli, Mrs. Morrissey,
Messrs. Rembiszewski, Noorigian, Mrs. DeSarno and Mr. Clayton voted yes.)
CASE #2A-2002 – Date application complete: January 11,
2002
APPLICANT: RICHARD THROCKMORTON AND MAUREEN KELLY
PROPERTY: 2835 Allaire Road, Block 805, Lot 5, RR
Zone
RELIEF REQUESTED: Bulk variance
Richard
Throckmorton was sworn.
Attorney Hirsch
reviewed the file and stated the Board had jurisdiction to proceed.
Mr. Throckmorton
stated they have lived in the home for seven years. He stated it is a very small house. There is a small basement and no attic. He said they have two children.
They have a pool in the back. He
said they have to back out onto Allaire Road.
They are proposing a two-car garage because they would like to store all
their lawn, pool equipment, etc. in the garage. He said they are also proposing a K-turn so they don’t have to
back out onto Allaire Road. The
additional height is for storage. He
said he does not have a rendering of the proposed garage.
March 20, 2002 Page
3
Mr. Throckmorton
said it will conform to the existing style of the house.
Entered into
evidence:
A-1 Front elevation
Chairman Clayton
asked if the garage would have the same siding as the house. Mr. Throckmorton said it would be a type of
asbestos. He said he will match the
paint. It will be painted the same
color. Mr. Throckmorton said they will
use the second story for storage.
Chairman Clayton
asked if the garage would have water and electric. Mr. Throckmorton said it would have just electric. Mr. Throckmorton said the first floor would
be for the cars and the second story for storage.
Chairman Clayton
asked how many trees will have to be removed.
Mr. Throckmorton said one small dogwood. He said there is nothing else there.
Mr. Rembiszewski
confirmed that Mr. Throckmorton said he had a pool, and it was dangerous going
out onto Allaire Road and he wanted the garage for pool and yard furniture
storage. Mr. Throckmorton said
everything in his yard he would like to store in the garage.
Mr. Rembiszewski
asked if there was a shed on the property.
Mr. Throckmorton said there is an 8 X 8 shed.
Mrs. Morrissey
asked how far the garage will be from the pool. Mr. Throckmorton said about 30’ – 40’.
Mr. Cinelli
asked if the shed will stay. Mr.
Throckmorton said yes.
Mrs. Morrissey
asked if he could lower the height of the garage. Mr. Throckmorton said they have tried. He said he has no storage space what-so-ever. He said his basement is very small. It is only half the size of the house.
Mr. Zahorsky
said this looks like a two-story garage not a 1½ story. He said it is a two story according to ordinance. He said there may be a way to lower the
height and be 1½ story.
Attorney Hirsch
asked what the size of the lot is. Mr.
Throckmorton said 100 X 429. Attorney
Hirsch said it is a very long lot. It
has a 74’ front and goes back 428’.
Attorney Hirsch
asked what was on lot 6. Mr.
Throckmorton said a house with a garage.
Attorney Hirsch asked if it fronts on Allaire Road. Mr. Throckmorton said yes. He said that house is almost on the
road. Mr. Throckmorton said they have a
garage but it is on the other side of the property. He said that garage is a little closer to the road than the one
he is proposing. Attorney Hirsch asked
how far that house is from your side property line. Mr. Throckmorton said about 100’.
March 20, 2002 Page
4
Attorney Hirsch
asked what was on lot 4. Mr.
Throckmorton said there is a house with a garage. He said it is about the same distance from Allaire Road as
his. Attorney Hirsch asked where is
that
garage. Mr. Throckmorton said it is
about 20’ from his property. He said it
is setback about 100’ from their house.
Attorney Hirsch asked if it is set back further than Mr. Throckmorton’s
would be. Mr. Throckmorton said theirs
would be a little behind his.
Attorney Hirsch
asked about the height of the garage.
Mr. Throckmorton said they want to go as high as they can. The garage is actually a barn.
Attorney Hirsch
asked what the s.f. of Mr. Throckmorton’s house is. Mr. Throckmorton said he did not know.
Mr. Zahorsky
said the ½ story can be no more than 2’ on the sides. It would still give storage space and conform to the
ordinance. He said if it is more than
2’ it would be considered a second story and would need an additional
variance. He said garages are limited
to 1½ story.
Mr. Cinelli
asked how much s.f. Mr. Throckmorton would have for storage on the ½
story. Mr. Zahorsky said almost the
same as the first story. He said he
would just be limited on the ends. Mr.
Cinelli said he doesn’t loose anything on s.f. from what he’s proposing. Mr. Zahorsky said there would be quite a big of storage space. This way it would not be a second
story.
Attorney Hirsch
said if the Board was to grant the variance for 20’ and you present the
building plans and the height is more than 2’ on the plate the Building
Department would not issue you a permit because the plans show a second
story. Attorney Hirsch said you will
loose a little storage on the sides. It
will be almost the same amount of s.f.
The Board may consider amending the application.
Mr. Throckmorton
said he wants the side walls to be higher.
He said the side would be about 5’.
He said he does not want to stack everything in the middle. Attorney Hirsch said he would then need a
variance for a two story structure.
Mr. Cinelli said
the Board would need to grant two variances, one for a two story structure and
one for height. Attorney Hirsch said
that is correct.
Mr. Cinelli
asked who the builder was going to be.
Mr. Throckmorton said Glenn Saker.
Mr. Throckmorton said he was going to draw the plans himself.
Chairman Clayton
asked Mr. Zahorsky why there is a 1½ story limit. Mr. Zahorsky said because it then limits it to storage only. It could not be living space.
Mr. Cinelli
asked Mr. Throckmorton if he would accept a deed restriction that it would only
be used for storage and not living space.
Mr. Throckmorton agreed.
The application
was open and closed to the public.
Mr. Rembiszewski
moved to approve the application. Mr.
Cinelli seconded the motion with the added conditions. He said the Board is granting a variance for
height for 20’ and a variance for
March 20, 2002 Page
5
a second story
and also imposing a deed restriction not to allow any living quarters on the
second floor. The motion was approved
by a roll call vote. (Messrs.
Rembiszewski, Cinelli voted yes, Mrs. Morrissey and Mrs. DeSarno voted no,
Messrs. Noorigian and Clayton voted yes.)
Chairman Clayton
stated there are four yeas and two nays.
The application has been approved.
CASE #BA-5-2002 – Date application complete: January 25,
2002
APPLICANT: JOSEPH AND PATRICIA LAMB
PROPERTY: 2167 Village Road, Block 716, Lot 22,
R-15 Zone
RELIEF REQUESTED: Bulk variance
Patricia Lamb
was sworn.
Attorney Hirsch
reviewed the file and stated the Board had jurisdiction to proceed.
Mrs. Lamb stated
they have lived in the house for 14 years.
It is a small cape. She said
they are proposing to enlarge the kitchen and dining room. She said she is asking for a 5’ 1” variance
for side yard setback. She said she is
in the R-15 zone. She said her
neighbor’s garage is 19’ from the proposed garage. She said she will conform to the front yard setback. The height proposed is 18’. She said it will be used for extra
storage. She said they will install
pull down stairs. She said they will
also have access from the second floor.
She said it will all be vinyl sided.
Entered into
evidence:
A-1 Architectural drawing
A-2 Photo of existing home
A-3 Photo of existing home
A-4 Photo of existing home
A-5 Photo of homes in neighborhood that have
been renovated
A-6 Photo of homes in neighborhood that have
been renovated
A-7 Photo of homes in neighborhood that have
been renovated
A-8 Photo of homes in neighborhood that have
been renovated
A-9 Photo of homes in neighborhood that have
been renovated
A-10 Photo of homes in neighborhood that have
been renovated
A-11 Photo of homes in neighborhood that have
been renovated
A-12 Photo of homes in neighborhood that have
been renovated
A-13 Photo of homes in neighborhood that have been
renovated
A-14 Photo of homes in neighborhood that have
been renovated
Attorney Hirsch
asked if there was an existing garage.
Mrs. Lamb said yes, it is a one car garage. Attorney Hirsch asked if it was an attached garage. Mrs. Lamb said yes.
Attorney Hirsch
asked how far the existing garage from the side setback is. Mrs. Lamb said 13’.
March 20, 2002 Page
6
Mrs. Lamb said
the homes in the neighborhood are older homes.
She said most people are putting on additions. She said she has taken several pictures around the neighborhood. She said the neighborhood is changing for
the better.
Attorney Hirsch
asked if Mrs. Lamb’s lot was average for the neighborhood. Mrs. Lamb said they are all about the
same.
Attorney Hirsch
asked about the size of the homes. Mrs.
Lamb said the newly renovated homes are larger, others are the same.
Attorney Hirsch
asked if the garage on lot 21 would be the same height. Mrs. Lamb said she is proposing one a little
higher. She said it is a two car
garage.
Chairman Clayton
asked how far the garage would be from the street. Mrs. Lamb said it would be same as it is currently.
Mrs. DeSarno
asked what Mrs. Lamb was going to say regarding the pollution in that
area. Mrs. Lamb said they have the
contamination in her area and she is confident it is going to be resolved.
Mrs. Morrissey
asked if the proposed garage is level to the attached garage next door. Mrs. Lamb said they are planning to bring it
forward.
Mrs. Morrissey
asked about the shrubs on the side.
Mrs. Lamb said they belong to the neighbor and they will remain.
Chairman Clayton
asked if the roof will slope toward the neighbors. Mrs. Lamb said yes.
Attorney Hirsch
asked if the height will be 18’. Mrs.
Lamb said yes, at the peak.
Mr. Zahorsky
asked if the run-off will go out toward the street. Mrs. Lamb said the run-off will go into the driveway and out to
the street.
The application
was open to the public.
Gail Ditri
Story, 2169 Village Road, was sworn. Ms.
Story said the Lamb’s are great neighbors.
She said they are an asset to the neighborhood.
Mrs. DeSarno
moved to approve the application as applied for. Mrs. Morrissey seconded the motion which was unanimously approved
by a roll call vote. Mrs. DeSarno, Mrs.
Morrissey, Messrs. Rembiszewski, Cinelli, Noorigian and Clayton voted yes.)
March 20, 2002 Page
7
MINUTES TO BE ADOPTED:
Mr. Noorigian moved to approve the minutes of the study sessions and
regular minutes of March 6, 2002. Mr. Cinelli
seconded the motion, which was unanimously approved.
RESOLUTIONS TO BE MEMORIALIZED:
Attorney Hirsch
stated Attorney Rubino prepared the Ken & Cindy Dellett resolution.
KEN AND CINDY
DELLETT – BA#3-2002
Block 942, Lot
19 Cinelli/Noorigian
AMERADA HESS
CORPORATION – BA#19-2001
Block 817, Lot 6 DeSarno/Noorigian
JOHN AND CAROLYN
MATTONE – BA#1-2002
Block 752, Lot
41.06 Noorigian/DeSarno
Mr. Noorigian
announced the Board will meet the second and third Wednesday in April.
There being no
further business to come before the Board, a motion was made, seconded, and
unanimously approved to adjourn the meeting at 9:00 P.M.
Respectfully
submitted,
Betty
Schinestuhl
Recording Secretary