ZONING BOARD OF ADJUSTMENT
MINUTES OF THE REGULAR MEET
HELD IN THE MUNICIPAL MEETING ROOM
MARCH 21, 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, Mary DeSarno, 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.
Mr. Grasso spoke about the signs in Wall Township. He had a display of all the signs that were taken down in the Township. He stated as soon as they are taken down, they are put back up. They litter the roadway. The ordinance regarding signs should be enforced. Mr. Grasso referred to John Hoffmann’s recommendations to the Township Committee regarding signs. Mr. Hoffmann suggested banning signs on major highways. He also suggested banning signs on stores with multiple uses. Shop Rite has signs designation every use inside the building. That should be banned. Mr. Grasso also recommended that lettered trucks and trailers be prohibited under the ordinance. He also suggested reducing the aggregate amount of signage allowed per building.
Mr. Addonizio agreed with Mr. Grasso. He added supermarket banners, window signs, etc. should be banned. The only signs that should be allowed in the Township are Real Estate signs. He suggested the Realtor getting a permit and paying a fee. They will be responsible for their own signs. Regarding political signs, they should only be allowed to be put up 25 days before the election. They should be taken down within 7 days. Window painting should also be addressed. These comments should be forwarded to the Township Committee and Bryan Dempsey.
Vice Chairman Clayton announced the application for Sunnyside Manor has been carried to April 4, 2001. The application for Thomas Quinn has been carried to April 11, 2001.
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CASE BA#31-2000: Date application complete: December 6, 2000
APPLICANT: PATRICK THOMAS JOST
PROPERTY: 1645 Glendola Road, Block 762, Lot 16, R-40 Zone
RELIEF REQUESTED: Bulk variance requested to enlarge first floor of home
Attorney Hirsch reviewed the file and stated that the Board had jurisdiction to proceed.
Sworn by Reporter Kane: Patrick Thomas Jost
Entered into evidence:
A-1 Book containing photos of house and plans for addition
Mr. Jost stated he needed a variance to put an addition onto his house. He has lived there for five years. He is proposing to add 335 s.f. to the first floor and construct a second story over the entire house. Mr. Jost explained the photos and plans entered into evidence.
Attorney Hirsch asked if the side yard set back will be reduced from 10’ to 8’. Mr. Jost said yes, because his property is on an angle. He also stated his neighbors would not consider selling him a portion of their property. He stated some of the photos entered into evidence show some neighbors homes have similar side set backs.
Attorney Hirsch stated the proposed house would be just under 2400 s.f. He asked if the homes in that neighborhood are larger or smaller. Mr. Jost stated his home is one of the smallest in the neighborhood.
Mrs. Morrissey asked if there was a garage or a shed separating Mr. Jost’s property from his neighbors on the north side. Mr. Jost said there is a detached garage. It is approximately 75’ from his home.
Attorney Hirsch asked what was to the rear of the property. Mr. Jost said that property belongs to the neighbors to the left of him. Their property runs behind Mr. Jost’s.
Mr. Cinelli asked if there were any buffers on the property. Mr. Jost said there is a tree line.
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Mr. Cinelli asked if the entire house will be refinished on the outside. Mr. Jost said it will have new siding and new windows.
Mr. Cinelli asked if they planned on any additional landscaping. Mr. Jost said no. He is just concentrating on the addition. He stated he will not remove any trees.
Attorney Hirsch asked about the right-of-way along Glendola Road. Mr. Gerken stated it would be adverse to require any additional right-of-way.
Mr. Clayton asked if the house was one story. Mr. Jost said yes.
Mr. Clayton asked if most of the homes in the neighborhood are situated the same. Mr. Jost said yes.
The application was opened and closed to the public.
Mr. Jost said the house was previously owned by Ben Danskin and he had a variance approved to add on.
Mr. Addonizio moved to approve the application. Mrs. DeSarno seconded the motion which was unanimously approved by a roll call vote. (Messrs. Addonizio, Grasso, Cinelli, Rembiszewski, Brosnan, Clayton and Mrs. Morrissey and DeSarno voted yes.)
PROPERTY: 3006 Atlantic Avenue, Block 826, Lot 94, R-20 Zone
RELIEF REQUESTED: Bulk variance for construction of a single family home
Attorney Hirsch reviewed the file and stated that the Board had jurisdiction to proceed.
Entered into evidence:
A-1 Sketch of property
A-2 Proposed Floor Plans (2)
Sworn by Reporter Kane: Todd Kazanowsky
Attorney Hirsch asked Mr. Kazanowsky if he would meet all buffering requirements. Mr. Kazanowsky said yes.
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Vice Chairman Clayton asked if the applicant had any drawings of the house he is planning to build. Mr. Kazanowsky said yes but it is not final. It will be a two story home. Approximately 1800 s.f.
Attorney Hirsch stated there are no setback variances required. Mr. Gerken said the plans should be improved.
Mr. Kazanowsky stated he plans to leave as much of the wooded area as possible.
Attorney Hirsch asked what is on Lot 74. Mr. Kazanowsky said there is a house on that lot. Attorney Hirsch asked if lot 74 is on Atlantic Avenue and your proposed home is behind it. Mr. Kazanowsky said that is correct. Mr. Kazanowsky said the house on lot 72 is set back. Attorney Hirsch asked how far that house was from Mr. Kazanowsky’s property line. Mr. Kazanowsky said about 50’ – 60’. Attorney Hirsch asked where does that house front. Mr. Kazanowsky said on Atlantic Avenue. He said there are two houses on that lot and they both front on Atlantic Avenue.
Vice Chairman Clayton asked how wide is the proposed driveway. Mr. Kazanowsky said 10’.
Mr. Grasso asked what Mr. Kazanowsky’s profession was. Mr. Kazanowsky said he was a police officer. Mr. Grasso asked if he thought the driveway was wide enough for a fire truck. Mr. Kazanowsky suggested putting in a circular driveway if the Board agreed that was better. The Board agreed. Mr. Gerken said the circular driveway would be a better idea.
Mrs. Morrissey asked what utilities were in the area. Mr. Kazanowsky said there is a meeting tomorrow evening regarding the sewers. He asked for approval for a temporary septic tank. Mr. Grasso said he was on the Board regarding the sewers. He said Mr. Kazanowsky can expect sewers in that area.
Mrs. Morrissey asked about additional plantings for a buffer. Mr. Kazanowsky said he is going to leave as many of the trees as possible.
The application was opened and closed to the public.
Mr. Grasso moved to approve the application as applied for. Mr. Brosnan seconded the motion, which was unanimously approved by a roll call vote. (Messrs. Grasso, Brosnan, Addonizio, Cinelli, Rembiszewski, Clayton and Mrs. DeSarno voted yes.)
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CASE #BA-44-2000 Date application complete: November 15, 2000
APPLICANT: NEVER AS MARCKS
PROPERTY: 5119 Routes 33 & 34, Block 911, Lot 13, HB-40 Zone
RELIEF REQUESTED: Use variance
Attorney Hirsch reviewed the file and stated that the Board had jurisdiction to proceed.
Sworn by Reporter Kane: David C. Marcks
James Higgins
Gerald Sonnenblick, Esq. appeared for the application.
Attorney Sonnenblick explained the applicant houses border collies for use by the Geese Police. He apologized for not producing a site plan. He said they will do whatever the Board requires.
David Marcks is the owner and applicant.
Entered into evidence:
A-1 Survey of property
A-2 Photo of structure
A-3 Aerial of site dated March 1997
A-4 Photos of existing Howell facility (9)
Attorney Sonnenblick asked Mr. Marcks if the photo of the structure is as it appears today. Mr. Marcks said yes.
Attorney Sonnenblick asked Mr. Marcks to give the Board a description of his business.
Mr. Marcks stated he uses his trained dogs to get geese off parks, playgrounds, township property, etc. He does this throughout the State of New Jersey. He will house 7 – 12 dogs. Small pick ups will be parked on site. He stated they visit the properties with the dogs 3 – 4 times a day.
Attorney Hirsch asked, 3 – 4 times a day? Mr. Marcks explained his employees pick up a truck with a dog in the A.M. They leave their car there. They take the truck and dog and leave. They service accounts. They visit the property, if there are any geese, the dogs will herd the geese off and then they go to the next property. The dogs do not touch the geese. He also stated
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they go back to each property 2 – 3 times a day. They scatter the hours.
Attorney Sonnenblick showed the Board photos of the Howell site.
Mr. Marcks explained how the dogs herd the geese. The geese feel the dogs are natural predators.
Attorney Hirsch asked if one handler takes one dog and handles several accounts during the day. Mr. Marcks said most of the areas that they work there is one dog for one handler. When they leave in the A.M. they work a 9 hour day. The dogs would be gone 9 hours a day. He stated the dogs get all the exercise they need during the day.
Attorney Hirsch asked what do the dogs sleep in. Mr. Marcks said they will sleep in the basement. On a clear, nice day they can sleep outside. The dogs do not bark.
Attorney Sonnenblick asked Mr. Marcks if there is any training done on site. Mr. Marcks said there will not be any substantial training done on site. Mr. Marcks said the commands are done with whistles and hand signals. The dogs are under control at all times. Attorney Sonnenblick asked about the cost of the dogs. Mr. Marcks stated they are $3,000 - $11,000 a piece.
Attorney Sonnenblick invited the Board to visit the site in Howell. They are only there in the morning when they pick the dogs up and in the evening when they drop them off.
Attorney Sonnenblick asked who the tenant would be. Mr. Marcks said it would be a resident manager. It would have to be an employee.
Attorney Sonnenblick asked about the number of dogs on site. Mr. Marcks said there would be no more than 12.
Attorney Sonnenblick asked if there would be any special lighting. Mr. Marcks said no.
Attorney Sonnenblick asked about the site. Mr. Macks said the driveway is gravel or recycled concrete. There are two trees on the property. It is residential property.
Attorney Sonnenblick asked if he planned to do any improvements. Mr. Marcks said he will plant some grass and bushes. He will improve the look of the site.
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Attorney Sonneblick asked what type of fence will there be. Mr. Marcks said a 6’ stockade fence. The dog’s pen will be a 6’ chain link fence.
Attorney Sonneblick asked where will the trucks and cars park. Mr. Marcks said in the rear of the property.
Attorney Sonnenblick asked what is the size of the property. Mr. Marcks said it is 100’ X 200’. It is next to the Aamco station. The gas station is now closed.
Attorney Sonneblick asked if there has ever been a problem with the dogs barking. Mr. Marcks said no.
Attorney Sonneblick asked about the woods in the rear of the site. Mr. Marcks said there are acres of woods.
Attorney Sonneblick asked if the dogs are bred. Mr. Marcks said no. The dogs come from California and North Carolina. That is where they are trained. They go through 14 – 16 months of training. They are 2 – 5 years old before they start working for Geese Police.
Attorney Hirsch asked if Mr. Marcks sells the dogs. Mr. Marcks said no.
Attorney Sonneblick asked Mr. Marcks to explain some of the problems concerning the geese. Mr. Marcks said there is a problem with the droppings. They drop 1½ pounds per day. They carry various diseases.
Mrs. DeSarno asked Mr. Marcks how long he has been doing this. Mr. Marcks said 15 years.
Mrs. DeSarno asked if he was running his business out of Wall Township now. Mr. Marcks said no. He stated he just moved a few dogs from Howell. Mrs. DeSarno asked how many dogs are in Wall now. Mr. Marcks said 4 – 5.
Mrs. DeSarno asked if the dogs pens are permanent. Mr. Marcks said no, that is just a temporary set up.
Mrs. DeSarno said when she visited the site there were several vehicles there. Mr. Marcks said there were 4 or 5.
Mr. Brosnan asked if Mr. Marcks will work out of both the Howell and Wall site. Mr. Marcks said yes.
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Mrs. DeSarno asked if he would bring the dogs in in the cold weather. Mr. Marcks said yes. You want the dogs to be housed just above freezing. You have to keep them relatively at the same temperature that is outside.
Mrs. Morrissey stated she saw some work going on at the site. Mr. Marcks stated one side of the house leaks and they were replastering it.
Mrs. Morrissey asked if Mr. Marcks had insurance. Mr. Marcks said yes.
Mrs. Morrissey asked about signage. Mr. Marcks said there would be no signage. Mrs. Morrissey asked how many employees there are. Mr. Marcks said 35. There will be 10 – 12 employees and 10 – 12 dogs at the Wall site.
Mr. Addonizio stated he visited the site. He asked about planting grass and what is going to be done to the front of the building. Mr. Marcks stated he will plant grass in the front. Mr. Addonizio stated he would like the site to look more residential.
Mr. Addonizio asked about the dog waste. Mr. Marcks said it is picked up by the handler everyday. They put it in a plastic bag and then it is put in the trash for pick-up.
Mr. Grasso stated because of the dogs this is something new for this Board. This is something we have not seen before. Mr. Grasso said he would like to see the site kept residential looking. He also said to keep the vehicles in the rear of the site. There will be no signage.
Mr. Grasso said he has some concerns regarding the dogs themselves. Mr. Marcks said these dogs make lousy pets. They are the smartest breed of dog. They are happiest when they are working.
Mrs. Morrissey asked about the rates. Mr. Marcks said he contracts by the week. He stated it is difficult to tell the Board what the rates would be.
Mrs. DeSarno stated she felt that keeping the dogs in the basement is a health issue. Mr. Marcks said they are only in the basement from 9:00 P.M. to 6:00 A.M. They are not in the living quarters. If the weather is nice outside they stay outside. They get their shots regularly. Mr. Marcks said he has never had any health problems. He stated he has three
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children and he has never had any problems. Mrs. Morrissey asked about ticks. Mr. Marcks said they don’t have ticks.
Mr. Addonizio asked how many times a year does the Health Department in Howell inspect. Mr. Marcks said it is not an annual thing, maybe every two to three years. Mr. Addonizio said he is concerned about the odor in the living quarters. Mr. Marcks said they are only in the house in the evening.
Mr. Addonizio asked Mr. Gerken if the Health Department would come and inspect the site. Mr. Gerken said he did not know, probably initially. Mr. Addonizio asked if there was anything else like this in Wall. Mr. Gerken said he did not think so.
Mr. Marcks stated whenever there is anything wrong with the dogs they go to the vet immediately.
Mr. Grasso asked if the tenants are aware of the odor problem. Attorney Sonneblick said yes and they can put in a fan or do whatever they need to do if there is an odor problem.
Mr. Addonizio asked if potential clients would visit the site. Mr. Marcks said no.
Vice Chairman Clayton asked what the hours of operation would be. Mr. Marcks said seven days a week from sunrise to sunset.
Vice Chairman Clayton asked for a landscaping plan. He would like the applicant to submit one. He also stated he would like the applicant to eliminate the parking in the front.
Attorney Sonneblick said the residents would be the only ones parking in the front.
Vice Chairman Clayton asked if there were any questions from the public for this witness.
Nancy Ellen Draper, 2609 Woolley Road, asked if you chase the geese will they ever come back. Mr. Marcks said they will come back. Mr. Marcks explained they don’t have a big the problem of the geese coming back in Monmouth County. He stated he removes them where there is a conflict with people.
The Board recessed at 9:25 P.M.
The meeting resumed at 9:45 P.M.
Mr. Marcks showed the Board a sketch of his landscaping plan and how he was going to change the driveway.
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Mr. Brosnan asked why Mr. Marcks could not build a kennel for the dogs. Mr. Marcks said you don’t want the dogs to get too much heat or cold. Mr. Brosnan said so many dogs in the basement is a health problem. It could create bacterial problems. Mr. Marcks explained when the dogs go in the basement they are in a crate. They go to sleep. When they get up they go right back outside. They are cleaned on a daily basis.
Attorney Sonneblick stated if Mr. Marcks decided to build a small facility for the dogs, he would have to come back to the Board. Mr. Marcks stated, again, they are cleaned and bathe regularly. Mr. Marcks stated he would never jeopardize his family, employees or his dogs.
Mr. Addonizio said the sketch of the landscaping and parking is an improvement.
Mr. James Higgins, gave his credentials which were accepted by the Board.
Attorney Sonneblick asked Mr. Higgins to tell the Board about the site from a planning aspect.
Mr. Higgins said the site is on ½ acre on Route 33/34. There is a single family house. It is in the HB-40 zone. The use is unique. It recently became a use that is recognized. There will be only 12 vehicles on the site. There will be no adverse impact on the surrounding area.
Attorney Sonneblick asked about the environmental benefit of the business to the general public. Mr. Higgins said it is a benefit to the public.
Attorney Sonneblick asked about the impact on the area. Mr Higgins said there is no adverse impact on the surround area. The only activity will be trucks coming in the A.M. and in the P.M.
Mr. Higgins said Mr. Marcks will improve the appearance of the front of the site.
Attorney Hirsch asked how long is the lot. Mr. Higgins said 20,000 s.f.
Mrs. DeSarno asked if blacktop was planned for the driveway. Mr. Higgins said no. Mr. DeSarno said blacktop would look better. Mr. Higgins said it would in the front, it would have no impact on the area in the rear. Mrs. DeSarno asked if the applicant would be willing to blacktop the area. Mr. Higgins
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said if the Board required it. Mr. Higgins said the stone looks good.
Mr. Addonizio asked if there were two uses. Attorney Sonneblick said it was one use. Attorney Hirsch said there are two uses, residential and business use.
Mr. Addonizio said how can the Board enforce only employees living in the house. Attorney Hirsch said it is enforceable. You can place a condition in the resolution.
Mr. Higgins said this is the same as a self storage facility, they need a caretaker. Attorney Sonneblick said the applicant has an agreement with the employees, as long as they have the job they must live in the house. Mr. Higgins stated the applicant does not want a non-employee in the house.
Mr. Addonizio asked about truck deliveries. Mr. Marcks said they pick up the dog food. There are no deliveries.
The applicant was opened and closed to the public.
Attorney Sonneblick stated the applicant is a good neighbor. The Board will be pleased to have this business in Wall. The site will be fixed up. Attorney Sonneblick stated the applicant will blacktop the driveway if the Board requires it.
Mr. Grasso moved to approve the applications with the stipulations that the applicant come back with a full landscaping plan showing this Board the blacktop, bufferings, parking, and all the other things this Board discussed. Attorney Hirsch stated the landscape plan will be brought back to this Board not to John Hoffmann, Township Planner. Mr. Gerken stated it should show the front stone removed, shrubs, paving, parking spaces, where the cages are going to be and where the vehicles are going to park in the rear. Attorney Hirsch stated this plan would have to be approved by this Board. The applicant can go to the site plan committee and the site plan committee will have to report back to this Board. Attorney Hirsch stated the Board will grant the use variance subject to the plan showing landscaping, parking, etc. Mr. Addonizio seconded the motion, which was unanimously approved by a roll call vote. (Messrs. Grasso, Addonizio, Cinelli, Rembiszewski, Brosnan, Clayton and Mrs. DeSarno voted yes.)
RESOLUTION TO BE
ADOPTED:
JANET DAVIES – BA#35-2000
Block 813, Lot 3 Addonizio/Rembiszewski
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MARTIN ROAD DEVELOPERS will be held until the next meeting because the tapes are being reviewed by Attorney McLaughlin. Mr. Cinelli stated the testimony give by Dr. McCauley in no way tainted the way he voted.
CHRISTOPHER STEPHEN ENTERPRISES – BA#45-2000
Block 807, Lot 21 Grasso/Addonizio
MINUTES TO BE APPROVED: Mr. Addonizio moved to approve the minutes of the Workshop and Regular Meetings of February 7, 2001 and February 21, 2001. Mr. Grasso 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
Acting Recording Secretary