ZONING BOARD OF ADJUSTMENT
MINUTES OF THE REGULAR MEET
HELD IN THE MUNICIPAL MEETING ROOM
MAY 2, 2001
The Regular Meeting of the Wall Township Board of Adjustment was called to order by Chairman Noorigian at 7:45 P.M. Members present were Chairman Noorigian, Vice Chairman Michael Clayton, Mary DeSarno, Thomas Grasso, Ralph Addonizio, Dominick Cinelli, Anthony Rembiszewski, second alternate Wilma Morrissey, Attorney Thomas Hirsch, Recording Secretary Betty Schinestuhl, Acting Planning Coordinator Pam D’Andrea, Engineer Zahorsky, Mr. Truscott and Reporter Kane.
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 Noorigian announced there are two applications on for this evening. Shore Christian Center will be first. They are applying to amend the previous Board of Adjustment resolution dated July 10, 1996. Sunnyside will be heard second.
Mr. Grasso announced the Township Committee is making adjustments to the parking ordinance in town. He also stated all the illegal signs are back around town. The signs are all over public and private property. He said strict enforcement of the sign ordinance must be done.
CASE #BA7-2001: Date application complete: February 20, 2001
APPLICANT: SHORE CHRISTIAN CENTER CHURCH
PROPERTY: 4041 Squankum Road, Block 974, Lots 8 & 24, RR zone.
RELIEF REQUESTED: Amend previous Board of Adjustment resolution dated July 10, 1996
Attorney Hirsch reviewed the file and stated that the Board had jurisdiction to proceed.
Joseph Lane, Esq. appeared for the applicant.
Richard Bicatagia, Birdsall Engineering, gave his qualifications which were accepted by the Board. Mr. Bicatagia explained the applicant would like to plant 15 large pines, 12 native full
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rhododendrons and mountain laurels. They would eliminate the plantings in center field. They would like to put the plantings where they would do the most good.
Attorney Hirsch asked if the Board was given a landscape plan. Mr. Lane said the site plan shows the plantings. There is also an as built plan.
Entered into evidence:
A-1 Photo – taken from the property line, showing from the score board to home plate
A-2 Photo – view of same area from different point of view,
from northwest in center field looking toward the fence
A-3 Photo – from parking lot down right field line
Mr. Bicatagia explained the photos. Mr. Bicatagia said that Alternate #1 plan would be about $4,000. The original plan would run about $20,000. Mr. Bicatagia said the Alternate Plan would be more esthetically pleasing.
Attorney Hirsch asked Mr. Lane to address the review letter from Mr. Maczuga dated April 25, 2001 paragraph 5. Mr. Lane stated if approved they would submit a landscaping plan.
Attorney Hirsch asked how high would the Mount Laurel’s be. Mr. Bicatagia said 3’ – 4’.
Mrs. Morrissey asked if the new plan would provide better coverage of lighting and sound. Mr. Bicatagia said yes. The Mount Laurel’s grow fast and they would provide coverage.
Mr. Grasso asked Mr. Zahorsky if the lighting would effect the neighbors. Mr. Zahorsky said not the lighting that is proposed.
Mr. Grasso asked if there would be a problem with the parking lot lamps going onto someone’s property. Mr. Zahorsky said there would be no problem.
Mr. Clayton asked if there was enough trees in the winter. Mr. Bicatagia said there are deciduous oaks. Mr. Clayton asked if the additional plantings are being put where the property owners are. Mr. Bicatagia said yes.
Ed Mohlenhoff, 4030 Herbertsville Road, asked how tall the pines would be. Mr. Bicatagia stated they would be 12’ – 14’ at the time of planting.
Joseph Lalka was sworn. The Board accepted Mr. Lalka’s qualifications.
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Entered into evidence:
A-4 Comparison – proposed west side of the Church compared to
what was approved on site plan
A-5 As built plan
Mr. Lalka stated the west parking area will be revised so there would be angled parking. The aisle would be converted into a two way. There would be 90 degree parking. It would add 15 parking spaces.
Attorney Hirsch asked if the previous plan was prepared by Birdsall Engineering. Mr. Lalka said yes. Attorney Hirsch asked why is it being changed. Mr. Lalka said this plan will provide for 15 additional parking spaces. There would be wider aisles. The full circulation of the parking lot would be better.
Attorney Hirsch asked if this creates a variance. Mr. Lalka said yes.
Mr. Lalka stated he is relying on Shore Christian Center’s reports regarding parking. They state they have adequate parking. Mr. Lalka stated they want to reconfigure the entrance and parking lot. The northwest entrance will be converted to allow for ingress and egress. The northeast entrance will remain for ingress only.
Mr. Lane explained the request for construction of an additional sign. The proposed sign will be similar in size to the one already there. The sign would be square. It would have the name of the church and school. There would also be a place for upcoming messages.
Attorney Hirsch stated the sign would have a change in design not size. Mr. Lalka said it would be the same size. It would be approximately 5’ X 4’. Mr. Lalka said the sign now faces the street. The proposed sign would be placed between the two ingress and egress driveways to the south of the church. The proposed sign would replace the two existing signs. The existing signs would be taken down.
Mr. Grasso asked if the sign would be like the one at the Intermediate School. Mr. Lalka said yes but the proposed sign will have no lighting.
Mr. Clayton asked if the proposed sign would obstruct traffic. Mr. Lalka said no.
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Mr. Clayton asked if the Police Department have any concerns with the new ingress and egress. Mr. Lane said no. The traffic officer did not have any problems as long as they were marked.
Mr. Zahorsky stated the applicant has addressed all of his concerns.
Paula Lopez, 4051 Squankum Allenwood Road, asked where would the additional parking be. Mr. Lalka stated the applicant owns land to the east. It is at the remotest easterly side of the parking area. Ms. Lopez said there is a 150’ buffer on that location. Mr. Lalka said there is also a fence on that side. Ms. Lopez asked how many parking spaces are lost because the bleachers are on the parking area. Mr. Lalka said he would have to let someone from the Church answer that. Ms. Lopez said they are losing parking spaces where the bleachers are. Attorney Hirsch asked if there was sufficient parking. Mr. Lalka said someone from the Church will answer that.
Ms. Lopez asked if the 20 s.f sign includes the post. Mr. Lalka the sign will have a brick border. It will be a supporting structure. The total height of the sign will be 6˝’.
Mr. Addonizio asked how many parking spaces do the bleachers cover. Mr. Lalka said 3 – 4.
Mr. Addonizio asked how high is the existing sign. Mr. Lalka said 6’. Mr. Addonizio asked if turning the existing sign was ever an option. Mr. Lalka said no.
Allen Meyer was sworn. Mr. Meyer said he is an elder and general counsel to the church.
Mr. Lalka asked Mr. Meyer how often does he go to the church. Mr. Meyer said he is there at almost every event.
Mr. Meyer explained where the netting was located on the property. He explained the netting was installed so the baseballs did not go onto Ms. Lopez’ property. Mr. Meyer explained he is a coach and he also watches the games. The netting has reduced balls going onto Ms. Lopez’ property significantly.
Mr. Lane asked about practices. Mr. Meyer stated St. Rose has a net on wheels. They practice inside the cage. Mr. Meyer said the only way to eliminate balls from going onto the property would be to install a dome. Mr. Meyer said there has been no additional problems to his knowledge.
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Attorney Hirsch asked what is the applicant asking regarding the netting. Mr. Meyer said they are asking that the netting at the top of the hill not be required.
Mr. Lane said they are also asking for relief from the Board putting restrictions on who plays on the field. Mr. Meyer stated several groups have asked to play on the fields and we have to tell them no. He stated the Church wants to help the community. He said they are asking the Board to remove the restrictions regarding who can play on the field. Mr. Meyer said it will not change what will happen on the field. It will only change who. He said the Church’s field is much safer than most other fields.
Mr. Grasso asked if Mr. Meyer knew of any other field that had restrictions placed upon them. Mr. Meyer said no.
Mr. Grasso asked if Wall Township varsity baseball team would be able to go to the scout clinics. Mr. Meyer said that would be possible.
Mr. Addonizio asked how many balls were lost during the year. Mr. Meyer said approximately 1˝ dozen were lost per game now it is down to 1 dozen per season. Mr. Meyer said there is a drastic reduction in losing baseballs.
Mr. Addonizio asked Mr. Zahorsky if there was any follow-up to Ms. Lopez regarding the baseballs going onto her property. Mr. Zahorsky said he is not aware of any follow-up. He stated they have not received any more complaints.
Mr. Addonizio asked if any other sports would be played on the field. Mr. Meyer said they have a soccer camp. It may also be used for other activities. Attorney Hirsch stated the Board wants to limit intensity. Mr. Addonizio said if there were better teams playing on the field that would create a parking issue. Mr. Meyer said he doesn’t think it would create a problem. He stated there is plenty of parking. Mr. Addonizio asked about a soccer program at the Church. Mr. Meyer said there is a soccer camp in the summer. It is open to the community. Mr. Addonizio asked if the Church rents the facilities. Mr. Meyer said the Church receives a donation for the use of the facility. It is not rent but a donation.
Mr. Grasso said it is not uncommon to charge for janitorial time and so forth. This is a common practice.
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Mrs. Morrissey read parts of the approved resolution concerning the restrictions. She asked what does the Church want to change. Mr. Meyer said they want to change the language. They want control of their property.
The Board recessed at 9:50 P.M.
The meeting resumed at 10:05 P.M.
The application was opened to the public.
Peter Falotico, 4050 Herbertsville Road, is concerned with the parking. If additional activities are held will there still be enough parking. Mr. Meyer said yes.
David Velinsky, 1706 Wall Church Road, asked if there has been any damage to any of the neighbors homes. Mr. Meyer said no. Mr. Velinsky asked if there were any drug or alcohol problems. Mr. Meyer said no. The grounds are policed.
Paula Lopez asked about the net Saint Rose uses. Mr. Meyer said it is portable and used for pre game practices. Ms. Lopez asked if Saint Rose will take it when they leave. Mr. Meyer said he did not know. Ms. Lopez asked if there were any plans for when Saint Rose takes the net. Mr. Meyer said they will go back to doing what they did before. They will put the batters closer to the field.
Nancy Bensind, 2917 Roosevelt Street, asked what the purpose of the Church is. Mr. Meyer said it is to help people in the community. Ms. Bensind stated the Church is here to benefit the community.
Mr. Addonizio asked if the Church ran their activities to make a profit. Mr. Meyer said no. Mr. Addonizio said Mr. Grasso was comparing a public school with a private school.
Peter Falotico, 4050 Herbertsville Road was sworn. Mr. Falotico said schools have ball fields. You expect noise from the schools. The Church may be giving services to the community but it is at the expense of the neighbors. He stated he is only there since December 2000 and he hears the noise from the field.
Mr. Mohlenhoff was sworn. Mr. Mohlenhoff said the lights in the parking lot go directly downward. There are plantings at the rear of the field.
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Thomas Noone, Bristol Avenue, Howell was worn. Mr. Noone said he is not a member of the Church or a resident of Wall. He said he is involved with the baseball at Shore Christian Center. He said there is something great going on there. Everyone should be proud of it. He asked the Board to please do what is right for the community.
Dave Vilinsky was sworn. Mr. Vilinsky said he does not believe the Board has the right to pick and choose what the Church does. He said he does not think it is right.
Patty Friedhoff, 3318 Brinley Road, was sworn. Ms. Friedhoff said she lives in Wall. She has three children. They have all attended Shore Christian Center School. She said the Church and the school is a community service. She said the Church is not independently wealthy. They rely on the people.
Paul Lopez was sworn. She stated a lot of ground was covered this evening. She said there should be follow-up regarding the plantings in the rear. The original plan is a good plan. She said the original area had pine trees. They were taken down to build this ball field. She stated the Church can keep coming back to change what is agreed upon. She suggested there be a compromise.
Richard Hanking, 2521 Allenwood-Lakewood Road, was sworn. Mr. Hanking said he is here this evening to lend his support to Shore Christian Center. He said he is pleased to have the Church as a neighbor. He urged the Board to approve the application.
Gregory Wobb was sworn. He stated he and his family attend Shore Christian Center. Both of his children go to school there. He said Shore Christian Center is a great asset to the community. He said Shore Christian Center is a positive thing and not a negative thing for the community.
Mr. Lane said the testimony from the experts show that the Church is a benefit to the community. The Church is asking to have the restrictions lifted.
Mrs. DeSarno asked if the Church would be willing to add more trees. Mr. Lane said that would be acceptable. Mrs. DeSarno said they would plant 32 5’ – 6’ rhododendrons, 10 Mount Laurels and 25 large White Pines.
Attorney Hirsch said the vote on the parking variance would take a simple majority. The vote on the conditions of the use
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variance would require five votes. Two separate motions are needed.
Mr. Grasso made a motion to approve the use aspect with the conditions of no lights, no PA system and the hours being from 9:00 A.M. – dusk. Mr. Cinelli seconded the motion which was unanimously approved by a roll call vote. (Messrs. Grasso, Cinelli, Addonizio, Rembiszewski, Clayton, Noorigian and Mrs. DeSarno voted yes.)
Mr. Grasso made a motion to approve the site plan with the conditions that 32 rhododendrons, 10 Mount Laurels and 25 large White Pines be planted, a landscape plan be submitted, relief of additional netting, parking reduction, bank of parking spaces, signs, removal of two existing signs and no neon signs. Mr. Cinelli seconded the motion which was unanimously approved by a roll call vote. (Messrs. Grasso, Cinelli, Addonizio, Rembiszewski, Clayton, Noorigian and Mrs. DeSarno voted yes.)
Mr. Noorigian and Mrs. Morrissey stepped down for the Sunnyside application.
PROPERTY: Ramshorn Drive and Lakewood Road, Block 819, Lot 16, R-30 Zone
RELIEF REQUESTED: Bulk and use variances requested along with site plan approval in order to expand an existing nursing and personal care facility to include assisted living units.
Mr. Gordon Gemma, Professional Planner, gave his credentials which were accepted by the Board.
Mr. Gemma explained Sunnyside is an existing nursing home on 6.37 acres. It is in the R-30 zone. It is a non conforming use. It is accessed by an 80’ driveway.
Entered into evidence:
OM-7 Aerial view
May 2, 2001 Page 9
Mr. Gemma said across the street the zone is R-10, across Ramshorn Drive the zone is R-60 and on Lakewood Road it is R-20.
Mr. Gemma stated there are 10 bulk requirements. Sunnyside only complies with three. Mr. Gemma said this is an existing non conforming use. There is an increase in the number of beds. Traffic, visitors, height will have an impact on the neighbors. They are bringing a commercial into a residential area. He stated property values will have a negative impact. The Township ordinance prohibits this use in a residential area. He stated Sunnyside is out of character with the rest of the area. Mr. Gemma said the proposed facility will have a negative impact on the neighbors. Mr. Gemma said there is no need in Wall Township for this type of facility.
Attorney Landis asked Mr. Gemma if this was his first meeting regarding Sunnyside. Mr. Gemma said yes.
Attorney Landis asked if there was a moratorium on assisted living. Mr. Gemma said no. Mr. Gemma said there is a moratorium on nursing homes.
Attorney Landis asked how many assisted living facilities are in Wall Township. Mr. Gemma said he thinks there is approval for 5. Attorney Landis asked how many were in operation. Mr. Gemma said he knows of only one, Sunrise. Attorney Landis stated when the population increases the need increases. Mr. Gemma said it all depends on what the need is.
Vice Chairman Clayton said this application will be carried to May 16, 2001. They will be first on the agenda for that evening.
RESOLUTION TO BE
ADOPTED:
THOMAS QUINN - BA#3-2001
Block 3, Lot 4 Grasso/Addonizio
JERALD DEVELOPMENT GROUP – BA#6-2001
Block 804, Lot 25 DeSarno/Grasso
SALVATORE V. SOLDANO – BA#4-2001
Block 771.01, Lot 5 Addonizio/Grasso
TIMOTHY J. SKINNER – BA#9-2001
Block 258, Lot 7 Addonizio/DeSarno
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MINUTES TO BE APPROVED: Mr. Grasso moved to approve the minutes of the Regular Meetings and Workshop Session of December 6, 200, April 4, 2001 and April 11, 2001. Mr. Addonizio 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 12:10 P.M.
Respectfully submitted,
Betty Schinestuhl
Acting Recording Secretary