TOWNSHIP OF WALL

ZONING BOARD OF ADJUSTMENT

MINUTES OF THE REGULAR MEETING

HELD IN THE MUNICIPAL MEETING ROOM

MAY 7, 2003

 

 

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, Wilma Morrissey, Anthony Rembiszewski, Ralph Addonizio, James Gray, Attorney Hirsch, Planning Coordinator Roberta Lang, Recording Secretary Betty Schinestuhl, Engineer Hoover, Planner Bergailo and Reporter Arnone.

 

SALUTE TO THE FLAG

 

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.

 

NEW APPLICATIONS

 

CASE #BA4-2003 – Date application complete:  February 27, 2003.

 

APPLICANT: RISA HALPRIN

 

PROPERTY: 1001 Curtis Avenue, Block 16, Lot 53, R-7.5 zone.

 

RELIEF REQUESTED: Use & Bulk

 

Sworn by Reporter Arnone:                  Risa Halprin

Alan Halprin

 

Attorney Hirsch reviewed the file and stated the Board had jurisdiction to proceed.

 

Mr. Halprin said they are requesting an opportunity to expand the home by putting a second floor over the first floor footprint.  He said they exceed the requirement for square footage because of the size of the lot so we are requesting a variance.

 

Attorney Hirsch asked if there were two dwellings on this lot.  Ms. Halprin said yes.

 

Attorney Hirsch asked what dwelling the addition will be on.  Ms. Halprin said the front house.  The house fronts on Curtis Avenue.  Attorney Hirsch asked if the second dwelling was occupied and rented.  Ms. Halprin said yes.  Attorney Hirsch asked if Ms. Halprin resides in the front house.  Ms. Halprin said yes. 

 

Attorney Hirsch asked if a porch would be added to the house.  Ms. Halprin said they did away with the porch. 

 

Attorney Hirsch asked what is on lot 51.  Ms. Halprin said another home.  Attorney Hirsch asked how far that house sets back from the side property line.  Mr. Halprin said about 20’ – 25’. 


May 7, 2003                                                                                                                Page 2

 

Attorney Hirsch asked if it was set back the same or further than the subject house.  Ms. Halprin said it sets back just a little further, not much. 

 

Attorney Hirsch asked what is on the other side.  Ms. Halprin said on lot 56 there is a house.  The lot is a double lot.  That house is closer to “K” Street.  Attorney Hirsch asked how far back is it from the property line.  Mr. Halprin said 30’ – 40’. 

 

Attorney Hirsch asked what type of house is on lot 51.  Ms. Halprin said a two-story.  Attorney Hirsch asked what type of house is on lot 56.  Ms. Halprin said a one-story. 

 

Attorney Hirsch asked what the square footage of the existing house is.  Mr. Halprin said 950 s.f.  Attorney Hirsch said you are adding another 950 s.f. and it exactly meets the footprint.  Ms. Halprin said yes.

 

Mrs. Morrissey asked if the main house was one family.  Ms. Halprin said yes.

 

Mrs. Morrissey asked why the addition.  Ms. Halprin said for more room.

 

Attorney Hirsch said the engineer’s report states the square footage to be 1,120.  He asked Mr. Hoover if that was based on the porch also being added.  Mr. Hoover said yes the 1,120 s.f. includes the porch. 

 

Mr. Gray asked if Ms. Halprin was going to demolish the house.  Ms. Halprin said no.

 

Mrs. DeSarno said on the survey it shows an oil tank going over to your neighbor’s property.  Mr. Halprin said there is no oil tank on this property.

 

Entered into evidence:

 

A-1      Survey

 

Mr. Gray asked if the middle shed was still there.  Ms. Halprin said no.  There is a shed closer to lot 55.

 

Chairman Clayton asked if the siding is going to match.  Ms. Halprin said yes.  Chairman Clayton asked about the roof.  Ms. Halprin said it will all match.

 

Chairman Clayton, referring to the Mr. Gerken’s review letter of April 11, asked if a variance for building coverage is still needed.  Ms. Bergailo said the coverage issue stems from the porch.  If they remove that they are not increasing the coverage.  The variance is no longer needed.

 

Chairman Clayton asked if the applicant was asking for a bulk variance.  Mr. Hoover said no, just a use variance.

 

Mrs. Morrissey asked if there were any other two-story homes in the neighborhood.  Ms. Halprin said there are a lot new houses and they are larger. 


May 7, 2003                                                                                                                Page 3

 

Attorney Hirsch, referring to A-1, dated November 12, 1999 said if you look at the old survey the oil tank is 4.9’ over the property line.  On the new survey it is no longer there.  That issue has nothing to do with this application.  That has to do with the two property owners.  There is no encroachment. 

 

Ms. Bergailo asked if the tree next to the driveway was going to be saved.  Ms. Halprin said that tree has been an issue with the power company.  It has to come down.  We will plant additional trees after the addition is finished.

 

The application was open and closed to the public.

 

Mr. Addonizio moved to approve the application as applied for.  Mrs. Morrissey seconded the motion, which was unanimously approved by a roll call vote.  (Mr. Addonizio, Mrs. Morrissey, Messrs. Gray, Rembiszewski, Mrs. DeSarno and Mr. Clayton voted yes.)

 

8:00 P.M. Ms. Bergailo left the meeting. 

 

CASE #8-2003 – Date application complete: March 25, 2003.   

 

APPLICANT: GLENN HOGAN        

 

PROPERTY: 1111 Narrumson Road, Block 334, Lot 32, R-7.5 zone

 

RELIEF REQUESTED: Bulk variance

 

Attorney Hirsch stated jurisdiction was accepted at the last meeting. 

 

William Wilson, Esq. appeared for the applicant.

 

Mr. Benedict Harrington III, Contractor, was sworn.

 

Entered into evidence:

 

Entered into evidence:

 

A-1      Photos

A-2      Photos

 

Attorney Wilson described the photos.  A-1 is the front view of the subject property and the driveway of the neighboring home.  It is the home to the left.  A-2 is a photo of the subject property taken from the right corner.  It shows the existing concrete pad and also the trees.  The two photos to the left show the distance between the applicant’s property and the neighboring property.

 

Mr. Harrington said he is a manager for Joe Hurley Heating & Cooling.  He has been in the business for 21 years.  The Board accepted Mr. Harrington’s credentials.


May 7, 2003                                                                                                                Page 4

 

Mr. Harrington stated he is familiar with the photos.  The photos show the condition of the property.  Mr. Harrington said he designed the heating and air conditioning system.  It will be a forced air furnace with an air conditioning system. 

 

Attorney Wilson asked Mr. Harrington to describe where the units will be installed.  Mr. Harrington explained the furnace will be situated on the pad in the shed.  The pad is 6’ X 7’.  The unit for the furnace will be 14” wide, 28” deep and 34” high.  This is the smallest unit that can be installed for this home.

 

Attorney Wilson asked Mr. Harrington to rate the noise.  Mr. Harrington said this system has the lowest rating there is. 

 

Attorney Wilson asked if the trees would be a buffer.  Mr. Harrington said yes.

 

Attorney Hirsch asked about setbacks.  Mr. Harrington said the pad will be 3’ from the house.  Attorney Hirsch asked if it will be 6.5’ from the side property line.  Mr. Harrington said yes.

Attorney Hirsch asked how high the shed is.  Mr. Harrington said 8’. 

 

Mrs. Morrissey asked if the system could be placed elsewhere.  Why that location?  Mr. Harrington said the location was picked by the applicant.  There is no room in the crawl space.  There is no attic space.  That is the only place that it can be put. 

 

Attorney Hirsch asked how close the house on the adjoining lot to the shed is.  Mr. Harrington said it is about 16’ – 20’ from the property line. 

 

Mr. Harrington said the trees are old and there is no gap.  He said you will not be able to see the shed at all.  Attorney Hirsch asked if the trees needed to be trimmed.  Mr. Harrington said no.  The entrance to the shed is from the house.  The entrance is from the inside not the outside.

 

Chairman Clayton asked if the unit will be in the front or rear.  Mr. Harrington said wherever the Board wants it.  Chairman Clayton said to put it to the rear for esthetics.  Mr. Harrington agreed.

 

Chairman Clayton said it will be 4’ from the property line.  Mr. Harrington said 6.5’.

 

Chairman Clayton asked if the flute pipe will go through the roof.  Mr. Harrington said yes.

 

Chairman Clayton asked if there will be any windows or doors.  Mr. Harrington said it will be solid on all three sides. 

 

Chairman Clayton asked if the spruce trees are Mr. Hogan’s.  Attorney Wilson said the survey shows them on the neighbor’s property. 

 

Attorney Hirsch said if for some reason the neighbor takes down those trees then Mr. Hogan could plant additional buffering but how would you enforce that.  Mr. Harrington suggested a fence around the unit.  Attorney Wilson said the trees look very substantial.  He said he does not think those trees are going to go anywhere.


May 7, 2003                                                                                                                Page 5

 

The application was open and closed to the public.

 

Attorney Wilson asked to have the application amended to include the condensing unit.

 

Mr. Addonizio moved to approve the application as applied for.  Mrs. DeSarno seconded the motion which was unanimously approved by a roll call vote.  (Mr. Addonizio, Mrs. DeSarno, Mr. Gray, Mrs. Morrissey, Messrs. Rembiszewski and Clayton voted yes.)

 

Case #12-2003 – Date application complete: March 15, 2003. 

 

APPLICANT: ATHANASSIOS BATALAS

 

PROPERTY: 5110 Highway 33 West, Block 908, Lots 5 & 3, HB-40 zone. 

 

RELIEF REQUESTED: Bulk variance  

 

Sworn by Reporter Arnone:                  Margaret Batalas

                                                            Athanassios Batalas

 

Ms. Batalas stated due to a fire that occurred on April 11, 2003 in order to conduct business we are applying for a variance for a temporary trailer.  The trailer is 10’ X 50’.  It’s located in the rear of the original building.  The rebuilding could take from three to four months. 

 

Attorney Hirsch asked what is in the trailer.  Ms. Batalas said there are offices with phones, computers, etc.  Mr. Batalas said there is a garage on the property and that will be used for storage. 

 

Mr. Rembiszewski asked how many people will be in the trailer.  Mr. Batalas said four.  Ms. Batalas said there are no customers.  The employees come in and out.  There will only be myself and a secretary.

 

Mr. Rembiszewski asked if it will be open during normal business hours.  Ms. Batalas said yes.

 

Mrs. Morrissey asked if the trailer was in use now.  Ms. Batalas said yes. 

 

Mr. Gray asked when the trailer will be moved.  Ms. Batalas said they are leasing the trailer from Hecht trailer.  They have leased it for three months.  It will be removed immediately.  The trailer has all alarms and it is fully insured.  The trailer is OSHA approved and it is tied down.

 

Mr. Gray asked after the trailer is removed what that spot will be used for.  Ms. Batalas said they will plant grass there.

 

Chairman Clayton asked if the applicant has the proper permits.  Ms. Batalas said yes.

 

The application was open and closed to the public.


May 7, 2003                                                                                                                Page 6

 

Mrs. Morrissey moved to approve the application.  The trailer must be moved within 15 days of receiving a C.O.  Mr. Rembiszewski seconded the motion, which was unanimously approved by a roll call vote.  (Mrs. Morrissey, Messrs. Rembiszewski, Gray, Addonizio, Mrs. DeSarno and Mr. Clayton voted yes.)

 

Chairman Clayton stepped down on the Wolf application.

 

CARRIED APPLICATION

 

CASE #BA5-2003 – Date application complete: March 3, 2003.  Carried from April 2, 2003

 

APPLICANT: CHARLES & MARY WOLF

 

PROPERTY: 2134 First Avenue, Block 826.01, Lot 4, R-20 zone

 

RELIEF REQUESTED: Bulk variance

 

Attorney Hirsch reviewed the file and stated the Board had jurisdiction to proceed.

 

Sworn by Reporter Arnone:                  Charles Wolf

 

Mr. Wolf explained he was before the Board about a month ago for approval for an addition to the rear of his home.  Mr. Wolf explained he has looked at most of the existing homes that were built between 1942 and 1970.  Out of 13 homes seven are on the property line or too close to the property line. 

 

Entered into evidence:

 

A-1      Map showing properties that do not conform to zoning

 

Attorney Hirsch said when Mr. Wolf was first before the Board the addition was 34’ X 20’.  Mr. Wolf said it has been reduced.  He is using part of the original house.  The addition will be 34’ X 16’. 

 

Mr. Wolf explained there was a problem at the first hearing because the garage was not on the original survey.  He said the size of his lot is 9,375 s.f. and in the engineer’s report it said 6,250 s.f.  The lot is 9,375 s.f. 

 

Attorney Hirsch explained this application was heard and voted upon.  There was some question as to the accuracy of the survey.  The garage was not on the survey.  The applicant is continuing the application.  He has now corrected his testimony.  He advised the Board to regard the first hearing as part of this testimony. 

 

Mr. Addonizio asked if the size of the addition was smaller than previously presented.  Mr. Wolf said yes it is actually 16’ X 34’.  4’ already exists. 


May 7, 2003                                                                                                                Page 7

 

Mr. Addonizio stated the Board was looking at a smaller lot at the first hearing.  This is a better application.  The numbers are different and it makes it better.

 

The application was open and closed to the public.

 

Mr. Addonizio moved to approve the application as requested.  Mr. Gray seconded the motion, which was unanimously approved by a roll call vote.  (Messrs. Addonizio, Gray, Rembiszewski, Mesdames Morrissey and DeSarno voted yes.)

 

Chairman Clayton returned to the meeting.

 

RESOLUTIONS TO BE MEMORIALIZED:

 

JAMES & DIANE BARNES – BA#3-2003

Block 128, Lot 1                                                                      DeSarno/Rembiszewski

 

MEREDITH & MICHAEL SHARIN – BA#2-2003

Block 917.01, Lot 86                                                               DeSarno/Morrissey

 

The Barnes and Sharin resolution were adopted by title only.  They were posted on the Township’s bulletin board.

 

MICHAEL OPPEGAARD – BA#7-2003

Block 355, Lot 4                                                                      Morrissey/DeSarno

 

A condition will be added to the Joseph Palughi application.  The garage is to be on the south side of the house and there is to be no second story over the garage.

 

JOSEPH PALUGHI – BA#1-2003

Block 60, Lot 77 & 79                                                 Gray/DeSarno

 

BERNADETTE COATES – BA#6-2003

Block 804.01, Lot 6                                                                 Morrissey/Rembiszewski

 

Attorney Hirsch stated an open fence is allowed in the site triangle.  Someone from Mr. Gerken’s office will have to go and verify that the fence is open, if not the resolution for Bernadette Coates will have to be amended.  Mr. Hoover said it looks like it is not going to be a problem.  He will go out and check.

 

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