ZONING BOARD OF ADJUSTMENT
MINUTES OF THE REGULAR MEETING
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.
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