ZONING BOARD OF ADJUSTMENT
MINUTES OF THE REGULAR MEET
MAY 15, 2002
The Regular
Meeting of the Wall Township Board of Adjustment was called to order by Vice Chairman
DeSarno at 7:30 P.M. Members present
were Chairman Clayton, Vice Chairman DeSarno, Dennis Noorigian, Ralph
Addonizio, Dominick Cinelli, Anthony Rembiszewski, first alternate Mark Brosnan,
second alternate Wilma Morrissey, Attorney Hirsch, Planning Coordinator Pam
DAndrea, Recording Secretary Betty Schinestuhl, Engineer Glenn Gerken and
Court 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
announced a few appointments will be made this evening. He stated Jim Gray has been appointed Alternate
No. 2 and Wilma Morrissey has been moved to regular member.
Attorney Hirsch
read the resolution appointment Glenn Gerken, Bay Pointe Engineering as the
Board Engineer for the year. Mr.
Noorigian moved to adopt the resolution.
Mr. Addonizio seconded the motion which was unanimously approved. (Messrs. Noorigian, Addonizio, Mrs.
Morrissey, Messrs. Gray, Rembiszewski, Cinelli, Addonizio, Noorigian, Mrs.
DeSarno and Mr. Clayton voted yes.)
Chairman Clayton
announced the application for George Mueller has been carried to July 10,
2002. They must renotice.
CASE #BA8-2002
Date application
complete: March 15, 2002
APPLICANT: FRANK
AND LISA CARUSO
PROPERTY: 3200
Atlantic Avenue, Block 826, Lot 23, R-20 Zone
RELIEF
REQUESTED: Bulk variance
Attorney Hirsch
reviewed the file and stated the Board had jurisdiction to proceed.
Frank and Lisa
Caruso were sworn.
Entered into
evidence:
May 15, 2002 Page
2
A-1 Packet of documents containing photos of
property and various information
(Seven pages)
Mrs. Caruso
stated she and her husband live in a century home in Allenwood. She stated they would like to connect their
side porch to a new roofed porch extending to the front. She stated they do not meet the
setbacks. She said her lot is
considered a corner lot. She said it is
on a bend. She said there was a front
porch there at one time but it was removed.
She said they would be returning the house to a very common style.
Attorney Hirsch
asked Mrs. Caruso to describe what was on the adjacent property. Mrs. Caruso said on one side there is the
rear of the property on Castleton. She
said the other side faces a side yard.
She said there is a home there.
Attorney Hirsch
asked if the porch will be in line with the other homes. Mr. Caruso said from the end of their house
it is 75 to the property line of their neighbors.
Attorney Hirsch
asked if they line up both houses is the neighbors house back further. Mr. Caruso said if it is back further it is
not very much. He said maybe a few
feet. Mr. Gerken said there is a large
separation between houses. He stated
the other house is a new subdivision.
He said that house is about 10 back from the roadway.
Attorney Hirsch
asked for the dimensions of the new porch.
Mr. Caruso said it will be 8 out from the house and 29 long.
Attorney Hirsch
stated 14.01 from the front property line.
Mr. Caruso said that is correct.
Mr. Addonizio
asked where the steps will be. Mr.
Caruso said in the front. He said that
is not included in the 8. He said the
steps are only coming out an additional 48 from where they are now.
Mrs. Morrissey
asked about landscaping. Mrs. Caruso said
they will replace whatever is going to be removed.
Mr. Addonizio
asked if the application has to be amended because of the steps. Mr. Gerken said no, the steps are
allowed. Attorney Hirsch said he will
make that clear in the resolution.
Mr. Addonizio
said he visited the site. He said he
lives in the area. He said he thinks
what they are proposing would fit the characteristic of the neighborhood.
Vice-Chairman
DeSarno asked how far the existing porch comes out. Mr. Caruso said 8. He
said it will wrap-around and become one.
Mr. Gerken said
he has no problems with the application.
He stated there are no grading issues.
May 15, 2002 Page
3
The application
was open and closed to the public.
Mrs. Morrissey
moved to approve the application. Mr.
Addonizio seconded the motion, which was unanimously approved by a roll call
vote. (Mrs. Morrissey, Messrs.
Addonizio, Rembiszewski, Cinelli, Noorigian, Mrs. DeSarno and Mr. Clayton voted
yes.)
8:00 P.M. Mr.
Brosnan left the meeting.
CASE #BA-14-2002 Date application complete: April 23, 2002
APPLICANT: ROYCE WINSTEN
PROPERTY: 1495 Jusmar Drive, Block 263, Lot 11.08,
R-30 Zone
RELIEF REQUESTED: Bulk variance
Attorney Hirsch reviewed
the file and stated the Board had jurisdiction to proceed.
Timothy B.
Middleton, Esq. appeared for the applicant.
Attorney
Middleton explained the applicant lives on Jusmar Drive. He said the house fronts on Jusmar Drive. The applicant would like to obtain
permission for a 6 fence. Attorney
Middleton stated they have photos of the type of fence the applicant would like
to install. He said they also have
photos of trees and shrubs the applicant would plant.
Entered into
evidence:
A-1 Photos (5)
Royce Winsten
was sworn.
Mr. Winsten said
he lives at 1419 Jusmar Drive. He said
he moved in in October 2001.
Attorney
Middleton asked if Mr. Winsten had two front yards. Mr. Winsten said yes.
Attorney
Middleton said there are 8 9 homes in the development. Mr. Winsten said that is correct.
Attorney Middleton
asked if he lived on a cul-de-sac. Mr.
Winsten said yes.
Attorney
Middleton asked if his rear yard was on Sea Girt Avenue. Mr. Winsten said yes.
Attorney
Middleton said the applicant is seeking permission to install a 6 fence on Sea
Girt Avenue. He asked Mr. Winsten how
far in the fence would be. Mr. Winsten said
it would be 7
May l5, 2002 Page
4
onto his
property. Mr. Winsten said he has
planted a number of white pines. He
said the fence would be behind those trees.
Attorney Middleton
asked what type of fence Mr. Winsten was installing. Mr. Winsten said it will be a white England style fence. Mr. Winsten said he is installing the fence
for privacy.
Attorney
Middleton asked if Mr. Winstens neighbors had fences. Mr. Winsten said yes, they run along Sea
Girt Avenue.
Attorney
Middleton asked if this would be consistent with the neighborhood. Mr. Winsten said yes.
Mrs. Morrissey
confirmed that on one side the neighbors fence is natural and on one side the
fence is white. Mr. Winsten said the
neighbor to the east is natural and the neighbor to the west is white. He said his would be white.
Vice Chairman
DeSarno asked if the fence would be setback the same as his neighbors. Mr. Winsten explained one of his neighbors
has a fence that is about 20 in from his property line and then a chain link
fence on his property line.
Chairman Clayton
asked if he would line up with his neighbor to the east. Mr. Winsten said no. He said his is 15 from the property
line.
Attorney Hirsch
asked if he would line up with any of his neighbors. Attorney Middleton said he would be consistent with lot
11.09.
Chairman Clayton
asked how far the fence would be from the road. Mr. Winsten said about 22.
Mr. Gerken
suggested that it would be nice if all the fences could match up.
Attorney
Middleton stated the applicant has put in some buffering. He said the fence would be hidden. Mr. Winsten said he put in white pines and
they will grow very densely.
The application
was open and closed to the public.
Mr. Addonizio moved
to approve the application. Mrs.
Morrissey seconded the motion, which was unanimously approved by a roll call
vote. (Mr. Addonizio, Mrs. Morrissey,
Messrs. Rembiszewski, Cinelli, Noorigian, Mrs. DeSarno and Mr. Clayton voted
yes.)
CASE #BA10-2002 - Date application complete: March 18, 2002
APPLICANT: MATTHEW MECCIA
PROPERTY: 2800 Arthur Street, Block 208, Lot 9,
R-10 Zone
May 15, 2002 Page
5
RELIEF REQUESTED: Bulk variance
Attorney Hirsch
reviewed the file and stated the Board had jurisdiction to proceed.
Timothy B.
Middleton, Esq. appeared for the applicant.
Matthew Meccia
and Richard Carton were sworn.
Attorney
Middleton stated this is an undersized lot case. Mr. Carton will testify that it has been in the family since
1940. He said it has not been combined
with any other lot. He stated zone
ordinances did not come into effect until the 1950s. He said there have not been separate owners since the
1940s.
Richard Carton
gave his credentials which were accepted by the Board.
Mr. Carton
stated he did a title search on Block 208, Lot 9 back to 1948. Mr. Carton gave the history of the
property. Mr. Carton said he also did a
title search on the adjacent lots.
Attorney
Middleton asked if Lot 9 was ever owned by any of the adjoining owners. Mr. Carton said no.
Entered into
evidence:
A-1 Title search report of subject property
and two adjoining properties
Mr. Meccia
stated he is proposing to build a single family home on a 50 X 100 lot. Mr. Meccia stated he has a contract on the
property.
Attorney
Middleton asked if Mr. Meccia sent letters to the adjoining neighbors asking
them to purchase the property. Mr.
Meccia said yes.
Attorney
Middleton read the letters sent to Catherine M. Archer, Thomas Clayton and John
Scurek.
Entered into
evidence:
A-2 Letters to adjacent property owners (3)
Attorney
Middleton asked if Mr. Meccia planned on building a house on this
property. Mr. Meccia said yes.
Attorney
Middleton asked for the square footage of the house. Mr. Meccia said approximately 1,050 s.f.
May 15, 2002 Page
6
Attorney
Middleton asked if it would have a one car garage. Mr. Meccia said yes.
Mr. Meccia
explained he is proposing to build a two story single family home. It will have three bedrooms, one car
attached garage, kitchen, dining room, great room and 2½ baths. Mr. Meccia explained the floor plan of the
proposed home.
Attorney
Middleton asked about buffering. Mr.
Meccia said it has a natural buffer and he plans on planting 6 aver vides.
Attorney
Middleton asked if the driveway will be off of Lincoln. Mr. Meccia said yes. Attorney Middleton asked if it will be 5
off the property line. Mr. Meccia said
yes.
Entered into
evidence:
A-3 3D rendering
Mr. Cinelli
asked for the square footage of the proposed house. Mr. Meccia said it will be a total of 1,748 s.f. including the
garage.
Mrs. Morrissey
asked if this was a wooded lot. Mr.
Meccia said yes. He stated he would
like to leave some trees. He would like
to leave some natural greenery. He
explained where the bedrooms on the second floor would face. Mr. Meccia said he would build the
house. He stated he lives on Arthur
Street. He said the house will fit in
with the character of the neighborhood.
Entered into
evidence:
A-4 Colored rendering
Attorney
Middleton asked Mr. Meccia if he needed a variance for front yard setback. Attorney Middleton explained the proposed
house will be 10 from the street where 30 is required. Mr. Meccia said yes.
Mr. Meccia
stated the home on Lot 8 is 10 from the property line also.
Attorney
Middleton asked if the proposed home would be 24 wide. Mr. Meccia said yes. He said the rear setback would be 15. Attorney Middleton asked if 24 wide was the
smallest he could build. Mr. Meccia
said yes. He said it is the average
size cape cod.
Mr. Meccia
stated the house will front on Arthur Street because the lot is wider.
Attorney
Middleton said the house is 30 from the property line on one side and 10 on
the other side. He stated 12,000 s.f.
lot area is required and Mr. Meccia is providing 5,000 s.f. Mr. Meccia said that is correct.
May 15, 2002 Page
7
Attorney
Middleton said the adjoining neighbors did not offer to buy the property. Mr. Meccia said that is correct.
Attorney
Middleton asked about Mr. Meccia purchasing additional property. Mr. Meccia explained one neighbors lot is a
5,000 s.f. lot and it is undersized.
Mr. Meccia also explained he could not purchase property on the other
side. Mr. Meccia said the one property
has an in ground pool.
Attorney
Middleton asked if there were other lots in the neighborhood that were 50 X
100. Mr. Meccia said yes. Mr. Meccia said there are about five lots
that are 5,000 s.f.
Attorney
Middleton stated, regarding lot depth, 100 is required and you have 50. Mr. Meccia said that was correct.
Entered into
evidence:
A-5 Floor Plans prepared by Richard P. Grasso
containing three pages
A-6 Tax Map
Mrs. Morrissey
asked if Mr. Meccia submitted a grading plan.
Mr. Meccia said no.
Mr. Gerken
explained a grading plan is required, now, prior to obtaining a building
permit.
Mr. Cinelli
asked for the height of the proposed house.
Mr. Meccia said 27 to the ridge.
Mr. Cinelli asked if that was in keeping with the other homes in the
neighborhood. Mr. Meccia said yes.
Chairman Clayton
asked if Mr. Meccia was looking out his front door did it face Camp Evans. Mr. Meccia said yes.
Chairman Clayton
asked if on the adjoining streets there were additional 50 X 100 lots. Mr. Meccia said yes.
Mrs. Morrissey
asked if there were any two story homes on the 50 X 100 lots. Mr. Meccia said the foot print is the same.
Mr. Gerken
stated the applicant gave him all the information needed.
The application
was open to the public.
Shirley Jones,
Lot 11, stated there is a fire hydrant on the corner. She asked how close the proposed house to the fire hydrant is. Mr. Gerken said between 50 54.
May 15, 2002 Page
8
Ms. Jones said
Mr. Meccia said there were 4 5 homes on the block. She said there are only three.
She asked why he said 4 5. Mr.
Meccia said he was going by the tax map.
Mr. Meccia, using the tax map, described the homes in the area.
Attorney
Middleton stated within a ½ block there is one two story home and two one story
homes.
Ms. Jones asked
who was going to live in the home. Mr.
Meccia said his cousin.
Ms. Jones asked
if Mr. Meccias cousin was also in construction. Mr. Meccia said no.
Thomas Clayton,
2804 Arthur Street, asked if approved when construction would begin. Mr. Meccia said as soon as possible.
Mr. Clayton said
during the summer months. Mr. Meccia
said yes.
Mr. Clayton
asked the Board if they have ever approved a similar application. Attorney Hirsch stated he has been the Board
Attorney for 20 years and they have approved multiple applications like this
one. Mr. Clayton asked if there have
been any recently. Attorney Hirsch said
he could not pin point the time frame.
Shirley Jones
was sworn. Ms. Jones stated she has
lived at 2810 Arthur Street for 36 years.
She said she was told she could not build on a 50 X 100 piece of
property. She said she was told she
could not subdivide her property.
Attorney Hirsch explained there is a difference between getting a
subdivision and someone that owns an undersized lot. He explained they are two different things under the law. He explained the difference.
Ms. Jones said
she does not think the variances should be granted. She stated Mr. Meccia has a construction business and the trucks
are always in front of her home. She
said the workers trampled her landscaping.
Mary Ann
Clayton, 2804 Arthur Street, was sworn.
Ms. Clayton said she is not sure this home is for the betterment of the
neighborhood. She said there are only
three homes on that block. She said the
property is very small. She said the
back of the proposed house would be right up next to her yard. She said most of the homes are one
story. She said it seems as though he
is building the largest possible home he can.
Attorney
Middleton said the applicant tried to sell the property. The neighbors chose not to buy. He said it is almost impossible to buy
additional property. He said this is a
classic undersized lot. He said the
house is only 24 wide. It is not that
big. He told of the buffering being put
in by the applicant. He said it fits in
with the scheme of the neighborhood.
The application
was closed to the public.
May 15, 2002 Page
9
Mr. Cinelli
moved to approve the application with the following conditions, the applicant
adhere to the Township Engineers letter of May 15, 2002, the applicant must
provide a landscaping plan to the Township Engineer for approval and the
applicant, during construction, is not to make this a major construction site. Mr. Rembiszewski seconded the motion, which
was unanimously approved by a roll call vote.
(Messrs. Cinelli, Rembiszewski, Mrs. Morrissey, Messrs. Addonizio,
Noorigian, Mrs. DeSarno and Mr. Clayton voted yes.)
MINUTES TO BE ADOPTED: Mr. Noorigian moved to approve the minutes of the study sessions
and regular minutes of April 10, 2002, April 17, 2002 and May 1, 2002. Mrs. DeSarno seconded the motion, which was
unanimously approved.
Mr. Rembiszewski
moved to approve the 2001 annual report.
Mrs. DeSarno seconded the motion, which was unanimously approved.
RESOLUTIONS TO BE MEMORIALIZED:
ARTHUR J. CURTA
BA#6-2002
Block 835, Lot 2 Addonizio/Cinelli
TOM AND LORI
IACONO BA#8-2002
Block 914, Lot 6 Addonizio/DeSarno
LAWRENCE B.
DIGHT BA#9-2002
Block 322, Lots
12 & 13 Addonizio/Cinelli
NANCY AND ROBERT
LEETE BA#4-2002
Block 810, Lot 7 Noorigian/DeSarno
There being no
further business to come before the Board, a motion was made, seconded, and
unanimously approved to adjourn the meeting at 9:20 P.M.
Respectfully
submitted,
Betty
Schinestuhl
Recording Secretary