ZONING BOARD OF ADJUSTMENT
MINUTES OF THE REGULAR MEETING
JUNE 4, 2003
The Regular
Meeting of the Wall Township Board of Adjustment was called to order by
Chairman Clayton at 7:50 P.M. Members
present were Chairman Clayton, Mary DeSarno, James Gray, Wilma Morrissey,
Anthony Rembiszewski, Dominick Cinelli, alternates Bob Kerr and Wayne Palmer, Attorney
Hirsch, Planning Coordinator Roberta Lang, Recording Secretary Betty
Schinestuhl, Engineer Gerken, 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 #BA13-2003
Date application
complete: April 21, 2003
APPLICANT: JOANNE CILENTO
PROPERTY: 1604 Clinton Avenue, Block 112, Lot 3,
R-7.5 zone
RELIEF
REQUESTED: Bulk
Attorney Hirsch reviewed the file and stated the Board had jurisdiction
to proceed.
Sworn by Reporter Arnone: Joanne
Cilento
Ms. Cilento said she is proposing to add a garage, bathroom and wet room. The addition will be 15 X 26.
Attorney Hirsch stated you are requesting variances for building
coverage, impervious coverage and front yard set back. There are non-conformities already on the
lot.
Ms. Cilento said she has spoken to all the neighbors and no one has any
objections. The existing driveway would
be dug up. The new driveway would be on Maple.
Chairman Clayton asked if the garage would face Maple. Ms. Cilento said yes.
Mrs. Morrissey asked if Ms. Cilento was taking down all the trees. Ms. Cilento said yes, the holly tree and
three fir trees have grown out of control.
Mrs. Morrissey asked if there was any landscaping planned. Ms. Cilento said yes.
Mr. Gray said according to Mr. Gerkens review letter of May 30, 2003
there is a section that states you must have two off site parking spaces. Will you have room for the two spaces? Ms.
June 4, 2003 Page
2
Cilento said the driveway will hold another car. Mr. Gray asked how long the driveway is. Ms. Cilento said 21. It is 21 to the street.
Ms. Cilento said there is a porch that extends from the house. Mr. Gray asked if the garage will be flush
with the house on the Maple side. Ms.
Cilento said yes. Mr. Gray said he just
wants to make sure there is enough room to park a car in the driveway.
Chairman Clayton said the off street parking must be on your property. He
asked if Ms. Cilento would move the garage back a little. Ms. Cilento agreed. Mr. Gerken said they should go back about
4Ό.
Mr. Gray asked where the wet room would be. Ms. Cilento said it would be 6 X 15 and it would be in the back
where the entrance to the garage is.
Mr. Gray asked where the door for the wet room would be. Ms. Cilento said in the very back.
Mrs. DeSarno asked Ms. Cilento if she is agreeing to 4 less on the
garage. Ms. Cilento said yes.
Mrs. DeSarno asked if Ms. Cilento would be installing sidewalks and
curbs. Ms. Cilento said yes. Mr. Gerken said they would have to put in an
apron.
Ms. Morrissey said across the street the house is close to the
street. She asked who was closer, the
house across the street or Ms. Cilentos house. Ms. Cilento said they are closer.
Mr. Gray asked if any buffering or trees were being proposed along
Clinton. Ms. Cilento said yes.
Chairman Clayton asked how far the house behind Ms. Cilentos was from
the road. Ms. Cilento said their house
begins where my house starts and they have a porch. The middle of their living room is where my house starts.
Attorney Hirsch asked if the house on lot 532 was closer to the
road. Ms. Cilento said it is more than
5 closer. Mr. Gerken said based on the
drawing it is about 7 closer.
Chairman Clayton asked if the addition was going to be one story. Ms. Cilento said yes.
The application was open and closed to the public.
Ms. Cilento said she has lived in the house for a while and she doesnt
want to move. She also stated she could
not live in the house any longer without a garage.
Mrs. DeSarno moved to approve the application subject to moving the
garage back 4 and additional plantings along Clinton Avenue to block some of
the garage. Mrs. Morrissey seconded the
motion which was unanimously approved by a roll call vote. (Mesdames. DeSarno, Morrissey, Messrs.
Palmer, Gray, Rembiszewski, Cinelli and Clayton voted yes.)
CASE #15-2003 Date application complete: April 29, 2003
June 4, 2003 Page
3
APPLICANT: ROBERT J. STACKLES
PROPERTY: 5093 Arnold Avenue, Block 922, Lot 24,
R-20 zone.
RELIEF REQUESTED: Bulk variance
Attorney Hirsch reviewed
the file and stated the Board had jurisdiction to proceed.
Sworn by
Reporter Arnone: Robert
Stackles
Mr. Stackles
stated he has two letters from the adjoining property owners stating they are
not willing to sell any of their property.
The letters refer to block 922, lots 23 & 25.
Attorney Hirsch
asked if Mr. Stackles personally sent the letters out. Mr. Stackles said he delivered them personally
and the neighbors signed for them.
Entered into
evidence:
A-1 Plot plan
A-2 Letter to adjoining property owner block
922, lot 23
A-3 Letter to adjoining property owner block
922, lot 25
Attorney Hirsch
said the two letters state that the neighbors do not want to sell part of their
property. You also need them to say
they do not want to buy your lot.
Mr. Stackles
explained the property has been for sale for a long time. If they wanted to buy it they could
have. Attorney Hirsch asked if the property
was listed with a realtor. Mr. Stackles
said yes, two years with Diane Turton.
Attorney Hirsch asked if there were any other offers on the property. Mr. Stackles said he did not know, not to
his knowledge.
Mr. Stackles
explained the house will meet all setback requirements. There are four trees in the center area of
the lot that need to be removed. The
60 spruces out front will stay.
Attorney Hirsch
asked if Mr. Stackles knew the history of this lot. Mr. Stackles said there was a two story dwelling on this
lot. The slab and existing shed that is
on the survey will be removed. The home
that was on the property was demolished some ten years ago.
Mr. Palmer asked
where the 4th shed was. Mr.
Stackles said in the center of the lot.
It was removed before this survey was done. Mr. Stackles said he has a letter in support of another home
being on the lot.
Attorney Hirsch
asked if Mr. Stackles had a title report.
Mr. Stackles said it has a clear title.
Attorney Hirsch
asked when the lot was created by a subdivision. Mr. Stackles said the August 3, 1990 survey states they cannot
find anything stating when the subdivision was done.
June 4, 2003 Page
4
Entered into
evidence:
A-4 Survey dated August 3, 1990
Attorney Hirsch asked
what type of house will be built. Mr.
Stackles said a two story house. It
will be very cottagey. It will be 1900
s.f.
Attorney Hirsch
asked Mr. Stackles to compare it to other homes in the neighborhood. Mr. Stackles said some are larger and some
are smaller. Attorney Hirsch asked if
there were other two story homes on the block.
Mr. Stackles said yes, there is one right next door. There are several around the corner.
Mr. Cinelli
asked if it will be built on a slab or will it have a basement. Mr. Stackles said there is a possibility
that there will be a basement. He said
he has to see what kind of soil is there.
Mr. Cinelli said
the house will be 1900 s.f. He asked if
there will be an open room over the garage.
If it is it would add to the 1900 s.f.
Mr. Stackles said yes.
Chairman Clayton
asked if there was a home on lot 28.
Mr. Stackles said yes and he is in favor of this.
Mr. Stackles
said the lot is an irregular lot.
Mr. Gerken said
he has no issues. The house will be
fully conforming. This will be one of
the nicest homes in the area. There are
no drainage issues. A grading plan must
be submitted when the building permits are applied for.
Chairman Clayton
asked Mr. Stackles if he was building this house to sell. Mr. Stackles said no he is going to live
there.
The application
was open to the public.
Mark Ferrara,
5095 Arnold Avenue, was sworn. Mr.
Ferrara said he is testifying on Mr. Stackles behalf. The lot has been deterrent.
The proposed house will be conforming to the house next door. This will add value to the
neighborhood.
Attorney Hirsch
asked Mr. Ferrara if he was interested in purchasing this lot. Mr. Ferrara said no.
Attorney Hirsch
said the two issues that came up were if the adjoining property owners on lot
23 and lot 25 were interested in purchasing the property. We have heard from the property owner on lot
25. If this application is approved
there will be a condition that we receive a letter from the owners of lot 23
stating they do not want to purchase the lot.
Also there will be a condition that the applicant gets a copy of the
title search.
June 4, 2003 Page
5
Mr. Rembiszewski
said there are issues on this application.
He asked if the Board was going to vote on this tonight. Attorney Hirsch said yes, there will just be
a condition that the adjoining property owner states they have no interest in
purchasing the property.
Mr. Cinelli
moved to approve the application subject to the home to be constructed will be
no larger than 1900 s.f., a title search be disclosed to this Board to make
sure the lot was created and a statement from the owner of lot 23 stating they
do not want to purchase lot 24. Mrs.
DeSarno seconded the motion which was unanimously approved by a roll call
vote. (Mr. Cinelli, Messrs. DeSarno,
Messrs. Palmer, Gray, Mrs. Morrissey, Messrs. Rembiszewski and Clayton voted
yes.)
Case #14-2003 Date application complete: April 25, 2003
APPLICANT: THOMAS AND ANNE MOONAN
PROPERTY: 1910 Sherwood Drive, Block 795, Lot 6,
R-40 zone
RELIEF REQUESTED: Bulk variance
Attorney Hirsch
reviewed the file and stated the Board had jurisdiction to proceed.
Sworn by
Reporter Arnone: Anne
Moonan
Thomas
Moonan
Entered into
evidence:
A-1 Booklet - description of fence photos of
similar fence photos of property with similar fence
Mrs. Moonan
explained the first picture in the booklet is a picture of her yard taken from
Hiddenbrook Drive. She stated she is
requesting a variance for a 5 fence. She
explained her side yard is also a front yard.
She stated they need the fence to contain their pets. She said they have an invisible fence. It works 99% of the time. On April 12, 2003 the dogs got out. A neighbor filed a complaint and we had to
go to court. We had to pay a fine. The fence around the backyard would be the
insurance this wont happen again. A 4
fence would not contain the dogs. We
are asking for a variance for a 5 fence.
Mrs. Moonan said the next picture shows what the fence will look
like.
Attorney Hirsch
asked if the fence would be open. Mrs.
Moonan said you will not see the fence.
She explained there are a lot of trees that will hide the fence from the
street.
Mr. Moonan said
they have 10 Norway spruces along Hiddenbrook Drive. Attorney Hirsch asked how far back the property line would be
from the fence. Mr. Moonan said a good
10.
Mrs. Moonan said
the next photo was taken of the backyard from the house. There is a chain line fence all along the
back.
June 4, 2003 Page
6
Mr. Palmer asked
how many feet off the street are the trees.
Mr. Moonan said a little less than 20.
Mr. Palmer asked
if the applicant would consider putting the fence behind the trees. Mr. Moonan said that is what we planned to
do. We plan on putting the fence on the
inside of the tree line.
Chairman Clayton
asked how many feet off the street. Mr.
Gerken said from the curb to the property line is 7. Mr. Moonan said it would be less than 10.
Mr. Palmer said
there is a nice natural space between the trees.
Mr. Cinelli asked
if there will be buffering to offset the black chain link fence or will it be
exposed. Mrs. Moonan said most of it is
buffered. She showed a photo of the
fence they are looking at. She said she
does not know if they are going to have the spikes on the top.
Mrs. Moonan
explained the next photo shows some of the neighborhood with fences. The final photo shows another fence in the
neighborhood.
Mrs. DeSarno
asked basically your home will look like the photo. The fence will be behind the tree line on Hiddenbrook. Mrs. Moonan said you wont even see that
much of the fence.
Mr. Gray said he
went out and looked at the property. He
said there is a pretty solid buffer of trees.
A fence behind those trees will be hid very well.
Mrs. Moonan said
they would like to put the fence behind the trees on the garage side. There is a row of trees at the edge of the
house. Should we cut through there or
go around the back of those trees as well.
Mr. Kerr said he would think behind the trees would be best.
Mr. Palmer said
there are a number of different types of fences on the last page. He asked if the applicant had made a final
decision. Mrs. Moonan showed the Board
the one in the catalog that they would prefer.
Entered into
evidence:
A-2 Photo of fence from catalog
Mrs. DeSarno
said the fence the applicant is proposing is very attractive.
The application
was open and closed to the public.
Mr. Gray moved
to approve the application for a 5 fence along Hiddenbrook Drive which must be
behind the trees. Mrs. Morrissey
seconded the motion, which was unanimously approved by a roll call vote. Attorney Hirsch stated the survey must be
amended to show where the fence will be.
Mr. Moonan agreed. (Mr. Gray,
Mrs. Morrissey, Messrs. Palmer, Rembiszewski, Cinelli, Mrs. DeSarno and Mr.
Clayton voted yes.)
June 4, 2003 Page
7
MINUTES TO BE ADOPTED: Mr.
Gray moved to approve the minutes of the Workshop and Regular Meetings of April
16, 2003 and May 7, 2003. Mrs. Morrissey
seconded the motion which was unanimously approved.
RESOLUTIONS TO BE MEMORIALIZED:
CHARLES &
MARY WOLFE BA#5-2003
Block 826.01,
Lot 4 Gray/Rembiszewski
GLENN HOGAN
BA#8-2003
Block 334, Lot
32 Morrissey/Gray
RISA HALPRIN
BA#4-2003
Block 16, Lot 53 Rembiszewski/Morrissey
WILLIAM &
JANET CUSICK BA#10-2003
Block 799, Lot
36 Morrissey/Rembiszewski
ATHANASSIOS
BATALAS BA#12-2003
Block 908/ Lots
3 & 5 Gray/Morrissey
C & S CUSTOM
BUILDER BA#9-2003
Block 766, Lot
25 Rembiszewski/Gray
There being no
further business to come before the Board, a motion was made, seconded, and
unanimously approved to adjourn the meeting at 9:30 P.M.
Respectfully
submitted,
Betty Schinestuhl
Recording
Secretary