ZONING BOARD OF ADJUSTMENT
MINUTES OF THE REGULAR MEET
JUNE 20, 2001
The Regular
Meeting of the Wall Township Board of Adjustment was called to order by
Chairman Noorigian at 7:30 P.M. Members
present were Chairman Noorigian, Thomas Grasso, Anthony Rembiszewski, first alternate Mark Brosnan, second
alternate Wilma Morrissey, Attorney Thomas Hirsch, Recording Secretary Betty
Schinestuhl, Planning Coordinator Pam D’Andrea, Engineer Gerken, Marty 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.
Mr. Grasso
recognized Attorney Hirsch on winning the Meridian case.
Chairman
Noorigian announced Tower Lodge will be first.
We will listen to this application until 9:00 P.M.
CASE #BA-8-2000:
Date application complete: February 7, 2000. Carried from May 3, 2000, May 17, 2000, September 20, 2000,
January 10, 2001 and April 11, 2001.
APPLICANT:
TOWER LODGE
PROPERTY:
1506 Gully Road, Block 239, Lot 8, R-30 Zone
RELIEF REQUESTED:
Expansion of existing nursing home.
Use Variance and Site Plan.
Thomas
Primavera, Esq. appeared for the applicant.
Chairman
Noorigian stated this application will be heard until 9:00 P.M. and then
carried to the next meeting of July 11, 2001.
Mr. Primavera said he could not make it on July 11, 2001. It will be carried to the next meeting of
July 18, 2001.
Attorney
Primavera explained the facility. The
applicant would like to add additional beds.
The facility was built in 1964 – 1965.
It is on 5 acres of land. It is
zoned R-30. The facility now has 60
beds. The applicant would like to add
an additional 60 beds. The applicant
proposes to eliminate all the larger rooms.
It would enable the applicant to add more recreational facilities for the residents. Attorney Primavera asked the Board to visit
the facility.
7:40 P.M.
Attorney Hirsch announced Mr. Cinelli has joined the Board. Mr. Cinelli will be able to vote on this
application.
Attorney
Primavera said the building is now 23,760 s.f.
It is a single story building.
The proposed building will increase to 42,905 s.f. The impervious coverage would increase. The applicant plans to add buffering. All of the neighbors have been contacted and
asked to visit the facility. They were
also asked how they feel about the application.
June 20, 2001 Page
2
The addition to
the building would be 56’ from the property line. The rear would be 120’ from the property line. The loading area
will be in the rear. The proposed new
building will be more estically pleasing.
The applicant proposes to have two dining rooms and two activity rooms. A gym will also be added. Most of these residents live in Wall
Township. There will be more facilities
for the staff. A lounge and conference
rooms will be added. There will only be
an additional 15 employees. We will
expand parking spaces.
Sworn by
Reporter Kane: Georgette Bieber,
RN
Ms. Bieber is a
corporate nurse. She is an RN. She has been a nurse for 34 years. Ms. Bieber gave her credentials.
Entered into
evidence:
A-1 Board of Adjustment resolution dated March
18, 1964
A-2 As Built Floor Plan
Ms. Bieber gave
a history of Tower Lodge. Ms. Bieber
said there has been the usual upkeep of the building but no large changes. Ms. Bieber stated gerontology has changed in
the past 30 years. She went over the As
Built Floor Plan. The proposed building
is shaped like a T. The proposed plans
add a lobby area, two solariums and additional bedrooms.
Attorney Hirsch
asked Attorney Primavera if he would like Ms. Bieber to testify as an
expert. He said yes. The Board accepted her qualifications.
Ms. Bieber
explained the existing building’s entrance is very small. She also stated that a four bed room is not
adequate.
Mr. Grasso asked
why not put three beds in one room instead of four? Ms. Bieber said they need the beds. They have been turning people away.
Ms. Bieber
explained that the residents eat in the dining area and that room is also used
for activities and family gatherings.
Entered into
evidence:
A-3 Proposed Floor Plan
Mr. Brosnan
asked if the facility has ever been cited for deficiencies? Ms. Bieber said no. She said they must make sure that the
residents are not in the same room all day.
They have to make sure there is a change of scenery.
8:15 P.M. Mr. Clayton arrived.
Mrs. Morrissey
asked how long the present owner has owned the facility. Ms. Bieber said since 1965. Mrs. Morrissey asked if he owned any other
facilities. Ms. Bieber said yes, in
Union, Bayville, Lakewood and Tinton Falls.
June 20, 2001 Page
3
Ms. Bieber
explained what the proposed facility will look like. The dining rooms will be larger.
The entrance would be moved to the north side of the building. The proposed gym would be at the south
side. There will be access from the
east and west sides of the building.
The administrative area will be in the existing structure in the center
of the front of the building. She
explained most of the residents are 75 – 85 years old. The facility provides all types of
care. Some are ambulatory, some walk
with a cane. 71% of the residents are from
Wall Township or surrounding towns. The
facility is now 99% occupied. She
explained the room for physical therapy is very small.
Attorney
Primavera asked if all of the rooms were on one level. Ms. Bieber said yes.
Ms. Bieber said
the proposed facility would have a second floor but the residents would not
have access to that.
Ms. Bieber
explained the care given at the facility.
Attorney
Primavera asked if any residents were dangerous. Ms. Bieber said no.
Mr. Grasso asked
if the facility cared for Alzheimer patients.
Ms. Bieber said yes. Mr. Grasso
asked if any of them have ever gotten out.
Ms. Bieber said not that she knows of.
The doors are alarmed. They wear
a bracelet and when they get near the doors they lock. Mr. Grasso asked what stage of Alzheimer
patients do they care for. Ms. Bieber
said all stages, right up to the end.
She said all residents should have the same care and dignity at the end
of their life. Mr. Grasso asked if they
hurt themselves. Ms. Bieber said
no. They just can’t take care of
themselves.
Mr. Rembiszewski
asked what percentage are Medicare patients.
Ms. Bieber said it fluctuates.
Mr. Rembiszewski
asked who determines if a patient is dangerous. Ms. Bieber said the nurses.
If there is a problem with a patient the Doctor is called
immediately. The Doctor then sends that
resident to the crisis center.
Mrs. DeSarno
asked to have Medicare A and B explained.
Medicare A pays for room, board and meds. Medicare B pays for therapy, etc.
Mr. Grasso
stated the Board of Adjustment resolution of 1964 stated there were 12 acres of
land. What happened to the other seven
acres? Attorney Primavera said there
must have been a subdivision because the facility is now surrounded by
residential homes.
Attorney Hirsch
explained the 1964 resolution. He said
the Board of Adjustment could not approve or disapprove an application they
could only make recommendations to the Township Committee.
Ms. Bieber said
there are 45 employees in a 24 hour period.
There are full and part time employees.
There is no more than 32 employees on site at any given time. Dietary starts at 6:00 A.M. 7:00 A.M. the day nurses arrive. Administration, therapy, housekeeping,
social services, etc. start at 9:00 A.M.
Mrs. Morrissey
asked about the nursing care. Ms.
Bieber said each wing has two nurses and three nurses aides.
June 20, 2001 Page
4
Attorney
Primavera asked about the additional employees for 120 residents. Ms. Bieber said 15 full time, it really
depends on if there will be full or part time employees. There will be 41 employees at peak
hours.
Attorney
Primavera said there will be a total of 72 parking spaces. Attorney Primavera asked how many people are
likely to be at the facility at peak hours?
What happens at holidays?
Ms. Bieber said
holidays are the same as weekends.
There are less employees on the weekends and holidays. Families do not come at the same time. Some are able to take the residents home for
the holidays.
Attorney
Primavera asked about deliveries. Ms.
Bieber said there are 19 vendors. They
use 24’ – 26’ trucks. She stated the
deliver times and size of the trucks would not change, just the amount of
delivery. She said deliveries are made,
usually, between 7:00 – 7:30 A.M. They
only make deliveries when there is someone there to accept the order.
Mr. Grasso asked
about ambulances and medical service trucks.
Ms. Bieber said some of these are prearranged.
Mr. Grasso asked
about using Wall Township emergency vehicles.
Ms. Bieber said they rarely use Wall Township ambulances. They use their own service.
Mr. Grasso
stated he visited the site on February 18 at 1:10 P.M. He had to park in the street. He said he would like to get a tour of the
facility.
Attorney Primavera
invited the Board to come and visit the site and see for themselves the things
they talked about this evening and how they intend to improve the facility.
Chairman
Noorigian announced this application will be carried to July 11, September 5
and September 19, 2001. The applicant
provided waiver of time limits.
The Board
recessed at 9:00 P.M.
The meeting
resumed at 9:15 P.M.
CASE #BA11-2001 Date application complete: March 27, 2001
APPLICANT: VILLAGE GATE ENTERPRISES, INC.
PROPERTY:
2907 Pacific Street, Block 766, Lot 14, R-15 Zone.
RELIEF REQUESTED: Bulk variances requested in order to
build a single family dwelling on vacant land.
Attorney Hirsch
reviewed the file and stated that the Board had jurisdiction to proceed.
Michael Landis,
Esq. appeared for the applicant.
June 20, 2001 Page
5
Sworn by
Reporter Kane: Anthony Farinacci
Attorney Landis
explained two variances are being requested.
Entered into
Evidence:
A-1 Photos of proposed home
A-2 Plot Plan prepared by Thomas Stuart dated
February 22, 2001
A-3 Floor Plan
A-4 – 7 Letters to four adjacent property owners of
lots 19, 15, 13 & 17
Mr. Farinacci
said except for two variances the house will be conforming.
Attorney Landis
went over Mr. Gerken’s letter of June 19, 2001. Mr. Farinacci explained there will be no drainage running onto
the neighbor’s property. It will run
down the street.
Attorney Landis
asked Mr. Farinacci if he tried to purchase additional property. Mr. Farinacci said yes. Attorney Landis stated four certified
letters were sent to the adjoining property owners. They received a reply from just one, the owner of lot 13. They stated they were not interested in
purchasing Mr. Farinacci’s property but would sell their lot for $175,000.
Entered into
evidence:
A-8 Letter from Indyk
Attorney Landis
explained even if the applicant purchased the Indyk property they would still
be deficient.
Mr. Gerken
stated he asked for a modified grading plan.
He said the present grading plan will not work. He needs a modified grading plan showing how
the water is going to get around the house.
Attorney Landis said they will provide Mr. Gerken with that.
Mr. Clayton
stated the other lots appear to be the same size or smaller. He said he did not see where this
application would be a detriment to the neighborhood. Mr. Clayton asked if the other homes are conforming. Mr. Farinacci said the lots are mostly 100 X
100.
Attorney Hirsch
asked if the present owner of this property owned any contiguous property. Attorney Landis said no.
Mr. Grasso asked
if Mr. Farinacci has been before the Board before. Mr. Farinacci said yes concerning a property on Jordan Way. Mr. Grasso said that property had a drainage
problem. Mr. Farinacci said there is no
drainage problem there. Mr. Grasso asked if he could handle the drainage
issue. Mr. Farinacci said yes.
Attorney Hirsch
asked how long the applicant has owned the property. Attorney Landis said since 1946.
The application
was open to the public.
June 20, 2001 Page
6
Mr. Wilson, 2944
Adams Street, was sworn. Mr. Wilson
stated that there is no property within 200’ of the applicant’s that is under
100 X 100. He said his lot is 150’.
Mr. Brosnan
asked if Mr. Wilson was opposing this application. Mr. Wilson said no.
The application
was closed.
Mr. Rembiszewski
moved to approve the application subject to submitting a modified grading plan
to Bay Pointe Engineering. Mr. Clayton
seconded the motion, which was approved by a roll call vote. (Messrs. Rembiszewski, Clayton, Grasso,
Cinelli, Brosnan, Noorigian and Mrs. DeSarno voted yes.
CASE #BA10-2001 Date application complete: March 23, 2001
APPLICANT: MARTIN MOTTO
PROPERTY: 1515 Marion Street, Block 86, Lots 18,
19 & 20. R-15 Zone.
RELIEF REQUESTED: Bulk variance for front yard setback
requested to construct 6’ X 26’ covered front porch and 2’ cantilever to
proposed second story addition to home.
Attorney Hirsch
reviewed the file and stated that the Board had jurisdiction to proceed.
Sworn by
Reporter Kane: Martin Motto
Mr. Motto
explained he was proposing to add a second story.
Attorney Hirsch
asked Mr. Motto to explain the adjoining properties. Mr. Motto said to the left the house is barely visible. The house across the street is approximately
100’ from the road. He stated his house
is 30’ from the property line. There is
no house on the right. He explained the
street is L shaped. He is the last
house on the block.
Attorney Hirsch
asked if the house on the left fronts on Marion. Mr. Motto said yes. Mr.
Motto said that house is approximately the same distance from the property line
as his, maybe a little ahead. Mr. Motto
explained there is a heavily wooded lot between him and the house on
Marion.
Mrs. Morrissey
asked if there was a buffer on both sides of his property. Mr. Motto said yes. Mrs. Morrissey asked if he would be able to
keep all the trees. Mr. Motto said
those trees are on his neighbors property.
Mr. Grasso
stated he visited the site. He asked
Mr. Motto if his addition would be in keeping with the neighborhood. Mr. Motto said yes.
The application
was opened and closed to the public.
Mr. Brosnan
moved to approve the application as applied for. Mr. Rembiszewski seconded the motion, which was approved by a
roll call vote. (Messrs. Brosnan,
Rembiszewski, Grasso, Cinelli, Clayton, Noorigian and Mrs. DeSarno voted yes.)
June 20, 2001 Page
7
CASE #BA5-2001 Date application complete: March 8, 2001. Carried from April 4, 2001
APPLICANT: KIM AND
KATHLEEN KAMARIS
PROPERTY: 807 Pine Road, Brielle, Block 4, Lots 3
and 24, R-15 Zone.
RELIEF REQUESTED: Bulk variance requested to build one car
attached garage and open and unscreened front porch.
Sworn by
Reporter Kane: Kim & Kathleen
Kamaris
Mr. Kamaris said
the Board requested a survey that has been submitted. He said he has a copy of the resolution granted by Brielle for
his pool in 1991.
Entered into
evidence:
A-1, 2, 3 Correspondence from Mrs. Cramer – three
letters dated September 15, 1991, October
31, 1991 and August 16, 1993
A-4
Variance granted by Brielle
A-5
Front Elevation
Mr. Kamaris
explained they are proposing to add a one car garage within 3’ of Mrs. Cramer’s
property. He also stated that the Cramer’s
have a garage that is less than 3’ from his property line. He said the only difference is that his is
attached.
Attorney Hirsch
asked if the proposed second floor would be over the garage. Mr. Kamaris said no. The second story addition will be above the
existing house on the front of the house.
He said it meets all the setbacks.
The front porch also meets all the setbacks.
Attorney Hirsch
asked what is the size of the proposed porch.
Mr. Kamaris said 5’ X 28.39’.
Attorney Hirsch asked how far is it from the property line. Mr. Kamaris said it meets the front and side
setbacks.
Entered into
evidence:
A-6 Photo taken around March 30, 2001 of
property
A-7 Photo taken around March 30, 2001 of
property
Mr. Kamaris
explained what the photos showed. Mr.
Kamaris said these photos show properties that has a garage within 3’ of the
property line. Mr. Kamaris said the
neighborhood has different size lots.
Mr. Kamaris stated 1126 Minnihaha Trail is a 50’ X 100’ lot with a
garage that is less than 3’ from the property line. 1119 Minnihaha Trail is also 50’ X 100’ with a garage that is
less than 3’ from the property line.
June 20, 2001 Page
8
Mr. Grasso asked
if the last house, the one under construction, is in Wall Township. Mr. Kamaris said yes. Mr. Grasso asked if he knows for a fact
where the property lines are. Mr.
Kamaris said yes. Mr. Kamaris said he
has a survey of 1203 Lakewood Road.
Entered into
evidence:
A-8 Survey of 1203 Lakewood Road
Mr. Grasso asked
what the address of the house under construction is. Mr. Kamaris said it is on Crestview Road. It is the third house on the right.
Mr. Cinelli
asked how long Mr. Kamaris has lived in that neighborhood. Mr. Kamaris said since 1984.
Mr. Cinelli
asked if it was Mr. Kamaris’ best estimate that the garages are 3’ from the
property line. Mr. Kamaris said yes.
Mr. Clayton
asked what homes were in Brielle and what homes were in Wall Township. Mr. Kamaris said properties in Item A-7 are
in Wall Township.
Mr. Kamaris said
he has 24% lot coverage now. 28% is
proposed. Mr. Gerken said 25% is
allowed in that area. Attorney Hirsch
stated the coverage will be increased by the porch and garage. Mr. Kamaris said that is correct.
Attorney Hirsch
asked if the proposed side setback is 3’.
Mr. Kamaris said yes.
Attorney Hirsch
asked if the existing house is one story.
Mr. Kamaris said yes.
Attorney Hirsch
asked how close is the existing house from the property line now. Mr. Kamaris said 14’.
Mr. Brosnan
stated the survey says 10.3’. Mr.
Kamaris said it is 10.3’ in the rear, 14.7’ in the front.
Attorney Hirsch
asked how far is the neighbor’s house from the property line. Mr. Kamaris said 11.8’. Attorney Hirsch asked if that property was
in Wall Township. Mr. Kamaris said yes.
Mr. Grasso asked
what would happen if there was a fire.
Mr. Kamaris said he assumed they would go into the driveway. Mr. Clayton said there is a letter from Fire
Prevention stating concerns if an emergency occurred. Mr. Grasso said 3’ is not enough room to get to the rear of the
property. Mr. Grasso said he also has concerns regarding the quality of
life. He feels this addition is very
intrusive. He asked Mr. Kamaris what he
could do to alleviate some of these concerns.
Mr. Grasso stated there could be drainage problems. He stated he feels this lot is all built
out. He also stated 3’ would not give
enough buffering.
Mr. Kamaris
asked how a fire truck would get to Mrs. Cramer’s house. She is less than 3’ from the property
line. Mr. Kamaris said he was under the
impressed he lived in Brielle. He said
when they told him he had to come to Wall he did what he was suppose to do.
June 20, 2001 Page
9
Mrs. Kamaris
said they would consider a smaller addition on the side. It would be more like mud room. Mr. Grasso said he does not believe this
property is in keeping with the neighborhood.
He feels the applicant should get a revised set of plans and come back
with something that is more in keeping with the neighborhood.
Mr. Kamaris said
he would come out to within 7.5’ of his side yard setback.
Mr. Grasso asked
how far from the Cramer’s is the driveway.
Mr. Kamaris said inches.
Mr. Cinelli
asked if the applicant would put plantings on the side of the house where the garage
would have been. Mr. Kamaris said yes.
Mr. Gerken said
if the applicant omits the garage they would not be adding to the impervious
coverage. In Wall Township they do not
count a deck as impervious coverage.
Mr. Gerken said he does not know if the deck was included in the
impervious coverage.
The application
was open to the public.
Ms. Anderson,
Esq. appeared for the objector, Mrs. Cramer.
Ms. Anderson asked if the Board was looking at a new application. Attorney Hirsch said the Board has asked for
a smaller addition.
Ms. Anderson
asked Mr. Kamaris if he purchased the property in 1984. Mr. Kamaris said yes.
Ms. Anderson
asked what the house looked like then.
Mr. Kamaris said it was a one story ranch. Ms. Anderson asked how many bedrooms. Mr. Kamaris said two. Ms.
Anderson stated there were alterations done in 1987. Mr. Kamaris said a second floor was added. Ms. Anderson asked how many bedrooms were
added. Mr. Kamaris said there is a
total of four. Ms. Anderson asked how
much additional s.f. Mr. Kamaris said
approximately 1200. Ms. Anderson said
Mr. Kamaris more than doubled the s.f.
Ms. Anderson asked what additional work was done in 1991. Mr. Kamaris said they added a pool and a
shed. Ms. Anderson asked if Mr. Kamaris
oversaw the construction of the second floor.
Mr. Kamaris said yes. Ms.
Anderson asked if Mr. Kamaris knew that when the roof trusses were being put on
his house they parked the crane on the Cramer’s property. Mr. Kamaris said he did not know that. Ms. Anderson asked how did they plan on
putting on the addition without going onto Mrs. Cramer’s property. Mr. Kamaris said they would not go onto her
property. Ms. Anderson stated Mr.
Kamaris stores lawnmowers on his property.
Mr. Kamaris said there is only one mower. Ms. Anderson asked Mr. Kamaris if he had a permit to operate a
business from his home. Mr. Kamaris
said he does not run the business out of his home.
Attorney Hirsch
asked Mr. Kamaris if he would like to amend this application to do away with
the garage. Mr. Kamaris said yes.
Mr. Kamaris said
being they are loosing the garage they would like to keep the shed.
Mr. Grasso asked
if there was any commercial activity on the property. Mr. Kamaris said he has one lawnmower. He said he cuts about ten lawns.
Ms. Anderson
said she plans on calling some witnesses.
June 20, 2001 Page
10
Chairman
Noorigian asked if the Board would like to continue this application. Mr. Cinelli said the Board should at least
hear from the property owners this evening.
Edith Stanford,
803 Pine Road, was sworn. Ms. Stanford
said she has lived on Pine Road since 1957.
She stated the Kamaris’ have made big improvements to their property.
Darlene
Finkenauer, 804 Pine Road, was sworn.
Ms. Finkenauer said she purchased her home four years ago. She stated the Kamaris’ keep their home very
neat. They plant flowers, etc. They are just trying to improve the
neighborhood and she stated she agrees with this application.
Amy Yerks, 202
Lenape Trail, was sworn. Ms. Yerks
stated anything they want to do to improve their home helps the
neighborhood.
Mr. Papai, 800
Pine Road, was sworn. Mr. Papai stated
the Kamaris’ are doing a great job with their home. He stated everything they have done has improved the neighborhood. He said he resents what Mr. Grasso said
about Brielle. He stated the Kamaris’
are dong a very nice job.
Darlene Fink,
was sworn. Ms. Fink stated when she
moved into Brielle she was told she lived in Brielle. She asked if she wanted to put on an addition should she go to
Brielle or Wall Township?
Mr. Radamacher,
2430 Algonkin Trail, was sworn. Mr.
Radamacher said he is in favor of this application. He stated some of these homes have been built within the last 10
years. This Board gave them the right
to build a house within 3’ of the property line.
Michele DelGado,
was sworn. Ms. DelGado said she lived
next to the Cramers. Their home was 3’
from the property line. She said it is unnatural to be 3’ from your neighbor. She stated she would be disappointed to see
this happen in their neighborhood.
Chairman
Noorigian said this application will be carried to August 1, 2001.
Mr. Kamaris
waived the time limits.
Attorney Hirsch
suggested submitting new plans. He
stated the Board is concerned about access, setbacks and height.
There being no
further business to come before the Board, a motion was made, seconded, and
unanimously approved to adjourn the meeting at 11:35 P.M.
Respectfully
submitted,
Betty
Schinestuhl
Acting Recording Secretary