ZONING BOARD OF ADJUSTMENT
MINUTES OF THE REGULAR MEETING
AUGUST 6, 2003
The Regular
Meeting of the Wall Township Board of Adjustment was called to order by Chairman
Clayton at 7:45 P.M. Members present
were Chairman Clayton, Mary DeSarno, Dominick Cinelli, James Gray, Anthony
Rembiszewski, first alternate Bob Kerr, second alternate Wayne Palmer, Attorney
Hirsch, Planning Coordinator Roberta Lang, Recording Secretary Betty
Schinestuhl, Engineer Gerken, 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.
Chairman Clayton
said there are two applications on for this evening, Casais and Bel-Ray. The Olsen application will be carried to
September 3, 2003. The applicant must
re-notice.
CASE #BA21-2003
– Date application
complete: June 16, 2003
APPLICANT: ALISON DECEASRE
PROPERTY: 4120 West Eighteenth Avenue, Block 952,
Lot 6, RR zone
RELIEF
REQUESTED: Bulk
Attorney Hirsch reviewed the file and stated the Board had jurisdiction
to proceed.
Attorney Hirsch announced the Deceasre application will be carried to
October 1, 2003. No new noticing is
required.
CASE #20-2003 – Date application complete: May 30, 2003
APPLICANT: JOSE CASAIS
PROPERTY: 1401 Madison Avenue, Block 258, Lot 6,
R-10 zone
RELIEF REQUESTED: Bulk
Attorney Hirsch reviewed
the file and stated the Board had jurisdiction to proceed.
August 6, 2003 Page
2
Sworn by
Reporter Arnone: Jose
Casais
Paul Kurtz
Mr. Casais said
he has a designer that is making plans for him if this is approved. He said he received a review letter from Mr.
Gerken dated July 31, 2003 asking for testimony regarding a few issues. Under Miscellaneous #1 Mr. Gerken is asking
for testimony as to the proximity of adjacent structures and the affect the
addition will have on those properties and #2 asks for testimony as to the
location of the fence along the southwest property line. Mr. Gerken stated the fence should be
relocated within the confines of this property.
Entered into
evidence:
A-1 Survey dated September 6, 1995,
construction permit notice and developing permit
A-2 Drawing
by applicant showing distance of surrounding structures from applicants’
structure
Mr. Casais said
A-2 shows that there will be no obstruction of view by this addition on the
right or left of Harrison. It is back
far enough so you can see.
Attorney Hirsch
stated the applicant is also going to have to address how this addition will look
along the block.
Mr. Casais said
looking toward Harrison Street to the east the only house that is out further
is 3001 Washington. It is about two
blocks from his home.
Attorney Hirsch
said the Board would like to know if any other structures in the neighborhood
have the same setbacks. Mr. Casais said
yes.
Attorney Hirsch
asked about the setbacks going down Harrison.
Mr. Casais said they are pretty much the same as his is now. The proposed addition will be out
further. Mr. Casais explained he
purchased the property about two years ago.
At that time they had only one child now they have two. The kitchen is very small. Four of us cannot sit at the table. He also explained that his brother, sister
and he take care of their mother who is in a wheelchair. It is very hard to get around the house with
the wheelchair. He said the proposed
basement would be used for storage alone.
Mrs. DeSarno
asked Mr. Casais if he thought about going off the back. Mr. Casais said he thought about it and
didn’t want to go into the backyard or go up.
Mrs. DeSarno
asked what is in the backyard. Mr.
Casais said there is a pool back there and his son plays back there.
Mr. Gray asked
how many trees would have to come down.
Mr. Casais said four. He said
they are obstructing the wires now.
August 6, 2003 Page
3
Mr. Gray asked
what kind of plantings are proposed around the new addition. Mr. Casais said azaleas, etc. He would keep it nice. He would cover the foundation.
Chairman Clayton
said the house is 12’ off the property line.
How far is it from the property line to the street? Mr. Casais said an additional 10’. Mr. Gerken said the house is 12’ from the
property line and 10’ from the street for a total of 22’.
Chairman Clayton
asked how big the proposed living room and dining room will be. Mr. Casais said now it is about 12’ X
20. With the addition it will be 12’ X
38’. Chairman Clayton asked for the
size of the existing kitchen. Mr.
Casais said the existing kitchen is 10’ X 12’ and the proposed kitchen will be
20’ X 12’.
Chairman Clayton
asked if Mr. Casais could put the addition in the rear where the deck is. Mr. Casais said he never had a yard and he
would like his son to be able to play out there. He said if he puts the addition in the rear he would also have to
move the pool.
Mr. Gerken said
he looked at the older survey and the fence is within the property line. The sight triangle will not be obstructed.
Mr. Kurtz said
he will be looking right at the addition and he has no objection to it. He said his house is about 30’ from Harrison
Street.
Chairman Clayton
asked if the existing house has a basement.
Mr. Casais said yes.
The application
was open and closed to the public.
Mrs. DeSarno
said she visited the site and it is very well maintained. She said her concern is that the addition
will intrude on the front of the neighboring house. She said she is against this application.
Mr. Gray said at
first he was very concerned about the neighbors. He is glad Mr. Kurtz came here tonight. I am not as objected to it as I was. He said he still has concerns about looking down Harrison Street
and this being the only house butting out.
Mr. Cinelli
asked what type of landscaping is being proposed. Mr. Casais said azaleas, some pines. He said he will put in plantings that will make it look
uniform. He said he would like to keep
the big tree in the front.
Mr. Cinelli
asked Mr. Gerken how much of Mr. Casais’ backyard would he loose if he put the
addition in the rear. Mr. Gerken said
if he put it off the back corner it would go to the center of the pool and come
over to the right hand side of the pool.
He would loose about 40% of his yard.
Mr. Casais said
if you are looking down Harrison you cannot tell whose house is out further
because there are fences and trees in the way.
August 6, 2003 Page
4
Mr. Cinelli
suggested hollies, aver vides, etc. Mr.
Casais agreed.
Mr. Cinelli said
based on the testimony of the applicant and our responses, being he is on a
corner property and the testimony of his neighbor I move to approve the
application subject to
the plantings of
hollies and aver vides which will be approved by the Board Planner. Mr. Rembiszewski seconded the motion which
was approved by a roll call vote. (Messrs.
Cinelli, Rembiszewski, Kerr, Gray and Clayton voted yes. Mrs. DeSarno and Mr. Palmer voted no.) The application was approved.
Mr. Cinelli stepped
down on the Bel-Ray application.
Case #14-2003 – Date application complete: June 16, 2003
APPLICANT: BEL-RAY COMPANY, INC.
PROPERTY: 1201 Bowman Avenue, Block 907, Lot 22,
GI-10 zone
RELIEF REQUESTED: Use/Site/Bulk
Attorney Hirsch
reviewed the file and stated the Board had jurisdiction to proceed.
Attorney Timothy
B. Middleton, Esq. appeared for the applicant.
Attorney
Middleton stated the applicant is here to request permission to construct an
8,400 s.f. structure. This structure
will store 55 gallon drums and other storage containers. Bel-Ray is a company which was started in
1947. It relocated to Wall in
1959. Bel-Ray makes lubricants and
oils. It is located off Route 33 behind
84 Lumber. It is across from
Collingswood Auction. They have raw
oils delivered to the site. They may be
delivered in drums. The building is
located centrally on the site. Drums
are stored to the south of that building.
The drums are stored outside now.
During the 1990’s the EPA law changed.
Very recently the DEPE has stated active drums cannot touch the
soil. They also stated no rain water can
touch them. They require drums be
stored inside.
Attorney
Middleton explained the only condition that is not met with this application is
the 75’ setback. We are proposing 15’
on the southerly property line. The new
building has to be located here. If not
you would have to take the drums and move them by forklift. They can be dropped which can be dangerous. The drums have been stored at the same site
for 50 years. Having the drums stored
in a building will be more esthetically pleasing.
Attorney
Middleton said 84 Lumber has a 125’ – 130’ long building 6’ – 7’ off the property
line.
Attorney
Middleton said the Bel-Ray structure will not have any negative impact.
Attorney
Middleton also asked for an interpretation regarding storage of trailers. He said storage of trailers is not permitted
in any zone. Since 1961 Bel-Ray has had
trailers on site. Mrs.
August 6, 2003 Page
5
Brosnan will
testify that there have always been trailers on site. Bel-Ray is requesting to maintain eight trailers on site. The trailers are transport vehicles. The 55 gallon drums go into the production
facility and into huge vats. The drums
are then transported to the north side of the building and placed in
trailers. A transport company comes to
pick them up and they are then carted away.
The trailers have been there since the inception of the business. There will be 4 – 5
less trailers
than are there now with the construction of this building. If these drums are stored outside it will be
against DEPE and unsightly.
Sworn by
Reporter Arnone: Daryl
Brosnan, President
John
Kuntz
Brian
Leff, Planner & Landscape Architect
Glenn
Gerken, Engineer
Cheryl
Bergailo, Planner
Entered into
evidence:
A-1 Aerial photo of site
Attorney Hirsch
stated in Attorney Middleton’s opening the setback was 15’ the engineer’s
report states 14’. Attorney Middleton
said it may be 14’, he stands corrected.
Ms. Brosnan is
President of Bel-Ray. It is a family
owned business. She stated her and her
sister jointly own the business. It was
started in 1946.
Attorney
Middleton said the business was moved from its original location to Wall in
1959. Ms. Brosnan said that is correct.
Attorney
Middleton said the site has raw materials delivered. Ms. Brosnan said yes. The
materials are delivered by tank wagons or by tractor trailers in drums.
Attorney
Middleton said the tank wagon looks like a gas delivery truck. Ms. Brosnan said yes.
Entered into
evidence:
A-2 Site plan
Ms. Brosnan
explained the tank wagons are unloaded at the southeast portion of the
building.
Ms. Brosnan said
the site is located off Route 33/34.
You take Bowman Avenue and then make a left onto the site.
Attorney
Middleton said it is across the street from Collingswood. Ms. Brosnan said yes.
Attorney
Middleton said the site is 32 acres.
Ms. Brosnan agreed.
August 6, 2003 Page
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Attorney
Middleton said there is a private road entrance. Ms. Brosnan said yes.
Attorney
Middleton said there is a gate with a fence.
Ms. Brosnan said yes.
Attorney
Middleton said 84 Lumber is in front of the Bel-Ray site. Ms. Brosnan said yes.
Attorney
Middleton asked how many feet is 84 Lumber off the property line. Ms. Brosnan said about 6’.
Attorney
Middleton asked where the production facility is located. Ms. Brosnan said to the southerly side.
Attorney
Middleton asked where are the loading docks located. Ms. Brosnan said to the northerly side of the building.
Ms. Brosnan
explained the company purchases oils and blends them into the finished
product. Mostly motorcycle and
specialty oils are blended.
Ms. Brosnan
explained there are three shifts, 24 hours a day five days a week.
Attorney
Middleton said the drums have been stored at the south side of the building for
years. Ms. Brosnan agreed and said
because it is the most direct access to the storage facility.
Attorney
Middleton asked how many feet is it from storage to the production
facility. Ms. Brosnan said maybe two
car lengths, 20’.
Ms. Brosnan
explained the safety reasons for the proposed building. She explained why the tanks must be stored
close to the production facility. Ms.
Brosnan stated the tanks must be protected from storm water. We have to assure that no product materials
go into the ground. They have to be
stored on cement and have a structure around them. She stated she is asking to build the structure to abide by the
law.
Attorney
Middleton said there are storage trailers on site. Ms. Brosnan said yes.
Attorney
Middleton said once the drums are filled they are placed in the trailers. Ms. Brosnan said that is correct. We wait for a full trailer load and then
they get picked up. The trailers are
located at the northwest corner. There
are 12 now and if this is approved there will be eight.
Attorney
Middleton said if you were prohibited from using trailers where would the drums
be stored. Ms. Brosnan said either
outside or in the building. Attorney
Middleton said that would be a safety hazard.
Ms. Brosnan said they cannot be stored outside.
Attorney
Middleton said there have been trailers on site since 1959. Ms. Brosnan agreed. She said she has been there for 27 years and
there have always been trailers there.
August 6, 2003 Page
7
Entered into
evidence:
A-3 Aerial taken in the mid 1970’s
Ms. Brosnan,
using A-3, showed there were trailers on site at that time. There were about 14 – 15 at that time.
8:55 P.M. Mr.
Palmer left the meeting.
Attorney Hirsch
asked if Attorney Middleton was saying that the ordinance did not prohibit
trailers in the 1970’s. Attorney
Middleton said yes.
Mr. Gray stated
there will be fewer trailers on site because you will be storing the drums in
the proposed building. Ms. Brosnan said
yes.
Chairman Clayton
asked for the storage of drums outside now vs. after the structure is
built. Ms. Brosnan said there are 700
drums in that area. With the building
they will all be stored inside.
Chairman Clayton
asked if the proposed building will have a fire sprinkler system. Ms. Brosnan said no.
Chairman Clayton
said the fire lanes to the north of the buildings are only 6’ wide. They should be 18’ in width.
Chairman Clayton
said the Fire Department requested that the trees that are 7’ from the building
be cut back so the fire vehicles will have access. Along the property line cut back 14’. Attorney Middleton agreed to cutting back the trees and
maintaining the fire lanes to 18’.
Chairman Clayton
said there is a hydrant that exists what are you going to do with that. Is it possible to move it or install a new one? Attorney Middleton said they would like that
hydrant to remain.
Chairman Clayton
said the only other concern is there is a fence to the west of the
property. It attaches to 84 Lumber and
goes toward Bel-Ray. Chairman Clayton
requested an access gate. Ms. Brosnan
said she would love to have one there.
She said she has tried to get in touch with 84 Lumber but she gets no
response. There is also a fence on the
other side of the property but there is a road that JCP&L maintains so if
we had to get out we could get out that way.
Attorney Middleton said he would prepare a letter to 84 Lumber regarding
the access gate.
Attorney
Middleton, referring to the Planner’s review letter of July 29, 2003, page 2,
Item B, the applicant has covered that.
Attorney Middleton asked Ms. Brosnan to describe the types of trucks
that will be used on site. Ms. Brosnan
said there will be approximately 20 trucks coming in and out. They will be FEDEX, UPS type trucks.
August 6, 2003 Page
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Mr. John Kurtz
stated he has worked for Bel-Ray since 1961.
He lives in Wall. He is familiar
with the site and operation.
Attorney
Middleton asked Mr. Kurtz about the trailers.
Mr. Kurtz said they have been on site since he started working there in
1961. They are used for storing
containers and drums.
Attorney
Middleton asked Mr. Kurtz how many trailers are on site. Mr. Kurtz said when he started in 1961 there
was an increase in production. As the
business grew we needed more space and we used the trailers. By the late 1960’s there were 8 – 9
trailers. Attorney Middleton said
during the 1970’s it increased to about 15.
Mr. Kurtz said yes. Mr. Kurtz
explained with the building of this structure it will be reduced to about eight
trailers.
Brian Leff is a
licensed Planner and Landscape Architect.
Mr. Leff is employed by Kenderian-Zilinski. Mr. Leff stated he visited the site.
Attorney
Middleton asked Mr. Leff to describe the site.
Mr. Leff said
the site is located on block 907, lot 22.
It is north of 84 Lumber. It is
across the street from Collingswood.
There is open land to the back.
It is located in the GI-10 zone.
The use is a conditional use.
Mr. Leff
explained the drums are stored out in the open. DEP stated they must be on a solid surface. No rain water can touch these drums. We are requesting to take the storage area
there now and close it in.
Attorney
Middleton asked if it would improve the esthetics. Mr. Leff said yes.
Attorney
Middleton said 84 Lumber is to the south.
Mr. Leff said yes.
Mr. Leff said 84
Lumber is a large structure 120’ long that sits about 7’ – 10’ from the
property line. Attorney Middleton asked
if 84 Lumber will be higher than the proposed structure. Mr. Leff said considerably higher.
Attorney
Middleton asked if the proposed building will have a negative impact on 84
Lumber. Mr. Leff said no. Attorney Middleton asked if the building
will have a negative impact on the surrounding sites. Mr. Leff said no. Mr.
Leff said the proposed building will be well hidden from public view.
Mr. Leff
explained the proposed building is going exactly where the storage is now. It will cover a small portion of the
site. It meets all positive criteria.
Attorney Hirsch
asked what is behind Bel-Ray’s property to the north. Attorney Middleton said Monmouth County acquired that as open
space.
August 6, 2003 Page
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Attorney Hirsch
asked where the closest structure beside 84 Lumber is. Mr. Leff said there is a machine shop right
at the entrance to the site. It is
about 100’ away.
Referring to Mr.
Gerken’s review letter Mr. Leff said the only utility required will be
electric.
Mr. Gerken asked
if the building will be hooked up to the sewer line. Mr. Leff said no.
Referring to Mr.
Gerken’s review letter Mr. Leff explained the floor plan does not show the
proposed wall as shown on the layout plan because it may be a partition wall if
necessary.
Mr. Leff said
the survey has been corrected indicating January 31, 2003 as the revision date.
Attorney
Middleton said the applicant will comply with all the requirements of the
engineer’s review letter.
Mr. Gerken said
he has one other comment regarding parking.
The banked parking will be left up to the Land Use Office. Attorney Middleton said that will be no
problem.
Attorney
Middleton said the applicant will comply with requests in the planners review
letter.
Chairman Clayton
asked if the trailers will remain in the same area. Attorney Middleton said yes.
Entered into
evidence:
A-5 Zoning
map from 1960 – Site was in the B-11 zone.
Mr. Gray asked
what construction material will be used to building the structure. Mr. Leff said corrugated metal.
The application
was open and closed to the public.
Mr. Leff,
regarding the fire hydrants, said there is one just to the south of the
proposed building and it will remain.
There is another to the east where the banked parking area is and that
will remain. Chairman Clayton said there
are only two. He said the one between
the two buildings should be moved to the east.
Attorney Middleton said it will be moved toward the main entrance gate. Attorney Hirsch suggested they work it out
with the Fire Department. Attorney
Middleton said agreed.
Mrs. DeSarno
moved to approve the application subject to the fire lane being 18’ around the
building, the fire hydrant being moved and an access gate being installed with
84 Lumber’s ok. Mr. Rembiszewski
seconded the motion, which was unanimously approved by a roll call vote. (Mrs. DeSarno, Messrs. Rembiszewski, Kerr,
Gray and Clayton voted yes.)
August 6, 2003 Page
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RESOLUTIONS TO BE MEMORIALIZED:
EDWARD &
VILLETTE DONAHUE – BA#19-2003
Block 771, Lot
31 DeSarno/Gray
ROBERT J.
STACKLES – BA#15-2003
Block 922, Lot
24 Gray/DeSarno
MINUTES TO BE ADOPTED: Mrs. DeSarno moved to approve the
minutes of the Workshop and Regular Meeting of June 18, 2003. Mr. Gray seconded the motion which was
unanimously approved.
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