TOWNSHIP OF WALL

ZONING BOARD OF ADJUSTMENT

MINUTES OF THE REGULAR MEET

HELD IN THE MUNICIPAL MEETING ROOM

AUGUST 7, 2002

 

 

The Regular Meeting of the Wall Township Board of Adjustment was called to order by Chairman Clayton at 7:30 P.M.  Members present were Chairman Clayton, Mary DeSarno, Anthony Rembiszewski, Dominick Cinelli, Dennis Noorigian, first alternate Mark Brosnan and second alternate James Gray, Attorney Hirsch, Planning Coordinator Roberta Lang, Engineer 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 the Township Committee is here this evening to honor Dennis Noorigian.  He said tonight is his last meeting.  Deputy Mayor Burne read a Proclamation which was presented to Mr. Noorigian.  Mayor Thomson presented Mr. Noorigian with a watch for his many years of service.  Committeeman Addonizio congratulated Mr. Noorigian and his family for sacrificing their time.  He wished him many happy years in Florida.  Mr. Noorigian stated he enjoyed being on the Board.  He told about his early days and where they met.  He started in 1982 with Attorney Hirsch.  He said the Board was like another family.  He thanked everyone.

 

Chairman Clayton announced the Stephen Kamuda application will be carried to September 4, 2002.  Attorney Hirsch stated there was a problem with the notice.  They must renotice. 

 

CARRIED APPLICATION

 

CASE #BA8-2000 – Date application complete:  February 7, 2000.  Carried from May 17, 2000, September 20, 2000, January 10, 2001, April 11, 2001, June 20, 2001, September 5, 2001, October 3, 2001, December 12, 2001, February 20, 2002, April 17, 2002 and June 19, 2002

 

APPLICANT: TOWER LODGE

 

PROPERTY:  1506 Gully Road, Block 239, Lot 8, R-30 zone

 

RELIEF REQUESTED:  Expansion and upgrade of existing nursing home.  Variance required.  Site Plan. Use Variance

 

Sworn by Reporter Arnone:                  Thomas Kelly

 

Mr. Kelly gave his qualifications which were accepted by the Board.  Mr. Kelly served as the executive director of an assisted living facility in South Brunswick.  He was a management consultant with Hearthside Senior Management.  Mr. Kelly is a certified assisted living facility administrator in the State of New Jersey.  Mr. Kelly stated he has been in this business for 27 – 28 years. 


August 7, 2002                                                                                                 Page 2

 

Attorney Primavera asked Mr. Kelly if he had reviewed the CON issued by the State.  Mr. Kelly said yes.  He said it is valid.

 

Attorney Hirsch questioned the nature of Mr. Kelly’s testimony.  Attorney Primavera said he would like Mr. Kelly to offer expert opinion as to the CON issued for Tower Lodge.  He would also like him to testify if the expansion could be undertaken without the additional 60 beds.  He said Mr. Kelly is familiar with the Health Care field.

 

Attorney Primavera asked Mr. Kelly to give the Board some of his duties.  Mr. Kelly said he has many.  He said he insures that the new facilities go through the proper licensing, hire staff, train staff, etc.  He makes sure facilities comply with state regulations. 

 

Mr. Kelly said he has served as a consultant in the operation and development of nursing homes.  He has also been a consultant in the expansion and creation of new facilities. 

 

Attorney Hirsch said he was still not sure how Mr. Kelly’s testimony would fit in with the application.  Attorney Hirsch allowed Attorney Primavera to continue.

 

Mr. Brosnan asked if he knew the difference in assisted living and long-term care regulations.  He asked Mr. Kelly if he had any experience in long-term care facilities.  Mr. Kelly said yes.

 

Attorney Primavera asked Mr. Kelly if he had reviewed the CON.  Mr. Kelly said he revied the letter of December 11, 2001.  He said the department extended the time limit for the applicant to add the 60 beds.  The CON is valid until March 24, 2005.  He said if the beds are not added by then the certificate becomes null and void. 

 

Entered into evidence:

 

A-24    Letter from Department of Health dated December 11, 2001 regarding extension of time

 

Mr. Kelly said if the certificate becomes null and void Tower Lodge would have to reapply and show just cause. 

 

Attorney Primavera asked if Mr. Kelly if he inspected the facility.  Mr. Kelly said yes. 

 

Attorney Primavera asked if Mr. Kelly reviewed the plans.  Mr. Kelly said yes.

 

Mr. Kelly said the addition would create a better living environment for Tower Lodge residents.  He said the space now is very tiny.  He said they congregate in the lobby.  He said some activites were being held in the dining room.  He said the physical therapy room is very tiny.  It does not allow much room for equipment.

 

Attorney Primavera asked Mr. Kelly if he spoke with the Administrator and Manager of Tower Lodge.  Mr. Kelly said yes. 

 

Mr. Kelly explained this extension would not be economically feasible if not for adding 60 beds.  He said 60% of the residents are on Medicaid. 


August 7, 2002                                                                                                 Page 3

 

Attorney Primavera asked Mr. Kelly to explain the process for obtaining a CON.  Mr. Kelly explained the application must be filed and the commission makes sure the criteria is met before issuing a CON.  He said the applicant must prove that there is a need for the beds.  He must prove that the project is economically feasible.  He also must prove that there is no negative impact on the existing community. 

 

Mr. Kelly said these renovations would give the residents the kind of privacy the need.  It would bring the facility up to standards.  

 

Mr. Kelly said the site will maintain is residential appearance.  He said the project will comply with buffer requirements.  It will not increase traffic.

 

Richard Edwards, 3214 Sharpe Road, asked Mr. Kelly if he knew the CON was being transferred from a Neptune facility.  Mr. Kelly said yes.

 

Mr. Edwards asked if the facility met with regulations or are they grandfathered in.  Mr. Kelly said they do not meet current standards.  Mr. Kelly explained that four beds per room is not longer permitted.  The State does not allow for any four bed rooms.  It is not acceptable.  It is not adequate.  The State allows its operation because it was built in 1965.

 

Mr. Edwards asked if that means the owner is running an over crowded facility.  Mr. Kelly said no.  Mr. Kelly said the owner is operating the facility to the best of their ability given the existing conditions. 

 

Mr. Edwards asked if they want to comply and reduce the over crowding.  Mr. Kelly said they are not over crowded.  They have 57 – 60 individuals at the facility.  They are trying to improve the building.

 

Mr. Edwards asked if this facility would be allowed to operate if sold.  Mr. Kelly said he is assuming it would be.  He said they would have to meet certain criteria. 

 

Jim Stigliano, Sharpe Road, asked if the CON was granted to Tower Lodge.  Mr. Kelly said yes.

 

Mr. Stigliano asked why would they grant a CON to a building that was not granted permission to expand.  Mr. Kelly said because they meet the criteria.  He said the granting of the CON to Tower Lodge is stating there is a need in the community. 

 

Mr. Stigliano asked if the State came out and looked at the building.  Mr. Kelly said they review all the information.

 

Mr. Stigliano said there are two nursing homes in the area that have been closed down.  Mr. Kelly said that is correct.

 

Mr. Stigliano asked if the applicant went to look at those two vacant sites.  Has he looked at other sites.  Mr. Kelly said they are looking for the need for the building.  They have to turn people away.  He said why would the applicant want to purchase land and build a new building


August 7, 2002                                                                                                 Page 4

 

when they can meet the need right on site.  Mr. Kelly also stated they have been operating at the current location since 1965. 

 

Mr. Stigliano stated this owner has owned the facility for the past 7 years.  He said it was a business decision to operate it and has been since 1965.  He asked if it has been run economically since 1965.  Mr. Kelly stated he has not seen the accounting books.  He said he cannot respond to that.

 

Mr. Stigliano asked if this addition could be scaled down and still maintain good living conditions for the residents.  Mr. Kelly said he did not think so.

 

Mr. Stigliano asked how many residents end up going back home.  Mr. Kelly said he cannot answer that.

 

Mr. Stigliano stated this is a long term care facility.  Mr. Kelly said Tower Lodge is licensed as a skilled nursing facility. 

 

Mr. Stigliano stated the residents there will probably never go home.  Mr. Kelly said he does not know what percentage will go home.  He said it is normal for skilled nursing homes to provide rehabilitation.

 

Joe Lesniewski, Ruta Boulevard, asked about the three criteria that the Board of Health uses to issue the CON.  He asked Mr. Kelly what does he mean by negative impact to other services.  He asked what impact do they look at.  Mr. Kelly read from the CON application and review process.  He said they look for how many people have to be turned away, the facility structure.  He said the Board of Health does not want to see our seniors living four in a room.  The State will no grant a CON if the facility plans on four in a room.  This application meets all criteria. 

 

Mr. Lesniewski said they look at the impacts to other facilities but not to the residents.  Mr. Kelly said it was never meant to maintain jurisdiction over municipalities. 

 

Mr. Lesniewski asked what type of insurance generates more revenue, a rehabilitation of 90 – 100 days or a long term care patient.  Mr. Kelly said there is more gross revenue on a patient that stays a longer period of time. 

 

Mr. Lesniewski asked if there would be any out patient rehabilitation.  Mr. Kelly said no.  Attorney Primavera said there will be no out patient services.  Attorney Hirsch asked if the facility can provide out patient care.  Mr. Kelly said no because they are not licensed for that.

 

Attorney Hirsch said the state has issued a moratorium on issuing CON to nursing homes.  Mr. Kelly said yes.

 

Attorney Hirsch said this CON was issued to another facility.  Attorney Hirsch said this facility could not get a new CON because there is a moratorium.  Mr. Kelly said that is correct.

 

Attorney Hirsch said beds are being transferred, that is the only way you can get beds.  Mr. Kelly said that is correct.


August 7, 2002                                                                                                 Page 5

 

Attorney Hirsch asked if it was accurate to say that this facility has been issued a CON.  Mr. Kelly said yes.

 

Attorney Hirsch said the only way to get a CON approval is to transfer.  Mr. Kelly said that is correct.

 

Attorney Hirsch said the need may not be in Wall Township but the need for beds may be in the region.  Mr. Kelly said he thinks the need is for Wall Township. 

 

Mrs. DeSarno asked if this facility has been turning away Wall residents.  Mr. Kelly said he understands that Wall residents as well as residents of surrounding communities have been turned away.

 

Attorney Primavera said a previous witness testified that between June 20 and August 23, 2001, ten people were turned away.  He said he did not know how many were Wall residents.  Mrs. DeSarno asked him to get that information. 

 

Attorney Hirsch said his notes say 66% of the residents came from Monmouth County, 10% from Ocean County and the balance from other areas.  He said 15 had family in Wall. 

 

Richard Edwards, 3214 Sharpe Road said at the October 3rd meeting it was testified that six residents were from Wall. 

 

Mr. Gray asked if there was a reason 60 beds were being added.  He asked what is magical about 60 beds.  Mr. Kelly said there is nothing magical about 60 beds.  It seems to be the model number adopted by the state as something that makes sense. 

 

Chairman Clayton asked if zoning came into play regarding criteria.  Mr. Kelly said he is sorry to say there is not a lot of consideration on zoning.  He said they look at the overall application. 

 

Chairman Clayton asked what negative impact they look at regarding the neighborhood.  Mr. Kelly said they look at if it is going to have a negative impact on other facilities in the area.  He said they also look to see if it would create an undue situation as far as staffing is concerned. 

 

Mr. Edwards asked if they can transfer 30 beds from Wall Township to Neptune.  Mr. Kelly said he does not know.  He said they look at the entire scope of the application. 

 

Mr. Edwards asked if patients were at another facility would they be transferred to Wall.  Mr. Kelly said he did not think they would transfer a patient that did not want it. 

 

Mr. Stigliano asked if the commissioner that approved this CON was still commissioner.  Mr. Kelly said there is a new commissioner.  Mr. Kelly said Mr. F. Costas wrote the letter and he is still there.  He said the commissioners change regularly. 

 

Mr. Brosnan asked if a application for a CON be submitted without a location.  Mr. Kelly said he believes if it applies to assisted living, yes.


August 7, 2002                                                                                                 Page 6

 

Mr. Brosnan asked if you have to qualify location of the facility for skilled nursing.  Mr. Kelly said he believes so.

 

Mr. Brosnan asked how often does the Commissioner review the CON applications.  Mr. Kelly said there are certain cycles.  He said the applications are submitted the first of every month.  He said the review cycle is usually 60 – 90 days. 

 

Mr. Gray asked if he owned four different facilities in Monmouth County and applied for a CON would he have to tell them which facility.  Mr. Kelly said absolutely.  He said you have to be specific where the CON will be used.

 

Bob Seelandt, 1502 Gully Road, asked if most facilities like this built in residential areas.  Mr. Kelly said quite often yes.  Mr. Kelly said there are hundreds of facilities.  He said he has been to 40 – 50 throughout the state and most are in residential communities. 

 

Mr. Seelandt asked if the commissioner looks at the impact on the area.  Mr. Kelly said he does not know how specific they are.  He said they have their own set of criteria.

 

Mr. Rembiszewski asked if the commissioner sends out staff to the area.  Mr. Kelly said he has no idea if they come into a community.  He said all applications are on file.  They are public information.  He said as a resident you can give your opinion toe the commissioner’s office. 

 

Joseph Lesniewski, 2107 Ruta Boulevard, asked what kind of staffing increase would there be.  He said this facility will have 120 beds.  He asked how many people will be on staff.  Mr. Kelly said not a large number.  It would depend on meeting the state criteria, Medicare regulations, etc.

 

Mr. Lesniewski asked if Mr. Kelly visited a facility with 120 beds.  Mr. Kelly said yes.  They had, maybe, 45 people.  It is a mixture of full-time and part-time.

 

Peter Avakian, still under oath, explained the rendering on the board was a merged drawing of two conceptual plans.  He said the original site plan conformed with all the requirements of the township. 

 

Entered into evidence:

 

A-25    Colored rendering of concept plan dated February 20, 2002

 

Mr. Avakian said there is nothing on this plan that is not on A-20. 

 

Mr. Avakian said an attempt was made to comply with the 75’ buffer setback.  He said the rear of the property will remain in its natural state.  He said the detention facility has been moved underground.  He said the building will be located 125’ from the rear property line.  He said 75’ will be a buffer of mature trees.

 

Mr. Avakian said in the east area the proposal is to limit the clearing and there will be a 75’ buffer.  The applicant is proposing additional plantings in this area. 


August 7, 2002                                                                                                 Page 7

 

Mr. Brosnan asked what will be done to preserve the root system of those trees.  Mr. Avakian said that is incorporated on the plan.  He said there will be protective fencing and the trees will be identified. 

 

Attorney Primavera asked Mr. Avakian to go over the building and impervious coverage.

 

Mr. Avakian said the building coverage will be 20.8% where 14% is permitted.  Proposed impervious coverage is 42% where 25% is permitted.

 

Attorney Primavera explained the excessive impervious coverage is due to the circular driveway.  Mr. Avakian agreed. 

 

Attorney Primavera asked Mr. Avakian if there have been any changes to the parking area.  Mr. Avakian said there is one change.  Six parking spaces on the north corner have been moved to the rear of the building.  Mr. Avakian said 74 spaces are being proposed where 72 are required. 

 

Mr. Avakian then went over the landscape plan.  Mr. Avakian said the applicant has proposed 45 additional plantings along the south and north area.  He said 23 on the south side and 22 on the north side.  They will be white pines and lower shrubs.  Mr. Avakian said along the rear property line 10 new trees will be planted and 24 new plantings near the parking area.  He said a lot of the trees will remain.  Mr. Avakian said the proposed parking along the north property line encroaches the 75’ by 20’.  He said the applicant will over plant with dogwoods, holly and some lower forsethia and averdities.  He said there will be a total of 250 new trees and shrubs.  Mr. Avakian said there will be four separate landscaped aisles. 

 

Attorney Primavera said the Board asked if the applicant would be willing to put in a fence or plant outside plantings to buffer the side.  Mr. Avakian said the applicant said that would be no problem.

 

Attorney Primavera asked what variances are required.  Mr. Avakian said there are five bulk variances being sought.  They include building coverage, impervious coverage, buffer width, use of the buffer and area length. 

 

Attorney Primavera asked if the loading area was sufficient to handle the trucks.  Attorney Primavera said the applicant has agreed to have no deliveries by tractor trailer.  Mr. Avakian said that is correct. 

 

Attorney Primavera asked if Mr. Avakian reviewed all the professional reports.  Mr. Avakian said yes.

 

Attorney Primavera asked Mr. Avakian if the applicant has addressed each of Mr. Gerken’s concerns.  Mr. Avakian said we have addressed them.  He said the necessary items will be shown on the site plan for Mr. Gerken’s approval.  He said the final details of the drainage and grading plan will go on the final revised plans.


August 7, 2002                                                                                                 Page 8

 

Attorney Primavera asked Mr. Avakian to go over the lighting.  Mr. Avakian said the Board of Health has minimum candle requirements.  The lights at the egress have to be lit ˝ hour before sunset until ˝ hour after sunrise.  Mr. Avakian said the lighting is shown on the architectural plans.  He said they all comply with Township regulations.  He said the lightings are back from the property line so no spillage goes onto the residential properties. 

 

Attorney Primavera asked, if this application is approved, would you be able to supply Mr. Gerken’s office with a complete set of revised plans conforming with Township ordinances.  Mr. Avakian said yes, there is nothing in the reports that we would have any problem complying with.  He said they will comply with the engineer and planner on the final site plan.

 

Attorney Primavera asked if the variances could be granted by this Board without substantial negative impact to the residents.  Mr. Avakian said yes. 

 

Mr. Cinelli asked Mr. Gerken and Mr. Maczuga if a formal landscape plan has been submitted.  Mr. Maczuga said yes,

 

Mr. Maczuga said there is going to have to be some clearing done for connection to the existing storm sewer.  He said it is not on the plan.  Mr. Avakian said it is shown in the construction detail.

 

Mr. Maczuga asked how much clearing will be done.  Mr. Avakian said it is a small pieces.  He said between 3’ – 5’.  It is shallow.  It will not be more than 10’ in width. 

 

Mr. Maczuga said he had some concerns regarding the landscaping.  He said when you clear the area there may be some lose of trees in the forest area.  Mr. Avakian said a combination of protection and supplemental plantings will be done. 

 

Mr. Maczuga said he did not do a detailed examination of the landscape plan.  He said he reserves the right to look at this again.  He said his review was not done as it was the last plan.  He said he reserves the right to have additional comments.  He said there is additional work that needs to be done on the landscape plan.

 

Mr. Gerken said his last report was also based on the concept plan.  There have been changes.  He said he has not reviewed the grading plans or revised storm water management plans.  He said he has to review those items.

 

Chairman Clayton asked if he understood correctly that they are not going to plant over the clearing where the pipe is going to be.  Mr. Avakian said they would not plant directly over the pipe.  He said small plants would create a buffer.

 

Attorney Hirsch asked Mr. Avakian to go over the property that surrounds the site.  Mr. Avakian said on the north, south and west it is all zoned R-30.  On the east it is zoned R-20. 

 

Mr. Avakian said the house on the south is 50’ from the property line.  He said to the rear of the property the houses front on Ruta Boulevard.  He said there are two homes directly behind the


August 7, 2002                                                                                                 Page 9

 

site.  He said two additional homes are angled on Larson Road.  He said they are between 60’ – 70’ from the rear property line.

 

Attorney Hirsch asked what is the grade relationship between this lot and the lots to the rear.  Mr. Avakian said in the northeast corner the elevation is 90’.  On Gully Road, along the same property line, it is about 100’.  He said there is about 10’ difference.  He said there is a difference of 10’ between the north and south side.  He said everything drains in a southeast direction. 

 

Attorney Hirsch asked if the residents homes behind this site higher or lower than Tower Lodge.  Mr. Avakian said they are lower.  He said the houses are slightly higher than the elevation.

 

Attorney Hirsch asked what kind of view would they have of the facility.  Mr. Avakian said he cannot answer that. 

 

Attorney Hirsch asked what about on the north side.  Mr. Avakian said on the north side there are three lots,.  He said there are five lots between the rear yard and Gully Road.  He said both houses front on Brighton.  He said they are outside the limit of 200’ area.  Lot 2 is about 175’ and lot 3 is over 250’ from the site’s property line.  He said two other houses are 250’ from the property line and one house is 25’ – 30’ from the property line. 

 

Attorney Hirsch asked what was across the street.  Mr. Avakian said there are three lots.  He said one of the frontages is contiguous with this property.  He said the other two are setback 40’ from the property line.  The third home is about 100’ from the property line. 

 

Mr. Gerken said his understanding is the applicant is not going to submit new revised site plans until approval.  Is that right?  Mr. Avakian said that is correct.

 

Chairman Clayton asked Mr. Gerken and Mr. Maczuga if they preferred the fence or plantings along the property line.  Attorney Hirsch said a property owner suggested that.  The Board cannot take a poll of who wants trees in the neighborhood.  Chairman Clayton said maybe the Board should just go with the fence.  Attorney Primavera said he asked the neighbors at the last meeting to contact the applicant regarding landscaping or a fence.  He said no one has contacted him.

 

Richard Edwards, 3214 Sharpe Road, asked Mr. Avakian if the rate of flow has changed.  Mr. Avakian said it has not changed.  He said a 100 year storm should handle it.  He said they are decreasing the run off by about 35%. 

 

Mr. Edwards asked if they did a calculation for an existing storm drainage system.  Mr. Avakian said they did all calculations on site.  He said the run off is being decreased. 

 

Mr. Edwards asked where does the reduction of water go.  Mr. Avakian said in the underground system.

 

Mr. Edwards asked how many candle powered lights are on the area.  Mr. Avakian said three proposed lights on the east side, four on the north, one double on the west side and 10 fixtures at the entrance. 


August 7, 2002                                                                                                 Page 10

 

Mr. Edwards asked what is the size of those lights and what type.  Mr. Avakian said they have not changed from the original plan.  They are 14’ high and 200 watt.

 

Laurie DeKanyleal, 2305 Ruta Boulevard, said her property line is only 12’ from the proposed property line.

 

Joseph Lesniewski, 2307 Ruta Boulevard, asked to have the drainage system explained.  Mr. Avakian said it is a total number, 4 cubic feet per second. 

 

Mr. Lesniewski said it would become full in 1 hour 15 minutes.  Mr. Avakian said no and explained how the system worked.

 

Mr. Lesniewski asked how many hours would that system take to become full.  Mr. Avakian said he would have to review the drainage calculations.

 

Mr. Lesniewski said 25% impervious coverage is allowed.  Mr. Avakian said that is correct.  Mr. Lesniewski said you are asking for 42%.  Mr. Avakian said yes.  Mr. Lesniewski asked then why do we have a 25% requirement.  Mr. Avakian said when you deviate from that requirement you have to come to the Board for a variance. 

 

Mr. Lesniewski asked Mr. Avakian if he thought 42% was extreme.  Mr. Avakian said no.  He said that is what has to happen unless you go two stories, which the applicant did not want to do.  He said they have done everything they can to comply with the ordinances.

 

Mr. Lesniewski asked what guarantee does he have that there will be no drainage problems.  Mr. Avakian said the underground drainage is very efficient. 

 

Mr. Lesniewski asked about the loading dock.  Mr. Avakian said the loading dock is slightly less in width.  Mr. Lesniewski asked if the vehicles would go head in.  Mr. Avakian said it depends on what they were unloading.  He said they can drive into the driveway aisle and back in.  He said if they had to unload from the rear they would back into the dock.

 

Jim Stigliano, Sharpe Road, asked Mr. Avakian if he knew there might be an underground stream on that property.  Mr. Avakian said they did soil borings on site and they did not show anything.  He said there was no stream activity shown.  He said they studied only their site. 

 

Mr. Stigliano said there are at least four families, in the rear of that property, that have water in their basement.  He said there is an old stream in that area.  Mr. Avakian said there is a difference in elevation of between 10’ – 12’.  He said if there was high water it would go into the ditch.  Mr. Stigliano said you still have volume and the water will come down to our properties and go into our basements.

 

Bob Seeland, 1502 Gully Road, asked how will the additional water effect his well.  Mr. Avakian said an EIS study was prepared and submitted.  He said he does not know the answer to his question.  Mr. Seeland said you are putting run off water back into the ground, correct.  Mr. Avakian said we are not putting it back into the ground.  Mr. Seeland said you are taking water


August 7, 2002                                                                                                 Page 11

 

from a parking lot and that is going to go into the ground and that is going to effect our wells.  Mr. Avakian said it is not going to go back into the ground.  He said the system allows for cleaning particular matter.  He said that matter will not be discharged into the ground.

 

Joe Schengrund, 3217 Brighton Avenue, said he lives on the northeast corner of the property.  He said his problem is his bedroom is 300’ from the garbage dumpster.  He said garbage was picked up at 5:55 A.M. this morning.  He is concerned about noise.  He said refrigerator trucks just sit there and they idle.  He said he would like to see some noise management.  Attorney Primavera said they will eliminate that noise.  He said he will call Marcal again and tell them to put Tower Lodge further down on the route.  Mr. Schengrund said something has to be done. 

 

Mr. Brosnan asked if there was any portion of the black top area that is only used for fire and emergency equipment.  Mr. Avakian said no, we have designed the emergency access with GO grid blocks. 

 

Mr. Primavera said he has two additional witnesses. 

 

Mr. Primavera said they can revise the site plan and get them to Mr. Gerken.  Mr. Gerken said it is always nice to have the final site plan.  He said they do not have the final grading or drainage plans either. 

 

Mr. Cinelli said the applicant should also submit a landscape architectural plan to the Board engineer. 

 

Attorney Primavera asked the public to come to Tower Lodge and tell them what they would like done. 

 

Attorney Hirsch said at the time of construction the Board engineer’s office and landscape architect go out to the site.  They do on site review and see where gaps may be. 

 

Mr. Brosnan asked for transcripts of every meeting. 

 

Chairman Clayton announced this application will be carried to October 16, 2002. 

 

Mr. Primavera waived the time limits. 

 

Attorney Hirsch said no further noticing is required. 

 

RESOLUTION TO BE MEMORIALIZED

 

MICHAEL AND CHRISTINE – BA#18-2002

Block 880, Lot 19                                                                    Rembiszewski/Cinelli

 

There being no further business to come before the Board, a motion was made, seconded, and unanimously approved to adjourn the meeting at 10:50 P.M.

 

                                                                        Respectfully submitted,

 

                                                                       

 

 

Betty Schinestuhl

                    Recording Secretary