TOWNSHIP OF WALL

ZONING BOARD OF ADJUSTMENT

MINUTES OF THE REGULAR MEETING

HELD IN THE MUNICIPAL MEETING ROOM

SEPTEMBER 17, 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, Vice Chairperson Mary DeSarno, James Gray, Anthony Rembiszewski, Wilma Morrissey, 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 stated the Accurate Builders application has been rescheduled for November 5, 2003.  They must renotice.  The Martelli Development Corporation application has been rescheduled for November 12, 2003.  They must renotice.

 

NEW APPLICATIONS

 

CASE #BA26-2003 – Date application complete:  July 2, 2003

 

APPLICANT: PAMELA BYRNE

 

PROPERTY: 1218 West Union Lane, Block 701, Lot 1, R-7.5 zone

 

RELIEF REQUESTED: Bulk

 

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 property is located at the corner of West Union Lane and Crestview Road.  It is a corner lot.  There is an existing home on the lot.  It is a one-story ranch.  The property has two front yards.  The applicant is proposing to add one story and a wrap-a-round porch.  The porch would front both on West Union Lane and Crestview Road.  The porch on Crestview Road would violate the setback requirements.  The requirement is 30’.  The porch would encroach 10’ into the setback.  The applicant is proposing the wrap-a-round porch for architectural and esthetic reasons.  Most homes in that area violate the requirements.  It would fit in with the neighborhood.  The porch will be open.  It will enhance the esthetics of the home. 

 

Pamela Byrne was sworn.  Ms. Byrne said she lives at 1218 West Union Lane.  The existing home consists of 900+ s.f.  She would like to double the size to 2,000 s.f.  The wrap-a-round porch would enhance the character of the house.


September 17, 2003                                                                                                    Page 2

 

Attorney Middleton said the West Union Lane side does not violate the setback. 

 

Attorney Middleton asked Ms. Byrne what the other homes in the neighborhood look like.  Ms. Byrne said to the right is a brick two-story, 3,500 s.f. home.  Across the street is a large, sprawling home.  There are not a lot of homes on West Union Lane.  On Crestview Road there are a couple two-story homes.

 

Attorney Middleton asked about the setbacks of the homes on Crestview Lane.  Ms. Byrne said those homes are closer to the front.

 

Attorney Hirsch asked how many homes are on Crestview Road.  Attorney Middleton said within one-half mile toward Lakewood Road there are four to five homes.  Attorney Middleton asked Ms. Byrne if they comply with the 30’ setback.  Ms. Byrne said she doesn’t think any of them do. 

 

Attorney Middleton asked Ms. Byrne what the stakes are around the home.  Ms. Byrne said they show where the wrap-a-round porch will come out to. 

 

Attorney Middleton said you are not intending to knock the existing home down.  Ms. Byrne said no. 

 

Attorney Middleton said there is an existing garage and an existing breezeway that connects the house to the garage.  Ms. Byrne agreed.

 

Attorney Middleton said the proposed wrap-a-round porch will make the house look nicer to the neighbors.  Ms. Byrne said yes.

 

Mr. Gray asked if the porch is coming out 10’ on both roads.  Ms. Byrne said yes.

 

Ms. Morrissey asked if the addition will affect the natural lighting on the neighbor’s house.  Ms. Byrne said no.

 

Mr. Gray said no trees will need to be removed.  Is that correct?  Ms. Byrne said yes.

 

Chairman Clayton said the width of the porch will be 10’.  Ms. Byrne said yes.  She said there will be no screens, it will be open. 

 

Attorney Hirsch said Ms. Byrne testified that the homes on Crestview Road are closer to the road, is that correct?  Ms. Byrne said yes.

 

Chairman Clayton said the homes on West Union Lane set back about the same as yours.  Ms. Byrne said yes.  Chairman Clayton said from the street it would be about 30’ back.  Attorney Middleton said that is correct.

 

Attorney Middleton said he would like to clarify one issue, the closeness of the homes on Crestview Road.  You said the homes on Crestview appear closer to the road.  What are you referring to?  Ms. Byrne said she is talking about the homes on the other side of the street. 


September 17, 2003                                                                                                    Page 3

 

Attorney Middleton said on the north side of Crestview.  Ms. Byrne said yes.  Attorney Hirsch asked about the homes on the same side as Ms. Byrne’s.  Ms. Byrne said they would be the same as my house.  Attorney Middleton, referring to the tax map, said Ms. Byrne’s lot is lot 1.  The Board asked about the home on lot 2, which is to the rear of your home.  Is it the same distance from Crestview?  Ms. Byrne said yes.  Attorney Middleton said the homes on Crestview that are closer to the road are lots 7, 8 and 9.  Ms. Byrne said that is correct.  Attorney Middleton said lot 3 is also closer.  Ms. Byrne said that is correct.

 

The application was open and closed to the public.

 

Attorney Middleton said the addition will be an enhancement to the neighborhood.  Just a small section of the porch will violate the setback.  This will be more in keeping with the neighborhood. 

 

Attorney Hirsch asked for the dimensions of the porch along Crestview.  Attorney Middleton said 10’ X 12’ – 13’. 

 

Attorney Hirsch asked for the setback of the house on lot 2.  Mr. Gerken said about 40’ – 45’.  Attorney Hirsch said there will be 80’ – 90’ between the houses.  Attorney Middleton said that is correct. 

 

Mrs. Morrissey moved to approve the application as applied.  Mr. Palmer seconded the motion which was approved by a roll call vote.  (Mrs. Morrissey, Messrs. Palmer, Gray, Rembiszewski, Mrs. DeSarno and Mr. Clayton voted yes.)

 

Case #31-2003 – Date application complete: September 6, 2003

 

APPLICANT: SPEEDWAY PROPERTIES, LLC

 

PROPERTY: 1803 Route 34, Block 922, Lot 3, OR-10 zone      

 

RELIEF REQUESTED: Bulk/Site 

 

Attorney Hirsch reviewed the file and stated the Board had jurisdiction to proceed.

 

Mark Aikins, Esq. appeared for the applicant.

 

Attorney Hirsch announced there are only six members present tonight.  Attorney Aikins said the applicant has noticed so they will proceed.

 

Attorney Aikins said the applicant is proposing something that has not been seen in New Jersey in a long time.  It is not a new use or a new site.  The site is located at Hurley Pond Road and Route 34.  The application is asking for use variances, a drive-in is not permitted in this zone.  There is also a variance needed for the height of the screen.  Attorney Hirsch said the height of the screen may be a use variance.  The screen would be the principal structure. 


September 17, 2003                                                                                                    Page 4

 

Danny Seymour, Engineer, was sworn.  Mr. Seymour gave his credentials which were accepted by the Board.

 

Entered into evidence:

 

A-1            Rendering showing the entire property including the race track and parking lot – page two of the site plan dated September 2, 2003

A-2      Site plan dated September 2, 2003 prepared by D. Seymour consisting of three sheets

 

Mr. Seymour said the main entrance will be off Route 34.  The Route 34 entrance will be an entrance only.  The second exit will be on Hurley Pond Road.  You will enter from Route 34 and proceed to the ticket book in front of the refreshment stand.  The parking area is gravel and sand now.  Lines will be painted on the gravel for parking spaces.  It will be non-toxic paint.  The projector will be in a trailer to the south of the parking area. 

 

Entered into evidence:

 

A-3            Rendering of the site plan

 

Mr. Seymour, using A-3, showed where the proposed screen will be.  The screen will be 80’ wide and 50’ – 52’ in height. 

 

Attorney Aikins said it will not exceed 52’.  Mr. Seymour said that is correct.

 

Attorney Aikins asked what surrounds the screen.  Attorney Hirsch asked, once this structure is completed will it stay there or can it be taken down.  Mr. Seymour said it will stay.  It is 160’ from the nearest property line.  It is all woods to the north.  It is 80’ from the nearest parking space.  The parking spaces are 10’ X 20’.  There is a 30’ aisle.  The property slopes down toward the screen.  There will be no parking behind the projector.  There will be a maximum of 607 parking spaces. 

 

Attorney Aikins asked how the applicant would control 607 spaces.  Mr. Seymour said when the ticket booth gets 100 tickets away from 607 they would close off the entrance.

 

Attorney Hirsch asked if the 52’ is the height of the screen.  Mr. Seymour said the screen itself is 34’ high X 80’ wide. 

 

Entered into evidence:

 

 A-4     Aerial rendering of the site

 

Attorney Aikins asked what the distance is between the screen and the closest structure to the northeast.  Mr. Seymour said 450’.  The land slopes down in that area.  There is a 12’ – 14’ difference in height from the parking area to the screen. 

 

Mr. Seymour stated across from the site there are a new shopping center and a golf course.


September 17, 2003                                                                                                    Page 5

 

Mr. Seymour, using A-3, said the building to the west of the refreshment stand is the office for the Speedway. 

 

Attorney Aikins said the bathrooms and food stand will be open during the time the drive-in would be opened.  Mr. Seymour said yes.

 

Attorney Aikins said the concession stand does not sell alcohol.  Mr. Seymour said that is correct.  There will be a flyer give out when you come in.  It will give directions. 

 

Mr. Seymour, suing A-3, said the entrance is from Route 34.  You will enter the site and proceed to the ticket booth.  There will be no entrance to the drive-in until your ticket is purchased.  Cars will pull around and employees will direct them where to park.  They will exit to Route 34 and Hurley Pond Road.

 

Attorney Aikins said the proposed parking area is not paved.  Mr. Seymour said that is correct.

 

Attorney Aikins asked if the run-off will stay on site.  Mr. Seymour said it will drain toward Hurley Pond Road. 

 

Attorney Aikins asked about handicap drivers.  Mr. Seymour said there is a paved area for handicap parking. 

 

Attorney Hirsch asked about ADA regulations.  Attorney Aikins said he did not know of any.  He said they will work with the Board Engineer.  Attorney Hirsch said you also need handicap spaces.  They would have to meet the size, etc.  Mr. Seymour said we can supply 19 handicap spaces if needed.  Attorney Hirsch asked about bathroom facilities.  Mr. Seymour said the handicap spaces would be closest to the bathrooms. 

 

Mr. Gray asked Mr. Gerken about ADA requirements.  Mr. Gerken said he doesn’t know if there is any. 

 

Mr. Palmer asked what the distance is between the screen and the cars.  Mr. Seymour said 80’.  Mr. Palmer asked if that was sufficient.  Mr. Seymour said they got that information from people that run drive-ins in other states.  Mr. Gerken said the screen starts 18’ off the ground. 

 

Mr. Palmer asked what is the maximum wind the structure and screen can withstand.  Mr. Seymour said 85 MPH.  Mrs. Morrissey said there was one in upstate New York that did not withstand that.  She asked if the structure is different than those in the 50’s.  Mr. Seymour said yes. 

 

Mrs. Morrissey asked about the stacking up of cars.  Mr. Seymour said they can handle about 1200’ of cars - doubled. 

 

Mrs. Morrissey asked how many cars can be stacked.  Mr. Seymour said the speedway has 2,000 people at each event, about 700 cars.

 

Mrs. Morrissey asked if you will be able to see the screen from Route 34.  Mr. Seymour said no.


September 17, 2003                                                                                                    Page 6

 

Entered into evidence:

 

A-5            Rendering of site line section from Hurley Pond Road and Route 34

 

Mr. Seymour, using A-5, stated there are a number of plants and trees on Hurley Pond Road and Route 34.  The sight line goes right through the trees.  There are 30’ of trees that will block the view from Hurley Pond Road and Route 34.  The screen is about 1,550’ from Route 34.  You would not see the screen at all.  It is about 2,600’ from 195. 

 

Mr. Palmer asked what is the closest location to a resident in the immediate area.  Mr. Seymour said the nearest resident is over 1,000’.  Mr. Palmer asked if they would be able to see the screen.  Mr. Seymour said I don’t think so.  They will see the back of the screen.  Mr. Palmer asked what color is the front of the screen.  Mr. Seymour said white.

 

Mr. Rembiszewski asked if there were any drive-ins in New Jersey.  Mr. Seymour said no.

 

Attorney Aikins said if the applicant were to agree to install ½ - 1” rubber caps to show a line would that be sufficient.  Mrs. DeSarno said yes.  Mrs. DeSarno asked if they would be visible at night.  Mr. Seymour said yes.

 

Mr. Rembiszewski asked about the residents on Hurley Pond Road hearing the sound.  Mr. Seymour said they are on the other side of the hill.  The sound will be through the car radio.  Attorney Aikins said there will be no speakers on the screen. 

 

Mr. Palmer asked for the size of the car spaces.  Mr. Seymour said 10’ X 20’. 

 

Mrs. Morrissey asked why there was no EIS being done.  Mr. Seymour said because it is being used as parking now and we are not changing any of the drainage, etc.  We are not opening up any new land. 

 

Attorney Aikins asked about illumination.  Mr. Seymour said the road, concession stand will be illuminated.  Attorney Hirsch asked if a lighting plan was submitted.  Attorney Aikins said no.   

 

Mrs. DeSarno said you will hear sound just from the car radio.  Mr. Seymour said yes.

 

Mr. Gray asked if a car battery can last three hours.  Mr. Seymour said yes.

 

Mrs. Morrissey asked if there would be an impact on cell phones.  Mr. Seymour said it is just a radio frequency.  He said he does not know of any impact that would occur.

 

Mr. Seymour said he met with Joseph Rizzitello, Fire Prevention.  He would like to see “No Parking - Fire Lanes.”  Mr. Rizzitello would also like additional signs along the entire site.  The applicant agrees.

 

Mr. Gray asked Mr. Seymour if he designed the parking lot.  Mr. Seymour said he designed the location of the screen.


September 17, 2003                                                                                                    Page 7

 

Chairman Clayton asked if after the Saturday night race the lot will be re-graded.  Mr. Seymour said parking for the race track is different because of the entrance. 

 

Mr. Gray said on a race day 700 cars park there.  Mr. Seymour said yes.

 

Mr. Palmer asked about the caps.  Attorney Aikins said they would place the caps at the beginning of the arch and carry it through.  They would stripe in between.  After each row fills up they would pick up the cones.

 

Attorney Hirsch if the striping is still there on race day it might cause confusion.  Attorney Aikins said there are parking attendants for race events. 

 

Mr. Palmer asked if there have been any problems with parking on race day.  Attorney Aikins said it has been without incident.  He said he is not aware of any problems.

 

Mrs. Morrissey asked if any township services would be needed, such as, Police Department, etc.  Attorney Aikins said from time to time the Speedway has employed the Police Department.  He said he is not aware of any security problems.

 

Mr. Gray said he would like to see some type of permanent parking spaces.

 

Mrs. DeSarno said to move the screen.  Bring the traffic around.  Mr. Seymour said the site slopes down.  The cars are looking over the car in front of them.  They cannot move the screen.

 

Mr. Gerken said there is going to be an employee at the frontline of each of the rows.  Mr. Seymour said yes.

 

Attorney Hirsch said there is no way you can guarantee that you are going to have 607 parking spaces.  It will depend on how good the cars are parked. 

 

Mr. Rembiszewski asked about parking for larger vehicles, such as, SUV’s.  Mr. Seymour said the smaller vehicles will be parked so they are not behind the SUV’s.  Attorney Hirsch asked how he is going to do that.  Mr. Gerken said you are getting into operation questions.

 

Mr. Palmer asked if there would be any type of vehicle that would not be permitted.  Mr. Seymour said no.  Mobile home types will be parked in the back. 

 

Attorney Aikins asked if Mr. Seymour researched this subject.  Mr. Seymour said yes.

 

9:10 P.M. the meeting recessed.

 

9:25 P.M. the meeting resumed.

 

Chairman Clayton asked about the review letter from Schoor DePalma dated September 15, 2003.  Mr. Gerken asked about the site being within the airport hazard zone.  Attorney Aikins said they have made application to the FAA.


September 17, 2003                                                                                                    Page 8

 

Attorney Aikins, regarding the parking, said they would install the low profile reflectors that we see on state highways.  They would delineate the 607 parking spaces with reflectors.  Those would be permanent.  On race nights the staff would direct the parking. 

 

Mr. Palmer asked if 607 running cars would have an impact on the air.  Mr. Seymour said we have discussed doing a study regarding that.  Attorney Hirsch asked if they were going to present something to the Board.  Attorney Aikins said they would if the Board requests it.  He said in the winter you may need to turn the car on for heat.  Chairman Clayton said an EIS is required.

 

Chairman Clayton asked if there was anything in the review letter of September 15, 2003 that the applicant cannot comply with.  Mr. Seymour said on page two under Site Plan Issues, #2, the drive-in will be open Sunday thru Friday during race season.  After race season it will be seven days a week until the weather is too bad.  He said they should be open from April thru October. 

 

Mrs. DeSarno asked if they stay open during rain.  Mr. Seymour said they do show the movie during the rain.  Attorney Aikins said it would depend on how the market responds.

 

Mr. Gerken asked about additional lighting.  Mr. Seymour said just exit lights will be used.

 

Mr. Gerken asked if they are going to re-grade the parking area.  Mr. Seymour said that is done regularly. 

 

Attorney Hirsch, referring to Item 12 on page 3 of Mr. Gerken’s letter, asked if the applicant is going to provide the information regarding how the containers will be supported or anchored or if a wind load design has been performed.  Mr. Seymour said that information will be provided to the Board.

 

Mr. Gray, referring to Item 16 on page 3 of Mr. Gerken’s letter, asked if the trailer will be permanent or something that will be towed in for the evenings when the Drive-In will be open.  Mr. Seymour said it will be towed in for the week.

 

The application was open to the public.

 

Jim Stigliano, Sharpe Road, asked what the zone is.  Mr. Seymour said OR-10.  Mr. Stigliano said this is not a permitted use.  Mr. Seymour said that is correct.  Mr. Stigliano asked why this was not before the Planning Board.  Mr. Seymour said because it is a zoning issue with variances. 

 

Mr. Stigliano asked if the applicant will make any improvements to Route 34.  Mr. Seymour said none at this time.

 

Mr. Stigliano said if there are 600 cars, that is 6,000’ of cars, does Mr. Seymour think that entrance on Route 34 can handle that.  Mr. Seymour said it handles more than that now.  Mr. Stigliano asked how many days.  Mr. Seymour said one day, Saturday.  Mr. Stigliano said if approved there will be 600 cars a night.  Mr. Seymour said there is stacking space on site.  There is over 2,400’ of stacking space.  Mr. Stigliano asked if they thought about using Wall Police Department.  Mr. Seymour said that was up to the discretion of the owner.


September 17, 2003                                                                                                    Page 9

 

Mr. Stigliano asked if there was septic or sewers on site.  Mr. Seymour said septic.  Mr. Stigliano asked if the system could handle approximately 600 cars with two people per car, 1200 people.  Mr. Seymour said it is handling 2,000 people on Saturday.  Mr. Stigliano said 1200 people per day might be different. 

 

Mr. Stigliano asked when the movie would end.  Mr. Seymour said it will end at approximately 11:30 P.M.

 

Mr. Stigliano asked if they will be serving liquor.  Mr. Seymour said alcohol is not permitted on site.  He said that would be a security issue. 

 

Mr. Stigliano asked if a traffic expert is coming in to testify.  Attorney Aikins said no.  He said this is less traffic than presently serves the site.

 

Mr. Stigliano asked if the jug handle will be able to handle the traffic.  Mr. Seymour said it is handling the race car traffic now which is more than this use.

 

Chairman Clayton said a traffic study was brought up in the Police Department letter and Mr. Gerken’s letter. 

 

Mr. Gray said race night people park and then go pay there isn’t the stacking.  Mr. Seymour said they entrance is two car wide.

 

Mrs. Morrissey asked about the letter from Monmouth County Board of Health regarding the septic tank.  Mr. Seymour said they have not seen that letter.

 

Ernest Bongiovanni, 2008 Plymouth Court, asked if the witness was sworn.  Attorney Aikins said yes. 

 

Mr. Bongiovanni said to Mr. Seymour you said the use is less than what is existing.  A once a week operation brings traffic to the site where they just basically use the parking lot than a year round operation.  Are you saying this is less intense?  Attorney Aikins said he will defer this to the traffic expert.

 

Mr. Bongiovanni said page one of the plan states you are seeking a variance for height.  Mr. Seymour said it is for 52’. 

 

Mr. Bongiovanni said part of the existing area is sand.  Mr. Seymour said sand and gravel.  Mr. Bongiovanni said you are making the parking lot gravel.  Mr. Seymour said we are doing grading to level it off.  Mr. Bongiovanni asked why not asphalt.  Mr. Seymour said the ground has been utilized by cars for 50 years.  If we use asphalt it will increase the run-off.  Mr. Seymour said anytime you pave you have to deal with run-off.  Mr. Bongiovanni said that could be a benefit.  Swales do not involve taking down trees.  Mr. Seymour said he has done parking lots before.  A swale would be too small for this site.

 

Mr. Bongiovanni said the applicant is asking for a number of waivers.  What are some of the other waivers?  Mr. Seymour said our planner will give testimony regarding the waivers.  Mr.


September 17, 2003                                                                                                    Page 10

 

Bongiovanni said does that mean you have no opinion as to whether or not the waivers are justified.  Mr. Seymour said the planner will testify.  We are not proposing any new streets, utilities, any drainage facilities, etc.  We will be submitting an EIS.

 

Mr. Bongiovanni said the existing use was never approved.  This use predates planning. 

 

Mr. Bongiovanni asked for the percentage of parking on site.  Mr. Seymour said about 40%.

 

Mr. Bongiovanni asked if any reports have been done as to what impact the lighting from the screen will have on the surrounding community.  Mr. Seymour said we have not done any                                                                                  

reports.  We do know that stadium lighting is different.  The nearest road is 2600’ away from the screen.

 

John Kowalsky, 1731, Martin Road, was sworn.  Mr. Kowalsky asked if a marketing survey was done.  Mr. Seymour said the owner will answer that.

 

Mr. Kowalsky talked about the noise.  He asked if there was any discussion about having 600 cars with their engines running.  Mr. Seymour said we did not do a noise study.  The noise will be less than from the racetrack.

 

Phil Perricone, 1741 Azure, was sworn.  Mr. Perricone asked if they are obtaining a FAA waiver.  He asked about the impact the screen will have on incoming aircraft.  He said it looks like the screen will be in the pilots view.  Mr. Seymour said they have applied to the FAA.  The FAA has certain variables.  We will be under their hazard area but they have to approve that.

 

Robin Cervates, 2009 Tally Ho, was sworn.  Ms. Cervates asked if a site study was done from 195 going west.  Mr. Seymour said he did the study going east.  Ms. Cervates said she has seen lights over Wall Speedway.  Can someone driving on 195 see the picture?  Mr. Seymour said no.

 

Ms. Cervates asked how long it takes the parking lot to empty out.  Mr. Seymour said the drive-in will close at 11:30 P.M.  It should be empty by midnight.

 

Mr. Bongiovanni asked does the Board feel that it’s appropriate that the noise being generated from the site also include the noise from the race track.  Attorney Hirsch said no.

 

Mr. Bongiovanni said he thought when one site has one pre-existing, non-conforming use there can’t be another one.  It is one property.  When you are expanding the use on the property you are expanding the pre-existing, non-conforming use.  Attorney Aikins said the drive-in theater would be operated only when the raceway was not in use.

 

Chris Conte, 2083 Overbrook Drive, was sworn.  Mr. Conte said the screen will be built with separate containers.  Mr. Seymour said that is correct.  The containers are 8’ tall.  They will be six high and 12 across.  They are welded containers.

 

Mr. Conte said standing on Hurley Pond Road at the light can you see the top of the screen.  Mr. Seymour said, using A-4, he would say no because the trees will block the view. 


September 17, 2003                                                                                                    Page 11

 

Chairman Clayton said this application will continue on October 15, 2003. 

 

Attorney Aikins said he is reserving the right to recall Mr. Seymour.

 

Chairman Clayton said no further noticing is required.

 

RESOLUTIONS TO BE MEMORIALIZED:

 

ERIC OLSEN – BA#27-2003

Block 853, Lot 26                                                        Gray/Morrissey

 

TERRANCE HEAGLE – BA#25-2003

Block 142, Lot 6                                                          Morrissey/Rembiszewski

 

MINUTES TO BE ADOPTED: Mrs. DeSarno moved to approve the minutes of the Regular Meeting of September 3, 2003.  Mr. Gray seconded the motion which was unanimously approved.

 

Mr. Gray made a motion for the Board to go into private session.  Mrs. Morrissey seconded the motion which was unanimously approved.


September 17, 2003                                                                                                    Page 1

Private Session

 

SUNNYSIDE – Attorney Hirsch said we have a draft agreement which has been signed by Sunnyside and the Township Committee.  The proposal could provide better zoning alternatives.  There must be a public hearing.  The applicant will submit a new application.  The professionals will provide reports.  They can have a TRC.  The Board will then schedule a meeting.  He asked if the Board wanted a special meeting or a regular night.  Within 30 days after the Board’s Professionals reports you are required to schedule a meeting.  If it is not completed on the first night we must complete the process and make a decision within 60 days of the first hearing.  They must renotice.  It is going to take five members of the Board to approve.  The resolution executing a settlement agreement of litigation must be adopted tonight.

 

SUNNYSIDE MANOR

Block 876, Lots 16 & 44.01                                                   Palmer/Rembiszewski

 

ATTENDANCE – Chairman Clayton brought up the attendance of some members.  Mr. Gray asked if there was an attendance policy.  Mr. Palmer said to address the single issue.  Mr. Gray suggested taking care of the problem with Mr. Addonizio and then addressing a new policy.  Attorney Hirsch said you are an independent Board you can make the decision.  Chairman Clayton said he will talk to Mr. Addonizio before any action is taken.

 

There being no further business to come before the Board, a motion was made, seconded, and unanimously approved to adjourn the meeting at 10:45 P.M. 

 

                                                                        Respectfully submitted,

 

                                                                       

 

 

Betty Schinestuhl

                                                                        Recording Secretary