ZONING BOARD OF ADJUSTMENT
MINUTES OF THE REGULAR MEETING
SEPTEMBER 18, 2002
The Regular
Meeting of the Wall Township Board of Adjustment was called to order by
Chairman Clayton at 7:40 P.M. Members
present were Chairman Clayton, Mary DeSarno, Anthony Rembiszewski, Wilma
Morrissey, Ralph Addonizio, second alternate James Gray, Attorney Fox, Planning
Coordinator Roberta Lang, Recording Secretary Betty Schinestuhl, Engineer Gerken
and Court Reporter Arnone.
Attorney Fox
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announced the Kim and Richard Wagner application has been withdrawn.
CASE #BA23-2002
– Date application
complete: June 25, 2002
APPLICANT: JAMES
M. RADEMACHER
PROPERTY: 2430
Algonkin Trail, Block 324, Lot 1, R-7.5 zone
RELIEF
REQUESTED: Bulk variance
Attorney Fox
reviewed the file and stated the Board had jurisdiction to proceed.
Sworn by
Reporter Arnone: James Rademacher
Richard
Grasso, Architect
Entered into
evidence:
A-1 Photo of neighboring homes
A-2 Photo of neighboring homes
A-3 Photo of neighboring homes
A-4 Photo of neighboring homes
A-5 Photo of neighboring homes
A-6 Photo of neighboring homes
A-7 Photo of neighboring homes
A-8 Photo of neighboring homes
A-9 Photo of neighboring homes
A-10 Photo of neighboring homes
A-11 Photo of neighboring homes
A-12 Plans of first floor dated June 19,
2001prepared by Falco Engineering
September 18,
2002 Page 2
Mr. Rademacher
said he is proposing to take off the roof of his home and add a second story,
two car garage and a great room. He
said a variance is needed for the right side setback. He said he is close on lot coverage. He said it is 25% now and that is the maximum.
Mr. Grasso said
the existing home is a three bedroom ranch.
He said the applicant has lived there for 11 years. They are proposing to relocate the bedrooms
upstairs.
Mr. Grasso said the
proposed garage is the only issue. The
rear yard setback requirement is 15’ and 19 is being proposed. He said the other issue is the side yard
setback. Mr. Grasso, using page 5 of 7,
showed the front elevation. He said the
roof slopes away from the street.
Mr. Rademacher
said he drove through the neighborhood (within 1,000’) and found houses that
had additions put on. He said some
showed setbacks were not met.
Mr. Grasso said
the renovation of this house does not have a detrimental impact on the
neighborhood. He said it is good for
the neighborhood.
Chairman Clayton
said the house is 13˝’ from the property line.
He asked how far the house from the street is. Mr. Rademacher said an additional 4’ for a total of 17˝’.
Mr. Grasso said
it makes sense to have the second garage.
It looks esthetically pleasing.
Mrs. Morrissey
asked if they put one two car garage door up instead of two separate garage
doors would it reduce the width. Mr.
Grasso said no.
Mrs. Morrissey
asked if the fence would be removed. Mr.
Rademacher said 12’ of fence in the front and the entire fence in the rear will
remain.
Mrs. Morrissey
asked if a height variance was needed.
Mr. Gerken said one was not needed.
Mr. Grasso said the actual height of the garage is only 25’. He said the main part of the house is about
30’.
Chairman Clayton
asked if there would be an additional landscaping. Mr. Grasso said yes.
Mr. Rademacher
said the Seasonal High Water Table elevation will be provided.
Mr. Gerken said
the variance for building coverage is not needed because they are within the
regulations. Attorney Fox said that
part of the application is withdrawn.
Mrs. Morrissey
asked if any neighbors have objected to the plans. Mr. Rademacher said not that he knows of.
The application
was open and closed to the public.
September 18,
2002 Page 3
Mr. Addonizio
moved to approve the application. Mrs.
Morrissey seconded the motion, which was unanimously approved by a roll call
vote. (Mr. Addonizio, Mrs. Morrissey,
Messrs. Gray, Rembiszewski, Mrs. DeSarno and Mr. Clayton voted yes.)
CARRIED APPLICATIONS
CASE #BA23-2002 – Date application complete: June 10, 2002
APPLICANT: VICTOR AND URSULA AYERS
PROPERTY:
1590 Holly Boulevard,
Block 850, Lot 1, R-20 zone
RELIEF REQUESTED: Bulk Variance
Anthony Mancuso,
Esq. appeared for the applicant.
Attorney Fox has
reviewed the file and stated the Board had jurisdiction to proceed.
Sworn by
Reporter Arnone: Victor Ayers
Entered into
evidence:
A-1 Photo of property
A-2 Photo of property
A-3 Photo of property
A-4 Photo of property
A-5 Photo of property
A-6 Photo or property
A-7 Photo of property
A-8 Photo of property
A-9 Revised plan
Attorney Mancuso
said this property is located at 1590 Holly Boulevard. It is approximately 1˝ acres. It fronts on Holly Boulevard. He said because of the paper street the
sheds are in the front yard. Mr. Ayers
purchased the property about six years ago.
He said one of the sheds is 8’ off the property line. He said the other shed is almost right on the
property line. He said the sheds were
placed there because it is a wooded area.
The neighbors are approximately 80’ from the sheds. He said one of the neighbors filed a
complaint because one of the sheds is in violation. He said there was a plan to leave both of the sheds where they
are and hide them with shrubs. Mr.
Ayers has decided to move one shed back 30’.
He said as an additional buffer he would like to place a 6’ fence down
the property line. He said this would
screen the remaining shed. He said if
Hemlock Road is improved they would move the shed and remove the fence. Mr. Gerken said a 4’ fence is allowed in the
front yard.
Mr. Ayers said
what he proposes is a fence going from the corner of his house to the property
line and then run it from there north back to the corner. Attorney Fox stated if the Board is
September 18,
2002 Page 4
asking Mr. Ayers
to put up a fence then he does not need a variance and he does not need to
notice. Mr. Addonizio said he thinks it
would be a good idea to put a fence up.
Mrs. Morrissey
asked what type of fence would be put up.
Mr. Ayers said it will be a designer fence. It will be board on board.
It will look the same on both sides.
All Board members agreed Mr. Ayers should put up a fence.
Chairman Clayton
asked if Mr. Ayers put in both sheds.
Mr. Ayers said yes. He said you
cannot even see them from Holly Boulevard.
Mrs. Morrissey
said she could not even see the second shed until someone pointed it out to
her.
The application
was open to the public.
Patricia Beam,
2404 Ramshorn Drive, was sworn. Mrs.
Beam said her access is on Hemlock. She
said she believes one of the sheds is over the property line. She asked how Mr. Ayers figures the shed is
80’ from the neighbor’s house. Mr.
Gerken explained where the 80’ came from.
Kyle Kaskiw,
1580 Holly Boulevard, was sworn. Mr.
Kaskiw said he lives next door to the Ayers.
He moved there in 1996. He said
up until last year he never knew there were sheds on the property. He said the Ayers have done nothing but
improve the esthetics of the street. He
said they have increased the property values.
Toni Easley,
2406 Ramshorn Drive, was sworn. Mrs.
Easley said Hemlock is the only access to her home. She said when she has company they have to park on Hemlock. She said Mr. Ayers has taken down trees on
Township property. Mrs. Easley stated
Mr. Ayers got a summons for all the debris that was on the property.
Mrs. Beam said
they objected to the sheds because Mr. Ayers took down trees to put up the
sheds. She said she does not want to
look at sheds.
Jim Easley, was
sworn. Mr. Easley said he knows the
Board is going to do the right thing and have him move the sheds. Mr. Easley complained about the debris on
the property. Attorney Fox said those
issues are not before the Board. He
suggested Mr. Easley go to the Code Enforcement Officer or the Township
Committee. He said there is nothing
this Board can do about the debris.
Mr. Gray asked
Mr. Easley about the trees Mr. Ayers moved on Hemlock. He said if it is a street where were the
trees removed from. Mr. Easley said
along the side.
Chairman Clayton
asked if there was going to be any additional landscaping done between the shed
and property line. Mr. Ayers said
yes.
Mr. Gray asked
for the height of the sheds. Mr. Ayers
said both are 8’.
September 18,
2002 Page 5
Mr. Gray asked
Mr. Ayers if he would object to planting avidities. Mr. Ayers said no. He
said he has planted spruce and Leland’s.
Mr. Gray said in a few years you won’t be able to see the sheds.
Attorney Mancuso
said the applicant does not plan to block access to the neighbor’s homes. The fence will be on the property line. He said the applicant will plant outside of
the fence. He said the applicant will
buffer the sheds. Attorney Mancuso said
there is not a substantial detriment to the residents.
Mrs. DeSarno
moved to approve the application subject to moving #2 shed 30’ in; installing a
6’ fence on the west side of the property; plant cypress and Leland’s along the
fence and the back side of the two sheds.
Mrs. Morrissey seconded the motion, which was unanimously approved by a
roll call vote. (Mesdames DeSarno,
Morrissey, Messrs. Gray, Rembiszewski, Addonizio and Clayton voted yes.)
The Board
recessed at 9:50 P.M.
The meeting
resumed at 9:05 P.M.
CASE #BA15-2001 – Date application complete: May 15, 2002
APPLICANT: CHRISTOPHER MECCIA
PROPERTY: 1640 Martin Road, Block 942, Lot 16,
R-60 zone
RELIEF REQUESTED: Bulk Variance
Timothy B.
Middleton, Esq. appeared for the applicant.
Mr. Gerken
stated his office has not received anything new from the applicant since the
last meeting.
Attorney
Middleton said the last meeting was December 2001. He said at that hearing this was an underside lot case, lot area,
width and frontage. He said no
variances were being asked for regarding setbacks. Height requirement is being met.
Mr. Lawrence testified regarding the LOI. The applicant retained Peter Avakian. Mr. Avakian submitted a plan in January 2002. That plan was reviewed by Mr. Gerken.
John McDonough,
was sworn. Mr. McDonough gave his
credentials which were accepted by the Board.
Attorney
Middleton stated Mr. McDonough was asked to do a title search. He was asked to go back to when the lot was
created and to check whether the present owner ever owned any contiguous
property. Mr. McDonough said Mr. Meccia
is the owner. He said a change of title
was done back in 1955. The lot was
created in 1955. Approval by the
Planning Board for a subdivision was done in April 1955. There is a plan for the subdivision attached
to the deed. Mr. McDonough went over
all the owners back to 1955.
September 18,
2002 Page 6
Attorney Fox
asked if anyone owned any contiguous property.
Mr. McDonough said no.
Entered into
evidence:
A-12 Chain of title
The application
was open to the public.
Edward Liston,
Esq. asked if Mr. McDonough ran out the title of the White remainder. Mr. McDonough said no. He said they looked for any deeds conveyed
to Mr. Meccia.
Mrs. DeSarno
asked what it means to run out the White chain. Attorney Liston answered; if he had run out the chain of title he
may have found more information.
Mr. Addonizio
asked if this lot was a conforming lot at one time. Attorney Middleton said in 1955 it was a conforming lot. He said around 1959 – 1960 it became
non-conforming.
Attorney Liston
said there was a series of conveyance of title in the Hegedus’ name going back
and forth. He asked Mr. McDonough if he
ran a portion of the White property.
Mr. McDonough said no. Attorney
Liston asked if the Hegedus’ had any relationship to the White’s. Mr. McDonough said he was not asked to do
that.
Peter Avakian
was sworn. Mr. Avakian gave his
credentials as an engineer and planner which were accepted by the Board.
Mr. Avakian said
he is familiar with the site and the neighborhood. He reviewed the plans. He
said the property in question is a ľ acre wooded lot.
Mr. Avakian said
there is 120’ frontage. He said the
homes in the neighborhood are a little larger.
There are some split levels and a log cabin. He said the proposed house has similar characteristics. He said out of 29 lots in the neighborhood,
six are undersized.
Attorney Middleton
asked if he felt the proposed home is in conformity. Mr. Avakian said yes.
Attorney
Middleton asked if this would have a negative impact on the neighborhood. Mr. Avakian said it will not.
Attorney
Middleton asked if this proposed house would block the air or open space. Mr. Avakian said no.
Mr. Avakian said
all bulk requirements are being complied with.
Entered into
evidence:
A-13 Site Location Plan prepared by Peter Avakian
dated January 31, 2002
September 18,
2002 Page 7
Attorney
Middleton asked Mr. Avakian to describe A-13.
Mr. Avakian said
this shows the foot plan. It complies
with side and rear setbacks. It will
meet all setback requirements. He said
the flow of water will continue in a normal fashion.
Attorney Fox asked,
does this insure that the drainage, after construction will not add to the
existing run-off. Mr. Avakian said that
is correct.
Chairman Clayton
asked if Mr. Avakian had an average of the size of homes in that area. Mr. Avakian said he is going by visual
observation, maybe 2,000 s.f. – 3,000 s.f.
Attorney Fox asked if that just included the first floor. Mr. Avakian said yes. Attorney Fox said then the total would be
twice that. Mr. Avakian said yes. He said the proposed house would be a total
of 2,200 s.f.
Chairman Clayton
asked if the house would keep with the character of the neighborhood. Mr. Avakian said yes.
Mrs. Morrissey
asked, the water coming from the pond, would you expect standing water. Mr. Avakian said it is going to set into the
grade of the property. The water will
continue to run off in a southeast direction.
There will be no standing water.
Attorney Fox
asked if this application totally complies with bulk requirements. Mr. Avakian said yes.
Attorney Fox
asked if the proposed dwelling was excessive for the size of the lot. Mr. Avakian said no. He said there is 7˝% lot coverage where 10%
is allowed.
Attorney Liston
asked if the wetlands come within 1’ – 2’ of the proposed dwelling. Mr. Avakian said 3’ – 4’. Attorney Liston said you cannot do anything
in the wetlands buffer. Mr. Avakian
said there are allowances. He said you
are allowed to encroach on them. You
are required to provide a waiver.
Attorney Liston
asked if the grading plan was done. Mr.
Avakian said yes.
Attorney Liston
said the dwelling that is being proposed does not have a backyard. Mr. Avakian said you are not going to be
able to construct anything in the buffer area.
Attorney Fox
said there are wetland plants you can put in the area. Attorney Liston said the DEP does not allow
you to remove the underbrush.
Peter Skokos,
1627 Rustic Court. Mr. Skokos said he
lives within 200’ of the property. He
said his house is assessed at almost 6,000 s.f. Mr. Skokos said every house in the neighborhood is over 3,200
s.f. He asked if Mr. Avakian thought a
2,200 s.f. house with no backyard would be an addition to the
neighborhood. Mr. Avakian said he
already testified to that.
Joseph Dochney,
Esq. said in this block six properties are undersized. Mr. Avakian said yes he has a copy of the
tax map.
September 18,
2002 Page 8
Attorney Dochney
asked how many lots are 30,000 s.f. Mr.
Avakian said he did not do the research lot by lot.
Attorney Fox
said there is an existing LOI that was approved by the DEP. Attorney Fox said this Board is bound by that
LOI.
Entered into
evidence:
O-1 Report showing the LOI from the DEP is
incorrect
O-2 Photo showing wetlands
O-3 Photo showing wetlands
O-4 Photo showing wetlands
Attorney Fox
asked Attorney Middleton what happened to the neighbors that asked about
purchasing the property. Attorney
Middleton said no one has come forward to purchase the property.
William Shimko,
was sworn. He said he owns lot 15. It is northwest of the subject property. He said he never got notice of the LOI. The only notice he received was the notice
for this hearing.
Attorney Liston
asked Mr. Shimko to tell the Board what his concerns are. Mr. Shimko said the size of the dwelling
does not conform to the neighborhood at all.
He said that house does not belong in that neighborhood. He said he has a problem with building on
this property because his property will become wet. The drainage will go toward his house.
Attorney Liston
asked Mr. Shimko if he had any other concerns.
Mr. Shimko said on Martin Road a large percentage of the houses are
secluded by woods. He said with this
project there will be three houses on top of each other. He said the house is out of character.
Attorney Fox
asked Mr. Shimko if he notified DEP that he did not receive the letter
regarding the LOI. Mr. Shimko said he
told them he was not notified. He said
he has not heard anything back.
Attorney Fox
asked Mr. Shimko, if he did not agree with the DEP’s LOI, why did he not challenge
it. Mr. Shimko said he tried to do
something, the DEP has not gotten back to him.
Attorney Fox
asked what type of house Mr. Shimko would like to see on this property. Mr. Shimko said he would like the applicant
to abide by the laws. He said he does
not want that house there. Mr. Shimko
said he is concerned about drainage. He
said it is wet down Martin Road. He
said the water will come onto his property.
Mr. Shimko said
there are no houses that size in the neighborhood and no houses with
siding. They mostly have cedar shakes,
etc. Attorney Middleton said the
applicant will put up cedar siding.
Mrs. DeSarno
asked if all adjoining property owners notified regarding the LOI. Mr. Gerken said certified letters go out to
all property owners.
September 18,
2002 Page 9
Mr. Gerken asked
Mr. Shimko how long he lived at his residence.
Mr. Shimko said about two years.
Mr. Gerken said the previous owner probably got the notice.
Attorney Dochney
said Mr. Schweir’s appraisal said fair market value was $150,000. He thinks that is in excess.
Mr. Addonizio
recommended Attorney Dochney getting his own appraisal and having it for the
next meeting.
Chairman Clayton
stated this application will be carried to October 2, 2002 and December 4,
2002.
Attorney
Middleton waived the time limits.
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