TOWNSHIP OF WALL

ZONING BOARD OF ADJUSTMENT

MINUTES OF THE REGULAR MEET

HELD IN THE MUNICIPAL MEETING ROOM

OCTOBER 3, 2001

 

 

The Regular Meeting of the Wall Township Board of Adjustment was called to order by Chairman Noorigian at 7:36 P.M.  Members present were Chairman Noorigian, Vice Chairman Clayton, Mary DeSarno, Thomas Grasso, Ralph Addonizio, Anthony Rembiszewski, first alternate Mark Brosnan, second alternate Wilma Morrissey, Attorney Hirsch, Recording Secretary Betty Schinestuhl, Planning Coordinator Pam D’Andrea, Engineer Glenn Gerken, John Maczuga and Reporter Kane.

 

Attorney Hirsch announced that all requirements under the Open Public Meetings Act had been complied with for this meeting and read the purposes of the Board of Adjustment.

 

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 and September 5, 2001.

 

APPLICANT: TOWER LODGE

 

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

 

RELIEF REQUESTED: Site Plan. Use variance

 

Attorney Primavera appeared for the applicant.

 

Attorney Primavera stated Mrs. Bieber was under cross examination.  The witness is still under oath.

 

Attorney Primavera said the Board had some questions at the last meeting concerning the demographics of Tower Lodge and the names of the residents and where they lived before Tower Lodge.  Mrs. Bieber researched the addresses of the residents prior to Tower Lodge and addresses of their next of kin.  Mrs. Bieber said six residents lived in Wall Township.  She said 53% are from Wall Township and the immediate area.  66% are from Monmouth County.  10% are from Ocean County. 

 

Attorney Primavera asked how many residents have family in Wall Township.  Mrs. Bieber said 15 have next of kin in Wall Township.  65% have family in the surrounding area.  75% in Monmouth County.

 

Attorney Primavera said the Board had questions regarding the CON.  Mrs. Bieber explained the application of a CON.  She said the State does their own study to see if the beds are needed.  Mrs. Bieber brought with her the information needed to apply for a CON.  The application is submitted to the Department of Health and Senior Services.  Attorney Hirsch asked if this CON was for the beds already there or for the expansion.  Mrs. Bieber said it is for both.  Attorney


October 3, 2001                                                                                                          Page 2

 

Hirsch said the applicant is taking beds located in Monmouth County and transferring them to Tower Lodge.

 

Entered into evidence:

 

A-5      Letter from Department of Health and Senior Services, signed by Andrew P. Aronson,

dated March 28, 2000

 

A-6      Letter from Department of Health and Senior Services from Kenneth Hess, dated

September 11, 2000

 

Mrs. Bieber said the letter of September 11, 2000 is approving the transfer of 49 beds.  The letter of March 28, 2000 is approving the transfer of 11 beds. 

 

Attorney Primavera said the March 28th letter is approving the transfer of 11 beds from Imperial Care Center.  The September 11th letter is approving the transfer of 49 beds from The Lodge Health Care Center.  The letter also states no construction may begin until after the plans have been approved by DCA.  Attorney Hirsch asked if Attorney Primavera can provide the Board with information telling us why they are willing to transfer these beds. 

 

Mr. Brosnan said the letter of September 11th give an expiration date of September 11, 2001.  He asked if there was a letter granting an extension.  Attorney Primavera said he does not know.

 

Mr. Brosnan asked about the two different ID #’s.  Attorney Primavera explained one was a transfer of ownership number and the other is add a bed number.  The ER# is the same. 

 

Mr. Brosnan asked for a verification that there is an extension of this date.

 

Attorney Primavera asked Mrs. Bieber if she attempted to obtain the letters from vendors to amend the contract regarding tractor trailer deliveries.  Mrs. Bieber said yes.  Mrs. Bieber read the letter into the record.  The letter states the vendors cannot deliver any products by tractor trailer trucks. 

 

Attorney Primavera asked if this letter was sent to all vendors.  Mrs. Bieber said it was signed by all of them. 

 

Entered into evidence:

 

A-7      Letter to vendors stating no tractor trailer deliveries

 

Attorney Primavera asked if there were any changes made to garbage pick-up.  Mrs. Bieber said they requested trash pick-up three times a week instead of four.  They won’t pick up the trash until 7:30 A.M. – 8:30 A.M. 

 

Entered into evidence:

 

A-8      Letter from Marpal Disposal dated September 24, 2001 agreeing to pick-up time

October 3, 2001                                                                                                          Page 3

 

Attorney Primavera asked how the employees come to work.  Mrs. Bieber said there are a maximum of 32 employees on site at one time.  Mrs. Bieber said a staff member counted the cars in the parking lot during different times of the day when most of the staff is in the building.  It was done between shifts and on weekends when family members visit.  On September 26th at 10:40 A.M. there were 26 cars in the parking lot.  On September 25th at 10:40 A.M. there were 20 cars in the parking lot.  There are 27 employees on day shift that drive, 14 that are dropped off.  Mrs. Bieber went over the interview list.  She broke down who drove and who was dropped off.

 

Entered into evidence:

 

A-9      Parking lot audit

 

Attorney Primavera asked Mrs. Bieber about the EMS contract.  Mrs. Bieber said they have a contract with MONOC.  MONOC has signed the contract.  Mr. Feigenbaum will sign the contract when this application is approved. 

 

Entered into evidence:

 

A-10    Signed contract with MONOC

 

Mr. Addonizio asked where MONOC is located.  Mrs. Bieber said they have a base station at Jersey Shore.  She stated MONOC was one of the first responders on a 911 call. 

 

Mr. Grasso said on September 19th he visited the site at 2:45 P.M.  He was given a tour of the facility.  He stated there were 29 cars in the parking lot at 2:45 P.M.  That did not count the cars stacked in the driveway.  There were approximately seven additional cars in the driveway. 

 

Mr. Grasso asked how many cars were in the parking lot on September 20th.  Mrs. Bieber said 21.  Mr. Grasso said he counted 31.  Mr. Grasso said he has some concerns regarding the cars stacking up within the circular driveway.  Mrs. Bieber said that is due to the picking up of employees.  The shift changes at 3:00 P.M.  Mr. Grasso said there may be a problem with emergency vehicles getting in.  Attorney Primavera said they plan to eliminate the circular driveway. 

 

Mr. Grasso said there were 60 residents when he visited on September 19th.  He stated there were four – four bed rooms, four private rooms and 20 two bed units.  He said the size of the four bed rooms were equal in size to the private rooms. 

 

Mr. Grasso asked who was responsible for the parking lot audit.  Mrs. Bieber said the administrator gave her the numbers.  Mr. Grasso said there is no consistency to the parking audit.  Ms. Bieber said it was done that way so he could count the cars at different times. 

 

Mr. Brosnan said according to the letters submitted into evidence two other facilities are transferring beds to Tower Lodge.   Attorney Primavera said Tower Lodge will not get a CON for 120 beds until they get all approvals. 


October 3, 2001                                                                                                          Page 4

 

Mr. Addonizio said he had in his notes that Ms. Bieber was going to do the parking audit.  Ms. Bieber said she is not at the facility everyday.  She did not do this audit. 

 

Mr. Rembiszewski asked what the hours are for visiting.  Ms. Bieber said 8:00 A.M. through 8:00 P.M.  She said there is really no set time.  She said you can visit 24 hours a day.

 

Mrs. DeSarno said she visited the facility yesterday.  She said there were 16 – 17 cars in the parking lot. 

 

Jim Stigliano, Sharpe Road, asked for clarification on the CON.  Mrs. Bieber said Mr. Feigenbaum can answer those questions.  Mr. Stigliano asked if Imperial Care Center gave 11 beds to Tower Lodge.  Ms. Bieber said yes.

 

Mr. Stigliano asked if Ms. Bieber could find out why these facilities are being closed.  Attorney Hirsch said it has not been determined that these facilities are closed.  Attorney Primavera said they may never know why these beds were transferred. 

 

Joseph Lesniewski, 2307 Ruta Boulevard, asked if all calls were counted or just the calls to 911.  Ms. Bieber said just the calls to 911.  Mr. Lesniewski said each nurse spends an average of 2.5 hours per patient.  Ms. Bieber said that is correct.  Mr. Lesniewski asked if that would increase on the condition of the patient.  Ms. Bieber yes.  Mr. Lesniewski confirmed that depending on the condition of the patient the nursing staff may increase.  Ms. Bieber said if additional nursing staff was needed they would hire them. 

 

Mr. Lesniewski, regarding the contact letters to the vendors, if these would be transferred if ownership changed.  Attorney Primavera said there are several ways that can be dealt with.  He said they would be willing to accept that as a condition of approval. 

 

Mr. Edwards, 3214 Sharpe Road, asked about additional employees.  Ms. Bieber said there are currently 45 employees and after the proposed expansion there will be a total of 70 employees.  Ms. Bieber went over how many employees will be added per department.

 

Mr. Burkhardt, 3215 Brighton Avenue, asked what days trash is picked up.  Ms. Bieber said she didn’t know.  He asked if she could get that information.  He also asked if there was a way they could avoid weekend pick up.  Attorney Primavera said their routes are predetermined.  They try to do certain ones at certain times of the day.  We can ask them to push it back in the day.  Mr. Burkhardt agreed that it would be better later in the day.  Mr. Burkhardt asked if the facility adds more beds would you then have two dumpsters.  Ms. Bieber said there would be a larger one.

 

Meeting recessed at 8:55 P.M.

 

Meeting resumed 9:13 P.M.

 

Peter Avakian, LPE, PP, PLS will testify in engineering.  The Board accepted Mr. Avakian’s qualifications.

October 3, 2001                                                                                                          Page 5

 

Mr. Avakian said the property is 5 acres.  It is located in the R-30 zone.  Mr. Avakian said the properties to the north, south and west are all residential. 

 

Attorney Primavera asked if Mr. Avakian has prepared a site plan for Tower Lodge.  Mr. Avakian said yes.

 

Entered into evidence:

 

A-11    Colored rendering of site plan

A-12    Full set of site plans, consisting of 9 pages, dated November 2, 1999 last revised April 25, 2001

 

Mr. Avakian, using A-11, explained where the structure was located on the property.  He said if you pull into the circular driveway the building runs back just to the middle of the property.  It is a one story structure.  The entrance is on Gully Road.  There are resident rooms running along the center and rear corridor.  Gully Road is a major road.  It is a major point of access to 18, 33, 66, parkway, etc.  The improvements include relocating the entranceway.  There will be

improvements to the parking area, drainage system. 

 

Attorney Primavera asked what variances are needed.  Mr. Avakian said use, building coverage,

impervious coverage, loading area deficiency and a buffer deficiency.  Mr. Avakian explained

the variances.

 

Mr. Avakian said variances are required related to buffering.  He said in 1999 the buffer required was 50’.  He said the buffer requirement has been changed to 75’.  Mr. Avakian said two structures encroach on the buffer.  The 24’ X 24’ trash enclosure and the detention basin both encroach the buffer. 

 

Mr. Avakian described the proposed addition.  There will be no parking in the rear area.  Parking will be along the north property line.  The parking lot continues to the east.  The rear half of the property is wooded.  The circular driveway will be taken out.  The front will be landscaped.  Attorney Primavera stated the circular driveway will stay if that is what the Board requires. 

Mr. Avakian explained there should be a more defined drop off area.

 

Mr. Avakian said the proposed parking lot will continue along the north property line and go around to the loading area.  There will be 72 parking spaces on the proposed site.  There will be 10 handicapped spaces.  The parking spaces will comply with the ordinance.

 

Mr. Avakian said there will be a 24’ X 24’ trash enclosure.  There will be a metal gate that can be closed and latched.  It will be on a 6” concrete slab.  It will be easily accessible.  

 

Mr. Avakian said the building height of the proposed building complies with the ordinance. 

 

Mr. Avakian said the site will be graded from front to back.  The run off will be reduced.  The detention basin system is best for this lot.  The basin is mostly grass.  The basin system would safely collect and drain all the water that would fall on the site.  Mr. Avakian explained other types of drainage systems. 


October 3, 2001                                                                                                          Page 6

 

Mr. Avakian said there will be no fence around the basin.  Mr. Addonizio stated the Board would like to see a fence around the basin for safety reasons. 

 

Mr. Grasso asked what special consideration was given to this facility because it is in a R-30 zone.  Mr. Avakian said he reviewed this project based on the fact that it is a residential facility. 

 

Mr. Grasso had concerns regarding the detention basin encroaching the 75’ buffer area.  Mr. Avakian said this is the only land left on the site.  It is also the low point of the parcel.  Mr. Avakian said it is a wooded area.  Mr.  Grasso said he is very concerned regarding the basin being within the 75’ buffer area. 

 

Mr. Grasso asked if any of the trees are going to be removed.  Mr. Avakian said yes but he did not know how many. 

 

Mr. Grasso said there should be an EIS in relation to what is going to occur here.  Attorney Primavera said there was an EIS done. 

 

Mr. Gerken said we are looking to see if the trees are going to handle the detention basin.  The applicant is also going to plant new trees.  Mr. Grasso stated he does not understand the removal of natural buffer to accommodate a detention basin.

 

Mr. Addonizio suggested reducing the size of the building.  He asked if that has been discussed.  Mr. Avakian said he is the site engineer.  He said he was not involved in the demographics of the building.

 

Mr. Addonizio asked if this was the best possible plan.  Mr. Avakian said yes.  Mr. Avakian said it is a very good plan based on the needs of this facility. 

 

Mr. Addonizio asked for the square footage of the new addition.  Mr. Avakian said 23,760 s.f.  Mr. Addonizio asked for the grand total.  Mr. Avakian said 42,905 s.f.

 

Mr. Clayton said the rear of the building is going to be two stories in height.  It is going to be within 15’ of the buffer.  Mr. Clayton has concerns in not maintaining the 75’ buffer.

 

Attorney Primavera suggested an underground recharge system.  Mr. Gerken said they have been approved in the past. 

 

Mr. Grasso said it seems unnatural to him to remove the natural buffer. 

 

Mr. Clayton said he feels a better solution can be achieved.

 

Mr. Avakian said the closest neighbor is about 100’ from the rear of the property. 

 

Attorney Primavera said if they are going to comply with the 75’ buffer they are going to need more than two weeks.  He would like to have until December. 


October 3, 2001                                                                                                          Page 7

 

Chairman Noorigian said this application will be carried to December 12, 2001.  Attorney Primavera waived the time limits.

 

MINUTES TO BE ADOPTED:  Mr. Addonizio moved to approve the minutes of the Regular Meeting of June 6, 2001, the Study Session and Regular Minutes of August 1, 2001 and the Study Session and Regular Minutes of September 5, 2001.  Mr. Clayton 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 10:40  P.M. 

 

                                                                        Respectfully submitted,

 

 

                                                                        Betty Schinestuhl

                                Acting Recording Secretary