ZONING BOARD OF ADJUSTMENT
MINUTES OF THE REGULAR MEET
OCTOBER 16, 2002
The Regular
Meeting of the Wall Township Board of Adjustment was called to order by
Chairman Clayton at 8:03 P.M. Members
present were Chairman Clayton, Vice Chairman DeSarno, Wilma Morrissey, Dominick
Cinelli, Anthony Rembiszewski, second alternate James Gray, Attorney Hirsch,
Recording Secretary Betty Schinestuhl, Planning Coordinator Roberta Lang,
Engineer Glenn Gerken, Special Planner Maczuga and 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.
Attorney Hirsch
announced the Board is starting late because the Board was working in closed
session discussing a litigation matter.
CASE #BA27-2002
– Date application
complete: July 8, 2002
APPLICANT: JANE ALWELL & JOHN MULRENAN
PROPERTY: 1509 Wyckoff Road, Block 915, Lot 15, RR
zone
RELIEF
REQUESTED: Bulk Variance
Attorney Hirsch
reviewed the file and stated the Board had jurisdiction to proceed.
Sworn by
Reporter Arnone: Jane
Alweel
John
Mulrenan
Entered into
evidence:
A-1 Original survey with raised seal
Ms. Alweel said
she purchased her home in 1993. She
said in 1997 she had a daughter and in 2000 she had a son. She said they have outgrown their home. She said they like the area and want to stay
there. She would like to expand the
home.
Attorney Hirsch
said the property is 1.16 acres and two is required. Lot width is 126.7’ where 300’ is required; lot frontage is
126.7’ where 165’ is required. The side
yard setbacks proposed are 24’ where 30’ is required. The required rear yard setback is 25’ and no rear yard setback
exists. The property abuts open
space.
Ms. Alweel said
she would like to take the existing garage and convert it into living
space. They are proposing to relocate
the front door. It will open into a
foyer. She said the added living
October 16, 2002 Page
2
space would be a
playroom. She said they are proposing
to put a two car garage on the front left side of their home. She explained they have no attic or basement
for storage. She said they are
proposing storage space above the garage.
Attorney Hirsch
asked what was next to where the proposed garage would be. Ms. Alweel said it is a piece of property
owned by the township. She said it is
Green Acres.
Ms. Alweel
explained the ravine next to her property goes down about 20’ from the
road. She said it starts at the end of
her property.
Mrs. Morrissey
asked if the side deck will remain. Ms.
Alweel said that will remain. She said
she would like the deck to go right up to the addition.
Mrs. Morrissey
asked if the slope would be a problem.
Ms. Alweel said the slope starts where the deck is. It is not a problem.
Mrs. Morrissey
asked about the shed that is located over the property line. She asked why it is so far back. Ms. Alweel said that has been there for 20 years. She said it was there when she purchased the
property.
Mr. Cinelli
asked where the storage area will be in the garage. Ms. Alweel said it will be on top.
Mr. Cinelli
asked if the addition will be 30’ X 24’.
Mr. Mulrenan said that is correct.
Mr. Gray asked
if the driveway was going to change.
Ms. Alweel said they are going to widen it.
Mrs. Morrissey
asked if some of the neighbors have done the same thing. Ms. Alweel said yes, some have added on a
third garage.
Chairman Clayton
asked about the height. Ms. Alweel said
it might be a little more than 18’.
Chairman Clayton
asked if it would only be used for storage and not living space. Ms. Alweel said just storage.
Mr. Gerken said
all his issues have been covered. He
said the addition will be 1˝ story.
The application
was open and closed to the public.
Ms. Alweel said
she has a nice piece of property. She
said her backyard is her sanctuary.
Mr. Cinelli
moved to approve the application. Mrs.
Morrissey seconded the motion, which was unanimously approved by a roll call
vote. (Mr. Cinelli, Mrs. Morrissey,
Messrs. Gray, Rembiszewski, Mrs. DeSarno and Mr. Clayton voted yes.)
CASE #BA28-2002:
Date application
complete: July 29, 2002
October 16, 2002 Page
3
APPLICANT: CHRISTOPHER SPAGNOLI
PROPERTY: 1740 “K” Street, Block 25, Lot 76, R 7.5
zone
RELIEF
REQUESTED: Bulk variance
Attorney Hirsch
reviewed the file and stated that the Board had jurisdiction to proceed.
Sworn by
Reporter Arnone: Christopher
Spagnoli
Entered into
evidence:
A-1 Copy of tax plan of property on “K” Street
Mr. Spagnoli
explained the lot is 50’ X 150’. He
said it conforms to lot area but is deficient in lot frontage. He said there was a zoning change in that
area. He said 65’ is required and 50’
is proposed.
Attorney Hirsch
asked Mr. Spagnoli to explain what was adjacent to the site. Mr. Spagnoli testified that to the right of
his property is a Cape Cod style home.
He said the previous owner of that house also owned his property. That owner had subdivided the lot and sold
him the property. Mr. Spagnoli
explained to the left is the parking lot for a deli. He said there is about 75’ of asphalt which is attached to the
deli lot.
Attorney Hirsch
asked what was on lot 74. Mr. Spagnoli said
that is part of the deli.
Attorney Hirsch
asked about the fence on the property.
Mr. Spagnoli said the chain link fence separating the lots belongs to
the deli.
Entered into
evidence:
A-2 Rendering of proposed house
Mrs. Morrissey
asked how far the property line from the detached garage is. Mr. Spagnoli said about 14’ – 15’.
Mrs. Morrissey
asked if the big tree in the front will remain. Mr. Spagnoli said that will have to be removed.
Mrs. Morrissey
asked if the proposed house will affect the natural lighting of the house next
door. Mr. Spagnoli said his house will
not block the frontage of that house.
Mr. Cinelli
asked if there is a basement proposed.
Mr. Spagnoli said depending on approval he will have the ground tested
and then decide.
Chairman Clayton
asked if Mr. Spagnoli was going to live there.
Mr. Spagnoli said his house is for sale. It depends on if it is sold.
October 16, 2002 Page
4
Chairman Clayton
asked about the size of the lots in the neighborhood. Mr. Spagnoli said the majority are 50’ X 150’. He said there is one or two that are on
double lots.
Attorney Hirsch
asked if they had the same setbacks.
Mr. Spagnoli said visually they look like the same.
Attorney Hirsch
asked for the size of the house. Mr. Spagnoli
said approximately 2,000 s.f. That does
not include the garage. He said he
thinks the exact size is 1,950 s.f.
Attorney Hirsch
asked if there were other homes in the neighborhood that were the same
height. Mr. Spagnoli said yes. He said there are two going up now on “M”
Street. They are still under
construction. He said homes built 4 – 5
years ago are very similar.
Mrs. Morrissey
said the deli side is very well buffered.
She asked what kind of landscaping he planned. Mr. Spagnoli said it would be an open front yard. He said there will be shrubs and bushes
against the house.
The application
was open to the public.
Darren Meyler,
1738 “K” Street, said he lives next door.
He said is concern is about drainage.
Mr. Gerken said township ordinance requires a drainage plan be submitted
along with the application for building permits. He said it is then reviewed by the township engineer and the
applicant is instructed to correct any problems.
The application
was closed to the public.
Mrs. DeSarno
asked if this property was recently subdivided. Mr. Spagnoli said he believes it was done years ago.
Mr. Cinelli
moved to approve the application subject to plot plan being provided to show
drainage, elevations and impact on adjacent property. The house must also have approximately 2,000 s.f. living space,
similar to the house in the application.
Mr. Rembiszewski seconded the motion which was unanimously approved by a
roll call vote. (Messrs. Cinelli,
Rembiszewski, Grey, Mesdames Morrissey, DeSarno and Mr. Clayton voted yes.)
CARRIED APPLIATIONS
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, June 19, 2002 and August 7, 2002
APPLICANT: TOWER LODGE
PROPERTY: 1506
Gully Road, Block 239, Lot 8, R-390 zone
RELIEF
REQUESTED: Site Plan. Use Variance
October 16, 2002
Page
5
Entered into evidence:
A-26 Amended Plan – Finale Site Plan – Nine
sheets
Thomas
Primavera, Esq. appeared for the applicant.
Attorney
Primavera stated at the last meeting the Board asked for the plans to be
revised. Mr. Avakian has revised the
plan. He will point out some of the
revisions.
Mr. Avakian was
previously sworn.
Mr. Avakian
stated he has made some revisions. Mr.
Avakian explained that the original plans called for the addition to the
building to be 50’ from the property line.
He said the ordinance was changed to a 75’ buffer requirement. He said he changed the plan
accordingly. He said they have added
more parking spaces. There are now 74
spaces. He said one of the main changes
was the fact that they had proposed an above ground detention basin. It would run along the easterly property
line. He said after hearing public
comment they moved the system underground.
He said this would reduce the flow of runoff by 35%. He said the 75’ buffer would remain on the
easterly side. He said the buffer along
the wooded area will also remain.
Attorney Hirsch
asked if there was an area that did not meet the 75’ buffer. Mr. Avakian said they fully comply on the
south and east side. He said the buffer
on the north property line will be 50’ because of 16 parking stalls. He said a berm and four landscape islands
will be provided. He said the grades of
the berm will conform to the ordinance.
Attorney
Primavera said if, during construction, additional landscaping is requested by
the engineer it will be provided.
Attorney
Primavera asked Mr. Avakian to go over Mr. Gerken’s letter of October 9, 2002.
Mr. Avakian said
the first page of the report gives a general summary of the application. He said they exceed bulk variances with
building coverage, impervious coverage, encroachment within a residential
buffer and loading zone depth. Attorney
Primavera stated they have addressed all the engineer’s concerns.
Mr. Gerken
stated in his letter the correct square footage of the building must be
clarified and the plans revised. Mr.
Avakian said the square footage proposed is 26,168 s.f. He said that is the correct number.
Mr. Avakian
stated they have revised the plans to provide the required 75’ buffer. He said they will clarify and comply with
Mr. Gerken’s letter regarding Site Plan, Utilities and Parking and Traffic
Circulation. Mr. Avakian said he will
clarify that there will be no tractor trailer deliveries allowed.
Mr. Avakian went
over the drainage system. He said the
underground drainage system will reduce the runoff by 35%. He said they will comply with one (1) foot
of cover above the pipe to
October 16, 2002 Page
6
the bottom of
the flexible pavement system. He said revised
Storm water Management Calculation will be provided to Mr. Gerken. Mr. Avakian said the proposed outlet control
structure was moved more than 5’ away.
Mr. Avakian said
they will obtain all necessary permits and submit all performance guarantees.
Mr. Avakian went
over Mr. Maczuga’s letter of October 9, 2002.
Mr. Avakian said a zoning map will be provided on the cover sheet of the
plan set. He said the proposed southern
emergency access drive will be shown on all sheets of the plan set. Required grading will also be shown. Mr. Avakian said additional plantings will
be added if required. We will also
verify the grading. Mr. Avakian said his office prepared the landscaping
plan. It was prepared by a licensed
landscape architect.
Mr. Maczuga’s
letter stated the number of physicians, employees and patients should be
stipulated in the Resolution. Attorney
Primavera said there will be 120 patients and 41 employees at the maximum
shift. He said they have adequate
parking spaces.
Attorney Hirsch
said the number of doctors is based on the need of the patients. Attorney Primavera said if a private doctor
is needed he may also be on premise.
Attorney Hirsch said normally you would have just one. Attorney Primavera said it could be as many
as four. Attorney Hirsch asked if they
can control the number of doctors. Attorney Primavera said normally there would be no more than two
on premises. He said they are not there
on a daily basis.
Mr. Avakian said
the driveway will remain a one-way. He
said they can comply with the rest of Mr. Maczuga’s letter.
Mr. Maczuga
stated the landscaped area that is to remain undisturbed should be marked and
approved by the engineer. Mr. Avakian
said they agree. He said they would
place that on the site plan.
Mr. Maczuga
asked if they are going to keep elevation color natural. Mr. Avakian said yes.
Mr. Gray asked
if the parking for special events that was discussed ever resolved. Attorney Primavera said Ms. Bieber testified
that the patients do not get a lot of visitors. She said the parking lot has never been full. He said they have provided more than the
required parking spaces.
Chairman Clayton
asked how many more parking spaces are being provided over the required
amount. Attorney Primavera said just
two. Mr. Avakian said 72 spaces are
required and we are proposing 74.
Chairman Clayton
asked if the emergency access lane could be wider than 18’. Mr. Avakian said he did not see anything
that would prohibit that.
The application
was open to the public.
October 16, 2002 Page
7
Richard Edward,
Sharpe Road, asked about the drainage structure. Mr. Avakian said it is a concrete structure underground detention
system.
Mr. Edwards
asked for the size of the structure. Mr.
Avakian said it is a manhole structure.
It is entirely underground.
Mr. Edwards
asked Mr. Avakian to describe the flow.
Mr. Avakian said the water will flow over the parking lot to the
underground detention system.
Mr. Edwards
asked if it was mechanical. Mr. Avakian
said it is.
Gardner Burkhardt,
3215 Brighton Avenue, asked for the correct building coverage. Mr. Avakian said they did not revise the
square footage area of the building. He
said it has not changed. Mr. Avakian
said the building coverage is 20.8% and the impervious coverage is 42.0%.
Chairman Clayton
asked what the life span of the underground storage system is and does it need
to be cleaned out. Mr. Avakian said
there will be a maintenance program.
The system will need to be cleaned periodically. They should be conducted on an annual
basis. Mr. Avakian said the pipes for
the drainage system are constructed of polymer. He said they have a longer life span than terra cotta. He said the system should last for more than
50 years. He said failure of the system
would more than likely be contributed to maintenance problems rather than
material.
Joe Lesniewski,
2307 Ruta Boulevard, asked what happens when the underground system becomes
full. Mr. Avakian said based on a 100
year storm the system will not fill.
Mr. Lesniewski
asked if that has been revised since the last meeting. Mr. Avakian said yes.
Mr. Lesniewski
asked what if it does fill to capacity, what happens next. Mr. Avakian said it will flow to the
existing grade. It will make its way to
the drainage easement. It will flow
over the bank.
Jim Stigliano,
Sharpe Road, said Mr. Avakian mentioned a drainage easement. He asked if it was a drainage easement or a
sewer easement. Mr. Avakian said it is
a storm drainage easement. He said they
are different.
Robert Seelandt,
1502 Gully Road, asked how long is the life span, before it has to be
replaced. Mr. Avakian said they use ADS
pipe. He said 50+ years. He said it would far exceed the 50+
years.
Mr. Seelandt
asked what the chance of failure is.
Mr. Avakian said failure is relative to maintenance.
Attorney
Primavera said during meeting six or seven Mr. Brosnan had some questions for
Mr. Gagliano, real estate expert.
Mr. Gagliano, still
under oath, will answer questions from the public.
October 16, 2002 Page
8
Joe Lesniewski,
2307 Ruta Boulevard, asked Mr. Gagliano to review his report. Mr. Gagliano said he went all over Monmouth
County looking for similar nursing homes.
He looked for 100+ beds in a residential zone. He said he found three properties that sort of fit the same
situation. He said he looked at the
residential value trend. He said the
properties grew at a similar level. He
said he feels there is really no negative effect.
Mr. Lesniewski
asked Mr. Gagliano to interpret the graphs in his report. Mr. Gagliano went over the graphs.
Attorney Hirsch
asked, based on Mr. Gagliano’s report, if the values of those homes go up at a
similar rate as those within the same neighborhood as a nursing home. Mr. Gagliano said the graph shows that the
rate of increase for the homes in the neighborhood of a nursing home is comparable
as those that are in a residential neighborhood.
Mrs. Morrissey
asked what was the number of beds in those facilities you compared to Tower
Lodge. Mr. Gagliano said 123, 205 and
115 beds.
Mr. Stigliano
asked if Mr. Gagliano had a real estate and appraiser license. Mr. Gagliano said yes.
Entered into
evidence:
A-27 Tower Lodge Neighborhood Sale Analysis
Mr. Gagliano
explained the analysis. He said in both
cases the properties nearer to Tower Lodge sold for more. After adjusting everything the values are
similar.
Mr. Cinelli
asked when was this report done. Mr.
Gagliano said June or July.
Mr. Cinelli
asked if the prospective buyers knew about the addition to Tower Lodge. Mr. Gagliano said the sales pre-dated the
Tower Lodge application.
Mr. Stigliano
asked when these properties were sold.
Mr. Gagliano said in 1999.
Mr. Edwards
asked when were the homes near the nursing homes built. Mr. Gagliano said the date of construction
of the homes was not an issue.
Mr. Seelandt
asked if nursing homes were a residential use.
Mr. Gagliano said they are primarily residential in nature. Mr. Seelandt said he does not have his food
delivered by truck or his garbage picked up by a garbage truck.
Mr. Gray asked
if there was anywhere in Mr. Gagliano’s report that will show the value of the
homes after this expansion. What is
going to happen to the values after 120 beds?
Mr. Gagliano said he does not believe they will be affected by the
expansion of Tower Lodge.
Attorney
Primavera said Mr. Hengchua, project engineer, is here to testify that the HVAC
will comply with the noise ordinance.
October 16, 2002 Page
9
The Board
recessed at 10:15 P.M.
The meeting
resumed at 10:30 P.M.
Attorney Primavera
said one of the neighbors spoke to the project architect and the applicant
agreed to place shields on the existing lights.
Mr. Hengchua was
previously sworn.
Attorney
Primavera stated the generator equipment will be placed in the basement of the
building. Mr. Hengchua was asked to
check the noise levels.
Mr. Hengchua
said the generator was relocated to the basement. He said the manufacturer has recommended a system designed for
hospitals. He said the noise at the
property line will be a non-issue. Mr.
Hengchua said the generator will be tested during the day.
Mr. Burkhardt
asked if the system was gas turbine.
Mr. Hengchua said it is an internal combustible engine.
Mr. Gray asked
if the garbage pick-up issue has been remedied. Attorney Primavera said Marpal is the contractor. He said Marpal has been contacted. He said they pick up later in the day for
only a few weeks and then they go back to early morning pick-up. Attorney Primavera said if the application
is approved fewer pick ups will be necessary.
He said they will use a trash compactor. He said trash pick-up will be reduced from three times a week to
three times a month. He said the
contractor will be called to pick up rather than follow a regular
schedule. He said the compactor will
also have a deodorizing system.
The application
was open to the public.
Ed Leonard, 504
Church Road, Point Pleasant, was sworn.
Mr. Leonard said his mother is a resident of Tower Lodge. This is about the level of care the
residents receive. He said it is good
now. He said the quality of care would
increase if this application is granted.
Jim Stigliano,
Sharpe Road, was sworn. Mr. Stigliano
said there are some negatives here that far exceed what should be going on in
the neighborhood. He said Tower Lodge
has served its residents well for nearly 40 years. He said Tower Lodge was never meant to be a mega center it was
built to be a small facility. He said
there are nursing homes that have gone out of business in town. He said the CON should not be considered in
the Board’s decision. Mr. Stigliano was
also concerned about what could happen to Tower Lodge if this application is
granted and the owner decides to sell.
The new owner could come before the Board with additional requests.
Richard Edwards,
3214 Sharpe Road, was sworn. Mr.
Edwards said he is a retired carpenter.
He gave his credentials. He said
he believes if this application is approved it will affect his quality of
life. He said it will also lower his property
value.
Gardner Burkhardt,
3215 Brighton Avenue, was sworn. Mr.
Burkhardt said he would like to speak against this application. He said there are 35 nursing homes in
Monmouth County. He
October 16, 2002 Page
10
said Wall
Township has three. He said Wall Township
Planning Board approved the construction of a nursing home on Route 35/New
Bedford Road. Mr. Burkhardt is
concerned about the noise.
Joe Lesniewski,
2307 Ruta Court, was sworn. Mr.
Lesniewski said he is going to agree with all the opposing statements. He said he opposes the application. He said he has some photos regarding
drainage.
Entered into
evidence:
OL-1 Photo of retaining wall – Southeast ROW
OL-2 Photo of reverse angle standing on retaining
wall
OL-3 Photo is the same as OL-2 only after three
hours of a moderate rain storm – June 2001
Mr. Lesniewski
said he feels this system is running at capacity. He said the pipes carry water from homes located to the east down
to Shark River.
Mr. Cinelli
asked when OL-2 was taken. Mr. Lesniewski
said they were all taken the same day, June 2001.
Chris Leal, 2305
Ruta Court, was sworn. Mr. Leal said he
purchased his home in June 2002. He
said if he knew all this was going to happen he would not have purchased it. He said he lived in the Bronx and
Yonkers. He is a fireman. He said he works for his money. He said he moved to Wall for a better
quality of life for himself and his family.
He said when he gets home after a 24 hour shift he doesn’t want to see
flood lights and hear all the noise.
Joe Roma, Ruta
Court, was sworn. Mr. Roma read a
statement. He said the applicant has
not shown a need for the expansion. He
said the benefits to the neighbors and Wall Township is non-existent. Mr. Roma said this application is just to
increase profit and revenue.
Judy Burkhardt,
3215 Brighton Avenue, was sworn. Mrs.
Burkhardt said she believes Tower Lodge is well run. He said they are a good neighbor. She said she does not want to see the nursing home double in
size.
Attorney Hirsch
asked Attorney Primavera if he had any rebuttal testimony to present. Attorney Primavera said, maybe, on the
drainage.
Attorney Hirsch
said this will be carried to November 13, 2002. He said public comment is going to be concluded tonight unless
there is rebuttal testimony. He said
public comment will be limited just to the rebuttal testimony.
Attorney Hirsch
said at the November 13th meeting Attorney Primavera will have a summation
and then the Board will vote.
Chairman Clayton
said no further notice is required.
Attorney
Primavera waived the time limits.
October 16, 2002 Page
11
RESOLUTIONS
TO BE MEMORIALIZED:
JAMES RADAMAKER –
BA#24-2002
Block 324, Lot 1 Morrissey/Rembiszewski
VICTOR &
URSULA AYERS – BA#23-2002
Block 850, Lot 1 Morrissey/Gray
MINUTES TO BE ADOPTED: Mr. Gray moved to approve the minutes of the study session
and regular minutes of October 2, 2002.
Mr. Rembiszewski 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 11:25 P.M.
Respectfully
submitted,
Betty
Schinestuhl
Recording
Secretary