ZONING BOARD OF ADJUSTMENT
MINUTES OF THE REGULAR MEETING
NOVEMBER 5, 2003
The Regular
Meeting of the Wall Township Board of Adjustment was called to order by Chairman
Clayton at 7:50 P.M. Members present
were Chairman Clayton, Vice Chairperson Mary DeSarno, James Gray, Anthony
Rembiszewski, first alternate Bob Kerr, second alternate Wayne Palmer, Attorney
Hirsch, Planning Coordinator Roberta Lang, Recording Secretary Betty
Schinestuhl, Engineer Gerken 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
said the Board has three applications for tonight.
CASE #BA33-2003
Date application
complete: September 15, 2003
APPLICANT: CHARLES & MARIANNA CLOWES
PROPERTY: 1610 Grace Street, Block 939, Lot 6,
R-15 zone
RELIEF
REQUESTED: Bulk
Attorney Hirsch reviewed the file and stated the Board had jurisdiction
to proceed.
Sworn by Reporter Arnone: Raymond
White
Marianna
Clowes
Mr. White said he had some sketches for the Board to see.
Entered into evidence:
A-1 Sketch of proposed porch
Mr. White explained there is an 8 porch existing. It is made of concrete. The roof will come off. We will use the same roof line. There is a 5 X 8 existing porch that will
come off. The new porch will extend out
3 further. The existing porch is in
disrepair and is not structurally sound.
It needs to come down.
Attorney Hirsch asked what is on either side of the property. Is this a corner lot? What is on lot 7? Mr. White said it is a corner lot. Mr. Gerken said lot 7 will not even see the addition. Mr. White said lot 7 faces Spring
Street.
November 5, 2003 Page
2
Attorney Hirsch asked if the house on lot 13 is closer to the
street. Mr. White said the front is
back about 20. Attorney Hirsch asked
what is on the front yard. Mr. White
said a lot of trees and a driveway.
Attorney Hirsch asked what is between the houses. Mr. White said about 20 of shrubs and
trees. They are high trees. Chairman Clayton asked if the other houses
are just as close to the street. Mr.
White said yes.
Attorney Hirsch said the porch will be 8 out from the house. How wide will it be? Mr. White said 50, the length of the
house.
Attorney Hirsch asked Mr. White if they had any intention of closing in the
porch. Mr. White said no, not at all.
The application was open and closed to the public.
Mrs. DeSarno moved
to approve the application as applied for.
Mr. Rembiszewski seconded the motion which was unanimously approved by a
roll call vote. (Mrs. DeSarno, Messrs.
Rembiszewski, Kerr, Palmer, Gray and Clayton voted yes.)
Case #28-2003 Date application complete: July 8,
2003
APPLICANT: ACCURATE BUILDERS
PROPERTY: 3408 Allaire Road, Block 820, Lot 2,
R-60 zone
RELIEF REQUESTED: Bulk
Attorney Hirsch
reviewed the file and stated the Board had jurisdiction to proceed.
Martin A.
McGann, Esq. appeared for the applicant.
Entered into
evidence:
A-1 Site plan prepared by 3D Engineering last
revised September 5, 2003
A-2 Architectural drawings prepared by Thomas
Peterson
A-3 Copy
of certified letter to JCP&L dated July 17, 2003 requesting to purchase
their property
A-4 JCP&L
response dated July 24, 2003 stating the letter was given to the Engineering
Department. The applicant has not heard
anything since
A-5 Letter to Richard & Christine Gunther
dated July 17, 2003
A-6 Aerial photo dated October 27, 2003
Attorney McGann
said this is an undersized lot. Attorney
McGann said the applicant did not receive a reply from the Gunther but they are
in the audience. There was an amended
application.
Sworn by
Reporter Arnone: Steven
Owens, Planner
November 5, 2003 Page
3
Mr. Owens gave
his credentials which were accepted by the Board.
Mr. Owens
explained the aerial view. He stated it
shows the property. The property fronts
on Allaire Road. The Garden State
Parkway is to the west and Allenwood Road is to the east. The property is in the R-60 zone. Of the 31 lots in the area 28 of them are
deficient for the R-60 zone. The lots
vary in size. They range from 34,000
35,000 s.f. per lot. A number of the
lots are deficient in front yard setback and lot depth.
Mr. Owens said
there is a variance needed for lot depth.
It is existing. There is also a
variance needed for lot size.
Attorney McGann described
the lot on the west side going from the Garden State Parkway east on Allaire
Road describe the lots. Mr. Owens said
the JCP&L lot is deficient. That
lot is a little bit larger but it is still deficient in lot depth.
Attorney McGann
asked Mr. Owens if he could make this lot comply. Mr. Owens said the applicant can purchase portions of lots 20
& 21 but that would make them more deficient. There is an existing sanitary sewer easement on the site.
Mr. Owens said
out of the 28 lots in the zone 14 of them are deficient for front setback. Attorney McGann said 50 front setback is
required and 43 is proposed. Mr. Owens
said that is correct.
Attorney McGann
asked if there were any environmental constraints. Mr. Owens said yes. On the north portion of the property there
are several slopes.
Mr. Owens said
the variances could be granted without any detriment to the Land Use, zoning
ordinances, etc. Mr. Owens said most of
the lots in the area have the same problems.
It is a permitted use.
Attorney McGann
said the applicant tried to purchase additional property and tried to sell this
site but could not. Mr. Owens said that
is true.
Mr. Owens said
this project will contribute to the well being of the neighborhood.
Attorney McGann
asked about building coverage. Mr.
Owens said it is not out of character.
Attorney McGann
asked about impervious coverage. Mr.
Owens said it complies.
Attorney Hirsch
asked if the house is going to be a two-story.
Mr. Owens said yes.
Attorney Hirsch
asked if the homes on either side of this property have similar setbacks. Mr. Owens said yes.
Entered into
evidence:
A-7 Photo of JCP&L substation
November 5, 2003 Page
4
Attorney Hirsch
asked what is on lot 3. Mr. Owens said
a home that fronts on Allaire Road.
Mr. Gray asked
about building coverage. Mr. Owens said
10%. Mr. Gray asked about impervious
coverage. Mr. Owens said 20%.
Mr. Gray,
referring to the floor plan, asked what is going on on the right side and left
side of the house. Mr. Owens said on
the left side there will be a garage on the right side will be living
quarters.
Mr. Kerr said to
the rear of the property there is a large slop is the building going to be
impacted by that slope. Attorney McGann
said no. He said he reviewed Mr.
Gerkens letter of October 27 and spoke to his engineer. They can comply with Mr. Gerkens concerns
regarding the grading issues.
Mr. Gray asked
about the pitch of the driveway.
Attorney McGann said that can be reduced according to what Mr. Gerken
recommends.
Attorney Hirsch
asked who the current owner is.
Attorney McGann said George & Anita Woolley.
Attorney Hirsch
asked how was this lot created. Mr.
Owens said this was zoned R-60 since the late 1970s.
Attorney Hirsch
asked if this lot was ever contiguous to the adjoining properties. Mr. Owens said he does not know for
sure. Attorney Hirsch said if this is
approved it will be a condition of approval that you provide something from the
title company just showing that this lot existed, when it was created and where
it came from. Attorney McGann said he
has that information in his office.
Chairman Clayton
asked how far from the street is the house on lot 21. Attorney McGann said it is pretty far. Approximately 100 away.
Chairman Clayton
asked how far the structure on lot 3 was off the property line. Mr. Owens said approximately 36.
Mr. Gerken said
he suggests a revised grading plan.
Chairman Clayton asked about a retaining wall. Attorney McGann said they can get the grading to conform.
The application
was open and closed to the public.
Mr. Rembiszewski
moved to approve the application subject to the grading plan being approved by
the Board Engineer and a title search being submitted. Mr. Palmer seconded the motion, which was
unanimously approved by a roll call vote.
(Messrs. Rembiszewski, Palmer, Kerr, Mrs. DeSarno and Mr. Clayton voted
yes. Mr. Gray voted no.) The application was approved.
CASE #BA32-2003 Date application complete: September 15,
2003
November 5, 2003 Page
5
APPLICANT: JOHN VISCEGLIA
PROPERTY: 1706 Wall Church Road, Block 270, Lot 77,
R-60 zone
RELIEF REQUESTED: Bulk variance
Attorney Hirsch
reviewed the file and stated the Board had jurisdiction to proceed.
Timothy B.
Middleton, Esq. appeared for the applicant.
Attorney
Middleton stated this property is located off Wall Church Road. There is a home on the property. It was recently damaged. The lot is very unusual. It is a flag lot. There is a road leading onto the property. It is 25 in width. The property is surrounded by water. Alberts Pond surrounds three-quarters of the
property. To the east there is a house
that is under development. That house
is about 200 from this property line.
The applicant is requesting permission to build another house. The applicant does not want to locate the
house in the exact location the existing house is. Variances are needed. The
stem of the flag lot is 25 wide and there is a 10 dirt road leading onto the
property. Mr. Gerken, in his review
letter, said he prefers the road to be 18.
The applicant agrees with that except for a small portion because of
wetlands. The driveway is required to
be 5 from the property line. We will
comply with the ordinance. One of the
other variances needed is because of the location of the home. Because it is a flag lot the ordinance
requires that all setbacks be doubled. 100
setback is required and we are proposing 55.54. If the house is built closer to the pond the applicant would have
to take down many pine trees.
Entered into
evidence:
A-1 Photo of the home
A-2 Photo of the home
A-3 Photo of dirt road going onto the property
A-4 1997 aerial photo of property
A-5 Colored plot plan prepared by Flannery,
Webb and Hansen
A-6 Front elevation of proposed home
A-7 First floor floor plan
A-8 Elevation of garage
A-9 Second floor floor plan
A-10 Rear elevation facing pond
A-11 1979 approval of construction of existing
home from Board of Adjustment
Charles Boyles,
Engineer and Planner was sworn.
Mr. Boyles said
he is familiar with the plan. Using A-1
said at the central portion of the property is the existing home. The existing lot is surrounded on two sides
by the pond. Wetlands are to the north
and south toward Wall Church Road. The
existing home is very much isolated.
The Preakness development is
next to this property. They are
currently under construction.
Mr. Boyles,
using A-5, showed the 25 staff that is at the south portion of the
property. The lot goes 450 before it
gets wider.
November 5, 2003 Page
6
Attorney Hirsch
asked if the owner of the adjoining property had any objections. Attorney Middleton said none.
Attorney Hirsch
asked if anyone in the public had a problem.
There was no one.
Mr. Boyles said
there is an existing 10 wide gravel driveway.
The driveway is closer to the wetlands and we are proposing to bring it away
from those wetlands. We will widen the
driveway to 18 to conform to the ordinance with the exception of about 100 on
the west side of the stem portion. After
that portion it will widen back up.
Attorney Hirsch
asked how much of the driveway will not conform. Mr. Boyles said about 60 70.
Attorney Hirsch asked what will be the width of that area. Mr. Boyles said 15.
Mr. Boyles,
using A-3, showed the actual driveway.
The proposed driveway will have a turn-a-round. That is being provided for easy ingress and
egress. This will allow emergency
vehicle access. The main house will
face the lake. The existing structure
is 50 from the property line to the east.
There is an existing structure 29 from that line. There is a detached garage. Those structures will come down. We will maintain as many of the existing
trees as possible. There are several
trees located to the northwest portion of the existing structure and we want to
try and save them. There is a variance
needed for setback from the property line for the driveway. There will be a 15 buffer there.
Attorney
Middleton asked about building and lot coverage. Mr. Boyles said 10% building coverage is allowed and we are
proposing 2.3%. 20% lot coverage is
allowed and we are proposing 10.9%. We
are below.
Mr. Boyles said
it would be positive to allow this property to be developed. It will have no negative impact on the
surrounding neighbors. The neighbors
are quite far away. The closest home is
200 from the property line to the rear portion of this dwelling.
Entered into
evidence:
A-12 Photo of adjoining homes subdivision
A-13 Homes on lot 83.06
Mr. Boyles said
these photos show the homes that are being built. They are about 200 from the property line.
Attorney Hirsch
asked about the homes on the adjoining property. Attorney Middleton said there is an existing home on the
adjoining property. There are ten homes
on the cul de sac. Mr. Gerken said lot
83.06 is the last lot in the cul de sac.
The next lot is 83.05.
Mr. Boyles said
to comply this home would have to be moved 45 toward the pond. That would be a negative impact. The structure would be right on top of the
pond. It would not be in keeping with
the other properties. The other homes
are not that close to the pond. If we
slid the house over we would have to take down those trees. This would have the least amount of
impact.
November 5, 2003 Page
7
Attorney Hirsch
said if you move it 45 to meet the setback how far would it be from the
pond. Mr. Boyles aid about 15 from the
pond. This lot is very secluded. This will not have any impact on the
neighbors. It will have no affect on
the zone plan or Master Plan. The
existing house is in a state of disrepair.
The house has also been a source of problems for the Police
Department. This would have a positive
affect on those issues.
Attorney
Middleton said he would like to address the review letters from Mr.
Gerken. The applicant can comply with
those review letters.
Mr. Boyles said
there is gas, JCP&L, and cable. We
will connect to the sanitary sewer.
Attorney Middleton said we will tie into water and sewer. Mr. Gerken said connection will be made
through the driveway and will not be a problem.
Mr. Gray asked
if there were plans for additional structures to be placed on the
property. Mr. Boyles said just a
detached garage. It is on the plan.
Attorney Hirsch
said there will be an attached and detached garage. Mr. Boyles said yes.
Chairman Clayton
asked if the applicant will have to apply to DEP. Mr. Boyles said an LOI is pending.
Chairman Clayton
asked if the tree limbs can be trimmed for emergency vehicles. Attorney Middleton said that is no problem.
Mr. Gray said
because of a change in zone there are not many variances required. Attorney Middleton said that is correct.
Mr. Gerken said
they must submit a grading plan and the necessary street opening plans prior to
construction.
The application
was open to the public.
Mike Webster,
lot 83.05. Mr. Webster said his house
is under construction. The turn a round
area described, how many trees will be coming down? Mr. Boyles said he does not know. Attorney Middleton said the applicant will limit the trees that
will be removed. Mr. Boyles said we are
trying to save all the trees. We will
not take any down except where the house is going.
Entered into
evidence:
A-14 Photos showing the easterly property line
Mr. Boyles said
A-14 was taken standing in the driveway looking from north to south. 50 from where the loop is. There are not many large mature trees on the
property line.
Mr. Gray said
looking at the map you are proposing additional plantings. Mr. Boyles said yes. The ordinance requires 15 buffer in that
area. Plantings will be provided.
November 5, 2003 Page
8
Mr. Gerken said
move the driveway so there are no variances for going into the buffer. Attorney Middleton agreed.
Mr. Webster said
he is talking about the trees to the left.
The house is going behind them.
Chairman Clayton asked will the trees to the left of the tree line
remain. Mr. Boyles said they will
remain. We can redesign the loop so it
goes around the trees. Mr. Gerken said
make the loop 15 off the property line.
Attorney Middleton said we will try to save as many trees in the looped
area as possible. The newly planted
trees will be 6 8. They will go from
the end of the property line 250.
Chairman Clayton asked if the applicant would be willing to go another
100. Mr. Gerken said he cant go that
far he could only go about 60 70.
9:35 P.M. the
Board recessed.
9:45 P.M. the
meeting resumed.
Attorney
Middleton said we are going to move the buffer from 260 to 320. 40 from the rear property line and go about
320. Trees will be 5 apart. Mr. Gerken said to stagger the trees. If you plant them 5 apart they will be on
top of each other. Attorney Middleton
agreed. Attorney Hirsch said the
applicant must submit the grading plan to Mr. Gerken for approval.
Mr. Webster asked
if it was possible to have that area bermed.
Attorney Middleton said he did not think so. Mr. Gerken said I dont suggest that at all. If there was a berm it would block the
water.
John Amelchenko,
Architect, gave his credentials which were accepted by the Board.
Mr. Amelchenko
said he prepared the elevations. He did
a feasibility study, saving the house vs. razing it. We did site inspections and visual inspections. The decision was made to raze the existing
house and develop plans for a new residence.
The existing house is a two story flat roof. It is 4500 s.f. It has
both an attached and detached garage.
The proposed home will be a two-story dwelling with a four car attached
garage and a two car detached garage.
The applicant wants to save as many trees as possible. He will just remove the scrub trees. The home will be 6500 s.f. It is linear. We are moving the current setbacks away from the property
line. The attached portion of the
garage is about 55 from the property line.
It will be a European style home.
The house will be L-shaped. The
rear of the house will have lots of glass.
It will have open terraces.
There will be open decking on the second floor. There will be a two car garage accessory
structure. It is in keeping with the
design of the house.
Mr. Amelchenko
went over the floor plan. The front
entrance faces the side lot line. There
will be a large grand room, master bedroom, kitchen and dining room on the
first floor. It is a large upscale
home. There is no basement. The second floor has three bedrooms and a
bonus room. There will be a total of
four bedrooms in the house. There will
be a balcony at the rear of the house.
Mr. Gray asked
what the detached garage is for. Mr.
Amelchenko said for additional cars.
Mr. Amelchenko
said the house will be stone, stucco and have a wood roof.
November 5, 2003 Page
9
Chairman Clayton
asked if there were any living quarters above the detached garage. Mr. Amelchenko said there are no stairs for
that. It is strictly storage.
Attorney Hirsch
asked for the height of the detached garage.
Mr. Amelchenko said less than 16.
The pitches on the building are deep.
Chairman Clayton
asked about exterior lighting. Mr.
Amelchenko said there are no exterior lights.
There will be lights at the doorways, etc.
Mr. Gray asked
what the square footage of the existing house is. Mr. Amelchenko said 4500 s.f.
The application
was open to the public.
Charles Sakin,
1812 Rue de la Port, was sworn. Mr.
Sakin said he lives across the lake. He
said he has lived in the area for 10 years.
The proposed razing of the building and putting up a beautiful home is a
wonderful addition. He said his one
concern was the trees. He said he gives
his support.
The application
was closed to the public.
Attorney
Middleton said the exiting home is in a state of disrepair. This application will vastly improve the
neighborhood and the property. The lot
is unusual in shape. It has a pond and
wetlands. The driveway is being paved
and the applicant is eliminating a safety hazard. This is a good application.
Mr. Rembiszewski
moved to approve the application with the listed conditions. Mr. Kerr seconded the motion which was
unanimously approved by a roll call vote.
(Messrs. Rembiszewski, Kerr, Palmer, Gray, Ms. DeSarno and Mr. Clayton
voted yes.)
RESOLUTIONS TO BE MEMORIALIZED:
LOUIS GRELLA
BA#30-2003
Block 893, Lot
29 Gray/Rembiszewski
MINUTES TO BE ADOPTED: Mr. Gray moved to approve the minutes of
the Workshop and Regular Meeting of September 19, 2003. Mr. Kerr 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 10:15 P.M.
Respectfully
submitted,
Betty Schinestuhl
Recording
Secretary