ZONING BOARD OF ADJUSTMENT
MINUTES OF THE REGULAR MEET
NOVEMBER 7, 2001
The Regular
Meeting of the Wall Township Board of Adjustment was called to order by
Chairman Noorigian at 7:45 P.M. Members
present were Chairman Noorigian, Vice Chairman Clayton, Mary DeSarno, Thomas
Grasso, Anthony Rembiszewski, first alternate Mark Brosnan, second alternate
Wilma Morrissey, Attorney Bigley, Planning Coordinator Pam D’Andrea, Recording
Secretary Betty Schinestuhl, Engineer
Glenn Gerken, Planner John Maczuga and Reporter Kane.
Chairman
Noorigian announced Attorney Hirsch will not be here this evening, Attorney
Bigley will fill in for him.
Attorney Bigley
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
Noorigian said there are four applications for this evening. Chairman Noorigian said Christopher Stephen
Enterprises will be carried to next year. The Christopher Meccia application will be carried to December 5,
2001.
Chairman
Noorigian said the Bennett application will be heard first.
CASE
#BA27-2001 – Date
application complete: September 28,
2001
APPLICANT:
KIRK AND TAMMY BENNETT
PROPERTY:
1203 Remsen Mill Road, Block 355, Lot 17, R-60 zone.
RELIEF
REQUESTED: Use variance for expansion of non-conforming
use.
Attorney Bigley
viewed the file and stated the Board had jurisdiction to proceed.
Sworn by
Reporter Kane: Tammy Bennett
Kirk
Bennett
Mrs. Bennett
explained they want to tear down the fire damaged house and replace it with a
two story house.
Chairman
Noorigian asked how long the Bennett’s owned the property. Mrs. Bennett said since March 2000.
Chairman Noorigian
asked when the fire was. Mrs. Bennett
said April, 1999.
November 7, 2001 Page
2
Chairman
Noorigian asked what the degree of damage is.
Mrs. Bennett said it was severely damaged.
Entered into
evidence:
A-1 Photo of the property
A-2 Photo of the left side of the fire damaged
house
A-3 Photo of the right side of the fire
damaged house
A-4 Photo of the left side of the garage
apartment
A-5 Photo of four car garage with apartment
A-6 Photo of the front view of the fire
damaged house
A-7 Photo of the front of the house with four
car garage apartment
These photos
were explained by Mrs. Bennett.
Mrs. DeSarno
asked what percentage of the home was destroyed. Mrs. Bennett said it was severely destroyed.
Mrs. DeSarno
asked if the house could be rebuilt.
Mrs. Bennett said it is built on cinder. It may not hold a second story.
It smells of smoke.
Mrs. Morrissey
asked what do the Bennett’s intend to do with the garage apartment. Mrs. Bennett said they intend to rent it
out.
Mrs. Morrissey
asked if Mrs. Bennett feels the proposed house and the garage apartment fits in
with the neighborhood. Mrs. Bennett
said yes.
Entered into
evidence:
A-8 Letter from John Hoffmann dated July 31,
2001
Mr. Brosnan
asked if the proposed building and the garage will be connected. Mrs. Bennett said no.
Attorney Bigley
explained under the law in Wall Township if you have a non-conforming use and
it is damaged to the extent that it is completely destroyed you cannot build
the structure and have two homes on one lot.
Attorney Bigley asked if the home was more than 50% destroyed. Mrs. Bennett said the house is still
standing. It has major damage.
Attorney Bigley
asked if the Bennett’s have received anything other than the letter from Mr.
Hoffmann. Mrs. Bennett said no.
Mr. Bennett said
the only thing that was damaged was the front room. He said there was mostly smoke and water damage.
Mr. Grasso asked
if they purchased the house in the condition it is in. Mrs. Bennett said yes.
November 7, 2001 Page
3
Mr. Grasso asked
if the previous owner collected for damages.
Mrs. Bennett said they collected 80% of the value of the home.
Attorney Bigley
said if it was determined that the house was only partially destroyed you can
take it down and build a new house but not have the second dwelling.
Mrs. Bennett
said the house is still standing. It
was built with concrete walls.
Mr. Grasso asked
if the house was too small for the Bennett family. Mrs. Bennett said yes.
Mr. Grasso said
he has concerns about two structures on a single lot in an area of town that
there is nothing that closely resembles this.
He suggested demolishing everything and rebuilding what the applicant
wants.
Mrs. Bennett
said they bought the house because of the two structures. She said if they destroy the two structures
they would defeat the purpose of why they purchased this property.
Mrs. DeSarno
said she needs to know if the house can be repaired. She asked how can the Board find that out. Mr. Maczuga said the Construction Official
can inspect it.
Mr. Clayton
asked if the applicant went to the town and asked what can be built on this
lot. Mrs. Bennett said before they
purchased the property they went to the Building Department and asked what
could be done.
Mr. Clayton
asked how long the apartment has been in existence. Mrs. Bennett said it has been a legal apartment since 1975.
Mr. Clayton
asked if the applicant wants to connect the two structures. Mrs. Bennett said they have discussed
that.
Mrs. DeSarno
said she would like more information regarding the extent of damage.
Mr. Brosnan also
stated he would like additional information.
He said the structure looks sound.
Mrs. Morrissey
asked what type of roof is proposed.
Mrs. Bennett said it would be a pitched roof.
Entered into
evidence:
A-9 Ad for apartment
A-10 Photo
A-11 Photo
A-12 Photo
A-13 Photo
A-14 Photo
November 7, 2001 Page
4
Mrs. DeSarno
asked if they would change the roof on the garage apartment. Mrs. Bennett said yes.
Chairman
Noorigian asked if there were any questions from the public.
Jeffrey Thakker,
Esq., from Middleton & Kennedy, represented Robert McAllan.
Attorney Thakker
asked if the exhibits were moved into evidence. Attorney Bigley said yes.
Attorney Thakker
objected to the ad for the apartment as evidence.
Entered into
evidence:
A-15 Transfer permit approving apartment
Attorney Thakker
asked what portion of the house was damaged.
He asked if the house was gutted.
Mrs. Bennett said yes.
Attorney Thakker
asked what percentage of the house was gutted by the fire. Mrs. Bennett said it was not gutted by the
fire. She said they have gutted the
house since they purchased it.
Attorney Thakker
confirmed if it was the applicant’s intention not to repair the structure the
way it was before. Mrs. Bennett said
that is correct.
Attorney Thakker
asked if the proposed structure was going to be bigger. Mrs. Bennett said it would be 3,000 s.f.
Attorney Thakker
asked when the fire occurred. Mrs.
Bennett said April 1999.
Attorney Thakker
asked if the Bennett’s resided in the structure that was not damaged by the
fire. Mrs. Bennett said yes they reside
in the garage apartment.
Attorney Thakker
asked if there was a CO issued to use the lower portion of the garage as living
space. Mrs. Bennett said the CO was
issued for the apartment.
Attorney Thakker
asked if the Bennett’s knew this was zoned single family residential. Mrs. Bennett said yes.
Attorney Thakker
asked if it would be a hardship to the Bennett’s if the Board denied the right
to use the apartment as a dwelling.
Mrs. Bennett said yes. Attorney
Thakker asked how. Mrs. Bennett said
they purchased the property with the intention of using the rental apartment
income for the taxes.
Attorney Thakker
asked if the Bennett’s knew where the closest property was that was similar to
theirs having two dwellings. Mrs.
Bennett said she did not know.
November 7, 2001 Page
5
Mr. Brosnan
asked about the hardship. Mrs. Bennett
said they need the income from the garage apartment to pay the taxes. Mr. Brosnan asked if it would be a hardship
if this was denied. Mrs. Bennett said
yes.
Chairman
Noorigian announced this application will be carried to December 5, 2001.
Mr. Clayton said
the percentage of damage to this home will be determined by John Hoffmann and
the Building Department.
Mr. Grasso asked
about homeowners insurance. Mrs.
Bennett said the property is appraised at $190,000. It will go to $250,000 after the repairs are done.
Mrs. DeSarno
asked if the Bennett’s were paying full taxes on the house. Mrs. Bennett said they are paying 50%. They have a reduction because of the fire.
CASE
#BA26-2001: Date application complete: September 4, 2001
APPLICANT:
BLAIR AND ROBERTA QUIN
PROPERTY:
2919 Belmar Boulevard, Block 227, Lot 10, R-10 zone
RELIEF
REQUESTED: Bulk variance
Sworn by
Reporter Kane: Blair Quin
Roberta
Quin
Mr. Quin
explained they are proposing to add a wrap-around porch. He said the requirement for the front yard
setback is 30’ and 19’ is proposed. The
porch will be 8’ wide. It will wrap
around the front of the dwelling. It
will be approximately 1˝’ – 2’ off the ground.
Mr. Gerken asked
if it was going to be enclosed. Mr.
Quin said it will be open. Mr. Gerken
said his office has no concerns.
Mr. Brosnan
asked if it will have a roof. Mr. Quin
said yes.
Mr. Clayton
asked if there were other porches in the neighborhood with similar
setbacks. Mr. Quin said yes and there
are some that are closer.
Mrs. Morrissey
asked about landscaping. Mr. Quin said
they will put in shrubs and a sprinkler system.
The application
was opened and closed to the public.
Mr. Grasso moved
to approve the application as applied for.
Mrs. Morrissey seconded the motion, which was unanimously approved by a
roll call vote. (Messrs. Grasso, Mrs.
Morrissey, Mrs. DeSarno, Messrs. Rembiszewski, Brosnan, Clayton and Noorigian
voted yes.)
November 7, 2001 Page
6
MINUTES TO
BE ADOPTED: Mr. Clayton moved to approve the minutes
of the Workshops of September 19, 2001, October 3, 2001, October 17, 2001 and
August 15, 2001 and Regular Minutes of September 19, 2001, October 3, 2001,
October 17, 2001 and August 15, 2001.
Mr. Rembiszewski seconded the motion which was unanimously approved.
RESOLUTIONS
TO BE MEMORIALIZED:
LAWRENCE &
STACEY BREWER – BA#25-2001
Block 263, Lot
11.07 Grasso/Clayton
The resolution
will be amended to state 80% coverage is need for the fence.
PAUL LAWRENCE –
BA#24-2001
Block 303, Lot
15.01 Grasso/Morrissey
SEELY EQUIPMENT
& SUPPLY COMPANY – BA#819, Lot 16
Block 913, Lot
37 Clayton/Grasso
ANISH PATEL –
BA#21A-2001
Block 03, Lot 18 Grasso/Rembiszewski
Chairman
Noorigian and Mrs. Morrissey stepped down for the Sunnyside resolution.
Attorney Bigley
said there will be a small amendment to the resolution. The resolution says 53,000 s.f. It should read 55,000 s.f.
SUNNYSIDE MANOR,
INC. – BA#10-1998
Block 819, Lot
16 Grasso/DeSarno
There being no
further business to come before the Board, a motion was made, seconded, and
unanimously approved to adjourn the meeting at 8:50 P.M..
Respectfully
submitted,
Betty
Schinestuhl
Acting Recording Secretary