Attorney Cramer announces that the meeting is being held in accordance with the Sunshine Law.

Transcription

1 WALL TOWNSHIP BOARD OF ADJUSTMENT MINUTES STUDY SESSION CONFERENCE ROOM SEPTEMBER 16, 2015 Chairwoman DeSarno called to order the Study Session of the Wall Township Board of Adjustments at 7:00 PM. Members present were Chairwoman DeSarno, Attorney Geoffrey Cramer, Nance-Ellen Draper, Robert Morris, Vice Chairwoman Wilma Morrissey, Kevin Orender, Ray Slocum, Board Planner Scott Taylor, Board Engineer Glenn Gerken, Planning Secretary Suzanne Rose, Recording Secretary Anne Longo. Members absent were James Gray, Mark 1 st Alternate Mark Margadonna, 2 nd Alternate William Newberry, Township Planner John Hoffmann, Township Engineer Matthew Zahorsky. SUNSHINE LAW Attorney Cramer announces that the meeting is being held in accordance with the Sunshine Law. NEW APPLICATIONS: BOA# Michael Lepis Block 270 Lots Wall Church Rd R-60 Zone Application Deemed Complete 7/15/15 Applicant proposes a driveway gate with the length of 17 feet, side height of 68 inches and a center height of 84 inches with a 40 foot distance to the curb. Bulk. Carried to 10/21/15 with Re-Noticing Required BOA# Allen Group, LLC Block 824 Lots 2,3,4 3301Atlantic Ave R-60 Zone Application Deemed Complete 7/2/15 Applicant proposes to subdivide existing Lots 2 &3 along previous filed lot line. Existing Lot 4 is proposing new lot line in the general direction of the existing Lot 4 to create lot conformance to the current R-60 zone requirement. Applicant is applying for a Use variance for the existing business use in the residential zone to be utilized as office/ light industrial. Lot 3 shall be developed residential at a later date. Use / Minor Sub CARRIED APPLICATIONS: BOA# Sandy Lane BKB, LLC Block 819 Lot 12 & & 1809 Atlantic Ave. Zone OR-5 Application Deemed Complete 11/13/14 Applicant proposes to reconfigure lot lines and develop lot 13 as a 48 unit multi-family community (age restricted, over 55). Applicant also proposes to construct a 5,000 sf addition to the existing office building on lot 12. Use/Bulk from 1/14/15, 2/4/15, 3/4/15, 4/15/15, 5/6/15, 6/3/15, 7/8/15, 9/2/15 New Noticing Required Application Withdrawn w/o Prejudice on 8/13/15 1

2 Chairwoman DeSarno opens discussion mentioning that there is only one application before the Board this evening. She adds that William Kurtz has requested to say a few words concerning the withdrawal of his Sandy Lane application. Mr. Taylor offers comments about the application stating that it is an existing plastic manufacturing operation with an industrial use. There is a home on adjacent lot 4 and an additional vacant lot 3. The applicant seeks to increase area of residential lot, taking from the existing non-conforming lot. Mr. Gerken interjects that now it will be conforming. Mr. Taylor continues that it will take the non-conforming industrial use and exacerbate, but there is no real negative inpact on the industrial use, which is in the R-60 zone. Lots will comply with R-60 zoning. It is not unattractive, actually well maintained; it is a one story structure. Ms. Morrissey states that it makes sense, what they re doing; the business is not an eyesore. Mr. Taylor adds that if the business wants to expand in the future, then they must come back to the Board. Currently, all are under common ownership. Ms. Morrissey spoke to the owner when she visited the site, and states that it is buffered well, they planted a lot of trees. Mr. Taylor continues that the industrial use is close to the residential dwelling and suggested the Board ask for a description of the buffering, especially if the parcel were sold to someone else (not familial). Ms. Morrissey states that the house is going to be the owner s residence. Attorney Cramer questions the ownership of the parcel toward the Parkway. Mr. Taylor adds that there is no request for an increase in use; no improvements or clearing is permitted without approvals from appropriate Board. He offers that they could actually remove the industrial use and subdivide because there is plenty of acreage to remain conforming in R-60. Mr. Morris adds that the parcel is heavily wooded, planted with arbor vitae he believes. Mr. Taylor adds that there are Leyland cypress and maple trees too. Ms. Draper comments that the owners keep is very nice. Chairwoman DeSarno asks if there is a planner. Mr. Gerken replies there is an engineer and a planner. Attorney Cramer states that there has been no update from Donna Erem concerning Care One. Mr. Gerken feels they are pondering their options rather than going right to court. Attorney Cramer also states that there will be an application presented from Reggie Hyde who will be represented by Mr. Greg Vella. 2

3 RESOLUTIONS: MINUTES TO BE APPROVED: OTHER BUSINESS: ADJOURNMENT: Discussion ends at 7:15 p.m. 3

4 WALL TOWNSHIP BOARD OF ADJUSTMENT MINUTES REGULAR MEETING MUNICIPAL MEETING ROOM SEPTEMBER 16, 2015 SALUTE TO THE FLAG ROLL CALL Members present were Chairwoman DeSarno, Attorney Geoffrey Cramer, Nance-Ellen Draper, Robert Morris, Vice Chairwoman Wilma Morrissey, Kevin Orender, Ray Slocum, Board Planner Scott Taylor, Board Engineer Glenn Gerken, Planning Secretary Suzanne Rose, Recording Secretary Anne Longo, Court Reporter Deborah Arnone. Members absent were James Gray, 1 st Alternate Mark Margadonna, 2 nd Alternate William Newberry, Township Planner John Hoffmann, Township Engineer Matthew Zahorsky. SUNSHINE LAW Attorney Cramer announces that the meeting is being held in accordance with the Sunshine Law. Chairwoman DeSarno opens the meeting stating that there is only one application before the Board. The Lepis application has been carried to 10/21/15 requiring re-noticing. The Sandy Lane application was withdrawn without prejudice, but Mr. Kurtz would like to offer some comments and the Board agrees to hear him. Mr. Kurtz offers observations as a taxpayer. He wants to express a couple of things, that the development done made sense back then, but now the Township has a bike path. He came with an application because seniors want communities that are sustainable and navigable. He feels that a tastefully done age restricted community would do more for the surrounding residential property values than any of the permitted uses. He doesn t think there is a better spot for it. When the uses are compatible, maybe they should be allowed. Regardless of what happens, the traffic on Atlantic Avenue will have to be addressed. The OR-5 zone will bring more traffic that what he proposed. 500K square feet of office space has been approved already; he couldn t see building more office space. His office project is not three years old, and he still has space available. Noting the Master Plan and how it came about he states that sometimes OR-5 is designated because of what was existing the properties along Atlantic Avenue were along a railroad right-of way and development was industrial and office space; Route 18 was supposed to go through; now Route 18 is never going to be completed. He feels it would make good planning sense to explore how the resource of the Bike Path near the property could be better utilized. The application was submitted by neighbors of the development; they would love to walk to their business or to the Atlantic Club or shopping. The traffic issue or concern will have to be addressed in the not so distant future. He closes by stating he would like some direction as to what would be considered or accepted. Maybe look at the entire corridor for re-zoning. 4

5 Chairwoman DeSarno suggests that Mr. Kurtz sit down with the town fathers and ask them for direction. Mr. Kurtz agrees to meet with them. NEW APPLICATIONS: BOA# Michael Lepis Block 270 Lots Wall Church Rd R-60 Zone Application Deemed Complete 7/15/15 Applicant proposes a driveway gate with the length of 17 feet, side height of 68 inches and a center height of 84 inches with a 40 foot distance to the curb. Bulk. Carried to 10/21/15 with Re-Noticing Required BOA# Allen Group, LLC Block 824 Lots 2,3,4 3301Atlantic Ave R-60 Zone Application Deemed Complete 7/2/15 Applicant proposes to subdivide existing Lots 2 &3 along previous filed lot line. Existing Lot 4 is proposing new lot line in the general direction of the existing Lot 4 to create lot conformance to the current R-60 zone requirement. Applicant is applying for a Use variance for the existing business use in the residential zone to be utilized as office/ light industrial. Lot 3 shall be developed residential at a later date. Use / Minor Sub. Attorney Sandra Iammatteo of DaCortivo Law Firm in Toms River represents the applicant Allen Group, LLC., and Pasquale Iammatteo of the Allen Group. They are here on a minor subdivision to establish lot line. Attorney Cramer affirms jurisdiction to proceed citing evidence, and marking in new evidence: A-1 Jurisdictional Package A-2 Minor Subdivision Plan (full size and reduced) prepared by Adam Bendinsky, dated 4/13/15 A-3 Tax Map Page A-4 Freehold Soil dated 6/26/15 A-5 Aerial Photo A-6 Rendering of Subdivision A-7 Photo A-8 Photo A-9 Photo A-10 Transfer permit dated 4/22/97 BOA-1 1 st Engineering Review prepared by Glenn Gerken, P.E. dated 8/11/15 BOA-2 1 st Planning Review prepared by Scott Taylor, P.P. dated 9/11/15 BOA-3 1 st Fire Prevention Review dated 7/6/15 Attorney Iammatteo calls the first witness, Frank Sadeghi of Morgan Engineering who offers credentials and is accepted by Chairwoman Desarno. Mr. Sadeghi offers a brief synopsis of the application stating that Lot 2 has a masonry building on it, Lot 4 has a single family residential structure, and Lot 3 is vacant. The son plans to build a home on Lot 3 with frontage on Atlantic Avenue and the dwelling will face Atlantic Ave. The industrial operation faces West Side Drive. Lot 3 is also owned by applicant. The applicant 5

6 wishes to subdivide Lot 2 take a portion of Lot 2 and add it to Lot 4. The masonry building is office and light manufacturing, non-conforming and will be decreasing in lot size. Chairwoman DeSarno asks if there any question regarding notes on page 2 of Mr. Gerken s comments. Mr. Sadeghi replies that the impervious coverage for the lots are below allowable limits. They will correct the zone table; and the waivers are requested because they are not adding square footage to the existing building they didn t feel there was any impact. Chairwoman DeSarno adds that our planner agrees. With regard to a time schedule, they are not proposing development at this time. The utilities and sewer will be shown, they have requested a markout, and will have lines shown on the plans. The subdivision map will be recorded, no deed to be filed for subdivision. Mr. Sandeghi also states that they will tweek the plans according to the Board s final decision. Where buffering is concerned, they don t feel additional trees are needed. Vice-Chairwoman Morrissey asks if any trees will be removed. The reply is no. Mr. Taylor asks about Lot 3. The reply is that a home will be built later, but there is still enough acreage to build and still leave adequate buffer. Chairwoman DeSarno asks if there are any questions of the Board. Vice Chairwoman Morrissey asks Mr. Taylor to explain buffering requirements? Mr. Taylor replies that the residential parcel is heavily vegetated, but if there is no familial relationship in the future, a preservation of buffering should be required for Lot 3 because there could be a need in the future. Chairwoman DeSarno asks how this would be remedied. Mr. Taylor suggests there could be a conservation easement so no clearing in that area would be allowed. It isn t specifically identified on the plans; it s difficult to determine the best way to preserve. Vice-Chairwoman asks if Mr. Gerken is satisfied. Mr. Gerken replies, absolutely. Attorney Iammatteo calls the applicant, Pasquale Iammatteo. He is a managing member of the Allen Group, LLC and the owner of Lots 2 and 3. Mr. Iammatteo gives a summary of what the LLC does stating that they are in product design and operate in a field of rustic polymers producing medical, electronic, and automotive components. It is a high volume, small component operation with low traffic about one truck a month. It is a very low profile operation. They have been operating since It was purchased in 1996, closed in 2002, the building was refurbished, and they moved in in A transfer permit was acquired in The prior owners used it for the same use for years prior to 2008, from the 1970 s until the mid 1990 s. Attorney Iammatteo states that there will be no increase of operation. Mr. Iammatteo affirms. 6

7 Attorney Iammatteo questions the storage of trucks, garbage, boats, etc. Mr. Iammatteo replies that there was a boat owned by his son, it has been sold. A 1947 Ford pick-up was just purchased, and they are to be refurbished. There is no garbage stored. Attorney Iammatteo asks about materials stored. Mr. Iammatteo replies that there are some building materials because they were going to build a house; went through the process, filed for a permit. He states that his son bought the materials to build. They didn t get the permit to build yet, but plans were submitted to the building department. Attorney Iammatteo asks if there is anything else stored. The reply is no. Attorney Iammatteo reiterates that no trees are to come down. She notes that photos 7 & 8 are presented to depict the front of Lot 2, it was taken yesterday. A-9 depicts the buffering between Lots 2 and 3. Mr. Iammatteo states that ten years ago they planted a row of white pines which are now feet high, and again states that the buffer will remain. If the Board requests additional buffer, he is willing to plant more. Mr. Taylor asks if the trees are on the business or residential parcel. The reply is that they are located approximately 5 feet on the residential side. Vice-Chairwoman Morrissey notes that the residential home has a driveway on Atlantic Avenue and it isn t safe. The applicant replies that they want to move the driveway more on West Side Drive to alleviate the problem. Vice Chairwoman Morrissey agrees it is a good reason to move the boundary line. Ms. Draper asks for clarification on what is stored in the building. Mr. Iammatteo replies there is a fireproof cabinet which stores paint. Chairwoman DeSarno asks if there are any questions of the audience. There were none. Chairwoman DeSarno asks if there is a final witness. The reply is yes, Mr. John Maczuga of T & M Associates, who offers his credentials and is accepted by Chairwoman DeSarno. Mr. Maczuga offers highlights that Lot 4 is 40,000 sf and will expand to conform; Lot 2 is 7.69 acres; Lot 3 is conforming. Each is taxed separately; Lot 2 is business, the other is vacant. There is a farm to the west, residences across the street, and the Bike Path is on the westerly boundary. The entire site is low density R-60. He continues that there is a permit for Lot 3 because the lots are merged as a matter of law, but shall be undivided. Lot 3 cannot be conveyed without a subdivision map. They chose to render Lot 4 conforming, and relocate the driveway to make it safer. It will result in an expansion of the industrial non-conforming use because they re lessening Lot 2. The application offers positive criteria, and there is no substantial detriment. He believes, in his professional opinion, that special reasons exist to approve and negative criteria can be satisfied. It upgrades the character of the area and promotes desirable outcome. Lot 2 will render Lot 4 conforming and moving the driveway promotes public safety. There is no negative detriment to the immediate public, rather a positive for public safety. When asked if it creates an impairment to the Master Plan, he finds no such detriment, rather it renders it more consistent with the Master Plan. It promotes the purpose of zoning by meeting zoning requirements. Chairwoman DeSarno questions the need for a conservation easement. Mr. Maczuga does not have a concern about the future because he can t see someone cutting trees to see a business. 7

8 Chairwoman DeSarno suggests that the trees grow and become scraggly; the applicant is willing to do supplemental planting. Mr. Taylor feels there is no real serious concern; the Board is comfortable. Chairwoman DeSarno asks if there are any questions for the witness. There were none. Chairwoman DeSarno asks if there is anything to add. There is nothing. Mr. Iammatteo makes a correction that the trees are not white pines, but blue spruce. There was a motion to approve by Mr. Morris; a second by Ms. Morrissey; all in favor subject to: Compliance with the Ordinance regarding the outdoor storage of trucks, boats, garbage and materials Relocation of driveway to promote public safety Maintenance of buffering into the future to compensate for the possibility of the loss of a familial relationship Amending the zone table to reflect corrected items Notation of sanitary sewer and water lines on the plans Perfection of subdivision by filing/recording either map or deed within 90 days of approval Signatures and certification of professionals on plans CARRIED APPLICATIONS: BOA# Sandy Lane BKB, LLC Block 819 Lot 12 & & 1809 Atlantic Ave. Zone OR-5 Application Deemed Complete 11/13/14 Applicant proposes to reconfigure lot lines and develop lot 13 as a 48 unit multi-family community (age restricted, over 55). Applicant also proposes to construct a 5,000 sf addition to the existing office building on lot 12. Use/Bulk from 1/14/15, 2/4/15, 3/4/15, 4/15/15, 5/6/15, 6/3/15, 7/8/15, 9/2/15 New Noticing Required Application Withdrawn w/o Prejudice on 8/13/15 RESOLUTIONS: MINUTES TO BE APPROVED: OTHER BUSINESS: ADJOURNMENT: There being no further business before the Board a motion to adjourn was made by by Morrissey; Second by Orender. Meeting adjourned at 8:37 p.m. 8