MINUTES -
REGULAR MEETING
MUNICIPAL
MEETING ROOM
JANUARY 13,
2003
Chairman
Braun called to order the regular meeting of the Wall Township Planning Board
at 7:40 P.M. Members present were
Braun, Tobia, Thomson, Brosnan, Morris, Luttman, Capone, Farrell, Wilson,
Rible, Kiley, Attorney Rubino, Engineer Gerken, Planner Bergalio, Planning
Board Secretary Lang, Recording Secretary Betty Schinestuhl and Court Reporter Arnone.
Chairman
Braun announced the meeting was being held in accordance with the “Sunshine
Law” and a resolution adopted on January 7, 2002.
SALUTE TO THE FLAG
Chairman
Braun announced the Kipling Woods application will not be heard tonight. It will be carried to March 31, 2003. They must renotice.
ELECTION OF OFFICERS
CHAIRMAN
Mr.
Tobia nominated Carl Braun as Chairman.
The nomination was seconded by Deputy Mayor Thomson. There were no other nominations. The Board Secretary cast one vote.
VICE CHAIRMAN
Deputy
Mayor Thomson nominated John Tobia as Vice Chairman. The nomination was seconded by Ms. Wilson. There were no other nominations. The Board Secretary cast one vote.
SECRETARY
Rubino
read the resolution appointing Roberta Lang as Planning Board Secretary and
Betty Schinestuhl as Assistant Secretary.
Deputy Mayor Thomson moved to adopt the resolution as read. Captain Morris seconded the motion, which
was unanimously approved by a roll call vote.
RECORDING SECRETARY
Attorney
Rubino read the resolution appointing Betty Schinestuhl as Planning Board
Recording Secretary. Deputy Mayor
Thomson moved to adopt the resolution as read.
Ms. Wilson seconded the motion, which was unanimously approved by a roll
call vote.
ATTORNEY
Attorney
Rubino read the resolution appointing Michael Rubino as Attorney for the
Planning Board. Deputy Mayor Thomson
moved to adopt the resolution as read.
Mr. Rible seconded the
January
13, 2003 Page
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motion,
which was unanimously approved by a roll call vote.
ENGINEER
Attorney
Rubino read the resolution appointing Glenn R. Gerken as Engineer for the
Planning Board. Deputy Mayor Thomson
moved to adopt the resolution as read.
Mr. Rible seconded the motion, which was unanimously approved by a roll
call vote.
SPECIAL PLANNER
Attorney
Rubino read the resolution appointing John Maczuga as Special Planner for the
Planning Board. Deputy Mayor Thomson
moved to adopt the resolution as read.
Mr. Farrell seconded the motion, which was unanimously approved by a
roll call vote.
PLANNER
Attorney
Rubino read the resolution appointing John Hoffmann as Planner for the Planner
Board. Deputy Mayor Thomson moved to
adopt the resolution as read. Captain
Morris seconded the motion, which was unanimously approved by a roll call vote.
COURT REPORTER
Attorney
Rubino read the resolution appointing Deborah Arnone as Court Reporter for the
Planning Board. Deputy Mayor Thomson
moved to adopt the resolution as read.
Ms. Wilson seconded the motion, which was unanimously approved by a roll
call vote.
OPEN PUBLIC MEETINS ACT
Attorney
Rubino read the resolution designating the time and place of meetings, other
regulations of the Board and the official newspapers. Deputy Mayor Thomson moved to adopt the resolution as read. Mr. Farrell seconded the motion, which was
unanimously approved by a roll call vote.
8:00
P.M. the Board recessed.
8:10
P.M. the meeting resumed.
CARRIED APPLICATIONS
MONMOUTH
OCEAN CHILDREN’S HEART – PB#18-2003 – Block 823, Lot 19, 3204 Allaire Road,
OB-120 zone. Application complete: June
21, 2002. Carried from October 7, 2002
and December 2, 2002. Site with
variances.
Timothy
B. Middleton, Esq. appeared for the applicant.
January
13, 2003 Page
3
Entered
into evidence:
A-11 Revised drainage calculations prepared by
Birdsall Engineering dated December 2002
A-12 Jurisdictional Items
A-13 Additional maps prepared by Birdsall
Engineering dated December 2, 2002
A-14 Colored rendering
PB-9 Monmouth County Planning Board letter dated
December 24, 2002
PB-10 Review letter from Cheryl Bergailo, Schoor
DePalma, dated January 13, 2003
PB-11 Review letter from Glenn Gerken, Schoor
DePalma, dated January 7, 2003
PB-12 Landscape review letter from Elias Sarrinikolaou, Schoor DePalma,
dated January 13, 2003
Sworn by Reporter Arnone: Mark Kataryniak
Glenn
Gerken
Cheryl
Bergailo
Chairman Braun stated there
are two new members and they have read the transcripts. He stated
everyone is eligible to
vote.
Dorothy
Newman stated she is the prior owner of this piece of property. She said she is not the owner. She stated she sold the property one year
and seven months ago. She said she does
not own the property and objects to being used as the owner. She objects to her name being used during
hearings on this application. Mrs.
Newman said her sister-in-law owns the adjacent lot. She said her sister-in-law will not sell it for $135,000.
Attorney
Middleton gave an overview of the application.
He said the property is located on Allaire Road west of the circle. It is in the OB-120 zone. There is a two story single family home on
the property. The property is 29,500
s.f. in area where 125,000 s.f. in area is required.
Attorney
Middleton explained Dr. Rivera is proposing the construction of a two story
office building to house a medical practice. Dr. Rivera specializes in pediatric cardiology. The first floor will be used for her
practice and the second floor will be used as office space.
Attorney
Middleton said the property has residences to the west and south and the OB-120
zone is to the east. He said originally
they planned on purchasing lot 19 and combining it with lot 20.
Attorney
Middleton said a number of attempts were made to get in touch with the owner of
lot 20. I have received no response.
Attorney
Middleton said the building has been moved closer to Allaire Road. There will be a 50’ buffer provided to
residential properties behind the site where 75’ is required. He said they have agreed to move the
structure as far over as possible. It
will be moved 10’ toward lot 20. There
will be a 60’+ buffer on that side. He
said they have also reduced the size of the second story to 1,000 s.f.
January
13, 2003 Page
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Attorney
Middleton said maximum building coverage allowed is 20%, 7.6% is being
proposed. The ordinance permits 60% lot
coverage, 28.74% is being proposed. He
said that is less than half. He said
the applicant is not over-building. He
said everything they could do has been done to reduce the second story.
Attorney
Middleton said variances required are for lot width, area, depth and side yard
setbacks. Attorney Middleton explained
to the east side there will be a 20’ setback where 30’ is required, to the west
there will be a 50’ setback. The office
building is 60’ and 55’ from the parking lot.
Attorney
Middleton said they are eliminating an unsightly non-conforming use and
replacing it with an esthetically pleasing office which conforms.
Mark
Kataryniak, gave his credentials which were accepted by the Board.
Mr.
Kataryniak said the building has been moved as far to the east property line as
possible. Sixteen parking spaces are
being proposed. There will be
landscaping along the west and south to screen the residents. The monument sign will be moved.
Mr.
Kataryniak said there will not be a heavy dumpster. A truck will not be required to access the dumpster.
Mr.
Kataryniak said drainage will be on site.
The run off is very small.
Attorney
Middleton said a basement is being proposed for additional storage space. It will be deed restricted for storage and
mechanics only.
Mr.
Tobia said, back to the trash enclosure, he would like that buffered with
additional landscaping. He asked if
medical waste would be stored inside the building. Attorney Middleton said it would. He said medical waste will be carted from the site by a private
contractor. Mr. Tobia said along lots
31 & 39 he would like additional evergreen plantings subject to Board Planner
approval.
Captain
Morris said the applicant offered $135,000 to the adjoining property
owner. Have any other offers been
made. Attorney Middleton said no the
last attempt to contact her was November 2002.
Deputy Mayor Thomson said it is unfortunate the applicant was not able
to purchase lot 19 still a good job was done with this one.
Mr.
Tobia asked if the building will look residential in nature. Attorney Middleton said yes.
Mr.
Kataryniak said the engineer has required color samples which we will
submit. There will be no façade
signage.
The
application was open to the public.
January
13, 2003 Page
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Vince
Zales, 501 Third Avenue, Spring Lake.
Attorney Middleton objected to Dr. Zales stating he is not an interested
part. Chairman Braun said his objection
was noted but the Board would hear what Dr. Zales had to say.
Dr.
Zales said his concerns are on the testimony that was given in the beginning of
this application stating there was no pediatric cardiologist service in the
area. Attorney Rubino said that is not
part of this application. Attorney Middleton
said Dr. Zales is an ex partner of the applicant and are involved in
litigation. The Board declined to hear
anything additional from Dr. Zales.
Mitchell
Alpert, 2209 Glenmere Court, was sworn.
Dr. Alpert is another ex partner of Dr. Rivera. Dr. Alpert said he was not notified of this
meeting because he is 300’ from the property.
He said this project is close to his home. He said he does not want a competing property in his
neighborhood. He said he does not want
any practice in his neighborhood. He
said he did not want to drive by Dr. Rivera’s office every day on his way to
work. He said it was not zoned for that
originally. Chairman Braun said Dr.
Alpert’s concerns are not part of this application.
Dr.
Alpert said he could not figure out why the owner of lot 20 did not want to
sell until he heard the offer. He said
he believes the offer is below market value.
He said he is currently looking to buy lot 20. He said if the Board grants this application it would render the
property useless.
Attorney
Rubino said the owner of lot 20 had a right to show up here. She was notified.
Mr.
Tobia said the property is zoned for commercial use and the existing residence
is non-conforming. Chairman Braun
agreed and said that the future owner of lot 20 could not tear down the house
and construct a new house.
Dr.
Alpert said if the application is granted that woman will suffer. He said the Board is affecting the value of
that property if this is granted tonight.
The
application was closed.
Attorney
Rubino said the owner of lot 20 received notice more than once. She should be the one to speak about the
impact on her property. Dr. Alpert
does not qualify as an expert in real estate.
Mr.
Tobia moved to approve the application for site plan subject to payment of
taxes and applicable assessments. The
applicant shall comply with the review letters of the Board Professionals. The applicant will comply with the
requirements of Freehold Soil Conservation District, Monmouth County Board of
Health and Monmouth County Planning Board.
The applicant will obtain approval from DEP and DOT. The applicant will comply with Wall Township
Affordable Housing Trust Fund and ADA requirements. The applicant must obtain a tree removal permit. The applicant must comply with review letters
from Wall Township Police Department dated July 4, 2002, Fire Prevention
letters dated July 1, 2002 and October 1, 2002, Monmouth County Planning Board
letter of December 30, 2002, Environmental Advisory Committee letter of July
19, 2002 and landscape architect letter of July 13, 2002. Waivers are granted as requested. There will be no loading zone. The applicant shall submit application for
January
13, 2003 Page
6
Subtitle
1 of Title 39. The applicant shall install a Knox Box
system. The applicant shall meet with
Wall Township Police Department and emergency personal prior to start of
construction. Additional landscaping
shall be planted along lots 31 & 39 subject to Board Planner and Engineer approval. The second floor will only be used for
offices only. The basement shall be
deed restricted for storage and mechanicals.
If there is any change in use the applicant must come back to the
Planning Board. Medical waste must be
stored inside the build and disposed of according to law. Variances are granted.
Attorney
Rubino said the variance is based upon the fact this is an undersized lot and
it is a hardship. The use is permitted.
Mr.
Rible seconded the motion which was approved by a roll call vote. (Messrs. Tobia, Rible, Kiley, Brosnan,
Luttman, Ms. Wilson, Messrs. Capone, Farrell, Thomson and Braun voted yes. Captain Morris abstained. )
CAMP ZAHNDER YMCA –
PB#24-2002 – Block
977, Lots 6 & 8, 3911 Herbertsville Road, CR-40 zone. Application complete: August 7, 2002. Carried from September 30, 2002. Site with variances.
Richard
Hogan, Esq. appeared for the applicant.
Attorney
Hogan said they have to review the plans for this application. Attorney Hogan asked for this application to
be carried. He asked for the most time
available. Attorney Rubino said the
application will be carried to June 2, 2003.
The applicant must re-notice.
Chairman Braun said the applicant waives the time limits.
RESOLUTIONS TO BE
MEMORALIZED:
HOWELL PROPERTIES – PB#7-1998
Block
977, Lots 16 & 18
Attorney
Rubino read the resolution of approval.
Mr. Capone moved to adopt the resolution as read. Mr. Rible seconded the motion, which was
unanimously approved by a roll call vote.
(Messrs. Capone and Rible voted yes.)
VINCENT GIFFORD – PB#30-2001
Block
217, Lots 5 & 7
Attorney
Rubino read the resolution of approval. Mr. Rible moved to adopt the resolution as read. Ms. Wilson seconded the motion, which was
unanimously approved by a roll call vote.
(Mr. Rible, Ms. Wilson, Messrs. Capone, Morris, Thomson, Tobia and Braun
voted yes.)
January
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7
DEAN & DEANA CAPABIANCA
– PB#26-2002
Block
23, Lot 23
Attorney
Rubino read the resolution of approval.
Deputy Mayor Thomson moved to adopt the resolution as read. Ms. Wilson seconded the motion, which was
unanimously approved by a roll call vote.
(Mr. Thomson, Ms. Wilson, Messrs. Rible, Morris, Tobia and Braun voted
yes.)
GORDON WALL – PB#5-2002
Block
931, Lot 15
Attorney
Rubino read the resolution of approval.
Deputy Mayor Thomson moved to adopt the resolution as read. Mr. Rible seconded the motion, which was
unanimously approved by a roll
call
vote. (Messrs. Thomson, Rible, Morris,
Tobia and Braun voted yes.
Mr.
Tobia moved to approve the minutes of the Workshops and Regular Meetings of November
25, 2002 and December 2, 2002. Ms.
Wilson seconded the motion, which was unanimously approved by a roll call vote.
Chairman
Braun announced next Tuesday, January 21, 2003 at 7:30 P.M., there will be a
meeting regarding the West Belmar Gateway project. Attorney Rubino said Attorney McLaughlin and Administrator
Verruni will be at the meeting. He said
the Board will also hear from the residents.
This is a special meeting. The
Township Committee would like this project to move along.
There
being no further business to come before the Board, a motion was made, seconded
and unanimously approved to adjourn the meeting at 9:00 P.M.
Respectfully
submitted,
Betty
Schinestuhl
Recording
Secretary