MINUTES -
REGULAR MEETING
MUNICIPAL
MEETING ROOM
JANUARY 27,
2003
Chairman
Braun called to order the regular meeting of the Wall Township Planning Board
at 7:37 P.M. Members present were
Braun, Tobia, Thomson, Brosnan, Morris, Luttman, Farrell, Wilson, Rible, Kiley,
Attorney Hirsch, Engineer Hoover, Planner Bergailo, Consulting Engineer Mallon,
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 13, 2003.
SALUTE TO THE FLAG
Chairman
Braun announced the Abrecht application will be carried to February 24,
2003. He said the applicant must
renotice.
CARRIED APPLICATIONS
SDI
– PB#25-2002 – 1840 Old Mill Road, Block 88, Lot 2, HB-80 zone. Application complete: August 12, 2002. Carried from November 4, 2002. Site with variances.
Entered
into evidence:
PB-7 Review letter from John Hoffmann, Township
Planner, dated January 7, 2003
PB-8 Police Department letter dated August 29,
2002
PB-9 Review letter from John Hoffman, Township
Planner, dated January 17, 2003
PB-10 Review letter from John Mallon, Ernst, Ernst
& Lissenden, dated January 21, 2003
A-15 IN-SITU Percolation testing dated November
26, 2002
A-16 Stormwater Management report prepared by
Bohler Engineering last revised January 2003
A-17 Maps prepared by Bohler Engineering last
revised December 30, 2002
A-18 Colored rendering of revised plans
Rick
Brodsky, Esq. appeared for the applicant.
John
Bonello, Esq., attorney for adjoining property owners, stated there have not
been any good faith negotiations.
Attorney
Brodsky said at the prior hearing plans were introduced for the Board’s review
those plans have been revised.
Mr.
Spalt, previously sworn, explained the revised plans. He stated there are a number of revisions to the plan. He said setbacks will be 30’ from the side
property lines. He said they are
January
27, 2003 Page
2
proposing
to widen the roadway on Old Mill Road.
Additional buffering will be added between the Commerce Bank drive thru
and Old Mill Road. He said they will
provide for a full bypass lane. He said
the detention basin has been revised according to the engineer’s
suggestions. The plan is generally the
same. He said fire lanes have been
added.
Attorney
Brodsky asked Mr. Spalt to explain the circulation. Mr. Spalt said a full, separate bypass lane is being
proposed. It will be a full access
driveway. There will be right in and
out and left in and out. Mr. Spalt
explained customers entering from Old Mill Road would enter along the north
side of the building and then travel clockwise to the drive thru lanes. He said you can bypass the drive thru and go
around the building. Parking will be at
the front of the building.
Attorney
Brodsky asked Mr. Spalt, in his opinion, is this on site traffic flow
sufficient. Mr. Spalt said yes.
Attorney
Brodsky asked Mr. Spalt to go over the road widening on Old Mill Road. Mr. Spalt said there will be minor widening
of the pavement and they would install a new curb.
Mr.
Spalt said the ordinance requires 175’ of stacking space which would allow for
stacking of 10 cars. He said with this
design you can stack 17 cars. He said
this will satisfy the ordinance.
Attorney
Brodsky asked about drainage. Mr. Spalt
said that has been addressed. He said
there are a few minor items remaining.
He said they can resolve them with the engineer’s office. Mr. Mallon agreed.
Chairman
Braun said the Board has an interest in signs stating no left turn out onto
Route 35. Mr. Spalt said the traffic
engineer will address that.
Mr.
Spalt said they will obtain outside approvals from Freehold Soil Conservation
District, NJDOT, etc.
Mr.
Spalt said they have included the Fire Prevention changes in the new
plans. He said they will stripe the
parking area.
Mr.
Spalt addressed the signage variance.
He said the 39.5 s.f. building mounted sign exceeds the 20 s.f.
limit. He said the 48 s.f. free
standing sign to be located at the Route 35 driveway conforms. Mr. Spalt said although the building mounted
sign exceeds the township limits the full proposal is under the limit for total
signage. Mr. Tobia asked if there was
any reason they could not comply with the ordinance. Mr. Spalt said no. Mr.
Tobia asked if they will comply. Mr.
Spalt said yes.
Mr.
Mallon asked about the low spot on Old Mill Road. Mr. Spalt said as a result of the road widening there will be a
low area on Old Mill Road. He said they
have agreed to put in inlets. He said
it is illustrated on the drawings.
Mr.
Harter, traffic expert, was previously sworn.
January
27, 2003 Page
3
Mr.
Harter said they have relocated the driveway.
He said that plan was submitted to NJDOT and it has been approved. (letter dated December 27, 2002)
Entered
into evidence:
A-19 DOT approval letter dated December 27, 2002
Chairman
Braun asked why the NJDOT approved a full driveway. Mr. Harter explained NJDOT has looked at the site several
times. He said it is not a high
intensity use and the left hand turn onto Old Mill Road is much more
difficult. Mr. Harter said he
understands the Boards concerning about customers crossing three lanes of
traffic but the turning lane would provide drivers with a space to wait until
they can enter the traffic flow on Route 35.
Chairman Braun said that lane was not designed for drivers waiting to
enter the flow of traffic. Mr. Tobia
said although he respects the fact that NJDOT approved this he would rely more
on our Police Department He said he would like to see no left turn onto Route
35.
Captain
Morris said he does not agree with the applicant. He said if a center island is put in the center lane is not a
lane designed to be used as a way for cars to enter traffic. He said the safest would be to go out Old
Mill Road and then go to the traffic light at 18th Avenue. He said if traffic can be eliminated going
out onto Route 35 it would be beneficial.
Attorney Brodsky said they would agree to the no left turn.
Captain
Morris asked what the opening dimensions are.
Mr. Harter said 30’ on site and 50’ curb opening.
Captain
Morris suggested a concrete island to bar cars from making the left onto Route
35. Chairman Braun disagreed. He said he does not feel it is
necessary. He said an island would
restrict the movement of snow plows.
Mr.
Marron suggested painting a turning arrow on the surface. Attorney Brodsky agreed.
Mr.
Harter said he is comfortable with the on site circulation. He said he has reviewed it many times.
Nicholas
Jekogian, Executive Vice President with Interstate Commercial Real Estate, was
sworn. Mr. Jekogian gave his
credentials which were accepted by the Board.
Attorney
Brodsky stated the Board has questioned the bank’s efforts to acquire the
vacant lot to the south. Mr. Jekogian
said the bank, over the past year, had made inquires through the Real Estate
Broker.
Attorney
Bonello objected stating that Mr. Jekogian’s testimony was hearsay. Chairman Braun said the Board notes the
objection.
Mr.
Jekogian said he has personally made inquires regarding the adjacent property
on behalf of
January
27, 2003 Page
4
the
bank. Mr. Jekogian said the property
was listed at $700,000. Mr. Jekogian
said that was an exorbitant amount of money for that property. He said Mr. Rezis purchased the property for
$295,000 in 1999.
Attorney
Brodsky asked if Mr. Jekogian has received any further correspondence regarding
this property. Mr. Jekogian said in
November 2002 a representative from the real estate broker’s office stated Mr.
Rezis would offer the property to Commerce Bank for $525,000. Mr. Jekogian said he felt that was still too
high for a small piece of ground.
Entered
into evidence:
A-20 Copy of letter from broker asking $525,000
for the property dated November 2002
Mr.
Jekogian said Commerce Bank did make an offer, directly to the owner of the
property, based on fair market value.
Attorney Bonello asked if Commerce Bank made an offer, including a dollar
amount, before Monday. Mr. Jekogian
said the first dollar amount offer was made on Monday.
Attorney
Brodsky asked Mr. Jekogian if the bank tried to purchase this property in good
faith. Mr. Jekogian said yes.
Attorney
Hirsch asked what is currently on the property. Attorney Brodsky said a residential structure. Attorney Hirsch asked if it was
occupied. Mr. Jekogian said he doesn’t
think it is. He said the woman that
lived there recently passed away.
Attorney
Bonello asked if the bank has ever, prior to today, made an offer to purchase
this property. Mr. Jekogian said there
was an offer made last week. Attorney Bonello
asked when was the first time an offer was made. Mr. Jekogian said last Thursday.
Attorney Bonello asked when was this application filed. Mr. Jekogian said six months to a year
ago. Attorney Bonello said and there
has never been an offer of a dollar amount made up to today.
Attorney
Hirsch asked if Mr. Rezis would accept $350,000. Attorney Bonello said that was not fair market value. He said his client would be willing to have
an appraisal done.
Chairman
Braun said if you’re willing to sell for $600,000 or $700,000 I feel you’re
holding them up. Attorney Bonello said
his client offered the property to the bank for $525,000 three months ago and
they have never had a response.
Chairman
Braun said the Board is not going to listen to any more of the economics. He said this lot is fully conforming even
though it is undersized. He said the
Board intends to move on the application.
Attorney
Hirsch went over the law concerning purchasing adjacent property of an
undersized lot. He said case law cites
only residential properties and not commercial.
Dr.
Farrell, block 270, lot 71, was sworn.
Dr. Farrell said a number of his concerns have been
January
27, 2003 Page
5
taken
care of this evening. She said on
November 4, 2002 he asked that the site plan be corrected. She said the numbers are incorrect and the
property lines are wrong. She said one
of her concerns is where the driveway is going to be. She is asking the Board to consider having the entrance and exit
on Route 35.
Attorney
Brodsky agreed with Attorney Hirsch regarding the purchase of the adjoining
property. He said the bank is still willing
to acquire the property at a fair market value and he said carrying this matter
jeopardizes the transaction.
Chairman
Braun said this application will be carried to February 24. Attorney Brodsky asked if they can come back
in a week.
Attorney
Hirsch said the bank can make an offer of fair market value. Attorney Bonello suggested having an
independent appraisal done. Chairman
Braun asked if both sides would agree to having three independent appraisals
done, then averaging the appraisals and using that figure. Attorney Brodsky agreed. Attorney Bonello said he would agree to
something close to that.
Chairman
Braun said the application will be carried to February 24. Attorney Brodsky asked if the Board could hear
the application before February 24 because this application may be moot by
then.
CHRISTOPHER STEPHEN
ENTERPRISES – PB#23-2001 – Highway 34 & Holly Boulevard, Block 845, Lot 31, OP-10
zone. Date application complete: June
5, 2001. Carried from August 27, 2001,
February 25, 2002, March 11, 2002, April 29, 2002, September 9, 2002 and
November 25, 2002
Chairman
Braun announced Christopher Stephen Enterprises will be rescheduled to February
24, 2003. Chairman Braun said no
further noticing is required.
Mr.
Ross stated many residents have come to these meetings for the last two
years. He said it is discouraging to
come out to the meetings and the Board hears other matters first and then
reschedules this application.
Attorney
Mancuso said he had no objection to the rescheduling.
Attorney
Giunco said he has three witnesses to call.
He said he would need between 35 and 40 minutes.
HOWELL PROPERTIES – PB#23-2001
– Block
977, Lots 16 & 18. 3903
Herbertsville Road. Date application
complete: February 23, 2998. Carried
from November 4, 2002. Applicant seeks
to amend site plan approval.
Richard
Shimanowitz, Esq. appeared for the applicant.
January
27, 2003 Page
6
Entered
into evidence:
A-4 Map of street layout prepared by Crest
Engineering
A-5 Grading and utility plan prepared by Crest
Engineering dated July 14, 2000
Chairman
Braun explained Howell Properties is asking the Board to approve some
changes.
Attorney
Shimanowitz explained the project received approval to construct 177
age-restricted single family homes. He
said it is a Mount Laurel housing plan.
He said they received approval for preliminary and final site plan. He said that approval included three access
roads, Cherry Lane, Red Bud Lane and Maypink Lane. He said they are asking for approval for one change. They want to change Maypink Lane to
emergency access only. He said that is
the only thing that is changing.
Attorney
Shimanowitz said Frank Miskovich will give testimony regarding traffic.
Sworn
by Reporter Arnone: Cheryl
Bergailo, Planner
Bill
Hoover, Engineer
Frank
Miskovich, Traffic Expert
Mr.
Miskovich gave his credentials which were accepted by the Board.
Mr.
Miskovich stated he was the engineer on the preliminary and final approvals.
Attorney
Shimanowitz asked Mr. Miskovich to describe A-4, street layout.
Mr.
Miskovich explained the property is landlocked by the Garden State Parkway and
Brick on the east and Howell on the west.
Mr.
Miskovich said drivers would take Newton’s Corner Road through Howell to Pine
Needle Street and turn onto Cherry Lane or Redbud Lane to access the
property. He said all access will be
through Howell. He said Maypink Lane
was the third access and that was added later at the Board’s suggestion.
Mr.
Miskovich said when doing the traffic impact study they dealt with two access
points. He said Maypink was not
included. He explained the two access
points will be through Pine Needle. He
said there would have been very little traffic going onto Maypink.
Chairman
Braun said most importantly the traffic study did not include Maypink
Lane. He said it was added after the
fact by this Board.
Mr.
Miskovich said using Maypink as an emergency access makes sense. There is really no difference how people
come in and out of the site with or without Maypink.
Chairman
Braun asked if RSIS standards were taken into consideration. Mr. Miskovich said all
January
27, 2003 Page
7
the
streets are 36’ wide. RSIS requires
28’. He said the streets are wider than
required. There will be parking on both
sides of the street. There will be no
cul de sacs. He said the existing
streets in Howell are 30’ curb to curb.
Pine Needle is 30’ wide and Poplar is 36’ wide. He said this is well within RSIS
standards.
Mr.
Miskovich explained RSIS sets a maximum volume of 1,500 cars per day on a 30’
wide street. He said the traffic study
indicates an average of 1,200 – 1,300 cars per day. He said that falls within RSIS standards.
Chairman
Braun asked when did the RSIS standards come out. Mr. Miskovich said January 1997.
Attorney
Shimanowitz asked Mr. Miskovich to explain what the emergency access will look
like. Mr. Miskovich said the proposal
is to close off Maypink. Mr. Miskovich
said the emergency access will be provided with grass pavers. He said the pavers will look like
grass. They will be strong enough to
support the weight of an emergency vehicle.
The area will be landscaped.
Chairman
Braun asked if there will be any special curbing. Attorney Shimanowitz said they are not planning any but they are flexible. He said they would welcome the comments of
the engineer, planner, EMS and however the Board thinks it should be
configured.
Captain
Morris suggested the developer schedule a meeting with all emergency
services. Attorney Shimanowitz agreed.
Chairman
Braun asked if there would be a problem with the drainage basin. Attorney Shimanowitz said his client was out
at the site and there was nothing unusual with the basin.
The
application was open to the public.
Larry
Diamond, 146 Pine Needle Lane, Howell, was sworn. Mr. Diamond said the community would be a gated community. He asked if something happens on Pine Needle
between Cherry and Poplar would the residents of Howell be able to access the
emergency site to get out. Mr. Miskovich
said that connection is there for emergency purposes.
Mr.
Diamond asked what happens if there is a problem. Mr. Miskovich said you can go through our development.
Mr.
Diamond asked if the 177 houses in Howell Properties development and the 84 families
living in the adjacent properties all be able to get out that emergency
access. Mr. Miskovich said sure there
would be no difference than if it were a permanent access.
Mr.
Diamond said the Wall Township development is going to use two streets that go
to Pine Needle. Mr. Miskovich said the
only difference in what was presented originally and now is the connection to
Maypink Lane. He said Maypink would
just provide another access. Nothing
else has changed.
January
27, 2003 Page
8
Mr.
Diamond said with cars parked on both sides of Pine Needle the road is only
wide enough for one car to pass.
Mr.
Diamond said the traffic study was done in 1997. He asked for an updated study.
Allen
Young, 150 Pine Needle, was sworn. Mr.
Young said he was concerned about the traffic.
He said opening Maypink will diminish some of the traffic on our
street. He said there will be an
accident. He said this additional
street may diminish that.
Jim
Burgess, 153 Pine Needle Street, was sworn.
Mr. Burgess said the number of vehicles going in and out is based on
averages. He said to get an average you
have to have more and less. Mr. Burgess
said even though this is 55+ they are still working. He said they can have two kids.
He said you are going to be at the high side of that average. He said you are going to have more than the
1,200 – 1,300 cars. He said there is
going to be a lot of traffic. He said
most of the traffic will be from 6:00 – 8:00 A.M. and 6:00 – 8:00 P.M. He said Pine Needle has a curve in the
road. He said you cannot see what is
coming in the opposite direction. He
said he disagrees that people would not use Maypink. He said it does not make sense to close Maypink.
Mr.
Burgess said he also has concerns about drainage. He said the basin holds water.
There are kids back there on the ice.
The
application was closed to the public.
Deputy
Mayor Thomson made a motion to approve the amended application to allow the
closing of Maypink. Maypink is to be
used only as an emergency access. The
applicant must meet with the Wall Township Police Department and emergency
services to review and approve any conditions they would want placed
there. The applicant must revise the
plans. Committeeman Brosnan seconded
the motion, which was unanimously approved by a roll call vote. (Messrs Thomson, Brosnan, Farrell, Luttman,
Morris, Rible, Tobia, Ms. Wilson and Mr. Braun voted yes.)
REVIEW AND RECOMMEND:
A. Ordinance No. 2-2003 – Professional
Escrow Fees.
Ms.
Bergailo explained this ordinance pertains to amending the escrow fees. She said all fees have been raised.
Mr.
Rible moved to recommend to the Township Committee that Ordinance No. 2-2003 be
adopted. Mr. Farrell seconded the
motion, which was unanimously approved by a roll call vote. (Messrs Rible, Farrell, Brosnan, Luttman,
Morris, Tobia, Thomson, Ms. Wilson and Mr. Braun voted yes.)
B. Ordinance No. 3-2003 – Amendment to
NAICS Code
Ms.
Bergailo said this ordinance adds to the HB zone the offices of physical,
occupational, speech
January
27, 2003 Page
9
therapists
and audiologists.
Mr.
Rible moved to recommend to the Township Committee that Ordinance No. 3-2003 be
adopted. Mr. Luttman seconded the
motion, which was unanimously approved by a roll call vote. (Messrs Rible, Luttman, Brosnan, Farrell,
Morris, Tobia, Thomson, Ms. Wilson and Mr. Braun voted yes.)
C. Ordinance No. 4-2003 – Amendment to Land
Use Regulations
Ms.
Bergailo explained this ordinance changes the height requirement from 50’ to
60’. No building will have more than
three (3) stories for residential purposes.
It adds further restriction to off street parking regulations. OR-2, OR-5 and OR-10 zones state building
height may be up to 80’ and must be 500’ from public roads.
Mr.
Rible moved to recommend to the Township Committee that Ordinance No. 4-2003 be
adopted. Mr. Farrell seconded the
motion, which was unanimously approved by a roll call vote. (Messrs Rible, Farrell, Brosnan, Luttman,
Morris, Tobia, Thomson, Ms. Wilson and Mr. Braun voted yes.
There
being no further business to come before the Board, a motion was made, seconded
and unanimously approved to adjourn the meeting at 10:08 P.M.
Respectfully
submitted,
Betty
Schinestuhl
Recording
Secretary