WALL TOWNSHIP PLANNING BOARD MINUTES
REGULAR MEETING
MUNICIPAL MEETING ROOM - JANUARY 28, 2002
Chairman Braun called to
order the regular meeting of the Wall Township Planning Board at 7:38 P.M. Members present were Braun, Tobia, Thomson,
Devlin, Morris, Giardina, Capone, Farrell, Wilson, Rible, Attorney Rubino,
Engineer Gerken, Cheryl Bergailo, Board Secretary D’Andrea, Recording Secretary
Schinestuhl and 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 said the
Jerald Development PB#35-2001 will be on this evening. The Jerald Development PB#4-2001, Old Mill
Road, will be carried. They must
renotice. It has not been
rescheduled. He said there are a number
of changes on this application.
NEW APPLICATION
CHRIS MISTRETTA - PB#40-2001 - Block 79, Lots 1 and 2, 1400 Marconi
Road, R-20 Zone. Date Application
Deemed Complete: October 24, 2001.
Applicant seeks to subdivide the property which has been merged. Minor subdivision with variance.
Dennis Collins, Esq. appeared
for the applicant.
Entered into evidence:
A-1 Jurisdictional Items
A-2 Map prepared by Charles Widdis Associates dated January 23,
2001, revised October 19,
2001
A-3 Colored Rendering
A-4 Plan showing minor subdivision on Belmar Boulevard
PB-1 Review letter from Bay Pointe Engineering, Inc. dated January 21,
2002
PB-2 Review letter from John Hoffmann, Board Planner, dated January
17, 2002
PB-3 Monmouth County Planning Board letter dated January 14, 2002
Sworn by Reporter Arnone: Glenn Gerken, Board Engineer
Cheryl
Bergailo
Charles
Widdis, P.E.
Chris
Mistretta
Mr. Widdis gave his
qualifications, which were accepted by the Board.
Mr. Widdis described the
property. He said this is an
application for a minor subdivision located
January 28, 2002 Page
3
on Belmar Boulevard and
Marconi Road. He said sidewalks will be
installed along Marconi Road. He said
curbing will extend to Belmar Boulevard.
He said the application proposed
on Belmar Boulevard and
Marconi Road. He said sidewalks will be
installed along Marconi Road. He said
curbing will extend to Belmar Boulevard.
He said the application proposed
tonight requires a variance. He said the lot widths are 98.7’ and 97.0’
where 100’ is required. They will front
on Marconi Road. He said there is a
turn-a-round driveway so they will not back out onto Marconi Road. Mr. Widdis reviewed the reports from Mr.
Gerken. He said the only concern they
had was the proposed grading. He said
the storm water runs off toward Marconi
Road. They will correct the run off to
Belmar Boulevard. They will install dry
wells. He said they will modify the
grading. He said they will comply with
Mr. Gerken’s letter.
Chairman Braun said in Mr.
Gerken’s letter he notes the applicant is proposing deeds of easement, road
widening easements. Attorney Collins
said they have received approval from Monmouth County Planning Board on this.
Mr. Giardina said Captain
Morris has some concerns regarding where the driveway is located on the
corner. He is concerned about cars
parking there and not being able to see down Belmar Boulevard. Chairman Braun asked if the driveway was
going to be in the site triangle.
Attorney Collins said no.
Captain Morris said anything in that driveway will obscure the view.
The application was opened to
the public.
Robert Howd, Lot 21, was
sworn. He said he is the most effected
by this subdivision. He said everything
looks good on paper. He has lived in
his home for 30 years. He said lot 1
was a lake. He said he had problems
with water on his property. He put in a
small 4” drain out to Belmar Boulevard.
He said it has been fine so far.
He said he is concerned about the water. He said he is not sure about the underground drainage. He said they last 5 - 10 years at the
most. He said then they clog then they
don’t work. He asked if the water could
be drained out to Marconi Road.
Attorney Collins said the Township engineer asked for the dry
wells. He said the grading will make
the dry wells work. Mr. Gerken said a
swale would be needed to get the water out of Belmar Boulevard. He said if there was some former drainage to
hook into he would have no problem with that.
Attorney Collins said the County wants them to investigate that. He said if they can they will do that. Mr. Gerken said water run off should be no
problem.
Mr. Howd asked if the wooded
area next to his property would be left alone.
He asked if they were going to put in a berm next to his property. Attorney Collins said approximately 60’ -
70’ of woods will remain. The smallest
area would be 20’. He said they are not
going to touch the wooded area.
Mr. Howd said they all have
sump pumps. Attorney Rubino said the
Township now allows the Board to look at drainage on minor subdivisions. He said the Board was not allowed to do that
before. He said Mr. Gerken’s office
will look into this.
Mr. Tobia said that the
future owner of the property can clear the wooded area that you said
January 28, 2002 Page
3
would be left
undisturbed. Attorney Rubino said they
can make that a condition of the resolution.
Attorney Collins suggested making it a condition that if they are going
to disturb it they must clear it with the Township Engineer’s office. Mr. Giardina said he prefers that the wooded
area not be disturbed. Attorney Rubino
said they would make it a condition if they ever wanted to disturb that area
they would have to come to the engineer.
This condition would go with the land.
If there is a change in tree line the owners would have to submit a
grading plan to our engineer’s office.
The application was closed.
Mr. Giardina moved to approve
the application subject to the payment of taxes and applicable
assessments. The applicant is to secure
approvals from Monmouth County Planning Board and Monmouth County Board of
Health. The applicant will comply with
the review letters of the Board Professionals.
The applicant will secure a Wall Township road opening permit. The applicant must secure a tree removal
permit. No access on Belmar
Boulevard. Site triangle on March Road
shall be constructed so not to interfere with the proper usage. Site must be ADA approved. Revise grading and drainage plans. Any change in the tree line must have a plan
submitted to the engineer for his approval.
Mr. Thomson seconded the motion, which was unanimously approved by a
roll call vote. (Messrs. Giardina,
Thomson, Devlin, Morris, Farrell, Capone, Ms. Wilson, Messrs. Rible, Tobia and
Braun voted yes.)
Attorney Rubino left the
meeting. Attorney Accisano joined the
meeeting.
Mr. Tobia stepped down.
JERALD DEVELOPMENT GROUP -
PB#35-2001 - Block 270, Lots 10 &
83, R-60 zone. Application deemed complete
September 10, 2001. Applicant seeks to
create ten (10) single family dwelling lots, (9) nine new homes and (1) one
existing. Major subdivision with
variance.
Timothy B. Middleton, Esq.
appeared for the applicant.
Entered into evidence:
A-1 Jurisdictional Items
PB-1 Review letter from John Maczuga, Bay Pointe Engineering, dated
October 8, 2001
PB-2 Review letter from Bay Pointe Engineering
PB-3 Review letter from John Maczuga, Bay Pointe Engineering, dated
November 2, 2001
PB-4 Wall Township Police Department letter dated April 5, 2001
PB-5 Wall Township Fire Prevention letter dated October 5, 2001
PB-6 Review letter from Bay Pointe Engineering dated January 21, 2002
PB-7 Review letter from John Maczuga, Bay Pointe Engineering, dated
January 18, 2002
PB-8 Wall Township Fire Prevention letter dated January 18, 2002
PB-9 Monmouth County Board of Health letter dated November 16, 2001
January 28, 2002 Page
4
A-2 Map prepared by J.V. Morgan Engineering dated August 3, 2002
last revised October 25, 2001
A-3 EIS report dated August 2001 prepared by John Vincenti
A-4 Construction
Specification prepared by John Vincenti dated August 2001 revised October 20,
2001
A-5 Drainage report dated October 2001 prepared by John Vincenti
A-6 20’ drainage easement description prepared by Danny Barker
dated August 1, 2001
A-7 10’ drainage easement description prepared by Danny Barker
dated May 15, 2001
A-8 Rendering of subdivision landscape plan sheet 5
A-9 Copy of landscaping plan dated January 2, 2002 prepared by John
Vincenti
A-10 Photo - front of property showing trees on Wall Church Road
A-11 Photo - front of property showing trees on Wall Church Road
A-12 Photo - front of property showing trees on Wall Church Road
A-13 Photo - front of property showing trees on Wall Church Road
A-14 Photo - front of property showing trees on Wall Church Road
Mr. Thomson recused himself.
Attorney Middleton said there
is a pool in the front area of proposed lot 10.02. The creation of a road put the pool in the front yard. The applicant will put in a heavy buffer in
that area. The applicant has agreed to
install sidewalks. There are red cedar
trees in the front. The applicant would
like to keep the trees. The sidewalks
will be on the inside of the tree line.
Attorney Middleton said they tested the property. There was a trace of pesticide.
Sworn by Reporter Arnone: Cheryl Bergailo
Doug
Harms
Mr. Vincenti, already sworn,
said this subdivision will have 11 new homes.
He said the roadway has been increased to 30’.
Chairman Braun asked if the
applicant agrees there will be parking only on one side. Mr. Vincenti said yes it will be on the
easterly side. Mr. Vincenti said they
will install curved curbing. Mr.
Vincenti explained what curved curbing was.
Captain Morris asked if there
would be parking on the cul de sac. Mr.
Vincenti said no. Mr. Vincenti said
there will be curbing on both sides. He
said they are asking to be able to place the sidewalks behind the trees. He said they want to save the trees.
Captain Morris said the trees
are too close to the intersection. Mr.
Vincenti said the trees are already there.
They are street shade trees. Mr.
Morris said if they are too close to Wall Church Road they will obstruct the
view.
Mr. Vincenti said they will
add additional buffering to lot 10.02.
The basketball court will be removed.
The white pines will be removed.
He said the blue spruces will cut down on the view
January 28, 2002 Page
5
of the pool. The existing patio has a number of trees
buffering it and they will remain. 14
white pines will be planted. Chairman
Braun said they generally try to mix the white pines. Mr. Vincenti said the driveway will come off the new
roadway. He said they will comply with
Fire Prevention review letter.
Chairman Braun said the Board
had a concern regarding the missing house.
Mr. Vincenti said that is an oversized lot. I has a drainage swale.
He said they are going to deed that in a form of an easement. He said they would like to keep that lot. He said it is a conforming lot.
Attorney Accisano asked what
was the number of the lot being discussed.
Mr. Vincenti said 10.01.
Mr. Gerken asked about the
maintenance of the signs. He said if
they are going to be permitted they are in the ROW. He asked who will take care of these signs. Attorney Middleton said the applicant will
have a deed filed and lot 10.01 will be responsible.
Attorney Middleton said they
will comply with all review letters. He
said they will meet all conditions.
Captain Morris said he is
concerned about the obstruction at the intersection. Attorney Middleton said the applicant will agree to make sure
that the trees are outside the site triangle.
He said anything that is there now will be removed.
Mr. Devlin asked how far will
the trees be from the intersection. Mr.
Vincenti said about 50’. He said
approximately 15’ into the site from the pavement. He said they are 20’ beyond the site triangle. Mr. Gerken said to plant the trees back
another half space. Attorney Middleton
said they agree with that.
Attorney Middleton said there
is a neighbor that lives on the other side of the pond. The rear of this property backs up to the
pond. This site has no property on the
lake. Attorney Middleton said Mr.
Defino asked the applicant to put up a fence along the easterly property line
on lots 10.04 and 83.06. We have
agreed. It will be a 4’, black, chain
link fence.
Attorney Middleton said the
applicant hired Brinkerhoff to evaluate the property.
Mr. Harms gave his
qualifications, which were accepted by the Board.
Mr. Harms said they conducted
a pesticide investigation. They took
six soil borings. He said one sample
approximately every two acres. They
were tested for pesticide and lead.
Everything
was below NJDEP soil
standards with the exception of one.
One sample was slightly over the standards. He said they will do soil blending. It takes the clean soil and mix it with the contaminated soil
during the development of the property.
It then lowers all readings.
Chairman Braun asked where
the samples were taken from. Mr. Harms
they were randomly
January 28, 2002 Page
6
scattered over the site. He said you take the samples 0’ - 6’
deep.
Mr. Devlin asked why every
lot was not tested. Mr. Harms said you
test the soil randomly. Mr. Devlin
asked if three things were tested for.
Mr. Harms said yes. Mr. Devlin
asked which one was over the standards.
Mr. Harms said dieleria.
Chairman Braun asked if that was something that is being used
today. Mr. Harms said it is no longer
being used. It is a type of pesticide.
Chairman Braun said after the
soil blending is done is there a process to retest. Attorney Middleton said they would retest the soil.
Attorney Accisano asked if
they were going to import soil.
Attorney Middleton said no you use what is on site. Mr. Harms said this is not a high level
contamination.
Attorney Accisano asked about
the new owners putting in a pool. Mr.
Harms said the deeper you go the cleaner the soil is. He said the soil below is clean.
Attorney Accisano asked about
a sprinkler system. Mr. Harms said
after the blending is done everything is reduced. All the soil becomes below standards.
Mr. Devlin asked if this
would always be there. Mr. Harms said
if nothing was done it would be there for a long time.
Attorney Middleton said this
has been done many times. He asked Mr.
Harms how does this process rank. Mr.
Harms said this is a very low level. He
said much higher levels have been found and corrected. He said this is marginal.
Chairman Braun asked where
the hot spot was located. Mr. Harms.
said in section one.
Mr. Gerken asked for reports
on this process.
Mr. Devlin asked for a report
after the soil was retested. Attorney
Middleton agreed.
Captain Morris asked if the
applicant contacted the current farmer.
Mr. Harms said no.
Mr. Giardina asked if, after
you clean this up people put on more pesticide, would that have any
effect. Mr. Harms said not now.
Chairman Braun said the Board
appreciates the applicant cleaning up the site being it is not being
required by the NJDEP.
Entered into evidence:
A-15 Map of soil borings
January 28, 2002 Page
7
Attorney Middleton said after
they blend and retest they will submit a report.
The application was opened to
the public.
Mr. Vonsuskil, 1701 Wall
Church Road, said his house is to the
south of Wall Church Road. He said the
trees are very mature and high. He said
the electric lines are right next to them.
He asked about the buffering between his house and the new houses. He said the new owner may make the property
an eyesore. He said he would prefer
evergreens. Mr. Vincenti said there is
a berm that runs across. It is 3’
deep. He said the ground level is lower
than the berm and will be a natural buffer.
Chairman Braun said his
concern is that these trees be maintained.
The application was closed.
Mr. Giardina moved to approve
the application subject to the payment of taxes and applicable
assessments. The applicant is to secure
approvals from Freehold Soil Conservation District, Monmouth County Planning
Board and Monmouth County Board of Health.
The applicant will apply for a tree removal permit and road opening
permit. The applicant will post
performance guarantees. The applicant
will comply with the review letters of the Board Professionals. Comply with ADA regulations. Speed limit to be placed at 25 MPH. Remove old driveway and tennis court. Widening of roadway to 30’ with parking on
west side only. No parking on cul de
sac. Plantings not to obstruct
intersection. Fence to be placed across
lot 83.06 and 10.04. Soil blending
retesting and reports to be submitted to Board Professional. Entrance signs be landscaped and
maintained. File deed. Chairman Braun added modify plantings to mix
white pines and soils to be cleaned up to standards. Mr. Devlin seconded the motion, which was unanimously approved by
a roll call vote. (Messrs Giardina,
Devlin, Morris, Farrell, Capone and Braun voted yes.)
9:25 PM Mr. Tobia returned to
the meeting.
Mr. Accisano left the
meeting. Mr. Devlin left the meeting.
RESOLUTION TO BE
MEMORIALIZED
Chairman Braun read the
resolution. Mr. Tobia moved to adopt
the resolution as read. Captain Morris
seconded the motion, which was unanimously approved by a roll call vote. (Messrs. Morris, Capone, Tobia and Braun
voted yes.)
Chairman Braun said this
resolution was prepared by Attorney Hirsch.
There being no further
business to come before the Board a motion was made, seconded and
January 28, 2002 Page
8
unanimously approved to
adjourn the meeting at 9:30 P.M.
Respectfully
submitted,
Betty
Schinestuhl
Recording
Secretary