MINUTES -
REGULAR MEETING
MUNICIPAL
MEETING ROOM
FEBRUARY 4,
2002
Chairman
Braun called to order the regular meeting of the Wall Township Planning Board
at 7:35 P.M. Members present were
Braun, Tobia, Devlin, Morris, Giardina, Kean, Farrell, Wilson, Rible, Attorney
Rubino, Engineer Gerken, Special Planner Maczuga, Planning Board Secretary D’Andrea, Recording Secretary Betty
Schinestuhl and Court Reporter Lofreddo.
Chairman
Braun announced the meeting was being held in accordance with the “Sunshine
Law” and a resolution adopted on January 7, 2002.
Chairman
Braun announced Atlantic Access will be carried to April 8, 2002 at the
applicant’s request. The applicant must
renotice. The first matter on for this
evening is WaWa.
WAWA – PB#45-2001 – Block
912, Lot 4.01, 1310 Highway 34, HB-200 Zone.
Applicant
seeks a technical subdivision of lot 4.01 into two lots.
Thomas
Cermack, Jr. Esq. appeared for the applicant.
Attorney
Rubino reviewed the file and stated the Board had jurisdiction.
Entered
into evidence:
A-1 Map prepared by Kenderian Zilinski Associates dated September
13, 2002 last revised November 9, 2001
A-2 Packet containing a number of items
pertaining to application
PB-1 Review letter from Bay Pointe Engineering dated
January 28, 2002
PB-2 Review letter from John Maczuga, Bay Pointe
Engineering, dated January 25, 2002
Sworn
by Reporter Lofreddo: Glenn
Gerken, Board Engineer
John
Maczuga, Special Planner
Ken
Muller
Rich
Kenderian
Mr.
Muller said they will meet criteria “a” in Mr. Maczuga’s letter. He said they do not plan on changing the
plans. He also said they understand
criteria “c” and criteria “d” .
Mr.
Kenderian said they are following through with what they originally
submitted. Lot 4.03 is 5l.89
acres. Lot 4.02 is 16.039 acres. He said they are changing nothing. They are
placing a lot line. He said they
applied to County and State for subdivision application. The plan remains in tack.
Chairman
Braun asked about the easements. Mr.
Kenderian said the paper work has been drawn up. All documents have been submitted.
February
4, 2002 Page
2
Attorney
Rubino asked if Mr. Kenderian understood about granting an easement. Mr. Kenderian said he understood.
Mr.
Giardina moved to approve the application.
The applicant will comply with the review letters of the Board
Professionals. The applicant must grant
easement after subdivision is complete.
Mr. Devlin seconded the motion which was approved by a roll-call
vote. (Messrs. Giardina, Devlin,
Morris, Farrell, Kean, Ms. Wilson, Messrs. Rible and Braun voted yes. Mr. Tobia voted no.)
FRANK J. DODD – PB#1-2002 - Block 876, Lot 14, R-30
Zone. Applicant seeks an extension of
time within which to perfect his Minor Subdivision. Approval of Minor Subdivision adopted by Resolution dated June
25, 2001.
Timothy
B. Middleton, Esq. appeared for the applicant.
Attorney
Middleton said the applicant is asking for an extension of time. He gave an overview. He said it was a minor subdivision with a
flag lot. He said the biggest issue was
the right-of-way leading to Ramshorn Drive back to the property in the
rear. He said they are waiting for an
LOI. It was submitted three – four
months ago. He said they need an
extension to get the LOI. He said he
does not think they will need the total of 180 days. Attorney Rubino said the extension is for 190 days. Attorney Middleton said everything else has
been taken care of.
Entered
into evidence:
A-1 Jurisdictional Items
A-2 Map prepared by Leon S. Avakian dated July
24, 2000 last revised December 3, 2001
A-3 Resolution of approval dated June 25, 2001
PB-1 Resolution Compliance latter from Bay Pointe
Engineering dated January 31, 2002
The
application was opened to the public.
Chuck
Nickerson, 2519 River Road, was sworn.
He said he owns the lot adjacent to the Dodd property. He asked if the site was considered
wetlands. Attorney Middleton said no,
wetlands is decided by the soil, plant life, etc. The pond is not considered wetlands.
Mr.
Nickerson said the birds, bald eagles, turtles would beg to differ. He feels it is wetlands. He said he hired an engineer three years ago
and he said the property to the north was governed by CAFRA. Attorney Rubino said wetlands are the state’s
area. He said as part of approval the
applicant has to go to the state to see whether there is wetlands or not.
Mr.
Nickerson said he would like the Board to walk this property. He said the Board granted this subdivision
without CAFRA approval. Attorney Rubino
explained that the Board has to hear the application first, then the state
denies it or approves it. If the state
denies it the application stops because the Board’s conditions have not been
met.
Chairman
Braun said the Board cannot determine what wetlands are. Mr. Nickerson said he has
February
4, 2002 Page
3
been
before the Planning Board before.
Chairman Braun said he does not remember Mr. Nickerson. Mr. Devlin said Mr. Nickerson was at a
Township Committee meeting.
Chairman
Braun said the Board was happy there would be only one home built. The Board thought it was a very good minor
subdivision. He said the issue here
this evening is whether we grant an extension of time.
Mr.
Devlin explained that Mr. Nickerson was at the Township Committee meeting
regarding Ordinance No. 43-2001. He
said that ordinance was to change the zoning.
He explained that is not what is being done here this evening.
Attorney
Middleton said this is a 5 acre piece.
Two lots were created pending condition of approval. He explained before the Board can sign a
subdivision map the applicant must get a letter from DEP saying there is no
wetlands on the property. He explained
CAFRA only gets involved if the building is within 150’ of the water. He said the new home is not within the
150’. He said they have not received a
reply from DEP.
Chairman
Braun explained after the minor subdivision there was a discussion with the
neighbors regarding a major subdivision.
He said the Board was not in favor of that. He said none of this is before the Board this evening.
Mr.
Nickerson said he is concerned because CAFRA is not involved. Chairman Braun said the Board is looking for
a report from DEP as to wetlands.
Mr.
Nickerson said he is not opposed to this subdivision. He is concerned in six months another minor subdivision will be
applied for.
Mr.
Nickerson said he is concerned about CAFRA not being involved. He said he was told there was wetlands to
the north and west.
Cathy
Nickerson, was sworn. Mrs. Nickerson
asked why does Mr. Dodd need an extension.
Attorney Rubino explained the Board granted an approval with resolution
dated June 25, 2001. The applicant has
190 days from that date to perfect the subdivision. He said before the Board is authorized to sign any documents all
conditions have to be met. In this case
no LOI has been received. He said the
applicant has a right to come back to the Board and ask for an extension. The Board will vote on that tonight.
The
application was closed.
Mr.
Giardina moved to approve the extension of time of 190 days subject to the
applicant complying with review letters of the Board Professionals. The applicant must comply with testimony
given this evening and the prior resolution.
Mr. Kean seconded the motion, which was unanimously approved by a roll
call vote. (Messrs. Giardina, Kean,
Devlin, Morris, Farrell, Ms. Wilson, Messrs. Rible, Tobia and Braun voted yes.)
February
4, 2002 Page
4
ORDINANCE
NO. 3-2002 – Amending
and Supplementing Land Use and Development Regulations Pertaining to Corner
Lots, Uses in the HB-40 Zone, Buffer Requirements and Checklists.
Mr.
Maczuga explained the ordinance. He
said the ordinance contains four issues.
The ordinance will add a minimum lot size requirement for corner lots in
certain specified zones. The ordinance
will allow and extend a list of permitted uses in the HB40 zone. It will also screen above ground
utilities. The ordinance will contain
checklists used to determine the completeness of applications.
Mr.
Kean made a motion to recommend to the Township Committee that they adopt
Ordinance No. 3-2002. Mr. Giardina
seconded the motion, which was unanimously approved by a roll call vote. (Messrs. Kean, Giardina, Morris,
Farrell, Ms. Wilson, Messrs. Rible,
Tobia and Braun voted yes.)
ORDINANCE
NO. 4-2002 – Amending
the Zoning May of the Township of Wall.
Mr.
Maczuga explained the ordinance. Mr.
Maczuga explained item (b) was an oversight.
It is just a clarification.
Items (c), (d) and (e) were NB before, they were changed to R-10 and now
they are being zoned back to NB. They
are putting it back the way it was and should be. Item (f) has to do with Belmar Boulevard. The applicant requested it be zoned
GI-2. All the property around is
GI-2. Item (g) is the area on the North
side of Highway 138. This property is
approximately 12 acres. The only concern
is that this property has access to Hurley Pond Road.
Mr.
Tobia said if this is rezoned it will be OP-2.
He said if the it is not rezoned they can build two homes vs. what could
happen in an OP-2 zone. He said
rezoning this would present problems.
He said he is not in favor of making this change.
Mr.
Maczuga said if the property would access only Highway 138 he would not have a
problem. Chairman Braun said his
concern is that DOT will tell them they can use Hurley Pond Road. DOT overrides the Planning Board.
Mr.
Maczuga explained Item (h) is the property west of Highway 34 on Allenwood
Road. This property is split
zoned. This makes it consistent with
the remainder of the lot. Mr. Gerken
said the property is split in two zones.
It is only a very small portion, maybe a half a lot.
Mr.
Maczuga explained Item (a). Mr. Maczuga
said this is an approved subdivision.
It is Dr. Sica’s property. He
said it is an existing condition.
Chairman
Braun said he is concerned with Item (g).
Chairman Braun said the Board can make the recommendation to adopt
Ordinance No. 4-2002 with the exception of Item (g). Attorney Rubino said the Board can write a letter approving
everything except Item (g).
Mr.
Giardina made a motion to recommend to the Township Committee that they adopt
February
4, 2002 Page
5
Ordinance
No. 4-2002 with the exception of Item (g).
Mr. Farrell seconded the motion, which was unanimously approved by a
roll call vote. (Messrs. Giardina,
Farrell, Kean, Morris, Ms. Wilson, Messrs. Rible, Tobia and Braun voted
yes.
RESOLUTIONS
TO BE MEMORIALIZED:
Attorney
Rubino read the resolution of approval.
Mr. Giardina moved to adopt the resolution as read. Mr. Devlin seconded the motion, which was
unanimously approved by a roll call vote.
(Messrs. Giardina, Devlin, Morris, Kean, Ms. Wilson, Messrs. Rible,
Tobia and Braun voted yes.)
Attorney
Rubino read the resolution of approval.
Mr. Tobia moved to adopt the resolution as read. Mr. Giardina seconded the motion, which was
unanimously approved by a roll call vote.
(Messrs. Tobia, Giardina, Devlin, Kean, Ms. Wilson, Messrs. Rible and
Braun voted yes.)
Chairman
Braun announced the meeting of February 25 has two applications. He suggested the Board go and visit the
Weichert site. Regarding Christopher
Stevens, he said the Board will go for as long they are comfortable. Captain Morris asked if the Board received
the traffic reports yet. Mrs. D’Andrea
said yes.
There
being no further business to come before the Board, a motion was made, seconded
and unanimously approved to adjourn the meeting at 9:55 P.M.
Respectfully
submitted,
Betty
Schinestuhl
Recording
Secretary