WALL TOWNSHIP PLANNING BOARD

MINUTES - REGULAR MEETING

MUNICIPAL MEETING ROOM

MARCH 31, 2003

Chairman Braun called to order the regular meeting of the Wall Township Planning Board at 7:30 P.M. Members present were Braun, Tobia, Thomson, Brosnan, Morris, Wilson, Luttman, Rible, Attorney Rubino, Engineer Gerken, Planner Bergailo, 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 applications will be heard in the following order, Faktor, Terra and Kipling Woods.

NEW APPLICATIONS

Chairman Braun stepped down on the Faktor application. Vice Chairman Tobia stood in for Chairman Braun.

MAJOR MITCHELL JOSEPH FAKTOR – PB#3-2003 – 2530 River Road, Block 877, Lots 17 & 18, R-30 zone. Date application deemed complete: January 15, 2003. Minor subdivision with variances.

Attorney Rubino reviewed the file and stated the Board had jurisdiction to proceed.

Timothy B. Middleton, Esq. appeared for the applicant.

Entered into evidence:

A-1 Jurisdictional Items

A-2 Minor subdivision plan prepared by Paul K. Lynch dated November 20, 2002

A-3 Monmouth County Board of Health review letter dated January 23, 2003

PB-1 Review letter from John Hoffmann, Planner, dated March 4, 2003

PB-3 Review letter from Glenn Gerken, Schoor DePalma, dated March 24, 2003

Attorney Middleton, Esq. appeared for the applicant.

Attorney Middleton explained the property is located on River Road. There are two separate lots. Lot 18 has a house on it. Lot 17 is located to the east and is vacant. Mr. Faktor purchased lot 18 in 1996 and lot 17 in 1999. The lots are long. Lot 18 and lot 17 are both 150’ wide. The

March 31, 2003 Page 2

lots are located in the R-30 zone. The applicant would like to do two things. First he would like to move the lot line on lot 18 25’ to the east. At the rear of lot 17 he would like to create a new lot line to the south of the existing lot line to give lot 18 an L-shape. Lot 18 has an existing variance for side yard setback. The L-shaped proposal does not require a variance. The applicant will plant Norway spruce or some other evergreen along the 25’. That would buffer the lot. He will deed restrict the L-shape portion so no structure can be built on it. Lot 17.01 would be protected by the buffer. The owner of lot 17.01 would not be impacted by this. The applicant will create a conservation easement.

Deputy Mayor Thomson said you have two lots that are owned by the same person and they are conforming. If he wanted to sell one lot he could. You want to carve up one of the lots and add it to the other. Attorney Middleton said that is correct.

Deputy Mayor Thomson said the applicant is going to create an irregular lot line. Attorney Middleton said they are both conforming now and they will both be comforting afterwards. It is not an irregular lot line.

Sworn by Reporter Arnone: Major Mitchell Joseph Faktor

Mr. Faktor said he purchased lot 18 back in 1996. He said he lives in the house on lot 18. He purchased lot 17 in 1999. It was the neighborhood junk yard at that time. He has been cleaning it.

Attorney Middleton said you want to move the lot line on lot 18 25’ toward lot 17. Mr. Faktor said yes.

Attorney Middleton said then you want to transfer the remaining portion of lot 17 into lot 18. That will create an L-shaped lot. Mr. Faktor said yes.

Attorney Middleton said you would agree to plant a row of evergreens along the rear of lot 17. Mr. Faktor said yes. He said he has already planted several trees back there. He wants to keep it the way it is. There will be no building on that lot. The east property line abuts my neighbor. The buffer would increase the privacy of the future owner of the rear lot.

Attorney Middleton said you would agree to deed restrict that so no structure could be built on that lot. Mr. Faktor said sure.

Committeeman Brosnan asked if Mr. Faktor would object to a straight line dividing the lots since the township ordinance does not allow irregular lot lines. Mr. Faktor said if it has to be that way even though he would prefer the L-shaped lot.

Mr. Tobia said that ordinance is on the books for a reason. The Board does not look favorably on irregular lot lines.

Mr. Faktor said he was provided material from the Land Use Office regarding L-shaped lots about

March 31, 2003 Page 3

two years ago. He said they told him there should be no problem. Mr. Tobia said that may have been then but there has been a change in the ordinance. Deputy Mayor Thomson said the ordinance does exist.

Attorney Rubino said you would have a right to deed restrict that L-shape anyway. You could deed restrict it that the rear could not be used.

Attorney Middleton withdrew the application for the L-shaped lot.

The application was open and closed to the public.

Ms. Wilson made a motion to approve the application for minor subdivision subject to payment of taxes and applicable assessments. Monmouth County Planning Board and Monmouth County Board of Health approval. The applicant must comply with Board Professional letters. A grading plan must be submitted prior to zoning permit. The lot line must be extended to lot 12. The fence should be relocated. Variance for side yard setback is approved. Mr. Tobia added the map should be redrawn subject to Board Engineer approval. Deputy Mayor Thomson seconded the motion which was unanimously approved by a roll call vote. (Ms. Wilson, Messrs. Tobia, Brosnan, Luttman, Morris, Rible and Tobia voted yes.)

TERRA PROFESSIONAL PLAZA – PB#2-2003 – 1955 Highway 34, Building 1-A, Block 821, Lot 17, OP-2 zone. Date application deemed complete: January 20, 2003. Site

Attorney Rubino reviewed the file and stated the Board had jurisdiction to proceed.

Timothy B. Middleton, Esq. appeared for the applicant.

Entered into evidence:

A-1 Jurisdictional Items

A-2 Preliminary and Final Amended Site Plan prepared by Kenderian Zilinski last revised March 11, 2003

A-3 Technical Specifications prepared by Kenderian Zilinski dated May 24, 2002

A-4 Stormwater Management reported prepared by Kenderian Zilinski dated November 26, 2002

A-5 Monmouth County Board of Health letter dated January 17, 2003

A-6 Monmouth County Planning Board letter dated March 10, 2003

A-7 Colored rendering

A-8 Colored rendering

A-9 Black and White photo of existing barn

A-10 Photo of trash enclosure

A-11 Photo of trash enclosure

PB-1 Wall Township Police Department letter dated January 14, 2003

PB-2 Wall Township Fire Prevention letter dated January 21, 2003

March 31, 2003 Page 4

PB-3 Wall Township Environmental Advisory Committee letter dated January 22, 2003

PB-4 Review letter from Glenn Gerken, Schoor DePalma, dated February 5, 2003

PB-5 Review letter from Cheryl Bergailo and Elias Sarrinikolaou, Schoor DePalma, dated February 5, 2003

PB-6 Review letter from Glenn Gerken, Schoor DePalma, dated March 20, 2003

PB-7 Review letter from Cheryl Bergailo and Elias Sarrinikolaou, Schoor DePalma dated March 20, 2003

Attorney Middleton explained the application by Terra Professionals LLC owns the property on Route 34 and Allenwood Road. Richard Kenderian is a principal. The company purchased the property many years ago. The applicant is requesting approval to raze the existing building and erect a new building.

Sworn by Reporter Arnone: Richard Kenderian, Principal in Terra Professionals, LLC

Robert Yuro, Engineer

Glenn Gerken, Engineer

Cheryl Bergailo, Planner

Mr. Kenderian stated the company purchased this property several years ago for their engineering business plus other tenant space. He said they tried to improve the buildings. Mr. Kenderian, using A-9, stated they could not raze the building in the middle of the parking lot because there was a septic system and there was no where to put the septic field. The sewer system is on the way and being constructed now. We would like to finish our project. He said the building proposed is similar to the one we are in now. The building proposed will be a 3,910 s.f., two story office building. Mr. Kenderian said he would like to install false balconies, not only on the new building, but on the existing buildings as well. They will be an architectural feature only. There will not be accessibility from the interior of the buildings.

Mr. Tobia asked if there were any new variances required. Mr. Kenderian said no.

Mr. Tobia asked if they were reducing the side yard setback from 16’ to 18’ where 20’ is required. Mr. Kenderian said yes.

Mr. Kenderian said they are also proposing five parking stalls per 1,000 s.f. of office space. That is up from 4.5.

Mr. Kenderian said the trash enclosure has been designed to match the architectural design of the buildings. He would like them to remain in their current state. Mr. Tobia suggested enhancing the landscaping to buffer the trash enclosure from the residential properties to the rear of the site and the Sunoco station. Mr. Kenderian stated on the last site plan it shows additional landscaping.

Mr. Luttman asked about a loading zone. Mr. Kenderian said one is not needed. Deliveries will be made by UPS, FEDEX, etc. The delivery vans will be able to park in the parking stall. There

March 31, 2003 Page 5

is no need for a loading dock.

Captain Morris stated the applicant must apply for Subtitle 1 of Title 39. Attorney Middleton agreed.

The application was open and closed to the public.

Mr. Luttman moved to approve the application for site plan subject to payment of taxes and applicable assessments. The applicant shall comply with the requirements of Freehold Soil Conservation District, Monmouth County Planning Board and Monmouth County Board of Health. The applicant shall comply with Wall Township Affordable Housing Trust Fund and ADA requirements. The applicant shall comply with the review letters of the Board Professionals. The applicant shall comply with the review letter from Wall Township Police Department and Wall Township Fire Prevention. The applicant shall comply with the review letters from Monmouth County Board of Health and Wall Township Environmental Advisory Committee. The applicant shall submit application for Subtitle 1 of Title 39. The applicant shall install a Knox Box. The applicant shall enhance the buffer along the residential properties and the Sunoco. A pre-construction meeting shall be set up with Wall Township Police Department. There shall be no construction traffic on Allenwood Road. Variances are approved. No loading zone is required. Waivers are granted as requested. Ms. Wilson seconded the motion which was unanimously approved by a roll call vote. Mr. Tobia added that the trash enclosure buffering be enhanced. (Mr. Luttman, Ms. Wilson, Messrs. Brosnan, Morris, Rible, Thomson and Tobia voted yes.)

8:10 P.M. the Board recessed.

8:18 P.M. the meeting resumed.

Chairman Braun returned to the meeting.

KIPLING WOODS, LLC – PB#30-2002 – 1620 Marconi Road, Block 87, Lot 1 and Block 114, Lot 4, R-15 zone. Application deemed complete: September 6, 2002. Carried from January 13, 2003. Major

Attorney Rubino reviewed the file and stated the Board had jurisdiction to proceed.

Timothy B. Middleton, Esq. appeared for the applicant.

Entered into evidence:

A-1 Jurisdictional Items

A-2 Preliminary and Final Major Subdivision Plan prepared by Kenderian Zilinski last revised January 31, 2003

A-3 Technical Specifications prepared by Kenderian Zilinski dated July 31, 2002

A-4 Stormwater Management report prepared by Kenderian Zilinski dated July 25, 2002

March 31, 2003 Page 6

A-5 Submission Waiver request prepared by Kenderian Zilinski dated July 31, 2002

A-6 Monmouth County Board of Health letter dated September 12, 2002

A-7 EIS prepared by Kenderian Zilinski dated July 22, 2002

A-8 Freehold Soil Certification letter dated October 3, 2002

A-9 Stormwater Management report prepared by Kenderian Zilinski revised December 17, 2003

A-10 Stormwater Management report prepared by Kenderian Zilinski revised February 6, 2003

A-11 DEP letter stating development permit not required dated February 27, 2003

A-11 Letter from NJDEP – CAFRA permit application dated January 30, 2003

A-12 NJDEP letter responding to Jost’s request for a jurisdictional determination dated March 5, 2003

A-13 Colored Rendering

PB-1 Wall Township Bureau of Fire Prevention letter dated September 6, 2002

PB-2 Wall Township Police Department letter dated September 10, 2002

PB-3 Review letter from John Maczuga, Schoor DePalma, dated October 22, 2002

PB-4 Review letter from Cheryl Bergailo, Schoor DePalma, dated December 30, 2002

PB-5 Wall Township Environmental Advisory Committee letter dated December 18, 2002

PB-6 Review letter from Glenn Gerken, Schoor DePalma dated October 29, 2002

PB-7 Review letter from Glenn Gerken, Schoor DePalma dated January 8, 2003

PB-8 Review letter from Cheryl Bergailo, Schoor DePalma dated March 24, 2003

PB-9 Review letter from Glenn Gerken, Schoor DePalma dated March 26, 2003

Sworn by Reporter Arnone: Robert F. Yuro, Engineer

Barry Jost, Managing Partner

Glenn Gerken, Engineer

Cheryl Bergailo, Planner

Attorney Middleton explained this is an application for a major subdivision. The property is 105,000 s.f. It is an oversized lot. It is located at the corner of Marconi and North Marconi Roads. It is located in the R-15 zone. The property will be subdivided into four separate lots. Each lot will be 20,000+ s.f. All lots will be oversized. There is one house located on the property. The house has a driveway on Marconi Road and North Marconi Road. The house will not be touched. The three vacant lots will front along North Marconi Road. No variances are needed. The applicant will make improvements to North Marconi Road. The road will be re-milled and repaved from the intersection of Marconi Road to Shark River. The applicant is proposing a turn-around on lot 4.04. The applicant has received a letter from Board of Fire Commissions, Glendola, stating they have no concerns with the turn-around. Fire Prevention also has no problems.

Mr. Yuro stated the applicant is proposing a four lot major subdivision. The property is located at block 114, lot 4 and block 87, lot 1. It is at the intersection of Marconi and North Marconi Road. It runs in a northerly direction. It is located in the R-15 zone. It is a permitted use. The surrounding properties are residential. There is a 2800 s.f. home on the property with access on both Marconi and North Marconi Roads. The property is bound on the west and north by

March 31, 2003 Page 7

wetlands. There will be no work done or any disturbance on lot 1. A part of lot 1 is located in a tidal wetlands area of the Shark River. The new homes will face North Marconi Road. North Marconi Road is a dead end street.

Mr. Yuro then went over the proposed turnaround. He said creating a cul-de-sac would decimate the rear portion of one of the new lots. He said they came up with a turnaround that would be located on lot 4.04. There will be an easement around it. It will be signed “No Parking Turnaround Only”. It will look like a driveway. It will be used for emergency purposes only. All lots are conforming. They are 20,000+ s.f.

Mr. Yuro said an existing drainage line on the west side of North Marconi Road will be improved as part of the drainage system. An underground detention system will be on lots 4.04 and 4.02. The system will consist of a pipe in a stone trench which will discharge into the Shark River.

Attorney Middleton said the applicant will adhere to all the review letters from Board Professionals.

Attorney Middleton said the only item he would like to address is on page three of Mr. Gerken’s letter dated March 26, 2003. It concerns the disrepair at the north end of North Marconi Road. Mr. Yuro said they are looking to curb that edge. We would like to leave the rest because it goes into the river.

Mr. Gerken asked if the L-shaped portion would be like a paper right of way on North Marconi Road. Mr. Yuro said yes. Mr. Gerken stated the applicant must go to the Township Committee to vacate that portion of North Marconi Road.

The application was open to the public.

John Kuchinski, 1620 North Marconi Road, was sworn. Mr. Kuchinski said he lives directly across from this project. They are going to have to put in a sewer pipe and pump up the hill. My sewer pipe comes out of my house and goes up the road. He was concerned about damage to his pipes. Mr. Gerken said the force main goes around the street and up to the main house. He said even though they were not marked on the plan the applicant is aware of it. He said before they do any digging they have to call the mark-out number. Chairman Braun stated a pre-construction meeting is required where all those details will be discussed.

Mr. Yuro explained Mr. Kuchinski’s pipes run on our side. It came across for some reason. It will be shown on our plan. We will mark it out.

Mr. Kuchinski wanted to make sure no one would connect to his system. Chairman Braun said assured Mr. Kuchinski that no one would connect to his system.

Wayne Gronbergt, 1618 North Marconi Road, was sworn. Mr. Gronberg said he has concerned about drainage. He stated the applicant proposes to increase the height of North Marconi Road by 12 inches. He asked how is that going to affect the driveways. He asked if the height could be

March 31, 2003 Page 8

reduced. Mr. Yuro said where the headwall is now we are going to build a structure. It will be lowered and the grade will be raised. We are going to grade around that portion and build it up. Mr. Gronberg said 12”. Mr. Yuro said yes. It will not do anything to your property. Mr. Gronberg said he is very concerned about the height of that pipe and how it is going to impact the

driveways on my side. Mr. Gerken said we will make sure it does not affect anybody. Once we get a profile we will see if the rest of the pipes need to be lowered.

Mr. Gronberg submitted photos of the pipe.

WG-1 Photo of pipe

WG-2 Photo of pipe

Mr. Gronberg said he is very concerned about the water going into his driveway. Mr. Gerken said the applicant may have to go further up the hill and lower the pipes.

Chairman Braun said he is assuring Mr. Gronberg that it will be taken care of.

The application was closed to the public.

Attorney Middleton said we will take care of Mr. Gronberg’s concerns and we will notify him as to what is being done.

Mr. Rible moved to approve the application for Preliminary and Final Major Subdivision subject to payment of taxes and applicable assessments. The applicant shall comply with the requirements of Freehold Soil Conservation District, Monmouth County Planning Board and Monmouth County Board of Health. The applicant shall obtain approval from DEP. The applicant shall comply with Wall Township Affordable Housing Trust Fund and ADA requirements. The applicant shall have a pre-construction meeting with the Wall Township Police Department. The turnaround on lot 4.04 shall be installed subject to Board Engineer review and approval. The applicant must go to the Township Committee to vacate a portion of North Marconi Road. Waivers are granted. The applicant shall comply with the review letters of the Board Professionals. The applicant shall comply with review letters from Environmental Advisory Committee, Wall Township Fire Prevention, Wall Township Police Department, Monmouth County Board of Health and Monmouth County Planning Board. Chairman Braun added that the drainage must be reviewed by Glenn Gerken, Township Engineer. Mr. Brosnan seconded the motion which was unanimously approved by a roll call vote. (Messrs. Rible, Brosnan, Luttman, Morris, Thomson, Tobia, Ms. Wilson and Mr. Braun voted yes.)

RESOLUTION TO BE MEMORIALIZED:

SDI, L.L.C. – PB#25-2002

Block 88, Lot 23

Attorney Rubino read the resolution of approval. Mr. Rible moved to adopt the resolution as read. Mr. Luttman seconded the motion, which was unanimously approved by a roll call vote.

March 31, 2003 Page 9

(Messrs. Rible, Luttman, Brosnan, Morris, Tobia, Thomson, Ms. Wilson and Mr. Braun voted yes.)

HOWELL PROPERTIES – PB#23-2001

Block 977, Lots 16 & 18

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. Brosnan, Luttman, Morris, Tobia and Braun voted yes.)

ROBERT JOST – PB#16-2002

Block 113, Lots 12 & 14

Attorney Rubino read the resolution of approval. Deputy Mayor Thomson moved to adopt the resolution as read. Committeeman Brosnan seconded the motion, which was unanimously approved by a roll call vote. (Messrs. Thomson, Brosnan, Luttman, Morris and Braun voted yes.)

MARTIN & BERNICE SPIELMAN – PB#32-2002

Block 974, Lot 5

PJR CONSTRUCTION – PB#37-2002

Block 917, Lot 112

Attorney Rubino read the resolution of approval. Mr. Rible moved to adopt the resolution as read. Deputy Mayor Thomson seconded the motion, which was unanimously approved by a roll call vote. (Messrs. Rible, Thomson, Morris, Tobia and Braun voted yes.)

MINUTES TO BE APPROVED

Ms. Wilson moved to approve the minutes of the Regular and Workshop Meetings of February 3, 2003. Deputy Mayor Thomson seconded the motion, which was unanimously approved by a roll call vote.

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.

March 31, 2003 Page 10

Respectfully submitted,

Betty Schinestuhl

Recording Secretary