WALL TOWNSHIP PLANNING BOARD

MINUTES - REGULAR MEETING

MUNICIPAL MEETING ROOM

APRIL 29, 2002

 

 

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, Devlin, Morris, Giardina, Kean, Capone, Wilson, Rible, Attorney Rubino, Engineer Gerken, Special Planner Maczuga, Planning Board Secretary D’Andrea, 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. 

 

Chairman Braun said before we begin there are a number of announcements.  He announced the Biel application will be carried to June 3, 2002.  They will renotice.  There will be no action taken tonight.

 

Chairman Braun announced the Board has set a new date for Atlantic Access, June 3, 2002.  He said when they come before the Board it will be determined whether they are going forward or whether the application will be dismissed.  They must renotice.

 

CARRIED APPLICATION

 

CHRISTOPHER STEPHEN ENTERPRISES- PB#23-2001 – Block 845, Lot 31, Highway 34 and Holly Boulevard, OP-10 Zone.  Application complete: June 5, 2001.  Carried from August 17, 2001, October 29, 2001, December 3, 2001 and March 11, 2002.  Applicant seeks to construct three office buildings; 2 @ 2-stories and 1 @ 3-stories.  Site Plan with variance.

 

John Giunco, Esq. appeared for the applicant.  Attorney Giunco said the application has been met with opposition by the public and members of the Planning Board.  Attorney Giunco asked to carry the application to allow his client time to redesign the project.  Chairman Braun said the application will be carried to June 24, 2002.  Attorney Giunco said that would be fine.  He said he may have to ask for an additional extension.  Attorney Rubino said the applicant will have to re-notice.  He advised Attorney Giunco to check the property owner list. 

 

Chairman Braun announced Christopher Stephen Enterprises has been carried to June 24, 2002.  He said they will be submitting revised plans.  Attorney Rubino asked if they will waive the time limits.  Attorney Giunco said yes. 

 

Attorney Rubino said there will be another TRC.  Attorney Giunco asked what date was available in July.  Attorney Rubino said July 1.  It was decided the application will be carried to August 5, 2002.  Chairman Braun said they must re-notice.  He said they will submit a revised application.  The process will start all over again. 

 

EXTENSIONS:

 

KKJT – PB#8-2002 – Block 813, Lot 7, 2406 Highway 34, OB-20 Zone (formerly HB-20 Zone). 


April 29, 2002                                                                                                              Page 2

 

Applicant seeks an extension of time within which to complete his project to construct a one-story office complex.  Preliminary and Final Site Plan Approval granted March 30, 1998.  Extension granted July 23, 2001.

 

Attorney Mancuso appeared for the applicant.

 

Attorney Mancuso asked for a one year extension.  The extension will run until March 30, 2003. 

 

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

 

Attorney Rubino stated the Board granted an extension of approval July 23, 2001 for two years and that dates back to March 30, 1998.  He stated the applicant has the right for one additional extension that will run through March 30, 2003.  Attorney Rubino said the applicant must comply with the original resolution of approval. 

 

Mr. Tobia said the applicant must post the appropriate bonds.  Attorney Rubino explained that Mr. Gerken’s office is now involved with the work done at the site. 

 

The application was open and closed to the public.

 

Committeeman Devlin moved to approve the extension running to March 30, 2003.  Mayor Thomson seconded the motion, which was unanimously approved by a roll call vote.  (Messrs. Devlin, Thomson, Morris, Giardina, Capone, Kean, Ms. Wilson, Messrs. Riblei, Tobia and Braun voted yes.)

 

34-HIGH TECH – PB#5-2002 – Block 945, Lot 16, OR-10 Zone.  Applicant seeks an extension of time within which to complete his project.  Preliminary and Final Site Plan Approval granted May 22, 1989.  Final extension granted August 21, 1998.

 

Peter Falvo, Esq. appeared for the applicant.

 

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

 

Attorney Falvo said the applicant is asking for this extension due to the fact that the financial institute wants assurance that if the first building is constructed, the contractor will be able to go back to the township and receive the necessary permits to construct the remaining three buildings.  Attorney Falvo stated the applicant has started some site work. 

 

Attorney Falvo recognized the problems with Pat’s Thirty Acres.

 

Chairman Braun stated the extension is for a total of seven years.  He stated there are a number of issues that must be addressed regarding Pat’s Thirty Acres.

 

Attorney Rubino stated the applicant was granted an extension of time on January 29, 2001.  He stated the Planning Board granted a site plan application approval in 1989.  The applicant has received preliminary and final site approval.  All conditions of the prior approvals were met by the


April 29, 2002                                                                                                              Page 3

 

applicant.  Attorney Falvo stated the applicant has received all building permits.

 

Entered into evidence:

 

PB-1    Notice

PB-2    Resolution of approval dated 1989

PB-3    1992 extension

PB-4    1998 extension

PB-5    2001 extension

PB-6    Memo from Matt Zahorsky, Bay Pointe Engineering

 

A-1      Letter from Chinatrust Bank dated February 27, 2002

 

Attorney Rubino read the conditions stated in Mr. Zahorsky’s memo.  He said the memo includes the construction of a retention basin on the property by June 1.  That will collect the storm water runoff and lessen the impact onto Pat’s Thirty Acres.  He also stated a landscape plan for the easterly portion of the property be submitted.  He said a 4-foot chain link fence should be erected around the basin and extend to the retaining wall. 

 

Mr. Tobia said the entire site should be stabilized with top soil and grass cover.  He said the landscaping along the easterly section of the property needs to be enhanced with a variety of evergreens.  He said a landscaping maintenance plan should be submitted for Mr. Gerken’s approval.  He said the applicant should take a proactive stance in protecting the property owners downstream before the Township Engineer has to go out to that site. 

 

Mr. Gerken said because there may be a time lapse between buildings the site should be brought into stabilization before the first C.O. is issued.  Attorney Falvo agreed.

 

Captain Morris asked the applicant to contact the traffic unit at the Police Department.

 

The application was open to the public.

 

Stuart Leiberman, Esq. attorney for Pat’s Thirty Acres.  Mr. Leiberman stated he just wanted to thank Mr. Falvo and Attorney Rubino for coming up with a solution regarding Pat’s Thirty Acres.  He said he appreciated the proactive approach. 

 

Attorney Rubino, to bring Mr. Falvo up to date, stated Title 39 must be put in effect.  That allows the Police Department to enforce regulations on the property.  That will be added to the resolution.

 

The application was closed.

 

Attorney Rubino stated this is an extension for seven years.  It will run from July 1, 2002 to June 30, 2009.


Mayor Thomson moved to approve the seven year extension running from July 1, 2002 to June


April 29, 2002                                                                                                              Page 4

 

30, 2009.  Mr. Rible seconded the motion, which was unanimously approved by a roll call vote.  (Messrs. Thomson, Rible, Devlin, Morris, Giardina, Capone, Kean, Ms. Wilson, Messrs. Tobia and Braun voted yes.)

 

Mr. Tobia stated Mr. Gerken’s office will be inspecting the site to protect all the property owners in the Township.

 

RESOLUTION TO BE MEMORIALIZED:

 

VINCENT GIFFORD – PB#3-2002, Block 217, Lots 5 & 7

 

Attorney Rubino read the resolution.  Mayor Thomson moved to adopt the resolution as read.  Committeeman Devlin seconded the motion, which was unanimously approved by a roll call vote.  (Messrs. Thomson, Devlin, Morris, Giardina, Capone, Kean, Ms. Wilson, Messrs. Rible, Thomson and Braun voted yes.)

 

OSPREY ENTERPRISES – PB#42-2001, Block 262, Lot 28

 

Attorney Rubino read the resolution.  Mr. Giardina moved to adopt the resolution as read.  Mr. Kean seconded the motion, which was unanimously approved by a roll call vote.  (Messrs. Giardina, Kean, Capone, Ms. Wilson, Messrs. Rible, Tobia and Braun voted yes.)

 

MINUTES TO BE APPROVED:

 

Committeeman Devlin moved to approve the minutes of the Regular Meetings of March 11, 2002 and March 25, 2002.  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 8:15 P.M.

 

 

                                                                        Respectfully submitted,

 

 

                                                                        Betty Schinestuhl

                                                                        Recording Secretary