WALL TOWNSHIP PLANNING BOARD

MINUTES - REGULAR MEETING

MUNICIPAL MEETING ROOM

MAY 5, 2003

Chairman Braun called to order the regular meeting of the Wall Township Planning Board at 7:25 P.M. Members present were Braun, Tobia, Thomson, Brosnan, Morris, Luttman, Farrell, Wilson, Rible, Kiley, Attorney Rubino, Engineer Gerken, Planner Bergailo, Planning Board Secretary Lang, Recording Secretary 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 13, 2003.

SALUTE TO THE FLAG

Chairman Braun said the Board will open the meeting for review and approval of resolutions.

RESOLUTIONS TO BE MEMORIALIZED:

JEFFREY SNYDER/SUE DALRYMPLE – PB#4-2003

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

TERRA PROFESSIONAL PLAZA – PB#2-2003

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

MAJOR MITCHELL JOSEPH FAKTOR – PB#3-2003

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

KIPLING WOODS, LLC – PB#30-2002

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

May 5, 2003 Page 2

WGH GROUP, LLC – PB#40-2002

Chairman Braun announced Premier Development will not be heard this evening. It will be carried to July 7, 2003. They must renotice. There are two matters on for this evening, Ferrante and CSE.

NEW APPLICATIONS

PETER FERRANTE – PB#9-2003 – 2520 Apache Road, Block 724, Lot 6, RR zone. Date application deemed complete: February 21, 2003. Minor with variances.

Nick Montenegro, Esq. appeared for the applicant.

Attorney Montenegro stated the property is located at block 726, lot 6. It is in the RR zone. The applicant is seeking approval for minor subdivision with variances. They are seeking approval for two residential lots. They will have a common access driveway.

Entered into evidence:

A-1 Jurisdictional Items

A-2 Minor subdivision plan, one page, prepared by George Edwards, P.L.S. dated July 25, 2000

A-3 Revised Plan prepared by The Cannon Group dated April 14, 2003

A-4 Monmouth County Board of Health letter dated March 10, 2003

A-5 Drainage Report prepared by Cannon Group dated April 11, 2003

A-6 Rendering on Board

A-7 Zoning map

A-8 Site plan with photos

PB-1 Wall Township Fire Prevention letter dated April 22, 2003

PB-2 Review letter from John Hoffmann, Township Planner, dated April 22, 2003

PB-3 Review letter from Glenn Gerken, Schoor DePalma, dated May 5, 2003

PB-4 Review letter from Cheryl Bergailo, Schoor DePalma, dated May 5, 2003

Sworn by Reporter Lofreddo: Michael Cannon, Engineer

Andrew Janiw

Peter Ferrante

Glenn Gerken, Engineer

Cheryl Bergailo, Planner

Attorney Rubino, going over the jurisdictional items, asked Ms. Bergailo if Mr. Ferrante asked for

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all the variances needed. Ms. Bergailo’s letter indicates there are many more than what are in Mr. Ferrante’s notice. Ms. Bergailo said to start he needs variances for frontage, two for lot depth and lot coverage. Attorney Rubino said they are not in the notice. Attorney Montenegro said the applicant will comply with impervious coverage. Attorney Rubino said the applicant has to come back with proper noticing. Attorney Montenegro asked if he could submit testimony tonight and then carry the application. Chairman Braun asked how is the public going to hear the testimony you are going to give tonight. Mr. Tobia said he doesn’t see how we can proceed without the public being properly noticed. Attorney Rubino said there is a question as to proper notice. Attorney Rubino told the public new notices will go out. This matter will not be heard tonight.

Chairman Braun said the application will be carried to July 7, 2003. We are not accepting jurisdiction tonight. Attorney Montenegro waived the time limits.

CHRISTOPHER STEPHEN ENTERPRISES – PB#8-2003 – 1967 Highway 34, Block 821, Lot 14.01, OP-2 zone. Date application deemed complete: February 20, 2003. Site with variances.

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

John Hoyle, Esq. appeared for the applicant.

Attorney Hoyle stated the applicant is seeking preliminary site plan approval. The property is located at block 821, lot 14.01. There is an abandoned building on site now. The applicant is proposing to build a corporate center. The center includes two office buildings, each being 19,400 s.f. and one office building being 38,000 s.f.

Entered into evidence:

A-1 Jurisdictional Items

A-2 Preliminary and final major site plan prepared by LGA Engineering last revised February 5, 2003

A-3 Drainage calculations prepared by Allan Hilla dated January 17, 2003

A-4 Engineer report and Technical Specifications prepared by Allan Hilla dated January 2003

A-5 Addendum “A” dated February 14, 2003 – list of permitted NAICS Codes for CSE

A-6 LEIS prepared by LGA Engineering dated January 15, 2003

A-7 Letter from Monmouth County Board of Health dated March 4, 2003

A-8 Letter from Monmouth County Planning Board dated February 24, 2003

A-9 Freehold Soil Certification letter dated February 21, 2003

A-10 Second Preliminary and final site plan prepared by LGA last revised April 28, 2003

A-11 Engineer report and Technical Specifications prepared by Allan Hilla last revised April 2003

A-12 Drainage calculations last revised April 7, 2003

A-13 Retaining wall calculation dated January 20, 2003

A-14 DEP freshwater wetland permit plan

A-15 Colored rendering

A-16 Site Plan on board

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A-17 Grading plan on board

PB-1 Wall Township Fire Prevention letter dated March 4, 2003

PB-2 Review letter from Glenn Gerken, Schoor DePalma, dated March 19, 2003

PB-3 Review letter from Cheryl Bergailo, Schoor DePalma, dated March 20, 2003

PB-4 Review letter from Wall Township Environmental Advisory Committee dated March 9, 2003

PB-5 Review letter from Board of Fire Commissioners District #2 dated April 8, 2003

PB-6 Wall Township Police Department letter dated March 6, 2003

PB-7 Review letter from Cheryl Bergailo, Schoor DePalma, dated April 28, 2003

PB-8 Review letter from Glenn Gerken, Schoor DePalma, dated May 5, 2003

Sworn by Reporter Lofreddo: Robert McCarthy, Planner & Engineer

Chris Wilcox, Property owner

John Rea, Traffic Expert

Glenn Gerken, Engineer

Cheryl Bergailo, Planner

Mr. McCarthy gave his credentials which were accepted by the Board.

Mr. McCarthy stated he prepared the plans. Mr. McCarthy explained the property is located at block 821, lot 14.01. It is 7.44 acres. Route 34 is to the east. Allenwood Road is to the west. There is an existing office building to the north. To the south it is zoned R-60. There are approximately ten single family lots in that area. Also to the south is the Meritage. At the northwest corner there is a one single family residence. That residence is located in the OR-5 zone. The site in question is located in the OP-2 zone. We will provide a 75’ buffer to the south of the site. We need a variance for the buffer around the single family lot that exists to the northwest. We are proposing three two-story office buildings. Two of the buildings will be 19,200 s.f. each and one will be 28,000 s.f. for a total of 66,400 s.f. We comply with all setbacks. We more than meet the ordinance building and impervious coverage requirements. Access will be right-in and right-out on Route 34. Allenwood Road will have a full access driveway. The driveway will be 25’ wide. There will be complete circulation around the three buildings. Parking spaces are 9 X 19’. There will be a total of 334 parking spaces. All ADA regulations are met. Sidewalks will be 6’ wide. There will be two trash enclosures, 10 X 15’. One will be on the southeast side for the large office building and the additional enclosure will be on the south side between the two smaller office buildings. No loading zones are required. Deliveries will be made by FedEx, UPS, etc. No tractor trailers will be necessary.

Attorney Rubino noted that the applicant is seeking approval for preliminary site plan only. Mr. McCarthy said that is correct. Attorney Rubino said sometime in the future the applicant will be back to show the Board building elevation and renderings.

Mr. McCarthy said they will curb all along Allenwood Road. The applicant will provide some road improvements. We will provide curbing along Route 34. The site is all conforming.

Mr. McCarthy explained they are proposing a V-shaped sign on Route 34. There will be a

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rectangular sign along Allenwood Road. All signs conform. Sanitary sewer will be installed through an easement on site. We will tie into the Allenwood sewer system. Two fire hydrants will be installed.

Mr. McCarthy explained the grade drops 18’ from south to north along Allenwood Road. There is a 7’ drop south to north along Route 34. The buildings have been centered on the site. We will not touch any of the trees in the 75’ buffer.

Mr. McCarthy explained the retaining walls. One will be along the southerly portion of the property and one will be on the north side of the lot. It will be a keystone type wall.

Mr. McCarthy stated a variance will be needed for removal of soil. With the removal of the soil the retaining walls will not have to be too high. They both will have a split rail fence on top. The detention basin will be placed on the north side. It meets all requirements.

Mr. McCarthy said the proposed landscaping will provide an extensive amount of shrubs and trees. We are proposing more than what is required by ordinance. The 75’ buffer to the south will be saved. A fence will be put up during construction to protect that buffer. If additional buffering is required we will do that.

Mr. McCarthy went over the lighting. He said light meets the ordinance. The lighting fixtures will be mounted on 20’ poles. Lighting will be directed downward. The lighting along the residential properties will be shielded.

Mr. McCarthy explained internal parking will loop around each building. The parking aisles are only 15’ and 20’ long. He explained the ordinance requires 10% of the internal parking area be landscaped. We are proposing 6%. He said extensive landscaping has been provided across the property.

Mr. McCarthy said a variance is needed for buffering between the residential property and the commercial property. Deputy Mayor Thomson asked if that was not a residential home what would the buffer requirement be. Mr. McCarthy said there would be no buffer requirement. The house is a non-conforming use.

Attorney Rubino said there is an ordinance that will be coming to the Board shortly to reduce the required buffering where a residence is in a commercial zone. It will be 25’ and not the 75’ required now. The Board has asked the Township Committee to look at that. It is unfair to the commercial property to require a 75’ buffer. Deputy Mayor Thomson said the Township Committee will be reviewing that this Wednesday. Mr. McCarthy stated along this section of the property the trees that surround the existing residential home will not be taken down. We will supplement the trees.

Mr. Tobia asked if the applicant would be willing to put a rail fence along all sides of the basin. Mr. McCarthy said it is his policy not to have a fence around a basin. We put the split rail fence on one side. We don’t think it is necessary. Mr. Gerken said he has seen it done both ways. Chairman Braun said the Board will go with the single fence.

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Captain Morris said he is concerned with the Meritage parking. He said the Meritage uses the Wilcox property for overflow of parking. He asked how Mr. Wilcox feels about that. Mr. Wilcox said he has accommodated them in the past. He has allowed their employees to park on

his lot. After this is approved he is not interested in their business getting into his business. There will be no parking on his property. He has always had the agreement that when he uses the property they would not park there. Mr. Wilcox said he would be willing to meet with the owners of the Meritage to see if some sort of arrangement can be reached. Captain Morris stated he would like to hear about that agreement when Mr. Wilcox returns for final site plan approval. Attorney Rubino said the Board will hear on final if there is going to be a driveway that is to be shared.

Mr. Tobia asked when the existing building will will be demolished. Mr. Wilcox said we want to get it down. I will take that down within 90 days of resolution compliance.

Mr. Kiley asked Mr. Wilcox if he had approached the adjoining property owner regarding the purchase of their property. Mr. Wilcox said yes. He approached the property owner and she said the property had been in her family for years. I did ask and she declined. He said at the same time we agreed that when she does want to sell she would approach me.

Chairman Braun asked about a traffic study.

Mr. Rea gave his credentials which were accepted by the Board.

Mr. Rea said the traffic study was done in October 2002. It was done before the detours were put up for the town’s sanitary sewer installation. He stated the applicant may be required to pay a pro rata share for road improvements. Route 34 and Allenwood Road are in the jurisdiction of NJDOT. He said improvements may be necessary at Allenwood Road and Atlantic Avenue. Deputy Mayor Thomson stated NJDOT is doing a survey along Highway 34. It will be, hopefully, complete by September 2003. Mr. Rea said we will send the traffic study to NJDOT.

Mr. Tobia said he wants a full Traffic Impact Study completed by final approval for Ridgewood and Allenwood Road. Mr. Rea agreed.

The application was open to the public.

Richard Dowd, Chef at the Meritage, was sworn. Mr. Dowd said he supports the development of Mr. Wilcox’s property. He said the Meritage personnel are looking forward to this for the esthetics and appearance. He said they are also looking forward to having more customers coming into the Meritage. He said this is a win, win situation. He said the proposed office buildings will be better to look at than what is there now. Mr. Dowd said he would like to speak to Mr. Wilcox in the future regarding parking.

Robert Yuro, Kenderian-Zilinski was sworn. Mr. Yuro said Kenderian-Zilinski and himself are in favor of this application. He said he has just one concern and that is in regard to the detention basin. He said he is concerned that the emergency spillway from the detention basin would discharge onto their property in the event of severe flooding. He asked if the spillway could be

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shifted 75’ to the west toward Allenwood Road. Mr. McCarthy said that can be done.

Verne Conover was sworn. Ms. Conover said her only concern is that there would be people

from the office buildings looking into her bedroom. She said Mr. Wilcox assured her that the trees would stay. She said she is very happy with this project.

The application was closed to the public.

Mr. Tobia moved to approve the application for Preliminary 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 obtain approval from DEP and DOT. The applicant shall comply with Wall Township Affordable Housing Trust Fund and ADA requirements. The applicant shall obtain a tree removal permit. The applicant shall comply with review letters of the Board Professionals. The applicant shall comply with review letters from Wall Township Police Department, WTEAC, Wall Township Fire District #2 and Wall Township Bureau of Fire Prevention. Waivers are granted as requested. Variances are granted as requested. The applicant shall submit application for Subtitle 1 of Title 39. The applicant shall schedule a pre-construction meeting with Wall Township Police Department. Landscaping shall be enhanced along Allenwood Road subject to Board Planner approval. The applicant shall meet with the Wall Township Police Department regarding enhancement to communication system. If a basement is added it shall be deed restricted for storage and mechanicals only. All construction traffic must use Route 34 not Allenwood Road. The existing building “cow barn” must be demolished within 90 days of adoption of resolution. A full Traffic Impact Study shall be submitted before final approval and appropriate impact fees posted. If property is constructed in phases building pad sites shall be stabilized with turf. Drainage design of emergency spillway must be submitted and approved by Board Engineer. Deputy Mayor Thomson seconded the motion which was unanimously approved by a roll call vote. (Messrs. Tobia, Thomson, Brosnan, Farrell, Luttman, Morris, Rible, Ms. Wilson and Mr. Braun voted yes.)

REVIEW AND RECOMMEND

A. Ordinance No. 13-2003 – Delete Hotels and Conference Centers

Deputy Mayor Thomson said this ordinance will remove hotels and conference centers as a permitted use in HB-120, HB-200, OP-2, OP-10 and OR-2 zones. The Township Committee said only one conference center is needed in town. It will be done through a builder’s agreement.

Mr. Rible moved to recommend to the Township Committee that Ordinance No. 13-2003 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.)

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MINUTES TO BE APPROVED

Deputy Mayor Thomson moved to approve the minutes of the Regular and Workshop Meetings of March 10, 2003, March 31, 2003 and April 7, 2003. Mr. Tobia 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 8:45 P.M.

Respectfully submitted,

Betty Schinestuhl

Recording Secretary