MINUTES -
REGULAR MEETING
MUNICIPAL
MEETING ROOM
JUNE 2, 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, Luttman, Farrell, Wilson, Rible, Kiley,
Attorney Rubino, Engineer Gerken, Planner Bergailo, Planning Board Secretary Lang,
Recording Secretary 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 stated the Board will hear Wall Township, Hamill, Siegle, PRZ and then
Camp Zehnder.
NEW APPLICATIONS
TOWNSHIP OF WALL – PB#16-2003 – Camp Evans,
Block 240, Lot 55, Block 241, Lot 1 and Block 242, Lot 1. Application deemed complete: April 29, 2003.
Technical sub-division.
Roger
J. McLaughlin, Esq. appeared for the applicant.
Entered
into evidence:
A-1
Technical Sub-division map
prepared by Tom Thomas dated December 9, 1998
Attorney
McLaughlin explained the Township has been working with the Army for 10 years
regarding the disposition of Camp Evans.
Attorney
McLaughlin explained the Township could have done nothing and the property
could have been sold off. The Camp
Evans Reuse Committee has worked for many years on this plan. The property will have a public benefit at
no cost. Camp Evans will be divided
into various parcels. The largest part
of the property will be conveyed to the Township for active and passive
recreation, historical and educational uses.
The North Wall Little League is on a piece that will be used for passive
recreation.
Attorney
McLaughlin said a total of 160 acres will be conveyed to the Township. This is the next to last step in a 10 year
process.
Chairman
Braun stated there is no noticing required for a technical subdivision.
Ms.
Wilson moved to approve the application for a technical subdivision. Deputy Mayor
June
2, 2003 Page
2
Thomson
seconded the motion which was unanimously approved by a roll call vote. (Ms. Wilson, Messrs. Thomson, Brosnan,
Farrell, Luttman, Morris, Rible, Tobia and Braun voted yes.)
JOHN F. HAMILL, JR. – PB#10-2003
– 2215 Old
Mill Road, Block 151, Lot 32, R-10 zone. Date application deemed complete: March
24, 2003. Applicant requests permission
to subdivide lot 32, which is landlocked, into two separate lots which would be
proposed lots 32.01 & 32.02.
Proposed new lot 32.01 will be consolidated into block 44, lot 6. Proposed lot 32.02 is proposed to be
consolidated into block 44, lot 7 (Spring Lake Heights)
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 last revised
January 13, 2003 prepared by Thomas Stuart
A-3 Monmouth County Board of Health
letter dated April 11, 2003
A-4 Map of property
PB-1 John Hoffmann, Township Planner, review
letter dated May 2, 2003
PB-2 Review letter from Glenn Gerken, Schoor
DePalma, dated May 13, 2003
Attorney
Rubino explained the Board discussed this application at workshop. No variances are needed but we will hear
them.
Sworn
by Reporter Arnone: John F. Hamill, Jr.
Glenn Gerken, Engineer
Attorney
Middleton stated the applicant owns block 44, lot 6 in Spring Lake Heights. Mr. Marcello owns the adjoining lot also in
Spring Lake Heights. Mr. Hamill owns
lot 151, lot 32 in Wall Township. He
bought it two to three years ago.
Ms.
Wilson asked, regarding page two in Mr. Gerken’s review letter, can the
applicant comply with all items.
Attorney Middleton said new lot 32.01 and lot 6 will be merged into one
lot. He said the applicant does not
want to put a note on the deed stating the lots are not to be buildable lots
and are only to become part of the properties in Spring Lake Heights. Mr. Hamill may want to raze the existing
building and build another house.
Chairman Braun agreed. Attorney
Middleton said the applicant will comply with the rest of the review letter.
Ms.
Wilson asked if the applicant had any problems with Mr. Hoffmann’s letter
regarding No. 8 stating the applicant should provide prove of approval from
Spring Lake Heights. It is
important. Attorney Middleton said he
is fine with that.
Attorney
Rubino said when you do the deed you go to Spring Lake Heights there should be
a
June
2, 2003 Page
3
description
of all the lots. The rear piece is
landlocked. They should show them being
merged with lots with frontage.
The
application was open and closed to the public.
Ms.
Wilson moved to approve the application for minor subdivision subject to payment
of taxes and applicable assessments. The
applicant shall comply with the requirements of Monmouth County Planning Board
and Monmouth County Board of Health. The
applicant shall comply with review letters of the Board Professionals. The applicant will provide proof of approval
from Spring Lake Heights. The applicant
will prove that the coinciding lots are merged. The wooden fence on proposed lot 32.01 will be relocated to be
wholly within the property lines. The
zoning chart on the plat will be revised to reflect the final dimensions and
areas of the merged lots. A note will
be added to the plan and language added to the proposed deed that the
properties are not to be buildable lots and are only to become part of the
respective properties in Spring Lake Heights.
The deeds and descriptions for the proposed subdivision will be
submitted to the Board Engineer and the Township Attorney’s office for review
prior to approval. Although there is a
question whether variances are required since the subdivided lots will be
merged with the lots in Spring Lake Heights we will grant two variances. One for proposed lot 32.2 for lot area and
one for lot width. Deputy Mayor Thomson
seconded the motion which was unanimously approved by a roll call vote. (Ms. Wilson, Messrs. Thomson, Brosnan,
Farrell, Luttman, Morris, Rible, Tobia and Braun voted yes.)
Ms.
Wilson stepped down on the Siegle application.
RUTH SIEGEL – PB#13-2003 – 1999 Campbell Road, Block
803, Lot 46, R-40 zone. Date
application deemed complete: April 21, 2003.
Applicant requests permission for a Minor Subdivision
Mr.
Tobia left the meeting.
Timothy
B. Middleton, Esq. appeared for the applicant.
Entered
into evidence:
A-1 Minor Subdivision plat prepared by Paul
Lynch dated February 6, 2003
PB-1 Review letter from John Hoffmann, Township
Planner, dated May 20, 2003
PB-2 Review letter from Glenn Gerken, Schoor
DePalma, dated May 30, 2003
Attorney
Rubino stated that no noticing was required on this application.
Attorney
Rubino said the applicant can take down the garage or leave it up for up to one
year. The applicant must post a $10,000
bond.
Mr.
Farrell said the garage was the only concern the Board had.
June
2, 2003 Page
4
Attorney
Middleton said Ms. Siegle has a well.
Mr. Gerken said the applicant can only use that well for outside. Attorney Middleton said the applicant has
agreed to connect to town water.
Attorney
Rubino said no buffering is required.
Attorney
Middleton said there is one item in Mr. Hoffmann’s letter that states a 25’
buffer is required. Attorney Middleton
said no buffer is required. Chairman
Braun said the buffer is not required.
Mr.
Tobia returned to the meeting.
Mr.
Farrell moved to approve the application for minor subdivision subject to
payment of taxes and applicable assessments.
The applicant will comply with requirements of Monmouth County Planning
Board and Monmouth County Board of Health.
The applicant shall comply with the letters of Board Planner John
Hoffmann except for #8 listed on page 2.
The applicant shall comply with the letter of Board Engineer. A note will be added to the plan indicating
that proposed driveways must be located 5’ off the side property line. The applicant will obtain a street opening
permit. A grading plan will be required
prior to issuing any building permits.
A note will be added to the plan detailing the required number of
building stories for proposed lot 46.02.
The applicant will connect the existing dwelling to the public water
supply and the existing well will be kept for irrigation purposes only. Proposed lot 46.01 will not have any form of
ingress or egress on Allaire Road. A
note will be added to the plan stating the existing detached garage on proposed
lot 46.02 will be kept for one year. A
$10,000 bond will be submitted to the Township to remove the garage if that
becomes necessary. Deputy Mayor Thomson
seconded the motion which was unanimously approved by a roll call vote. (Messrs. Farrell, Thomson, Brosnan, Kiley,
Luttman, Morris Rible and Braun voted yes.)
Ms.
Wilson returned to the meeting.
PRZ CORPORATION – PB#6-2003 – 4164 Atlantic Avenue,
Block 954, Lot 10, RR zone. Application
deemed complete: January 31, 2003.
Applicant seeks permission to subdivide existing residential lot into
four lots. 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 Preliminary & Final Subdivision plans last revised
May 2, 2003 prepared by Gilligan Engineering
A-3 EIS prepared by William T. Bell Environmental
Consultant last revised June 2002
A-4 Drainage Narrative prepared by
Gilligan Engineering dated June 28, 2002
A-5 Technical Specifications last
revised June 28, 2002 prepared by Gilligan Engineering
June
2, 2003 Page
5
A-6 Monmouth County Planning Board
Conditional Approval letter dated February 24, 2003
A-7 Division of Long Range Planning & Monmouth County Division
of Shade Tree – Review of plans dated February 24, 2003
A-8 Monmouth County Board of Health review letter dated
February 20, 2003
A-9 Earthwork Calculations dated December 5, 2002 prepared by
Gillligan Engineering
A-10 Colored rendering of sheet 3 of 8
A-11 Back of sheet 3
PB-1 Wall Township Fire Prevention letter dated February 10, 2003
PB-2 Wall Township Police Department letter dated February 4, 2003
PB-3 Wall Township Environmental Advisory Committee letter dated
February 14, 2003
PB-4 Review letter from Cheryl Bergailo, Schoor DePalma, dated March
6, 2003
PB-5 Review letter from Glenn Gerken, Schoor DePalma, dated March 6,
2003
PB-6 Board of Fire Commissioners letter dated April 8, 2003
PB-7 Review letter from Glenn Gerken, Schoor DePalma, dated May 7,
2003
PB-8 Review letter from Cheryl Bergailo, Schoor DePalma, dated May 6,
2003
Chairman
Braun explained the applicant is been back before the Board because the County
is making them relocate the entrance of the cul-de-sac to the west. The relocation of the road would create a
fifth, 10,000 s.f. lot.
Attorney
Rubino said the Board is going to give the applicant 30 days to give the
additional lot to the adjoining property owner, if they do not accept it it will
be donated to the Township as open space.
Attorney Middleton agreed.
Sworn
by Reporter Arnone: Tom Thomas, Planner
Charles Gilligan, Engineer
Glenn Gerken, Engineer
Cheryl Bergailo, Planner
Mr.
Gilligan explained this application was previously approved. The cul-de-sac met Atlantic Avenue at a low
point in the road. When it was
submitted to the County they wanted the road lowered 4’ – 5’. Mr. Gilligan explained the applicant is
proposing to move the cul-de-sac to the west so it will meet Atlantic Avenue at
its highest point. The applicant is
creating three new building lots. The
driveways will be off the cul-de-sac.
The cul-de-sac will be 36’ wide.
There will be sidewalks and curbs on both sides of the street.
Chairman
Braun asked if these were the same lots that were approved by this Board. Mr. Gilligan said yes we are just moving
them around. The five acre lot in the
front is now in the rear.
Chairman
Braun asked if there were any drainage issues.
Mr. Gilligan said the lots will be connected to an underground drainage
system. Perk flows are about 16
seconds. No water will be leaving the
site. The overflow will go into the
county system.
Mr.
Luttman asked about the long term maintenance of the detention basin and
drainage
June
2, 2003 Page
6
easement. Mr. Gilligan said the owner of lot 10.04
will be responsible for that system.
Mr.
Luttman asked about the new fifth lot.
He asked if that will be deed restricted. Chairman Braun said the new lot will be offered to the adjoining
property owner if he does not accept it then it will become part of the
Township’s open space.
Mr.
Gerken, regarding the drainage system, said once the detention basin fills the
overflow will go to Atlantic Avenue to that drainage pipe. Attorney Rubino asked if there would be less
water coming off that site. Mr. Gerken
said yes.
Tom
Thomas gave his credentials which were accepted by the Board.
Mr.
Thomas stated he looked through the subdivision. He said if the site was subdivided without requesting variances
it would result in a strange looking subdivision. This is much more superior.
All the variances make sense.
The variances improve the overall quality of the design.
Attorney
Middleton asked Mr. Thomas if one more lot could be created if they all
conformed. Mr. Thomas said yes.
Chairman
Braun said the Board has approved all these variances before. We are only here because of the entrance.
The
application was open to the public.
Betty
Olsen, 4170 Atlantic Avenue, was sworn.
Mrs. Olsen’s home is west of the property. She stated her back property is low and she is concerned about
drainage. She said she was told there
should not be a problem. She asked if
there was any way that could be put in the minutes. She asked that if there is any problem the Township take care of
it. Attorney Middleton said drainage
will flow away from Mrs. Olsen’s property.
Mr. Gilligan said water will flow away from the Olsen property. Mrs. Olsen said the way it is now it comes
onto my property. Water is backing up
and it lays there. She stated she just
wants to be assured she will have no problems.
Attorney Rubino stated the Board cannot guarantee that the runoff will
never flow onto their property. He said
the Olsen’s could contact Mr. Verruni or Mr. Hoffmann’s office if there is a
problem. He said the Township is very
receptive.
Chairman
Braun stated the problems you have stated we have tried to address. This drainage is directing the water away
from you and it should help. Mr. Gerken
said there is a substantial slope in the rear of the property because of the
homes. Mrs. Olsen said with the West 18th
Avenue project that was built the water backs up onto my property. She said she has a problem with drainage
coming onto her property now. Mr.
Gerken said the Olsen’s can expect to see the same amount of flow onto their
property when the development is complete.
They should have no additional run-off.
Mrs.
Olsen said she just does not want to have a water problem. Chairman Braun said the grading plan is
addressed before the clearing. Mr.
Gerken said the run-off will stay the way it is now.
June
2, 2003 Page
7
Ben
Olsen, 4170 Atlantic Avenue, was sworn.
Mr. Olsen stated he purchased his property in 1966. He explained the topography drains onto his
property. His property is 7.75
acres. He said Mr. Vacchiano removed
fill from the back property and caused more drainage to my property. He said that created the wetlands. That water is causing a problem on my
property. Mr. Olsen said he cannot
stand any more water. Attorney
Middleton asked Mr. Gilligan if the drainage will now be redirected from Mr.
Olsen’s property toward the southeast.
Mr. Gilligan said there is a high point in the middle of the site, some
of the water that goes onto Mr. Olsen’s site will go through. Attorney Rubino said the Board can only deal
with what is before them.
Mr.
Olsen said the new driveway is also going to give him a problem. It is entirely too close to my property. Mr. Olsen said his property has a horseshoe
shaped driveway and drivers visiting the house next door often mistake his
driveway for the neighbor’s. They whip
around my driveway. Chairman Braun
stated once work is complete it is unlikely anyone would mistake your driveway
for the new cul-de-sac. Mr. Olsen
stated again it is too close to his property and should be moved.
Mr.
Gerken said if there is an existing problem on W. 18th Avenue
whoever caused the problem should correct it.
Rear leaders could be piped into a recharge system. That would stop some of the water. There should be no water going in that
direction. Attorney Middleton said the
applicant will agree to some sort of seepage pit.
Chairman
Braun asked how do we go and look at W. 18th Avenue and plug up any
outlet. Mr. Gerken said to give Mr.
Dempsey, Code Enforcer, a call.
Chairman
Braun said the relocation of the road meets our ordinances.
Mr.
Olsen asked if they could take some of the dirt from the site and fill in the rear
of the property to prevent water from entering his property. Attorney Middleton said they cannot do that
because the property is heavily wooded and that area has been delineated as
wetlands by the DEP. He said moving the
excavated soil there would violate the required wetlands buffer. The applicant can redirect the water away
from the Olsen property and agree to the seepage pits for the roof
leaders. There is nothing more the
applicant can do.
Mr.
Olsen asked again if the cul-de-sac could be moved to the east. Chairman Braun said the road cannot be moved
because the county requires it to line up with the highest point of Atlantic
Avenue. Mr. Olsen said he knows for a
fact it will be a problem.
Catherine
Kessler was sworn. Ms. Kessler said the
letter she just received was unnecessary because this has already been
approved. She said she thought this
meeting was for variances for this property.
Attorney Middleton said the notice you received was requesting approval
for three lots and Mr. Zannochio’s lot for a total of four lots. Variances are necessary because instead of
creating a very long road the applicant decided on a shorter road with a few
variances. The lots are all in excess
of two acres. There will be no drainage
problem. The soil in your area is
sandy. There will be a large pipe with
holes in it. It will go out to the road
and the water will go through that. No
water will leave Atlantic Avenue. It is
a good application. Variances are all
technical.
June
2, 2003 Page
8
Lots
are all oversized.
Attorney
Rubino said the Board does not have a right to say no to this application. The applicant presented an application that
conforms. The courts have directed
Boards to work with the applicant.
Mr.
Tobia asked Attorney Middleton to describe the differences as far as the
alignment of the roads. Attorney
Middleton said the original application did not include the removal of the
barn. The applicant has eliminated the
barn and moved the road. Ms. Wilson
asked if there was any way to enhance the street sign. Mr. Gilligan said there will be curbs that
come out and meet Atlantic Avenue.
There will also be sidewalks.
The
application was closed to the public.
Mr.
Luttman moved to approve the application subject to payment of taxes and
applicable assessments. The applicant
will comply with the requirements of Freehold Soil Conservation District,
Monmouth County Planning Board and Monmouth County Board of Health. The applicant will comply with the review
letter from Wall Township Fire Prevention Bureau. The applicant will comply with DEP letter stating no further
action. The applicant will submit all
performance guarantees. The applicant
will comply with Wall Township Affordable House Trust Fund. Buffer for lot 9 will consist of Norway
Spruce and other evergreens. Lot 10.04
will be responsible for the maintenance of the drainage easement. The applicant will comply with review
letters of Board Professionals. The
barn will be removed. Lot 10.04 shall
be merged with lot 9 or transferred to the Township. Sidewalks will be installed on Atlantic Avenue. A landscape plan shall be submitted to the
Board Engineer for approval. Lots 10.02
and 10.03 will have a drainage system to reduce run-off. Mr. Brosnan seconded the motion which was
approved by a roll call vote. (Messrs.
Luttman, Brosnan, Farrell, Morris, Rible, Thomson, Ms. Wilson and Mr. Braun
voted yes. Mr. Tobia voted no.)
The
Board recessed at 8:58 P.M.
The
meeting resumed at 9:07 P.M.
CAMP ZEHNDER YMCA –
PB#24-2002 –
3911 Herbertsville Road, Block 977, Lots 6 & 8, CR-40 zone. Date application deemed complete: August 7,
2002. Carried from September 30, 2002
and January 13, 2003. Applicant seeks
to modernize pool and pool related structures including additional
parking. Site with variances.
Richard
Hogan, Esq. appeared for the applicant.
Keith
Henderson, Esq. appeared for the Mary Murray Estate.
Attorney
Rubino reviewed the file and stated the Board had jurisdiction to proceed.
Entered
into evidence:
June
2, 2003 Page
9
A-1 Jurisdictional Items
A-2 Preliminary & Final Site Plan prepared by
Kenderian-Zilinski last revised November 25, 2002
A-3 EIS prepared by Kenderian-Zilinski dated
May 3, 2002
A-4 Stormwater Management Report
prepared by Kenderian-Zilinski dated May 3, 2002
A-5 Freehold Soil Certification letter
dated August 28, 2002
A-6 Monmouth County Planning Board
review letter dated June 10, 2002
A-7 Monmouth County Board of Health
review letter
A-8 Rendering of page 7 of 9 of site
plan
A-9 Rendering of pool building
PB-1 Wall Township Fire Prevention letter dated
August 20, 2002
PB-2 Wall Township Environmental Advisory
Committee letter dated August 24, 2002
PB-3 Wall Township Police Department letter dated
August 15, 2002
PB-4 Review letter from Glenn Gerken, Schoor
DePalma, dated September 2, 2002
PB-5 Review letter from John Maczuga, Schoor DePalma, dated September
3, 2002 and September 20, 2002
PB-6 Review letter from Glenn Gerken, Schoor DePalma, dated December
17, 2002
PB-7 Buffer & Side yard clarification letter prepared by Cheryl
Bergailo, Schoor DePalma dated January 7, 2003
PB-8 Review letter from John Maczuga, Schoor DePalma, dated January 3,
2003
PB-9 List of existing and new violations of the 75’ buffer and 100’
setback along northerly property line adjacent to Block 977, Lot 5 prepared by
Schoor DePalma dated January 13, 2003
Sworn by Reporter Arnone: Richard Pollock, YMCA
Robert Yuro, Engineer & Planner
Robert DeSantis
Glenn Gerken, Engineer
Cheryl Bergailo, Planner
Mr.
Pollock stated Camp Zehnder has been providing day camp, recreation facilities
and swimming for over 50 years from Ocean Township to Brick Township. We now operate a full year day care center
and summer day camp. Mr. Pollock said
the YMCA is planning to build some new facilities and upgrade some of the
site’s existing features. He is asking
for the cooperation of Wall Township officials and Green Acres. YMCA intends to provide summer day camp and
recreational facilities. We are seeking
approval to begin this process and open our new swimming pool complex in the
summer of 2004.
Robert
Yuro gave his credentials which were accepted by the Board.
Mr.
Yuro said Camp Zehnder is a 100 acre property in the southwest section of Wall
Township. It fronts on Herbertsville
Road. There is a single access. To the south is the Garden State Parkway and
Brick. To the west is Howell and to the
northwest is the Murray property. The
property is currently zoned CR-40. Camp
Zehnder is a permitted use. The Murray
property is
June
2, 2003 Page
10
zoned
RR5.
Mr.
Yuro explained Camp Zehnder is asking approval to expand and to refurbish the
pool facility and the administration building.
Mr. Yuro explained Camp Zehnder now has an indoor and outdoor swimming
pool. The indoor pool will be
eliminated. The existing structure will
be removed. A new 25 yard, eight lane
outdoor lap pool will be constructed. A
3,200 s.f. building to house boy’s and girl’s locker rooms will be
constructed.
Mr.
Yuro stated the applicant is also proposing some improvements to the driveway
area. A circular drop-off area is being
proposed. The driveway will be 25’ wide
from Herbertsville Road to the pool area.
Mr.
Yuro stated a 45 stall gravel parking area will be to the south of the pool
area. This parking area will be used
for staff and visitors. Mr. Yuro said
there will be a 2000 s.f. addition to the administration building. The entire development will be in the pool
area. There will be no other
improvements along Herbertsville Road.
There will be no improvements to the rear of the property.
Mr.
Yuro said two-thirds of the site will remain wooded in a natural state.
Mr.
Yuro said the applicant is requesting three variances. They are existing. One variance is for front yard setback. The requirement is 100’ setback and the two story dwelling is 55’
from the roadway. The second variance
is for the shed. The shed is on the
northwest portion of the property which is adjacent to the Murray
property. The shed has been there for
25 years. The shed is 8’ X 10’. It is 2’ – 3’ from the property line. 100’ side yard setback is required. It is also in the 75’ buffer.
Chairman
Braun asked Mr. Yuro to list the existing and new variances. Mr. Yuro said in addition to the shed in the
buffer there are two basketball courts, the driveway, the pool pavilion and the
outdoor pool. Mr. Yuro also listed the
new variances. A violation of the buffer
requirement results from the driveway’s circular drop off, 200 linear feet of
fencing around the new pool will be as close as 40’ to the property line, a
portion of the new pavilion will be 50’ from the property line and a 180 s.f.
portion of concrete surrounding the pool.
Mr. Yuro stated that the concrete can be eliminated.
Attorney
Henderson asked how far is the circular driveway from Herbertsville Road. Mr. Yuro said between 1800’ and 2000’.
Mr.
Yuro said to the west of the pool there is existing wetlands which goes into
the buffer.
Attorney
Henderson asked if there was a place to relocate the roadway. Mr. Yuro said no.
Attorney
Henderson asked if this plan was the most reasonable one. Mr. Yuro said he believes it is. It will enhance the area and be an asset to
the community. He said they aligned the
pool area to fit the buffer.
June
2, 2003 Page
11
Attorney
Henderson asked about a landscape plan.
Mr. Yuro said there will be additional evergreens and deciduous
plantings along the new driveway, dressing room area and administration
building. He said they are
re-landscaping the new area.
Attorney
Rubino said the Murray property is zoned residential. The applicant came before the Board at an informal hearing and
was confident at that time the Township and State would enter some type of
agreement in which the Murray property will become open space. Attorney Rubino said the Board has been very
reluctant on granting variances for buffer.
The Board would like to see if the applicant will agree to any approval
conditioned upon the final paperwork.
No maps can be filed until this is done. Attorney Rubino said if the agreement falls through the Board
does not want to have to explain to a neighbor five years from now why there’s
a pool in their backyard.
Mr.
Pollock said we would have loved to have come in with a deal in hand. He said an amicable situation exists between
all parties involved. He said he knows
what the Board’s concerns are.
Attorney
Rubino said the Board would like the applicant to agree to this condition. Mr. Pollock said we are willing to take that
on. We will work with the Township
officials. Attorney Rubino said he has
spoke to Administrator Verruni and Attorney McLaughlin and they are very
anxious to cooperate. Administrator
Verruni is doing everything that can be done to get this thing moving
along. The State is also being very
cooperative. Mr. Pollock said they are
willing to accept that condition.
Attorney
Henderson said his concern is that this deal from the State does not go
through. He said he feels the applicant
should move the things in the buffer out.
But if they do agree to the condition that the approval is conditioned
upon the final paperwork then I withdraw my objection.
Attorney
Hogan said Attorney Rubino and himself have had many conversations regarding
the buffer. He said they have tried to
find some way for the Board to approve this without the State agreement. He said there may be some funding available
by October 2003.
The
application was open and closed to the public.
Mr.
Tobia moved to approve the application for site plan with variances subject to
payment of taxes and applicable assessments.
The applicant will comply with the requirements of Freehold Soil
Conservation District, Monmouth County Planning Board and Monmouth County Board
of Health. The applicant will obtain
approval from DEP. The applicant will
comply with ADA requirements. The
applicant shall comply with the review letters of the Board Professionals. The applicant will comply with the review
letter from Wall Township Fire Prevention, Wall Township Police Department and
Wall Township Environmental Advisory Committee. Waivers are granted as requested. Variances are granted as requested. Attorney Rubino said the buffer variance will be granted
conditioned upon acquisition of the Murray property and closing of title. Mr. Tobia said the applicant shall schedule
a pre-construction meeting with the Wall Township Police Department. The applicant shall meet with Wall Township
Police Department and emergency services regarding operation of Camp
Zehnder. The applicant shall enhance
Wall Township
June
2, 2003 Page
12
Police
Communication. Building façade shall be
reviewed by the Board Planner. Attorney
Hogan asked about payment of taxes. Mr.
Tobia said to strike that statement.
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
ORDINANCE NO. 16-2003 – Regulations Pertaining to
Buffer Requirements
Chairman
Braun stated this ordinance deals with buffering. When a commercial zone abuts a residential zone a buffer of at
least 25’ in width shall be permanently stabled and maintained along the
property line as long as the residential use exists.
Mr.
Luttman moved to recommend to the Township Committee that Ordinance No. 16-2003
be adopted. Mr. Farrell seconded the
motion, which was unanimously approved by a roll call vote. (Messrs. Luttman, Farrell, Brosnan, Morris,
Rible, Tobia, Thomson, Ms. Wilson and Mr. Braun voted yes.)
ORDINANCE NO. 17-2003 – Amending the Zoning Map
Chairman
Braun explained this ordinance adjusts a lot on Winfield Drive. It will be zoned R-20.
Mr.
Rible moved to recommend to the Township Committee that Ordinance No. 17-2003
be adopted. Mr. Farrell seconded the
motion, which was unanimously approved by a roll call vote. (Messrs. Rible, Farrell, Brosnan, Morris,
Tobia, Thomson, Ms. Wilson, Messrs. Braun and Luttman voted yes.)
MINUTES TO BE APPROVED
Mr.
Tobia moved to approve the minutes of the Regular and Workshop Meetings of May
5, 2003. Deputy Mayor Thomson seconded
the motion, which was unanimously approved by a roll call vote.
RESOLUTION TO BE MEMORIALIZED
CHRISTOPHER STEPHEN
ENTERPRISES – PB#8-2003
Block
821, Lot 14.01
Attorney
Rubino read the resolution of approval.
Captain Morris moved to adopt the resolution as read. 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.)
There
being no further business to come before the Board, a motion was made, seconded
and unanimously approved to adjourn the meeting at 10:05 P.M.
June
2, 2003 Page
13
Respectfully submitted,
Betty Schinestuhl
Recording Secretary