WALL TOWNSHIP PLANNING BOARD

MINUTES - REGULAR MEETING

MUNICIPAL MEETING ROOM

JUNE 3, 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, Devlin, Morris, Giardina, Rible, Wilson, 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Chairman Braun announced Atlantic Access has notified the Board they have withdrawn their application. Mr. Tobia said Mrs. D’Andrea sent a letter to the Township Committee asking them to take action against Atlantic Access for not following the township regulations. He said this Township and Planning Board is not going to agree clear wooding of any property.

Mr. Tobia made a motion to send a letter to the Township Committee regarding Atlantic Access. Mr. Giardina seconded the motion which was unanimously approved by a roll call vote. (Messrs. Tobia, Giardina, Devlin, Morris, Ms. Wilson, Messrs. Rible and Braun voted yes.)

Chairman Braun announced there are two matters before the Board, Weichert and CJS.

CARRIED APPLICATION

WEICHERT REALTORS - PB#44-2001 – Block 263, Lot 3, 2165 Route 35, HB-80 zone. Date application complete: November 13, 2001. Carried from March 25, 2002. Applicant seeks to remodel the existing first floor, add a second floor and reconstruct existing parking lot. Site Plan with Variance.

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

Anthony Mancuso, Esq. appeared for the applicant.

Sworn by Reporter Arnone: Jay Anderson

James Johnson

C. Boyles

Henry Ney, Traffic Expert

Glenn Gerken, Township Engineer

John Maczuga, Special Planner

A-8 Revised plans dated May 7, 2002

PB-9 Review letter from Glenn Gerken dated March 21, 2002

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PB-10 Review letter from John Maczuga dated May 17, 2002

PB-11 Review letter from Glenn Gerken dated May 17, 2002

PB-12 Traffic report dated May 16, 2002 prepared by Henry Ney

PB-13 Review letter from Wall Township Fire Prevention dated May 20, 2002

PB-14 Review letter from Wall Township Police Department dated May 15, 2002

PB-15 Photos from Wall Township Police Department

A-9 Colored Rendering of page 2 of revised plan

A-10 16 Photos of site

A-11 Colored Rendering of façade of all four sides and flow plan dated August 1, 2001 revised May 9, 2002 prepared by J. Anderson

Attorney Mancuso asked Mr. Boyles to point out the changes for the Board.

Mr. Boyles stated the Board had concerns regarding the original plan. He said there were some changes made. He said A-9 shows the changes. He said one of the concerns was the size of the building. He said the client has decided to remove 2’ of width along the south property line. He said the egress traffic has been shifted. He said the existing planter will be removed. They are proposing a ground sign on the east side of the building which will be conforming.

Mr. Tobia said the width of the driveway is 12’. He said in order to comply it would have to be 18’. He said the building would have to be reduced another 12’. Mr. Boyles agreed but he said that would have to be taken up with the project architect. Mr. Tobia said the applicant should consider that. He said emergency vehicles must be able to gain access.

Captain Morris asked how emergency vehicles would get to the rear of the building. Mr. Boyles said he doesn’t think they would have to get to the rear of the building.

Mr. Tobia asked if Mr. Boyles was an expert in emergency vehicles. Mr. Boyles said no. Mr. Tobia said Wall Township ambulances are large. Captain Morris asked Mr. Boyles what his experience was in this. Mr. Boyles said he has done research.

Mr. Tobia asked what turning radius was used to determine that the driveway would provide adequate access to the building. Mr. Boyles said he did not use a turning radius. He used information regarding the dimensions of the emergency vehicles. Captain Morris said the Township uses box style ambulances. They are 10’ wide. He said it is extremely difficult to go through your ingress and egress. He said a fire truck would not get through. He said you do need to fight a fire in the rear of a building. He said emergency vehicles need access to the back of the building.

Mr. Tobia stated the building has been damaged by larger vehicles trying to get to the rear of the building.

Ms. Wilson said she is a member of Wall Community First Aid. She said one evening she took a ride through the lot and had to have someone get out of the rig and direct her so she did not hit the building.

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Mr. Boyles stated they will not alter the grading pattern.

Mr. Tobia asked if there was any attempt made to purchase additional property. Attorney Mancuso said they have an expert that will testify to that.

Mr. Boyles went over Mr. Gerken’s review letter. Attorney Rubino said the front yard set back is an existing non-conformity and you are intensifying that non-conformity.

Mr. Boyles stated they have submitted a grading plan to Mr. Gerken’s office.

Chairman Braun asked about the curbing. Mr. Boyles said the area in question is adjacent to the Grease Money. He said there will be no additional curbing in that area. Chairman Braun said the water will run all over the place in the rear of the building. Mr. Gerken said they need to get the grades from one point out to the highway. Chairman Braun stated the Grease Monkey now handles a lot of Weichert’s water. It is going into their drainage catch basin. Mr. Boyles said they will provide additional information regarding that.

Mr. Boyles said a waiver regarding the lighting should be granted given the small nature of the site. Mr. Boyles stated they will provide additional information complying with ADA regulations. He said they will provide the “Do Not Enter” and “Stop” signs on the site.

Mr. Boyles said they will provide an EIS.

Chairman Braun asked Mr. Maczuga to review #4 under Site Plan Comments. Mr. Maczuga said he is satisfied. He said it is a mixture of plantings and shrubs. Chairman Braun asked if there was any way to revise those plantings. Mr. Maczuga said safety is first. Attorney Mancuso said if the Board would like the buffer shortened he would agree to that.

Mr. Boyles went over Mr. Maczuga’s review letter of May 17, 2002. Mr. Boyles stated the number of parking spaces complies with ordinance requirements.

Mr. Boyles explained the existing sign is located outside the right of way. That would be removed. He said a monument sign will be located in the landscaped area. This will meet the ordinance requirements.

Mr. Maczuga asked Mr. Boyles to address the comments on page one of his review letters. Mr. Boyles said he did testify to that. He said the side setback has been increased. Plantings will be provided along the property line. He said the regulation for side yard setback is 20’ the existing setback is approximately 15’. Regarding impervious coverage, he said they are proposing to reduce that. He said this would be an improvement.

Attorney Rubino asked how far the bump out on the south side to the property line is. Mr. Boyles said 14.6’. He said they are taking that out.

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Mr. Boyles stated everyone is familiar with the site. He said the ingress and egress is substandard. He said they are able to meet DOT standards. He said the site will be dressed up. It will be more esthetically pleasing.

Attorney Rubino said there are existing conditions and variances being created. He asked Mr. Boyles to state how that is a benefit. Mr. Boyles said they are not proposing to add to the front or side yard setback. He said they are existing non-conforming conditions. He said neither one is being further exasperated.

Mr. Maczuga said you are increasing the non-conformity and adding another variance. Mr. Boyles said he does not think by going up 10’ they are adding to the impact of the building. He said going up is not a detriment to the Master Plan.

Captain Morris said he does not agree. He said this is not going to be a benefit.

Mr. Ney gave his credentials, which were accepted by the Board.

Mr. Ney went over the parking on the site. He said he is concerned about the two parking spaces located on the south and east sides of the building. He said cars backing out could pose a hazard. The drivers would not be able to see cars coming from behind the building. He also had concerns regarding the handicapped parking proposed. He said they would not be able to back out without hitting the curb. Mr. Ney stated when he wrote his report he did not know Weichert had gotten DOT approval. Mr. Ney’s last concern was circulation of trucks to the rear of the property. He said trucks cannot enter without going over the curb. He said they cannot circulate to the rear of the building. He suggested eliminating one more parking space and eliminating the landscaped island. He said the parking lot would have to be redesigned to accommodate single unit trucks.

Committeeman Devlin had concerns with cars making a left into the parking lot.

Captain Morris asked if you would be able to back out of the two spots in the front. Mr. Ney said there is 25’ between the end of the space and the curb. It meets ordinance regulations.

Attorney Mancuso ordered a transcript. Chairman Braun said the application will be carried to June 24, 2002. Attorney Mancuso waived the time limits. Attorney Rubino said no further noticing is required.

NEW APPLICATION

CJS INVESTMENTS – PB#8-2002 – 5002 Megill Road, Block 914, Lots 8 & 9. OR-10 Zone. Application deemed complete: March 22, 2002. Applicant seeks to construct a 29,400 s.f. office building. Site plan with variances.

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

Entered into evidence:

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A-1 Jurisdictional Items

A-2 Map dated February 2, 2002, revised May 9, 2002, prepared by Challoner & Magno Engineering

A-3 Site Plan dated February 2, 2002, revised May 9, 2002, prepared by Challoner & Magno Engineering

A-4 Construction Specifications dated March 2002, prepared by Challoner & Magno Engineering

A-5 EIS dated February 2002 prepared by Challoner & Magno Engineering

A-6 Colored rendering

A-7 Architectural rendering

PB-1 Review letter from Glenn Gerken dated April 2, 2002

PB-2 Review letter from John Maczuga dated April 24, 2002

PB-3 Review letter from Wall Township Police Department dated April 29, 2002

PB-4 Review letter from Wall Township Fire Prevention dated April 1, 2002

PB-5 Review letter from Wall Township Fire Prevention dated May 20, 2002

PB-6 Review letter from Glenn Gerken dated May 31, 2002

PB-7 Review letter from John Maczuga dated May 23, 2002

Sworn by Reporter Arnone: Glenn Gerken, Township Engineer

John Maczuga, Special Planner

James Monteforte, Architect

Stuart Challoner, Engineer

Dennis Collins, Esq. appeared for the applicant.

Attorney Collins said CJS Investments is the contract purchaser of Block 914, Lots 8 & 9.

Mr. Challoner gave his credentials. The Board accepted Mr. Challoner’s credentials as both an engineer and a planner.

Mr. Challoner stated the property is located on the south side of Route 34 & Megill Road. It is triangle in shape. It is vacant and wooded. There is an office park to the north. It is zoned OR-10. It is approximately 2.9 acres. There are existing non-conformities.

Attorney Collins asked about the availability of adjoining property. Mr. Challoner said lot 10 is undersized and would not bring the piece into conformance.

Mr. Challoner said there will be single access from Route 34. There will be a right in and a right out. There will be no access onto Megill Road. The buffering on the north side is 75’. He said they are proposing a three-story building. It will be 29,400 s.f. There is sufficient parking. It meets all parking regulations.

Mr. Challoner said they are not requesting a variance for impervious coverage, just for setbacks. He said the existing vegetation will remain. He said the project will be sloped up toward Megill Road.

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Mr. Challoner said some clearing will be required for drainage. He said they will keep the 50’ buffer and plant an additional 25’.

Mr. Challoner said they will comply with everything in Mr. Gerken and Mr. Maczuga’s review letters.

Attorney Rubino said in Mr. Maczuga’s letter of May 23, 2002 there is a mention of a buffer variance. Please address that. Mr. Challoner explained there is a concrete pad within the buffer. He said the pad will not be a structure. It is required for an emergency exit.

Committeeman Devlin confirmed that there will not be an ingress or egress on Megill Road. Attorney Collins said it is practically impossible to use Megill Road.

Attorney Rubino asked if they were using Megill Road for construction access. Attorney Collins said they will use 34 for construction access. Chairman Braun said the Board needs to be sure about this. He said the engineer will inspect that. Attorney Collins said they are consigent of that issue. He said it will be flagged and fenced.

James Monteforte gave his credentials which were accepted by the Board.

Mr. Monteforte said Item A-7 was prepared by him. He said they are proposing a three-story office building. He said the building will be the same on all four sides. It will be a brick masonry building. There will be a metal canopy over the entrance way. He said the third floor will have a small balcony. Mr. Monteforte went over the floor plans showing the entrance, lobby, staircase, elevator, etc. Mr. Monteforte said all three floors will have the same floor plan. The third floor does not have the side curve.

Captain Morris asked what type of use. Mr. Monteforte said it will be office professional. Attorney Collins said the applicant does not have any tenants. He said they will consist of attorneys, architects, engineers, etc. There will be no medical offices.

Mr. Monteforte said there is 40’ from the grade to parapet.

Mr. Maczuga asked for the location of generator, air conditioning, etc. Mr. Monteforte said that has not been decided yet. He said it will be screened.

Mr. Tobia asked if an emergency generator was proposed. Mr. Monteforte said no. Ms. Wilson was concerned about a power outage and elevators not operating. She said if EMT’s needed to get to the third floor it would be difficult. Mr. Monteforte said he would do some research but he felt that emergency generators were required for elevators.

Captain Morris asked about deliveries. Mr. Challoner said most would be UPS, FEDEX. They would use the front door. There will be no truck deliveries.

Ms. Wilson asked what the balcony would be used for. Attorney Collins said it would be esthetically pleasing. It would be used if someone just wanted to get away from the office. Just a

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classy touch. Someone can eat lunch there. It will have no useable office space. Mr. Monteforte said it is more for esthetics. It is only 5’ wide.

Ms. Wilson was concerned about an outage and not having an emergency generator. Mr. Maczuga said for a building this size they may be standard to have an emergency generator.

Mr. Maczuga asked if there was a basement. Mr. Monteforte said no, it will be on a slab.

Captain Morris suggested the applicant meet with the Police Department traffic department regarding construction vehicles.

The application was open to the public.

Dom Nicosia, 5018 Megill Road, was sworn. Mr. Nicosia said his concerns have to do with traffic. He said Megill Road has many children and drivers tend to speed in the area. Attorney Collins said there will be no entrance or exit onto Megill Road. He said they cannot control public streets. Chairman Braun said the Board recognizes the neighbor’s concerns. Attorney Rubino suggested the neighbors get together and come up with what they feel is a solution to the problem and then approach the Township Committee. Committeeman Devlin said if you come to the Township Committee I’m sure we’ll work with you. Mr. Nicosia suggested “No Right Turn” signs He said they have “Children at Play” signs. Mr. Giardina suggested they contact the Police Department for additional signs.

Edwin Rivadeneira, 5014 Megill Road, was sworn. Mr. Rivadeneira had the same concerns as Mr. Nicosia. He said there are 150 extra parking spaces and they will all come out of that building. He suggested making Megill Road a one way. He said he had a concern with the jug handle on Belmar Boulevard and Highway 34. He said sometimes you have to wait 5 – 6 lights. He also stated Megill Road/Wyckoff Road is a very dangerous intersection. He said something has to be done there. He said they have contacted the Police Department to put a truck there to control the speed. He asked Captain Morris if he could have access to those results. Captain Morris said yes.

Mr. Rivadeneira said since Megill Road was paved the traffic is going faster. He agreed with Mr. Nocosia and said there are many children that play on Megill Road and he is concerned for their safety. He said the number of children keep increasing. He said the numbers of cars are also increasing.

Mr. Tobia moved to approve the application for site plan subject to approval of Monmouth County Planning Board, Monmouth County Board of Health, NJDOT, taxes paid to date, ADA compliance. The applicant will comply with the requirements of the Wall Township Affordable Housing Trust Fund. A tree removal permit must be obtained. The applicant will comply with

the review letters of the Board Professionals. The applicant will comply with the review letter from the Wall Township Fire Prevention Bureau and the Wall Township Police Department. The applicant will comply with the requirements of Freehold Soil Conservation District. A soil removal permit must be obtained. An application for Subtitle 1 of Title 39 must be submitted. A preconstruction meeting with the Wall Township Police Department must be scheduled. There

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will be no construction traffic on Megill Road. The applicant will install a Knox box system. The trash enclosure shall be landscaped and buffered. The applicant will provide additional landscaping in the buffer area which shall be approved by the Township Engineer and Township Planner. The applicant shall schedule a meeting with emergency services upon completion of construction for training and awareness of facility. Elevator shall comply with Township ordinance as to design and size. Mechanical equipment shall be screened and blend with building exterior. If a stand by generator is installed it shall comply with fuel and noise regulations. A revised EIS will be submitted to comply with wildlife displacement section to be in compliance with master plan. Exterior design relating to color shall be constructed as presented during testimony and subject to Board Planner approval.

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

10:20 P.M. Mr. Giardina left the meeting.

REVIEW AND RECOMMEND:

A. ORDINANCE NO. 20-2002 – Amending and Supplementing the Land Use Law establishing a Conditional Use in the OP-10 Zone.

Mr. Maczuga explained this will approve the addition of an age restricted, multi family homes in the OP-10 zone. Mr. Tobia suggested the ordinance should be revised and not just a blanket OP-10.

Mr. Tobia moved to further revisit the ordinance so only a portion of the OP-10 zone is affected. Mr. Rible seconded the motion, which was unanimously approved by a roll call vote. (Messrs. Tobia, Rible, Devlin, Morris, Ms. Wilson and Mr. Braun voted yes.)

B. ORDINANCE NO. 21-2002 – Amending and Supplementing the Land Use Law establishing a Conditional Use on Golf courses.

Mr. Maczuga explained this will allow a caretakers residence be permitted on public or private golf courses. There are certain restrictions.

Mr. Devlin moved to recommend to the Township Committee that Ordinance No. 21-2002 be adopted. Mr. Rible seconded the motion, which was unanimously approved by a roll call vote. (Messrs. Devlin, Rible, Morris, Ms. Wilson and Messrs. Braun and Tobia voted yes.)

C. ORDINANCE NO. 22-2002 – Amending and Supplementing the Land Use Law and Development Regulations of the Township of Wall.

Mr. Maczuga explained this ordinance concerns religious organizations. He explained the ordinance.

Mr. Rible moved to recommend to the Township Committee that Ordinance No. 22-2002 be

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

Mr. Devlin moved to approve the minutes of the Regular Meeting and Study Sessions of April 29, 2002, April 30, 2002, May 6, 2002 and May 20, 2002. Mr. Morris 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 10:30 P.M.

Respectfully submitted,

Betty Schinestuhl

Recording Secretary