WALL TOWNSHIP PLANNING BOARD

MINUTES - REGULAR MEETING

MUNICIPAL MEETING ROOM

JUNE 30, 2003

Chairman Braun called to order the regular meeting of the Wall Township Planning Board at 7:35 P.M. Members present were Braun, Tobia, Thomson, Brosnan, Luttman, Farrell, Rible, Kiley, Stacy, 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 announced the Board is welcoming a new member, Robin Stacy. There will be some changes on the Board. Mr. Rible will go from Alternate #1 to Regular Member, Mr. Kiley will go from Alternate #2 to Alternate #1.

Attorney Rubino swore in Robin Stacy as Alternate #2 and Dave Rible as a Regular Member.

Chairman Braun announced it is Roberta Lang’s first anniversary with the Planning Board.

NEW APPLICATIONS

ALLAIRE PROPERTIES, LLC – PB#7-2003 – Airport Boulevard & Route 34N, Block 942, Lots 37 & 57, HB-80 zone. Application deemed complete: February 3, 2003. Applicant proposes to construct a corporate office park containing the following; office buildings, hotel, restaurant and manufacturing building. Site/Use

Salvatore Alfieri, Esq. appeared for the applicant.

Conrad Hall & Scott Hall from Hall Construction were present.

Attorney Rubino said around 4:30 P.M. – 4:45 P.M. he received a call from Attorney Giunco. Attorney Giunco spoke to him about a problem, Hall Construction just learned about the meeting today. The Hall’s found out that their name was not on the list of property owners. Mr. Conrad Hall objected to the application going forward tonight. He said he would like to look over the plans. Attorney Rubino said a Judge reversed an approval because the Board found out there was a mistake before the hearing. Attorney Rubino, to avoid a similar situation, suggested the application be carried to September. Attorney Alfieri said the biggest issue they have is they have a sub-contractor waiting. He said he would like as much time as possible in September. Attorney Rubino said the Board can put you on first but there are others on that night. He suggested a second meeting. Chairman Braun said the Board feels bad that they did not pick this up before tonight. He said there is also an error regarding the size of the buildings. September 29 is open.

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Attorney Rubin suggested a TRC. Attorney Alfieri asked if he could get another meeting. Chairman Braun said we will put you on for the first meeting in October.

Attorney Alfieri asked if the Board could accept jurisdiction. Attorney Rubino suggested Attorney Alfieri have Mr. Hoffmann double check the property owners list. Attorney Alfieri said he will renotice. He said if there were any objectors in the room he would speak to them.

Chairman Braun said this application will be renoticed and heard on September 29, 2003.

RICHARD SEBOLT – PB#14-2003 – 1547 & 1551 Sterling Drive, Block 890, Lots 16 & 24, R-10 zone. Application deemed complete: April 24, 2003. Applicant requests permission for a minor subdivision.

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

Entered into evidence:

A-1 Jurisdictional Items

A-2 Monmouth County Board of Health review letter dated May 5, 2003

PB-1 Review letter from John Hoffmann, Township Planner, dated June 24, 2003

PB-2 Review letter from Glenn Gerken, Schoor DePalma, dated June 26, 2003

Chairman Braun said this is a minor subdivision with no variances. No noticing was required.

Mr. Sebolt said he is making three lots. Attorney Rubino said the house has to come down. Mr. Sebolt said it will prior to signing the deed.

Sworn by Reporter Arnone: Richard Sebolt

Chairman Braun asked Mr. Sebolt if he can comply with the review letters. Mr. Sebolt said yes.

Chairman Braun asked if the applicant agrees that the house must be razed before maps are signed. Mr. Sebolt said yes.

Mr. Luttman 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 Board of Health. The applicant shall comply with review letters of the Board Professionals. The applicant must remove the existing house and garage. No variances or waivers are required. Deputy Mayor Thomson seconded the motion which was unanimously approved by a roll call vote. (Messrs. Luttman, Thomson, Brosnan, Farrell, Kiley, Rible, Ms. Stacy, Messrs. Tobia and Braun voted yes.)

SEA GIRT LTD PARTNERSHIP – PB#4-2003 – 2157 Highway 35, Block 263, Lot 5, HB-80 zone. Date application deemed complete: January 17, 2003. Applicant seeks to construct an

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18,000 s.f. retail building to include a 15,000 retail bookstore and a 3,000 s.f. retail tenant to be determined at a later date. Site 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 Preliminary & Final Site plan prepared by Kenderian-Zilinski last revised January 9, 2003

A-3 EIS prepared by Kenderian-Zilinski dated August 16, 2002

A-4 Soil & Foundation Investigation prepared by Robert J. Carlin, P.E. dated October 1, 2002

A-5 Technical Specifications prepared by Kenderian-Zilinski dated August 9, 2002

A-6 Stormwater Management report prepared by Kenderian-Zilinski dated October 28, 2002

A-7 Monmouth County Board of Health review letter dated January 23, 2003

A-8 Monmouth County Planning Board review letter dated January 27, 2003

A-9 LOI prepared by DEP dated February 26, 2003

A-10 Colored rendering of landscape plan

A-11 Architectural elevation

PB-1 Wall Township Bureau of Fire Prevention review letter dated January 21, 2003

PB-2 Wall Township Environmental Advisory Committee review letter dated January 27, 2003

PB-3 Review letter by Cheryl Bergailo and Elias Sarrinikolaou, Schoor DePalma, dated February 4, 2003

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

PB-5 Wall Township Police Department review letter dated January 20, 2003

PB-6 Review letter by Glenn Gerken, Schoor DePalma, dated May 30, 2003

PB-7 Review letter by Cheryl Bergailo and Elias Sarrinikolaou, Schoor DePalma, dated June 26, 2003

Sworn by Reporter Arnone: Richard Kenderian, Engineer & Planner

Theodore Bubnowski, Architect

Chris Cole, Managing Partner of Terranomics

Glenn Gerken, Engineer

Cheryl Bergailo, Planner

Attorney Middleton said Terranomics Development is the applicant. The site is in a state of disrepair. The applicant wanted to develop the property for a book store. That was what was submitted but there has been a change. They are proposing an 18,000 s.f. building for retail purposes. Attorney Middleton said architecturally the site will be similar to that of Brook 35. It is upscale and fits in Wall Township. The site is located across from Brook 35.

Attorney Middleton said the applicant is applying for three variances. They are applying for a signage variance, loading space variance and driveway setback variance.

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Mr. Kenderian gave his credentials which were accepted by the Board. Mr. Kenderian will testify as both an engineer and planner.

Mr. Kenderian described the site. It is located at block 263, lot 5. The property encompasses 2.13 acres. It has 265’ frontage along Route 35. It is on a two lane undivided highway. It is located 550’ north of the intersection of Sea Girt Avenue. It is now Crest Manor. It is in a state of disrepair. Brook 35 is across the street. There are residents to the south. To the west is a similar complex. The applicant is proposing an 18,000 s.f. one story retail center with a basement. It is located in the HB-80 zone. It will house two tenants.

Mr. Kenderian explained the driveway will be a single access. There will be an entrance on the north and south end of the site. They meet DOT requirements. The applicant has received approvals. They are just waiting for the permits. 108 parking stalls are being proposed. The five handicap stalls will be in front of the building.

Mr. Kenderian explained the landscaping plan. The plan consists of various types of plantings. There will be two rows wide of deciduous trees. There will be 29 evergreens, 74 deciduous shrubs, 106 evergreen shrubs and 28 perennials.

Mr. Kenderian went over the lighting plan. 400 watt shoebox fixtures are being proposed. Two forward throwing fixtures will illuminate the front of the building. Building mounted lights will be on the building to light the service areas. These lights will not face Route 35.

Mr. Kenderian explained the new drainage system. The drainage is surface recharge. It will be a large underground system. There will be an 86% reduction in run-off.

Mr. Kenderian stated the plans will require variances for driveway setbacks. Ordinance requires a 30’ setback from a side property line to a drive. The applicant has proposed 23’ and 28’ setbacks. They were set at those points for alignment. They were approved by DOT.

Mr. Kenderian said the second variance required is for a single loading zone. The ordinance requires two and the applicant is proposing one. There is sufficient space for two, however, that is the area where the applicant wants to put the trash compactor. All deliveries will be made by UPS type trucks. The second loading zone is not needed.

Mr. Kenderian said a 50 s.f. sign is permitted per tenant. What the applicant is proposing is a single sign 50 s.f. and if there is a major tenant we are proposing a 100 s.f. sign. Mr. Kenderian said the applicant is currently proposing two tenants for the building. He said that is not set in stone. Terranomics is negotiating with potential tenants. Attorney Rubino said without knowing who that tenant is we would rather not give the variance now. If you do find a tenant you can come back and request it then. Attorney Middleton said that is fine.

Mr. Kenderian said a waiver of less than 5’ is being sought for curb radii. Mr. Gerken has no objections to that.

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Mr. Gerken said he has no objection to the waiver for building mounted lighting. The building lights should be in the service area only. They should not be facing the front area.

Deputy Mayor Thomson asked if the tenants will have access to the trash compactor. Mr. Kenderian said no, that will be for a major tenant. It will be fully enclosed.

Mr. Kiley asked if, being you don’t know who the tenant will be, will one loading zone be enough. Mr. Kenderian said usually in a strip mall configuration with smaller shops most deliveries are made by UPS or Federal Express. If an extended delivery time is needed there is space along the side of the building for the driver to park.

Mr. Tobia, going back to landscaping, asked that additional landscaping be added on the residential side. Attorney Middleton agreed.

Attorney Rubino asked if there was anything in the review letters that the applicant could not comply with. Mr. Kenderian said, regarding the second planning letter the parking space requirements of retail versus restaurant tenants. There is no restaurant.

Mr. Kenderian said, regarding page 4 Item A, we will add 17 trees. We will comply with everything else.

Mr. Kenderian said, regarding page 4 Item F, said there is not adequate room to do this. Ms. Bergailo said then they will need design waivers for that. We will work with the applicant on finding a plant that can grow in that place.

Chairman Braun said if any type of restaurant should go in there you have to come back to the Board. Attorney Rubino said that is because of the parking requirements. Attorney Middleton said the ordinance is specific. He said if the applicant complies with those requirements I would request that we don’t have to come back. Attorney Rubino said we want to know who is going to be there. Attorney Middleton asked if it could be done administratively. Chairman Braun said we have not agreed to it in the past. He said if there is going to be daily food deliveries the Board is not happy with the loading zone layout.

Mr. Kenderian said, regarding page 4 Item G, we would like a waiver. Mr. Tobia said the Board wants as many trees as possible in a retail use. Mr. Kenderian said they will comply.

Chris Cole a managing partner testified. Mr. Cole said Terranomics has had great success with Brook 35. We will try to enhance the site. Mr. Cole said they will lease the space to a good quality tenant. We will keep the same quality as Brook 35.

Attorney Middleton asked Mr. Cole about the loading zone. Mr. Cole said tenants are now using less and less storage space. They get deliveries more frequently. There is no need for loading zones.

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Mr. Cole said the architectural will resemble Brook 35. We will keep with the same style and color as Brook 35.

Mr. Tobia said you are proposing a basement. It will be for storage and mechanicals only. Mr. Cole agreed.

The application was open and closed to the public.

Mr. Tobia moved to approve the application for site plan subject to payment of taxes and applicable assessments. The applicant will comply with requirements of Freehold Soil Conservation District, Monmouth County Planning Board and Monmouth County Board of Health. The applicant will obtain approvals from DEP and DOT. The applicant will comply with Wall Township Affordable Housing Trust Fund and ADA requirements. The applicant will obtain a tree removal permit. The applicant will comply with review letters from the Board Professionals, Monmouth County Board of Health, Wall Township Police Department, Monmouth County Planning Board, Wall Township Board of Fire Prevention, Wall Township Environmental Advisory Committee and NJDEP. Waivers are granted as requested along with variances. The applicant shall submit application for Subtitle 1 of Title 39. The applicant shall enhance buffer landscaping with mixed evergreens and seasonal plantings subject to Board Planner review. The applicant shall modify planting strip along perimeter of parking subject to Board Planner approval. If restaurant and/or food service is proposed applicant shall resubmit application. The applicant shall schedule a preconstruction meeting with the Wall Township Police Department. The applicant shall install a Knox Box system. The applicant shall submit a landscaping plan for Board Planner and Engineer approval. Basement area shall be restricted to storage and mechanical use only. Any street disturbance shall be resurfaced prior to issuance of a C.O. Deputy Mayor Thomson seconded the motion which was unanimously approved by a roll call vote. (Messrs. Tobia, Thomson, Brosnan, Farrell, Kiley, Luttman, Rible, Ms. Stacy and Mr. Braun voted yes.)

The Board recessed at 8:35 P.M.

The meeting resumed at 8:47 P.M.

L J & T INC. – PB#11-2003 – 1352 Warren Avenue, Block 273, Lot 6.01, HB-80 zone. Application deemed complete: March 27, 2003. Applicant proposes to demolish the existing office building and construct a two-story building with retail on the first floor and offices on the second floor. Site

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

Celeste Miller, Esq. appeared for the applicant.

Entered into evidence:

June 30, 2003 Page 7

A-1 Jurisdictional Items

A-2 Preliminary & Final Site plan prepared by R.C. Associates last revised June 5, 2003

A-3 North American Industrial Classification prepared by Ray Carpenter, P.E. dated March 17, 2003

A-4 Survey map of block 273, lot 6.01 prepared by Joseph Lazok, P.L.S. dated October 29, 2002

A-5 EIS prepared by Ray Carpenter, P.E. dated March 2003

A-6 Stormwater Management Report prepared by Ray Carpenter, P.E. last revised June 10, 2003

A-7 Engineer’s Report & Technical Specifications prepared by Ray Carpenter, P.E. dated March 2003

A-8 Monmouth County Board of Health letter dated April 14, 2003

A-9 Letter from Ray Carpenter, P.E. to Glenn Gerken, Schoor DePalma, indicating that a soil removal permit will be required dated June 9, 2003

A-10 Letter from Ray Carpenter, P.E. to Glenn Gerken, Schoor DePalma, indicating result of soil borings dated June 9, 2003

A-11 Colored rendering

A-12 Rendering of sheet 5 of landscape plan

A-13 Rendering of sheet 3 of site plan, sheet 4 grading and utility plan

A-14 Sample of Owens Corning exterior stone

A-15 Sample of Benjamin Moore color pallet – Swiss Coffee

PB-1 Review letter from Cheryl Bergailo, Schoor DePalma, dated April 18, 2003

PB-2 Review letter from Glenn Gerken, Schoor DePalma, dated May 1, 2003

PB-3 Review letter from Wall Township Environmental Advisory Committee

PB-4 Review letter from Wall Township Bureau of Fire Prevention dated May 15, 2003

PB-5 Review letter from Cheryl Bergailo, Schoor DePalma, dated June 23, 2003

PB-6 Review letter from Glenn Gerken, Schoor DePalma, dated June 27, 2003

Sworn by Reporter Arnone: Ray Carpenter, Planner

Tim McDanel

Glenn Gerken, Engineer

Cheryl Bergailo, Planner

Attorney Miller said there is a two-story residential looking structure on the lot now. It is being used as office space. There is also a detached garage. The applicant is proposing to construct a new two-story building. There will be office space on the second story and retail space on the first floor. She said there is no lease with anyone yet. If a restaurant or other food service is considered we understand we would have to come back before the Board for approval. There is a slight difference in square footage between the first and second floors. The first floor will be between 6,099 and 6,096 s.f., the second floor will consist of approximately 5,949 s.f. for a total of 12,048 s.f.

Chairman Braun asked for the height of the building. Attorney Miller said in the review letter of June 23, 2003 it stated there was an issue with height. She said her engineer has reviewed the

June 30, 2003 Page 8

letter. She said they are not looking for a height variance. We will comply with what the ordinance requires.

Ray Carpenter gave his credentials which were accepted by the Board. Mr. Carpenter will testify both as an engineer and planner.

Mr. Carpenter said after going over the ordinance regarding height the building will not exceed 35’. Measuring from the center of the building to peak it is around 31’.

Mr. Carpenter described the site. It is located behind the Eckerd drugstore on Route 35. You cannot see it from Route 35. Across the street are residential homes, a car wash and a gas station.

Mr. Carpenter said the township ordinance requires a 75’ buffer between commercial and residential properties which the applicant will provide. He said no buffer is required between the proposed building and the adjacent drugstore.

Chairman Braun asked how much soil will be removed from the site. Mr. Carpenter said there is a significant amount of oaks and that is the primary reason for the retaining wall. We will maintain as many of the trees as possible. We tried to save the trees along Warren Avenue but they are in the ROW. He said there isn’t much they can do about saving those trees. There will be approximately 6,000 cubic yards of soil removed. Mr. Carpenter said a retaining wall will be placed in the buffer behind the proposed building. It will not be unsightly to the eye. After a few years you won’t even know the wall is there.

Mr. Carpenter stated the applicant is asking for a number of waivers. Mr. Gerken said he has no problem with the Board granting the waivers.

Chairman Braun asked where Mr. Carpenter stands with Ms. Bergailo’s review letter of June 23, 2003. Mr. Carpenter said the only comments that he has are relative to the air conditioning units and the plantings requested to screen the parking lot from Warren Avenue. He said they would like to plant deciduous trees instead of screen the site from Warren Avenue. We are providing a lot of shrubs to provide screening. Ms. Bergailo said she is asking the applicant to extend the plantings to the north where there are no plantings. Mr. Carpenter said he has no problem with that.

Mr. Carpenter said, regarding the air conditioning units, the only comment is the units are going to be placed at the rear of the building. There is a 75’ buffer between the building and the residents. There should be no noise pollution. We would like to leave the units along the back of the building. Ms. Bergailo asked if that was the south side of the building. Mr. Carpenter said the right hand site. Ms. Bergailo said the entrance will be on the south side. Mr. Carpenter said yes. Ms. Bergailo said in that case it would be logical to have it on the east side of the building. Mr. Carpenter said from a zoning stand point that is a side yard not a rear yard. Ms. Bergailo said there are more people to the rear than to the side. She asked if the units can be shielded. Mr. Carpenter said he is sure they can be shielded. Mr. Carpenter said the units will be between the

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walkway and the buildings.

Mr. Tobia said the applicant does not know how many tenants at this time. Mr. Carpenter agreed.

Mr. Tobia said a landscaping buffer must be put around those units subject to Board Planner approval. Mr. Carpenter said he is ok with that.

Deputy Mayor Thomson asked if the buildings were going to be stick or pre-fab. Mr. Carpenter said stick.

Mr. Carpenter said they will comply with the remainder of Ms. Bergailo’s letter.

Mr. Tobia asked if a truck is going to be able to access the trash enclosure. Mr. Carpenter said a front or rear loading truck can get to the dumpster.

Mr. Carpenter said, referring to Mr. Gerken’s review letter of June 27, 2003, Mr. Gerken did receive the soil information he requested. He said there is no need for a 25’ grading buffer because they are putting in a retaining wall. Mr. Gerken has received the information regarding the underground detention basin calculations and the soils and groundwater report. Mr. Gerken said he did receive the information. Mr. Gerken said the removal of 6,000 cubic yards of soil will have to be approved by the Township Committee.

Mr. Carpenter said they will comply with the other comments in Mr. Gerken’s letter.

Mr. Tobia said a landscape plan must be submitted and approved by the Board Planner. Mr. Carpenter agreed.

Mr. McDanel said he purchased this property November 2002. He is proposing to demolish the existing structure and construct a new building. He said his office is currently in the existing structure. Chairman Braun said you are currently occupying the existing building. Mr. McDanel said he is planning on staying in the existing building until the new one is complete. The existing building is located on the street side of the setback line. If you look on the site plan the two buildings will not conflict with one another. Mr. Tobia said we are not going to get into a situation like we did in another part of town. The existing building must be razed before the maps are signed. Attorney Rubino said this Board acts on plans that are submitted to the Board. Based on those plans that building is down. We require existing buildings to come down prior to maps being signed. It is difficult for us to allow a building to remain and you construct a new building. Mr. McDanel said that would be an extreme hardship for him. I would have to move everything twice.

Deputy Mayor Thomson said the applicant is going to remove 6,000 cubic yards of earth. You want to move from the building you are in now to the new building which will require a C.O. We are not going to allow that. You are not going to get a C.O. with another building sitting on the lot. Chairman Braun said the Board is not going to leave one building up while constructing the

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new building. Mr. McDanel said he would take it down.

The application was opened to the public.

Susan Hector, Warren Avenue, was sworn. Ms. Hector asked if a traffic study was done of Warren Avenue. This project will greatly increase traffic on Warren Avenue. Getting out of our driveway is quite a feat. Mr. Carpenter said a traffic study was not done. Based on the proposed use it will be low volume. Only one-third of the site is being developed. Chairman Braun said it is zoned for this use. He said the Board did mention at the beginning if any section was used for a convenience store they would have to come back before the Board. This is not going to be that type of store. Ms. Hector said they don’t know what type of use it will be. Mr. Carpenter said none of the stores considered has a high volume type of use. Mr. McDanel said it will not be a 7-11 or ice cream store. We thought about a book store. Whatever store it will have a slow turnover.

Ms. Hector said the air conditioning units will face her backyard. She asked how many decibels is the air conditioning unit going to be emitting. Mr. Carpenter said he believes there is a Township ordinance and we will meet that. The air conditioning unit will be drowned out. It will be next to the building and there will be a retaining wall.

Ms. Hector asked about the trees being removed. She asked how much clearing will be done between the site and her property. She asked if there was an entrance to the back of the building that faces her property. Mr. Carpenter said there are proposed sidewalks at the rear of the building. The rear entrance will be for fire safety to exit the building. It will also be used for servicing the building. It is not going to be an entrance for employees. There will be no deliveries at the rear entrance.

Mr. Carpenter said some clearing will need to be done for the retaining wall. The area will be replanted. We will not clear anything within 50’ of your property line.

Chairman Braun said the Board allows a retaining wall so that all the existing large trees can stay. They will leave as much vegetation as possible.

Mr. Gerken asked how many feet will the dumpster be from the property line. Mr. Carpenter said they will not clear anything within 50’ of the property line. Mr. Tobia said a snow fence will be erected so nothing will be cleared with that 50’ space.

Ms. Hector asked about deliveries. Mr. Carpenter said the loading zone will be on the south portion of the parking lot. Most deliveries will be made by UPS type trucks.

Ms. Hector asked about lighting. She asked where will the lights be and how long will they be on. Mr. Carpenter said they will be with ordinance limits. He said he does not think she will see any lights at all from her property.

Carol Keller, Spring Lake Heights, was sworn. Ms. Keller said her concern is traffic. Warren

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Avenue is a major access road. It is very hard to get in and out of our driveway. If this was just going to be an office building that would be great. She said they will be loosing so much land and trees. Chairman Braun said this was a concern when Eckerd came in. The Board made changes regarding buffering. Deputy Mayor Thomson said the buffer is now three times more. Commercial buffering is only 25’.

Ms. Keller said Eckerd has not maintained the buffer. Chairman Braun said we will address that.

Ms. Hector said she lost her commercial zoning way back when. She said Mr. Verruni told her it would protect the area from further building. This site was to be used just as an office building. Office buildings are much less intrusive than retail.

Ms. Hector asked how many units will the proposed building have. Mr. Carpenter said there may be as many as four units, it may just be one.

Ms. Hector said each one of those units will have a sign outside. Mr. Carpenter said there will be one sign outside on Warren Avenue. We will comply with the Township ordinance.

Attorney Rubino explained convenience stores are not allowed here. No fast food, no restaurant and no convenience stores.

Marguerite Kiley was sworn. Ms. Kiley asked how many offices will be in this building. Mr. Carpenter said there is 5900 s.f. of office space. There may be five or six offices. Ms. Kiley asked where their signs will be. Mr. Carpenter said one out in front of the building and there is one sign proposed for the side of the building.

Ms. Kiley asked about the entrances. Mr. Carpenter said there will be two doors on the Warren Avenue side and the remainder on the west side.

Ms. Kiley asked why the air conditioning units can’t face Eckerd. Chairman Braun said they are going behind the building. Ms. Kiley said wouldn’t they be better next to a store than next to a resident?

Ms. Kiley asked how many retail stores will there be. Mr. Carpenter said between one and four.

Ms. Kiley asked about sidewalks in front of the building. Mr. Carpenter agreed to install sidewalks.

Ms. Kiley asked how many parking spaces are being proposed. Mr. Carpenter said 79.

Mr. Gerken said, regarding the sidewalks along Warren Avenue, there are a lot of trees. Mr. Tobia said the sidewalks would be subject to Mr. Gerken’s approval. Mr. Carpenter said all the trees are in the County ROW.

Deputy Mayor Thomson asked if a basement was proposed. Mr. Carpenter said no.

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Mr. Tobia moved to approve the application for site plan subject to payment of taxes and applicable assessments. The applicant shall comply with the review letters of the Board Professionals. The applicant will comply with requirements of Freehold Soil Conservation District, Monmouth Board of Health and Monmouth County Planning Board. The applicant will obtain approval from DOT. The applicant will comply with Wall Township Affordable Housing Trust Fund and ADA requirements. The applicant will obtain a tree removal permit. The applicant will comply with review letters from Wall Township Fire Prevention, Monmouth County Board of Health and Wall Township Environmental Advisory Committee. Waivers and variances are granted. The applicant shall submit application for Subtitle 1 of Title 39. The applicant shall install a Knox Box system. The applicant shall schedule a pre-construction meeting with Wall Township Police Department. The applicant shall enhance buffer landscaping with mixed evergreens and seasonal plantings subject to Board Planner approval. Exterior façade and color scheme shall be approved by Board Planner. If a restaurant and/or food service are proposed in the future applicant shall resubmit an application. Landscape buffer and roadway resurfacing shall be complete prior to issuance of a C.O. Applicant shall substitute white pines with other evergreen species subject to Board Planner approval. Existing structure shall be demolished prior to final signatures on map. HVAC units’ location and buffering shall be approved by Board Planner and Engineer. Applicant shall delineate clearings and erect snow fence. Applicant shall construct sidewalks along Warren Avenue subject to Board Planner approval. If basement is proposed it shall be used for storage and mechanicals only. A retaining wall shall be constructed with the 75’ buffer. A soil removal permit to remove in excess of 500 cubic yards of soil shall be applied for subject to Township Committee approval. Deputy Mayor Thomson seconded the motion which was unanimously approved by a roll call vote. (Messrs. Tobia, Thomson, Brosnan, Farrell, Kiley, Luttman, Rible, Ms. Stacy and Mr. Braun voted yes.)

RESOLUTIONS TO BE MEMORIALIZED

THE MONMOUTH – PB#41-2002

Block 817, Lot 2

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

RDA CONSTRUCTION MANAGEMENT – PB#12-2003

Block 297, Lots 4 & 5

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

ORCHARDS @ WALL – PB#5-2003

Block 319, Lot 13

June 30, 2003 Page 13

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, Farrell, Luttman, Rible, Tobia and 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 10:10 P.M.

Respectfully submitted,

Betty Schinestuhl

Recording Secretary