WALL TOWNSHIP PLANNING BOARD

MINUTES - REGULAR MEETING

MUNICIPAL MEETING ROOM

JULY 1, 2002

Chairman Braun called to order the regular meeting of the Wall Township Planning Board at 7:35 P.M. Members present were Braun, Tobia, Giardina, Kean, Thomson, Devlin, Morris, Wilson, Rible, Attorney Rubino, Engineer Gerken, Special Planner Maczuga, Planning Board Secretary D’Andrea, Recording Secretary Betty Schinestuhl and Court Reporter Arnone.

Chairman Braun announced the meeting was being held in accordance with the “Sunshine Law” and a resolution adopted on January 7, 2002.

Chairman Braun announced that the microphones do not work. Everyone needs to speak loudly.

CARRIED APPLICATION

WEICHERT REALTORS – PB#44-2001 – 2165 Route 35, Block 263, Lot 3, HB-80 zone. Date application complete: November 13, 2001. Carried from March 25, 2002 and May 20, 2002. Applicant seeks to remodel the existing first floor, add a second floor and reconstruct existing parking lot. Site Plan with Variance.

Attorney Mancuso said they are withdrawing the application. Chairman Braun said the Board accepts the withdrawal without prejudice.

Chairman Braun announced there are three matters before the Board. The Board will hear Jost, Weir and Montenelli.

NEW APPLICATION

ROBERT JOST - PB#16-2002 – 1623 Marconi Road and 1600 Wight Street, Block 113, Lots 12 and 14, R-15 Zone. Date application complete: June 18, 2002. Applicant seeks to subdivide lots 12 and 14 into two new lots. Minor subdivision with no variances.

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

Michael Magee, Esq. appeared for the applicant.

Mr. Tobia stepped down on this application.

Entered into evidence:

PB-1 Review letter from Glenn Gerken dated June 28, 2002

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

A-1 Map prepared by T. Stuart dated March 14, 2002, revised May 12, 2002

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Attorney Magee said this is a minor subdivision with no variances. He said they do not have a problem with complying with the review letters from the Board professionals.

Mr. Gerken said the right-of-way makes it slightly non-conforming. He said move the lines and that will make it conforming.

Mr. Giardina moved to approve the application subject to payment of taxes, Monmouth County Planning Board approval. The applicant will comply with the requirements of Board of Health. The applicant will comply with the letters of the Board professionals. The driveway will be located on Wight Street. Mr. Rible seconded the motion which was unanimously approved by a roll call vote. (Messrs. Giardina, Rible, Thomson, Devlin, Morris, Kean, Ms. Wilson and Mr. Braun voted yes.)

CARRIED APPLICATIONS

DONALD AND PATRICIA WEIR – PB#6-2002 – 1616 Walnut Street, Block 118, Lot 68, R-7.5 zone. Application complete: March 5, 2002. Carried from May 5 and May 20, 2002. Applicant seeks minor subdivision. Minor with variances.

Entered into evidence:

PB-5 Review letter from John Maczuga dated June 20, 2002

PB-6 Review letter from John Maczuga dated June 24, 2002

PB-7 Review letter from Glenn Gerken dated June 28, 2002

PB-8 Review letter from John Hoffmann dated June 20, 2002

A-12 Elevation of proposed home

A-13 Map prepared by Kenderian-Zilinski dated February 13, 2002, revised June 14, 2002

Attorney Weir stated the applicant has agreed to add additional property to the Juliette Street lot to increase the lot area.

Mr. Weir said he would add 25” to the east portion of the property. He said it would now be 10,000 s.f.

Mr. Weir said they will move the house from 25’ to 35’ from the front setback.

Mr. Weir said the first floor would be 1500 s.f. The exhibits showed the house to be 32’ X 34’. He said the total would be 1960 s.f., a little over 2000 s.f. including the garage.

Mayor Thomson went over the history of the property. Mr. Pittenger said this was the last piece of property not in the subdivision. Mayor Thomson asked if it was purchased for a road. Attorney Weir said yes. He said it was going to be a continuation of Walnut Street.

Mr. Pittenger, already sworn, said prior to the subdivision the parcel included this piece. It was not a separate piece. He said they purchased two lots, Block 118, Lots 24 and 51. He said they

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were already merged. He said they were going to create a cul de sac. He said it was just excess land when they were done with the subdivision. He said it was half the required size at the time. He said they eliminated the dead end. He said Mr. Weir purchased the back piece of the mother lot.

Attorney Weir asked Mr. Weir to explain to the Board about the plans. Mr. Weir explained they are moving the house an additional 10’ back. Captain Morris said the front setback has increased would the length of the driveway also be increased. Mr. Weir said the driveway will also be increased by 10’. Captain Morris asked if this would be a single width driveway. Mr. Weir said he did not come into this with any specific home in mind.

Captain Morris said his concern is cars parking on the curve. Mr. Weir said once the trees are removed there will be a lot more visibility. Mr. Giardina stated he felt the driveway was on the wrong side. He stated the driveway should be furthest from the curve.

Chairman Braun asked Mr. Gerken if he had any concerns. Mr. Gerken said the speed limit on Juliette Drive is 25 mph. Mr. Gerken stated the driveway should be built as far from the curve as possible.

Mr. Giardina asked if Mr. Weir ever had a problem with people coming through his lot. Mr. Weir said yes, sometimes children walk or ride their bikes through his property. He said the wooded portion of the lot is so far from the house he has no way of monitoring the activity in that area. Committeeman Devlin said he thinks that problem will exist regardless of how the property is divided.

Mr. Maczuga suggested a “T” driveway, which would allow cars to turn around before leaving the driveway. Mr. Weir agreed.

Mayor Thomson said he would like to see some sort of footprint so the Board can judge the impact on the neighborhood. He said the overall should not be more than 2200 s.f. Mr. Weir said the one thing he did not want to be held to is the foot print of 32’ X 34’.

Mayor Thomson said the Board would need to see what the foot print would be. This is an undersized lot. Chairman Braun suggested the Board set parameters, a 35’ front setback; a maximum width of 35’; and a maximum s.f. of 1,100 s.f. on the first floor. He said the house could be as long as he wishes as long as the area of the first floor does not exceed 1,100 s.f. including the garage. The garage would be located on the northeast side of the house.

Mr. Robert Yuro, already sworn, went over drainage issues. He said Mr. Gerken recommended a dry well be provided. He said a 500 gallon dry well for a 25 year storm would be a very large structure. He said about 78% of the homes drain onto the existing grade. He said all of the roof leaders will drain to the front lawn and then onto Juliette Drive. Mr. Gerken said the run off would increase going from a wooded area to a cleared area. He still suggested the dry well.

Mr. Yuro said a 2% swale will go along the north property line and out to the street. He said there is a low spot on the south side but it is a small isolated area. Attorney Rubino said if the

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application is approved the applicant will have to submit a grading and drainage plan to Mr.

Gerken for his approval.

The application was open to the public.

Mike Durik said his house is across the street from the Weir’s property. His concern is cars backing out of the driveway. Chairman Braun said there will be a “T” driveway so they won’t have to back out.

Heather Stout, Forrest Street, was sworn. She said the speed limit is 25 mph and nobody goes that. She said the lot should be left alone.

Susan Butz presented the Board with some photos of the wooded portion of the Weir property. She showed that the lot is not dangerous and it is not an eyesore.

Entered into evidence:

OB-1 Photo taken from Butz property

OB-2 Photo of front of property

OB-3 Photo of children in woods

OB-4 Photo taken from curb of property

Mrs. Butz said she will be looking at another driveway from hers. She said the lot is not dangerous or an eyesore. She said when her and her husband purchased the property they did because the zoning prohibited the subdivision of the Weir lot. She said the Board is considering an application which would increase the density of the property. She said this would damage her property value. Chairman Braun asked how she would feel if they cleared the land and put up a fence. Mrs. Butz said she would prefer that to a driveway 10’ from hers.

Richard Butz said this is against the master plan. He said this application does not benefit the township or the neighbors.

Mr. Weir said showing photos of children on his property does not diminish the liability.

Attorney Weir said this is an improvement to the neighborhood. He said it would be better for the township to have a house on the property instead of a wooded lot. He said 32% of the lots in that area are non-conforming. He said the applicant has tried to both purchase additional property and sell his property. He said if a house is built you can take control of the property otherwise you may have an eyesore. He said the house will be setback and small.

Mr. Tobia asked Mr. Maczuga if the applicant decided to put a garage on the property would they have to conform with all the setbacks. Mr. Maczuga said yes.

Mr. Giardina made a motion to approve the application subject to the applicant complying with the review letters of the Board Professionals. The application is approved subject to the payment of taxes and applicable assessments, approval from Monmouth County Planning Board

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and Monmouth County Board of Health. The applicant must obtain a tree removal permit. A

landscaping and grading plan must be submitted to Mr. Gerken for his approval. The driveway will be located 5’ from the property line on the northeast side. A “T” driveway will be installed. A storm water run-off plan must be submitted to the Engineer for his approval. The proposed dwelling will be 35’ from the right-of-way. The dwelling will be no more than 35’ wide and a total area of 2200 s.f., 1100 s.f. on the first floor including the garage. There was no second.

Mr. Kean moved to deny the application. Ms. Wilson seconded the motion which was approved by a roll call vote. (Mr. Kean, Mrs. Wilson, Messrs. Rible, Morris, Tobia and Braun voted yes. Mr. Giardina voted no.) This application was denied.

9:00 P.M. Mr. Giardina left the meeting.

The Board recessed at 9:00 P.M.

The meeting resumed at 9:15 P.M.

ANTHONY R. MONTANELLI – PB#27-2001 – 2415 Highway 35, 2423 Highway 35 and 2425 Highway 35, Block 811.11, Lots 15, 31 and 17. Date application complete: March 25, 2002. Applicant seeks to construct building and additional parking on premises for sale of new and used cars.

Entered into evidence:

PB-1 Review letter from Glenn Gerken dated May 7, 2002

PB-2 Review letter from John Maczuga dated June 28, 2002

PB-3 Letter from Wall Township Police Department dated June 30, 2001

PB-4 Letter from Wall Township Fire Prevention dated June 27, 2001

PB-5 Monmouth County Board of Health letter dated June 20, 2001

PB-6 Monmouth County Planning Board letter dated May 14, 2001

PB-7 Freehold Soil Conservation letter dated February 27, 2002

PB-8 Review letter from Glenn Gerken dated June 27, 2002

PB-9 Review Letter from John Maczuga dated June 26, 2002

PB-10 NJDOT access permit dated June 11, 2002

A-1 Jurisdictional Items

A-2 Map prepared by Kenderian Zilinski dated January 29, 2001, revised June 14, 2002

A-3 EIS prepared by Kenderian Zilinski dated June 11, 2002

A-4 Storm water Management report prepared by Kenderian Zilinski dated February 8, 2001, revised June 18, 2002

A-5 Technical Specifications prepared by Kenderian Zilinski dated February 12, 2001

A-6 Project Engineer’s letter dated June 21, 2002

A-7 Drainage easement dated May 9, 2001, revised May 25, 2001

A-8 Colored rendering

A-9 Phase I plan

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A-10 Phase I plan (reverse side) photos

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

Attorney Rubino said that the Board should hear this matter. The use is within two miles of new

and used car dealers. There is a proximity issue. The ordinance was changed in May 2001.

Timothy B. Middleton, Esq. appeared for the applicant.

Attorney Middleton said the dealership has been in operation for about 45 years. Attorney

Middleton said this application is for an office building behind Volvo. The property is

approximately 5 acres. Attorney Middleton explained that there was to be an office complex behind the Volvo. He said residents objected to the proposal. He said a residential lot was created and a home was built on it. Mr. Montenelli kept the remainder of the lot. He said the proposal will be in two phases. The first will add parking for autos and customers. The second phase will proposes to construct a 10,000 s.f. addition to the existing building. Attorney Middleton stated before construction of the addition the applicant must appear before the Planning Board to obtain final site plan approval. Mr. Montenelli agrees to maintain a 75’ buffer. He said the property is in the HB-40 zone. Parking spaces will be added to store cars. He said this is the lesser impact on this site.

Attorney Middleton said the applicant proposes two phases. Phase I is for parking. Phase II is for the building.

Sworn by Reporter Arnone: Glenn Gerken, Township Engineer

John Maczuga, Special Planner

Dan Bush, Planner and Engineer

Mr. Bush gave his credentials as a planner and engineer which were accepted by the Board.

Mr. Bush said he helped design the plan. He said the auto body shop will be to the north. They will renovate the existing driveway along Route 35. There will be one way in and one way out. There will be grass and buffering along the front. There will be one detention basin and one recharge basin. The applicant is proposing to erect a 10,000 s.f. addition in the back. Mr. Bush explained the buffer will contain evergreen, Mount Laurel, holly and deciduous trees. Attorney Middleton stated the applicant proposes to maintain the 75’ tree line as a buffer. Mr. Bush said that is correct.

Mr. Bush explained the grading difference between the subject site and the adjacent residents. He said this will call for a retaining wall. Mayor Thomson asked if the retaining wall will enter the 75’ buffer. Attorney Middleton said they will maintain the 75’ buffer.

Mr. Tobia said the 75’ buffer should be delineated with fencing subject to plan approval. Attorney Middleton said they can do that.

Captain Morris asked what would be the highest point of the retaining wall. Mr. Bush said 7’. Captain Morris said he is concerned about someone falling off. Mr. Bush said the wall can

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basically be 5’. He said they can put up a fence around the wall. Attorney Middleton said along the area where the wall is 5’ – 7’ they will put a chain link fence. It will be black vinyl. Mr. Tobia said it would be a good idea for security reasons. He said the fence should go along the entire back. Mr. Bush said in the last 3 – 5 years there has only been one case of vandalism. Attorney Middleton said if that is what the Board wants we will agree.

Chairman Braun asked about the level of lighting. Mr. Bush said the fixtures will be shoebox fixtures which direct the light downward and away from the neighbors. They will be 30’ tall. Chairman Braun said he would like the poles as low as possible. Attorney Rubino said the Board is concerned some of the lighting will bother the neighbors. He suggested a lighting plan be submitted to the engineer. Mr. Gerken suggested 20’ poles and Attorney Middleton agreed. Mr. Bush said if they use lower fixtures there will have to be more. Attorney Middleton said they are fine with 20’ poles and seven fixtures. There will only be three – four fixtures on when the dealership is closed.

Captain Morris asked about the loading zone. Captain Morris said the car carriers unload on Route 35. Attorney Middleton said they are proposing a loading zone so the cars will not be unloaded on Route 35.

Attorney Middleton went over the review letter from Mr. Gerken. Mr. Bush said they will comply with Mr. Gerken’s letter. Mr. Bush testified that the auto body shop will only be used for the Volvo dealership. He said they are requesting a variance for front yard setback. He said 50’ is required and 36.4 is proposed.

Mr. Bush said the applicant needs approval for undersized parking stalls. He said the parking stalls in this proposal are for storage of cars only. He said customers will not park there.

Mr. Bush stated there will be some soil removal. He said they will keep as much of the existing grade as possible. Mr. Gerken said they must get a soil removal permit.

Attorney Middleton said they will comply with the review letter from Mr. Maczuga. Attorney Middleton said one of the neighbors’s complained about hearing the pick up of garbage. He said if they move it to the rear it will be louder. Mr. Tobia suggested putting it on the south side and move it back but keep it on the side. Attorney Middleton said they have no problem with that.

Mr. Bush went over the signage. He said there are currently three building signs on the main building. He said exhibit A-10 shows the signs. He said there are three freestanding signs and one for the auto body shop.

Mr. Gerken said there are no drainage problems.

The application was open to the public.

Christopher Meikle, 2404 Appleridge Circle, asked if something can be done so the lights don’t shine at the rear of the building. Mr. Bush said the lights that he is referring to will be removed. Mr. Meikle asked if the lights they are proposing are less intense. Mr. Bush said yes. Mr.

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Meikle asked about the loudspeaker. He said he can hear it all day long. Chairman Braun stated the Board needs to make no speakers a condition. Mr. Meikle was also concerned about trash pick-up. He said they start at 5:00 – 5:15 A.M. Attorney Middleton said they will talk to the contractor and tell them not to pick up trash until 7:00 A.M. Captain Morris said there is a noise ordinance. It is 12:00 A.M. – 7:00 A.M.

Ed Turanski, 2410 Appleridge Circle, was sworn. Mr. Turanski said the noise is a problem. He said he also doesn’t care for the amount of trees that are going to come down.

John Tiano, 2402 Appleridge Circle, was sworn. He stated he has concerns regarding the lighting. He said in the winter there are no leaves on the trees. He suggested extending a fence along the rear of the property. Attorney Middleton agreed.

The application was closed to the public.

Mr. Maczuga stated the applicant agreed to plant some street trees in the front. Attorney Middleton agreed.

Captain Morris asked about deliveries. Attorney Middleton said there are three deliveries a week, four at the most. Captain Morris said deliveries should be during business hours only. Attorney Middleton agreed.

Mr. Tobia moved to approve the application for Preliminary and Final Site Plan for Phase I and Preliminary Site Plan for Phase II subject to the applicant complying with the review letters of the Board Professionals, payment of taxes and applicable assessments and review letter from the Wall Township Fire Prevention Bureau. The applicant will comply with the requirements of NJDOT, NJDEPE, Monmouth County Board of Health and Freehold Soil Conservation District. The applicant must get approval from Monmouth County Planning Board. The applicant must comply with the Wall Township Affordable Housing Trust Fund and be ADA compliant. The applicant must obtain a tree removal permit. The applicant shall submit an application for Subtitle I of Title 39. The applicant shall install a Knox Box System. The applicant shall schedule a pre-construction meeting with the Wall Township Police Department for construction traffic. Construction start and stop times shall conform with Township ordinances. The buffer area shall not be disturbed during construction. Additional evergreen plantings shall be installed subject to Board Planner review and approval. The lighting shall be shielded and directed away from residential area. Additional landscaping is required throughout parking area subject to Township Planner approval. Buffer shall be delineated with snow fencing subject to Board Engineer approval. The applicant will install a black vinyl fence along the rear line. Lights to be a maximum of 20’ high with a maximum of seven and only three on after hours. There shall be no displays on grass areas. There shall be no loading or unloading of cars on Highway 35. A lighting plan shall be submitted for Board Engineer approval. No outside loud speaker and/or

audio shall be permitted. Basin maintenance plan shall be submitted to Board Engineer. Deliveries shall be only during normal business hours. The variance for front yard to allow existing 36.4’ where 50’ is required; the variance for signage to allow existing three signs at 202 s.f. where one sign at 150’ is allowed; variance for parking setback to allow 5’ where 10’ is required; variance for driveway/accessibility setback to property lines to allow existing 0’ where

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5’ is required; variance to allow 8’ X 18” parking spot where 19’ is required; variance for lighting to allow in excess of 0.5 candles between property lines; variance for trash enclosure shall be allowed in front yard where not permitted are all approved. Waivers are granted as requested. Mr. Thomson seconded the motion which was unanimously approved by a roll call vote. (Messrs. Tobia, Thomson, Devlin, Morris, Kean, Ms. Wilson, Messrs. Rible and Braun voted yes.

RESOLUTION TO BE MEMORALIZED:

CJS INVESTMENTS – PB#8-2002

Attorney Rubino read the resolution of approval. Mr. Tobia moved to adopt the resolution as read. Mr. Morris seconded the motion, which was unanimously approved by a roll call vote. (Ms. Wilson, Messrs. Rible, Morris, Devlin, 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 10:25 P.M.

Respectfully submitted,

Betty Schinestuhl

Recording Secretary