WALL TOWNSHIP PLANNING BOARD

MINUTES - REGULAR MEETING

MUNICIPAL MEETING ROOM

JULY 7, 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, Brosnan, Farrell, Wilson, Luttman, Rible, 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 said the Ferrante application will be carried to October 6, 2003. New notices will be provided. It is being carried at the applicant’s request.

Chairman Braun said the Weir application will be carried to September 29, 2003. The applicant will need to renotice.

NEW APPLICATIONS

KERRY & JOHN ROCHE – PB#21-2003 – 2214 Hill Avenue, Block 136, Lot 12, R-7.5 zone. Application deemed complete: May 29, 2003. Applicant proposes to subdivide the 150’ X 100’ lot into two (2) 75’ X 100’ lots. This will make two (2) conforming lots. Minor

Sworn by Reporter Arnone: John Roche

Glenn Gerken, Engineer

Cheryl Bergailo, Planner

Attorney Rubino stated no notice was required because it is conforming.

Entered into evidence:

A-1 Survey of Minor Subdivision prepared by Thomas H. Stuart dated May 6, 2003

A-2 Monmouth County Board of Health letter dated June 6, 2003

PB-1 Review letter by Glenn Gerken, Schoor DePalma, dated June 26, 2003

PB-2 Review letter by John Hoffmann, Township Planner, dated June 26, 2003

Committeeman Brosnan stepped down on this application.

Mr. Roche stated the property is located at 2214 Hill Avenue. The piece of property is 150’ X 100’. He is proposing to make two conforming lots. No variances are required. There are no

July 7, 2003 Page 2

environmental issues. There is a dwelling on the lot at this time but it will be razed within the next two weeks.

Chairman Braun asked if there was anything in the review letters that Mr. Roche could not comply with. Mr. Roche said no.

Ms. Wilson, regarding review letter dated June 26, 2003 from the engineer, asked about the utilities. Mr. Roche said he does not know what is going to take place with the lots. Mr. Gerken said your survey shows the existing sewer lines. You just need two new openings not four. Ms. Wilson said the existing utilities will be used for one of the lots and the new openings will be for the other lot. Mr. Gerken said that is correct.

Ms. Wilson asked Mr. Roche if he had any problems with the conditions in Mr. Hoffmann’s review letter. Mr. Roche said he had no problems.

Ms. Wilson asked if, when the existing dwelling is removed, the driveway will also be removed. Mr. Roche said yes.

Mr. Gerken said Mr. Roche is going to have to show where the two sets of utilities are on the survey. There will be two taps. Attorney Rubino said there must be separate utilities for each lot. Mr. Roche said agreed.

Ms. Wilson 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 review letters of John Hofmann dated June 26, 2003 and Glenn Gerken dated June 26, 2003. The applicant shall demolish and remove the existing dwelling and driveway prior to official signing of the map. The existing water and sewer lines will be shown and indicated that they will be utilized for proposed lot 12.01 or 12.02. Separate utilities will be required for proposed lot 12.01 and 12.02. A street opening permit will be required prior to any construction for utilities or driveways. A grading plan will be required prior to any building permits being issued. Mr. Rible seconded the motion which was unanimously approved by a roll call vote. (Ms. Wilson, Messrs. Rible, Farrell, Luttman, Ms. Stacy, Messrs. Tobia and Braun voted yes.)

GERALD CARROLL – PB#23-2003 – 2604 Kipling Avenue, Block 72, Lot 20.02, R-10 zone. Application deemed complete: June 16, 2003. Applicant requests permission to demolish and remove an existing shed, pool, patio and fence to subdivide the lot into two new lots. Major

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

July 7, 2003 Page 3

A-2 Preliminary & Final Major Subdivision plan prepared by ESP Associates last revised June 5, 2003

A-3 List of Waiver requests

A-4 EIS prepared by John J. Stefani dated March 2003

A-5 Drainage report prepared by John J. Stefani dated March 2003

A-6 Rendering of sheet 2 of 2

PB-1 Wall Township Fire Prevention review letter dated June 18, 2003

PB-2 Review letter from Glenn Gerken, Schoor DePalma, dated June 25, 2003

PB-3 Review letter from Cheryl Bergailo, Schoor DePalma, dated June 26, 2003

PB-4 Review letter from Cheryl Bergailo, Schoor DePalma, dated June 27, 2003

Sworn by Reporter Arnone: Steven Munn, Engineer

Gerald Carroll

Joan Carroll

Glenn Gerken, Engineer

Cheryl Bergailo, Planner

Attorney Middleton gave a brief overview. The Kipling Avenue property is located in the R-10 zone. The property is about four times the required lot size. Several years ago there was an approval for a major subdivision. They retained the oversized lot. They are now coming before the Board and requesting major subdivision approval to create two lots. The vacant lot is 13,665 s.f. The other lot where the house is now is 23,500 s.f. They are more than the lot size required. One variance is being applied for. The proposed lot frontage is 65’ where 75’ is required. That is the only variance. The negative criterion has not been violated at all.

Chairman Braun said the Board is aware of the history of this lot.

Steven Munn gave his credentials which were accepted by the Board.

Mr. Munn stated he has visited the site. Mr. Munn described the site. There is an existing dwelling on site. There are two sheds on site. The property is on Kipling Avenue. The swimming pool violates the front yard setback and will be removed. We are proposing to create two lots. There are eight homes on Kipling Avenue. There may be four or five lots that are similar in size to the proposed lot. The remainder of the lots are over sized. The property is located in the R-10 zone. The application meets all bulk requirements. There is a variance needed for front yard width. The lot will be about 65’ wide where 75’ is required. The Carroll’s are living in the existing dwelling.

Attorney Rubino said the Board grants a variance any house would be built within setback requirements. Attorney Rubino said we would agree that it be a deed restriction. Front, rear and side will conform. Chairman Braun said there are no bulk variances.

Chairman Braun asked why this is a major subdivision and not a minor subdivision. Attorney Middleton said he believes it is a minor subdivision but Mr. Hoffmann said it is a major. Attorney

July 7, 2003 Page 4

Rubino asked if part of this property was sold off for Kipling Woods. Attorney Middleton said yes. Attorney Rubino said that is why.

Mr. Munn went over the drainage. It will have an underground dry well in the rear of the house.

Chairman Braun said the applicant should notify any perspective buyer that the property is within 200’ of a sewerage treatment plan. Attorney Middleton agreed.

Attorney Middleton said they can comply with all review letters.

Mr. Gerken said he has one additional item that did not get into the report. The applicant must meet all the requirements of a major subdivision and map signing law. All maps will have to be filed in the Monmouth County Clerks’ Office. Attorney Middleton agreed.

The application was open and closed to the public.

Mr. Luttman moved to approve the application for major subdivision subject to payment of taxes and applicable assessments. The applicant will comply with review letters from Monmouth County Planning Board. The applicant will comply with the review letters from Board Professionals. The applicant will obtain a street opening permit. The applicant shall remove the shed, pool, patio and fence. The applicant must place a note on the map stating they are within 200’ of a sewerage treatment plant. The variances are approved. The new home must be built within the setback requirements. A landscape plan must be submitted subject to Board Planner approval. Mr. Farrell seconded the motion which was unanimously approved by a roll call vote. (Messrs. Luttman, Farrell, Brosnan, Rible, Ms. Stacy, Mr. Tobia, Ms. Wilson and Mr. Braun voted yes.)

PREMIER DEVELOPMENT – PB#20-2002 – Route 34/Allaire Road/Allenwood Road, Block 821, Lots 12 & 13, OP-2 zone. Date application deemed complete: July 3, 2002. Applicant seeks approval to construct a 9,880 s.f., two-story office build. 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 D.W. Smith Associates last revised April 1, 2002

A-3 Stormwater Management report prepared by D.W. Smith Engineering dated June 5, 2003

A-4 Colored rendering showing a plan of the building

A-5 Colored rendering of landscape plan

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

July 7, 2003 Page 5

PB-2 Review letter from Cheryl Bergailo, Schoor DePalma, dated June 27, 2003

Attorney Rubino explained this was part of a major subdivision. The other portion of the application was for residential development that backed up to Allaire Road. The Board separated the applications. The extension of that application shall become part of this application.

Attorney Middleton explained this is part of a subdivision application. This portion of the application is for an office building. It will be located on Route 34. The building will be bordered by the Meritage, another office building and to the west is a residential development. Mr. Wilcox received approval to develop the property to the northwest. This will be a high end building. All bulk requirements have been met. There are some comments in the review letters about buffer that will be addressed. When the first application was approved there was a 25’ buffer. With the additional 75’ there will be a total of 100’ of buffering.

Sworn by Reporter Arnone: Charles Witte, Engineer

Glenn Gerken, Engineer

Cheryl Bergailo, Planner

Charles Witte, Engineer, gave his credentials which were accepted by the Board.

Mr. Witte said he was familiar with this property. He said the property is treed and vacant. There will be one entrance and exit driveway on Route 34. This lot is south of the Meritage. To the north is an office complex and to the west a residential development.

Mr. Witte stated 49 parking spaces are being proposed, which will comply with the ordinance.

Mr. Witte said, regarding drainage, this will drain into the water basin in the parking lot. The two lots will share that drainage system.

Mr. Witte explained there will be a minimum amount of lighting. It should not go over to the existing property lines.

Mr. Witte stated the basement will be used for storage only. That will be deed restricted.

Mr. Witte explained this project was designed before the notice that sewers were coming in. Attorney Middleton said the septic system will be eliminated and they will connect to the sewers.

Mr. Witte said the trash enclosure will be at the westerly side of the southerly parking area. It will be away from the residential area. There will also be additional landscaping around the enclosures.

Attorney Middleton asked about traffic flow. Mr. Witte said there will be one entrance and one exit. It will be located on Route 34. Parking will be to the south and north. There will be an aisle for circulation. Mr. Witte said there will be adequate traffic flow through the parking lots.

July 7, 2003 Page 6

Mr. Witte said there will be some minor grading in the back. There will be additional landscaping along the back. Mr. Witte explained the minor grading will be right behind the building in the buffer about 10’ – 15’. Attorney Middleton said they would prefer not to have a retaining wall. Mr. Tobia said the buffer plan is subject to Board Planner approval.

Chairman Braun said we have to address our ordinance regarding loading zones. The Board will make recommendations to the Township Committee.

Attorney Middleton said this is going to be a professional office building we do not believe there will be any large deliveries. Deliveries will be made by UPS, FedEx, etc. Mr. Witte said there will be no deliveries made by large trucks. There is no reason for a loading zone.

Mr. Tobia asked about parking spaces. Attorney Middleton said 49 spaces are required and we are proposing 49 spaces. Mr. Tobia stated the parking space to the east of the handicap spot should have a sign posted stating it is for deliveries only. Attorney Middleton agreed.

Attorney Middleton said they can comply with the review letters from Mr. Gerken. Attorney Middleton said there were some issues Mr. Gerken wanted testimony on. Mr. Gerken’s letter of July 2, 2003, page 3, he is asking for testimony as to the ability for trucks to reach the refuse enclosure in its proposed location. Attorney Middleton said the trash enclosure has been relocated. He also asked for testimony regarding whether NJDOT is requiring a sight triangle along Route 34 and the impact this will have on the proposed landscaping. Mr. Witte said DOT is reviewing our application. We will do whatever is required.

Attorney Middleton said they can comply with everything in Ms. Bergailo’s review letter of June 27, 2003.

Attorney Middleton said the building will be either beige or gray.

Ms. Bergailo said there are some concerns about the sight triangle on the Meritage side. Mr. Witte said there are no trees on their line of site at this time.

Mr. Gerken said a soil removal permit is going to be required. Attorney Middleton said ok.

Mr. Tobia asked if the drainage facility will be constructed depending on what is built first. Mr. Witte said hopefully the residential portion will be done first. Mr. Gerken said the drainage system should be installed along with the professional building if the applicant changes its plans and develops that structure first.

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 shall comply with review letters of the Board Professionals. 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

July 7, 2003 Page 7

approval from NJDEP and NJDOT. 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 Police Department, Wall Township Board of Fire Commissioners and Wall Township Environmental Advisory Committee. Waivers are granted. The applicant shall conform to requirements of resolution dated December 2, 2002. The proposed basement shall be restricted to storage and mechanicals only. The applicant shall submit application for Subtitle 1 of Title 39. The applicant shall schedule a pre-construction meeting with the Wall Township Police Department. The applicant shall be required to connect to sanitary sewer and not construct septic tank. The applicant shall supply color scheme and façade samples for Board Planner approval. The applicant shall enhance landscaping in buffer, around trash enclosure and parking area subject to Board Planner approval. The applicant shall re-locate trash enclosure to north parking lot and increase back-up area in southern lot. The parking space east of the handicap space shall be designated for deliveries only and a sign shall be provided. In the event the commercial portion is constructed before the residential drainage facilities shall be constructed then. Regarding loading zone, to allow no loading zone where one is required. The applicant is allowed to remove in excess of 500 cubic yards subject to Township Committee approval. The applicant is allowed to have drainage facilities in the buffer. Mr. Rible seconded the motion which was unanimously approved by a roll call vote. (Messrs. Tobia, Rible, Brosnan, Farrell, Luttman, Mesdames Stacy and Wilson and Mr. Braun voted yes.)

RESOLUTIONS TO BE MEMORIALIZED

JOHN F. HAMIL – PB#10-2003

Block 151, Lot 32

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

TOWNSHIP OF WALL – PB#16-2003

Block 240, Lot 55 – Block 241, Lot 1 – Block 242, Lot 1

RUTH SIEGEL – PB#13-2003

Block 804, Lot 46

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

CAMP ZEHNDER YMCA – PB#24-2002

Block 977, Lots 6 & 8

July 7, 2003 Page 8

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

MINUTES TO BE APPROVED

Ms. Wilson moved to approve the minutes of the Regular and Workshop Meetings of June 2, 2003. Committeeman Brosnan seconded the motion, which was unanimously approved by a roll call vote.

There being no further business to come before the Board, a motion was made, seconded and unanimously approved to adjourn the meeting at 8:45 P.M.

Respectfully submitted,

Betty Schinestuhl

Recording Secretary