MINUTES -
REGULAR MEETING
MUNICIPAL
MEETING ROOM
AUGUST 5, 2002
Chairman
Braun called to order the regular meeting of the Wall Township Planning Board
at 7:37 P.M. Members present were
Braun, Tobia, Devlin, Kean, Capone, Farrell, Wilson, Rible, Attorney Rubino, Attorney
Hirsch, Engineer Savacool, Engineer Klee, Township Planner Hoffmann, Special Planner
Maczuga, Planning Board Secretary Lang, 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 welcomed Roberta Lang as Planning Board Secretary.
Chairman
Braun said a notice was given for Jerald Development for this evening. Attorney Rubino said that application will
be heard September 9, 2002. No further
noticing is required.
NEW APPLICATIONS
LEPIS - PB#15-2002 – 2420 Route 34, Block 814,
Lot 2, OB-40 zone. Date application
complete: June 10, 2002. Applicant seeks
to convert 4,220 s.f. of existing structure to medical office and add 710 s.f.
area and retain 1,370 s.f. for residential dwelling, Phase I. Later Phase II, eliminate residential
dwelling and make it part of medical office.
Site plan with variance.
Attorney
Hirsch reviewed the file and stated the Board had jurisdiction to proceed.
James
Lepis, Esq. appeared for the applicant.
Attorney Lepis said the applicant is proposing to renovate and expand
the existing building. It will be a
doctor’s office building. There were
two apartments that are part of the building.
He said the doctor will live on the second floor.
Entered
into evidence:
A-1 Jurisdictional Items
A-2 EIS prepared by WSB Engineering Group,
dated April 2002, dated April 2002
A-3 Preliminary and Final Drainage Calculations prepared by Frank
J. Barr revised June 24, 2002
A-4 Construction Specifications prepared by
Frank J. Barr revised July 5, 2002
A-5 Maps prepared by Frank J. Barr
A-6 Certification prepared by Mr. James Bennett that he lived in
the apartment until March 2002
A-7 DEP letter dated May 10, 2002 stating no
further action was required
PB-1 Review letter from John D. Maczuga, Bay
Pointe Engineering dated June 26, 2002
PB-2 Review letter from Glenn R. Gerken, Bay
Pointe Engineering dated July 1, 2002
PB-3 Review letter from John D. Maczuga, Bay
Pointe Engineering dated August 1, 2002
August
5, 2002 Page
2
Sworn
by Reporter Arnone: John
D. Maczuga, P.P.
Ray
Savacool, Engineer
Michael
A. Lepis, M.D.
Dr.
Lepis said he purchased the building to convert it to a medical office. He is a pain management doctor.
Attorney
Lepis asked if the building was 32’ high.
Dr. Lepis said yes. Attorney
Lepis asked if Dr. Lepis planned to make it any taller. Dr. Lepis said no.
Attorney
Lepis asked if there were two apartments in the building. Dr. Lepis said yes. He said there was one apartment on the first
floor and one on the second floor. He
said he plans on living in the apartment on the second floor.
Dr.
Lepis stated he plans to renovate the first floor to accommodate his
practice. It will be a total of 4,931
s.f. This will include a 720 s.f.
addition. Dr. Lepis said there is no
basement.
Dr.
Lepis explained the shed on the property will be used to store his lawnmower,
rakes, etc. He said they will move it
away from the property line to conform to regulations. Committeeman Devlin asked for the size of
the sheds. Dr. Lepis said they are 8’ X
10’.
Mr.
Maczuga asked about the proposed addition.
He asked what is going to be housed in that addition. Dr. Lepis said it will be a portion of a waiting
room as well as a portion of a billing department. Dr. Lepis showed the Board a sample of the roof. He said the building will be stucco. It will be tan.
Attorney
Lepis asked Dr. Lepis about the parking spaces. Dr. Lepis said the spaces will be 8’ X 18’ with a 24’ aisle. Mr. Tobia asked if there was any reason why
they could not comply with the township ordinance, 9’ X 19’ with a 25’
aisle. Dr. Lepis said because the
number of spaces will be less if they comply.
Mr. Tobia said he does not see any reason for the variance he said the
spaces should comply.
Sworn
by Report Arnone: Imants
A. Smildzins, Engineer
Entered
into evidence:
A-8 Colored rendering of sheet 3 of 6,
landscape plan
Mr.
Smildzins said this property is located on a one acre lot. It is located on Route 34 and Paynters
Road. He said they are proposing to
convert the building into a medical building.
They are proposing to add a waiting room. They are proposing 25 parking spaces on the northwest side of the
property. He said these spaces will
comply with township regulations. There
will be three doctors with support staff.
Mr. Smildzins said the employee parking spaces will be located on the
Paynters Road side. He said they will
measure 9’ X 18’ with a 24’ wide aisle.
He said other municipalities permit parking spaces with those
dimensions. Mr. Tobia said in Wall
Township the ordinance is specific. Mr.
Smildzins said the only way they can comply with
August
5, 2002 Page
3
township
regulations would be to eliminate one space.
He said they cannot be moved closer to the building because they are
located where the exterior of the existing building cannot be altered. Mr. Smildzins said the 25’ wide aisle could
not be met unless one parking space was eliminated. He agreed to the 25’ wide aisle.
Mr.
Smildzins went over Mr. Maczuga’s letter of August 1, 2002. He stated the setbacks for the new building
will be 75’ from Paynters Road. Mr.
Smildzins said the addition will be on the northwest side of the building
because there is an existing 8’ garage door opening in that location. He stated they are proposing the dumpster be
located at the northwest corner at the end of the parking aisle. He said this will allow for easy trash
collection. Mr. Smildzins said
regarding the variance for height, the building is 32’ at its highest
point. He said at the time of
construction it was a legal height. The
addition will not exceed the 30’ requirement.
Entered
into evidence:
A-9 Site plan approval for C. Bennett dated
1985
Mr.
Maczuga asked what will happen to the second-story apartment after Dr. Lepis
moves out. Mr. Smildzins said that when
the apartment is no longer needed the space will be added to the medical
office. Chairman Braun asked for the
floor plans for the first floor. He
said it is a great change for this building.
He said the Board just needs to work out the details.
Sworn
by Reporter Arnone: Robert Staruch,
Architect
Mr.
Staruch said there is a certain work flow needed by the doctor and this
building fits. Mr. Staruch said the
garage door opening provides a convenient space for the addition.
Chairman
Braun said the Board is concerned about how the second floor apartment will be
used after Dr. Lepis moves. He said it
looks like they can add two to three offices.
Dr. Lepis confirmed that he had no intention of renting out that space
to others.
Mr.
Rible asked how many treatment rooms will there be. Dr. Lepis said for what he does it requires a lot of space. He said there will be two procedure rooms,
fire recovery bays, six examining rooms and a nurses station. He said they may add a scanning or and an
EMG area.
Committeeman
Devlin said his concern is when Dr. Lepis moves out of that residence what is
proposed for upstairs. He is concerned
that additional parking spaces may be needed if the number of doctors is
increased. Dr. Lepis said just because
he is moving out of the apartment does not mean there will be additional
doctors.
Mr.
Tobia said for the next meeting Dr. Lepis should testify as to the floor plan
of the office, the residential use and do you need those sheds or can they be
removed.
Chairman
Braun said the applicant should schedule a TRC. This application will be carried to October 28, 2002. No other noticing is required. Attorney Lepis waived the time limits.
August
5, 2002 Page
4
CARE ONE - PB#10-2001 – NJSH Route 138 west of New
Bedford Road, Block 745, Lots 3, 4 & 19, OP-2 & R-60 zone. Application complete May 15, 2002. Applicant seeks to consolidate lots 3, 4
& 19 into one lot and construct a two-story skilled nursing facility. Site plan with variance.
Attorney
Rubino reviewed the file and stated the Board had jurisdiction to proceed.
Entered
into evidence:
A-1 Jurisdictional packet
A-2 Maps dated December 14, 2001, revised May
9, 2002
A-3 Technical Specifications prepared by
Birdsall Engineering dated January 2, 2002
A-4 Drainage calculations prepared by Birdsall
Engineering dated April 2002
A-5 Limited EIS prepared by Birdsall
Engineering dated December 31, 2001
A-6 Aerial Photo
A-7 Rendering of elevation
A-8 Landscape plan
A-9 Landscape plan, foundation around building
PB-1 Review letter from Township Planner John
Hoffmann dated July 19, 2002
PB-2 Monmouth County Board of Health letter dated
May 31, 2002
PB-3 Review letter from Wall Township Fire
Prevention dated May 20, 2002
PB-4 Monmouth County Planning Board letter of
exemption dated January 14, 2002
PB-5 Review letter from Owen & Little dated
July 22, 2002
Timothy B. Middleton, Esq.
appeared for the applicant.
Sworn by Reporter Arnone: William Burris
Bruce
Connell, Engineer
John
Hoffmann, Township Planner
Doug
Klee, Engineer
Attorney Middleton said the applicant is seeking
approval for a skilled nursing home. It
will be located on Route 138 and New Bedford Road. The applicant is seeking approval for a 45,000 s.f. skilled
nursing facility. The applicant will
consolidate three lots for a total of approximately ten acres. There will be no access on New Bedford
Road. One of the issues concerning this
application is the house on lot 3. He
said the person living there has life rights.
He said once that house is abandoned it can be demolished if not it
should be rezoned.
Attorney
Rubino stated, if the Board approves this application, part of the resolution
of approval will have a condition that the building would have to come down
unless there is a zone change. He said
if the applicant wants to use that building he must come back before the
Planning Board. Attorney Rubino said a
performance bond in the amount of $15,000 for the demolition of that building
will be required.
Attorney
Middleton said they are requesting a deceleration lane on Route 138. Chairman Braun
August
5, 2002 Page
5
said
he wants to make sure there is no access on New Bedford Road.
Mr.
Connell gave his credentials which were accepted by the Board.
Mr.
Connell said the property consists of approximately 10 acres. It is located on Route 138 and New Bedford
Road. Mr. Connell said lots 4 and 19
are vacant and well wooded. Mr. Connell
said a portion of the property had been cleared by a previous owner. He said the nursing home will be constructed
mostly on that portion of the site. He
said it will meet all setback requirements.
Attorney
Middleton confirmed that this facility will be a nursing home and not an
assisted living facility. Mr. Connell agreed.
Mr.
Connell said the building will be located in the center of the site. It will meet all requirements. It will be 100’ from all property
lines.
Attorney
Middleton said there are three homes on New Bedford Road. Mr. Connell said the building will be more
than 100’ from those homes.
Mr.
Connell said they will meet the required 68 parking spaces. He said they will enter by making a right
off Route 138. There will circular
through drop off area at the main entrance.
Cars will exit by making a right onto Route 138.
Mr.
Connell said the emergency access to the site will consist of a loop around the
building. He said the driveway will
lead to the driveway of the house on lot three. Mr. Tobia said he was concerned about the driveway on lot
three. Mr. Burrus said they would make
the necessary improvements to that driveway.
Mr. Tobia said as long as the driveway is improved he has no
problems.
Mr.
Connell said the building coverage will be approximately 7%. The impervious coverage will total
approximately 17%. Mr. Connell said 83%
will be left green.
Mr.
Connell said the trash enclosure will be situated at the front right hand
corner of the building. This will be as
far away from the neighbors as possible.
Mr. Tobia suggested moving the trash enclosure closer to Route 138 to
allow for easy access. Attorney
Middleton agreed.
Mr.
Connell said the generator and loading zone will be located in the same area as
the trash enclosure.
Mr.
Tobia asked for the height of the canopy.
Mr. Burris said it is 10’ 6”. It
meets BOCA code.
Mr.
Connell went over the drainage issues.
He said there will be two detention basins. He said one will be along Route 138 and one at the rear of the
site.
Chairman
Braun asked for testimony regarding the amount of trees not to be touched. Mr. Connell said there will be a 40’ wide
buffer along New Bedford Road. He said
a 55’ buffer will
August
5, 2002 Page
6
remain
on the south side of the property and a 35’ buffer along the west. Chairman Braun asked that some type of
fencing be used to mark the trees that are to be untouched. Mr. Tobia suggested snow fencing. Mr. Connell agreed.
Mr.
Connell said in addition to the existing trees the applicant will include 108
deciduous trees, 61 conifers, 400 shrubs and 40 varieties of grass. Mr. Connell said the sizes of the trees are
substantial. They will be 4’ – 5’ in
diameter. He said the evergreens will
be 10’ – 12’ in height.
Attorney
Rubino asked Mr. Maczuga if this application included a minor subdivision. Mr. Maczuga said yes. Mr. Connell said the three lots will be
consolidated into one single lot, that is the reason for the minor
subdivision.
Mr.
Tobia said because of the access from New Bedford Road for the connecting of
utilities he suggested additional landscaping of evergreens and oaks to screen
the view from New Bedford Road.
Attorney Middleton agreed.
Ms.
Wilson asked what the make up of the residents would be. She said other nursing homes also contract
with a private ambulance company for 9-1-1 calls. She said they use the township’s ambulance as a back-up. Mr. Burris said he would agree to that. Mr. Burris said they contract with a private
ambulance company to provide patients with transportation to doctor’s
appointments.
Mr.
Burris said the facility will be a skilled nursing facility. He said it is a nursing home. 50% - 60% will be Medicare patients. He said they will be at the facility for
rehabilitation purposes. He said the
average stay is about 21 days. Mr.
Burris said another 15% - 20% would be paid by Medicaid. He said the remaining 15% - 20% would be
private pay individuals.
Attorney
Middleton said the applicant will comply with the review letters from the Board
Professionals.
The
application was open to the public.
Joe
Vidich, East Hurley Pond Road, was sworn.
Mr. Vidich said his basin concern is the stream that runs behind his
house. He said it is a quick flood
area. He said he feels the basins will
not be adequate. He said if the basins
are not put in first there will be a run-off problem. Mr. Connell said the two detention basins will improve the
conditions in the area. He said the
basins will be put in before construction starts.
Tony
Pitale, East Hurley Pond Road, was sworn.
Mr. Pitale asked what the elevation of the building would be. Mr. Connell said 57’ 4”. Mr. Pitale is concerned about the rear
detention basin. He asked if any
plantings are proposed. Mr. Connell
said some plantings will be put in along the rear basin. Mr. Pitale asked where the basin in the rear
run-off goes. Mr. Connell said into the
wetland area. Mr. Pitale asked, if his
basement floods because of this construction who should he call. Attorney Rubino said the township engineers
tour the site to make sure the project is proceeding properly. Attorney Rubino told Mr. Pitale if there is
a problem to talk to
August
5, 2002 Page
7
the
applicant first, if that does not work he should come into town hall. He said if he gets nowhere he can come
before the Planning Board. Mr. Pitale asked
if he can call the police department if they cut down trees within the 55’
buffer. Chairman Braun said they will
respond.
Greg
Collins, East Hurley Pond Road, was sworn.
Mr. Collins showed the Board pictures of the flooding that occurs. Mr. Collins said about 10 years ago a
developer cleared a portion of the property too soon. He said they have had flooding problems ever since. Chairman Braun said the applicant has to get
a building permit and the engineer handles all site work so there is no tree
clearing. Mr. Collins shoed photos are
of their backyards. He said his concern
is the flooding. Chairman Braun said
these drainage improvements have to go in before construction starts. He said they will not permit that water to
go into his backyard. Attorney
Middleton said the clearing does not have a basin now. Mr. Collins asked if this basin will relieve
the problem. Mr. Connell said it may
not relieve the problem but it will reduce the water run-off toward Mr.
Collin’s property. He said it will get
redirected toward the wetlands.
Don
Rosenaranz, 2634 East Hurley Pond Road, was sworn. Mr. Rosenaranz said his property abuts lot 3. He said in the notice he received it said
that they are requesting that lots 3, 4 and 19 go into one lot, 4.01. He said lot 3 is R-60. He asked if they become one lot, do they all
become R-60? Attorney Middleton said
the lot would have a zone boundary line.
He said lot 3 is OP and R-60. He
said it is already split. Mr.
Rosenaranz asked if the nursing home was going to be built on lot 4. Attorney Middleton said yes. Mr. Rosenaranz asked if lots 3 and 19 are
going to remain undeveloped. Attorney
Middleton said yes. He said there is no
future plans for development.
Mr.
Rosenaranz said in the Freshwater Wetlands application it clearly states this
is for an assisted living facility.
Attorney Middleton said he spoke to Mr. Rosenaranz on Friday and
explained that the applicant has no desire to have an assisted living facility
on site. He said there is no intent
whatsoever. Attorney Rubino said an
assisted living facility is not permitted there. Chairman Braun said this is a good use for this site. Attorney Middleton said the applicant will
stipulate he will not come back to put in an assisted living facility.
Entered
into evidence:
O-1 Three sets of photos showing flooding
O-2 Photos showing flooding
Mr.
Rosenaranz said he has a problem with the removal of trees to hook up to the
sewer line. He also asked Mr. Connell
to confirm that some of the water from the basins will be released into the
wetlands. Mr. Connell said that is
correct.
Mr.
Rosenaranz is concerned about the water running into the wetlands. He complained about the County putting in
pipes that were too high and too small.
Mr. Connell said they will do their part to reduce the run-off.
Stuart
Whitman, 1739 New Bedford Road, was sworn.
Mr. Whitman is also concerned about the detention basin draining in
enough time to handle all the run-off.
Mr. Connell said it should drain in 36 hours. It would depend on the storm.
August
5, 2002 Page
8
Shirley
Spade, East Hurley Pond Road, was sworn.
Ms. Spade said her house backs up to this site. She said the last rain was the worse she has
ever seen. She said water is a
problem. Chairman Braun said he will
ask the Township Committee to look at the water problem in that area.
Committeeman
Devlin stated the Township Committee has a meeting on Wednesday. He said he would address this with the rest
of the Committee.
Mr.
Vidich asked how the height of the nursing home compares with the bank on the
corner. Mr. Connell said the nursing
home is going to be a two-story structure.
He said it will be a little higher than the bank.
The
application was closed.
Mr.
Tobia moved to approve the application for Preliminary and Final Site Plan and
Minor Subdivision subject payment of taxes and applicable assessments. The applicant shall comply with the review
letters of the Board Professionals. The
applicant will comply with the review letter from the Wall Township Fire Prevention
Bureau. The applicant will comply with
the requirements of Freehold Soil Conservation District, Monmouth County Board
of Health and Monmouth County Planning Board.
The applicant will obtain approval from DEP and DOT. The applicant will comply with Wall Township
Affordable Housing Trust Fund and ADA requirements. The applicant must obtain a tree removal permit. There will be no entrance/exit on New
Bedford Road including construction phase and residential use. A pre-construction meeting shall be
scheduled with Wall Township Police Department. The former access to New Bedford Road shall be replanted with
evergreens and oaks. The Township
Planner shall approve the exterior building façade. The applicant shall submit an application for Subtitle 1 of Title
39. The applicant shall install a Knox
Box System. The applicant shall
schedule a training seminar with Wall Township Police Department and Emergency
Services regarding building layout and operation. The applicant shall contract with a medical transport company for
non-emergency transportation. The
applicant shall provide deceleration/acceleration lane on Route 138. The applicant shall provide enhanced
landscaping in buffer along residential zone subject to Board Engineer
approval. Emergency access shall be
designated subject to Board Engineer and Fire Department approval. The residential buffer shall not be
disturbed and must be marked during construction. The applicant shall post a performance bond in the amount of
$15,000 for demolition of the home on the site. The applicant shall remove residential dwelling upon death of
current occupant or if zoning change is granted. Change in commercial use of residential will require application
to the Planning Board. All evergreens
shall be a minimum of 10’ in height.
Elevators shall comply with township ordinances. If bed count is increased the applicant
shall re-apply to the Planning Board.
Detention basins shall be constructed and stabilized as Phase I. Board Engineer shall inspect down stream
storm water facilities for silt during construction phase and after clean-up by
applicant. Applicant shall review down
stream storm water facilities for ability to adequate manages water with report
to Board Engineer. The waivers, as
requested, will be granted except wildlife displacement must be included in EIS
as per Master Plan. The Board
Engineer
shall send a letter to NJDOT regarding deceleration/acceleration lanes on Route
138. Mr. Rible seconded the motion
which was unanimously approved by a roll call vote. (Messrs. Tobia, Devlin, Farrell, Capone, Kean, Ms. Wilson,
Messrs. Rible and Braun voted yes.)
August
5, 2002 Page
9
CHRISTOPHER STEPHEN
ENTERPRISES – PB#12-2002 – 1550 Meeting House Road, Block 807, Lot 21.02, R-30 Zone. Date application complete: May 29,
2002. Applicant seeks to subdivide
property to provide for six residential lots front a proposed roadway. Each lot to contain a minimum of 30,000
s.f. Major with variances.
Attorney
Rubino reviewed the file and stated the Board had jurisdiction to proceed.
Mr.
Tobia recused himself from this application.
Entered
into evidence:
A-1 Jurisdictional Items
A-2 Maps dated June 21, 2001, revised May 3,
2002
A-3 Drainage Calculations prepared by Alan P.
Hilla, revised May 2002
A-4 Engineer’s Report & Technical Specifications prepared by
Alan P. Hilla, revised May 2002
A-5 Limited Environmental Impact Study
prepared by Alan Hilla, dated May 22, 2002
A-6 Colored Rendering
PB-1 Review letter from John Maczuga, Bay Pointe
Engineering, dated June 26, 2002
PB-2 Review letter from Glenn Gerken, Bay Pointe
Engineering, dated July 12, 2002
PB-3 Revised review letter from John Maczuga, Bay
Pointe Engineering, dated July 26, 2002
PB-4 Wall Township Fire Prevention letter dated
June 17, 2002
Salvatore
Alfieri, Esq. appeared for the applicant.
Sworn
by Reporter Arnone: Bruce
Connell, Engineer
John
Maczuga, Planner
Ray
Savacool, Engineer
Attorney
Alfieri stated the applicant is seeking preliminary and final major subdivision
approval. This site is the former Major
Farm property. It is zoned R-30. It consists of approximately 5.8 acres.
Mr.
Connell said he prepared the plans for this development. He explained the site is located in the R-30
zone. It abuts several different
zones. Mr. Connell said to the west
there are single family homes. He said
OP-2 is to the east and OP-10 is to the south.
Mr. Connell said Hinck’s Turkey Farm and Atlantic Farms abut the site. Mr. Connell said several existing structures
on the site will be demolished. He said
this property will be subdivided into six lots. There will be a 700’ cul-de-sac constructed. The radius will be 43’. It will have a 50’ wide right of way. He said the proposed street name will be
Bernadette Court.
Mr.
Connell explained that the storm water will be brought up through catch basins
to the detention basin on Baileys Corner Road and Bernadette Court. He said it will then be diverted to an
existing storm water system on Baileys Corner Road. Mr. Connell said the detention basin will be the responsibility
of the homeowner adjacent to the basin.
August
5, 2002 Page
10
Mr.
Connell stated the roadway meets the residential site improvement
standards. Mr. Connell explained a
portion of the wood line along the northwest corner will remain. The applicant will add plantings along the
property line on Gladfield Drive and along the detention basin. Mr. Connell said plantings will also be
added along Bernadette Court.
Mr.
Connell said the lots exceed the required lot area.
Mr.
Connell then explained the request for the waiver for a limited EIS. Mr. Connell said a soil testing has been
conducted. He said the results are
expected this week. Mr. Maczuga said
the LES is adequate. Attorney Rubino
advised the applicant to put a note on the plan and advise potential buyers the
land was previously used as farmland.
Chairman Braun advised also putting on the plan the property adjoins a
farm. Attorney Alfieri agreed.
Attorney
Alfieri said there is nothing in the review letter from the Board Planner that
they cannot comply with.
Mr.
Maczuga said during the TRC the applicant agreed have a berm between the
properties. Mr. Kean suggested the berm
be 4’ high along the property line of Block 807, Lot 33. Chairman Braun said that will separate
commercial from residential. Attorney
Alfieri said the applicant agrees. Mr.
Kean suggested a double row of trees on top of the berm. He also advised the applicant meet with
Atlantic Farm prior to construction of the berms. Attorney Alfieri stated the applicant has already discussed shade
trees on the property.
Attorney
Alfieri said the applicant will comply with all review letters from the Board
Professionals.
Attorney
Rubino said some residents had concerns regarding where the basin will be
located. Mr. Connell explained why it
had to be where is. He said they are
located at the low point on the site.
He said that provides for a safe and effective basin. Mr. Connell said they can continue with the
screening of the basin. He said they
will plant some deciduous trees.
Chairman Braun said the basin in that area is acceptable to the
Board.
The
application was open to the public.
Tom
Dill, Baileys Corner Road, was sworn.
Mr. Dill asked why the width of the road could not be reduced so they
can move the basin. Mr. Connell said
they are providing additional plantings along the basin. Mr. Maczuga said 28’ is standard but
emergency people feel those standards are lacking. Mr. Connell said the basin could be more elongated. He said that would move the basin a
little. Mr. Maczuga said you can also reverse
the sides of the driveways. Chairman
Braun said
reconfigure
the drainage basin. Mr. Maczuga said if
the basin is elongated you don’t have to reduce the street width. Attorney Alfieri said they will reconfigure
the basin and add plantings. Mr.
Connell said they will install a retaining wall less than 3’ in height.
Mr.
Dill was also concerned about the site triangle easement. He said cars are going 50 MPH. He said he doesn’t know how you will see
cars coming from Tiltons Corner Road.
He said the property is lower. Mr.
Connell said there will be enough sight coming down Baileys Corner
August
5, 2002 Page
11
Road. He said Baileys Corner Road has a slight
angle. Mr. Connell said there is a sufficient
site triangle. Chairman Braun said the
Board’s experts agree.
Mr.
Dill said another concern is the pesticides.
Mr. Dill said that property was once used as an apple orchard. Mr. Connell said it was his understanding it
was never an apple orchard. Mr. Connell
said the site has been tested for pesticides.
He said if there is a high level of pesticides in the soil there will be
some sort of remediation. Attorney
Rubino said the DEP sets levels for contamination. He also said DEP states that properties could not be used for
residential use without remediation if there were high levels of
contamination. Ms. Wilson asked Mr.
Dill what make him believe there were orchards on the site. Mr. Dill said because he has some on his
property. Chairman Braun said the soil
is being tested. Committeeman Devlin
asked if they tested individual lots.
Mr. Savacool said they take a sample, one per 10,000 s.f. of area.
Ann
Kurzenber, 2167 Baileys Corner Road, was sworn. Ms. Kurzenber said she purchased her home in 1993. Ms. Kurzenber said since the development on
Jasmar Road the traffic and noise has increased dramatically. She said she has a hard time getting in and
out of her driveway. Ms. Kurzenber said
there is a lose of open space. She said
there are increased safety concerns.
Ms. Kurzenber was also concerned about the noise of construction on
Sunday. She also requested moving the
detention basin. She requested a full
EIS. She has concerns about drainage. Chairman Braun said the Board has waived a
full EIS and asked Mr. Maczuga if a full EIS was needed. Mr. Maczuga said the Board has faced this in
the past and has required soil testing.
He said the applicant has already done that. He said he thinks the Board is being consistent. Attorney Rubino said the Board will address
the concerns regarding hours of construction and working on Sunday.
Joseph
Lytle was sworn. Mr. Lytle said his
concern is the taking down of large trees.
He said he has never had any type of water problem before. Chairman Braun said he believes they are
going to leave the large trees there.
He said the Board will not allow them to drain water on your
property. Mr. Maczuga said the applicant
has agreed to put in some trees. Mr. Savacool
said all of the existing vegetation will remain at the rear of the property.
Robert
Franco, 2156 Gladfield Drive, was sworn.
Mr. Franco said after 29 years half of those large trees are on his
property. Mr. Connell said they can
make sure they don’t touch the trees within 5’ of the property line. Chairman Braun advised the applicant to meet
with the residents and try to keep all the natural trees.
The
application was closed to the public.
Mr.
Sean made a motion to approve the application for Preliminary and Final Site
Plan for Major Subdivision 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 the review letter from the Wall Township
Fire Prevention Bureau. The applicant
will comply with the requirements of Freehold Soil Conservation District,
Monmouth County Board of Health and Monmouth County Planning Board. The applicant will obtain approval from DEP
and DOT. The applicant must obtain a
tree removal permit. The applicant
shall meet with property owners before any tree removal commences or removal of
any vegetation adjacent to any abutting
August
5, 2002 Page
12
residential
lots. The applicant shall install an earth
berm a minimum of 4’ in height along property line of Block 807, Lot 33. The applicant shall plant a double row of
Leyland cypress and Norway spruce a minimum of 8’ in height on 8’ centers on
top of berm. Leyland cypress shall be
planted on site closest to Block 807, Lot 33.
A note shall be placed on map and included in deed stating subdivision
is being constructed and located with 200’ of an active agricultural
operation. Applicant shall meet with
Atlantic Farms prior to grading and construction to discuss the berm. Berm and landscaping shall be completed
prior to construction of homes. Shade
tree plantings shall be planted on Bernadette Court. The applicant shall reconfigure the detention basin with
plantings at corner of Baileys Corner Road and Bernadette Court. Mr. Rible seconded the motion which was
unanimously approved by a roll call vote.
(Messrs. Kean, Rible, Devlin, Farrell, Capone, Ms. Wilson and Mr. Braun
voted yes.)
Mr.
Tobia returned to the meeting.
REVIEW AND RECOMMEND:
A. ORDINANCE NO. 37-2002 – Amending and Supplementing the “Land
Use and Development Regulations of the Township of Wall” pertaining to the OP-2
Zone.
Mr.
Maczuga explained the ordinance. He
said there is an additional use in the OP-2 zone. He said this is for MONOC.
Mr.
Devlin moved to recommend to the Township Committee that Ordinance No. 37-2002
be adopted. Mr. Kean seconded the
motion which was unanimously approved by a roll call vote. (Messrs. Devlin, Kean, Tobia, Farrell,
Capone, Ms. Wilson, Messrs. Rible and Braun voted yes.)
B. ORDINANCE NO. 39-2002 – Amending and Supplementing “The Land
Use and Development Regulations of the Township of Wall” pertaining to the CR
zones.
Chairman
Braun explained the ordinance.
Mr.
Kean moved to recommend to the Township Committee that Ordinance No. 39-2002 be
adopted. Mr. Devlin seconded the
motion, which was unanimously approved by a roll call vote. (Messrs. Kean, Devlin, Tobia, Farrell,
Capone, Ms. Wilson, Messrs. Rible and Braun voted yes.)
Attorney
Rubino read the resolution appointing Roberta Lang as Secretary of the Planning
Board, Betty Schinestuhl as Assistant Secretary and Recording Secretary of the
Planning Board. Mr. Tobia moved to
adopt the resolution as read. Mr. Kean
seconded the motion, which was unanimously
approved
by a roll call vote.
RESOLUTION TO BE
MEMORALIZED:
ROBERT JOST - PB#16-2002,
Block 113, Lots 12 & 14
August
5, 2002 Page
13
Attorney
Rubino read the resolution of approval.
Mr. Tobia moved to adopt the resolution as read. Mr. Kean seconded the motion, which was
unanimously approved by a roll call vote.
(Messrs. Tobia, Kean, Devlin, Farrell, Capone, Ms. Wilson, Messrs. Rible
and Braun voted yes.)
ANTHONY R. MONTANELLI, SR. –
PB#27-2002, Block 811.10, Lots 15, 17 & 31
Attorney
Rubino read the resolution of approval.
Mr. Tobia moved to adopt the resolution as read. Mr. Kean seconded the motion, which was
unanimously approved by a roll call vote.
(Messrs. Tobia, Kean, Devlin, Farrell, Capone, Ms. Wilson, Messrs. Rible
and Braun voted yes.)
DONALD AND PATRICIA WEIR –
PB#6-2002, Block 118, Lot 68
Attorney
Rubino read the resolution of denial.
Mr. Rible moved to adopt the resolution as read. Mr. Kean seconded the motion, which was
unanimously approved by a roll call vote.
(Messrs. Rible, Kean, Tobia, Devlin, Farrell, Capone, Ms. Wilson and Mr.
Braun voted yes.)
MINUTES TO BE APPROVED:
Mr.
Tobia moved to approve the minutes of the Regular Meetings of June 3, 2002,
June 24, 2002 and July 1, 2002. Mr.
Kean 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 11:55 P.M.
Respectfully
submitted,
Betty
Schinestuhl
Recording
Secretary