SEPTEMBER 23, 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, Thomson, Devlin, Morris, Rible, Attorney Rubino, Attorney Hirsch, Engineer Savacool, 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 said there were no announcements this evening.  There is one application.




COMMERCIAL REALTY - PB#29-2002 – 5110 Megill Road, Block 913, Lot 25 & 35, OR-10 zone.  Application complete: September 3, 2002.  Applicant seeks to construct a three-story, 200,000 s.f. office building.  Site/Minor. 


Mark Aikins, Esq. appeared for the applicant. 


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


Entered into evidence:


A-1            Jurisdictional Items

A-2      Traffic Impact report prepared by Birdsall Engineering dated August 21, 2002

A-3            Technical Specifications and Engineering report prepared by Birdsall Engineer dated August 2002

A-4      EIS prepared by Birdsall Engineering dated August 2002

A-5            Drainage Calculations prepared by Birdsall Engineering dated August 2002

A-6      Waiver requirement list

A-7      Letter from Monmouth County Board of Health

A-8            Preliminary and Final Site Plan prepared by Birdsall Engineering dated August 23, 2002, last revised August 30, 2002

A-9            Colored rendering of landscape plan, page 7

A-10    Site Plan, page 4

A-11            Rendering of Preliminary and Final Site Plan


PB-1    Traffic Impact report prepared by Schoor DePalma

PB-2    Review letter from Glenn Gerken dated September 17, 2002

PB-3    Wall Township Police Department report dated September 10, 2002

PB-4    Review letter from John Maczuga dated September 12, 2002

PB-5    Wall Township Fire Prevention letter dated September 9, 2002

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Sworn by Reporter Arnone:                        Robert McCarthy, Engineer & Planner

                                                            John Lishak

                                                            Mark Kataryniak, Traffic Engineer

                                                            Dave McHenry


Attorney Aikins said this application received approval by the Board years ago.  He said that approval was for a 240,000 s.f. building.  He said this building is 20% smaller.  This building will be 200,000 s.f.  Attorney Aikins said the only matter is the site plan and soil removal.  There are no variances. 


Attorney Aikins said a contribution of $250,000 will be made to Wall Township regarding the improvements to the intersection of Wyckoff Road/Route 34.


Chairman Braun said the contribution of $250,000 was arrived at at the TRC.  It is a small portion of what would be put together for the improvements to Wyckoff Road and Route 34. 


Robert McCarthy gave his credentials as an engineer and planner, which were accepted by the Board.


Mr. McCarthy said the site is located on Block 913, Lots 25 & 35.  It is at the northwest section of Megill Road.  It is 35 – 37 acres.  It is located in the OR-10 zone.  It meets all bulk requirements with the exception of soil removal.  On lot 25 there is a one-story brick building.  Lot 35 is a wooded vacant lot.  It is surrounded by NJNG and residential homes.  The proposed building is L-shaped, 200,000 s.f., three story office building.  The building is centrally located.  Parking will be on the east and west side of the site. 


Mr. McCarthy said there will be one ingress and egress.  There will be a right and left turn in but only a left out.  He said they will widen Wyckoff Road.  The ROW will be 30’.  Wyckoff Road will be restripped.  Wyckoff Road will be approximately 38’ wide.  The entrance/exit will be more of a curve.  It will be a curved driveway.  The main driveway will be 30’ wide.  An easement will be obtained.  All other driveways will be 25’.  A looped driveway will go around for complete access.  A Stop Sign will be erected from the parking lot going north.  Zoning regulations require 1,000 parking spaces.  We are proposing 1,002.  20 handicap spaces will be provided. 


Mr. McCarthy went over the grading.  He said the grades vary throughout the site.  There are different ridge lines.  The building will be under the 40’ height requirement.  A big pocket of trees will be kept on the south side.  There will be a 75’ tree buffer.  There will be no tree disturbance.


Chairman Braun confirmed that when they cut into the woods they will not take out any of those trees.  Mr. McCarthy said that is correct.


Mr. McCarthy went over the variances.  Mr. McCarthy said the only variance needed is for earth removal.  Attorney Rubino said you have to meet with Wall Police Department as part of the soil permit process.  You have to go over through routes with them. 

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Attorney Aikins asked if the utility lines have been changed.  Mr. McCarthy said yes.  Mr. McCarthy said the power lines were proposed to come in on the south side of the building.  The engineer suggested coming in where there are less trees.  Mr. McCarthy said they will not be going through the longest part of the tree area. 


Mr. McCarthy said there is a bit an un-treed area on site and they will fill that in. 


Mr. McCarthy went over drainage.  He said the elevation does have a running ridge line in a southerly and northerly direction.  He said they propose on capturing all storm water into a detention basin in a northerly direction. 


Mr. McCarthy said the existing sanitary sewers are in the northerly area.  He said they plan on extending that line.  He said they will also sewer the existing adult school building.  They will extend the water and install hydrants all around the building. 


Mr. McCarthy said they will conform to Fire Prevention’s review letter. 


Mr. McCarthy went over landscaping.  He said they will grade the site around the residential area.  They will plant big pockets of trees between the buildings.  They will plant evergreens, deciduous and wildflowers.


Mayor Thomson explained to the public what the Planning Board does.  He said the Board has to live with statutes made by the Governing Body and Master Plan.  He said this applicant has the right to build a 240,000 s.f. building.  They already have approval.  Some things have changed since that approval.  More parking spaces are required.  He said the Board is trying to make this site better.  Mayor Thomson said the only variance is for soil removal.  He said this is a reduction in intensity.  They will comply with new ordinances.


Chairman Braun said the drainage requirements have become stricter.  It has been reconstructed from a 25 year storm to a 100 year storm. 


Attorney Aikins said drainage regulations have gotten stricter in town. 


Mr. McCarthy said they will comply with planner comments.  He said they will plant shade trees at the entrance along Wyckoff Road.  The easterly parking area will be buffered.  He said they will also add more landscaping in the aisle area throughout the parking area.


Mr. McCarthy said the lighting will also conform to the ordinance.  The lights will be 25’ high.  There will be a few building mounted lights.  They will be shielded.  They will all face down. 


Mr. McCarthy said they will comply with the planner’s letter regarding signage.  He said there is a 3½’ high sign proposed at the entrance.  There is a 3’ X 10’ sign proposed at each direction on Wyckoff Road. 


Mr. Tobia said there are no building mounted signs on this application.  Mr. McCarthy said that is correct. 

September 23, 2002                                                                                                    Page 4


Attorney Rubino asked if the applicant can comply with all letters.  Attorney Aikins said the applicant will comply with all professional letters.


Captain Morris asked if the entrance can be more on an angle.  Mr. McCarthy said yes.


Captain Morris asked if there were any sidewalks from the proposed building to NJNG building.  Mr. McCarthy said no, the sidewalks are further north.  Attorney Aikins said there will be no crossing over.  Mr. Maczuga said it should be made more inconvenient for people to walk over.  Chairman Braun said we should leave that the way it is.  We should keep it rural.  Attorney Aikins said that access is for emergencies only. 


Mr. Tobia said the color and exterior design will be approved by the Township engineer.  Attorney Aikins said they will submit samples to Mr. Gerken. 


Attorney Rubino said, regarding police communication, there may be more needed than a repeater.  Attorney Aikins said they will provide anything that is needed.


Mr. Maczuga said at the TRC meeting the roof top equipment and height would be in ordinance compliance and there will be coverage of the roof area.  All should be screened.  Mr. McCarthy said they will conform to the ordinances and Mr. Maczuga’s letter.


The application was open to the public.


Richard Durik, 5025 Megill Road, was sworn.  Mr. Durik said that area used to be residential.  He asked what is going to happen to the access of Megill and Wyckoff Road.  The neighborhood has been overcrowded with traffic.  He asked how the traffic is going to effect that intersection.  Attorney Aikins said it will go in a north direction. 


Mr. Durik asked why you can’t eliminate the access onto Wyckoff Road and go through the NJNG Company.  Attorney Aikins said Mr. Kataryniak will go over that. 


Attorney Rubino said you don’t want to put all that traffic onto one site.  He said the owner does not own that property.  That can’t be done.


Mr. Kataryniak gave his credentials which were accepted by the Board. 


Mr. Kataryniak said they have agreed to realign the driveway to the north. 


Mr. Durik said how far that is from the intersection.  Mr. McCarthy said 300’ away.  Attorney Rubino asked if it could be moved to the north.  Mr. McCarthy said we can bring it to the north a little bit more, maybe 40’ – 50’.


Mr. Durik asked about the easement on Megill Road regarding the utilities.  Mr. McCarthy said we were told not to disturb Megill Road.  It was recently paved.  He said they were told they need to put them over Megill Road.  Mr. McCarthy said the only disturbance is on an angle.  It will be done at the shortest distance. 

September 23, 2002                                                                                                    Page 5


Mr. Tobia said the maximum disturbance will be 10’.  Mr. McCarthy agreed to that.


Mr. Durik asked what the height of the building is going to be.  Attorney Aikins said 40’. 


Jules Bellisio, 5224 Megill Road, was sworn.  Mr. Bellisio asked about the noise and mechanical equipment.  He stated NJNG’s generator runs 24 hours a day.  Chairman Braun said there is a noise ordinance.  He said the HVAC will not exceed that.  Attorney Aikins said there is only an emergency generator. 


Paul Kuchta, 5107 Megill Road, was sworn.  Mr. Kuchta said at the intersection of Wyckoff and Megill Road, when you come over that rise you cannot see that driveway coming out.  He said there is a very steep hill.  He sand the applicant has to consider moving that driveway north.  Chairman Braun said they will move it north.  Chairman Braun said they are trying to keep any additional cars from going through Megill Road. 


Chairman Braun asked if the applicant is going to bring the curb up to the school and then stop.  Mr. McCarthy said that is correct.


Mr. Kuchta said he is concerned about the retaining wall.  He asked for the elevation of the parking lot.  Chairman Braun said 121.  Mr. McCarthy said the wall will only be 2’.  Chairman Braun said the only reason for the wall is to hold back the trees.  Mr. Kuchta said the grade will then be the same.  Mr. McCarthy said the height of the retention wall will be at the existing grade.


Mr. Kuchta asked if the building can be moved so it is 100’ off the street.  Mr. McCarthy said if they did that they would have to take more trees out. 


Mr. Kuchta asked if the lights were gong to be higher than the houses.  Mr. McCarthy said the lights shine in a downward direction.  Mr. Kuchta asked if he was going to see those lights from his house.  Chairman Braun said the Board doesn’t think so.  He said the closest one to Megill Road is 100’.


Mr. Kuchta asked how much dirt are you going to remove from this property.  Mr. McCarthy said the estimate is 100,000 cubic yards.  Mr. Kuchta asked if that was going to affect his well.  Mr. McCarthy said it is not going to affect the water table.  Attorney Rubino said the Board can make it a condition of the resolution that the removal of that dirt will not affect the wells. 


Mr. Tobia said, regarding soil removal, the applicant must meet with the Wall Police Department regarding truck route.  They will go out Route 34 not Megill Road.


Fred Behringer, 1507 Wyckoff Road, was sworn.  Mr. Behringer said coming out onto Wyckoff Road will be a left only.  Mr. McCarthy said yes.  Mr. Behringer asked what happens if they come out and make a right.  Attorney Rubino said it will be an illegal right turn.  He said if Mr. Behringer’s notices that to contact the Police Department or Land Use.  Mr. Behringer asked what if they make a right turn out of NJNG.  Chairman Braun said they will enforce the no right

September 23, 2002                                                                                                    Page 6


turn.  Attorney Rubino said that access road is for emergency facilities only.  He said if it gets to be a problem notify the Police Department or Land Use.  Mr. Behringer asked if they can go north onto that property.  If they do we will have a lot of traffic.  Attorney Aikins said most of the traffic will come from Route 34/Wyckoff Road.


Mr. Behringer said if you come out of the building and turn and go down to Route 34 the hill coming off Megill Road is extremely steep.  He said in the winter time the cars will be slipping.  It will be hard to stop.  He asked if that access could be as close to Route 34 as possible.


Mr. Behringer asked about utilities going down Megill Road.  Attorney Aikins said Verizon and JCP&L said we have to hook up there.  Attorney Rubino asked Attorney Aikins to send Verizon and JCP&L a letter asking for utility access to be across Wyckoff.  He asked Attorney Aikins for a copy of the response to that letter when he receives one.


Beverly Krott, 5302 Megill Road, was sworn.  Ms. Krott said she has been to meetings many times and addressed that corner.  She said she drives there several times a day and says a prayer every time.  She asked if there was any chance that hill could be shaved.  Mr. Kataryniak said there are some grading issues there.  The trouble is the approach to the intersection.  He said if they shave it, it will affect utilities, grading, etc.  Chairman Braun asked if a blinking, amber light would help.  Mr. Kataryniak said you have to prove it warrants an amber light.  It is possible. 


Mayor Thomson said the Township Committee and Police Department have been looking at a number of intersections.  He said they are planning to replace the Collingwood Circle.  He said the Township Committee will look into a light there.  He said Wyckoff Road is going to get quite a bit of attention.


Ms. Krott said the left turn only does not mean they are not going to get the traffic.


Mike Barnick, 5113 Megill Road, sworn.  Mr. Barnick asked if there was a no left turn out of NJNG.  Chairman Braun said no.  Attorney Aikins said they could look at the resolution and see if one was required.  He said this applicant does not control that property.  Attorney Rubino said if it was not required we cannot come along and say they have to put one up. 


Mr. Barnick asked if there was going to be three lanes where the new stripping is going to be done.  Mr. Kataryniak said there will be one lane in each direction.  It will not be stripped for three lanes.


Mr. Barnick asked how much of an angle is going to be on that driveway north.  Mr. Kataryniak said it is at about a 60 degree angle.


Pat Behringer, 1507 Wyckoff Road, was sworn.  Ms. Behringer asked if there was something that could be done to make the cars make a left turn.  Mr. Kataryniak said with the curbing they have to make a left turn. 


Ms. Behringer asked if the lights have to remain on all night.  Attorney Aikins said at some point during the evening some lights will be turned off.  He said they could work with the planner and

September 23, 2002                                                                                                    Page 7


dim the lights near the residences.


Ms. Behringer asked about the buffering on Wyckoff Road.  Mr. McCarthy said they are proposing shade trees.


Elaine Barnick, 5103 Megill Road, was sworn.  Ms. Barnick said she has four children.  She said there are a lot of children getting on the bus near that intersection.  Chairman Braun said the County will come out and look at that intersection.


Jean Larson, 5111 Megill Road, was sworn.  Ms. Larson asked how much fill is being taken out and where is the fill being taken from.  Mr. McCarthy said most of the dirt would come out by the north portion of the building.  He said that is where the higher grades are.


Ms. Larson asked about the grade near the retaining wall.  Mr. McCarthy said the grade will stay the same. 


Carol Bellisio, 5224 Megill Road, was sworn.  Ms. Bellisio said she would like the utilities to come in at the wider section so it is not in front of her house.  Chairman Braun said they are trying for Wyckoff Road.


Paul Kuchta, 5107 Megill Road, previously sworn.  Mr. Kuchta asked who he goes to if he has a problem.  Chairman Braun said John Hoffmann, 449-8444 *211.  Attorney Rubino said he would suggest the Land Use Office and if you are not happy then call the Wall Police Department.  He said you can also come back to a meeting and at the end of the meeting we can see if we can fix your problems.  You can also call the Mayor. 


Mr. Kuchta said a lot of dirt has to be removed.  He said it has to be cleaned up everyday.  Mayor Thomson said that is the Land Use Office.


Committeeman Devlin said if you need someone to call, you can call us.  He said his number is in the phone book.


Captain Morris said we rely on the residents regarding traffic problems.  He asked the residents to please call the Police Department and let them know about any traffic problems. 


The application was closed.


Attorney Rubino explained the TRC process.  He explained the applicant meets with the Technical Review Committee.  No Board members come to those meetings.  He said we meet the applicant and try to sort out the problems. 


The Board recessed at 9:40 P.M.


The meeting resumed at 9:53 P.M.


Captain Morris said he just wants to make sure there is no parking on the access road.  Attorney

September 23, 2002                                                                                                    Page 8


Aikins said there will be no parking there.  Mr. Tobia asked for signs stating that. 


Captain Morris asked if this was a 24 hour a day operation.  Attorney Aikins said no, they will have corporate hours.


Mr. Tobia moved to approve the application for Preliminary and Final 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 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 shall contribution a minimum of $250,000 for improvements to intersection.  The applicant shall submit an application for Subtitle 1 of Title 39.  The application shall install a Knox Box system.  The applicant shall schedule a pre-construction hearing with Police Department regarding truck traffic, schedules and operations.  The applicant shall provide enhancements to Police Department communication system subject to approval of Police Department as requested but not limited to repeater, etc.  All parking lot lamp poles shall be numbered for emergency service response.  Driveway shall be designed to facilitate no right turn on Wyckoff Road.  A stop sign shall be provided at property line of access road.  No façade signage shall be permitted.  Applicant shall provide color samples and/or color rendering for exterior and shall be subject to Board Planner approval.  Landscaping shall be enhanced subject to Board Engineer and Planner approval.  Buffer area and existing trees shall be clearly delineated by orange construction fence.  This buffer area shall be enhanced with Norway spruce, Leyland cypress, Mount Laurel, etc.  Access roadway shall include no parking signage.  Applicant shall schedule and provide training for emergency services.  Applicant shall comply with Township ordinance regarding elevator requirements.  A soil removal permit shall be obtained.  Trash enclosure in front yard shall be further away from residential areas.  The driveway going to Wyckoff Road shall be moved north 40’ – 50’.  No parking on both interstate roadways.  Applicant shall request JCP&L and Verizon to relocate utility access point.  Applicant shall provident a light dimming plan for Board engineer and Police Department review.  Generator enclosure shall be super critical for noise resolution of 25 decimals.  Waivers are provided as requested.  A wildlife displacement statement shall be added to the EIS as requested by Master Plan.  Mayor Thomson seconded the motion which was unanimously approved by a roll call vote.  (Messrs. Tobia, Thomson, Devlin, Morris, Rible 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 10:00 P.M.



                                                                        Respectfully submitted,



                                                                        Betty Schinestuhl

                                                                        Recording Secretary