WALL TOWNSHIP PLANNING BOARD

MINUTES - REGULAR MEETING

MUNICIPAL MEETING ROOM

OCTOBER 27, 2003

Chairman Braun called to order the regular meeting of the Wall Township Planning Board at 7:45 P.M. Members present were Braun, Tobia, Brosnan, Morris, Wilson, Luttman, Rible, Kiley, Attorney Rubino, Engineer Gerken, Planner Maczuga, Traffic Engineer Liz Oltman, 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 Board has a full agenda tonight. The A-1 Landscaping and Masotti application will be carried. They must re-notice. The Ferrante application will be carried to January 12, 2004. New notice will be provided.

CARRIED APPLICATION

ALLAIRE PROPERTIES – PB#7-2003 – Airport Boulevard & Route 34 N, Block 942, Lots 37 & 57, OR-2 zone. Application complete: February 3, 2003. Carried from October 6, 2003. Applicant seeks approval for mix use development consisting of 329,125 s.f. of office space, 100- room hotel, 180-seat restaurant and a 9,000 s.f. manufacturing facility.

Salvatore Alfieri, Esq. appeared for the applicant.

Attorney Alfieri said at the last meeting the Board had some issues regarding traffic. He said he has no new witnesses.

Sworn by Reporter Arnone: Liz Oltman, Traffic Expert

John Maczuga, Planner

All other witnesses were sworn at the previous meeting.

Attorney Alfieri said Mr. Dahms will present a solution to the traffic situation.

Mr. Dahms, using A-13, said the concerns were regarding queuing onto Route 34. He said they have come up with a solution. We are still seeking the same approvals. We will limit the number of buildings on site.

Entered into evidence:

A-17 Rendering

October 27, 2003 Page 2

Chairman Braun asked Mr. Dahms to explain what buildings are being proposed. Mr. Dahms said in the initial phase we are proposing the bank, warehouse and six office buildings. The building next to the bank will be built at a future date. When we are ready for the three smaller buildings we will come back and do a new traffic study. Chairman Braun asked if all the buildings are the same size. Mr. Dahms said yes, 29,500 s.f. each. They are all identical. The buildings on the loop road will be built first. The applicant will build a main circulation road going around the property. The applicant will make improvements to Airport Boulevard. Airport Boulevard will be widened and an extra left turn lane will be added. The Lab Volt building has a two way driveway and it goes into the jug handle. We will make that an exit only. There will be a full in and out driveway off Airport Boulevard. Regarding the Hall site we have agreed to provide additional connection at the southeast corner across from our parking lot and across the back out to Route 34.

Chairman Braun said the changes you are telling us about are not on any map. Attorney Rubino said the Board likes to see plans.

Chairman Braun said there are some engineering details we are not clear on. He said a grading plan needs to be done. He asked what the applicant is going to do with the other pad sites.

Entered into evidence:

A-18 Rendering of site plan

Mr. Dahms said some of the site work that is going to be done is construction of a loop road. There will be improvements made to Airport Boulevard. Three detention basins will be constructed. General earth work will be done. There will be full clearing of the site. The buildings will be built according to the site plan. Utilities will also be installed in the initial phase. The bank, small office building and warehouse will follow. Parking lots, etc. will then be constructed. Chairman Braun asked Mr. Gerken if this was doable. Mr. Gerken said yes.

Mr. Dahms said, regarding drainage, everything flows back to the wetlands. We are not going to fine grade. Chairman Braun said the Board is not happy dealing with phases of construction that we have to deal with because of economics. Mr. Tobia said all stabilization should be done before building permits are issued. Mr. Dahms said that is fine.

Committeeman Brosnan said he has a concern with the jug handle. When the light is red and you try to make a left hand turn you will have traffic coming from Airport Boulevard and the stop sign there will be a stacking of cars coming off the northbound lane attempting to cross the road. That will cause a safety issue. Mr. Dahms said we can eliminate the U-turn and make it a right turn only. Captain Morris said he doesn’t think that will work. Some serious adjustments need to be made to the intersection. Mr. Dahms said if we eliminate everything and make it a right in and right out only that just moves the problem. It needs to be looked at at a regional study. Captain Morris asked if Mr. Dahms has met with NJDOT. Mr. Dahms said they made application to NJDOT on the original application. They have applied for a NJDOT major access permit. He said they have had a few pre-application meetings with NJDOT.

October 27, 2003 Page 3

Captain Morris asked about a bridge going over Route 34. Mr. Dahms said no to the bridge and said they also do not meet the qualifications for additional traffic lights.

Mr. Tobia asked what would happen if the existing traffic light at Airport Boulevard was eliminated and a new traffic light be put at the site. Mr. Dahms said there is barely enough room to get two traffic signals in. It would not be feasible considering the existing buildings.

Mr. Rible asked for the percentage of vehicles making a right turn out of the site at the south end. Mr. Dahms said there will be approximately 39 vehicles at peak PM hours. Mr. Rible asked if that included the bank. Mr. Dahms said yes. Mr. Dahms said we have come up with an interim solution.

Chairman Braun said you are building everything but two buildings and the Board has a number of concerns.

Entered into evidence:

A-19 Traffic Impact study dated October 27, 2003 also showing site driveway

Mr. Dahms said A-19 shows the driveway improvements, such as, the widening of Airport Boulevard, dual left out onto the southbound side and provide dual left stacking back to the westerly most driveway of Hall Construction. It also shows the improvements to the Lab Volt driveways. He said they have an agreement with Hall Construction regarding additional access through our parking lot. Chairman Braun said the Board has a concern with the creation of a new u-turn. Mr. Dahms said we don’t have to do that. Captain Morris, regarding NJDOT, said he does not think there are any plans for Route 34 now. Mr. Dahms said they are just looking at it. Attorney Alfieri said they are just speaking in theory as if the last two buildings are going to be built. Attorney Rubino said he thought there was going to be only four buildings built. Mr. Dahms said the bank and six office buildings. Ms. Oltman said the traffic expert used the standards set by NJDOT. She said she agrees with the queuing analysis. Mr. Tobia said this is not going to work with what’s there. This Board needs to know what this will do to Belmar Boulevard. Belmar Boulevard does not work now. Mr. Kiley asked if they thought about building the project so it will not impact the traffic. Attorney Alfieri said the traffic is not adequate now at that intersection. Chairman Braun said the Board is not only concerned with the queuing we also have other concerns. Chairman Braun said the applicant needs to put these ideas on the plan.

Mr. Tobia said there are other applications that are requesting building on Route 34. He suggested the applicant schedule a meeting with NJDOT, Board Engineer, Wall Township Police Department and our attorney.

Chairman Braun suggested scheduling another TRC. Chairman Braun said the next available meeting will be January 2004.

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Attorney Alfieri said we cannot solve the traffic problem. The only thing we can solve is the queuing problem on our site. Mr. Gatto said at the last TRC we could not solve the traffic problems on Route 34. We don’t have the ability to solve them. Mr. Tobia said you are going to make it worse. Meet with NJDOT.

Attorney Alfieri said they will come back in December.

Committeeman Brosnan said to consider the north entrance as some type of u-turn and run that by the NJDOT and see if it’s okay with them. We know that intersection is a problem now and we don’t want it worse.

Chairman Braun said this application will be carried to December 1, 2003 and January 12, 2004. No additional notice is required. Attorney Alfieri waived the time limits.

Attorney Rubino told Attorney Alfieri if they cannot make it December 1 they will have to renotice for January 2004.

NEW APPLICATIONS:

D & O ASSOCIATES – PB#30-2003 – 1670 Route 34, Block 942, Lots 35, 36, 38 & 67, OR-2 zone. Date application deemed complete: August 13, 2003. Applicant is requesting permission for Minor Subdivision approval to add a portion of lot 38 to lots 35, 36 & 87. Applicant is also requesting preliminary and final site plan approval to construct a class “A” office building containing 38,400 s.f. of gross floor area on new lot 38. Minor/Site with variances.

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

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

The Board recessed at 9:10 P.M.

The meeting resumed at 9:20 P.M.

Entered into evidence:

A-1 Jurisdictional Items

A-2 Preliminary & Final site plan prepared by T & M Associates last revised October 10, 2003

A-3 EIS prepared by T & M Associates dated October 2002

A-4 Site work specifications prepared by T & M Associates last revised October 10, 2003

A-5 Sanitary Sewer Pump Station and Force Main Calculations prepared by T & M Associates dated October 24, 2002

A-6 Stormwater Management report & calculations prepared by T & M Associates last revised October 8, 2003

A-7 Monmouth County Board of Health letter dated September 4, 2003

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A-8 Monmouth County Planning Board letter dated September 22, 2003

A-9 Monmouth County Planning Board letter dated September 22, 2003

A-10 Traffic Report prepared by Gary Dahms dated October 22, 2003

A-11 LOI prepared by NJDEP dated December 28, 2001

A-12 Preliminary & Final lot consolidation plan prepared by T & M Associates last revised October 10, 2003

A-13 ALT/ACSM Land Title Survey prepared by Richard Moralle dated July 30, 2002

A-14 Diagram describing properties being swapped with Wall Township of Wall

A-15 Rendering of site plan

A-16 Architectural rendering

PB-1 Bureau of Fire Prevention letter dated August 18, 2003

PB-2 Wall Township Environmental Advisory Committee letter dated August 24, 2003

PB-3 Review letter from Glenn Gerken, Schoor DePalma, dated September 22, 2003

PB-4 Wall Township Police Department letter dated August 14, 2003

PB-5 Review letter from Cheryl Bergailo, Schoor DePalma, dated September 16, 2003

PB-6 Review letter from Cheryl Bergailo, Schoor DePalma, dated October 21, 2003

PB-7 Review letter from Glenn Gerken, Schoor DePalma, dated October 23, 2003

PB-8 Glendola Fire Company letter dated October 10, 2003

PB-9 Traffic Impact Study prepared by Nicholas Verderese dated October 27, 2003

Sworn by Reporter Arnone: Gary Dahms, Planner & Engineer

Lino DeAlmeida, Jr.

Glenn Gerken, Engineer

John Maczuga, Planner

Liz Oltman, Traffic Expert

Attorney Middleton explained the site is located on Route 34. It is north of the previous application. It is located in the OR-2 zone. Lot 87 is owned by the Township. The applicant is proposing to construct a 38,400 s.f. building with a basement. The basement will be for storage and mechanicals only. The site consists of 9.3 acres. Two variances are required, one for loading space and one for light spillage.

Attorney Middleton said 20% of maximum building coverage is allowed and we are proposing a little over 5%. Most of the site will remain green. 65% maximum impervious coverage is allowed and we are proposing 29.4%.

Attorney Middleton explained the township owns lots 35, 36 and 87. The applicant is proposing to take all of lot 87 and add it to lots 35 and 36. The applicant will get title to that. Mr. Tobia asked how much land. Attorney Middleton said about two acres. The applicant will give a portion of lot 37 to the township in exchange for lot 87.

Mr. Dahms, using A-15, stated the property fronts on Route 34. A portion of the site to the north is wetlands. It contains 9.31 acres. It is vacant land. To the south is a proposed development.

October 27, 2003 Page 6

Mr. Dahms said the applicant is proposing a two-story, 38,400 s.f. office building. There will be a right in and right out off of Route 34. The applicant is proposing 192 parking spaces. There will be circulation around the entire building. A single loading zone is proposed in the rear area to service the entire office building. Next to the loading zone there will be a dumpster. Impervious and building coverage is less than what is allowed. The applicant will honor all bulk requirements.

Mr. Dahms said the parking lot lights will be 30’ high shoebox type. They will be throughout the parking lot.

Mr. Dahms explained the drainage system. Stormwater run-off will be collected in a series of inlets and directed to the detention basin. Outflows will be discharged into the wetlands. Regarding utilities, water will be connected from the south. The sewer will be taken out of the building, go under Route 34 to the existing sewer main. Gas, electric, etc. will be connected. Landscaping will conform to the ordinance. The applicant is proposing over 600 trees, shrubs, buffer etc.

Mr. Dahms said the property slopes from the south to the north. Along the east there will be some retaining walls. There is a 7’ change in grade between the two projects.

Mr. Dahms went over the variances required. Three loading zones are required and one is proposed. There will be slight spillage of light across the property line. It is slightly greater than 0.5 foot candles.

Entered into evidence:

A-17 Copy of the site plan

Regarding the loading zones Mr. Tobia recommended two parking spots for small truck deliveries. Mr. Dahms agreed.

Chairman Braun said the Board had no issues with the light variance.

Mr. Maczuga asked if the parking stall variance had been eliminated. Mr. Dahms said yes. He said they took a foot off some of the larger islands.

Attorney Middleton said the applicant can comply with the engineer and planner’s review letters.

Chairman Braun asked if the project will be sending the traffic to Belmar Boulevard. Attorney Middleton said yes.

Mr. Dahms said they have submitted application to NJDOT for access permit along with other permits. They are pending.

Captain Morris asked if the offices will be closing between 4:30 – 5:00 P.M. Attorney

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Middleton said there could be offices with different closing times.

Mr. Kiley asked if a traffic study was done on Belmar Boulevard. Mr. Dahms said no. He said they can ask NJDOT for a change in green time at that location.

Mr. DeAlmeida, engineer with a law degree and construction manager said he plans on moving his office to this site. He will need 5,000 s.f.

Attorney Middleton asked Mr. DeAlmeida what type of tenant will house the building. Mr. DeAlmeida said realtor, etc. He said it is not a good spot for a medical office. It will house general executive offices. Maybe some attorneys. The building will be brick and stucco. It will be red brick. It will be Class A office space. There will be an elevator. There will be a reception area.

Captain Morris asked if there will be any construction vehicles on site. Mr. DeAlmeida said no.

Ms. Wilson asked would the percentage of people coming from the south be similar as the prior application. Mr. Dahms said yes. Ms. Wilson said that will be a strain on Belmar Boulevard.

Chairman Braun asked Ms. Oltman what the applicant needs to satisfy for the township ordinances. Ms. Oltman said because it directly accesses a state highway the approval for the driveway is under DOT regulations. The traffic generated by this does not need a study. They just need to study their intersection.

Ms. Wilson asked how many tenants will house the building. Mr. DeAlmeida said approximately 10 – 15.

Ms. Oltman asked for the volume of traffic during peak hours.

Chairman Braun said we have not reviewed the traffic report. We will do that at our next meeting.

Mr. Dahms said during peak hours in the AM 60 vehicles will enter the site. It will be the same at the PM.

Ms. Wilson said 60 cars would be coming out. How many of those cars will be going south? Mr. Dahms said they may go to the Garden State Parkway. He said there are other ways to go south. Ms. Wilson suggested the applicant install a guardrail so cars would not cross the media to go south.

Captain Morris asked for some type of traffic pattern through the site. Mr. Dahms said we have done that. It is on Sheet 3.

Chairman Braun said this application will be carried to November 3, 2003.

October 27, 2003 Page 8

10:00 P.M. Mr. Kiley left the meeting.

PASQUALE & MARIA RODRIQUEZ – PB#38-2003 – 2427 Emerson Avenue, Block 93, Lot 160, R-10 zone. Application Deemed Complete September 15, 2003. Applicant requests permission to subdivide lot into two (2) conforming lots. Minor

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

Timothy B. Middleton Esq. appeared for the applicant.

Attorney Middleton explained this application is for a minor subdivision. There is a garage on one of the proposed lots. The applicant proposes to build around that garage. The property is located in the R-10 zone. The property is approximately 31,396 s.f. The lots have three times the amount of s.f. than is required. The proposed corner lot will be 19,984 s.f. and the other lot will be 11,412 s.f. There are no variances required. The applicant proposes to subdivide the property and then add to the existing garage.

Entered into evidence:

A-1 Jurisdictional Items

A-2 Copy of survey

A-3 Monmouth County Board of Health letter dated September 19, 2003

A-4 Plan for Minor Subdivision prepared by R. Carpenter dated April 2, 2003

A-5 Elevation of front setback

A-6 Aerial taken March 1997

PB-1 Review letter from Glenn Gerken, Schoor DePalma, dated October 16, 2003

PB-2 Review letter from John Hoffmann, Township Planner, dated October 7, 2003

Sworn by Reporter Arnone: Maria Rodriquez

Glenn Gerken, Engineer

John Maczuga, Planner

Attorney Middleton said the garage apartment has not been rented. The property contains a two-story frame house with detached garage, in-ground pool, shed, patios, decks and driveways. There is a retaining wall located within the ROW. The applicant is proposing a second story on the garage. No variances are needed. Construction will start around April 2004.

Attorney Rubino asked what will be done with the existing garage. The Board, in the past, have required bonds to insure the completion of the addition or the removal of the garage within a certain amount of time.

Mrs. Rodriquez said she plans on subdividing the property and selling the corner lot.

Attorney Middleton said your intention is to subdivide the property and sell the house on the

October 27, 2003 Page 9

corner, add to the garage and live in it. Mrs. Rodriquez said yes. She explained her needs have changed. She doesn’t need that large piece of property. She likes the area and would like to stay

there.

Attorney Middleton asked Mrs. Rodriquez where she worked. Mrs. Rodriquez said at the Intermediate School.

Attorney Middleton asked if the pool was there when Mrs. Rodriquez purchased the property. Mrs. Rodriquez said yes.

Attorney Middleton said the garage is being used as a cabana. Mrs. Rodriquez said yes.

Attorney Middleton asked if there was a kitchen, bathroom or TV in the cabana. Mrs. Rodriquez said there is no kitchen but there is a bathroom and a TV.

Attorney Middleton asked if the garage was ever rented. Mrs. Rodriquez said no. She explained her parents stayed there sometimes and her kids played there.

Attorney Middleton asked when construction will begin. Mrs. Rodriquez said April 2004. Attorney Middleton asked how long construction will take. Mrs. Rodriquez said about three months.

Attorney Middleton asked if she will be selling the existing house at that time. Mrs. Rodriquez said yes.

Attorney Middleton asked if Mrs. Rodriquez would be willing to post a bond to guarantee completion of the project. Mrs. Rodriquez said yes.

Ms. Wilson asked how many rooms are in the garage. Mrs. Rodriquez said there is one big area. There is a bathroom, refrigerator, sink and counter.

Ms. Wilson asked if Mrs. Rodriquez uses the garage for cars. Mrs. Rodriquez said no.

Ms. Wilson asked what is behind the garage doors. Mrs. Rodriquez said there is an area for parking. I use it for storage. There is a door from the garage to get to the big room.

Ms. Wilson asked if there was a second story. Mrs. Rodriquez said no. There is just pull down stairs.

Ms. Wilson asked if this was existing. Mrs. Rodriquez said yes.

Chairman Braun said this is a beautiful home and piece of property. Now it will have a 25’ backyard and that is tough for this Board. You have a unique piece of property.

Chairman Braun asked Mr. Gerken about impervious coverage. Mr. Gerken said it is ok.

October 27, 2003 Page 10

Ms. Wilson said there is a small piece that is attached to the garage, what is that. Mrs. Rodriquez said it is an entrance foyer.

Committeeman Brosnan asked if the garage is sheet rocked. Mrs. Rodriquez said the big area has paneling.

Committeeman Brosnan asked if the cabana had heat. Mrs. Rodriquez said yes.

Committeeman Brosnan asked if there was a c.o. issued. Mr. Rodriquez said no and she didn’t think it was a problem. Committeeman Brosnan said there is a requirement for a c.o.

Committeeman Brosnan asked how close is the pool to the garage. Attorney Middleton said 11’.

Chairman Braun asked if there was any buffer between the property lines. Attorney Middleton said the applicant will plant buffer between the two properties.

Mr. Luttman asked what is the time frame for the removal of the deck. Attorney Middleton said everything will be removed before the deed is filed.

The application was open to the public.

Kevin Runyon was sworn. Mr. Runyon said he is concerned about the size of the dwelling. He wants to make sure it will conform to the rest of the neighborhood. Attorney Middleton said 540 s.f. is being added. Mr. Runyon asked what the total for the house is. Attorney Middleton said building coverage will be 15%. Mr. Runyon said all the dwellings on that street are 2200+ s.f.

Attorney Rubino said the Board can only make them conform to setbacks, etc. Mr. Gerken said the dwelling will have a total of 2200 s.f.

The application was closed to the public.

Ms. Wilson asked, regarding Mr. Gerken’s letter of October 16, 2003, if the applicant will provide a sight triangle at the intersection. Attorney Middleton said that will be provided.

Ms. Wilson asked if a detail was provided for the proposed driveway widening. Attorney Middleton said Mr. Carpenter will submit that.

Attorney Middleton said the applicant can comply with Mr. Gerken’s review letter.

Ms. Wilson asked about Mr. Hoffmann’s letter. Attorney Middleton said he never received a copy. Attorney Middleton was given a copy of the letter. He said they will comply with everything in the letter.

Attorney Rubino asked Mr. Gerken for a figure for escrow regarding the time frame for the completion of the project. Mr. Gerken said $15,000. Attorney Rubino said the house must be up

October 27, 2003 Page 11

within one year. If for some reason you cannot have it done you will have to come back and tell us what is going on.

Ms. Wilson moved to approve the application for minor subdivision subject to payment of taxes and applicable assessments. The applicant must obtain approval from Monmouth County Planning Board and Monmouth County Board of Health. The applicant shall comply with review letters of Board Professionals. The applicant must remove the retaining wall on proposed lot 160.02 which is located within the ROW of Glendale Parkway. The driveway must be cut back behind the property line. Utilities benefiting proposed lot 160.02 must be relocated to the east on the other side of the driveway. A sight triangle will be provided at the intersection of Glendale Parkway and Emerson Avenue on proposed lot 16.02 in accordance with township ordinance. A road opening permit will be required prior to any utility or other cuts into public ROW. A building permit will be obtained for deck reduction, various decking, patio areas and driveway sections detailed on map to be removed. They will be removed prior to signing of maps. A fence is required to surround the pool and must comply with township ordinance. A buffer will be provided between the two proposed lots consisting of Leyland Cyprus. A $15,000 bond must be submitted to guarantee the house is complete within one year. If the house is not complete the applicant must come before the Board. Mr. Rible seconded the motion which was unanimously approved by a roll call vote. (Ms. Wilson, Messrs. Rible, Brosnan, Luttman, Morris, Tobia and Braun voted yes.)

RESOLUTIONS TO BE MEMORIALIZED

CAPABIANCA – PB#26-2002

Block 23, Lot 23

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

COMMERCIAL REALTY & RESOURCES – PB#29-2003

Block 913, Lots 25 & 35

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

MINUTES TO BE APPROVED

Mr. Tobia moved to approve the minutes of the Regular and Workshop Meetings of September 8, 2003. Ms. Wilson 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 10:48 P.M.

October 27, 2003 Page 12

Respectfully submitted,

Betty Schinestuhl

Recording Secretary