MINUTES -
REGULAR MEETING
MUNICIPAL
MEETING ROOM
OCTOBER 28,
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, Devlin, Morris, Giardina, Kean, Farrell, Attorney Rubino, Attorney
Hirsch, Engineer Gerken, 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 and the Board congratulated Mr. Kean on being voted Assemblyman.
Chairman
Hirsch announced Lepis will be first followed by EPL Group, Richard Mueller and
Commercial Realty.
Attorney
Rubino stepped down for the Lepis application.
Attorney Hirsch filled in.
CARRIED APPLICATION
MICHAEL LEPIS - PB#15-2002 – 2420 Route 34, Block 814,
Lot 2, OB-40 zone. Date application
complete: June 10, 2002. Carried from
August 5, 2002. Site plan with variance.
Timothy
B. Middleton, Esq. appeared for the applicant.
Entered
into evidence:
A-12 Site Plan Maps last revised August 30, 2002
A-13 Aerial Photo taken in 1997 by Monmouth
County Planning Board
Chairman
Braun said there are issues regarding the apartment.
Attorney
Middleton stated Dr. Lepis would like to live in the apartment. When his practice is established he would
convert the apartment into medical offices.
Mr. Tobia said the apartment is not to be leased out to another
doctor. Attorney Middleton said it
would be only for Dr. Lepis. Chairman
Braun said if he sells it to another doctor the same rules apply. He said if in the future Dr. Lepis sells the
property to another doctor, that doctor would only be permitted to use the
apartment for his use. Mr. Tobia
disagreed. He said the apartment should
be used only by Dr. Lepis. He said if
the property is sold that apartment should cease. Committeeman Devlin agreed.
He said this apartment is for Dr. Lepis and Dr. Lepis only. Attorney Middleton agreed.
Attorney
Middleton said the parking spaces were eliminated as an issue. He said the sheds have been eliminated. The only other issue is the addition. It will be 75’ from Paynters Road and 135’
October
28 2002 Page
2
from
Route 34.
Chairman
Braun said the only other concern was paving of the parking lot. Chairman Braun
stated
the Engineer feels the entire parking area should be paved. Mr. Gerken said there are enough changes
there that it would look like a checker board.
He said the whole parking area should be paved. Attorney Middleton agreed.
Mr.
Maczuga asked if there was a basement.
Attorney Middleton said no.
Chairman
Braun asked Attorney Middleton to review the variances. Attorney Middleton listed the
variances. He said a front yard setback
of 100’ is required where 75’ is proposed.
He said a variance is needed for trash enclosure in the front yard. He said the property has two front
yards. Attorney Middleton said there is
an existing issue regarding building height.
He said the building is 32’ where 30‘ is permitted. Attorney Middleton said he thinks the
building is more like 25’. He said they
are still applying for that variance.
Chairman
Braun said he has a concern regarding the possibility of the property becoming
a cut through lot between Route 34 and Paynters Road. He said if there is a problem they should contact the Wall Police
Department. Captain Morris suggested a “No
Cut Through” sign. Attorney Middleton
agreed.
Mr.
Tobia asked about signage. Dr. Lepis
said they proposed three signs. He said
they did away with one. He said there
will be a sign on Paynters Road and one on the building. He said it will conform to township
ordinances. Attorney Middleton said he
will provide the engineer with the signage package.
The
application was open and closed to the public.
Mr.
Tobia moved to approve the application for site plan with variances subject to
the payment of taxes and applicable assessments. The applicant shall comply with the review letters of the Board
Professionals, Wall Township Fire Prevention, Wall Township Police Department
and NJDOT. 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 submit application for Subtitle 1 of Title
39. The applicant shall install a Knox
Box system. The applicant shall obtain
a tree removal permit. The applicant
shall meet with Wall Township Police prior to start of construction to
establish truck route. There will be no
construction traffic on Paynters Road. The
parking lot shall be completely resurfaced.
Additional landscaping shall be done at trash enclosure. Applicant shall remove sheds. The Board Planner shall approve exterior
façade and colors. Applicant shall be
allowed to use residential area for his use only. When no longer used by applicant or if property is sold residence
shall be eliminated. A sign shall be
placed on the property stating “No Through Traffic.” The applicant must come before the Planning Board when converting
apartment to medical office. Variances
for front yard setback and trash
October
28, 2002 Page 3
enclosure
is granted. Grant use variance to allow
residential and commercial use on one lot.
Allow a nonconforming addition to a nonconforming building. Allow a 32’ height where 30’ is
permitted. Waivers are granted as
requested. Mr. Giardina seconded the
motion which was unanimously approved by a roll call vote. (Messrs. Tobia, Giardina, Devlin, Morris,
Farrell, Kean and Braun voted yes.)
Committeeman
Devlin and Captain Morris stepped down on this application. Attorney Rubino returned to the meeting.
EPL GROUP - PB#22-2002 – 1340 Route 138, Block 79,
Lot 14, R-20 zone. Date application
complete: July 8, 2002. Minor with
variances.
Attorney
Rubino reviewed the file and stated the Board had jurisdiction to proceed.
Richard
Weber, Esq. appeared for the applicant.
Entered
into evidence:
A-1 Jurisdictional Items
A-2 Minor Subdivision Map prepared by Robert
Ragan
A-3 Wetlands Delineation Report dated January 12, 2001
prepared by Aqua-Terra Environmental Services
A-4 DEP Land Use Regulation Program
Application Form dated October 10, 2002
PB-1 Review letter from Glenn Gerken, Schoor
DePalma, dated August 12, 2002
PB-2 Review letter from John Hoffmann dated September
4, 2002
Sworn
by Reporter Arnone: Glenn
Gerken, Engineer
John Maczuga, Special Planner
Timothy Clayton
Mr.
Clayton said EPL is the owner of the subject property. Mr. Clayton is a principal with the EPL
Group.
Mr.
Clayton explained that he is proposing to subdivide the lot into two
residential lots. Two new homes will be
built on the lots.
Attorney
Weber asked if the two sheds had been removed.
Mr. Clayton said yes.
Attorney
Weber asked if the tank has been removed.
Mr. Clayton said yes.
Mr.
Giardina asked if the house has been removed.
Mr. Clayton said it has been removed.
Attorney
Weber stated Mr. Clayton will not go before the Board of Adjustment for any
additional
October
28, 2002 Page 4
variances. Mr. Clayton said he understood that.
Attorney
Weber said the existing lot is 1.67 acres.
It will be subdivided into two lots.
One lot will be 34,727 s.f. and the second lot will be 36,776 s.f. Attorney Weber stated along Marconi Road
only two lots conform to the lot area requirement. He said they are undersized lots.
Mr.
Giardina asked if the applicant would be willing to increase the size of the
front yard setback. Chairman Braun said
the lots get wider toward the rear; he asked if the applicant would locate the
new homes back so they would conform with the setbacks of the homes already
there.
Attorney
Rubino asked if the applicant would agree to a minimum front yard setback of
65’.
Attorney
Weber agreed.
Mr.
Giardina asked for a footprint of the homes.
Attorney Weber said they have not gotten that far. Mr. Gerken said when the applicant applies
for a building permit he is required to submit a footprint of the houses.
The
application was open to the public.
Michael
Smith, 1444 Marconi Road, was sworn.
Mr. Smith asked how far the new house would be from his property. Attorney Weber said it is within the
regulations. Attorney Rubino said it
would be at least 15’ from his property.
Mr.
Smith said the new house is going to infringe on his backyard. He said it is going to affect the value of
his home. Mr. Gerken said the rear yard
setback is 15’. Attorney Rubino
explained if the applicant can build a house within the setback requirements it
is difficult to deny. He said the lots
are substantially oversized.
The
application was closed to the public.
Mr.
Giardina moved to approve the application 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
requirements of Monmouth County Board of Health and Monmouth County Planning
Board. The applicant will obtain
approval from DEP and DOT. The
applicant must submit a plan to the Board Professionals showing exactly where
the homes will be. They cannot be less
than 65’ from Highway 138. Mr. Farrell seconded
the motion which was unanimously approved by a roll call vote. (Messrs. Giardina, Farrell, Kean, Tobia and
Braun voted yes.)
Committeeman
Devlin and Captain Morris returned to the meeting.
RICHARD MUELLER - PB#28-2001
– 3410 W.
Hurley Pond Road, Block 942, Lots 79 & 132, OR-10 zone. Site plan with conditional use.
October
28, 2002 Page 5
Attorney
Rubino reviewed the file and stated the Board had jurisdiction to proceed.
Steven
Pardes, Esq. appeared for the applicant.
Entered
into evidence
A-1 Jurisdictional Items
A-2 Maps prepared by T & M Associates
dated July 8, 2002
A-3 Partial Plot Plan of proposed house
prepared by Benchmark
A-4 Building Specifications prepared by DeLuxe
Homes of Pennsylvania
PB-1 Review letter from Schoor DePalma dated
October 21, 2002
PB-2 Wall Township Police Department letter dated
September 2, 2002
PB-3 Wall Township Fire Prevention letter dated
September 9, 2002
PB-4 Wall Township Fire Commission letter
PB-5 Review letter from Glenn Gerken, Schoor
DePalma, dated October 23, 2002
Sworn
by Reporter Arnone: Gary Dahms
James
Alburtus
Glenn
Gerken, Engineer
John
Maczuga, Special Planner
Entered
into evidence:
A-5 Colored Rendering of sheet 3
Mr.
Dahms gave his credentials which were accepted by the Board. He will testify as an engineer and planner.
Mr.
Dahms stated the golf course is located on 34 acres of property. He said they are proposing to construct a
caretaker’s home on site. It will be on
the northerly portion of the property.
It will be approximately 960 s.f.
It will be a single story, pre-fab house.
Attorney
Pardes stated they can comply with all review letters.
Attorney
Rubino asked if there were any new variances.
Mr. Pardes said there is one for front yard setback.
Mr.
Dahms said the zone requires a 150’ setback.
He said they are proposing 49.81’.
He said if they comply with the 150’ setback the house would be in the
confines of the golf course. He said
the house would also serve as a gatekeeper which would restrict access to the
golf course from Dunroamin Road. Mr.
Dahms said the lot the house will be built on will be approximately one-half
acre. He said other properties in Wall
measuring one-half acre have a 30’ – 40’ front setback. Mr. Dahms said the house will have a
basement/garage. He said the driveway
will run
October
28, 2002 Page 6
downhill
to the rear of the house to the garage.
The mailbox will be located on the street. Garbage will be stored in the garage until scheduled
pick-up.
Mr.
Giardina had concerns regarding children being picked up for school. Mr. Dahms said there will be a path to the
road.
Mr.
Maczuga said according to township ordinance the total square footage of a home
on the golf course cannot exceed 2,100 s.f.
Captain
Morris asked where the pre-fab house was going to be stored until the lot was
ready. Mr. Alburtus said it will be
stored on the property.
Attorney
Rubino stated the applicant could not get a building permit until resolution
compliance.
Mr.
Tobia moved to approve the application subject to payment of taxes and
applicable assessments. The applicant
shall comply with the review letters of the Board Professionals and Board of
Fire Commissioners. The applicant will
comply with the requirements of Freehold Soil Conservation District, Monmouth
County Board of Health and Monmouth County Planning Board. The application shall obtain approval from
DEP and DOT. The applicant will comply
with Wall Township Affordable Housing Trust Fund and ADA requirements. The subject property shall not be subdivided
from the parent lot. Additional
landscape screening shall be provided subject to Board Planner and Engineer
approval. Exterior façade and color
shall be approved by Board Planner.
Delivery and storage of modular shall be coordinated with Wall Police
Department. Additions to dwelling shall
require Planning Board approval. The
Board approves the variance for front yard setback.
Mr.
Maczuga said there also should be a condition in the resolution regarding the
maximum size of the house.
Mr.
Farrell seconded the motion which was unanimously approved by a roll call
vote. (Messrs. Tobia, Farrell, Morris,
Devlin, Giardina, Kean and Braun voted yes.)
The
Board recessed at 8:40 P.M.
Mr.
Giardina left the meeting.
The
meeting resumed at 9:00 P.M.
COMMERCIAL REALTY –
PB#23-2002
– Monmouth Shores Corporate Park, Block 930, Lot 53, OR-10 zone. Date application complete: July 15,
2002. Site plan with variance.
Mark
Aikins, Esq. appeared for the applicant.
Attorney
Rubino reviewed the file and stated the Board had jurisdiction to proceed.
October
28, 2002 Page 7
Entered
into evidence:
A-1 Jurisdictional Items
Attorney
Aikins explained that as a result of a TRC his client is working with Traffic
Safety to evaluate on-site traffic issues.
He said they might be able to obtain alternate emergency access from a
neighbor. He asked that the application
be carried to a November meeting.
Chairman
Braun stated the application will be carried to November 25, 2002. Chairman Braun stated no further noticing is
required.
RESOLUTIONS TO BE
MEMORALIZED:
JAMES ALBURTUS - PB#27-2002
Block
31, Lots 2 & 4
Attorney
Rubino read the resolution of approval.
Committeeman Devlin moved to adopt the resolution as read. Mr. Kean seconded the motion, which was
unanimously approved by a roll call vote.
(Messrs. Devlin, Kean, Morris, Tobia and Braun voted yes.)
WILLIAM BIEL – PB#41-2001
Block
762, Lots 11, 32 & 69
Attorney
Rubino read the resolution of approval.
Mr. Kean moved to adopt the resolution as read. Committeeman Devlin seconded the motion,
which was unanimously approved by a roll call vote. (Messrs. Kean, Devlin, Morris, Farrell, Tobia and Braun voted
yes.
REVIEW AND RECOMMEND:
ORDINANCE
NO. 46-2002 – Conditional Use by Religious Organizations
Chairman
Braun said this ordinance deals with religious organizations. The maximum site coverage will not exceed
30%. Mr. Maczuga said site coverage
means impervious coverage. Mr. Gerken
agreed.
Mr.
Kean moved to recommend to the Township Committee that Ordinance 46-2002 be
adopted subject to clarification that maximum site coverage means impervious
coverage. Mr. Farrell seconded the
motion, which was unanimously approved by a roll call vote. (Messrs. Kean, Farrell, Devlin, Morris,
Tobia and Braun voted yes.)
Mr.
Kean moved to approve the minutes of the Workshop and Regular Meetings of
September 30, 2002 and October 7, 2002.
Mr. Tobia seconded the motion, which was unanimously approved by a roll
call vote.
October
28, 2002 Page 8
There
being no further business to come before the Board, a motion was made, seconded
and unanimously approved to adjourn the meeting at 9:10 P.M.
Respectfully submitted,
Betty Schinestuhl
Recording Secretary