WALL TOWNSHIP PLANNING BOARD

MINUTES - REGULAR MEETING

MUNICIPAL MEETING ROOM

NOVEMBER 4, 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, Morris, Capone, Wilson, Rible, Attorney Rubino, Attorney Hirsch, Engineer Gerken, Special Planner Maczuga, Engineer Ernst, 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 7, 2002.

Chairman Braun said the Mistretta application will be heard first followed by SDI, Premier and Howell Properties. He said the Board will be invoking the 50 minute rule.

CARRIED APPLICATION

KRIS MISTRETTA - PB#40-2001 – 1400 Marconi Road, Block 79, Lots 1 and 2, R-20 zone. Date application complete: October 24, 2001. Applicant seeks an extension of time within which to perfect his previous approved application, approved February 25, 2002, for minor subdivision.

Dennis Collins, Esq. appeared for the applicant.

Entered into evidence:

A-1 Jurisdictional Items

Attorney Collins asked for an extension of 180 days.

Mr. Rible moved to approve the 180 day extension. Mr. Capone seconded the motion which was unanimously approved by a roll call vote. (Messrs. Rible, Capone, Ms. Wilson, Messrs. Morris, Tobia and Braun voted yes.)

Attorney Rubino recused himself on the SDI application. Attorney Hirsch will fill in.

Glenn Gerken and John Maczuga have a conflict with the SDI application. John Ernst will fill in.

NEW APPLICATIONS

SDI, L.L.C. – PB-25-2002 – 1840 Old Mill Road, Block 88, Lot 2, HB-80 zone. Date application complete: August 12, 2002. Applicant seeks to demolish existing residence and related structures and related structures and construct a 3,669 s.f. Commerce Bank.

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

November 4, 2002 Page 2

Rick Brodsky, Esq. appeared for the applicant.

Entered into evidence:

A-1 Jurisdictional Items

A-2 Map prepared by Bohler Engineering last revised October 17, 2002

A-3 Report from GeoTechnical Investigation prepared by Lippincott & Jacobs Consulting Engineers dated June 2001

A-4 Technical Specifications dated April 2002

A-5 Stormwater Management report prepared by Bohler Engineering last reviewed October 2002

A-6 Site work Specifications prepared by Bohler Engineering dated September 4, 2002

A-7 EIS prepared by Bohler Engineering last revised October 2002

A-8 Prototype of Commerce Bank

A-9 Soil Quantities Analysis

PB-1 Wall Township Bureau of Fire Prevention letter dated September 6, 2002

PB-2 Review letter from John J. Mallon, P.E., Ernst, Ernst & Lissenden dated October 2, 2002

PB-3 Wall Township Police Department letter dated August 29, 2002

PB-4 Review letter from John Hoffmann, Planner, dated September 5, 2002

PB-5 Review letter from John Hoffmann, Planner, dated October 22, 2002

PB-6 Second review letter from John J. Mallon, P.E., Ernst, Ernst & Lissenden

Sworn by Reporter Arnone: John Harter, Traffic Engineer

Jeff Spalt, Project Engineer

Edward Moran, Commerce Bank

John Ernst, Engineer

Entered into evidence:

A-10 Aerial Photo

A-11 Proposed construction Aerial Photo

A-12 Colored rendering of Commerce Bank layout

Attorney Brodsky explained the property in question is located at 1840 Old Mill Road & Highway 35S. It is in the HB80 zone. It is a permitted use. He said along with the bank the plans include parking, drive-thru teller windows, landscaping and lighting.

Jeff Spalt, Project Engineer, gave his credentials which were accepted by the Board.

Mr. Spalt stated the Hilltop Motel is located to the north of the property as well as the K-Mart shopping plaza. He said there is a vacant lot to the south. Route 35 and several businesses are located to the east of the property. To the west is Old Mill Road.

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Mr. Spalt said the site measures 62,983 s.f. in area. He said there is a two-story residential dwelling located on the site. He said there is public sewer and public water. Mr. Spalt explained the applicant plans to demolish the existing residential dwelling and construct a one story bank. The bank will have four drive-thru lanes on the left side. He said an ATM machine will be located

on the front of the building facing Route 35.

Mr. Spalt said there will be 35 parking spaces. He said 22 are required by ordinance. He said the applicant is proposing an on site underground drainage system. He said all public utilities are available. They are connected from Route 35. Water and sewer will be connected from Old Mill Road.

Mr. Spalt said the lighting calls for 12, 18’, 250 watt fixtures for the parking lot. He said seven will be shielded to the rear and directed downward.

Mr. Spalt said the plan calls for two driveways. He said the full access driveway to Route 35 has already received an access permit from NJDOT. He said when customers enter from Route 35 they will circulate through the site counterclockwise. That will lead the customers to the drive-thru windows. He said the second driveway will be a two-way driveway on Old Mill Road.

Mr. Spalt explained there are few variances proposed. He said one will be for signage. He said the applicant proposes two signs, a 16’ tall free-standing sign at the Route 35 entrance. He said this complies with township ordinances. He said the second sign will be a building mounted sign. He said the bank’s logo “C” will be on the sign. He said it will measure 39.5 s.f. in area. He said a variance is needed because of the size. He said a variance is needed because township ordinance requires 10’ of clearance below a building-mounted sign. He said 5’ is proposed. He said he feels it is sufficient because the sign is located over a landscaped area and not a sidewalk.

Mr. Spalt said township ordinance requires 175’ of space for stacking at businesses with drive-thru windows. He said he feels the applicant is providing enough space for stacking for four drive-thru tellers. Chairman Braun did not agree. Chairman Braun asked Mr. Spalt to describe the design with two lanes. He asked Mr. Spalt to explain the number of cars that can be stacked if only two lanes are open. Mr. Spalt said if only two lanes are open there would be enough stacking for ten vehicles. He said if all four are open there is room for stacking 14 vehicles. He explained the escape lane will be delineated by striping on the pavement. Chairman Braun said he does not think the lanes are wide enough. He said if people are not paying attention they can fill up the by- pass lanes. Mr. Spalt said they do not want to block access to the bypass lane. He said they can provide signage.

Captain Morris asked why is the proposed drive-thru on the north side and not on the other side. Mr. Spalt said if the drive-thru was located on the other side there would be no room for the cars to queue and they would wrap around the front of the building.

Captain Morris said he thinks there would be a flow problem in the rear. He said you have one lane for four windows. He said that is very tight.

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Chairman Braun suggested the applicant provide an exhibit showing the Board how cars will line up at the drive-thru windows.

Mr. Tobia also suggested the Board be provided with an exhibit showing what the bank would look like with only three drive-thru lanes.

Attorney Brodsky asked Mr. Spalt to address the setbacks. Mr. Spalt said a 30’ setback is required from the driveway to the property line. He said they are proposing a 24’ setback. A 10’ setback is proposed at the northernmost portion of the Old Mill Road driveway. Mr. Spalt said one parking space could be eliminated to correct the deficiencies or the building could be moved 6’ to the north.

Ms. Wilson asked what percentage of customers use the drive-thru. Mr. Spalt referred that question to Edward Moran, regional Vice President with Commerce Bank. Mr. Moran said he did not have specific figures with him. He said he would provide that information to the Board. He said Commerce Bank is unusual in that it is open seven days a week. He said the drive-thru hours are open longer than the lobby. Ms. Wilson asked if there would be a drive-thru ATM. Mr. Moran said no.

Captain Morris asked if the applicant has tried to purchase the lot to the south. Attorney Brodsky said he did make inquiries for the property to north but that deal has fallen through. Mr. Tobia said the applicant should provide some type of evidence to the Board indicating the purchase of the lot to the south is not possible.

John Harter, Traffic Engineer, gave his credentials which were accepted by the Board.

Mr. Harter stated he met with NJDOT in 2001. He said this project has been reduced in intensity. He said they received permit from NJDOT in August 2002.

Mr. Harter said he did a traffic report focused on peak use of the site and also of the surrounding streets. Mr. Harter said peak hours will be weekday evenings and midday on Saturdays. He said traffic counts were conducted on Route 35 and Old Mill Road between 4:00 and 6:00 P.M. on a weekday and 11:00 A.M. and 2:00 P.M. on a Saturday. Mr. Harter said 47% - 48% of the bank’s traffic will originate from pass-by-trips. He said he expects during weekday peak hours the bank will attract 53 cars and peak hours on Saturday will attract about 43 cars.

Chairman Braun asked the Board if they would like their own traffic expert to review Mr. Harter’s report.

Captain Morris made a motion that the Board hires its own traffic expert. Ms. Wilson seconded the motion which was unanimously approved.

Chairman Braun said he was very concerned about the use of the third lane on Route 35.

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Ms. Wilson said she travels Route 35 day and night. She said it is very hard to make a left turn. She said you cannot get across Route 35 in a safe manner. Ms. Wilson also stated the Board recently approved the conversion of the Wonder Bread building on Old Mill Road into a children’s museum and wondered if the traffic generated by that use had been taken into account by Mr. Harter.

Chairman Braun said the Board needs to address all the issues. He said this application will be carried to January 27, 2003.

Mr. Tobia suggested putting up additional landscaping along Old Mill Road to protect the residents across the street.

Attorney Brodsky said he waived the time limits.

Attorney Hirsch and Mr. Ernst left the meeting. Attorney Rubino joined the meeting.

PREMIER DEVELOPMENT – PB#20-2002 – 3213 Allaire Road/2222 Allenwood Road, Block 821, Lots 12 & 13, R-60 and OP-2 zone. Date application complete: July 3, 2002. Carried from October 7, 2002. Applicant seeks to subdivide property into 11 lots. 10 single family and one office building. Major/Site.

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

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

Entered into evidence:

A-1 Jurisdictional Items

A-2 Maps prepared by Passaman & Ercolino last revised November 1, 2002

A-3 Stormwater Management Report prepared by D.W. Smith last revised April 1, 2002

A-4 Technical Specifications prepared by D.W. Smith dated February 2002

A-5 Environmental Impact Study prepared by D.W. Smith dated April 1, 2002

A-6 Fresh water wetland report

A-7 Monmouth County Planning Board review letter dated October 29, 2002

A-8 Monmouth County Board of Health review letter dated August 12, 2002

A-9 Colored rendering – Sheets 3 & 11

PB-1 Fire Prevention letter dated July 15, 2002

PB-2 Review letter from Glenn Gerken, Schoor DePalma, dated August 26, 2002

PB-3 Wall Township Environmental Advisory Committee letter dated July 18, 2002

PB-4 Letter from Wall Township Fire Commissioners

PB-5 Wall Township Police Department letter dated July 5, 2002

PB-6 Review letter from John Maczuga, Schoor DePalma, dated September 16, 2002

November 4, 2002 Page 6

Sworn by Reporter Arnone: Charles Witte, Engineer

Robert Petillo

Attorney Middleton explained the property consists of 18.63 acres. It is located east of the Meritage. The property fronts on Allaire Road, Allenwood Road and Route 34. The property is in two different zones. It is located in both the R-60 zone and the OP-2 zone. The applicant is proposing to subdivide the property into eleven lots. He said ten lots will be residential and one will be commercial. He said the commercial lot will require site plan approval in the future. He said the ten residential lots comply with zoning ordinance in the R-60 zone. Ingress and egress will be on Allenwood Road. He said nine lots will front on two cul de sacs and one will front on Allaire Road. The applicant has made an attempt to save the trees. There is a tree saving plan.

Most of the trees will be saved.

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

Mr. Witte said the property is wooded and vacant. He said it has natural drainage in two directions. We are requesting a 10 lot residential subdivision. The proposed utilities will be connected to existing system on Route 34. Stormwater drainage system will be through basins and swales. It will tie into the existing drainage on Route 34. Lot 12.01 will be commercial. He said the applicant will come back before the Board for site plan approval on the commercial lot. He said nine lots will front on the cul de sac and one lot will front on Allaire Road. Sidewalks will be in and around the entire site.

Mr. Witte said streets will be named Premier Place and Christopher Way. He said water run-off will be discharged into a drain swale then into the commercial lot and onto Route 34. He said the buffer will be maintained on the commercial piece.

Mr. Maczuga said the grading goes into the 75’ buffer. He asked if that would be revised. Mr. Witte said yes. He said the 75’ buffer will be maintained.

Mr. Maczuga said the buffer on the south side will require a variance.

Chairman Braun asked Mr. Gerken if Route 34 will be able to handle the drainage. Mr. Gerken said yes.

Chairman Braun asked the applicant if he could comply with all the review letters. Attorney Middleton said they can meet all requirements.

Mr. Tobia said the commercial site will not be cleared except where the drainage and swale will be.

Attorney Middleton said the 75’ buffer will be maintained along the commercial site with exception of the swale and detention basin. He said a 25’ buffer on the residential side will be maintained. He said the area cleared will be replanted. There will be a conservation easement

November 4, 2002 Page 7

that cannot be cleared. Lot 13.04 will maintain 25’ conservation easement. Lot 13.03 will have a similar easement along the rear.

Captain Morris said he has a problem with the cul de sac. He asked if the applicant considered a flow instead of two cul de sacs. Mr. Petillo explained if a flow thru was used you would only have four or five lots.

Chairman Braun asked how wide the street is. Mr. Witte said there is a 30’ paved street.

Mr. Maczuga said a thru street would connect Allenwood Road and Lakewood Road to Route 34.

Captain Morris asked if there will be parking on the cul de sac. Attorney Middleton said if the Board wants to eliminate parking that is okay.

Mr. Tobia suggested curbing be placed on an angle, Belgian block curbing. Mr. Petillo said if we use Belgian block curbing when you got to the cul de sac you would loose the look of the cul de sac. He said in the snow you would loose vision. Mr. Tobia said regular curbing is okay as long as there is no parking on the cul de sac.

Attorney Middleton said the applicant can comply with Mr. Gerken’s letter. He said he just a few comments regarding Mr. Maczuga’s letter. Mr. Witte said regarding page 4, subdivision plan issues, Item C, the trees will not be removed.

Attorney Middleton said, regarding page 5, Item L, the applicant would prefer to keep the trees. He said there will be additional plantings along the swale.

Mr. Maczuga asked about the lot on Allaire Road regarding sanitary sewer easement. Mr. Witte said lot 13.06 can be revegetated or it can be moved back. Mr. Gerken said it cannot be revegetated. Mr. Witte said lots 13.06 and 13.10, the sewer runs along property line. We will move it so it has a 15’ buffer.

The application was open to the public.

John Killian, 2228 Allenwood Road, was sworn. Mr. Killian said he is concerned because his lot is lower than the rest and whatever water comes onto his property stays there. He asked that a fence not be put up because it will be too high next to his property. Attorney Middleton said they are proposing 20’ conservation easement between Mr. Killian’s property and lots 13.09 and 13.08.

Ed Clayton, 3216 Allaire Road, was sworn. Mr. Clayton asked what percentage of trees is being taken down. Attorney Middleton said they are keeping a significant amount of trees. Mr. Witte said 30% - 40% will remain.

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Mr. Clayton asked if there is going to be a fence around the swale. He asked who will maintain the swale. Attorney Middleton said there will be no fence. He said the property owner will maintain the swale.

John Killian, already sworn, stated nothing could be done on a conservation easement. Attorney Middleton said that is correct.

Mr. Killian said cul de sacs were frowned upon. He said they do not need more than one access.

Mr. Killian said this development is going to impact Allenwood Road. He said traffic backs up now. He asked if it would be better to access Allaire Road. He asked about wetlands. Attorney Middleton said there are two very small areas of wetlands on the property.

Mr. Killian asked about the water run-off. Mr. Witte said the water run-off will go from Allenwood Road through the commercial property to the easement.

Mr. Killian asked what sewer system they will hook up to. Mr. Gerken said Allenwood off Route 34.

The application was closed to the public.

The Board recessed at 9:45 P.M.

The meeting resumed at 9:55 P.M.

Ms. Wilson moved to approve the application for subdivision subject to the payment of taxes and applicable assessments. The applicant shall comply with the review letters of the Board Professionals, except for page 4 No. VI paragraph L of Mr. Maczuga’s letter of September 16, 2002. 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 obtain NJDEP sanitary sewer extension permit, NJDOT utility opening permit and NJDOT Highway Access permit. The applicant will comply with Wall Township Fire Prevention letter of July 15, 2002. The applicant will obtain a Monmouth County Road Opening permit. The applicant shall comply with Wall Township Police Department letter. The applicant shall post all guarantees and inspection fees. LOI shall be submitted and a general permit regarding wetland delineation. The applicant shall meet with Wall Township Engineer to discuss the schedule of applicant tying into the municipal sewer and design of same. The applicant shall stipulate on the plans that before construction commences all tree protection measures must be in place and must meet the approval of the Township Engineer. Commercial site will not be cleared except for drainage and swale. Commercial site will be part of site plan in the future. The swale area will become a conservation easement along lot 13.03 and 13.04. There will be no parking on the cul de sacs. On Lot 13.01 tree saving plan will be extended due to elimination of septic needs. Fence will be eliminated. Sanitary sewer easement will be moved northerly 15’ on lot 13.06. Sanitary sewer easement will be moved easterly 15’ on lot 13.10 and will include buffer if necessary. Lots 13.09 and 13.08 will have 20’ conservation

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easement and will not be disturbed. No fence in easement area. In the event the waterline is not continuous the applicant will join the two sides of the water line. Mr. Rible seconded the motion which was unanimously approved by a roll call vote. (Ms. Wilson, Messrs. Rible, Capone, Morris, Tobia and Braun voted yes.)

HOWELL PROPERTIES - PB#7-1998 – 3903 Herbertsville Road, Block 977, Lots 16 & 18. Application complete: February 23, 1998. Applicant seeks an extension of time within which to perfect his previously approved application for major subdivision.

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

Ronald Shimanowitz, Esq. appeared for the applicant.

Entered into evidence:

A-1 Jurisdictional Items

A-2 Rendering of plans – page 3 of 24

A-3 Colored rendering – emergency access concept sketch

Sworn by Reporter Arnone: Michael Intile, Site Engineer

Frank Miskovich, Traffic Engineer

Glenn Gerken, Engineer

John Maczuga, Planner

Attorney Shimanowitz explained the site is bordered by Howell on the west, the Garden State Parkway and Brick on the east. It is landlocked. He explained there were prior approvals granted by the Board. The applicant was approved for 177 residential units. They were restricted to residents 55 and older. In October 2000 a resolution was approved granting final major subdivision. There was litigation with Howell Township and BTMUA. He explained Brick and Howell vacated two streets so there was no longer access to the site. Howell Properties filed suit. It went to New Jersey Supreme Court. The New Jersey Supreme Court refused to hear the case. The Appellate Division ruled in favor of Howell Properties. He said access would be through the extension of Cherry and Rosebud Lanes.

Attorney Shimanowitz explained the second litigation. He said the site was to receive water and sewer service from BTMUA. As time went by BTMUA backed off that promise. Howell Properties went to court to ask for the court to order BTMUA to provide the utilities. He said a settlement has been reached with BTMUA and part of that settlement is for Howell Properties to come back to the Board for a modification of the approval. He said the settlement with Brick is to allow Maypink Lane as an emergency access only connection to the development. The Board approved a paved extension of the cul de sac in the original application.

Chairman Braun asked what the conditions of the settlement were with Brick. Attorney Shimanowitz explained BTMUA was to provide Water and Sewer to the site. He said there are

November 4, 2002 Page 10

several features to the settlement. He said one of the issues was the access issue.

Chairman Braun said the Board would like to approve the extension of time.

Ms. Wilson made a motion to grant a one year extension of time to October 2, 2003. Mr. Rible seconded the motion which was unanimously approved by a roll call vote. (Ms. Wilson, Messrs. Rible, Morris, Capone, Tobia and Braun voted yes.)

Michael Intile, Project Engineer, gave his credentials which were accepted by the Board.

Mr. Intile gave an overview. He said the applicant planned to break through the existing cul de sac on Maypink Lane tying the development to the surrounding area. He said there will be no extension of the cul de sac. He said the plan now calls for installation of grass pavers to allow for emergency vehicle access to the development.

Captain Morris asked what keeps anyone from driving across that. Mr. Intile said it would not look like a road. It is not paved. It will look like a lawn. He said the applicant can install 4’ high

barriers. He said a “Do No Enter” sign could also be put up. He said there are many things that can be done. He said you would not even notice the road was there. He said only emergency vehicles would know they were there.

Attorney Shimanowitz said the applicant is open minted as to the Board suggestions.

Mr. Tobia asked what would happen if the Board did not approve this. Attorney Shimanowitz said the applicant’s application would stand as is. He said that would leave the applicant with a fight with BTMUA.

Chairman Braun asked Attorney Rubino why the Board has to entertain a request relating to a settlement discussion when it has already approved the application. Attorney Rubino said the Board should listen to the testimony and consider the application on its merits.

Chairman Braun asked Attorney Shimanowitz if he had a map showing the proposed access onto Newtons Corner Road. Attorney Shimanowitz said he does not have an exhibit to submit. He said he will bring it with him at the next meeting. He said he would like his traffic engineer to testify at the next meeting.

Chairman Braun said the Board wants the applicant to return to the bargaining table with the BTMUA and let them know things aren’t going well with Wall.

Mr. Tobia said if the applicant is requesting an emergency access he feels it is prudent to hear testimony from an expert in emergency services.

Mr. Capone said with 177 age restricted units are emergencies going to be a daily occurrence. He asked what the number of emergencies would be. Chairman Braun said Brick and Howell will be

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under contract to take care of first aide and fire emergencies.

Attorney Shimanowitz said the emergency access will not be any different under the modified plan than in the original approved plan.

Ms. Wilson said if there is a mass casualty those 177 residents will have to get out. She said one entrance isn’t logical.

Several members from the audience indicated their desire to comment on the application. The Board said they could comment at the next meeting.

Chairman Braun announced this application will be carried to January 27, 2003.

RESOLUTIONS TO BE MEMORALIZED:

COMMERCIAL REALTY - PB#23-2002

Block 31, Lots 2 & 4

Attorney Rubino read the resolution of approval. Mr. Tobia moved to adopt the resolution as

read. Mr. Rible seconded the motion, which was unanimously approved by a roll call vote. (Messrs. Tobia, Rible and Braun voted yes.)

5005 BELMAR BOULEVARD – PB#13-2002

Block 917.01, Lots 28, 31 & 32

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

MICHAEL LEPIS – PB#15-2002

Block 814, Lot 2

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

SAFE – PB#11-2002

Block 151, Lots 34 & 36

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

November 4, 2002 Page 12

There being no further business to come before the Board, a motion was made, seconded and unanimously approved to adjourn the meeting at 11:00 P.M.

Respectfully submitted,

Betty Schinestuhl

Recording Secretary