MINUTES -
REGULAR MEETING
MUNICIPAL
MEETING ROOM
NOVEMBER 24,
2003
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, Brosnan, Morris, Farrell, Luttman, Wilson, Luttman,
Rible, Kiley, Attorney Rubino, Engineer Gerken, Planner Bergailo, 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 announced Action Airbrush Magazine has been rescheduled for February
2, 2004. Renoticing will be required.
Devon Development has also been rescheduled for February 2, 2004. Renoticing is required.
CARRIED APPLICATION
HOWELL PROPERTIES – PB#7-1998 – 3903
Herbertsville Road, Block 977, Lots 16 & 18. Application complete: February 23, 1998. Carried from September 29, 2003. Applicant seeks an extension of time.
Chairman
Braun said there has been a lot of progress made.
Attorney
Rubino said new noticing was required.
Attorney
Rubino reviewed the file and stated the Board had jurisdiction to proceed.
Entered
into evidence:
A-3 Jurisdictional Items
A-4 A letter from Attorney Shimanowitz dated
October 31, 2003
Chairman
Braun stated the applicant was requesting a one-year extension.
Attorney
Shimanowitz said they started this process with a one-year extension. We got a little involved. We came back and renoticed for a two-year
extension. This will be the final
extension. The extension will run from
October 2, 2003 through October 2, 2005.
The
application was open to the public.
November
24, 2003 Page 2
Larry
Diamond, 146 Pineneedle Street, was sworn.
Mr. Diamond said the applicant has said they have corrected the water
situation. He said he has had a water
problem since the land was cleared and he still has one. The dust situation is still out of
control.
Mike
Foran, 151 Pineneedle Street, was sworn.
Mr. Foran asked the Board if they ever heard why no one ever responded
to the fire they had on the site.
Attorney Shimanowitz said he provided Mr. Foran with a contact
person. Mr. Foran said there was a fire
and nobody ever responded to it. He
said the neighbors have been lied to.
The applicant has trucks there at 6 A.M. in the morning going down the
street. There are still real
problems. The owner was suppose to be
here this evening. Attorney Shimanowitz
said the owner said he would be here if he was available. He was not.
Captain Morris said start time in Wall Township is 7:00 A.M. Chairman Braun also stated if there
continues to be problems to contact Wall Township Police and Howell Township
Police.
The
application was closed to the public.
Deputy
Mayor Thomson moved to approve the application for an extension. The extension will run from October 2, 2003
through October 2, 2005. Committeeman
Brosnan seconded the motion which was unanimously approved by a roll call
vote. (Messrs. Thomson, Brosnan,
Farrell, Kiley, Luttman, Morris, Rible, Tobia, Ms. Wilson and Mr. Braun voted
yes.)
NEW APPLICATIONS:
CLEMENT H. KREIDER, JR. –
PB#25-2003 – 1522
Marconi Road, Block 87, Lot 15, R-15 zone.
Date application complete: July 17, 2003. Applicant requests permission to subdivide existing lot 15 into
two conforming lots. Minor
Timothy
B. Middleton, 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 Minor Subdivision Plan prepared by LGA
A-3 Monmouth County Board of Health
letter dated July 29, 2003
A-4 Monmouth County Planning Board
letter dated July 28, 2003
A-5 Rendering of subdivision map
PB-1 Review letter from John Hoffmann, Township
Planner, dated August 12, 2003
PB-2 Review letter from Glenn Gerken, Schoor
DePalma, dated August 29, 2003
PB-3 Review letter from John Hoffmann, Township
Planner, dated September 17, 2003
PB-4 Review letter from Glenn Gerken, Schoor
DePalma, dated September 19, 2003
November
24, 2003 Page 3
David
Fitzpatrick, Esq., objector was in attendance.
Attorney Fitzpatrick had a letter from Mr. T. Fitzpatrick. Attorney Rubino said the Board has a policy
that they do not read letters into evidence.
Attorney
Fitzpatrick said he contacted the applicant.
Attorney Middleton said he has had discussions with Attorney
Fitzpatrick. He had issues with the
driveway. The driveway coming off
Marion Street violated the setback. We
will comply with that requirement. It
will put more space between the Fitzpatrick’s and the applicant.
Sworn
by Reporter Arnone: Mark Reme, Engineer
Clement
Kreider
Glenn
Gerken, Engineer
Cheryl
Bergailo, Planner
Attorney
Middleton said the property consists of 88,000 s.f. It is in the R-15 zone.
It is six times the size required in this zone. The original application created lot
15.01which will front on Marion Street.
It created an irregular lot. Lot
15.02 will be closest to the river. Lot
15.01 is a non-river lot. Prior to the
scheduled meeting date the application was redesigned. The property line will be more
rectangular. This does create a
variance for lot 15.02. Lot 15.02 calls
for an easement. The driveway would be
located in that easement. We moved the
driveway to the west and widened the area of the easement. The variance is for lot frontage on lot
15.02.
Mr.
Reme gave his credentials which were accepted by the Board.
Mr.
Reme said he visited the site. He said
he is familiar with the site and the neighborhood. He is also familiar with the surrounding properties. The property is located at the corner of
Marconi Road and Marion Street. It is
located in the R-15 zone. It
encompasses approximately 89,000 s.f.
It is six times what is required in the R-15 zone. The applicant would like to subdivide the
property. New proposed lot 15.01 will
encompass approximately 18,000 s.f. and proposed lot 15.02 will encompass
approximately 71,000 s.f. Lot 15.02’s
driveway will exit onto Marion Street.
The driveway will be 5’ off the property line.
Chairman
Braun asked about drainage. Mr. Reme
said run-off will drain toward the inside of the property.
Captain
Morris asked if the driveway on lot 15.01 will exit onto Marconi Road. Mr. Reme said yes.
Attorney
Middleton asked Mr. Reme if, in his opinion, the proposed driveway on lot 15.02
will conflict with Mr. Fitzgerald’s driveway.
Mr. Reme said no.
Attorney
Middleton asked Mr. Reme if there were any site issues. Mr. Reme said no.
Ms.
Wilson, referring to Mr. Gerken’s letter of September 19, 2003, asked if the
existing utilities connecting to the existing dwelling cross proposed lot
15.01. Mr. Gerken’s letter states if
they do
November
24, 2003 Page 4
an
easement will be required. Attorney
Middleton said we had proposed for the utilities to go in through the easement.
Chairman
Braun asked Mr. Gerken if there is a problem with the driveways. Mr. Gerken said no, there is good
visibility.
Ms.
Wilson, referring to Mr. Gerken’s letter of August 29, 2003, asked if the
applicant would be willing to remove the existing fence. Mr. Reme said it will be removed.
The
application was open to the public.
Attorney
Fitzgerald said he will admit that he had no opportunity to review the
map. His cousin is an engineer and he
reviewed the map. The issue is the
proximity of the driveway. It will be a
hazard.
Tony
Tumminia was sworn. Mr. Tumminia said
he spoke with Mr. Fitzgerald. He said
he told him they would move the driveway.
Mr. Fitzgerald said he did not have a problem with that. The driveway is 25’ from Mr. Fitzgerald’s
driveway. They can come out of the
driveway head-on they do not have to back-out.
Chairman Braun said our engineer states the driveway is safe and meets
the ordinance.
Attorney
Fitzgerald said he spoke with his cousin on the way down here tonight. He said he did not suggest that this matter
was resolved. There is a grade coming
down the driveway. He said he would
like his cousin to view it before a decision is made.
Martin
Motto, 1515 Marion Street, was sworn.
Ms. Motto said the street is very narrow. He said to add another driveway is going to add a lot of
traffic. When they plow they dump all
the snow there. Two cars cannot make it
down the street at the same time.
Chairman Braun said the Board looked at that and one driveway on Marion
is enough.
Mr.
Motto said there are buses that stop there.
There is a telephone truck that sits there. It is a cut-through street.
Mr. Tobia asked how far off the corner is your driveway heading
west. Mr. Motto said approximately 25’
– 30’. He said his driveway just fits
one car.
The
application was closed to the public.
Mr.
Tobia said because of the testimony heard here tonight would the applicant be
willing to widen that part of Marion Street to the corner. Attorney Middleton agreed.
Deputy
Mayor Thomson said the problem is we have ordinances that describe what we can
do. The township asked them to square
off the lot that is why they are here with variances. We cannot require them to widen the street.
Attorney
Middleton said the addition of the road widening will help. It will bring it to 22’ – 23’.
November
24, 2003 Page 5
Entered
into evidence:
A-6 Prior application
Ms.
Wilson moved to approve the application for minor subdivision subject to the
payment of taxes and applicable assessments.
The applicant shall comply with review letters from Monmouth County
Planning Board and Monmouth County Board of Health. The applicant shall comply with the review letters of Board
Planner John Hoffmann. The applicant
shall comply with the review letters of the Board Professionals. The applicant shall make payment of
additional sewer assessments if required.
A grading plan shall be submitted before the issuance of any building
permits. The applicant shall obtain a
road opening permit. All driveways will
be 5’ off the property line. All
vegetation will be removed from the sight triangle on proposed lot 15.01. An easement on lot 15.01 will be granted to
move the driveway on proposed lot 15.02 5’.
The fence on lot 15.01 will be removed.
The applicant shall widen Marion Street approximately 4’ up to 1515
Marion Street approximately 50’ from the west side of Marion Street. Variances are granted. Deputy Mayor Thomson seconded the motion
which was unanimously approved by a roll call vote. (Ms. Wilson, Messrs. Thomson, Brosnan, Farrell, Luttman, Morris,
Rible, Tobia and Braun voted yes.)
JAMES & KATHERINE WILSON
– PB#35-2003 –
568 Shark River Station Road, Block 907, Lots 28 & 38, R-60 zone. Application complete: September 5,
2003. Applicant seeks permission to
consolidate a portion of Lot 38 to existing Lot 28. Minor with variances.
Frederick
Rafredo, Esq. appeared for the applicant.
Attorney
Rafredo said the applicant is seeking minor subdivision approval with
variances. The property is located at
568 Shark River Station Road. It is approximately
9,600 s.f. It is in the R-60 zone. The applicant is seeking to consolidate a
portion of lot 38 to lot 28. Lot 28
will be a total of 25,000 s.f. It will
be less deficient.
Attorney
Rubino reviewed the file and stated the Board had jurisdiction to proceed.
Entered
into evidence:
A-1 Jurisdictional Items
A-2 Minor Subdivision Plat prepared by Nelson
Engineering last revised August 8, 2003
A-3 Letter from Monmouth County Board of
Health dated September 11, 2003
A-4 Colored rendering of map
A-5 Mr. Kennedy’s letter stating the County
has no objection to this subdivision
PB-1 Review letter from John Hoffmann, Township
Planner, dated September 19, 2003
PB-2 Review letter from Glenn Gerken, Schoor
DePalma, dated October 1, 2003
Attorney
Rubino asked who owns lot 38 now.
Attorney Rafredo said Associated Four owns lot 38, however, 16,000 s.f. of
lot 38 will be deeded to the County.
November
24, 2003 Page 6
Sworn
by Reporter Arnone: John
Buletza, Engineer
Katherine Wilson
Glenn Gerken, Engineer
Cheryl Bergailo, Planner
Mr.
Buletza gave his credentials which were accepted by the Board.
Mr.
Buletza said he is familiar with the site.
It is located at the very end of Shark River Station Road in Wall. There is a residence to the east. There is a 1˝ story dwelling with a detached
garage and shed on lot 28.
Mr.
Buletz said this is a lot consolidation.
A 16,000 s.f. portion of land is going to be added to lot 28. It will double the lot area. There are eight existing variances now.
Attorney
Rubino said this is an undersized lot.
Mr.
Buletza said we will be eliminating three variances and improving four. The volley ball court has been removed.
Chairman
Braun asked if there was anything in the Board Professionals’ review letters
that the applicant could not comply with.
Mr. Buletza said we will comply. There is one item requiring testimony about the private road. Lot 37 is landlocked. It meets all requirements except frontage. It has a private road which provides access
to Shark River Station Road. The
applicant has been in contact with the owners of lot 37 to eliminate this road
or move it. Attorney Rubino said you
can in no way block that driveway or move it.
The
application was open to the public.
Richard
Atkinson, 565 Shark River Station Road, was sworn. Mr. Atkinson said he sent a letter to the Board. The tax map shows lot 38 lot is exempt. Mr. Gerken said a portion of lot 38 has been
accepted as Green Acres. .4 acres is
exempted. Mr. Atkinson asked if that
can be removed from the map. Mr. Gerken
said if this is granted it will be changed.
Mr.
Atkinson asked about the Right-of-Way.
Mr. Buletza said we are not changing it or moving it. It is not part of the application.
Mr.
Atkinson asked about the previous application.
Chairman Braun said all we are doing tonight is taking a piece of lot 38
to make another lot more conforming.
The
application was closed to the public.
Ms.
Wilson said before she puts forth a motion the applicant and I have the same
last name but there is no relation and we don’t know each other.
November
24, 2003 Page 7
Ms.
Wilson moved to approve the application for minor subdivision subject to the
payment of taxes and applicable assessments.
The applicant will obtain approval Monmouth County Planning Board and
Monmouth County Board of Health. The
applicant shall comply with the review letter from John Hoffmann, Township
Planner, dated September 19, 2003. The
applicant
will
comply with review letters from the Board Professionals. Variances are granted. The volley ball court that crosses onto lot
29 will be removed. The applicant shall
maintain the private road easement.
Deputy Mayor Thomson seconded the motion which was unanimously approved
by a roll call vote. (Ms. Wilson,
Messrs. Thomson, Brosnan, Farrell, Luttman, Morris, Rible, Tobia and Braun
voted yes.)
WEST BELMAR GATEWAY PROJECT
Ms.
Bergailo said the Board has before it an ordinance prepared by the Township
Committee. The West Belmar Gateway Redevelopment
is basically a zoning plan. It contains
zoning standards for the area. It
contains goals and objectives. Some of
the goals are to transform non-conforming buildings and properties into fully
productive uses. This plan will serve
as a guide for the Township Committee and Planning Board. Ms. Bergailo went over some of the
objectives of the plan. Some were:
revitalize the area, create land use and building requirements that will be
pedestrian friendly, create high quality design standards and create large
development parcels, etc.
Joseph
Azzolino was sworn. Mr. Azzolino said
he has not seen the plans. He heard a
supermarket was going into the area. He
said he has objections. Deputy Mayor
Thomson said we do not have a supermarket going in there at this time.
Chairman
Braun said there is no application before this Board for a supermarket or any
other store. We are just simply
recommending to the Township Committee that they go forward with this.
Attorney
Rubino said the only thing we are doing tonight is recommending to the Township
Committee that they pass an ordinance zoning that area as a redevelopment area.
Deputy
Mayor Thomson said on December 12th the ordinance will be before the
Township Committee.
Mr.
Azzolino asked if you will be able to build a 60,000 s.f. building. Ms. Bergailo said it would depend on the
size of the lot.
Mr.
Azzolino said his only concern is the traffic on Route 71. It is not an area for major retail shopping.
Deputy
Mayor Thomson said this is a redevelopment area.
Mr.
Azzolino said he objects to any large retail use in that area.
November
24, 2003 Page 8
Mr.
Tobia made a motion recommending the Township Committee go forward with the
West Belmar Gateway Project. Deputy
Mayor Thomson seconded the motion which was unanimously approved by a roll call
vote. (Messrs. Tobia, Thomson, Brosnan,
Farrell, Luttman, Morris Rible, Ms. Wilson and Mr. Braun voted yes.)
RESOLUTIONS TO BE
MEMORIALIZED:
PASQUALE & MARIA
RODRIQUEZ – PB#38-2003
Block
93, Lot 160
Attorney
Rubino read the resolution of approval.
Ms. Wilson moved to adopt the resolution as read. Committeeman Brosnan seconded the motion,
which was unanimously approved by a roll call vote. (Ms. Wilson, Messrs. Brosnan, Luttman, Morris, Rible, Tobia and
Braun voted yes.)
D & O ASSOCIATES –
PB#30-2003
Block
942, Lots 87, 38, 35 & 36
Attorney
Rubino read the resolution of approval.
Mr. Luttman moved to adopt the resolution as read. Ms. Wilson seconded the motion, which was
unanimously approved by a roll call vote.
(Mr. Luttman, Ms. Wilson, Messrs. Brosnan, Kiley, Morris, Rible and
Braun voted yes.)
MINUTES TO BE APPROVED
Mr.
Tobia moved to approve the minutes of the Regular and Workshop Meetings of October
6, 2003 and October 27, 2703. Deputy
Mayor Thomson 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 9:15 P.M.
Respectfully submitted,
Betty Schinestuhl
Recording Secretary