FREEHOLD TOWNSHIP PLANNING BOARD REGULAR MEETING MINUTES OCTOBER 5, 2006

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1 FREEHOLD TOWNSHIP PLANNING BOARD REGULAR MEETING MINUTES OCTOBER 5, 2006 A Regular Meeting of the Planning Board was called to order by Chairperson Robert C. McGirr on Thursday, at 7:30 p.m. at the Freehold Township Municipal Building, One Municipal Plaza, Freehold, New Jersey. He read the Notice of the Open Public Meetings Law. Present: Absent: Also Present: Mr. Gatto, Mr. Louro, Mr. Shortmeyer, Mr. Platt, Committeeman Kershaw, Committeeman Eugene B. Golub and Mr. McGirr. Mr. Powles, Ms. Ward, Mayor Anthony Ammiano and Mr. Bazzurro. Frank C. Accisano, Esq., Thomas Luongo, Construction/Fire Official, Joseph M. Mavuro, Township Engineer, Guy F. Leighton, Township Senior Planner, Judith M. Brown, Administrative Officer, Pamela Barett, Senior Clerk and Danielle Sims, Clerk. There was the Pledge of Allegiance. Committeeman Golub was seated as Mayoral Designee. MINUTES: A motion to approve the minutes of September 21, 2006 was made by Mr. Shortmeyer, seconded by Mr. Gatto and passed with the following roll call vote: Aye: Mr. Gatto, Mr.Louro, Mr. Shortmeyer, Mr. Platt, Committeeman Kershaw, Committeeman Golub and Mr. McGirr. RESOLUTIONS: CentraState Medical Center Amended Preliminary & Final Major Site Plan Application No West Main Street (Route 537) Block 86, Lots 8 & 8.03 A motion to approve the Resolution (attached and made part of these minutes) was made by Mr. Kershaw, seconded by Mr. Louro and passed with the following roll call vote: Aye: Mr. Gatto, Mr. Louro, Mr. Shortmeyer, Mr. Platt, Mr. Kershaw, Mr. Golub, and Mr. Bazzurro. Not eligible to vote: Mr. McGirr.

2 Page 2 Ordinance No , Amending Chapter 190, Land Use, Article I, Section 190-3, Definitions; Section 190, Article XXIII, Board of Adjustment and Section , Other Powers of the Board of Adjustment. A motion to approve the Resolution (attached and made part of these minutes) was made by Mr. Louro, seconded by Mr. Shortmeyer and passed with the following roll call vote: Aye: Mr. Gatto, Mr. Louro, Mr. Shortmeyer, Mr. Platt, Mr. Kershaw, Mr. Golub and Mr. McGirr. Ordinance No , Amending Chapter 190, Land Use, Section , Outdoor Advertising. A motion to approve the Resolution (attached and made part of these minutes) was made by Mr. Shortmeyer, seconded by Mr. Gatto and passed with the following roll call vote: Mr. Gatto, Mr. Louro, Mr. Shortmeyer, Mr. Platt, Mr. Kershaw, Mr. Golub and Mr. McGirr. INFORMAL REVIEW: Thomas & Lynn Ritchie Proposed Subdivision Route 33 & Wemrock Road Block 69.01, Lot Zone R-80 Peter Licata, Esq., Sonnenblick, Parker & Selvers, 4400 Route 9 South, Freehold, New Jersey appeared and said that the applicants are preparing to submit a nine lot residential subdivision application on a nineteen acre site located at Wemrock Road and Route 33. Rich DiFolco, P.E. appeared and said that he has prepared two subdivision layouts. Two plans were displayed as well as an aerial photograph of the subject property outlined in the color red. The first one is a conforming subdivision that meets the requirements of the R-80 zone. Seven of the proposed nine lots access two proposed new streets; one lot accesses Route 33 and one lot accesses Wemrock Road. Construction of two cul-de-sacs totaling 1,240 feet of new roadway is proposed as well as two infiltration basins in order to manage stormwater runoff. Mr. DiFolco then described an alternative plan to the conforming plan using the R-60 zone criteria for lot size. This plan provides for the same number of lots and is less intense of a development. The R-60 plan reduces the length of the proposed roadway, and eliminates direct residential access to Route 33 and Wemrock Road. This plan also provides approximately three acres of open space

3 Page 3 that would provide a buffer from Route 33 and a proposed mall access roadway. He said that, in his opinion, the R-60 cluster plan would require less tree clearing, reduce the drainage impacts and preserve the character of the area. There was lengthy discussion regarding both plans and the overall viewpoint of the board is that they would prefer to see a conforming plan. Ms. Avis Gardell Proposed Subdivision 201 Old Mill Road Block 15, Lot 16 Zone R-60 Ms. Gardell appeared and distributed a survey of her property to board members showing a proposed subdivision. She said that her property is located in an R-60 zone and that the subdivision would create a variance on her property for lot size. Mr. Accisano outlined the legalities of the application, filing of a formal application and noticing requirements. He stressed that an application of this type must submit burden of proof as well as an effort to acquire additional property in an attempt to create conforming lot sizes. Ms. Gardell thanked the board. NEW APPLICATION(S): Nancy DuBois-Wood Minor Subdivision Application No Applegate Road, Block 85.36, Lot 2 Zone R-25 Deirdre Przygoda, Esq., 60 Old Turkey Swamp Road, Freehold, New Jersey appeared for the applicant. Mr. Accisano said that he has a conflict of interest in this matter and therefore disqualified himself and left the dais. Mr. McGirr stated that documents P-1 through P-9 are Technical and Administrative and read the following reports: P-10 Memorandum dated August 22, 2006 from Guy F. Leighton, Township Senior Planner.

4 Page 4 P-11 Memorandum dated August 28, 2006 from Joseph M. Mavuro, Township Engineer. P-12 Letter dated august 15, 2006 from Helen J. Ward, Tax Assessor. A subdivision map was displayed and marked as P-13 by Mr. Shortmeyer. Ms. Przygoda said that her client is seeking to subdivide her lot and retain her portion of the property that contains the existing dwelling. Both lots are oversized for the zone which is R-25. An existing detached garage that would sit on proposed lot 2.02 would be removed and the plan revised accordingly. The proposed new lot would connect to public water and sewer. Mr. McGirr opened the application to the public. Gerald Dorf, 2 Kettle Creek Road, Freehold, New Jersey appeared and was sworn. He said that he is an attorney but his expertise is labor and employment; not land use. He displayed an aerial view of the subject project and described the area as well as the location of his home. Construction of a home on the wooded lot would devastate the area and expressed concern that there is erosion from the creek. He asked if there has been a study of the trees on the property and Ms. Przygoda said that they would identify any Heritage Trees. John Reading, 209 Kings Mountain Road, Freehold, New Jersey appeared and was sworn. He expressed concern regarding stream erosion adding that the subject property is wooded and would like it to remain that way. Mr. Mavuro said that development of a home on the lot would be deminimus to the area. Mr. Gatto said that any construction on the lot would have to conform to Township standards. Ken Ward, 169 Kings Mountain Road, Freehold, New Jersey appeared and was sworn. He said that an easement or buffer should remain for this lot. Mr. Mavuro said that the subject property is not wetland. William Jelinek, 199 Kings Mountain Road, Freehold, New Jersey appeared and was sworn. He asked if the Heritage trees could be marked so that they would not be removed. The board said that trees would need to be preserved during construction and the applicant would need to work with the Shade Tree Commission.

5 Page 5 No one else from the public wished to speak, a motion to close the public portion of the application was made by Mr. Louro, seconded by Mr. Gatto and passed unanimously. After discussion, a motion for preparation of a positive resolution, subject to identification of Heritage trees, was made by Mr. Louro, seconded by Mr. Gatto and passed. Mr. McGirr called a brief recess and the board reconvened at 9:50 p.m. Mr. Accisano returned to the dais. Field Family, LP, Maaco Auto Painting Preliminary & Final Site Plan Application No with bulk variances. Minor Subdivision Application No Commerce Drive, Block 42, Lot Zone M-1 William J. Mehr, Esq., Mehr, LaFrance & Williams, 10 East Main Street, Freehold, New Jersey appeared for the applicant. Mr. Accisano said that he reviewed the proof of notice and affidavit of publication and they are satisfactory; the applicant may proceed. Mr. McGirr read the reports for the minor subdivision as follows noting that documents P-1 through P-11 are administrative and technical: P-12 Memorandum dated July 26, 2006 from Guy F. Leighton, Township Senior Planner. P-13 Memorandum dated September 5, 2006 from Joseph M. Mavuro, Township Engineer. P-14 Memorandum dated July 27, 2006 from, Margaret B. Jahn, Health Officer. P-15 Letter dated June 19, 2006 from Helen J. Ward, Tax Assessor. A subdivision map was displayed by the applicant and marked as P-16 by the board secretary. Mr. Golub asked a question regarding the report from Mr. Leighton who clarified the request for bulk variances.

6 Page 6 Mr. McGirr then referred to the site plan application and stated that documents P- 1 through P-12 are administrative and technical. He read the following reports as follows: P-13 Memorandum dated July 26, 2006 from Guy F. Leighton Senior Planner. P-14 Memorandum dated September 5, 2006 from Joseph M. Mavuro, Township Engineer. P-15 Memorandum dated July 27, 2006 from Margaret B. Jahn, Health Officer. P-16 Memorandum regarding landscaping dated August 21, 2006 from Guy F. Leighton, P.P., AICP. P-17 Memorandum dated July 21, 2006 from Tom Moskal, Chairperson, Environmental Commission. P-18 Letter dated July 28, 2006 from Cheryl Cook, Chairperson, Historic Preservation Commission. P-19 Letter dated September 27, 2005 from Thomas A. Luongo, Chief of the Fire Board. The following exhibits were displayed and marked as follows by the board secretary: P-20 Site plan for proposed modifications to the site in order to accommodate Maaco. P-21 Site plan from for approval as it is built to date. The following persons appeared and were sworn: William Kurtz, P.E., Kurtz Engineering, Doug Easterly, Eastern United States Real Estate Manager for Maaco Enterprises, Thomas Luongo, Construction & Fire Official, Joseph M. Mavuro, Township Engineer and Guy F. Leighton, Township Senior Planner. Mr. Mehr said that the existing lot contains two buildings known as 200 and 300 Commerce Drive. The proposal is to divide the property so that each building would have its own lot. Half of one of the buildings would be utilized for Maaco.

7 Page 7 Mr. Kurtz appeared and the board stipulated to his qualifications. He referred to proposed site plan noting that Maaco would occupy lot "B" and utilize 12,000 square feet of the existing building. The remainder of the building is presently occupied by Verizon Two overhead doors are to be installed and accessed through an easement proposed on Lot B. All of the reports from Township professionals would be complied with as well as widening the driveway to 20' as required in the report from the Fire Official. Mr. Accisano asked regarding the request for variances. Mr. Kurtz said that the applicant is requesting parking and impervious coverage variances. Mr. Kershaw said that he has a problem with storage of junk vehicles, oil and vehicle fluid leakage and the rental of vehicles from this type of facility. Mr. Easterly appeared and testified that no vehicles would be leased from this site. He then gave his qualifications to the board which were accepted. There will be no tow trucks, lifts, motor or transmission work. He showed the front of the business on the site plan noting the customer area, restroom, mezzanine and conference room. The business operation was described. Signage for the building was shown. Mr. McGirr opened the application to the public. Chris Wilcox, 8 Crescent Drive, Brielle, New Jersey appeared and was sworn. He said that he is the owner of Freehold Business Park. He said that he owns three, 35,000 to 37,000 square foot buildings and sold a lot with a building to Mr. Field. He expressed concern regarding the subdivision. Mr. Mehr said that there is now no subdivision proposed. Mr. Wilcox then said that he has concern regarding overnight parking of vehicles that are waiting for repair. Mr. Easterly said that occasionally, vehicles are dropped-off after hours or some waiting for a certain part. Those vehicles would go to the storage area that would be fenced and out-of-view. Storage and disposal of refuse was discussed. Mr. Wilcox said that the property is now unsightly and would like to see improvements and the site work completed. Stuart Levinson, owner of 100 Commerce Drive, Freehold, New Jersey appeared and was sworn. He said that he is a chemist by profession and does not like vehicles expressing concern regarding vapors and gases. Mr. Mehr said that this project meets the requirements of the health department adding that Maaco must meet with the state standards for emissions. Lois Harte, Project Coordinator of 100 Commerce Drive, Freehold, New Jersey appeared and was sworn. She said that the Field property is an eyesore. This location is

8 Page 8 not appropriate for a Maaco facility and added that the use could emit noise. Mr. Easterly said that noise would be contained within the building. Thomas Field, Jr., 131 Tree Top Circle, Freehold, New Jersey appeared and was sworn. He said that he occupies the building next door and expressed concern regarding aesthetics and noise. No one else from the public wished to speak, a motion to close that portion of the meeting was made by Mr. Shortmeyer, seconded by Mr. Kershaw and passed. After discussion a motion for preparation of a positive resolution for the site plan with the addition of an additional twelve parking spaces and no rental of vehicles from the site was made by Mr. Kershaw, seconded by Mr. Louro and passed. Silver Shore Land, LLC Minor Subdivision Application No Route 33 & Halls Mill Road Block 78, Lots 2 & 9 Zone M-1 John A. Giunco, Esq., Giordano, Halleran & Ciesla, 125 Half Mile Road, Middletown, New Jersey appeared for the applicant. He said that they are seeking to change the lot lines so that the site is divided between the private road off of Route 33 and Crow Hill Road. This will allow the new facility, approved by site plan in July, 2006, (a 267,776 square foot beverage distribution center consisting of office and warehouse space to be located on its own lot and the lot to the east be available for future development. Mr. McGirr said that documents P-1 through P-11 are technical and administrative and read the following reports: P-12 Memorandum dated September 26, 2006 from Guy F. Leighton, Township Senior Planner. P-13 Memorandum dated September 19, 2006 from Joseph M. Mavuro, Township Engineer. P-14 Letter dated August 24, 2006 from Helen J. Ward, Tax Assessor. P-15 Letter dated September 27, 2006 from Thomas A. Luongo, Chief of the Fire Board.

9 Page 9 The following persons appeared and were sworn: Brian Decina, P.E., French & Parrello Associates, 1800 Route 34, Suite 101, Wall, New Jersey; Thomas A. Luongo, Fire/Construction Official, Joseph M. Mavuro, Township Engineer and Guy F. Leighton, Township Senior Planner. Mr. Decina, whose qualifications were accepted by the board, appeared and displayed a subdivision map that was marked into evidence as P-16 by the board secretary. Mr. Giunco said that cross easements would be addressed. Mr. McGirr opened the application to the public. No one wished to speak, a motion to close that portion of the hearing was made by Mr. Shortmeyer, seconded by Mr. Gatto and passed. After discussion, a motion for preparation of a positive resolution was made by Mr. Gatto, seconded by Mr. Kershaw and passed. Mr. Giunco requested that the resolution be on the December board agenda and any details be worked out with Mr. Accisano. Revised Municipal Stormwater Management Plan Joseph M. Mavuro, Township Engineer Mr. Mavuro said that the amendment to the Stormwater Management Plan, an element of the Master Plan, has been revised in accordance with recommendations of the Monmouth County Planning Board. It must be re-adopted by the Planning Board and a copy of the adopted plan and resolution be forwarded to them. A motion for preparation of a positive Resolution was made by Mr. Shortmeyer seconded by Mr. Kershaw and passed. DISCUSSION: Mr. Leighton said that the application for Shore Point Distributing Co., Three Brooks Road is ready for public hearing at the next meeting that is to be held on Thursday, September 19, 2006 at the Township Senior Center, 116 Jackson Mills Road. There being no further business, a motion to adjourn the meeting was made by Mr. Kershaw, seconded by Mr. Louro and passed. The meeting concluded at 10:15 p.m. Respectfully Submitted, Robert H. Shortmeyer Secretary