FREEHOLD TOWNSHIP PLANNING REGULAR MEETING MINUTES FEBRUARY 15, 2007

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FREEHOLD TOWNSHIP PLANNING REGULAR MEETING MINUTES FEBRUARY 15, 2007 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: Mr. Gatto, Mr. Shortmeyer, Mr. Bazzuro, Mr. White, Committeeman Ammiano, Mayor Dorothy H. Avallone, Mr. Kash, Mr. Bruno and Mr. McGirr. Mr. Louro and Mr. Platt. Also Present: Frank C. Acciano, Esq., Joseph M. Mavuro, Township Engineer, Guy F. Leighton, Township Senior Planner, Judith M. Brown, Adm. Officer and Danielle Sims, Clerk. Mr. Shortmeyer was administered Oath of Office by board attorney, Mr. Accisano and Mr. Kash and Mr. Bruno were seated as regular members. There was the Pledge of Allegiance. Mr. McGirr distributed the list for committee appointments for 2007. MINUTES: A motion to approve the minutes of the January 18, 2007 Reorganization Meeting and January 18, 2007 Regular Meeting was made by Mr. Gatto, seconded by Committeeman Ammiano and passed with the following roll call vote: Mr. Gatto, Mr. Bazzuro, Mr. White, Mr. Ammiano, Mr. Kash, Mr. Bruno and Mr. McGirr. RESOLUTION(S): Center State Professional Park, LLC Application SR-03-06 Soil Removal Monmouth County Route 537, Block 86, Lot 2.09 A motion to approve the Resolution (attached and made part of these minutes) was made by Mr. Bazzuro, seconded by Mr. Gatto and passed with the following roll call vote: Aye: Mr. Gatto, Mr. Bazzuro, Mr. White, Mr. Ammiano, Mayor Avallone, Mr. Kash, Mr. Bruno and Mr. McGirr. Not eligible to vote: Mr. Shortmeyer.

Page 2 Yakov Kasavin & Helena Akhumova Minor Subdivision Application No. 868-06 301 Schanck Road, Block 71.35, Lot 12 A motion to approve the Resolution (attached and made part of these minutes) was made by Mr. Bazzuro, seconded by Mr. Gatto and passed with the following roll call vote: Mr. Gatto, Mr. Bazzuro, Mr. White, Mr. Ammiano, Mayor Avallone, Mr. Kash, Mr. Bruno and Mr. McGirr. Not eligible to vote: Mr. Shortmeyer. JDN Real Estate Freehold, LLP (Rare Hospitality International, Inc. Longhorn Restaurant) Preliminary & Final Major Site Plan Approval Application No. 761-06 Monmouth County Route 537 at Freehold Marketplace Block 70, Lot 20.05 A motion to approve the Resolutions (attached and made part of these minutes) was made by Mr. Gatto, seconded by Mr. Ammiano and passed with the following roll call vote: Mr. Gatto, Mr. Bazzuro, Mr. White, Mr. Ammiano, Mayor Avallone, Mr. Kash, Mr. Bruno and Mr. White. Not eligible to vote: Mr. Shortmeyer. Ordinance No. 0-07-01 Amending Chapter 190, Land Use, Section 190-224 "Affordable Housing Development Fees" of the Code of the Township of Freehold, County of Monmouth, State of New Jersey. A motion to approve the Resolution (attached and made part of these minutes) was made by Mr. Gatto, seconded by Mr. Bazzuro and passed with the following roll call vote: Mr. Gatto, Mr. Shortmeyer, Mr. Bazzuro, Mr. White, Mr. Ammiano, Mayor Avallone, Mr. Kash, Mr. Bruno and Mr. McGirr. WATER RESOURCES PROTECTION ORDINANCE: Nikolai Paradizov WRPA No. 03-06 385 Broadway, Block 19, Lot 2 Zone R-120 William C. Longo, P.E., Lortech, Inc., 182 South Street, Freehold, New Jersey appeared and was sworn. Nikolai Paradizov, applicant appeared and was sworn. Mr. McGirr said that documents P-1 through P-5 are administrative and technical and read the following reports:

Page 3 P-6 Memorandum dated December 19, 2006 from Joseph M. Mavuro, Township Engineer. P-7 Memorandum dated January 9, 2007 from Margaret B. Jahn, Health Officer. Mr. Longo said that his client is proposing an addition to his home and in conjunction with that, a septic plan and disposal field are proposed. The location of the field was noted due to the grade of the property. Mr. Longo added that his client has no problems with the comments from the Health Officer. Mr. Mavuro said that he reviewed the plan and has no comments. 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. A motion for preparation of a positive resolution was made by Mr. Gatto, seconded by Mr. Ammiano and passed. CONTINUED APPLICATION(S): Silver Shore Land, LLC Application No. 754-06 Amended Site Plan Approval Halls Mill Road & Route 33 Block 78, Lot 2 Waiver of the requirement for installation of sidewalks. Craig Gianetti, Esq., Giordano, Halleran & Ciesla appeared for the applicant and said that they are seeking a modification to one of the conditions of major site plan approval granted on July 6, 2006 for the construction of a 267,766 square foot warehouse/office facility. The request for a waiver is for the requirement for the installation of sidewalks in accordance with the Land Use Ordinance. In lieu of the sidewalks, a contribution of sixty percent (60 %) of the cost of the sidewalk installation is proposed. The modification of the site plan approval is reasonable and de minimus. The following persons appeared and were sworn: Joseph M. Mavuro, Township Engineer and Guy F. Leighton, Township Senior Planner. Mr. Mavuro said that he does not have a problem with the application.

Page 4 Mr. McGirr opened the application to the public. No one wished to speak, a motion to close the public portion was made by Mr. Gatto, seconded by Mr. Ammiano and passed unanimously. After discussion, a motion for a positive resolution was made by Mr. Gatto, seconded by Mr. Ammiano and passed. Ali Real Estate, LLC Amended Preliminary & Final Site Plan Approval with Variances and Waivers Application No. 720-1-06 725 Park Avenue, Block 47, Lot 12 To convert existing residence into a hair salon and construct a 1,926 square foot addition with related site work to include parking area for eighteen vehicles, driveway, site lighting, landscaping and an underground stormwater system. Variance Less than the required total number of parking spaces 22 parking spaces required; 18 parking spaces proposed. Waivers Access asisles and parking lot located closer to property lines than permitted and not providing sidewalk along Park Avenue. Gerald N. Sonnenblick, Esq., Sonnenblick, Parker & Selvers, P.C., appeared for his client, Ali Real Estate, LLC. Mr. Accisano said that he reviewed the affidavit of publication and proofs of notice and the applicant may proceed. Mr. McGirr said that documents P-1 through P-15 are administrative and technical and read the following reports: P-16 Memorandum dated January 26, 2007 from Guy F. Leighton, Township Senior Planner. P-17 Memorandum dated December 12, 2006 from Joseph M. Mavuro, Township Engineer. P-18 Report dated December 22, 2006 from Robert C. Mainberger, Hatch, Mott and MadDonald. P-19 Report dated December 7, 2006 from Edward G. Broberg, T&M Associates.

Page 5 P-20 Memorandum dated October 6, 2006 from Margaret B. Jahn, Health Officer. P-21 Letter dated December 7, 2006 from Thomas A. Luongo, Chief of the Fire Board. P-22 Letter dated January 8, 2007 from Michael Berman, Chairperson, Historic Preservation Commission. Christopher McDowell, P.E., Midstate Engineering, Freehold, New Jersey appeared and was sworn. He offered his qualifications to the board and they were accepted. Mr. McDowell submitted the following documents into evidence and they were marked as follows: P-23 Color rendering of the site plan and P-24 Color rendering of the building elevations. The original application called for the demolition of an existing single-family residence and construction of a two story building for use as a beauty salon and day spa containing 3,179 square feet of floor area. Ali Real Estate now proposes to construct an addition to the existing residence with site improvements to include a parking area for eighteen vehicles, lighting, landscaping and an underground stormwater system. Access to the salon would be by way of sidewalk to the westerly side of the building. Lighting in the parking lot would be shielded as to prevent spillage onto adjoining properties. Mr. Sonnenblick said that a variance is being requested for less than the required total number of parking spaces (22 parking spaces required and 18 parking spaces are proposed.) A waiver for not providing sidewalk along Business Route 33 is also being requested. Mr. Ammiano asked the total number of employees. Naciye Ali, Applicant and Owner of the salon, 725 Park Avenue, Freehold, New Jersey appeared and was sworn. Ms. Ali said that no more than five to seven employees at one time would be at the salon. There will be five work stations and an area for pedicures and manicures. Mr. McGirr discussed signage and Mr. Sonnenblick said that a sign would be in keeping with the building style. Mr. McGirr opened the application to the public. George Taylor, 4 Dutch Lane Road, Freehold, New Jersey appeared and was sworn. He said that he owns property behind the subject property (on Jerseyville Avenue) and expressed concern regarding water runoff. Mr. McDowell said that the proposed parking lot for the salon would have curbing therefore there would be no water runoff to properties in the rear.

Page 6 No one else wished to speak, a motion to close the public portion of the application was made by Mr. Ammiano, seconded by Mr. Shortmeyer and passed. After discussion, a motion for preparation of a positive resolution was made by Mr. Ammiano, seconded by Mayor Avallone and passed. DISCUSSION: JDN Real Estate-Freehold, LP (Ocean First Bank) Application No. 763-06 Monmouth County Route 537 at Freehold Marketplace Block 70, Lot 2.04 V-C (Village Center) Zone To construct a 3,087 square foot bank branch with three drive through lanes. Related site work to include parking, driveways access aisles, landscaping, signage and lighting. Mr. Accisano said that the affidavit of publication and proof of notice are in order and the board accepted the Ocean First Bank application for jurisdiction. Gerald N. Sonnenblick, Esq., Sonnenblick, Parker & Selvers, P.C. appeared and said that a Technical Review Committee meeting was held regarding this application on February 7 th and revised plans submitted to the Township today. Reports are forthcoming and he asked the board to hear the application on March 1, 2007. Mr. Mavuro said that the revised plans have been received late this afternoon. On motion of Mr. Ammiano, seconded by Mayor Avallone and passed with the following roll call vote: Aye: Mr. Mr. Gatto, Mr. Shortmeyer, Mr. Bazzuro, Mr. White, Mr. Ammiano, Mayor Avallone, Mr. Kash and Mr. Bruno, the application will be on the agenda for March 15, 2007 and that no further notice is required. TIME EXTENSION: Commerce Bank Preliminary & Final Site Plan Approval Jackson Mills Road & Elton Adelphia Road Block 83, Lots 1, 2 & 4 Mr. Accisano said that the board is in receipt of a letter from Rick Brodsky, Esq., Ansell, Zaro, Grimm & Aaron requesting an indefinite extension of time regarding the application since there are ongoing negotiations with outside agencies as well as the owner of the subject property.

Page 7 A motion for preparation of a positive resolution for an extension of time was made by Mr. Gatto, seconded by Mr. Shortmeyer and passed. DISCUSSION (Continuted): Mr. Leighton outlined the applications for the next meeting (March 1, 2007) as follows: Minor Subdivision and Water Resources Protection applications, John Fitzpatrick, Clover Court; Center State Professional Park (Project Name: Pond View Corporate Park) amended site plan and New Jersey Community Bank for preliminary and final major site plan approval. The board discussed the upcoming application/status list submitted to the board this evening noting that it is helpful regarding scheduling. Mr. Gatto asked regarding the status of signage for Freehold Marketplace. Mayor Avallone said that a new street name for Marketplace Drive is proposed. The change would be Wal Mart Drive. No changes are proposed for the pylon sign. There being no further business, a motion to adjourn the meeting was made by Mr. Gatto, seconded by Mr. Ammiano and passed unanimously. The meeting concluded at 8:45 p.m. Respectfully Submitted, Robert H. Shortmeyer Secretary