TOWNSHIP OF WASHINGTON
WARREN COUNTY
LAND USE BOARD

Municipal Offices                                                                                                              350 Route 57 West
(908) 689-7209                                                                                                               Washington, NJ 07882

MINUTES
APRIL 13, 2005

Vice Chairman R. Klingel called the meeting to order at 7:35p.m.

Chairman K. Pflugh arrived at 7:40 p.m.

ADEQUATE NOTICE was given as follows: Notice was sent to the “Star Gazette” and “Express Times.” Notice was posted on the Municipal bulletin board in the Township Administration building in Washington Township, New Jersey, and notice was filed with the Township Clerk on December 22, 2004.

ROLL CALL:
Members Present: Mayor Dempski, Mr. Howell, Mr. Strunk, Mr. Klingel, Ms. Pflugh,(7:40p.m.) Mr. Rossi, Ms. Pietrangelo, Mr. Birkner.

Members Absent: Ms. Belz, Mr. Sodtalbers, Mr. Iwaniszyn

Also Present: Attorney S. Gruenberg, Engineer J. Cilo Jr., Planner S. Doyle

EXECUTIVE SESSION: “Pending Litigation” 7:40 - 8:20 p.m.

A motion to go into executive session to discuss pending litigation was made by Mr. Rossi, seconded by Ms. Pietrangelo, all ayes motion carried. A motion to return to regular session was made by Mr. Howell, seconded by Mayor Dempski.

MINUTES: Minutes from the March 30, 2005 meeting were tabled to the April 27, 2005 meeting.

COMPLETENESS:
1.  Bay Storage/A. McClement - WTPB#2005-11 - Completeness for a Site Plan application for Block 40, Lot 14.01. A motion to deem the application incomplete was made by Ms. Pietrangelo, seconded by Mayor Dempski, all ayes motion carried. This application has been scheduled for second completeness on May 11, 2005.

2.  Pear Tree - WTPB#2005-10 - Completeness for a Variance application for Block 15, Lot 8.09. A motion was made to deem the application complete with waivers granted for completeness by Mr. Howell, seconded by Mr. Rossi, all ayes motion carried. This application has been scheduled for public hearing on May 11, 2005.

RESOLUTIONS:
1.  Dr. Zipf - WTPB#2004-32 - Resolution for Variance approval granted March 30, 2005 for Block 48, Lot 7.06. A motion to approve the resolution with corrections was made by Mr. Strunk, seconded by Mayor Dempski, Vote: Strunk, Dempski, Howell, Birkner - Ayes, 0 - Nay, 0 - Abstain, motion carried.

PUBLIC HEARINGS & DISCUSSION ITEMS:

1.  Heron Run/M. Spann - WTPB#2005-1- Second review for completeness and public hearing for a Preliminary Major Subdivision with Variance relief for Block 82, Lot 17. Board member Mr. T. Birkner stepped down for the application. The applicant was represented by Attorney J. Kobert of Courter, Kobert, Lsufer & Conell and Engineer D. Plante & Planner G. Ritter of Ritter & Plante Associates LLC. Planner S. Doyle briefly read her letter dated March 28, 2005 recommending the application be deemed complete.

A motion to deem the application complete was made by Mr. Klingel, seconded by Mr. Rossi, Vote: Klingel, Rossi, Dempski, Howell, Pflugh, Pietrangelo - Ayes, Strunk - Nay, 0 - Abstain, motion carried. Attorney S. Gruenberg swore in Planner George Ritter and Engineer David Plante. Exhibits A-1 Existing conditions including structures and topography was submitted and discussed. Mr. Ritter briefly described the principle dwellings and their locations, farm structures and tenant buildings were shown. Exhibit A-2 A Colored version of the proposed lots and existing farm structures. Mr. Ritter stated the tenant structure will be on a four acre remaining lot. Mr. Ritter briefly discussed the definition of a farm and accessory use. Exhibit A-3 A copy of a tenant lease was presented and discussed. Mr. M. Spann was sworn in by Attorney S. Gruenberg. Mr. Kobert asked Mr. Spann to give a brief history of the farm and its structures. Mr. Spann stated he has owned the farm for over thirty years which contained a restored farmhouse, barn and milk house. Mr. Spann stated his son Louis cares for the cattle, fields and hay. Mr. Spann stated he currently has a few cows also raises corn, wheat and heifers for sale. Mr. Spann stated Louis cares for the cows and calving and maintains the farm. Mr. Spann stated Louis was married four years ago and converted part of the barn into living quarters. Attorney S. Gruenberg asked Mr. Spann is there was anything else in the barn at this time, Mr. Spann stated the barn held tractors, hay, young stock, an area for baby cows, horses, poultry and living quarters which include a kitchen, living room and two bedrooms. Planner S. Doyle asked if the well and septic were the same for the house and the barn, Mr. Spann said the barn had a separate septic but not a separate well. Board member Ms. Pietrangelo asked if the stream located on the property was a category one stream, Mayor Dempski said the stream was a category one stream.

Public Comments:
Mr. Gordon Wallace of 43 New Hampton Road
Based on testimony I own a conforming farm with a 3000k barn, would you object to an apartment Mr. Spann?

Ms. Paula Crab of Musconetcong River Road.
Ms. Crab stated she enjoyed the farm and asked where the exact location of the homes would be, Mr. Spann said further up on the ridge.

Ms. Joan Note of 43 Musconetcong River Road.
Is there any guarantee about leaching into the stream? Mr. Gruenberg stated that testimony would be discussed at a future date. Mr. Keith Earnwood of 120 Musconetcong River Road.

Mr. Earnwood asked if the tenant house would be a separate use and would have to be a  use variance. Ms. Pflugh stated the question was premature.

Mr. Donald Kimball of 108 Musconetcong River Road.
Mr. Kimball asked how his quality of life would be affected.

Attorney Gruenberg stated these issues could not be discussed at this point.

There was no further testimony from Mr. Spann.

Planner S. Doyle had a brief discussion on the potential of a compound and the intent of the ordinance. Mr. Kobert stated under farm uses the use is allowed, the ordinance allows tenant houses. Attorney S. Gruenberg stated the issue of the tenant house was a legal issue and would have to be researched for determination. Mr. Strunk suggested a layout of the barn should be submitted with a floor plan including dimensions and use. This public hearing will resume on May 11, 2005. Mr. Birkner returned to the Board at this time.

2.  Washington Storage - WTPB#2005-6 - Public hearing for a Minor Subdivision application with Variance relief for Block 66, Lot 20.02. This application was deemed complete on March 9, 2005.

This application has been rescheduled for May 11, 2005 without further notice being required.

3.  Washington Twp. Realty Co./Ocino - WTPB#2005-9 - Public hearing for a Preliminary and Final Site Plan application for Block 64, Lot 16. This application was deemed complete on March 9, 2005. The applicant was represented by Attorney T. Malman of Pitney Hardin LLP and Engineer Paul Kavka and James Baumgartner of Gladstone Design. Attorney S. Gruenberg stated the Board had jurisdiction to proceed with the application. Attorney Malman stated the application before the Board was to amend approval for parking and signage. Attorney Gruenberg swore in Engineer James Baumgartner, P.E. of Gladstone Design, Mr. Baumgartner described the location of the Ocino restaurant and stated the restaurant bordered Route 31 and South Lincoln Ave.

Mr. Baumgartner reviewed exhibit A-1 which shows the existing conditions of the restaurant.

Mr. Baumgartner stated there was approximately 2.5 acres with 4,800 sq.ft. Restaurant with 34 existing parking spaces. Mr. Baumgartner described the landscaping which includes a douglas fir berm for screening and scrubs around the foundation of the building. Mr. Baumgartner stated the bulk requirements have been met, they would like to extend the parking lot and reuse the existing sign at the southeast corner of the property.  Mr. Baumgartner reviewed drainage patterns for the site. Exhibit A-2 Site Plan rendering was reviewed and discussed. Mr. Baumgartner stated there would be a total of 50 paved spaces on site and curbing for the west and south side. The proposal would include 3 additional lights consistent with what is there and would have timers scheduled to remain on until approximately ½ hour after all employees have left for the evening.

Exhibit A-3 Existing Sign and Exhibit A-4 Proposed Sign were submitted and discussed.

Ms. Pietrangelo asked if the tree and rock wall will remain, Mr. Baumgartner said yes.

Mr. Baumgartner stated the drainage would run over land to a detention basin in this area.

Engineer J. Cilo suggested in place of a basin a 2 foot wide trench with stone from the edge of the pavement. Mr. Strunk asked  Mr. Cilo if he could justify not needing a stormwater detention basin in that area and what would happen when the next applicant comes before the Board.  Mayor Dempski asked what would happen if the drainage ditch freezes over in the winter. Mr. Strunk asked if the basin could go under the lot. Mr. Baumgartner stated he would get together with Mr. Cilo to come up with a solution for the drainage.

PUBLIC COMMENT:
Attorney Stuart Ours represented the Taylors who reside on South Lincoln Ave.

Mr. Ours requested the lights shown on sheet 3 of the lighting detail be brought down to 12ft.

Mr. Ours also requested one light be installed on the driveway from South Lincoln instead of two. Mr. Baumgartner stated there was an Township ordinance regarding lighting.

Mr. Strunk asked Mrs Taylor what was the specific problem regarding the lighting.

Attorney Gruenberg swore in Mrs. Taylor. Mrs. Taylor stated there was light glare coming into their home all night long, even turning the lights off at 2:00 am would help.

Mr. Strunk asked if the lights were shoe box in type, Mr. Baumgartner stated they were.

Attorney S. Gruenberg swore in Mr. Taylor. Mr. Taylor invited the Board professionals to come stand in his yard at night.

Mr. Frank Cregan of 62 Merlin Drive
Mr. Cregan questioned why there are two reserved parking spaces at the location.

Mr. Baumgartner stated there were two reserved parking spaces because the owner in handicapped. Mr. Birkner asked if the owner would consider replacing the existing sign with a new sign. Mr. Baumgartner stated they would look into other possibilities for the existing sign and return with additional sign detail. No further public comment was given.

4.  F. Phelps - WTPB#2004-35- Public hearing for a Variance application for Block 60, Lot 5.
This application was deemed complete on January 12, 2005. Due to the late hour and full agenda this application will be carried without further notice until April 27, 2005.

5.  P. Graham - WTPB#2005-8- Public hearing for a Variance application for Block 40.02, Lot 5. This application was deemed complete on March 30, 2005. Due to the late hour and full agenda this application will be carried without further notice until April 27, 2005.

6.  Sung Woo - WTPB#2005-12- Conceptual plan for Block 20, Lot 1. Due to the late hour and full agenda this application will be carried until April 27, 2005.

ADJOURNMENT: 11:30

With no further business before the Board and no public comment offered, the meeting was adjourned.

Respectfully Submitted,
Margaret Housman, Secretary
Washington Township LUB