TOWNSHIP OF WASHINGTON
                                                                           WARREN COUNTY
                                                                           LAND USE BOARD

Municipal Offices                                                                                                                          350 Route 57 West
(908) 689-7209                                                                                                                           Washington, NJ 07882
                                                                                     MINUTES
                                                                               APRIL 26, 2006


Chairwoman D. Pietrangelo called the meeting to order at 7:35 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 23, 2005.

ROLL CALL:
Members Present: Mayor Dempski, Mr. Howell, Mr. Sodtalbers, Mr. Klingel, Mr. Iwaniszyn, Ms. Pflugh, Ms. Pietrangelo, Mr. Zaret, Mr. Strunk (left 9:30p.m.)

Members Absent: Ms. Belz, Mr. Rossi

Also Present: Attorney S. Gruenberg, Engineer W. Gleba, Planner S. Doyle

CORRESPONDENCE: A correspondence list was provided to the land use board members.
1. A response was requested from Ms. McClement regarding Bay Storage and air conditioning.
The Board agreed Ms. McClement could address the air conditioning issue at final.

MINUTES: Minutes from the March 29, 2006 and April 12, 2006 meetings.
A motion to approve the minutes from the March 29, 2006 meeting was made by Mr. Sodtalbers, seconded by Mr. Klingel, Vote: Sodtalbers, Klingel, Iwaniszyn, Pflugh, Pietrangelo, Strunk, Zaret, Howell - Ayes, 0 - Nay, 0 - Abstain, motion carried.
A motion to approve the minutes from the April 12, 2006 meeting was made by Mr. Sodtalbers, seconded by Mr. Klingel, Vote: Sodtalbers, Klingel, Dempski, Strunk, Iwaniszyn, Pflugh, Pietrangelo, Zaret - Ayes, 0 - Nay, 0 - Abstain, motion carried.

COMPLETENESS:
1. Bruce Apgar - WTPB# 2006-4 - Completeness review for a Minor subdivision application for Block 17, Lot 16.01 located at 39 Meadowbreeze Lane.

Attorney S. Gruenberg stated there has been a settlement and limitation of escrow fees for the new application. Mr. Gruenberg stated there had been past due escrows not discussed and not in the order. Mr. Gruenberg stated he sent a letter to Mr. Apgar stating the new application cannot be entertained and will be deemed administratively incomplete. Mr. Strunk stated the map presented with the settlement documents was for the concept plan and not what was agreed to. A motion to deem the application incomplete based upon the failure to pay the outstanding escrows was made by Mr. Sodtalbers, seconded by Mr. Iwaniszyn,
Vote: Sodtalbers, Iwaniszyn, Dempski, Howell, Strunk, Klingel, Pflugh, Pietrangelo, Zaret - Ayes, 0 - Nay, 0 - Abstain, motion carried.

PUBLIC HEARING & DISCUSSION ITEMS:
1. Washington Estates/ Nottingham LLC. - WTPB#2004-33 - Final Major Subdivision approval for Block 28 Lot 5 located on Mine Hill Road. This application was deemed complete on March 29, 2006. The applicant was represented by Attorney M. Hubner and Engineer N. Wunner.

Mr. Hubner stated that they were here to seek final approval.

Mr. Hubner briefly reviewed the required changes to the map. Mr. Hubner stated the developer’s agreement will be delivered to the clerk. Mr. Wunner stated there were changes to the language for the carbonate rock district.

Mr. Hubner stated the sight triangle easement through Lot 5.01, Block 28 and the sight triangle easement through Lot 5.08, Block 28 have been sent to the County. Mr. Wunner reviewed the changes requested by Engineer W. Gleba.

Attorney S. Gruenberg asked if the applicant was able to comply per Engineer W. Gleba’s April 25, 2006 letter. Mr. Hubner stated they had presented a street name of Danielle Court to the Township committee.

Mayor Dempski stated the name they have chosen has been rejected, Mayor Dempski suggested Mr. Hubner contact Barry Mueller of the Historical Society for a recommendation for a street name. Mayor Dempski stated they have a list of historical theme names for the area that are appropriate.

Attorney S. Gruenberg indicated all of the items set forth in Mr. Gleba’s letter should be completed before the signing of the plat, Mr. Gleba stated most of the items would have to be incorporated before the signing of the plat. Mr. Gleba stated the Township Engineer would have the final signature on the plat. Mr. Wunner stated the septic design would not be done until we build the houses, Mr. Hubner stated that they understand that and they would comply.

A motion to grant Final Major Subdivision approval per Engineer, W. Gleba’s March 24, 2006 and April 25, 2006 letter was made by Mr. Sodtalbers, seconded by Ms. Pflugh,
Vote: Sodtalbers, Pflugh, Dempski, Howell, Strunk, Klingel, Iwaniszyn, Pietrangelo- Ayes, 0 - Nay, Zaret - Abstain, motion carried.

2. Hawk Pointe/Asbury Farms - Brief discussion on townhouse use for Asbury Farms.
Mr. Zaret stepped down for the discussion. The applicant was represented by Attorney Lloyd Tubman and Engineer P. Kavka. Mr. Zaret stepped down from the Board at this time. Ms. Tubman stated we were here last month to review the proposed changes to the draft ordinance, however when our Engineer got further into the design he realized there were no townhouse standards in the ordinance. Ms. Tubman stated Ms. Doyle pointed out in her review letter there would have to be ordinance standards. Ms. Tubman stated the changes have been provided to you in bold, Mr. Gruenberg has provided improvements. 

Ms. Doyle reviewed the criteria for the townhouse building appearance so they don’t appear the same. Mr. Gruenberg stated the applicant has met with Planner S. Doyle and himself to review the amendments to the ordinance. Mr. Strunk asked Ms. Tubman if the proposed ordinance deal with the low to moderate income housing obligation, Ms. Tubman stated it does not but they are aware of the obligation and it will be shown on the plans.

Mr. Strunk asked but right now there is no provision to build low to moderate income in the ordinance, Ms. Doyle stated there is an obligation but we don’t tell them where, that is in a different section of the ordinance and the applicant has shown where his obligations will be.
 
Ms. Doyle stated there is an umbrella ordinance to provide this and they have to provide it, where they have to provide it is a site plan consideration. Mr. Gruenberg briefly reviewed the proposed amendments to the ordinance. Mr. Strunk asked if the escrow in place would cover the cost of the Attorney’s cost to implement, Ms. Tubman stated the cost should come out of the escrow. A motion to approve the proposed ordinance changes and forward them to the Township Committee for first reading was made by Mr. Sodtalbers, seconded by Mr. Klingel, Vote: Sodtalbers, Klingel, Howell, Iwaniszyn, Pflugh, Pietrangelo - Ayes, 0 - Nay, 0 - Abstain, motion carried. Mayor Dempski and Mr. Strunk stepped down for the vote on the proposed ordinance changes.

PUBLIC COMMENT:
Mr. John Hughes of 15 Peregrine Drive.
As a resident of the community my name is John Hughes I have been here before and I can never hear you people talk. I could not hear a word Mr. Strunk was saying, I cannot understand with this town and the tax burden that we have that we can’t have microphones in front of every person. Chairwoman Ms. Pietrangelo stated this question would be better posed to the governing body. Mayor Dempski stated we will be moving to the other building next year and and one of the items we will be addressing is a better sound system, these microphones don’t function as well. Mr. Hughes asked would you raise your voices, Ms. Pietrangelo suggested Mr. Hughes come and sit in the front, Mr. Hughes declined.

3. Trade Zone Auto/C. Basile - WTPB#2005-32 - Continuation of a public hearing for a conditional use variance for Block 79, Lot 7.06 located at 488 Route 31 South. This application has been continued from the January 25, 2006 meeting. Eligible to Vote: Howell, Sodtalbers, Klingel, Pflugh, Pietrangelo, Iwaniszyn. Mr. Strunk and Mayor Dempski stepped down for this application Mr. Klingel stated for the record that he has purchased a vehicle from the applicant recently but did not feel any decision he would make would be bias, the applicant agreed.

The applicant was represented by Attorney M. Selvaggi and Planner Mr. D. Zimmerman. Mr. Selvaggi stated the applicant is seeking a variance in order to accommodate an automobile dealership, we are unable to meet the 15,000sq.ft. building requirement. Mr. Selvaggi briefly reviewed the previous public hearing. The applicant’s planner Mr. David Zimmerman briefly reviewed his testimony from the January meeting. Mr. Zimmerman stated the minimum lot area standard is 5 acres, this property is 4.59 acres or 91.8 % of the five acre requirement.
Mr. Zimmerman stated the minimum lot frontage requirements are 300ft. the property has 200ft., the applicant cannot expand the lot to the south because that is the OR zone which doesn’t permit automobile sales. Mr. Zimmerman stated to expand to the North would make that lot non conforming, Lot depth of 300ft. is complied with. Mr. Zimmerman stated the area devoted to display should not exceed 60% the applicant conforms to that, the applicant conforms to display lighting, the buffer conforms for the distance for a residential zone, outdoor displays of vehicles for sale shall be setback 25ft. from the right of way and the applicant conforms and all regulations regarding setback, yard area, impervious coverage will conform. Mr. Zimmerman stated the requirement in the ordinance for an auto sales establishment have not less than 15,000 sq.ft. the applicant is proposing 5,148 sq.ft. for a used automobile sales establishment that is more than sufficient.
 
Mr. Zimmerman stated that they felt that the site may not have these standards it is still an appropriate site for the application that is before the board. Mr. Zimmerman stated that they reviewed all of the minutes from the Washington Township Committee for 1995 and the minutes from 1996 which their were eleven, the ordinance was introduced in August and September and approved on October 15, 2005. Mr. Zimmerman stated they reviewed the masterplan, the amendments and there was no reference of the Rt. 31 corridor being a gateway to the community. Mr. Zimmerman reviewed the masterplan from 1994, development and Washington Borough. Mr. Zimmerman briefly discussed the two new automobile establishments on Rt. 31, Rossi Chevrolet and Smith Motors and their dimensions, Mr. Zimmerman stated the ordinance for automobile dealerships in his opinion was created for these two dealerships.

Attorney S. Gruenberg asked what type of evidence would you be submitting and what would the building look like. Attorney M. Selvaggi submitted exhibit A-1, a photo of Mr. Basile’s previous dealership which is currently a saturn dealership located on Rt. 46 in Mt. Olive NJ.

Mr. Zimmerman stated the photo shows the style and type of quality building Mr. Basile would like to have. Mr. Zimmerman stated this is an appropriate application and the applicant has satisfied the criteria for this type of application. Mr. Selvaggi reviewed the criteria for the application. Mr. Zimmerman stated this application would provide some landscaping buffer for the used car dealership to the north.
Attorney S. Gruenberg asked if the relief they were seeking is solely to the size of the building, Mr. Selvaggi said yes. Engineer, W. Gleba addressed his concerns for circulation for the site, lot width, things being pushed onto the site, parking for the fire lane.

Engineer W. Gleba reviewed items that will have to be addressed at site plan, Mr. Selvaggi agreed. Mr. Basile addressed access issues near the proposed building. Mr. Zimmerman stated the applicant would be happy to implement whatever recommendations the board requests that are reasonable and appropriate. Mr. Selvaggi stated the trash enclosure could be moved out that’s not a problem. Engineer W. Gleba asked what about circulation on the site for vehicles such as car carriers. Chairwoman Pietrangelo stated she would like to assume that the applicant has done his or her homework regarding the site and would not have to request additional relief when they come before the board.

Attorney S. Gruenberg asked Mr. Zimmerman if you are providing testimony that if you get use variance approval without the site plan that when you file your site plan then it would be variance free and will be a conforming application. Mr. Selvaggi stated that is not a requirement. Mr. Selvaggi stated that the applicant should be able to meet those standards. Planner S. Doyle asked Mr. Basile if there were two levels on his previous building, Mr. Basile stated yes, but the building is not two full stories.

Mr. Howell asked if the building meets some kind of standard other than the applicant just wanting that size of building. Mr. Zimmerman stated his research has indicated that that is the largest used car showroom building that I am aware of. Mr. Howell asked if there are any used car dealerships you can give us, Mr. Zimmerman said no.

Mr. Howell stated that as a planner are there any specific standards that you are aware of,

Mr. Zimmerman stated most used car buildings are significantly smaller than what the applicant is proposing. Mr. Zimmerman stated that the proposed building is appropriate for the site. Attorney Gruenberg asked Mr. Basile if he built his original building in exhibit A-1, Mr. Basile stated he built the building. Mr. Gruenberg asked how much of the building was dedicated to the showroom, Mr. Basile stated approximately 25%.
 
PUBLIC COMMENT:
Mr. T. Prisk of 5 Osprey Court.
Mr. Prisk asked Mr. Zimmerman does ordinance address both new and used cars not just used cars, Mr. Zimmerman stated his interpretation was yes.
Mr. Prisk asked where did the size of the building come from.
Mr. Zimmerman stated he asked the previous Planner J. Layton and he didn’t know  where it came from either, Mr. Klingel stated that is all speculation there is nothing to back up your statement. Mr. Selvaggi stated perhaps the resident would rather see a pawn shop there or tombstone monuments or self storage.
Mr. Prisk asked Mr. Basile why he is considering moving, Mr. Basile stated the owner of the property where Trade Zone Auto is currently located is considering selling the property.
Mr. Prisk asked Mr. Basile who owns the three eighteen wheelers located on the property,
Mr. Basile stated the trucks were not his.

Mr. Frank Cregan of 62 Merlin Dr.
Mr. Cregan stated with in keeping with the concept, more upscale businesses such as Talbots and plant stores similar to Route 202 in Basking Ridge. Mr. Cregan stated three variances are a real stretch.

Mr. Alan Theesfeld of 9 Osprey Court.
Mr. Theesfeld stated he was a retired Engineer from Lucent Technologies.
Mr. Theesfeld stated he is an employee of Rossi Chevrolet.
Mr. Theesfeld stated the applicant should be able to meet the requirements, Smith Motors has met the requirements.

Planner S. Doyle briefly discussed the existing car dealerships further north on Rt. 31.

Ms. Doyle reviewed the inability to conform and the unwillingness to comply per the ordinance.

Attorney S. Gruenberg reviewed the standards of review for a conditional use.

Ms. Doyle reviewed building size concepts.

BREAK: 9:25 - 9:40 p.m.

Ms. Doyle continued her testimony on building size in proportion to the size of the lot. Ms. Doyle stated she felt the size of the building is not suitable for the site.

Mr. Selvaggi stated the size of the building is a business choice the applicant does not need to build a larger building. Mr. Basile stated the building in Washington Township Morris County is 2,200 sq.ft. On Route 46. Mr. Basile stated the Budd Lake building is currently a Saturn dealership. Mr. Selvaggi stated the A-1 exhibit is the type of quality building the applicant plans on building. Ms. Pflugh stated she would like to know how the applicant could maintain a certain quality and character that is consistent with size. Mr. Basile stated he could have built a building with a lot less windows or made of steel, Mr. Basile stated that his business is him and he would like to make it a beautiful building.

Attorney Gruenberg asked if the applicant will be submitting any architectural’s showing the building and how it will look. Mr. Selvaggi stated perhaps the board isn’t really concerned with the size of the building but how it will look. Mr. Basile stated he can’t spend any more money. Chairwoman Pietrangelo stated there is a certain expectation you get with a 15,000 sq.ft. building. Mr. Basile briefly discussed his previous building in Mt. Olive.

Ms. Pflugh stated she did not want the applicant to feel we are trying to put an undo burden on them, we are trying to elicit any facts about your position so we can make the appropriate decision as to why you are here and are not following the standard in our ordinance. Ms. Pflugh stated we need you to testify and give us actual facts.

Planner S. Doyle discussed her final thoughts on the application. Attorney S. Gruenberg briefly reviewed the variances for the application.

A motion to approve the variance for lot area was made by Mr. Sodtalbers, seconded by Mr. Klingel, Vote: Sodtalbers, Klingel, Howell, Iwaniszyn, Pflugh, Pietrangelo - Ayes, 0 - Abstain, 0 - Nay, motion carried.
A motion to approve the variance for lot frontage was made by Mr. Sodtalbers, seconded by Ms. Pflugh, Vote: Sodtalbers, Pflugh, Howell, Iwaniszyn, Klingel, Pietrangelo - Ayes, 0 - Abstain, 0 - Nay, motion carried.
A motion to deny the variance for the building square footage was made by Mr. Howell, seconded by Mr. Sodtalbers, Vote: Howell, Sodtalbers, Klingel, Iwaniszyn, Pflugh,  Pietrangelo - Ayes, 0 - Nay, 0 - Abstain, motion carried.

Mayor Dempski returned to the Board at this time.

4. Review for an ordinance to amend chapter 123 (zoning) and to delete chapter 124 (zoning - planned development) of the code of the Township of Washington. The Board discussed the proposed changes during the Hawk Pointe presentation and voted.

5. Review of sign ordinance amendments:
The Board reviewed and discussed the proposed amendments to the sign ordinance and made a recommendation to send it to the Township committee for first reading.
A motion to approve the proposed ordinance changes and send them to the Township committee for first reading was made by Mr. Sodtalbers, seconded by Mr. Klingel,
Vote: Sodtalbers, Klingel, Dempski, Howell, Iwaniszyn, Pflugh, Pietrangelo, Zaret - Ayes, 0 - Nay, 0 - Abstain, motion carried.

6. Land Use Board resolution adopting the open space and recreation plan.
Mr. Sodtalbers stated he had general concern because there was so much recreation compared to neighboring towns. Mr. Sodtalbers stated he would rather see more farmland preserved land and less emphasis on active recreation. Mr. Sodtalbers stated the north south trail may just be more problems. Mayor Dempski stated that farmland preservation would be a masterplan element.
A motion to approve the resolution for the OSRP plan was made by Mr. Klingel, seconded by Mr. Zaret, Vote: Klingel, Zaret, Dempski, Iwaniszyn, Pflugh, Pietrangelo - Ayes, Sodtalbers - No, Howell - Abstain, motion carried.

7. The Board gave authorization to the Land Use Engineer W. Gleba to review the Stormwater ordinance, but the review should not exceed two hours in length.

PUBLIC COMMENT:
Mr. T. Prisk of 5 Osprey Court
Mr. Prisk stated he would like to congratulate the board on a very difficult decision they had before them tonight.
 
ADJOURNMENT: 11:15 p.m.
With no further business before the Board and no further public comment offered the meeting was adjourned.

Respectfully Submitted,

Margaret Housman, Secretary
Land Use Board