TOWNSHIP OF WASHINGTON
WARREN COUNTY
LAND USE BOARD

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

MINUTES
APRIL 28, 2004

Formal action may be taken at this meeting.

Chairman Artigliere called the meeting  to order at 7:40 p.m.

ADEQUATE NOTICE was given as follows: Notice was sent to the “Star Gazette” and “Express Times” December 30, 2003. Notice was posted on the municipal bulletin board in the Township Administration Building in the Washington Township, New Jersey, and notice was filed with the Township clerk on December 30, 2003.

ROLL CALL

Members Present: Mayor Horensky, Mr. Parillo, Mr. Klingel, Mr. Sodtalbers, Mr. Strunk, Mr. Rossi, Mr. Artigliere, Ms. Pflugh, Mr. Iwaniszyn (8:15)

Members Absent: Mr. Dante

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

COMMUNICATIONS: A List was provided at the meeting.

MINUTES: A motion to approve the minutes of  April 14,  2004 was made by Mr. Parillo, seconded by Ms. Pflugh, Vote: Parillo, Pflugh, Horensky, Sodtalbers, Artigliere - Ayes, 0 - Nay, Klingel,Strunk, Rossi - Abstain, motion carried. A motion to approve the minutes of April 21, 2004 reveiw meeting was made by Ms. Pflugh, seconded by Mr. Iwaniszyn, all ayes, motion carried.

DISCUSSION ITEMS:

1. J. Smith - WTPB#2003-13 Application to amend a resolution granting site plan limited to the sign plan for John H. Smith. Block 66, Lot 20.01

Mr. Sodtalbers and Mr. Artigliere stepped down for the application, Mr. Klingel took over as Chairman. A motion was made by Mr. Strunk to amend the resolution for sign location  seconded by Mr. Parillo, all ayes motion carried.

2. Ed Mark 31 - WTPB# 2004 - 12 - Site Plan application for Block 65, Lot 8.03

Mr. Artigliere resumed his position as Chairman and Mr. Sodtalbers returned to the Board. Mr. Rossi, Mr. Strunk and Mayor Horensky stepped down for this application. Ed Mark 31 was represented by Attorney A. Lowcher and Engineer J. Symonds, P.E. of Biggs Engineering. A motion to deem the application complete with waivers granted, for completeness only, was made by Mr. Parillo, seconded by Ms. Pflugh, Vote: Parillo, Pflugh, Klingel, Sodtalbers - Aye, 0 - Nay, 0 - Abstain, motion carried.                       

A  public hearing for this application has been scheduled for May 26, 2004.

3. M. Spann - WTPB# 2003-21 - Continuation of Public Hearing for Block 82, Lot 17. The application was deemed complete on January 28, 2004. Members Eligible to vote: Parillo, Klingel, Artigliere, Pflugh, Rossi, Sodtalbers. Iwaniszyn. Mr. Rossi returned to the Board at this time.

The applicant was represented by Attorney J. Kobert and Engineer G. Ritter, of Ritter & Plante Associates LLC. Attorney Kobert reviewed the proposed deed restriction language for Heron Run Farm with the Board and the Land Use Professionals. The Board also discussed deed restriction and enforcement, lot averaging and the benefit of open space. Board member Ms. Pflugh requested more information on the Right to Farm Act, so the Board has more opportunity to see how the farm may be used. Planner S. Doyle stated that local zoning regulations gives the Board the allowed impervious coverage. There were no further comments regarding the deed restrictions.

Public Comment:

There was no public comment at this time.

Attorney J. Kobert concluded his discussion on  the proposed application and the proposed preservation of eighty five acres. Chairman Artigliere asked the Board members if they had any further questions. Attorney S. Gruenberg asked Engineer G. Ritter if the flag lot would be considered a building lot, Lot 25 (exhibit A-4). Engineer G. Ritter stated the flag lot meets the ordinance in terms of access and does comply with steep slope guidelines. Engineer G. Ritter stated DEP permits would be required to cross the wetlands, and the 300 ft. setback from the stream would have to be met. Planner S. Doyle briefly reviewed the 85 acre preserved area, and the criteria for the lots being created. The Board briefly discussed exhibit A-8 for 24 lots.

The public portion of the application was closed at this time.

Attorney S. Gruenberg explained the applicant’s burden to prove the positive and negative criteria, lot averaging plan, special reasons, substantial determent to public good.  The Board members stated their concerns, number of lots and variances, geology concerns, maintaining setbacks for adjoining properties, deed restrictions, well and septic concerns.

A motion was made at this time by Ms. Pflugh , seconded by Mr. Rossi, to grant the use variance with deed restriction on the remaining 93.2 acres for agricultural use, and the amount of lots be reduced to 15 new lots, Vote: Pflugh, Rossi, Klingel - Ayes, Iwaniszyn, Parillo, Artigliere - Nay, Sodtalbers - Abstained., motion denied.

A motion to accept the withdraw of the application at the applicant’s request without conditions was made by Mr. Parillo, seconded by Mr. Rossi, Vote: Parillo, Rossi, Klingel, Iwaniszyn, Artigliere, Pflugh - Ayes, Sodtalbers - Abstained, 0 - Nay, motion carried.

Break: 10:20 - 10:30

4. Mr. & Mrs. R. Giancamilli - WTPB#2004-5 - Public hearing for a “C” Variance, Block 22 Lot 3.09. The application was deemed complete on March 10, 2004.

Mr. Strunk and Mayor Horensky returned to the Board at this time.

Attorney S. Gruenberg reviewed the advertising and stated the Board has jurisdiction to proceed with  the application. Mr. & Mrs. Giancamilli were sworn in by Attorney S. Gruenberg. The applicant’s submitted the following exhibits, A-2 Rear view of house, A-3 A letter from adjoining neighbor. 

The applicant’s are requesting a variance for side yard setback in order to gain additional floor space for a master bedroom. The proposed addition is 18' x 10' x 8' and will follow the original line of the house and extend no closer to the side yard border than what already exists.

The elevation will follow the existing roof line and will have the same roofing and siding materials to complete the exterior. The foundation will include a crawl space which will connect to the present basement area. The applicant stated the general topography of the area is level with a few cedar trees along the  border. The property has public water and private septic.

Attorney S. Gruenberg stated the applicant has established hardship and special reasons because of the location of the house on the property, the length and narrowness of the lot and the house currently being undersized. A motion to grant variance approval was made by Mr. Strunk, seconded by Mr. Parillo , all ayes motion carried.

5. Mr. H. Wanderer - WTPB# 2004- 9 - Notice of Appeal of the Zoning Officer’s Decision of March 18, 2004. This application was canceled and the Zoning Officer issued zoning clearance.

ADJOURNMENT: 10:50

With no further business to discuss, and no further public comment offered, the meeting was adjourned.

Respectfully Submitted,
Margaret Housman, Secretary
Washington Township Land Use Board