TOWNSHIP OF WASHINGTON
                                                                                   WARREN COUNTY
                                                                                   LAND USE BOARD
Municipal Offices                                                                                                                                350 Route 57 West
(908) 689-7209                                                                                                                                 Washington, NJ 07882
                                                                                             MINUTES
                                                                                       APRIL 11, 2007

Chairwoman K. Pflugh called the meeting to order at 7:30 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.

ROLL CALL:
Members Present: Mayor Horensky, Mr. Howell, Mr. Artigliere, Mr. Klingel, Mr. Rossi, Mr. Iwaniszyn, Ms. Pflugh, Mr. Bundschuh
Members Absent: Mr. Vergos, Mr. Zaret, Mr. Elbassiouny
Also Present: Attorney S. Gruenberg, Engineer K. Smith, Planner S. Doyle

CORRESPONDENCE: A list was provided to the land use board members.

MINUTES: Minutes from the March 14, 2007 meeting.
A motion to approve the minutes from March 14, 2007 as written was made by Mr. Klingel, seconded by Mr. Iwaniszyn, Vote: Klingel, Iwaniszyn, Horensky, Howell, Rossi, Pflugh - Ayes, 0 - Nay, 0 - Abstain, motion carried.

ITEMS FOR COMPLETENESS:
1. Joe Justo - WTPB#2005-33 - Third completeness review for a Preliminary Major Subdivision application for block 74 lot 5 located at 81 West Asbury Anderson Rd.
The applicant was represented by Attorney J. Bohn.

A motion to deem the application complete with waivers granted for completeness was made by Mr. Rossi, seconded by Mr. Artigliere, Vote: Rossi, Artigliere, Horensky, Howell, Klingel, Iwaniszyn, Pflugh, Bundschuh - Ayes, 0 - Nay, 0 - Abstain, motion carried.

The public hearing for this application was scheduled for May 9, 2007.

2. B. Apgar - WTPB#2006-4 - Second completeness review for a Minor Subdivision application for Block 17 Lot 6.01 located at 39 Meadowbreeze Lane.
The applicant was represented by Attorney L. Cohen, Engineer J. Symonds.
Mr. Cohen gave a brief review of the status of the application and the requirements of the order.
Mr. Apgar submitted  letters from the Water Co. and Warren County Soil Conservation.
Mayor Horensky briefly addressed his concerns with cost control for the application and requested an estimate from the engineer for application costs.

A motion to deem the application complete with waivers granted for completeness was made
 
by Mr. Artigliere, seconded by Mr. Howell, Vote: Artigliere, Howell, Horensky, Klingel,
Rossi, Iwaniszyn, Pflugh, Bundschuh - Ayes, 0 - Nay, 0 - Abstain, motion carried.
A motion to schedule the application for public hearing only if detailed Engineering information
is provided to the Board Engineer within seven days was made by Mr. Iwaniszyn, seconded by Mr. Artigliere, Vote: Iwaniszyn, Artigliere, Horensky, Howell, Klingel, Rossi, Pflugh, Bundschuh
A motion was made to grant waivers for completness by Mr. Iwaniszyn, seconded by Mr. Artigliere, Vote: Iwaniszyn, Artigliere, Horensky, Howell, Klingel, Rossi, Pflugh, Bundschuh - Ayes, 0 - Nay, 0 - Abstain, motion carried.

Executive Session: 8:28 - 8:50
A motion to go into executive session to discuss pending litigation was made by Mr. Howell, seconded by Mr. Artigliere, all ayes motion carried. A motion to return to regular session was made by Mr. Artigliere seconded by Mr. Rossi, all ayes motion carried.

DISCUSSION & PUBLIC HEARING ITEMS:
1. The Village Shoppes at Hawk Pointe - WTPB#2006-14 - Continuation of a public hearing for a Preliminary Major Site Plan application with variance relief for block 65 & 65.02 lots 2,4 & 1 located at 294 Rt. 31 south.Eligible to Vote: Horensky, Howell, Elbassiouny Klingel, Iwaniszyn, Pflugh, Bundschuh. Mr. Rossi and Mr. Artigliere recused themselves and left the meeting at this time. The applicant was represented by Attorney L. Tubman, Engineer E.Back, Lighting R. Newell, Traffic Engineer, D. Polyniak

Mr. Back addressed exhibit A-13 colored rendering titled overall site plan, Mr. Back stated the rendering is reflective of the update of the revised documents and overall improvements presented to the board. Mr. Back addressed the changes to the landscape plan including the additional buffering and the professional’s comments. Mr. Back reviewed the loading dock area for truck deliveries. Mr. Back reviewed the drainage requirements for the detention basins and provided data on wet evaporation for the wet ponds and alternative means  for feeding the water to the site. Mr. Back reviewed the status with Applied Wastewater Management regarding the current permit and the minor technical amendment to it. Mr. Back stated he has addressed the majority of the comments from the board professionals.

PUBLIC COMMENT:
Mr. John Lombard of 21 East Asbury Anderson Road.
Mr. Lombard stated his concerns for water usage.
Mr. Back explained the water is being used is generated from the site to re-use at the site not from the aquifer. Mr. Back explained the number one alternative is to use treated wastewater from the sewerage treatment plant. Mr. Back explained it is a recommendation from DEP to provide alternative means because we don’t meet the twenty acre requirement for wet ponds, it is only a recommendation. Mr. Back stated he is addressing the issue the DEP requires us to address for the drainage area, you need to provide an alternative means for providing a way of making up that water, Mr. Back explained.

Lighting:
Mr. Back presented exhibit A-14 showing normal hours of lighting and the locations of the light poles under the normal hours of lighting for the project. Planner S. Doyle requested times being considered for normal lighting, Mr. Back replied from dusk to midnight.
 
Mr. Back presented exhibit A-15 showing nighttime  hours from midnight to dawn.
Mr. Back explained to Ms. Doyle the sheets being addressed for the lighting exhibits.
Mr. Back presented exhibit A-16 showing lighting intensity point to point for each area.
Mr. Back explained how a point to point analysis was done for Ms. Doyle.
Mr. Back stated he would attach exhibit A-16 to the set of site plans for reference.
Mr. Back explained and provided  board members with copies of  exhibit A-17 calculations summary chart.

PUBLIC COMMENT: No public comment was offered at this time.

Lighting continued:
Ms. Tubman introduced Mr. R. Newell who was previously sworn. Mr. Newell brought the board upto date on the lighting for the site. Mr. Newell reviewed changes including lighting relocation  in the parking lot near the property line. Mr. Newell reviewed lighting re-configuration to prevent spillage and decorative fixture styles for the various areas on the site.
Mr. Newell addressed sheet four of six of the supplemental lighting plan regarding Mayor Horensky’s concerns with parking lot safety.
Mr. Newell explained in detail why the overall standard could not be met and the IES standards used nationally. Mr. Newell stated five foot candles maintained is standard for all of the Village Shop Rites for parking lot safety and security, all recent projects have been done with five foot candles or more. Engineer K. Smith stated many retailers prefer an even higher level of lighting one as minimum point five as an average.

Chairwoman K. Pflugh requested an example of foot candles be given.  Mr. Newell explained he was holding a Minolta light meter which measures extremely low and high levels of light.
Mr. Newell explained under the light fixture he had twenty foot candles, on the floor he had eight foot candles, on the table thirteen foot candles so in reality five foot candles is not all that bright. Ms. Pflugh asked if there was an example in out town of a facility that would show a similar lighting level. Mr. Newell replied he could not testify to that.

PUBLIC COMMENT:
Mr. Frank Cregan of 62 Merlin Drive.
Mr. Cregan referred to exhibit A-14 and a high concentration of lighting on Hawk Pointe boulevard. Mr. Cregan asked if the lighting was at a minimum.
Mr. Newell addressed Mr. Cregan’s concerns.

Mr. John Lombard of 21 East Asbury Anderson Road.
Mr. Lombard expressed his concerns with light pollution and lighting standards.
Mr. Newell explained the arrived lighting numbers are not fudge factors they are calculations.
Mr. Newell explained they are not eliminating low or high values we are moving fixtures farther apart, raising fixtures up, changing light bulb wattage so we can meet the requirements of the ordinance. Mr. Newell explained the process used from the lighting handbook for Mr Lombard.
Mr. Lombard asked what was the statistical error used on the computer model.
Mr. Newell explained the program is called light pro-four it is a commonly used lighting program used across the nation it is one of the standards in the industry.

Mr. Alan Theesfeld of 9 Osprey Court.
Mr. Theesfeld asked does it seem like two point five in the ordinance is much too low.
Mr. Newell explained there is a difference between interior and exterior, two point five indoors is unacceptable outside it is perceived differently. Ms. Doyle asked if we could lower the lighting on the pole. Mr. Newell explained the number of poles would have to be increased.
Lighting continued:

Mr. E. Pavese the Architect for Shop Rite, Mr. Pavese stated he has worked for Shop Rite for twenty seven years. Mr. Pavese stated five foot candle is a minimum and many stores are designed for higher, preferably six or seven foot candle. Attorney S. Gruenberg asked if there had been any Shop Rites approved in the last few years with five or less foot candles, Mr. Pavese replied not to his recollection. Ms. Doyle asked if any readings of the A&P shopping lot have been done and presented to the board the averages.
Traffic:

Mr. Douglas Polyniak, Traffic Engineer of Dolan & Dean. Mr. Polyniak was sworn in by Attorney S. Gruenberg and reviewed his credentials for the board.
Mr. Polyniak addressed access drives on the site accordance to state requirements.
Mr. Polyniak addressed concerns over an electrical cabinet twenty four inches in height restricting site on Club House Drive. Engineer K. Smith asked if the electrical cabinet is in the two hundred and fifty foot line of site and if there are any other structures connected to the cabinet. Mr. Back replied the cabinet is associated with the existing pump station located in that vicinity which was constructed in the past year and other equipment most being under ground Mr. Back explained.

Engineer K. Smith asked if in his opinion the line of site would meet current safety standards Mr. Polyniak replied certainly. Mr. Polyniak addressed parking along Club House Drive which meets the RSIS standard. Mr. Back addressed a waiver requested for the number of parking spaces and bank parking on Club House Drive, Mr. Back further explained parking along Club House Drive limitations and sign age.

PUBLIC COMMENT: 
Mr. John Lombard of 21 East Asbury Anderson Road.
Mr. Lombard asked if there were any impact studies done for Rt31 and the addition of another light.
Ms. Tubman reminded the board they have had traffic study in the past and it is not before the board this evening for questions. Mr. Polyniak replied yes, the traffic study was done by his firm.
Mr. Back addressed exhibit BB-1 letter dated April 7, 2007 from Finelli Consulting Engineers.
Mr. Back addressed item number forty eight on page fourteen in reference to the developer’s agreement required before construction can commence at the site, we would like to start the site work with preliminary approval. Ms. Tubman reviewed item number forty four, item number twenty seven, Ms. Doyle’s report exhibit BB-2 item number four for variance and sign waiver requested. Ms. Tubman requested the building sign age be approved for this application and not deferred. Ms. Tubman stated all free standing sign age would be a separate application, Ms. Tubman stated the building sign age was testified to at the last hearing.

Attorney S. Gruenberg recommended the hearing be continued to the April 25, 2007 meeting without further notice being required.

PUBLIC COMMENT:
Mr. Alan Theesfeld of 9 Osprey Court.
Mr. Theesfeld suggested the lighting standard be applied to this application and other sites in the township. Attorney S. Gruenberg stated if there was an enforcement issue it would have to be brought to the attention of the township committee.

Mr. John Lombard of 21 Asbury Anderson Road.
Attorney S. Gruenberg explained to Mr. Lombard he would have to make public comments for the Shop Rite application at the next public hearing on April 25, 2007.

ADJOURNMENT: 11:05 p.m.
With no further business before the board and no public comment offered the meeting was adjourned.

Respectfully Submitted,

Margaret Housman, Secretary
Washington Township LUB