TOWNSHIP OF WASHINGTON
                                                                                 WARREN COUNTY
                                                                                 LAND USE BOARD
Municipal Offices                                                                                                                        350 Route 57 West
(908) 689-7209                                                                                                                         Washington, NJ 07882
                                                                                           MINUTES
                                                                                     AUGUST 8, 2007

Chairwoman K. Pflugh called the meeting to order at 7:50 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. Elbassiouny, Mr. Artigliere, Mr. Klingel, Ms. Pflugh, Mr. Zaret, Mr. Vergos

Members Absent: Mr. Howell, Mr. Rossi, Mr. Iwaniszyn, Mr. Bundschuh
Also Present: Attorney S. Gruenberg, Engineer W. Gleba, Planner N. Weaver Smith

CORRESPONDENCE: A list was provided to the land use board members.
July 25, 2007 announcements:
Announcement for Kendra: the applicant has requested an adjournment from the July 25, 2007 meeting and rescheduled to the August 8, 2007 meeting without further notice being required. The applicant granted the board an extension through August 8, 2007. Attorney Gruenberg announced the applicant will be rescheduled but will be required to re-notice for the September 12, 2007 meeting. A motion was made by Mr. Vergos, seconded by Mr. Zaret to require the applicant to re-notice Vote: Vergos, Zaret, Artigliere, Klingel, Pflugh - Ayes, 0 - Nay, Horensky, Elbassouny - Abstained, motion carried.

Announcement for Regency:

Attorney Gruenberg announced due to an advertising error this application will be heard on August 29, 2007 and will be required to re-notice.

Announcement for McCullough Road: at the request of the applicant this application was withdrawn from the July 25, 2007 and August 8, 2007 meeting and carried to the August 29, 2007 meeting date. Attorney Gruenberg stated no further notice is required.

Announcement for Apgar: the applicant has requested an adjournment from the July 25, 2007 meeting and rescheduled to the August 29, 2007 meeting without further notice being required. The applicant granted the board an extension through August 29, 2007.

Attorney Gruenberg announced no further notice would be required.
Announcement for Walbridge: the applicant has requested a reschedule to the August 29, 2007 meeting.
 
August 8, 2007 announcements:
Announcement for J. Justo - The application has been rescheduled to the August 29, 2007 meeting due to the full agenda. Attorney Gruenberg announced  no further notice would be required.

Announcement for M. Verdon - The application has been rescheduled to the August 29, 2007 meeting due to the full agenda. Attorney Gruenberg announced no further notice would be required.

MINUTES: Minutes from the June 13th and June 27th and July 11th  meeting.
A motion to approve the June 13, 2007 meeting minutes as written was made by Mr. Klingel, seconded by Mr. Elbassiouny, Vote: Klingel, Elbassiouny, Horensky, Artigliere, Pflugh, Zaret, Vergos - Ayes, 0 - Nay, 0 - Abstain, motion carried.

A motion to approve the June 27, 2007 meeting minutes as written was made by Mr. Klingel, seconded by Mr. Elbassiouny, Vote: Klingel, Elbassiouny, Horensky, Pflugh, Vergos - Ayes, 0 - Nay, 0 - Abstain, motion carried.

A motion to approve the July 11, 2007 meeting minutes as written was made by Mr. Zaret seconded by Mr. Artigliere, Vote: Zaret, Artigliere, Elbassiouny, Klingel, Pflugh, Vergos - Ayes, 0 - Nay, 0 - Abstain, motion carried.

RESOLUTIONS:
1. Bay Storage - WTPB#2005 - 11 - Corrected resolution removing HVAC from the document.
Eligible to Vote: Howell, Klingel, Rossi, Iwaniszyn, Pflugh,

A motion to approve corrected resolution removing HVAC was made by Mr. Vergos, seconded by Mr. Klingel, Vote: Vergos, Klingel, Pflugh - Ayes, 0 - Nay, 0 - Abstain, motion carried.

PUBLIC HEARING & DISCUSSION ITEMS:
1. Discussion for Master Plan re-examination.
Chairwoman K. Pflugh requested the board review the proposed changes to the Masterplan re-examination from Planner S. Doyle and be prepared to discuss them at the August 29, 2007 meeting.

2. R. Spencer - Conceptual plan for Block 66 Lot 20.07 339 Route 31 South.
Attorney S. Gruenberg announced he would have to step down for the presentation because he has previously represented Mr. Spencer. Mr. Spencer was represented by Attorney D. Scholl, Jr.  Attorney D. Scholl stated Mr. Spencer is the contract purchaser of Atlas Paintball, which currently operates a leased facility in the HC zone as a conditional use.

The proposed use for the site will be for contractors equipment, rental trailers, generators, canoes, kayaks, tillers, garden carts, rotary motors, bike racks, cargo boxes and roof racks.
 
Mr. Spencer briefly reviewed his plans for the proposed site. Mr. Spencer stated the small building on site would be used for a sales office, there would be trailer repair and hitch installation. Mr. Spencer stated there would be no chemical storage, no noise, no motors. Mr. Spencer stated he normally stocks approximately eighty units and requires low level security lighting at the site. Mr. Spencer stated there would be no increase in  impervious surfaces and the existing netting would probably be removed. Mr. Spencer stated he would be using existing signage and the parking would be adequate there were currently seventy six parking spaces.

The board thanked him for his presentation. Attorney Gruenberg returned to the board at this time.

3. Unity Bank - WTPB#2007-07 - Continuation of a public hearing for an amended Preliminary Major Site Plan application with Variance relief for Block 78 Lot 9 located at 5 East Asbury Anderson Road. Eligible to Vote: Horensky, Howell, Elbassiouny, Artigliere, Klingel, Zaret. The applicant was represented by Attorney A. Lowcher, Engineer J. Symonds, J. Mazzucco, C.L.A., C. Kennedy of Unity Bank.

Attorney A. Lowcher stated the applicant agreed with board professional correspondence dated June 12, 2007 Engineer W. Gleba, June 13, 2007 Planner S. Doyle.

Engineer W. Gleba asked if the applicant would adhere to all of the review items, Mr. Lowcher replied they would.

Mr. J. Mazzucco presented exhibits A-15 Landscape plan and A-16 Lighting plan.
Mr. Mazzucco presented exhibits A-17 showing security lighting levels and exhibit A-18 showing initial lighting levels.

PUBLIC COMMENT: Mr. J. Lombard of 21 Asbury Anderson Road.
Mr. Lombard expressed concerns with bright lighting in the area and considers it a nuisance and the lighting should comply with the building code. Mr. Mazucco explained.

Attorney J. Jackson asked why the applicant could not comply on the lighting, Mr. Mazucco explained.
Attorney A. Lowcher gave his closing statements addressing the Preliminary Major Site Plan approval including Variances.

Chairman K. Pflugh stated due to the late hour after a short break the board would hear Ms. Sophia’s application next and then resume the application for Unity Bank.

BREAK: 9: 25p.m. - 9:35 p.m.

4. J. Sophia - WTPB#2007-13 - Public hearing for a Variance application for Block 28.01 07 meeting date. Attorney S. Gruenberg announced the advertising has been reviewed and the board has jurisdiction to proceed. Ms. Sophia presented photographs of her property to the board, exhibits A-1, A-2, A-3 and A-4. Ms. Sophia reviewed the variance required for the proposed 14' x 14' second story deck with 14'x12' of it covered and screened,  which would be level with her dining room. Ms. Sophia stated her hardship is due to the property line. Ms. Sophia stated she has no objections from her neighbors.

The public hearing was closed at this time.

A motion to approve was made by Mr. Elbassiouny, seconded by Mr. Vergos,

Vote: Elbassiouny, Vergos, Horensky, Artigliere, Klingel, Pflugh, Zaret - Ayes, 0 - Nay, 0 - Abstain, motion carried.

Continued:
Unity Bank - WTPB#2007-07- Continuation of the public hearing for an amended Preliminary Major Site Plan application with Variance relief for Block 78 Lot 9 located at 5 East Asbury Anderson Road. Eligible to Vote: Horensky, Howell, Elbassiouny, Artigliere, Klingel, Zaret
 
Attorney S. Gruenberg swore in owner of Petro 31, Mr. Wander and his Attorney Mr. Jackson. Mr. Wander expressed his concerns with the effects on his property by the easement and the sign located in the easement.

Mr. Elbassiouny asked Mr. Wanderer how much road frontage from your property line do you have, Mr. Wanderer explained.

Mr. Jackson gave the board a closing statement at this time regarding the easement.
The public hearing was closed at this time.

Attorney S. Gruenberg reviewed the board’s responsibility.

A motion to grant variance relief for lot area was made by Mr. Klingel, seconded by Mr. Zaret. Vote: Klingel, Zaret, Horensky, Elbassiouny, Artigliere - Ayes, 0 - Nay, 0 - Abstain, motion carried.

A motion to grant variance relief for lot area was made by Mr. Klingel, seconded by Mr. Zaret. Vote: Klingel, Zaret, Horensky, Elbassiouny, Artigliere - Ayes, 0 - Nay, 0 - Abstain, motion carried.

A motion to grant variance relief for lot depth was made by Mr. Klingel, seconded by Mr. Zaret. Vote: Klingel, Zaret, Horensky, Elbassiouny, Artigliere - Ayes, 0 - Nay, 0 - Abstain, motion carried.

A motion to grant variance relief for the northern side yard was made by Mr. Artigliere, seconded by Mr. Klingel. Vote: Artigliere, Klingel, Horensky, Elbassiouny, Zaret - Ayes, 0 - Nay, 0 - Abstain, motion carried.

A motion to grant variance relief for the front yard on Rt. 632 was made by Mayor Horensky, seconded by Mr. Artigliere. Vote: Horensky, Artigliere, Elbassiouny, Klingel, Zaret - Ayes, 0 - Nay, 0 - Abstain, motion carried.

A motion to grant variance relief for 49ft. vs 75ft. was made by Mr. Elbassiouny, seconded by Mr. Klingel. Vote: Elbassiouny, Klingel, Horensky, Artigliere, Zaret - Ayes, 0 - Nay, 0 - Abstain, motion carried.

A motion to grant variance relief for landscaping was made by Mr. Artigliere, seconded by Mr. Elbassiouny. Vote: Artigliere, Elbassiouny, Horensky, Klingel,  Zaret - Ayes, 0 - Nay, 0 - Abstain, motion carried.

A motion to grant variance relief for 123-13G6 was made by Mr. Artigliere, seconded by Mr. Zaret. Vote: Artigliere, Zaret, Horensky, Elbassiouny, Klingel - Ayes, 0 - Nay, 0 - Abstain, motion carried.

A motion to grant variance relief for 123-13H1 was made by Mr. Artigliere, seconded by Mr. Klingel. Vote: Artigliere, Klingel, Horensky, Elbassiouny, Zaret - Ayes, 0 - Abstain, motion carried.

A motion to grant variance relief for the loading area was made by Mr. Artigliere, seconded by Mr. Klingel. Vote: Artigliere, Klingel, Horensky, Elbassiouny, Zaret - Ayes, 0 - Nay, 0 - Abstain, motion carried.

A motion to grant variance relief for the fence was made by Mayor Horensky, seconded by Mr. Klingel. Vote: Horensky, Klingel, Elbassiouny, Artigliere, Zaret - Ayes, 0 - Nay, 0 - Abstain, motion carried.

A motion to grant variance relief for parking was made by Mr. Artigliere, seconded by Mr. Elbassiouny. Vote: Artigliere, Elbassiouny, Horensky, Klingel - Ayes, Zaret - Nay, 0 - Abstain, motion carried.
 
A motion to grant variance relief for signage was made by Mr. Klingel, seconded by Mayor Horensky. Vote: Klingel, Horensky, Elbassiouny, Artigliere - Ayes, 0 - Nay, Zaret - Abstain, motion carried.

A motion to deny variance relief for the ATM sign was made by Mr. Artigliere, seconded by Mr. Zaret. Vote: Artigliere, Zaret, Horensky, Elbassiouny, Klingel - Ayes, 0 - Nay, 0 - Abstain, motion carried.

A motion to grant variance relief for lighting was made by Mr. Zaret, seconded by Mr. Klingel.

Vote: Zaret, Klingel, Horensky, Elbassiouny, Artigliere - Ayes, 0 - Nay, 0 - Abstain, motion carried.

A motion to grant Preliminary Site Plan approval with conditions noted in the resolution regarding easement issue was made by Mr. Elbassiouny, seconded by Mr. Klingel.

Vote: Elbassiouny, Klingel, Horensky, Artigliere, Zaret - Ayes, 0 - Abstain, motion carried.

EXECUTIVE SESSION: 11:15 - 11:20 p.m.
A motion to go into executive session to discuss pending litigation and personnel issues was made by Mr. Artigliere, seconded by Mr. Klingel. A motion to return to regular session was made by Mr. Klingel, seconded by Mr. Vergos, all ayes motion carried.

ADJOURNMENT: 11:20 p.m.
With no further business before the board and no further public comment offered the meeting was adjourned.

Respectfully Submitted,

Margaret Housman, Secretary
Washington Township LUB