TOWNSHIP OF WASHINGTON
                                                                     WARREN COUNTY
                                                                     LAND USE BOARD

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

                                                                             MINUTES
                                                                     AUGUST 9, 2006

Chairwoman D. Pietrangelo 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 on December 23, 2005.

ROLL CALL:
Members Present: Mayor Dempski, Mr. Strunk, Mr. Sodtalbers, Mr. Klingel, Ms. Pflugh, Ms. Pietrangelo, Mr. Zaret, Ms. Belz
Members Absent: Mr. Howell, Mr. Rossi, Mr. Iwaniszyn,
Also Present: Attorney S. Gruenberg, Engineer W. Gleba

MINUTES: Minutes from the June 14, 2006 meeting.
A motion to approve the minutes from June 14, 2006 as written was made by Mr. Strunk, seconded by Mayor Dempski, Vote: Strunk, Dempski, Pietrangelo, Pflugh, Belz - Ayes, 0 - Nay, 0 - Abstain, motion carried.

CORRESPONDENCE: A correspondence list was provided to the board members.
1. Applicant Anne McClement made a request for Planner S. Doyle to review the lighting plan, for her project Bay Storage, the Board agreed to the request.

2. A response was requested for applicant Jerry O’Brien’s letter regarding the September 13, 2006 agenda, the Board suggested Mr. O’Brien be first on an October agenda.

3. Engineer W. Gleba requested input from the Board for a Geotechnical consultant to review the Hawk Pointe project, Mr. Gleba will email his recommendations for a  consultant to the board members.

DISCUSSION ITEMS & PUBLIC HEARING:
1. Dale Coleman - WTPB#2005 - 25 - Continuation of a public hearing for a conditional use with bulk variance relief for Block 46 Lot 2 located at 138 Railroad Avenue.
Eligible to Vote: Sodtalbers, Klingel, Rossi, Iwaniszyn, Pietrangelo, Belz, Zaret
Attorney S. Gruenberg announced  this application would be rescheduled to September 13, 2006 meeting without further notice being required

1
 
2. Burger King/Harvey Management Corp. - WTPB#2005-36 - Continuation of a public hearing for a site plan application for Block 64 Lot 15 located at 309 Route 31 south. Eligible to Vote: Dempski, Sodtalbers, Klingel, Zaret, Belz, Pietrangelo.

The applicant was represented by Attorney L. Tubman, Mr. R. Schommer Engineer and Robert Kelley of Harvey Management. Attorney S. Gruenberg stated the applicant  and witnesses were previously sworn from the prior public hearing. Mr. Schommer addressed exhibit A-1 Revised site plan dated 7/26/06, A-2 Lighting exhibit dated 8/9/06. Mr. Schommer, stated two flowering ornamental trees were added to the plans and recessed lighting was added to the lighting plan. Mr. Schommer reviewed the proposed lighting change and levels throughout the site. Mr. Schommer stated the lighting levels now meet the ordinance requirements at the property line. Ms. Tubman stated there was no further testimony. Engineer W. Gleba suggested as a condition of approval the Township Engineer should perform a night light test.

PUBLIC QUESTIONS: Mr. Frank Cregan of 62 Merlin Dr.
Mr. Cregan requested Burger King not to raise the tilt on their lights.
Mr.  Cregan stated he was very concerned when you exit Country Club Drive and look to the left there will be glare.

The applicant agreed to post an escrow for Mr. Miller, Township Engineer to perform a night light test.

PUBLIC COMMENT:
Attorney S. Gruenberg swore in Mr. Frank Cregan of 62 Merlin Dr.
Mr. Cregan stated the drive in window  illumination reflects off of the small grey building, I am asking if there is any way the applicant could subdue the lighting or conceal the grey building with ivy.

Applicant Mr. Robert Kelley stated the small grey building is a dumpster enclosure which has been painted a neutral grey as neutral as you can get.

A motion to close the public hearing was made by Mr. Klingel, seconded by Ms. Pflugh, all ayes motion carried.

Mr. Strunk asked if there was specific information for Mr. Miller for the light test, Mr. Gleba said there is a note on the plan. A motion to approve the application with the conditions was made by Mr. Klingel, seconded by Mr. Sodtalbers, Vote: Klingel, Sodtalbers, Pietrangelo, Zaret, Belz, Dempski - Ayes, 0 - Nay, 0 - Strunk - Abstain, motion carried.

Ms. Tubman requested the resolution reflect a test be done with the last bulb changed, the board agreed.

3. William Deustchlander - Conceptual plan for a proposed Major Subdivision application for Block 24 Lot 2 & 4. The applicant was represented by Attorney A. Lowcher. Mr. Lowcher reviewed the proposed four lot major subdivision.

Mr. Lowcher stated this is not part of the prior minor subdivision earlier this year, these lands are located immediately  behind the proposed lots.

Mr. Lowcher stated the application will propose the subdivision of lot 2 and 2.02 and lot 4 and 4.01.  Mr. Lowcher stated the applicant proposes to improve Dale Avenue which is presently an un-improved township road and would include a cul-de-sac on proposed lot 4. Mr. Lowcher stated the improvement to the road would better enable emergency vehicles including fire trucks to use the road and would bring the road up to standard.
 
Mr. Lowcher stated the applicant would adhere to some of the items in the prior resolution specifically the square footage of the homes because the area does have smaller homes.

Mr. Lowcher asked the board to consider using the prior carbonate rock study or be relieved from a new carbonate rock study and put the money into upgrading the road.

Attorney S. Gruenberg stated if the application is considered a major subdivision a carbonate rock study would be required, Mr. Lowcher stated he would then request a waiver. Engineer W. Gleba stated if the road is being extended to a cul-de-sac then it would be classified as a major subdivision. Mr. Lowcher stated the road is already a township road it just has to be accepted. Engineer W. Gleba stated just by the creation of a cul-de-sac you are doing an extension. Attorney S. Gruenberg stated he agreed with Mr. Gleba that the improvements to the road which expands into a cul-de-sac would classify it as a major subdivision. Mr. Deustchlander asked being a township road shouldn’t there be a cul-de-sac, how are the fire trucks supposed to turn around. Mr. Gruenberg stated the road is an un-improved roadway and you are creating a roadway.

Mr. Sodtalbers asked how would you access lot 4, Mr. Deustchlander stated lot 4 would be accessed through Kinnaman Avenue. The board briefly discussed the possibility of sink holes and what would happen if they are found. Mr. Lowcher stated the applicant will have to review the application with his engineer before filing an application.

4. Lighting ordinance - With no change recommendations from the land use board for the proposed lighting ordinance Mayor Dempski stated the ordinance would be introduced for the first reading at a future township meeting.

RESOLUTIONS:
1. Trade Zone Auto - WTPB#2005-32 - Resolution for denial for a conditional use variance for Block 79 Lot 7.06 located at 488 Route 31 South.
Eligible to Vote: Howell, Sodtalbers, Klingel, Iwaniszyn, Pflugh, Pietrangelo
This resolution will be presented at the August 30, 2006 meeting. The Board members were given a draft copy for review.

PUBLIC COMMENT: No public comment was offered.

ADJOURNMENT: 9:00 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