WASHINGTON TOWNSHIP LAND USE BOARD
                                                                 PUBLIC MEETING MINUTES
                                                             DECEMBER 12, 2007, 7:30 p.m.

CALL TO ORDER and PUBLIC NOTICE

Vice Chairman Robert Klingel called the meeting to order at 7:45 p.m.  Mr. Klingel said this is a regular meeting of the Land Use Board of the Township of Washington. Adequate notice of this meeting has been given in accordance with the Open Public Meetings Act in that a Notice was published in 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.

OATH

Steve Gruenberg administered the oath of office to Christopher Cavazzini.

ROLL CALL

Present: Mayor Horensky, Samir Elbassiouny, Len Artigliere, Bob Klingel, Mark Rossi, Kerry Pflugh (late), Jim Vergos, Efrem Zaret, Chris Cavazzini

Absent:  Evan Howell

Professionals: Steven Gruenberg, Esq.; William Gleba, P.E.; Scarlett Doyle, P.P.

APPROVAL OF MINUTES

Minutes of meeting of 11/28/07 were approved as amended.

RESOLUTIONS

1.MAX SPANN, Application # 2007-16, Block 82, Lot 17

Resolution regarding an application by Max Spann for an Appeal of Zoning Officer Denial of Zoning Permit and Interpretation of Zoning Ordinance

Motion to approve was made by  Leonard Artigliere and seconded by James Vergos

Members in favor:  Mark Rossi, James Vergos, Samir Elbassiouny, John Horensky, Robert Klingel, Kerry Kirk Pflugh, Efrem Zaret and Leonard Artigliere

2.Benchmark Enterprises, LLC – Application # 2006-13, Block 82, Lot 17

Resolution of denial without prejudice for a Sign Variance for Block 22, Lot 3.16 located at 359 Route 57 West.  This application was denied for lack of prosecution on October 10, 2007.

Motion to approve was made by Leonard Artigliere and seconded by Efrem Zaret

Members in favor:  Leonard Artigliere, Efrem Zaret, James Vergos, Kerry Kirk Pflugh, Samir Elbassiouny

3.Master Plan Re-Examination Report 

Adoption of Re-examination Report, Washington Township, Warren County, New Jersey. Public hearing was held on November 14, 2007.

Motion to adopt was made by Leonard Atigliere, and seconded by Efrem Zaret.

Discussion was undertaken regarding home occupations.  Mayor Horensky noted he would like the Board to consider this sooner than later.

Members in favor:  Leonard Artigliere, Robert Klingel, Mark Rossi, Kerry Kirk Pflugh, James Vergos, Efrem Zaret, Christopher Cavazzini

Members abstaining:  Mayor Horensky, Councilman Elbassiouny

COMPLETENESS ITEMS

1.Skyline Equipment, LLC – Application# 2007-18, Block 66, Lot 20.07, 339 Rt. 31 South
 
Completeness determination for a conditional use and preliminary major site plan for Block 66, Lot 20.07, located at 339 Rt. 31 South.

Steve Gruenberg recused himself. Walter N. Wilson, Esq. stepped in to represent the Board in this matter.

Robert Scholl, Esq. introduced himself on behalf of the applicant.

Mr. Scholl explained applicant proposed to add to the site a 2400 sq. ft. Morton building.   Applicant distributed brochures describing the business.

According to Mr. Scholl applicant proposes to bring a conforming application, eliminating bulk and use variances. Mr. Scholl cited permitted uses from the zoning ordinance. Mr. Scholl noted he believed the applicant met the special requirements for contractors’ equipment.

Mr. Scholl explained that applicant, Robert Spencer, maintains a NJ license to operate his business. Mr. Scholl defined machinery.

Mr. Gleba noted there are 3 concerns: 
a.classification, i.e., conditional use variance;
b.bulk variance, which applicant contends will be removed;
c.storage of unregistered vehicles, which is not permitted. 

Further, a preliminary major site plan will be required.

Ms. Doyle cited 5 conditions of the use. She noted applicant must meet all conditions, and five affirmative votes are required. 

Ms. Doyle noted there is one questionable issue. No equipment may be parked in front except for machinery for sale by an authorized dealer.  The question is whether this is machinery for sale. Ms. Doyle pointed out the machinery definition must be analyzed. Is it equipment or machinery?

According to Mr. Scholl, Mr. Spencer, the applicant, will testify as to the definition of machinery.   He has met NJ licensing requirements.

Question was raised as to “storage” or “display.”

Equipment and machinery are similar under the ordinance according to Mr. Wilson.   He suggested the ordinance appears to use equipment and machinery interchangeably.

Mr. Scholl reiterated this is a conditional use requiring major site plan approval.

Mr. Spencer was asked to clarify.  Asked about parking spaces, Mr. Spencer confirmed there are 77 parking spaces on the site.  Mr. Spencer said he sells new trailers, and eventually he would want to have service space.

There was discussion as to the front yard setback. Additionally, right of way issues were raised.

Mr. Wilson confirmed classification of the application is required.  Mr. Klingel invited comment from the Board. Mr. Zaret noted he did not believe the trailers could be classified as machinery.  Mr. Scholl contended the ordinance does not provide a definition.

Question was raised as to the hydraulic trailer vs. the Haulmark trailer.  The Board opined that the hydraulic trailer fit the definition, and the Haulmark trailer did not.  Mr. Spencer explained that the vehicles are not registered until they are sold.

Motion to classify the application as a conditional use was made by James Vergos, and seconded by Christopher Cavazzini.
Members in favor:  Mr. Vergos
Members opposed: Mayor Horensky, Mr. Elbassiouny, Mr. Artigliere, Mr. Klingel, Mr. Rossi, Mr. Cavazzini, Mr. Zaret.

Motion to classify the application as a use variance was made by Samir Elbassiouny and seconded by Mark Rossi.
Members in favor:  Mayor Horensky, Mr. Elbassiouny, Mr. Klingel, Mr. Rossi, Mr. Zaret, Mr. Cavazzini.
Members opposed: Mr. Artigliere, Mr. Vergos.

Checklist E will be required for the Use variance application.

Ms. Doyle said this is a unique variance.  Mr. Wilson suggested that this be addressed with the proofs to be submitted.

Mr. Scholl reiterated applicant would comply with the items of the Gleba review letter.

Waivers for completeness only were recommended by Gleba.

Calculation of escrow fees was discussed.  Applicant has requested reduction to $7,160 covering the area to be disturbed.

Motion to reduce escrow and grant completeness was made by Samir Elbassiouny and seconded by Mark Rossi.
Members in favor:  Mayor Horensky, Mr. Elbassiouny, Mr. Artigliere, Mr. Klingel, Mr. Rossi, Mr. Vergos, Mr. Zaret, Mr. Cavazzini.

This matter was scheduled for public hearing at the regular meeting of 1/9/08.

2.Blue Mountain, LLC –# 2007-20, Block 24.01, Lot 4

Completeness determination for a minor subdivision for Block 24.01, Lot 4,   located at Dale and Kinnaman Avenue.

Motion to deem application incomplete was made by Leonard Artigliere and seconded by Efrem Zaret.

Members in favor:  Mayor Horensky, Committeeman Elbassiouny, Leonard Artigliere, Robert Klingel, Mark Rossi, James Vergos, Efrem Zaret, Christopher Cavazzini

3.J. DeLuca – # 2007-04, Block 22, Lots 3.17 and 2

Request to clarify requirements for Minor Subdivision/ Lot Line Adjustment for Block 22, Lots 3.17 & 2 located on Route 57.
This application was deemed incomplete at the April 25, 2007 meeting.

Jack Cornish, Esq., introduced himself on behalf of the applicant. Mr. Cornish said this is a lot line adjustment subdivision.  He said the land is located within a flood plain. As to the use, it could be used as a volleyball court.  Mr. Cornish confirmed the land cannot be built. He asked whether the process could be minimized.

Mr. Gleba explained the history of the property, noting that the property had formerly belonged to DeLuca. With the addition of the property, the property remains non-conforming.  Minor subdivision checklist should be submitted per Mr. Gleba.

Professionals concurred a C bulk variance submission must be made. Mr. Gruenberg explained technically a variance is required because the lot remains non-conforming.

Ms. Doyle noted she would not need to review this submission.

Motion to declare application complete requiring variance relief and granting waivers for completeness only according to Mr. Gleba’s letter was made by Leonard Artigliere and seconded by Mark Rossi.  

Checklist E will be required.

Members in favor:  Mayor Horensky, Committeeman Elbassiouny, Mr. Artigliere, Mr. Klingel, Mr. Rossi, Mr. Vergos, Mr. Zaret, Mr. Cavazzini.

4.Regency at Hawk Pointe - WTPB# 2007-09, Block 65 & 65.02, Lots 2, 4 & 1

Chairman arrived at 9 p.m.

A. Land Use Board reviews revised Wastewater Management Plan submitted by Regency at Hawk Pointe.

According to Ms. Doyle Wastewater Management Plan has not been altered in
volumes or geographically. The only changes are different uses.

The Board Secretary will advise the Committee that the wastewater management plan is endorsed by the Board.   Resolution is also appropriate.

Mayor asked that this be done immediately.

Motion to endorse 07-101 with letter was made by James Vergos and seconded by Leonard Artigliere.

Members in favor:  Mayor Horensky, Committeeman Elbassiouny, Mr. Artigliere, Mr. Klingel, Mr. Rossi, Mr. Vergos, Mr. Cavazzini

Members opposed: None

Members abstaining:  Ms. Pflugh, Mr. Zaret

B. Completeness determination for Final Major Subdivision and Site Plan application and possible public hearing for Block 65 & 65.02, Lots 2, 4 & 1 located at 294 Rt. 31 South.

These applications were previously removed from the May 9 and May 30, 2007 meeting agendas as requested by applicant’s attorney to address conditions of approval.

Mr. Rossi, Mr. Artigliere, and Mr. Zaret recused.

Lloyd Tubman, Esq., introduced herself on behalf of the applicant.

Applicant has brought checks to replenish escrow fees this evening.

Ron Kennedy, P.E., was called. He referenced Mr. Gleba’s letter of 12/12. He addressed the comments starting at page 5.

Waiver for plan size is requested.

Waiver for checklist items 1A & 1B, 8, 9, 12 are requested for completeness only.  Mr. Gleba recommended granting.

Mr. Gleba requested status of HOA docs.  Ms. Tubman said the documents have been prepared. She noted they cannot be filed with DCA until final approval is granted.

Motion to grant waivers for completeness was made by James Vergos and seconded by Samir Elbassiouny.

Members in favor:  Mr. Klingel, Ms. Pflugh, Mr. Vergos, Mr. Cavazzini.

The Board agreed this matter could proceed as a public hearing.
Applicant’s witnesses include Ronald Kennedy, P.E.,  Richard Cotton, Developer, and Peter Alles, Toll Brothers.  Witnesses were sworn.

Mr. Kennedy was called, and the Board accepted his credentials.  Mr. Kennedy referenced the technical items in Mr. Gleba’s letter.

Mr. Gleba referred the Board and applicant to item #20.
According to Mr. Kennedy, DOT approval dated 10/11/07 is in hand.
 
The NJ Department of Environmental Protection treatment works approval has been deferred subject to approval of the Wastewater Management plan revision. Mr. Kennedy confirmed this will be a condition of final approval.

Stream encroachment has been approved.

Warren County Planning Board approval was granted 8/7/07. 

Soil Conservation approval is in place.

Approval of Washington Township Volunteer Fire Co. is pending. New plans must be submitted to the Fire Department.  Mr. Kennedy agreed to submit plans.

Mr. Kennedy referenced item #13 noting this is a timing issue. He noted the map must be filed first.  Per Mr. Gleba, this should be made a condition of approval.

As provided by Item #18, there will be a developer’s agreement.  COAH obligation will be satisfied with units as opposed to payment in lieu thereof. According to Ms. Doyle the COAH numbers will be changing dramatically.  Ms. Tubman explained ten COAH units will be provided for 75 market rate units.   The State has not assigned numbers as yet.
Ms. Tubman noted item #18 may be a redundancy.

Five minute break was called at 9:30 p.m.  The meeting reconvened at 9:40 p.m.

Ms. Tubman proposed as a provision in the developer’s agreement, applicant will agree to pay for 1.5 units if they are short when the new COAH requirements issue. If they are overbuilt with 10 units, applicant will not remove units; however, applicant would like to return to the Board for approval for 2 additional market units.

Additional break was called at 9:42 p.m. Meeting reconvened at 9:48 p.m.

Application originally involved a use variance.  Therefore, jurisdiction is with the Board of Adjustment.  Therefore, the Mayor and Deputy Mayor must step down.

Mr. Gleba confirmed his recommendations outlined in his letter of 12/12.   Mr. Gleba noted these matters are ongoing and of a technical nature. Recommendation for completeness is made. Information will be submitted as outline in the Gleba letter.

Motion for completeness was made by Robert Klingel and seconded by James Vergos.

Members in favor:  Mr. Klingel, Ms. Pflugh, Mr. Vergos, Mr. Cavazzini.

The witnesses were re-sworn.

Mr. Kennedy’s credentials were accepted. Mr. Kennedy testified applicant would comply with technical comments.  HOA documents cannot be filed prior to filing final map.  Covenants, easements and restrictions will be delivered to the Clerk prior to municipal sign-off on the map. HOA documents will be a condition of final approval

COAH obligations are unknown.  Item #18 should be reviewed because it is redundant.  Mr. Alles was called as to the COAH obligation. Mr. Alles explained his role.  Mr. Alles proposed as a condition in the developer’s agreement, applicant will agree to pay for 1.5 units if they are short in COAH.  If they are overbuilt with 10 units, applicant will not remove units.  Mr. Alles proposed a monetary cap of $35,000 per unit or a total of $52,500 in a COAH designated account.  Ms. Doyle confirmed that applicant has made a credible proposal.

Ms. Doyle’s letter of Sept. 24, 2007, marked B-2,  should be considered with conditions of approval. Mr. Gleba’s letter of 12/12/07 was marked B-1 and attached to resolution.  Mr. Gleba confirmed that the items are appropriately conditions of approval.  Ms. Tubman confirmed that applicant would cooperate with a staging plan for COAH units.

Ms. Doyle asked when applicant would submit $52,500. Mr. Alles said they pay the fee at the time of permits.  This will be a condition in the developer’s agreement.

The public was invited to question witnesses.  There being none, comment was invited.  Since there was no comment, James Vergos moved and Robert Klingel seconded  a motion to close the public hearing. This was approved on voice vote.

Motion to grant final site plan and subdivision approval conditioned upon B-1 and B-2, except item #13 proof of execution rather than recording, and item #18 will be amended to reflect that applicant will provide 10 units + $52,500 paid at the time of issuance of each building permit at the ratio of 75 units was made by Robert Klingel and seconded by James Vergos.

Members in favor:  Mr. Klingel, Ms. Pflugh, Mr. Vergos and Mr. Cavazzini.
Members opposed: None

5.ADPP Enterprises, Inc., - WTPB# 2007-17

Completeness determination for a Variance application for Block 30 Lot 6 located at 255 Route 31 North. This application was deemed incomplete at the November 14, 2007 meeting.

Mr. Gleba recused.

Ms. Doyle recommended the application be deemed complete

Motion to deem the application complete was made by Chris Cavazzini and seconded by Robert Klingel.
Members in favor:  Mr. Artigliere, Mr. Klingel, Mr. Rossi, Ms. Pflugh, Mr. Vergos, Mr. Zaret, Mr. Cavazzini.

This matter is scheduled for public hearing on 1/9/08.

DISCUSSION and PUBLIC HEARING ITEMS

1.B. Apgar - #2006-04, Block 17, Lot 6.01/6.01Q, Meadow Breeze Lane

Continuation of a public hearing for a Minor Subdivision with Variance relief for Block 17, Lot 6.01/ 6.01Q located on Meadow Breeze Lane.

Public notice made and jurisdiction establishes, John Abromitis, Esq., introduced himself on behalf of the applicant.

He addressed comments to Mr. Gleba’s letter. Mr. Abromitis referenced page 5, paragraph 3, 40’ diameter turn-around. Mr. Abromitis requested applicant  be permitted to maintain the K turn as provided in the plan and settlement agreement of 2005.  Mr. Symonds noted other projects where there were K turns.  Mr. Gleba observed that this is an ordinance requirement.  Mr. Gleba said this is not a problem provided it meets the Fire Chief’s approval.

Paragraph 5 in settlement agreement addresses rock conditions. Mr. Symonds testified there were 17 test pits and soil borings, and no rock was found.  Mr. Gleba has no access to testing results. Therefore, he has made certain proposals.  Mr. Gleba contended he is not a geotechnical expert.  Mr. Gruenberg indicated there is no provision for a maintenance guarantee.

Paragraph 6, Item #13 relates to plantings.  Mature trees currently exist. Mr. Apgar testified there is existing privacy.   Applicant requests relief from obligation of plantings and conservation easement. Mr. Apgar confirmed there is buffering between the properties. The Board requested photos of the trees. Mr. Symonds proposed the applicant plant 12 pine trees on the property.  Ms. Doyle clarified the planting for the sake of buffering.

Paragraph 10, Item #19 references sinkhole remediation and impervious coverage.  Mr. Symonds testified lots should not be singled out in the neighborhood.  Mr. Gleba noted on-lot storm water management should be provided. Mr. Gleba discussed the extent of regulation to be imposed by the Board. Mr. Gleba confirmed there is no requirement for impervious coverage in the Valley Residential Zone.  The Board should consider a limitation according to Mr. Gleba. Mr. Gleba recommended  25% of the lot coverage.

Wetlands were addressed in Item #21. Mr. Apgar suggested language consistent with DEP regulations.  Mr. Symonds noted wetlands are not disturbed.  Reference is made to the transition area. Conservation easement is proposed.  There is 150’ buffer. Conservation easement is not continued along the entire buffer.  Applicant will need to obtain LOI. Mr. Gleba suggested that will confirm what applicant can do in the transition area.  Mr. Gleba noted farming is a reasonable use in the transition area.

The public was invited to question applicant’s engineer on his testimony.

Resident George Slack lives adjacent to the property.  He asked about the drainage. Mr. Symonds said seepage pits for the homes and bio retention basins for driveways and lawns are proposed.  Mr. Symonds testified technically applicant is reducing the flows from the site. Mr. Symonds confirmed there would be no drainage impact on the Slack property.

Mr. Gruenberg reminded the Board this application is the result of a consent order.

Public comment was invited.

George Slack was sworn.  Mr. Slack brought a photograph, marked Slack 1.

Mr. Slack described the photo, which shows water accumulating in the Apgar meadow after a rain storm.  Mr. Slack described the location of his property and the proposed subdivision.

This matter was adjourned and re-scheduled for 12/19/07.

2.McCullough Road, LLC – # 2006-01, Block 47, Lot 9 

Public hearing for a Preliminary Major Subdivision (Amended) application for Block 47, Lot 9 located on McCullough Road.

Amendment is made to comply with DEP regulations.  Mr. Lowcher contended the applicant would agree with Gleba’s recommendations.

Because of the lateness of the hour, this matter was re-scheduled for 12/19.

OLD BUSINESS

NEW BUSINESS

Ordinance Review, #07-22:  Ordinance amending and supplementing Chapter 123, Section 123-32G.(2)(m), to permit service stations to operate twenty-four (24) hours per day in the HC Zone.

The Mayor noted there are currently no 24-hour per day gas stations. Public works, fire and police vehicles are in use 24 hours per day. Having gas stations compete could save the Township money.

Concern was expressed as to noise and lighting in residential areas.

It was noted that zoning enforcement has not been very effective, and there is concern for creating a nuisance.

Motion to endorse the ordinance was made by James Vergos and seconded by Mark Rossi.

Members in favor:  Mr. Klingel, Mr. Cavazzini, Mr. Vergos
Member opposed:  Mr. Rossi, Ms. Pflugh, Mr. Zaret
Abstention:  Mr. Artigliere

Frank Cregan was sworn.  He expressed concern about the intrusive nature of lighting.  Further, he was bothered by the lack of zoning enforcement.  He referenced the Sunoco station specifically.  In addition, he pointed out signage is not conforming.

Motion to endorse with reservations as to lighting was made by Leonard Artigliere and seconded by James Vergos.

Discussion ensued as to the nature of the reservations.
Additional concerns were raised. It was disclosed that residents had also expressed concerns.

Board secretary was directed to communicate the Board’s endorsement to the Committee together with the reservations and expressions of concern.

Members in favor:  Mr. Artigliere, Mr. Klingel, Mr. Cavazzini, Mr. Vergos
Members opposed: Mr. Rossi, Ms. Pflugh, Mr. Zaret

Motion for executive session was made by Leonard Artigliere and seconded by Mark Rossi.  Board members concurred on voice vote.

EXECUTIVE SESSION

The Board went in to executive session at 12 midnight.

Motion was made and seconded with all members in concurrence to return to open session at 12:15 a.m.

ADJOURNMENT

Motion for adjournment was made and seconded with all members in concurrence.  Meeting was adjourned at 12:15 a.m.
 
These minutes were approved 12/19/07.

Alice Oldford
Secretary to the Board