WASHINGTON TOWNSHIP LAND USE BOARD
                                                                 PUBLIC MEETING MINUTES
                                                               DECEMBER 19, 2007, 7:30 p.m.

CALL TO ORDER and PUBLIC NOTICE

Chairwoman Kerry Kirk Pflugh called the meeting to order at 7:45 p.m.  Ms. Pflugh 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.

ROLL CALL

Present: Mayor Horensky, Bob Klingel, Mark Rossi, Kerry Pflugh, Jim Vergos, Efrem Zaret, Chris Cavazzini

Absent:  Evan Howell, Samir Elbassiouny, Leonard Artigliere

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

APPROVAL OF MINUTES

Minutes of meeting of 12/12/07 were approved on motion of Efrem Zaret, seconded by James Vergos with all members in favor on voice vote.

RESOLUTIONS

VERDON, Application #2007-11, Block 38.01, Lot 7
36 Glen Eagles Road

Approval of side yard setback and distance to the pool.
Members eligible to vote:  Mayor Horensky, Mr. Elbassiouny, Mr. Klingel, Mr. Rossi, Ms. Pflugh, Mr. Vergos, Mr. Zaret.

Members in favor:  Mayor Horensky, Mr. Klingel, Mr. Rossi, Ms. Pflugh, Mr. Vergos, Mr. Zaret

ENDORSEMENT OF TOWNSHIP COMMITTEE RESOLUTION

The Board endorsed Township Committee Resolution No. 97-101 at the meeting of 12/12/07.  The Committee had requested a resolution by the Board:

Endorsement of Township Committee Resolution No. 97-101 endorsing Asbury Farms a/k/a Hawk Pointe Golf Communities’ Application of a Revision to Wastewater Management Plan for the Asbury Farms Development.

Motion approving was made by Robert Klingel and seconded by James Vergos.

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

ADDRESS TO PUBLIC:

Chairwoman Pflugh expressed her gratitude to Board members for their service, attendance and support of the Board during 2007. Ms. Pflugh expressed her appreciation to Evan Howell for his extra efforts on behalf of the Board preparing minutes for the September and October meetings.  In addition, she extended thanks to the professionals for their attendance with special thanks to Bill Gleba for his extra service. 
Finally, Ms. Pflugh wished the members happy holidays!

The Mayor asked about the status of the Unity Bank resolution. The Mayor noted he had requested Mr. Howell to provide minutes and the voting record in this application so that the resolution could be published and distributed. Mr. Howell did provide the voting information during the course of the meeting.

DISCUSSION and PUBLIC HEARING ITEMS

1.J. Justo Realty, LLC - WTPB# 2005-33

This is a continuation of a public hearing for a Preliminary Major Subdivision application for Block 74, Lot 5 at 81 West Asbury Anderson Road.

Applicant has requested an adjournment until January 30. Mr. Gleba noted he had met with applicant’s engineer, and a resubmission is expected.

2.McCullough Road, LLC – WTPB# 2006-01

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

Having paid the requisite escrow fees and jurisdiction having been established, Alan Lowcher, Esq., introduced himself on behalf of the applicant.

Jess Symonds, P.E. and Matthew Mulhall, Professional Geologist were introduced and sworn.

Applicant observed the stream had been reclassified requiring adjustments to the plan. The current plan dated 11/23/07 addressed Mr. Gleba’s review letter of 11/7/07. Mr. Lowcher confirmed applicant would accept the conditions of Mr. Gleba’s letter of 12/1907 with a few exceptions.

Mr. Symonds referenced the most recent plan and described the changes to the plan. He observed there are the same numbers of lots, and the plan is compliant with RSIS.

Mr. Gleba’s letter at page 7 raises a question as to yard requirements for Lot 9.14, which fronts on Changewater Road.  The Board has requested access from Hunter Lane and not Changewater.  According to Ms. Doyle in the case of a corner lot, frontage setbacks must be met on one side.  It was noted that the driveway opening permit process would limit access at the time of construction.  The map notes the filed map prohibits access to Changewater Road.

As to fire protection, Mr. Lowcher explained that applicant has agreed to ordinance requirements.    Mr. Lowcher noted applicant will provide wells, but  will apply to NJ American Water Supply for capacity and an extension of the water line for fire protection.   Mr. Gleba asked for cased sleeves under the road for future water lines, and applicant has agreed.

Mr. Gleba explained the ordinance provisions for water service.  There is a capacity issue with NJ American Water Supply.  Consequently, the applicant is proposing wells, which necessitates a waiver from the ordinance requirements.  This should be a condition of approval. Relief requested would relate to the dwellings.  Well permits are in hand, and the property is not in the Red Line District according to Mr. Symonds.

Conditions of approval on page 8 will be carried forward.  According to Mr. Lowcher, street trees are on the plans.

In item #4, Mr. Gleba’s conditions will carry forward.

Reference was made to an abandoned railroad cut. Applicant suggests it serves as a natural buffer.  Mr. Gleba asked whether the Board would like to see a recreation easement or conservation easement.  Ms. Pflugh suggested having an easement could be helpful to preserve the open space. Ms. Pflugh asked about the Township vision for a recreation plan. Mr. Rossi observed the railroad cut was not suitable as a recreational walking path. The Board concurred a conservation easement was suitable for the property.

As to utilities, providing water has been discussed. Mr. Gleba observed NJ American Water would dictate where the water main would be located.

As to #10, street lighting, Mr. Lowcher observed that the rural nature of the community had been paramount in the design.  Applicant will provide street lights as the Board sees fit. Lighting intersections for safety and street signs are appropriate in Ms. Doyle’s view. The Board agreed one street light was sufficient.

Referencing #11, gas, Mr. Symonds explained applicant could not predict the need for gas, nor could they control where the gas company mandates lines.  Plans should show an area where pipelines could be constructed if needed.

As to #13, environmental, the Board concurred providing an easement is acceptable. Signage designating the conservation easement is proposed by applicant.  Applicant will provide detail.

As to items #12 – 28. applicant will comply.

Easement is in place.  Additional detail will be provided.

As to items #29 – 39, there are no exceptions.

Items are okay to include as conditions of approval.

Ms. Doyle referenced #7 on page 8, the affordable housing obligation.  She asked what triggers compliance -- the preliminary approval or building permit issuance.  Mr. Gruenberg said it has been argued both ways.  He suggested this is a gray area. Condition can be included designating compliance shall be “prior to issuance of a building permit.”

Mr. Lowcher noted applicant was looking for certainty as opposed to an open ended compliance.  Ms. Doyle pointed out the rules are out in draft form. The ordinance currently in effect would obligate the applicant to one unit to be constructed.

Ms. Pflugh opened the hearing to public questions of Mr. Symonds.  No questions were raised.

Mr. Mulhall was called.  Mr. Mulhall testified that he had prepared a Phase 2 work plan that was approved as part of amended preliminary approval.  Mr. Mulhall described the process and findings.

Detailed construction requirements were provided in October 2006 report.

Applicant agrees to sinkhole remediation funding.

There were no questions or comments from members of the public.

Waiver requests were outlined by Mr. Gruenberg, i.e., providing public water and
signage

Ms. Doyle’s report of October 2007 was marked B-2

Motion to close the public hearing was made by James Vergos and seconded by Robert Klingel and approved on voice vote

Motion to provide individual wells was made by Robert Klingel and seconded by Mark Rossi.

Members in favor:  Mayor Horensky, Mr. Klingel, Mr. Rossi, Mr. Cavazzini, Ms. Pflugh, Mr. Vergos.
Members opposed: none
Abstentions: Mr. Zaret

Motion to provide signage to delineate conservation easement was made by James Vergos and seconded by Chris Cavazzini.

Members in favor:  Mayor Horensky, Mr. Klingel, Mr. Rossi, Mr. Cavazzini, Ms. Pflugh, Mr Vergos, Mr. Zaret.

Motion to approve:
Amended preliminary site plan with conditions from exhibits B1 and B2. Also included are provisions for conservation easement and streetlights and COAH provision + waivers
Motion as referenced above was made by Chris Cavazzini and seconded by Mark Rossi.

Members in favor:  Mayor Horensky, Mr. Klingel, Mr. Rossi, Mr. Cavazzini, Ms. Pflugh, Mr. Vergos.
Members opposed: none
Abstentions: Mr. Zaret

Board announced a five-minutes break

Board re-convened at 9:10 p.m.

3.J. Hackett – # 2004-26, Block 43, Lot 23, 8 Morris Canal Trail

This is a public hearing for a Use Variance application for Block 43, Lot 23 located at 8 Morris Canal Trail.

Applicant has requested an adjournment until January 9 without need for further notice.

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

This is a 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.

John Abromitis, Esq., introduced himself on behalf of the applicant. He said three issues remain:

First, barrier tree plantings. Applicant provided photographs, which were marked A-1.

Mr. Apgar described the photographs as showing the trees that are in place as a buffer currently.  Mr. Apgar observed there may be a few gaps in the barrier, and it was suggested that only 2 or 3 trees should be required.  Ms. Doyle explained the need for a double row of trees, 10 feet on center staggered, 1 or 2 in the other space, and smaller shrubs as needed. Mr. Apgar acquiesced to a condition.   Mr. Apgar suggested carrying through with the design as in the Park.

Mr. Gleba asked whether anything should be added to Meadow Breeze Park by this applicant.  Board agreed this was not necessary.

Ms. Doyle noted she needs more detail. She would like to see the trees depicted on the map. Applicant provided an additional photo marked A-2.

As to the sinkhole escrow, geological investigations have been undertaken, and it has been documented that rock does not exist. Applicant would offer $1,000/lot as a maintenance guarantee prior to issuance of CO. Mr. Gleba requested $5,000/lot for 2 years from CO and explained to the Board his reasoning. He noted remediation is costly.

Mr. Symonds reiterated that there was extensive testing with no evidence of rock.

Mr. Gruenberg indicated the geological issues had been dealt with through the settlement.  The Mayor related issues that had come before the Committee and noted the Township has not incurred costs to fill sinkholes on private property.

The Board suggested a middle ground be adopted, i.e., $3,000.  Mr. Abromitis suggested that should the issue arise, it should be between the homeowners and the developer.  Additional suggestion was made for $2,500 per lot.   Applicant agreed to pay $2,500 per lot.

As to impervious coverage restriction, Mr. Symonds explained the impervious coverage on each lot.  Applicant proposes a maximum impervious coverage on each lot of 15% impervious coverage. Mr. Gleba asked whether the bio retention basin could accommodate 15% impervious coverage. Mr. Symonds testified drywells could be increased rather than sending all the water to the bio retention basin.

Mr. Symonds indicated a reserve area could be added to the plan. Mr. Gleba agreed this would be acceptable.

No questions or comments from the public were offered.

The Board must consider confirmation of settlement for 2 lot subdivision with one lot remainder. In addition, Mr. Gleba’s report B-1 is incorporated with the exceptions referenced above.

Motion to close the public hearing was made by James Vergos and seconded by Mark Rossi and approved on voice vote.

Motion to confirm the settlement and permit minor subdivision approval was made by Mark Rossi and seconded by Robert Klingel.

Members in favor:  Mayor Horensky, Mr. Klingel, Mr. Rossi, Ms. Pflugh.
Members opposed: None
Abstentions: Mr. Cavazzini, Mr. Vergos, Mr. Zaret.

OLD BUSINESS

The Board was reminded to arrange to take the DCA Mandatory training.

There was discussion as to funds remaining in the 2007 budget. Board secretary would like to order filing cabinets, and it was suggested that the Board acquire an easel and answering machine.

The Board confirmed that the Budget for 2008 has not yet been submitted.

NEW BUSINESS

Reorganization meeting is scheduled for Jan. 2, 2008, 7 p.m. This meeting is strictly for the purpose of reorganization and should be short.

PUBLIC COMMENT

EXECUTIVE SESSION

Motion to go to executive session was made by Efrem Zaret and seconded by Chris Cavazzini and approved on voice vote.

The Board went into Executive session at 10:15 p.m.

Motion to return to open session was made by Robert Klingel and seconded by Mark Rossi.

The Board returned to open session at 10:30 p.m.

OLD BUSINESS

NEW BUSINESS

The Mayor attended Regional Plan meeting at Merck. The Executive Director expressed willingness to assist the municipality to create a visioning program.  Mayor suggested creating a Task Force including Land Use Board, Environmental, Economic Development, Recreation Commission, professionals.

Hawk Pointe has offered its facility for a meeting.

The Mayor has asked Kerry Pflugh to participate.   Efrem Zaret agreed to be involved as well.  Chris Cavazzini will serve as a member on behalf of the Environmental Commission.

The Mayor noted Smart Growth and Highlands representatives should be included in the process.  Ms. Pflugh referenced green growth initiative.

The Mayor commended the Board and encouraged participation in the future,

Kerry thanked the Mayor for his support.

ADJOURNMENT

Motion for adjournment was made and seconded with all members in concurrence.  Meeting was adjourned at 10.40 p.m.
 
These minutes were approved 1/2/08.

Alice Oldford
Secretary to the Board