TOWNSHIP OF WASHINGTON
WARREN COUNTY
LAND USE BOARD

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

MINUTES
FEBRUARY 23, 2005

The meeting will begin at 7:30 p.m.
Formal action may be taken at this meeting.

Chairman K. Pflugh called the meeting to order at 7:40 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 22, 2004.

ROLL CALL:

Members Present: Mr. Strunk, Mr. Klingel, Mr. Iwaniszyn, Ms. Pflugh, Ms. Pietrangelo, Mr. Birkner, Ms. Belz, Mayor Dempski (9:00 p.m.)

Members Absent: Mr. Howell, Mr. Sodtalbers, Mr. Rossi

Also Present: Attorney S. Gruenberg, Engineer J.Cilo Jr.

MINUTES: A motion to approve the minutes of  February 9, 2005 meeting as written was made by Mr. Klingel, seconded by Mr. Iwaniszyn, Vote: Klingel, Iwaniszyn, Pflugh, Birkner, Belz - Ayes, 0 - Nay, Strunk, Pietrangelo - Abstain, motion carried.

COMPLETENESS:

1.  Martron LLC - WTPB#2005- 4 - Application for a bulk variance and minor site plan approval for Block 64, Lot 11, located at 283 Route 31 South, Washington NJ. A motion to deem the application incomplete was made by Ms. Pietrangelo, seconded by Ms. Belz,
Vote: Pietrangelo, Belz, Strunk, Klingel, Iwaniszyn, Pflugh, Birkner - Ayes, 0 - Nay, 0 - Abstain, motion carried.

RESOLUTIONS:

1.  Hawk Pointe/Asbury Farms - WTPB#2004-8 - Resolution for a GDP amendment and Variance application for Block 65, Lot 65.02 and Lots 2, 4, & 1, also known as 294 Route 31 South.Approval was granted on December 15, 2004. Eligible to Vote: Klingel, Sodtalbers, Pflugh, Iwaniszyn, Rossi. This resolution has been rescheduled for the March 9, 2005 meeting.

2.  Heights Equities - WTPB#2004-29 - Resolution for a “Use Variance” for Block 40, Lot  87.01, also known as 380-418 State Highway 57, Washington NJ. Approval was denied on December 15, 2004. Eligible to Vote: Sodtalbers,Iwaniszyn. This resolution has been rescheduled for the March 9, 2005 meeting.

PUBLIC HEARINGS & DISCUSSION ITEMS:

1.  Blue Mountain LLC - WTPB#2004-20 - Continuation of a Public Hearing for a Minor Subdivision application for Block 24, Lots 6, 6.01 & 6.02. This application has been continued from January 26, 2005. Eligible to Vote: Iwaniszyn, Strunk, Sodtalbers, Klingel, Pietrangelo, Pflug, Rossi. Chairman K. Pflugh announced this application was rescheduled for March 30, 2005 without further notice.

2.  J. Hackett - WTPB#2004-26 - Continuation of a Public Hearing for an appeal for Block 43, Lot 23, also known as 8 Canal Trail. Eligible to Vote: Howell, Sodtalbers, Klingel, Iwaniszyn, Pflugh, Pietrangelo, Birkner, Belz. Mr. Strunk recused himself for the application.The applicant was represented by Attorney R. Benbrook.

Mr. Benbrook briefly reviewed for the Board the status of the underground oil tanks on the property. Mr. Benbrook stated the applicant Mr. Hackett is in the process of having the tanks removed from the property. Mr. Benbrook submitted exhibit A-5 letter dated 2-23-05, A-6 letter from Mr. Benbrook, B-1 letter dated 2-23-05 from Planner S. Doyle. Attorney S. Gruenberg reviewed the remaining issues and if the quality and the nature was the same as the prior use. Attorney Gruenberg and Mr. Benbrook had a lengthy discussion of a NJ Supreme court case, prior uses and what the applicant was applying for.

Public Comment:

Ms. Pietrangelo asked if the use is determined, could the applicant be granted relief without a use variance. Attorney S. Gruenberg replied no, a brief discussion followed. Ms. Pflugh stated she felt the same and would support determination. Mr. Birkner stated it seemed to be a fairly similar use with lesser impact. Ms. Belz stated she did not see a problem with the use. Mr. Iwaniszyn stated the use would not be a detriment.

Attorney S. Gruenberg gave the Board a review of what they should be considering.

A motion was made to deny and uphold a zoning determination by Ms. Pietrangelo, seconded by Mr. Klingel, Vote: Pietangelo, Klingel, Iwaniszyn, Pflugh, - Ayes, Birkner, Belz - Nay, 0 - Abstain, motion carried. Mr. Strunk returned to the Board and Mr. Dempski.

3.  Ed Mark 31 - WTPB#2005-2 - Public hearing for Amended Preliminary and Final Major Site Plan Approval and Minor Subdivision Approval for Block 65, Lot 8.03, also known as 360 Route 31 South. Attorney S. Gruenberg stated he reviewed the public notice and the Board has jurisdiction to proceed with the application. The applicant was represented by Attorney A. Lowcher and J. Symonds of Biggs Engineering.

Attorney S. Gruenberg swore in witnesses Edward Rossi, applicant and Engineer, Jess Symonds of Biggs Engineering. Mr. Lowcher briefly reviewed the application for amended preliminary and final major site plan approval, continued conditional use approval, and minor subdivision approval with the Land Use Board so as to permit the applicant to relocate proposed storm water management and drainage structures in furtherance of the applicant’s renovation and expansion of the existing commercial structure located at 360 State Highway 31.

Engineer J. Symonds discussed what would be proposed by obtaining the additional ½ acre off existing Block 65, Lot 8.00 and to merge this one half acre with the applicant’s property known as Block 65, Lot 8.03. The amended preliminary and final major site plan and proposed minor subdivision are necessary in order for the applicant to comply with the requirements of Jersey Central Power and Light Company. Engineer J. Symonds reviewed and discussed exhibits A-1 Site Plan dated 11-2-04 and A-2 Color Coded sheet of site plan.

Public Comment:

There was no public comment offered.

A motion to close the public hearing was made by Mr. Klingel, seconded by Mr. Iwaniszyn, all ayes motion carried. A motion to approve was made by Mr. Iwaniszyn, seconded by Mr. Klingel, Vote: Iwaniszyn, Klingel, Dempski, Strunk, Pflugh, Pietrangelo, Birkner, Belz - Ayes, 0 - Nay, 0 - Abstain,motion carried.

4.  Washington Valley Estates - WTPB#2004-33 - Public hearing for a Preliminary Major Subdivision for Block 28, Lot 5, also known as 31 Mine Hill Road. 

The applicant was represented Attorney Jack Spinella and Engineer, Michael Hubner of Wunner Engineering. Mr. Hubner briefly reviewed his credentials and was sworn in by Attorney S. Gruenberg.  Engineer Michael Hubner presented and discussed exhibit A-1 grading and drainage sheet #3.  Mr. Hubner reviewed the proposed lot size and RSIS lane requirements. Mr. Hubner reviewed Mr. Cilo’s letter dated 1-25-05. Mr. Cilo stated he had concerns over the emergency spillway and the capacity of the 24" pipe, Mr. Cilo wanted to assure there would be no flooding for Fairway Estates.

Ms. Pflugh suggested a larger berm with additional plantings along the border of Fairway Estates. Mr. Cilo stated he would have to further review the drainage calculations.

The Board had a brief discussion on curbing. Mr. Strunk stated the DPW has had long term maintenance problems and difficulty plowing roads without curbing. Mr. Cilo suggested the road be 18-24ft. in width with mountable curbing on the entire length. Ms. Pietrangelo stated she would prefer to see a 20ft.wide road with no curbing, Ms. Pflugh agreed. The Board agreed the proposed development should be provided with public water.

Attorney S. Gruenberg swore in applicant David Seneca.

The Board had a brief discussion with the witnesses regarding the detention basin,  its capacity and maintenance. Mayor Dempski stated a homeowner’s association for the maintenance of the detention basin should be funded by the developer, the applicant’s attorney agreed. Mr. Strunk asked if the location of the homes shown on the lot is where they will actually be built , Mr. Hubner said no.

Public Comment:

Chairman Pflugh asked if there was any questions from the public, there were none.

There was no further testimony for this application the public hearing will resume on March 30, 3005.

5.  Trade Zone Auto - WTPB#2004-24 - Public hearing for Site Plan approval for Block 79, Lot 7.06 also known as 488 Route 31 South. This application was deemed complete on December 8, 2004. This application has been rescheduled for March 30, 2005 without further notice.

PUBLIC COMMENT & CONCERNS:

Mayor Dempski briefly reviewed and discussed  proposed ordinances before the Township Committee.

Attorney S. Gruenberg briefly discussed the status of pending litigation.

ADJOURNMENT: 11:20 p.m.

With no further business before the Board and no public comment offered, the meeting was adjourned.

Respectfully Submitted,
Margaret Housman, Secretary
Land Use Board