TOWNSHIP OF WASHINGTON
WARREN COUNTY
LAND USE BOARD

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

MINUTES
JANUARY 26, 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 7:35 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. Howell, Mr. Strunk, Mr. Sodtalbers, Mr. Klingel, Ms. Pflugh, Ms. Pietrangelo, Mr. Iwaniszyn, Mr. Birkner, Ms. Belz

Members Absent: Mayor Dempski, Mr. Rossi

Also Present: Attorney S. Gruenberg, Engineer J. Cilo Jr., Planner S. Doyle, Geotechnical Consultant Mr. McWaters for J. Fischer.

MINUTES: A motion was made by Mr. Sodtalbers, seconded by Mr. Klingel to approve the minutes of December 15, 2004 as written: Vote Sodtalbers, Klingel, Strunk, Iwaniszyn, Pflugh - Ayes, 0 - Nay, 0 - Abstain, motion carried. A motion was made by Ms. Pietrangelo, seconded by Mr. Sodtalbers to approve the minutes of January 5, 2005 as written:

Vote: Pietrangelo,Sodtalbers, Howell, Strunk, Klingel, Iwaniszyn, Pflugh, Birkner - Ayes, 0 - Nay, 0 - Abstain, motion carried. A motion was made by Ms. Pietrangelo, seconded by Mr. Sodtalbers to approve the minutes of January 12, 2005 as written: Vote: Pietrangelo, Sodtalbers, Iwaniszyn, Birkner - Ayes, 0 - Nay, Pflugh - Abstained, motion carried.

COMPLETENESS:

1.  Dr. Zipf - WTPB#2004-32 - Completeness for a Variance application for Block 48, Lot 7.06. Deemed incomplete on December 8, 2004. Rescheduled from January 12, 2005. The applicant has requested this application to be rescheduled for February 9, 2005.

2.   Heron Run - WTPB#2005- 1 - Completeness for a Preliminary Major Subdivision for Block 82, Lot 17. A motion to deem the application incomplete per the Planner’s January 17, 2005 letter was made by Mr. Strunk, seconded by Mr. Klingel, Vote: Strunk, Klingel, Sodtalbers, Iwaniszyn, Pflugh, Pietrangelo, Birkner - Ayes, 0 - Nay, 0 - Abstain, motion carried.

3.  Ed Mark 31 - WTPB#2005-2 - Completeness for Amended Preliminary and Final Major Site Plan approval, with Minor Subdivision approval for Block 65, Lot 8.03 & 8.
A motion was made to deem the application complete per the Planner’s January 17, 2005 letter was made by Mr. Strunk, seconded by Mr. Klingel, Vote: Strunk, Klingel, Howell, Sodtalbers, Iwaniszyn, Pflugh, Pietrangelo, Birkner, Belz - Ayes, 0 - Nay,  0 - Abstained, motion carried. This application has been scheduled for public hearing on February 23, 2005.

RESOLUTIONS:

1.  C. Donaldson - WTPB#2004- 2 - Resolution for a  Minor Subdivision application  approved on December 8, 2005 for Block 74, Lot 6.
Eligible to Vote: Klingel, Sodtalbers, Iwaniszyn, Strunk, Rossi, Pflugh

A motion was made to approve a resolution granting Minor Subdivision approval by Mr. Sodtalbers, seconded by Mr. Klingel, Vote: Sodtalbers, Klingel, Iwaniszyn, Strunk, Pflugh - Ayes, 0 - Nay, 0 - Abstain, motion carried.

2.  J. Henning - WTPB#2004-30 - Resolution for a Variance application approved on December 15, 2004 for Block 81, Lot 5.23. Eligible to Vote: Klingel, Sodtalbers, Iwaniszyn, Strunk, Rossi, Pflugh.

A motion was made to approve a resolution granting Variance approval by Mr. Sodtalbers, seconded by Mr. Klingel, Vote: Sodtalbers, Klingel, Iwaniszyn, Strunk, Pflugh - Ayes, 0 - Nay, 0 - Abstain, motion carried.

3.  C. Hicks - WTPB#2004- 25 - Resolution for a Final Major Site Plan application approved on November 17, 2004 for Block 30, Lot 5. Eligible to Vote: Pflugh, Klingel Iwaniszyn. A motion was made to approve a resolution granting Final Major Site Plan approval by Mr. Iwaniszyn, seconded by Mr. Klingel, Vote: Iwaniszyn, Klingel, Pflugh - Ayes, 0 - Nay, 0 - Abstain, motion carried.

4.  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. Approval granted on December 15, 2004. Eligible to Vote: Klingel, Sodtalbers, Pflugh, Iwaniszyn, Rossi

An extension was granted for this resolution through February 9, 2005.

PUBLIC HEARING & DISCUSSION ITEMS:

1.  Trade Zone Auto Sales - WTPB#2004-24 - Public hearing for a Site Plan application for Block 79, Lot 7.06. Deemed complete on December 8, 2004. The applicant has requested the public hearing for this application be rescheduled for February 23, 2005. 

2.  Washington Valley Estates - WTPB#2004-33 - Public hearing for a Preliminary Major Subdivision for Block 28, Lot 5. This application was deemed complete for Preliminary on December 15, 2004. This application was deemed incomplete for Final on December 15, 2004.

The Board did not have jurisdiction to proceed on this application due to further advertising being required. This application has been rescheduled for February 9, 2005 without further notice being required.

3.  J. Hackett - WTPB#2004 - 26 - An appeal to the Zoning Officer’s letter of denial for Block 43, Lot 23. Mr. Hackett was represented by Attorney Robert Benbrook. Board member Mr. Strunk recused himself for this application. Mr. Benbrook gave a brief history of the application. Mr. Benbrook stated the applicant has purchased  the former home of the 7-up bottling company located at 8 Morris Canal Trail, block 43 lot 8. Mr. Benbrook stated the building was an old industrial type building built in the 1940's.

Mr. Benbrook stated the property has had no lawful use since 1988 and in 1995 the Township sold the property at tax sale. The previous owner lost the property through foreclosure. The present owner Mr. J. Hackett would like to use the location to park his trucks. Attorney S. Gruenberg swore in the first witness Ms. Mohan of 6 Morris Canal Trail an adjacent property owner. Ms. Mohan stated she has lived at the location all of her life and her grandfather is the original owner of the building. Ms. Mohan stated the previous business at the location involved substantial trucking with large tractor trailers. Ms. Mohan stated a Mr. Dave Barbour owned the 7-up plant during the 70's and there were trucks at the location on a daily basis. Ms. Mohan stated in the mid 1990's when Mr. Beam moved to the property various size trucks were present at the location including dump trucks.

Public Comment: None at this time.

Attorney S. Gruenberg swore in Mr. Wayne Quinn of 131 Anderson Road.
Mr. Quinn was an employee at the 7-up plant from 1976 - 1981. Mr. Quinn stated various size trucks were stored at the property until the company moved to Broadway NJ in 1981. Mr. Quinn stated there were approximately 16 workers at the location at one time.

Public Comment: None at this time.

Attorney S. Gruenberg swore in Mr. David Barbour of Pa.
Mr. Barbour ran a recycling business at the 7-up location from 1981 - 1988 for regrinding stylene for resale. Mr. Barbour stated trucks and equipment remained on the property through 1996 when the building was sold for tax sale. Ms. Pietrangelo asked the witness if there was a gas pump on the site, Mr. Barbour stated the gas pump was removed when he first moved onto the site. Mr. Benbrook presented Mr. Keith Bonchi, an  Attorney who major  foreclosures and represented the current owner at tax sale. Mr. Bonchi briefly reviewed when the tax lien on the property was purchased, April 11, 1996 and final approval was granted on November 11, 1996.

Public Comment: None at this time.

Attorney S. Gruenberg swore in Mr. J. Hackett the applicant. Mr. Hackett reviewed and discussed for the Board exhibits A-1 to A-6.  Mr. Hackett briefly described his business, commercial equipment, 4 trucks, trailer, backhoe, bulldozer, trackhoe, farm tractor and roller.

BREAK: 10:10 - 10:20

Public Comment:

Ms. Wendy Boyce of 7 Morris Canal Trail
Ms. Boyce stated she has had no problems with Mr. Hackett as a neighbor.

Planner S. Doyle stated from 1970 - 1981 the 7-up warehouse was the principle use, when uses as a warehouse there were 18 employees. The warehouse was used as a recycling business from 1981 - 1988,  Ms. Doyle stated there was no clear distinction. The building was the principle use not the parking lot, the parking lot was the accessory use. Mr. Benbrook stated changing a non-conforming use and  when is it permissive. Mr. Benbrook will be supplying Mr. Cilo and Ms. Doyle with further information on the application as requested. Attorney S. Gruenberg stated you might want to consider and make your use variance application complete. This application will resume on February 23, 2005 with no further notice required.

4.  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 12, 2005. Eligible to Vote: Iwaniszyn, Strunk, Sodtalbers, Klingel, Pietrangelo, Pflugh, Rossi.  Board member Evan Howell recused himself and left the meeting.

Attorney Robert Boak represented the applicant and Engineer E. Calhoun.  Mr. Boak and

Ms. Calhoun reviewed the application and where the application left off with the vacation of the alleyway, septic design approval from the County Board of Health.  Engineer J. Cilo reviewed his letter dated January 17, 2005. Mr. James McWaters reviewed his comments and stated not enough information has been presented and recommended a Phase II investigation.

Attorney S. Gruenberg swore in Mr. Glenn Brukardt the applicant’s Geotechnical consultant.

Mr. Brukardt stated a Phase II investigation would not be necessary, additional investigations would be inspected (septics or foundations). Mr. Brukardt stated that a Phase II investigation was not required based per the Washington Township ordinance. Mr. Brukardt stated 20 - 30 test pits at 10- 12ft. Have been completed and there was no evidence of ground water or modeling, or limestone. Mr. Brukardt stated the applicant has gone above and beyond what is required. The applicant agreed to one day of excavating to 25ft.on all three lots. Mr. Strunk voiced concerns of known sink holes in the area. Attorney S. Gruenberg and Attorney R. Boak had a brief discussion on what should be required, variance issues and design changes.

The applicant has agreed to one day of drilling on the site with two borings for each lot at a depth of 50ft.

Public Comment: None at this time

No further testimony was given, the application will adjourn until February 23, 2005.

ADJOURNMENT: 11:30 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