TOWNSHIP OF WASHINGTON
WARREN COUNTY
LAND USE BOARD

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

MINUTES
JULY 27, 2005

The meeting will begin at 7:30 p.m.

Formal action may be taken at this meeting.
No new business will be heard after 11:00 p.m.

Chairwoman Ms. Pflugh 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 22, 2004.

ROLL CALL:

Members Present: Mayor Dempski, Mr. Strunk, Mr. Sodtalbers, Mr. Rossi, Ms. Pflugh, Ms. Pietrangelo, Mr. Birkner

Members Absent: Ms. Belz, Mr. Klingel, Mr. Iwaniszyn, Mr. Howell

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

CORRESPONDENCE: A correspondence list was submitted to the Land Use Board members.

MINUTES: Minutes from the June 29, 2005 and July 13, 2005 meeting.

A motion to approve the minutes from June 29, 2005 and July 13, 2005 as written was made by Mr. Birkner, seconded by Mayor Dempski, Vote: Birkner, Dempski, Strunk, Sodtalbers, Pflugh - Ayes, 0 - Nay, Pietrangelo, Rossi - Abstain, motion carried.

STORMWATER MANAGEMENT PRESENTATION: Township Engineer, R. Miller of Studer & McEldowney, PA.

Attorney S. Gruenberg swore in Township Engineer Robert Miller of Studer & McEldowney, PA. Mr. Miller stated the purpose of the Public Meeting is to adopt the Stormwater Management Plan which is an element of the Masterplan.

Mr. Miller stated the plan documents the strategy for the Township to address storm-water related impacts. The creation of the plan is required by N.J.A.C. 7:14A-25 Municipal Stormwater Regulations, the plan contains all of the required elements described in N.J.A.C. 7:8 Stormwater Management Rules. Mr. Miller stated the plan addresses groundwater recharge, stormwater quantity, and stormwater quality impacts by incorporating stormwater design and performance standards for new major developments, defined as projects that disturb one or more acre of land. Mayor Dempski asked what area in the ordinance should change, Mr. Miller stated chapter 64 and new development would have to be covered.

Mr. Miller stated carbonate rock and impervious coverage issues must be addressed.

Chairwoman Ms. Pflugh stated DEP model ordinances have to be reviewed should there be any new development. Ms. Pflugh suggested Attorney S. Gruenberg review the model ordinances now. Mr. Miller stated the Highlands Council’s goal is to have their plan available and adopted by the first of the year. Chairwoman Ms. Pflugh suggested the budget be reviewed first for Masterplan and Stormwater Management Ms. Pflugh asked if there would be public education requirements, Mr. Miller stated a brochure would have to be given to the residents once a year and the DEP does provide the information. Ms. Pflugh stated as for the water quality aspect, significant buffers, what monitoring will be required by the Township. Mr. Miller stated the standards would be set by the EPA and the Township being a tier “B” community there would be less restrictions as compared to a tier “A” community. A motion to close the public hearing was made by Mr. Strunk, seconded by Mr. Rossi, all ayes, motion carried. A motion to approve the Stormwater Management Plan as written was made by Ms. Pietrangelo, seconded by Ms. Pflugh, all ayes, motion carried.

RESOLUTIONS:

1.  T. Donoghue - WTPB#2005-15 - Resolution for denial of a Minor Subdivision application for Block 45, Lot 14.05. This application was denied on June 8, 2005.

Eligible to Vote: Strunk, Pietrangelo, Dempski, Sodtalbers, Klingel, Iwaniszyn, Pflugh, Birkner. A motion to approve the resolution with changes was made by Mayor Dempski, seconded by Mr. Birkner Vote: Dempski, Birkner, Sodtalbers, Pflugh - Ayes, 0 - Nay, 0 - Abstain, motion carried.

2.  Martron LLC - WTPB#2005 - 4 - Resolution for approval of a Site Plan application for Block 64, Lot 11. This application was approved on April 27, 2005.

Eligible to Vote: Sodtalbers, Pietrangelo, Dempski, Howell, Strunk, Klingel, Pflugh

A motion to approve the resolution with changes was made by Mr. Sodtalbers, seconded by Mayor Dempski, Vote: Sodtalbers, Dempski, Pietrangelo, Strunk, Pflugh - Ayes, 0 - Nay, 0 - Abstain, motion carried.

3.  Trade Zone Auto - WTPB#2004 - 24 - Resolution for a Major Site Plan application with Variance relief for Block 79, Lot 7.06. This application was denied on March 30, 2005.

Eligible to Vote: Belz, Rossi, Howell, Sodtalbers, Iwaniszyn, Pietrangelo, Birkner

This resolution will be presented at the August 10, 2005 meeting.

CONCEPTUAL PLAN:

1. Request for a conceptual plan for JSR Properties, LLC located at 478 Route 31 South.  Attorney A. Lowcher and Engineer Kurt Hoffman of Biggs Engineering represented the applicant. Mr. Lowcher stated the property is located adjacent to the Wayfarer restaurant, the environmental and geotechnical has been completed. Mr. Lowcher stated the applicant is proposing a child care facility with a maximum number of 115 students, 25 employees.

The facility would consist of two buildings with a playground in the center. The Board suggested the plan submitted be revised for parking issues, the Board did not recommend parking in the front of the building. Mayor Dempski stated the entrance way should be wide enough to ensure there is no traffic back up onto Rt. 31. Mr. Strunk suggested whenthe applicant returns they provide information on  lighting  and drainage.

COMPLETENESS:

1.  Baker Residential LLC - WTPB#2005-23 - Completeness review for a Major Preliminary Site Plan application with Variance relief for Block 67, Lot 57. No action was taken on  this application.

2.  C. Clark - WTPB#2005-24 - Completeness review for a Variance application and a for Block 5, Lot 3. A motion to deem the applicant complete was made by Ms. Pietrangelo, seconded by Mayor Dempski, all ayes, motion carried. The applicant’s attorney, Stuart Ours requested a public hearing date of August 10, 2005, the application will be heard on that date.

PUBLIC HEARING AND DISCUSSION ITEMS:

1.  Heron Run - WTPB#2005-1 - Continuation of a Public Hearing for a Preliminary Major Subdivision with Variance Relief for block 82, Lot 17, continued from June 29, 2005.

Eligible to Vote: Dempski, Howell, Strunk, Pflugh, Rossi, Pietrangelo, Iwaniszyn, Sodtalbers. Board member Mr. Birkner stepped down for the application.

The applicant was represented by Attorney J. Kobert and Engineer D. Plante of Ritter & Plante Associates, LLC. Exhibit A-10 Site Plan section II 7/27/05 was presented and discussed. Mr. Plante brought the board upto date, Mr. Plante stated the request for the bus stop must be shown on revised plans and the show the consolidation of the detention basins. Detention basin #1 would remain and not be consolidated. Mr. Kobert stated there are other items per Mr. Cilo’s review that must also be addressed and request any other items that need addressing. Mayor Dempski stated the applicant should have a sinkhole remediation fund to be included in the maintenance guarantees over the entire site not just right of ways and sidewalks. Mayor Dempski stated affordable housing obligations should also be addressed and the pre-funding of a homeowner’s association for a sum of $200.00 per building lot and the association documents would be filed with Warren County and to the satisfaction of the Land Use Board Planner. Mr. Kobert stated he did not have a problem with any of the requests. Mr. Strunk stated he had concerns of who would maintain the bus parking area in the winter and also with the road width going from 24ft. down to 20ft. where would the kids walk in the winter time without sidewalks. Mr. Kobert stated the association should be responsible for snow maintenance for the bus area. Mr. Strunk stated some of the mothers and fathers may not want to drive them to the bus. Chairwoman Pflugh stated usually when there is a volume of snow there would not be school anyway.

Mr. Plante stated there would be a 4ft. wide shoulder on each side per normal RSIS standards. Mr. Kobert suggested sidewalks on one side of the road only to minimize the amount of impervious coverage. Mayor Dempski stated the parking lot for the bus or parents dropping off children should help and he felt sidewalks are a great recreational device. Mr. Sodtalbers stated if the applicant is willing to do it and keep it within the homeowner’s association then we can move on. Mr. Kobert stated he wasn’t sure about liability issues for the association. Mr. Plante suggested 30ft. At the entrance of the roadway, Mr. Cilo suggested a width of 36ft., Mr. Plante agreed. Attorney Gruenberg suggested a straw pole on sidewalks,

Vote: Mr. Sodtalbers - No, not in a four acre development.
          Ms. Pietrangelo - No, supports the widening of the road in lieu of sidewalks at the entrance.
          Ms. Pflugh - No, supports the widening of the road in lieu of sidewalks.
          Mr. Rossi - No, supports the widening of the road in lieu of sidewalks.
          Mayor Dempski - No, would the applicant be willing to make a donation and put Sidewalks in another part of the Township that is very unsafe.
                   Mr. Kobert will discuss it with his client on this issue.

          Mr. Strunk - Yes, no place for the children to walk.
The result of the straw pole was no for sidewalks.

Engineer J. Cilo stated the developer should provide a 2 year maintenance bond for the maintenance of swales. Mr. Plante stated the swales are designes per the Warren County Soil Conservation District. Attorney S. Gruenberg reminded Mr. Plante the driveways for Lot 17.01 and 17.02 should be offset, Mr. Plante agreed.

PUBLIC COMMENT:

Ms. Beth Styler Barry of the Musconetcong Watershed Association

Ms. Barry submitted a letter P-1 supporting the original plan for a cluster development.

Attorney J. Kobert requested the applicant  return on August 31, 2005, the Board agreed the hearing was adjourned until August 31, 2005 without further notice being required.       

BREAK: 9:00 - 9:10 p.m.

2.  Tractor Supply Co. - WTPB#2005 -19 - Continuation of a Public Hearing for a Site Plan application for Block 22, Lot 3.14, 3.15, 3.16. This application is continued from July 13, 2005.

Eligible to Vote: Sodtalbers, Rossi, Pflugh, Pietrangelo, Birkner. Mayor Dempski and Mr. Strunk stepped down for the application.

The applicant was represented by Attorney A. Lowcher and Engineer Alan Thomson

Attorney S. Gruenberg swore in Geologist,  Mr. Matthew Mulhall, Mr. Mulhall has previously provided testimony before the Board. Mr. Mulhall briefly reviewed the recharge basin exhibit A-4, Mr. Mulhall stated he reviewed five areas at the site and stated there was clear sink hole activity in two areas possibly three. Mr. Mulhall recommended the area behind the building have  the vegetation removed to inspect the location. Attorney A. Lowcher stated the applicant will follow Mr. Mulhall’s recommendation regarding sinkhole remediation. Attorney A. Lowcher stated the lighting plan had been provided and the shielded lighting reflected in the lighting plan. Attorney S. Gruenberg swore in Architect, Brian Schuler of ADA Architects.

Mr. Schuler stated he is a licensed electrical engineer, Mr. Schuler reviewed exhibit A-12 a photometrics drawing. Engineer J. Cilo stated this is an integrated site and the light limits that apply to Tractor Supply should also apply to other tenants in the shopping center.

Attorney A. Lowcher stated for the record there is a different owner for the adjacent site.

Ms. Pflugh asked if the two owners submit a lighting schedule to the Board, Attorney Lowcher stated the lights would be turned off one hour after business hours. Attorney Lowcher briefly reviewed the variances required for the application and submitted photos of other businesses in the Township with outdoor display. Attorney Gruenberg swore in Tractor Supply Manager, George Stotz, Mr. Stotz reviewed the proposed outdoor display area and discussed stacking height.

PUBLIC COMMENT: No public comment was offered.

A motion to close the public hearing was made by Mr. Rossi, seconded by Mr. Birkner, all ayes motion carried. Attorney S. Gruenberg briefly reviewed the conditions of approval and compliance with the Land Use Engineer’s report.

A motion to approve “Use Variance” for outdoor display was made by Mr. Sodtalbers, seconded by Mr. Rossi, all ayes, motion carried.

A motion to approve a “Variance” for a structure not tied to a principle use was made by Mr. Sodtalbers, seconded by Mr. Birkner, all ayes, motion carried.

A motion to approve all “Bulk Variances” was made by Mr. Sodtalbers, seconded by Mr. Birkner, all ayes, Ms. Pietrangelo - Nay, motion carried.

A motion to approve the Preliminary Site Plan application was made by Mr. Sodtalbers, seconded by Mr. Rossi, all ayes, motion carried.

Mayor Dempski and Mr. Strunk returned to the Board at this time.

3.  Percarpio - WTPB#2004-34 - Request for an extension for a Minor Subdivision application for Block 23, Lot 11. No action was taken on this application.

4.  Blue Mt. LLC - 2004-20 - Request for an extension for a Minor Subdivision application for Block 24, Lot 6, 6.01 & 6.02. The Board granted an extension through August 31, 2005 however the applicant will be required to re-notice.

EXECUTIVE SESSION: 10:30 - 10:35 p.m.

A motion to go into Executive Session to discuss “Pending Litigation” was made by Mayor Dempski, seconded by Ms. Pietrangelo, all ayes motion carried.

A motion to return to regular session was made by Ms. Pietrangelo, seconded by Mayor Dempski, all ayes, motion carried.

ADJOURNMENT: 10:35 p.m.

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

Respectfully Submitted,
Margaret Housman, Secretary
Washington Township Land Use Board