TOWNSHIP OF WASHINGTON
                                                                                 WARREN COUNTY
                                                                                 LAND USE BOARD

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

                                                                                         MINUTES
                                                                                     JULY 12, 2006

Chairwoman D. Pietrangelo 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 23, 2005.

ROLL CALL:
Members Present: Mayor Dempski, Mr. Sodtalbers, Mr. Klingel, Mr. Rossi, Mr. Zaret, Ms. Belz, Ms. Pietrangelo
Members Absent: Ms. Pflugh, Mr. Howell, Mr. Strunk

Also Present: Attorney S. Gruenberg, Planner S. Doyle, Engineer W. Gleba

MINUTES: Minutes from May 31, 2006, May 24, 2006, June 14, 2006.
A motion to approve the minutes from May 24, 2006 was made by Mr. Sodtalbers,  seconded by Mr. Zaret, Vote: Sodtalbers, Zaret, Dempski, Pietrangelo - Ayes 0 - Nay, Klingel, Rossi - Abstained, motion carried.

A motion to approve the minutes from May 31, 2006 was made by Mr. Zaret, seconded by Mr. Sodtalbers, Vote: Zaret, Sodtalbers, Dempski, Pietrangelo - Ayes 0 - Nay, 0 - Abstain, motion carried.
The minutes from June 14, 2006 have been tabled to the July 26, 2006 meeting.

CORRESPONDENCE: A correspondence list was provided to the board members.
  
RESOLUTIONS:
1. Trade Zone Auto - WTPB#2005-32 - Resolution for denial for a conditional use variance for Block 79, Lot 7.06 located at 488 Route 31 South.
Eligible to Vote: Howell, Sodtalbers, Klingel, Iwaniszyn, Pflugh, Pietrangelo
This resolution will be submitted at the July 26, 2006 meeting.

2. Valerie Hudock - WTPB#2006-5 - Resolution for variance approval granted on May 31, 2006 for Block 17, Lot 6.01 located on 1 Jackson Parkway.

Eligible to Vote: Klingel, Rossi, Dempski, Howell, Sodtalbers, Iwaniszyn, Pietrangelo, Zaret

A motion to approve was made by Mr. Sodtalbers, seconded by Mr. Zaret, Vote: Sodtalbers, Zaret, Pietrangelo, Dempski, Rossi, Klingel - Ayes, 0 - Nay, 0 - Abstain, motion carried.
 
3. William O’Brien - WTPB#2006-7 - Resolution for the granting of an appeal to a zoning officer’s decision for Block 64, Lot 3 located on 239 Route 31 South.

Eligible to Vote: Rossi, Sodtalbers, Dempski, Howell, Klingel, Iwaniszyn, Pietrangelo, Zaret

A motion to approve was made by Mr. Sodtalbers, seconded by Mr. Rossi, Vote: Sodtalbers, Rossi, Dempski, Klingel, Pietrangelo, Zaret - Ayes, 0 - Nay, 0 - Abstain, motion carried.

Break: 7:45 - 7:50 p.m.

The Board took a brief recess while waiting for the Engineer to arrive who was delayed at another meeting.

COMPLETENESS & PUBLIC HEARINGS:
1. Hawk Pointe/Asbury Farms - WTPB#2006-2 - Completeness Review for a Preliminary Major Subdivision and Site Plan application with Variance relief for Block 65, Lots 2 & 4 and Block 65.02, Lot 1 located on Route 31 South.  Mr. Zaret stepped down for this application.

The applicant Richard Cotton of Asbury Farms was represented by Attorney L. Tubman of Archer & Greiner. Ms. Tubman requested the applicant’s Engineer E. Back of Gladstone Design address  items from Board Engineer W. Gleba’s letter dated July 7, 2006.

Mr. Back and Mr. Gleba reviewed items to be addressed for completeness purposes  only prior to public hearing.

A motion was made by Mr. Sodtalbers seconded by Mr. Klingel to grant waivers for completeness purposes only for items 27d, Checklist A, items11 & 29, Checklist B, items 1 & 13, Checklist C, items 2c, Checklist E, items 9, 5a & 5b.Vote: Sodtalbers, Klingel, Dempski, Rossi, Pietrangelo, Belz - Ayes, 0 - Nay, 0 - Abstain, motion carried.

A motion was made by Mr. Sodtalbers to deny Checklist C items 2f & 2j, Checklist E, item 7 for completeness only ( no second was made). Mr. Klingel asked Ms. Doyle and Mr. Gleba if the information was supplied to them within seven days would that be sufficient time for review, they responded yes. Mr. Klingel made a motion to grant a waiver for completeness purposes on the three items to be supplied within seven days, seconded by Mayor Dempski, Vote: Klingel, Dempski, Rossi, Belz - Ayes, Sodtalbers, Pietrangelo - Nay, 0 - Abstain, motion carried.

A motion to deem the application complete was made by Mr. Klingel, seconded by Mr. Rossi,

Vote: Klingel, Rossi, Dempski, Belz - Ayes, Sodtalbers, Pietrangelo - Nay, 0 - Abstain, motion carried. The public hearing for this application was scheduled for August 30, 2006.

Mr. Zaret returned to the Board at this time.

2. Burger King/Harvey Management Corp. - WTPB#2005-36 - Public Hearing for a Site Plan application for Block 64 Lot 15 located at 309 Route 31 south. This application was deemed complete on June 14, 2006.

The applicant Mr. Drew Paterno of Harvey Management Corp. was represented by Attorney L. Tubman of Archer & Greiner.

Attorney S. Gruenberg stated the applicant had filed a Minor Site Plan application and no public notice was required. Ms. Tubman stated the applicant had changed the lighting not realizing it required an application before the Board. Ms. Tubman stated the applicant immediately turned the lights down to a 90 degree angle and applied for a minor site application.

Attorney S. Gruenberg swore in Principal, Drew Paterno and Engineer Richard Schommer.

Mr. Paterno stated the lighting upgrade was a requirement by Burger King to create a safer environment. Mr. Paterno stated in years past they have had sevwral instances including an armed robbery. Mr. Paterno reviewed Burger King’s hours of operation which were as follows: Monday - Thursday 6:00 am to Midnight, Friday 6:00 am to 1:00 am, Saturday 7:00 - 1:00 am, Sunday 7:00 am to Midnight. Mr. Paterno stated they have a timer system and the lights come on automatically and go out approximately a half hour after closing. Mr. Paterno stated it’s important to keep adequate lighting while our employees are at the facility.

Mayor Dempski stated there should be separate zones so your not lighting up the entire parking lot. Mayor Dempski suggested the hours of operation in the original approval be researched. Planner S. Doyle suggested the Board request additional planting, maybe trees. Mr. Paterno reminded Ms. Doyle clear and unimpeded site lines must be maintained when entering and exiting Route 31. Mayor Dempski stated a lot of other applicants have planted trees and had reduced lighting along Route 31. Ms. Tubman stated the height of the poles will not be changing. Engineer B. Gleba asked Mr. Paterno as far as site activities deliveries, maintenance activities when do these occur. Mr. Paterno responded generally during normal hours of operation. Mr. Gleba asked if deliveries require any special hours other than normal operating hours. Mr. Paterno responded he was not certain if he had any over night deliveries. Engineer Richard Schommer briefly reviewed his credentials for the Board. Engineer R. Schommer presented exhibit A-1, A Colorized site plan.

Mr. Schommer briefly reviewed the site and stated the only modification to the site is the lighting. Mr. Schommer stated there are seven light poles that exist there today, the plan is to remove the fixtures off of those poles, keep the bases add new fixtures to the top of the poles. Mr. Schommer stated the ordinance allows light poles up to twenty five feet the poles on the site are twenty one. Mr. Schommer stated the plan is to put two light fixtures on each pole which would be a total of fourteen light fixtures. Mr. Schommer reviewed the locations on the site for each pole. Mr. Schommer stated some of the building fixtures would also be replaced. Mr. Schommer stated security for the building is paramount especially at the drive up area. Mr. Schommer stated the proposed lighting is a 750 watt  metal halide lighting which replaces higher pressure sodium lamps, the metal halide is a more whitish light the high pressure sodium is a yellowish light. Mr. Schommer briefly discussed the different types of lighting and stated they have done an analysis which shows the illumination throughout the site. Mayor Dempski stated he would like to distinguish safety versus making the building a giant sign, I am all for safety but at the same time the building shouldn’t be turned into a big sign. Mr. Schommer stated historically if you are going to have problems with security it would be at the perimeter of the building or at the drive up windows, those areas typically call for higher levels of illumination compared to the parking lot. Mr. Paterno reviewed the different maintenance procedures for the lighting.

Mr. Schommer stated their goal is to have minimal illumination at the property lines.

PUBLIC COMMENT:
Mr. T. Prisk of 5 Osprey Court.

Mr. Prisk stated at first the new lighting was blinding, but now it has been fixed and is good in terms of safety. Mr. Prisk noted the business with the most lighting is still Smith Motor Co.

Mr. F. Cregan of 62 Merlin Dr.

Mr. Cregan asked if all of the lights are out at 1:30 a.m., Mr. Schommer stated ½ hour after closing. Mr. Cregan asked if the lighting being turned off included the Burger King sign, Mr. Schommer stated the sign was on a timer.
 
Attorney L. Tubman stated the applicant would return on August 9, 2006 with a modest lighting plan and hours of operation.

3. Dale Coleman - WTPB#2005-25 - Continuation of a public hearing from May 31, 2006 for a conditional use with bulk variance relief application for Block 46 Lot 2, located at 138 Railroad Ave. Eligible to Vote: Sodtalbers, Klingel, Rossi, Iwaniszyn, Pietrangelo, Belz, Zaret.

This application has been rescheduled to the August 9, 2006 meeting due to lack of quorum.

Mr. Rossi had to leave the meeting at this time 9:30 p.m.

4. Unity Bank - WTPB#2006-3 - Second Completeness Review for  a Preliminary Major Site Plan application with Variance relief and public hearing  for Block 78 Lot 9 located at 5 East Asbury Anderson Road. This application was deemed complete with conditions on May 31, 2006. The applicant was represented by Attorney A. Lowcher, Engineer J. Symonds of Biggs Engineering, Planner J. Layton of Maser Consulting and C. Kennedy facilities manager of Unity Bank. A motion to deem the application complete was made by Mayor Dempski, seconded by Mr. Klingel, Vote: Dempski, Klingel, Pietrangelo, Zaret, Belz - Ayes, 0 - Nay, Sodtalbers - Abstain, motion carried. Attorney S. Gruenberg stated the Board had jurisdiction to proceed. Attorney A. Lowcher briefly explained the revision to the zoning map due to a drafting error and stated he would like to proceed with Planner J. Layton due to the fact Mr. Layton was not available for the next two meetings. Mr. Layton addressed the zoning change required to the map due to drafting error and the proposed amendment to the ordinance. Attorney S. Gruenberg swore in Engineer J. Symonds of Biggs Engineering.

Mr. Symonds reviewed exhibit A-1 sheet 4 of 15 site plan layout, Mr. Biggs stated the on the site all seven trailers, the garage and the restaurant which has been removed will be cleared from the site. Mr. Symonds stated the entrance proposal has been submitted to NJ DOT and approved, Mr. Symonds reviewed and discussed the setback requirements for the project. Mr. Layton reviewed the proposed buffering and the shape of the lot.

Engineer W. Gleba requested the applicant’s Engineer review the proposed overhangs on the building not corresponding to the plan. Planner S. Doyle addressed the buffering for the residential side of the site. Attorney S. Gruenberg swore in Unity Bank facilities manager Cathie Kennedy. Ms. Kennedy stated the site was designed for the employees to park in the rear, off the Rt. 31 side. Mr. Sodtalbers asked what about peak periods for example Saturday mornings I would rather see too much parking than not enough.Planner J. Layton concluded his testimony, no public comment was offered.

The continuation of this public hearing was scheduled for July 26. 2006 without further notice being required.
    
DISCUSSION ITEMS:
1. Proposed amendments for the Lighting Ordinance:
Mayor Dempski asked the Land Use Board members to please get their comments to him by August 9, 2006.

2. Mayor Dempski announced the AJR property has been farmland preserved the settlement was in.
 
PUBLIC COMMENT: No public comment offered.

ADJOURNMENT: 11:10 p.m.
With no further business before the board and no public comment offered the meeting was adjourned.

Margaret Housman, Secretary
Washington Township LUB