TOWNSHIP OF WASHINGTON
WARREN COUNTY
LAND USE BOARD

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

MINUTES
JUNE 8, 2005

Chairman K. 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. Klingel, Ms. Pflugh, Mr. Iwaniszyn (8:00pm) Ms. Pietrangelo, Mr. Birkner

Members Absent: Mr. Howell, Mr. Rossi, Ms. Belz

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

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

MINUTES: A motion to approve the  minutes from the May 11, 2005 Land Use Board meeting was made by Mayor Dempski, seconded by Mr. Strunk, Vote: Dempski, Strunk, Sodtalbers, Pflugh, Birkner - Ayes, 0 - Nay, 0 - Abstain, motion carried.

COMPLETENESS:

1.  Taylor/Foltzer - WTPB#2005-22 - Completeness for a Minor Site Plan application for Block 45, Lot 14 located on Butler’s Park Road. A motion to deem the application incomplete was made by Mr. Klingel, seconded by Mayor Dempski, Vote: Klingel, Dempski, Strunk, Sodtalbers, Pflugh, Pietrangelo, Birkner - Ayes, 0 - Nay, 0 - Abstain, motion carried.

RESOLUTIONS:

1.  Washington Township Realty Co./Ocino - WTPB#2005-9 - Resolution for Preliminary  and Final Site Plan approval granted on May 11, 2005 for Block 64, Lot 16.

A motion to approve was made by Mayor Dempski, seconded by Mr. Birkner,

Vote: Dempski, Birkner, Pflugh - Ayes, 0 - Nay, 0 - Abstain, motion carried.

2.   L. Shade - WTPB#2005-21 - Resolution for Variance approval granted on May 25, 2005 for Block 67, Lot 57.02. A motion to approve was made by Mr. Klingel, seconded by Ms. Pietrangelo, Vote: Klingel, Pietrangelo, Dempski, Strunk, Sodtalbers, Iwaniszyn, Pflugh - Ayes, 0 - Nay, 0 - Abstain, motion carried.

3.  Washington Estates/Nottingham LLC - WTPB#2004-33 - Resolution for a Preliminary Major Subdivision approval granted on May 11, 2005 for Block 28, Lot 5. A motion to approve was made by Mayor Dempski, seconded by Mr. Birkner, Vote: Dempski, Birkner, Sodtalbers, Strunk - Ayes, 0 - Nay, 0 - Abstain, motion carried.

PUBLIC HEARINGS & DISCUSSION ITEMS:

1.  A. Tambasco - WTPB#2005-17 - Public hearing for a Variance application for Block 81 Lot 7. This application was deemed complete on May 11, 2005. Mr. Birkner stepped down for this application. Attorney S. Gruenberg reviewed the advertising and announced the Board had jurisdiction to proceed with the application. Mr. Tambasco stated his name and described for the Board his existing garage and stated it was not functional. Mr. Tambasco stated his truck could not fit into the current garage and he would like to enlarge it to 28 x 30 feet. Mr. Tambasco stated his neighbors had no concerns and this would allow him to park his truck in the garage instead of the driveway. The following exhibits were submitted A-1 - A-4 Architectual drawings, A-5 Photographs of the current property.

Mr. Tambasco stated he would remove his old shed if he is granted approval for the variance.

Public Comment:

Mr. Birkner of 61 New Hampton Road.

Mr. Birkner stated he is a neighbor of Mr. Tambasco and had no issues with the enlargement of the garage. Mr. Birkner stated the large trees on Mr. Tambasco’s lot would provide an adequate buffer. A motion to close the public hearing was made by Mayor Dempski, seconded by Mr. Klingel, all ayes motion carried.

A motion to approve was made by Mr. Klingel, seconded by Ms. Pietrangelo,

Vote: Klingel, Pietrangelo, Dempski, Strunk, Sodtalbers, Pflugh - Ayes, 0 - Nay, 0 - Abstain, motion carried. Mr. Birkner returned to the Board at this time.

2.  Tractor Supply - WTPB#2005-19 - Second completeness review and Public hearing for a Site Plan application for Block 22, Lot 3.14, 3.15, 3.16. This application was deemed incomplete on May 11, 2005. Mayor Dempski and Mr. Strunk stepped down for this application.

Attorney A. Lowcher stated the remaining items for completeness had been submitted for completeness. A motion to deem the application complete was made by Mr. Klingel, seconded by Mr. Iwaniszyn, Vote: Klingel, Iwaniszyn, Sodtalbers, Pflugh, Pietrangelo, Birkner - Ayes, 0 - Nay, 0 - Abstain, motion carried. Attorney A. Lowcher briefly reviewed the application before the Board and stated the application was a retail and permitted use, requires an outdoor display area which is not permitted in the HC zone. Attorney S. Gruenberg swore in witness Mr. Steven Halliday who is District Manager of Tractor Supply and Engineer Alan Thomson, Planner and Engineer from Van Cleef, Engineering. Attorney A. Lowcher stated the applicant would be occupying the half of the existing site. Engineer Alan Thomson briefly reviewed for the Board Exhibit A-1 showing the existing site. Mr. Thomson stated the applicant would be reconfiguring the existing loading dock, constructing an outdoor display area, addressing drainage, constructing a fence for the outdoor display area. Mr. Thomson stated there would be limited landscaping for the site. Mr. Thomson stated the applicant would be using a 200sq. ft. wall sign, traffic circulation would have to be addressed and new loading space in the rear of the building. Mr. Thomson stated existing drywells on the highway side would be for stormwater management and a complete collection system is proposed using existing inlets.

Attorney S. Gruenberg asked how the lighting in the back of the building will be screened for residential lots. Mr. Thomson explained the lights would be below the houses because of existing grade. Chair, Kerry Pflugh asked if the proposed sign would be larger than the old Ames sign. Mr. Thomson stated the sign would be similar in size. Attorney A. Lowcher stated the signage would not be addressed tonight. Ms. Pflugh asked how the sink holes would be dealt with, Mr. Thomson stated they would be repaired.

Planner S. Doyle asked if the impervious coverage would be increasing, Mr. Thomson stated the existing parking is in excess, we would be reducing the parking by 58 spaces.

Mr. Thomson stated all outdoor display area would be limited to what is shown on the plan.

Planner S. Doyle stated the wall sign would be in excess of the ordinance and would there be enough signage for the other tenant. Engineer J. Cilo stated the proposed 250 watts of security lighting in the rear would be excessive and should be reconsidered, Mr. Cilo suggested wall mounted lights. Mr. Thomson stated the stormwater calculations would be provided, Engineer J. Cilo suggested the underground pipes also be inspected, Mr. Thomson stated the current drainage would be improved. Attorney S. Gruenberg reviewed a list of issues requiring additional information, more information on fencing, outside area, geotechnical remediation, corals for carts, parking calculations. No further testimony was given.

The applicant will return on July 13, 2005 without further notice being required. Mayor Dempski and Mr. Strunk returned to the Board at this time.

3.  McCullough Road - WTPB#2005-14 - Public hearing for a Preliminary Major Subdivision application for Block 47, Lot 9. This application was deemed complete on April 27, 2005.

The applicant was represented by Attorney A. Lowcher and Engineer Jess Symonds of Biggs Engineering. Attorney S. Gruenberg stated he had reviewed the advertising and determined the Board had jurisdiction to proceed. Attorney A. Lowcher briefly addressed Planner S. Doyle’s completeness letter dated May 23, 2005. Attorney Lowcher stated the plans were revised to address Ms. Doyle’s completeness letter and Exhibit A-1 Revised Plans were reviewed and discussed. Attorney Lowcher reviewed sheet 2 of 17 showing lot requirements, 9 lots will access the cul-de-sac and lot 9.09 will access Changewater Rd.

Attorney Lowcher stated the RSIS and stormwater is based on an 18ft. road width, Mr. Cilo stated the Board would prefer a 20ft. road width. Attorney Lowcher stated the County of Warren does not want curbing, Engineer J. Biggs stated the trend is away from curbing.

Attorney A. Lowcher stated the applicant will form a single purpose homeowners association to maintain the detention basin and establish a $500.00 sinking fund.

Mayor Dempski stated homeowners associations are hard to track. Engineer J. Biggs stated a landscaping plan will be submitted for the wetlands basin, nine lots will function off the basin and will contribute $200.00 per lot. Engineer J. Biggs stated he will provide a comprehensive grading plan to the satisfaction of the Board Engineer.

Attorney A. Lowcher stated he would like to return with the revisions and additional information on July 13, 2005, the Board agreed. 

4.  T. Donoghue - WTPB#2005-15 - Public hearing for a Minor Subdivision application for Block 45, Lot 14.05. This application was deemed complete on April 27, 2005.

The applicant was represented by Attorney A. Lowcher and Engineer Jess Symonds of Biggs Engineering. Attorney S. Gruenberg stated the advertising had been reviewed and the Board has jurisdiction to proceed. Engineer J. Symonds was sworn in by Attorney S. Gruenberg.  Attorney A. Lowcher briefly described the Minor Subdivision application which would be creating two flag lots with one common driveway which is shown on Exhibit A-1 General Development plan showing the proposed lots. Engineer J. Biggs reviewed the farm lane shown on the plan which would serve 3 single family dwellings.

Attorney A. Lowcher stated there would be improvements made on the common driveway, and the flag stem would be 98ft. wide and be divided in half. Attorney Lowcher briefly reviewed other existing approved flag lots in the Township, Photograph Exhibits A-3 Meadowbreeze Land and A-4 Kayharts Lane. Planner S. Doyle stated the owner of lot 14.06 would now have (2) homes behind them with front yard septics.

Public Comment:

Mr. Scott Backer of 15 McCullough Road.

Attorney S. Gruenberg swore in Mr. Backer.

Mr. Backer stated he had concerns of the quality of life for this area.

Mr. Backer stated he had drainage concerns from the driveways.

Attorney Lowcher stated driveway designs would be submitted per Mr. Cilo’s specifications.

Mr. Lowcher stated no further development of lot 14 could be done without Board approvals.

Mr. Strunk asked if the homes could be built without the variance, Mr. Thomson said yes there would be two lots.

Attorney S. Gruenberg swore in Mr. and Mrs. S. Ours of 17 McCullough Road.

Mrs.Ours stated more homes would impact the rural quality of the area.

Mr. Ours briefly reviewed the water run off patterns for the area.

Mr. Ours suggested limiting  the development of the back lands.

A motion to close the public hearing at this time was made by Mr. Klingel, seconded by Ms. Pietrangelo, all ayes motion carried.

Attorney S. Gruenberg reviewed the variances: minimum frontage of 50ft./proposed 47.52ft. Width of flagstem to be 50ft./ less than 50ft., Flag lot requirement not being closed than 500ft. Attorney S. Gruenberg reviewed the positive and negative criteria.

Mr. Strunk stated the only benefit would be economic from the subdivision but is not a criteria, the property could be developed as one lot. Mr. Strunk stated he felt the applicant had not established any positive criteria and did not establish a hardship. Ms. Pietrangelo stated she had concerns we creating a flag lot on a flag lot which is considered poor planning. Ms. Pflugh stated she agreed with Mr. Strunk and Ms. Pietrangelo.

Mr. Strunk stated the flag stems not being far enough should be considered negative criteria.

Mr. Strunk stated there is a visual impact with flag lots and Mr. Backers concerns of drainage. A motion to deny based on the reasons of discussion was made by Mr. Strunk, seconded by Ms. Pietrangelo, Vote: Strunk, Pietrangelo, Dempski, Sodtalbers, Klingel, Iwaniszyn, Pflugh, Birkner- Ayes, 0 - Nay, 0 - Abstain, motion carried, application denied.

5.  Hawk Pointe/Asbury Farms - WTPB#2005-18 - Second completeness review and request for Public Hearing for Block 65,  Lot 2. This application was deemed incomplete on May 25, 2005. The applicant was represented by Attorney L. Tubman, Ms. Tubman stated the only remaining issue for completeness was a landscaping plan which has been submitted to Mr. Cilo’s office. A motion to deem the application complete was made by Mr. Iwaniszyn, seconded by Mr. Klingel, Vote: Iwaniszyn, Klingel, Dempski, Strunk, Sodtalbers, Pflugh, Pietrangelo, Birkner - Ayes, 0 - Nay, 0 - Abstain, motion carried.

Attorney S. Gruenberg stated the advertising had been reviewed and was determined the Board has jurisdiction to proceed. Attorney L. Tubman reviewed the application for an expansion of the existing clubhouse. The applicant was also represented by Engineer James Baumgartner of Gladstone Design. Mr. Baumgartner was swore in by Attorney S. Gruenberg and quickly reviewed his credentials. Engineer J. Baumgartner submitted and discussed Exhibit A-1 Overall track exhibit plan and Exhibit A-2 Existing and Expansion of the Clubhouse. Mr. Baumgartner stated the expansion would use the existing stormwater system. Mr. Baumgartner stated the existing clubhouse is approximately 9,000 square feet with the proposed expansion the clubhouse would be approximately 21,000 sq.ft.

Mr. Baumgartner stated he had no problem with Ms. Doyle’s letter dated June 6, 2005

Exhibit B-1 regarding landscaping and Mr. Cilo’s letter B-2 dated June 6, 2005.

Mr. Baumgartner stated they would also comply with substantial geoscience testing at the site and treatment works approval. Mayor Dempski stated the Township Committee would send the resolution to the DEP.

Public Comment - No public comment was offered.

Attorney S. Gruenberg swore in Architect, Steven McMahon and Traffic Engineer Douglas

Polyniak of Gary Dean and Associates reviewed their credentials and discussed the following exhibits.  Exhibits A-3 Furniture plan and The New Entrance, Exhibit A-4 Architectural plans of the interior, Exhibit A-5 and A-6 Exterior elevations.  Mr. Polyniak reviewed the new parking plan which will have one space for every three seats in the banquet hall, one hundred spaces plus sixty six spaces for golf. Attorney S. Gruenberg swore in the applicant Mr. Richard Cotton of Asbury Farms, Mr. Cotton reviewed the parking concerns for the Board and explained the overflow area. 

Ms. Tubman stated the application is in full compliance with the exception of Item #1 and Item #14 of Mr. Cilo’s letter Ms. Tubman stated sometimes the DEP may take additional time for Item #14, a developers fee will be provided, landscaping plan, architectural plans and developers agreement, bonds will be posted.. Mr. Baumgartner stated any geotechnical issues would addressed on site. No public comment was offered.

A motion to approve was made by Mr. Klingel, seconded by Mr. Iwaniszyn, Vote: Klingel, Iwaniszyn, Strunk, Sodtalbers, Pflugh, Pietrangelo, Birkner - Ayes, 0 - Nay, 0 - Abstain, motion carried.

ADJOURNMENT: 12: 15 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