TOWNSHIP OF WASHINGTON
WARREN COUNTY
LAND USE BOARD

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

MINUTES
MARCH 30, 2005

Board member P. Iwaniszyn chaired the meeting and 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: Mayor Dempski, Mr. Howell, Mr. Strunk, Mr. Sodtalbers, Mr. Rossi, Mr. Iwaniszyn, Ms. Pietrangelo, Mr. Birkner, Ms. Belz.

Members Absent: Mr. Klingel, Ms. Pflugh

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

MINUTES: A motion to approve the minutes from the March 9, 2005 meeting as written was made by Mayor Dempski, seconded by Mr. Sodtalbers, Vote: Dempski, Sodtalbers, Howell, Strunk, Iwaniszyn, Pietrangelo, Birkner - Ayes, 0 - Nay, Rossi, Belz - Abstain, motion carried.

COMPLETENESS:

1. Percarpio - WTPB#2004-34 - Second Completeness review for a Minor Subdivision for Block 23, Lot 11. This application was deemed incomplete on December 15, 2004.

    A motion to deem the application complete was made by Mr. Strunk, seconded by Mr. Sodtalbers, Vote: Strunk, Sodtalbers, Dempski, Howell, Rossi, Iwaniszyn, Birkner  - Ayes, Pietrangelo, Belz - Abstain, 0 - Nay, motion carried. This application has been scheduled for public hearing on May 11, 2005.

2. Martron LLC - WTPB#2005-4 - Second Completeness review and request for public hearing for a Bulk Variance and Minor Site Plan review for Block 64, Lot 11. This application was deemed incomplete on February 23, 2005. A motion to deem the application complete with waivers granted for completeness was made by Mr. Howell, seconded by Mayor Dempski, Vote: Howell, Dempski, Strunk, Sodtalbers, Rossi, Iwaniszyn, Pietrangelo, Birkner, Belz - Ayes, 0 - Nay, 0 - Abstain, motion carried. The public hearing for this application was opened and rescheduled for April 27, 2005.  

RESOLUTIONS:

1.  R. Woolf - WTPB#2005-3 - Resolution for a Minor Subdivision application for Block 27, Lot 14. This application was approved on March 9, 2005. A motion to approve the resolution to grant Minor Subdivision approval was made by Mayor Dempski, seconded by Mr. Sodtalbers, Vote: Dempski, Sodtalbers, Howell, Strunk, Iwaniszyn, Birkner - Ayes, 0 - Nay, 0 - Abstain, motion carried.

2.  Ed Mark 31 - WTPB#2004-12 - Resolution granting an extension for Block 65, Lot 8.03. Attorney A. Lowcher and Attorney S. Gruenberg agreed a resolution for this application would not be required.

3.  J. Hackett - WTPB#2004-26 - Resolution of denial of appeal of zoning officer denial of the Zoning permit. The Board Planner requested more time to review the resolution.

COMMUNICATIONS:

1.  F. Phelps - WTPB#2004-35 - Letter by the applicant requesting a new public hearing date of April 13, 2005, the Board confirmed the new date.

PUBLIC HEARINGS & DISCUSSION ITEMS:

1.  Dr. Zipf - WTPB#2004-32 - Public hearing for a Variance application for Block 48, Lot 7.06. Board members M. Rossi and D. Pietrangelo stepped down for the application.
     Attorney S. Gruenberg determined the Board had jurisdiction to proceed.
     Attorney S. Gruenberg swore in the applicant Dr. G. Zipf. Dr. Zipf briefly reviewed his application for the Board and submitted exhibits A-1 - A-4 photos and gazebo photos A-5. Chairman Iwaniszyn stated the applicant had built a 12 x 12 gazebo.

     Attorney S. Gruenberg asked the applicant if it was his intent to make the area more attractive with the gazebo, the applicant replied yes. Mayor Dempski asked the applicant if the entrance for the gazebo was only from the pool, the applicant replied yes. Chairman Iwaniszyn asked if there was any questions from the public at this time.

     Public Comment: there was no public comment offered.

     A motion to close the public hearing was made by Mr. Sodtalbers, seconded by Mayor Dempski, all ayes motion carried.

     A motion to grant Variance approval was made by Mr. Sodtalbers, seconded by Mayor Dempski, Vote: Sodtalbers, Dempski, Howell, Strunk, Iwaniszyn, Birkner, Belz - Ayes, 0 - Nay, 0 - Abstain, motion carried. Board members M. Rossi and D. Pietrangelo returned to the Board at this time.

2.  Blue Mt. LLC - WTPB#2004-20 - Continuation of a Public hearing from January 26, 2005 For Block 24, Lots 6.0, 6.02 & 6.03. Eligible to Vote: Iwaniszyn, Strunk, Sodtalbers, Klingel, Pietrangelo, Birkner. The applicant has requested an extension of time through April 2005.

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

3.  Trade Zone Auto - WTPB#2004-24 - Public hearing for a Preliminary Major Site Plan application with Variance relief for Block 79, Lot 7.06. Mayor Dempski and Mr. Strunk stepped down for the application. The applicant was represented by Attorney Michael  Selvaggi of Courter, Kobert & Cohen and Engineer and Planner Carlton Frost of Associated Consultants. Attorney S. Gruenberg determined the Board had jurisdiction to proceed.

      Attorney Gruenberg swore in applicant Charles Basile.

      Mr. Basile briefly described his business, he stated he owned a pre-owned car lot in Morristown and Budd Lake and Long Valley, NJ.

      Mr. Basile stated there was not enough space on his current location on Rt. 31.

      Mr. Basile stated  he required enough space for approximately 80 vehicles, 4 bays for in house repairs and preparing for retail sale.

      Mr. Basile stated his hours of operation would be M-F 9:00am - 8:00pm and Sat.9:00am - 5:00pm. Attorney M. Selvaggi reviewed the changes requested by Planner S. Doyle per her letter dated January 28, 2005.  Mr. Selvaggi stated the applicant is seeking a use variance to permit a pre-owned car dealership with an auto repair shop, in the HC zone. Mr. Selvaggi stated the applicant  is also seeking variance relief from existing non-conforming minimum lot size whereas 5 acres is required and 4.59 acres exists, minimum lot frontage whereas 300 feet is required and 200 feet exists, 15,000 sf of usable floor area should be provided of which 25% should be devoted to used car display and only 2,597 sf is proposed.

      Mr. Selvaggi stated the first two variances pertain to existing conditions on the property.

      Mr. Selvaggi stated the third variance sought, because the applicant’s business is modest in size. Mr. Selvaggi stated the proposal significantly reduces maximum building size and impervious coverage on the site which enables the property to be developed in a more environmentally sensitive manner.

PUBLIC COMMENT:

      Mr. Frank Cregan of 62 Merlin Drive.
      Mr. Cregan asked Mr. Basile where his dealership is located in Morristown, NJ.

      Mr. Basile stated the Morristown dealership is located at 164 Morris St., and has been at that location since 1977.

      Mr. Cregan stated he was a little confused about the exact proposed location of the                         application.

      Mr. Basile stated the proposed location is South of Woodland Auto Sales on Rt. 31.

      Board member Ms. Pietrangelo asked the applicant if he considered purchasing Woodland Auto Sales. Mr. Basile replied no he did not, that location is not owned by the tenant.

      Board member Mr. Birkner asked the applicant if he owned his current location on Rt. 31. Mr. Basile replied no he did not, he has a five year contract.

      Attorney S. Gruenberg swore in Engineer & Planner Mr. Carlton Frost of Associated Consultants which he has owned since 1970.

      Attorney M. Selvaggi submitted and reviewed exhibits A-2 -Letter dated 3-28-05 from the applicant’s attorney and B-4 Letter dated 1-28-05 from Planner S. Doyle.

      Engineer C. Frost stated because of the proposed smaller building there would be less negative impact and less impervious coverage. Mr. Frost stated there would be low level lighting, the lights would be hooded and dimmed to half power after hours for security purposes.  Mr. Frost stated there would be low level shrubs along the front and adequate site distance.

PUBLIC COMMENT:

      Mr. Frank Cregan of 62 Merlin Drive.
      Mr. Cregan stated he was opposed to the landscaping.

      Mr. Thomas Prisk of 5 Oxford Court.
      Mr. Prisk if there would be any limit to automobile sales.

      Planner S. Doyle stated her concern for the proposed size of the building being presented.

      Attorney S. Gruenberg asked Ms. Doyle her opinion on the property and was it particularly suited. Ms. Doyle stated she felt there would be substantial impairment of the zone plan and ordinance and there should be greater commitment to size and display mass.

      Mr. Basile stated his Budd Lake property has a 8,500sq.ft. Building and it is just too much,

      Used car dealerships don’t typically require large building space. Mr. Howell asked the Applicant if he has operated out of similar size buildings. Mr. Basille stated yes, his Long Valley site is only 2,200 sq.ft. Attorney M. Selvaggi usually less coverage would be more desirable. Mr. Iwaniszyn asked how far off the road would the cars be. Mr. Frost stated the cars would be 40ft. from the edge of the highway.

      Attorney S. Gruenberg briefly reviewed the bifurcated application which would deal with the variances first. A motion to approve the first variance for lot size was made by Ms. Pietrangelo, seconded by Mr. Rossi, Vote: Pietrangelo, Rossi, Howell, Sodtalbers, Iwaniszyn, Birkner, Belz - Ayes, 0 - Nay, 0 - Abstain, motion carried. A motion to approve

      The second variance for lot frontage was made by Mr. Howell, seconded by Mr. Sodtalbers, Vote: Howell, Sodtalbers, Rossi, Iwaniszyn, Pietrangelo, Birkner, Belz - Ayes, 0 - Nay, 0 - Abstain, motion carried. A motion to deny the third variance for display was made by Mr. Sodtalbers, seconded by Mr. Birkner, Vote: Sodtalbers, Birkner, Howell, Rossi, Iwaniszyn, Belz - Nay, Pietrangelo - Aye, 0 - Abstain, motion carried. A motion to grant    a conditional use was made by Ms. Belz, seconded by Mr. Rossi, Vote: Belz, Rossi, Howell- Ayes, Sodtalbers, Iwaniszyn, Pietrangelo, Birkner - Nay, 0 - Abstain, motion denied.

4.  Washington Estates - WTPB#2004-33 - Continuation of Public Hearing for a Preliminary Major Subdivision for Block 28, Lot 5.

      Attorney M. Hubner and Engineer N. Wunner represented the applicant. Mr. Hubner addressed remaining issues of city water and drainage. Mr. Wunner reviewed the proposed plans including new document A-2 or sheet #3 of the plans. Mr. Wunner stated the proposed road width increased from 18ft. to 20ft. Mr. Wunner stated the water company had been contacted and would provide an 8" line through the proposed development. The Washington Township Fire Co. Provided a letter dated March 28, 2005 from Fire Official Walter Cooper providing the fire hydrant location, 1 hydrant at the entrance of the subdivision. All other hydrants shall be spaced every 800 feet per Washington Township Fire Protection Code 64-32B (7). Mr. Wunner addressed concerns of the detention basin for Fairway Estates. Mr. Cilo stated he would like to analyze the pipe.

       Mayor Dempski asked if flooding were to occur who would be responsible. Attorney Gruenberg stated the homeowner’s association would have insurance.  Mr. Sodtalbers asked if it would be possible to have step swales to slow the water down to the detention area.Ms. Doyle suggested planting inside the basin, low plantings for easy maintenance. Mr. Wunner stated the basin would be lined and have grass and planting      could be a conditional of approval. Ms. Pietrangelo asked if there would be vegetation other than grass, Ms. Doyle said yes. Mayor Dempski stated the easement should come in from Mine Hill Road to minimize damage to the lawns. Ms. Doyle asked if the applicant  Intends to include the berm in an easement, Mr. Wunner stated the berm is in the easement now, the berm is 6 feet wide.

       Attorney S. Gruenberg suggested additional time for the application for Mr. Cilo to review the drainage, the application will continue on April 27, 2005.

5.   ORDINANCE REVIEW:

       Mayor Dempski presented his review of an ordinance amending, revision and supplementing Chapter 3 of the code of the Township of Washingtion entitled “Affordable Housing” and Washington Township, Warren County  Growth Projections.

ADJOURNMENT: 11:25p.m.

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

Respectfully Submitted,
Margaret Housman
LUB Secretary