TOWNSHIP OF WASHINGTON
WARREN COUNTY
LAND USE BOARD

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

MINUTES
MARCH 9, 2005

The meeting will begin at 7:20 p.m.
Formal action may be taken at this meeting.

The Land Use Board meeting was called to order by Mr. Iwaniszyn.

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. Iwaniszyn, Ms. Pietrangelo, Mr. Birkner, Mr. Klingel (7:45p.m.)

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

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

MINUTES: A motion to approve the minutes of February 23, 2005 with changes was made by Mr. Dempski, seconded by Mr. Birkner, Vote: Dempski, Birkner, Strunk, Iwaniszyn - Ayes,

0 - Nay, Howell, Sodtalbers, Pietrangelo - Abstained, motion carried.

COMPLETENESS:

1.   Ocino Restaurant - WTPB#2005-9 - Completeness for an amended Preliminary and Final Major Site Plan application for Block 64 Lot 13. A motion to deem the application Complete was made by Mr. Strunk, seconded by Mayor Dempski, Vote: Strunk, Dempski, Howell, Sodtalbers, Klingel, Iwaniszyn, Pietrangelo, Birkner - Ayes, 0 - Nay, 0 - Abstain, All ayes, motion carried. This application has been scheduled for public hearing on April 13,   2005

2.   Washington Storage LLC - WTPB#2005-6 - Completeness for a Minor Subdivision Application for Block 66, Lot 20.02. 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, Klingel, Iwaniszyn, Birkner - Ayes, 0 - Nay, Pietrangelo - Abstained, motion carried. This application has been scheduled for public                  hearing on April 13, 2005.

3.   Heron Run - WTPB#2005-1 - Completeness for a Major Subdivision application for Block 82, Lot 17. A motion was made to deem the application incomplete was made by Mr. Iwaniszyn, seconded by Ms. Pietrangelo, Vote: Iwaniszyn, Pietrangelo, Dempski, Howell, Sodtalbers, Klingel, Birkner - Ayes, 0 - Nay, 0 - Abstain, motion carried. This application has been scheduled for completeness and public hearing on April 13, 2005.

4.   P. Graham - WTPB#2005-8 - Completeness for a “C” Variance application for Block 40.02, Lot 5. A motion to deem the application complete with waivers granted for Completeness only was made by Mr. Strunk, seconded by Mr. Sodtalbers, Vote: Strunk, Sodtalbers, Dempski, Howell, Klingel, Iwaniszyn, Pietrangelo,Birkner - Ayes, 0 - Nay, 0 - Abstain, motion carried. This application has been scheduled for public hearing on April 13, 2005.

RESOLUTIONS:

1.   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. This application was  Approved on December 15, 2005. Eligible to Vote: Klingel, Sodtalbers, Pflugh, Iwaniszyn, Rossi. A motion to approve a resolution with changes was made by Mr. Iwaniszyn, seconded by Mr. Sodtalbers, Vote: Iwaniszyn, Sodtalbers, Klingel - Ayes, 0 - Nay, 0 - Abstain, motion carried.

2.   Heights Equities - WTPB#2004-29 Resolution for a Use Variance application for Block 40, Lot 87.01. This application was denied on December 15, 2005.

      Eligible to Vote: Sodtalbers, Iwaniszyn. A motion to approve a resolution for denial was made by Mr. Sodtalbers, seconded by Mr. Iwaniszyn, Vote: Sodtalbers, Iwaniszyn - Ayes, 0 - Nay, 0 - Abstain, motion carried.

3.   Ed Mark 31 - WTPB#2005-2 - Resolution for Amended Preliminary and Final Major Site Plan approval and Minor Subdivision approval for Block 65, Lot 8.03.  This application was approved on February 23, 2005. Eligible to Vote: Dempski, Strunk, Klingel, Iwaniszyn, Pflugh, Pietrangelo, Birkner, Belz
      A motion to approve a resolution was made by Mr. Strunk, seconded by Ms. Pietrangelo, Vote: Strunk, Pietrangelo, Klingel, Iwaniszyn, Birkner - Ayes, 0 - Nay, 0 - Abstain, motion carried.

PUBLIC HEARINGS & DISCUSSION ITEMS:

1.  Dr. Zipf - WTPB#2004-32 - Public hearing for a Variance application for Block 48,

     Lot 7.06 located on Saddlebrook Dr.  This application was deemed complete on February 9, 2005. Attorney S. Gruenberg determined that adequate notice had not been served and the Board did not have jurisdiction to proceed with the application. This application has been rescheduled for March 30, 2005.

2.  R. Woolf - WTPB#2005-3 - Public hearing for a Minor Subdivision application for Block 27, Lot 14 located on Kinnaman Ave. This application was deemed complete on February 9, 2005. Board member D. Pietrangelo recused herself for this application.

     The applicant was represented by Attorney Thomas Stover and Engineer Nevitt Duveneck of Finelli Consulting Engineers, Inc. Attorney S. Gruenberg swore in Engineer N. Duveneck. Mr. Duveneck gave the Board a brief view of the application, Mr. Duveneck stated the applicant proposes to create one new building lot with a remaining lands lot for a total of two lots. The Board had a brief discussion of how the conservation easement      would be marked so the applicant could continue farming. Mr. Strunk stated the easement should be in the deed, the resolution and the survey which the zoning officer would monitor.

      The Board agreed the conservation easement should be marked by iron pins, not trees.

      Mr. Duveneck stated the pins would be added to the drawing. Mr. Strunk stated the driveways should have internal turn arounds. Ms. Doyle briefly discussed the need for trees being planted. Mr. Stover stated the trees could be put in but they could also be moved or removed by the owners. Mr. Stover suggested the builder be required to plant the trees.

      Mr. Duveneck stated the homes are substantial homes and would be have substantial                      landscaping. Mr. Stover stated the trees should be done with the CO.

      Mr. Strunk stated the road department requests any trees planted should be fifteen to twenty feet in from the edge of road pavement. Mr. Duveneck concluded the review of Mr. Cilo’s  March 5, 2005 report. Engineer J. Cilo suggested all items required should be listed in the deed description.

PUBLIC COMMENT:

      Ms. D. Pietrangelo of 6 Foundry Lane,
      Ms. Pietrangelo stated her deed included what could and could not be done on the conservation easement. Ms. Pietrangelo stated she was glad to see the issue of trees being handled and being taken care of prior to construction. No further public comment was offered.

      Mr. Duveneck stated Mr. Woolf would like to continue to farm the land until anything is developed, and would not want to be restricted which he currently has rights to now.

      Mayor Dempski stated he would be exempt from the wetlands issues because of the right To farm act. Attorney S. Gruenberg explained enforcement of the conservation easement.

      No further public comment was offered. A motion to close the public hearing was made by Mayor Dempski, seconded by Mr. Sodtalbers, all ayes motion carried. Attorney S. Gruenberg  Reviewed the conditions of approval, prior to the issuance or zoning clearance. A motion to approve was made by Mr. Sodtalbers, seconded by Mayor Dempski, Vote: Sodtalbers,

      Dempski, Howell, Strunk, Klingel, Iwaniszyn, Birkner - Ayes, 0 - Nay, 0 - Abstain, motion carried. Board member D. Pietrangelo returned to the Board at this time.          

BREAK: 9:15 - 9:25 p.m.

CONCEPTUAL PLANS:

1.  Floyd Opdyke - WTPB#2005-5 - Conceptual plan for Block 67, Lots 60, 59 & 58 located on Mill Pond Road. Attorney R. Skoog briefly described the lot sizes for the proposed area,

     Which would include two conforming 5 acre lots and one non-conforming 4.2 acre lot which would require a bulk variance. The Board agreed an investigation of the slope would need to be provided for review.

2.  Manekin LLC - WTPB#2005- Conceptual plan for Block 71, Lot 5 and Block 76,  Lot 4 located on Rymon and West Asbury Anderson Road. Attorney J. Kobert briefly described two separate conceptual plans which would include a proposed shopping center and age restricted housing. Mr. Kobert stated the commercial site would be built out under the HC  Zone for commercial retail space which would include box stores. Engineer K. Haney of    Bohler Engineering, P.C. briefly reviewed the fiscal impact to Washington Township and the concept plan for age restricted housing which would include over 200 units. Mayor Dempski suggested the concept plan be shown to the Township committee and would have to include a wastewater management plan.

EXECUTIVE SESSION: 10:25 - 10:40 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 Mr. Iwaniszyn, seconded by Mr. Klingel, all ayes, motion carried.

ADJOURNMENT: 10:50 P.M.

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

Respectfully Submitted,
Margaret Housman
LUB Secretary