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TOWNSHIP OF WASHINGTON
WARREN COUNTY
LAND USE BOARD
Municipal Offices 350 Route 57 West
(908) 689-7209 Washington, NJ 07882
MINUTES
MAY 11, 2005
Chairman K. Pflugh called the meeting to order at 7:35p.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, Mr. Iwaniszyn, Ms. Pflugh, Mr. Birkner, Ms. Belz
Members Absent: Ms. Pietrangelo, Mr. Klingel, Mr. Howell
Also Present: Attorney S. Gruenberg, Planner S. Doyle, Engineer J. Cilo Jr.
CORRESPONDENCE: A list was submitted to the Land Use Board members.
MINUTES: A motion to approve the minutes from the April 13, 2005 meeting was made by Mr. Rossi, seconded by Mayor Dempski, all ayes motion carried.
COMPLETENESS:
1. Bay Storage/A. McClement - WTPB#2005-11 - Second review for completeness for a
Site Plan application for Block 40, Lot 14.01, located at 218 Route 31 North.
No action was taken on this application.
2. Tractor Supply Company - WTPB#2005-19 - First review for completeness for a Site Plan application for Block 22, Lots 3.14, 3.15 & 3.16, located at 396 Route 57 West.
Mayor Dempski and Mr. Strunk stepped down for the application. Attorney A. Lowcher represented the applicant. Attorney Lowcher briefly reviewed the application for the Board. Mr. Lowcher reviewed Planner S. Doyle’s letter dated May 4, 2005.
A motion was made by Mr. Sodtalbers, seconded by Mr. Rossi to deem the application incomplete per Ms. Doyle’s May 4, 2005 review letter, Vote: Sodtalbers, Rossi, Pflugh, Birkner, Belz - Ayes, 0 - Nay, 0 - Abstain, motion carried. Mayor Dempski and Mr. Strunk returned to the Board at this time.
3. Hawk Pointe/Asbury Farms - WTPB#2005-18 - First review for completeness for a Site Plan application for Block 65, Lot 2, located at 294 Route 31 South. This application has been rescheduled for May 25, 2005 at the request of Planner S. Doyle.
4. Anthony Tombasco - WTPB#2005-17 - First review for completeness for a “C” Variance application for Block 81, Lot 7, 70 New Hampton Road. Mr. Birkner stepped down for the application. A motion to deem the application complete with waivers granted for completeness only was made by Mr. Strunk, seconded by Ms. Belz, Vote: Strunk, Belz, Dempski, Sodtalbers, Rossi, Pflugh -Ayes, 0 - Nay, 0 - Abstain, motion carried.
This application is scheduled for public hearing on June 8, 2005. Mr. Birkner returned to the Board at this time.
RESOLUTIONS:
1. J. Hackett - WTPB#2004-26 - Resolution for denial of an appeal of the Zoning Officer denial of Zoning Permit for Block 43, Lot 23. Eligible to Vote: Pietrangelo, Klingel, Iwaniszyn, Pflugh. This resolution will be reviewed on May 25, 2005.
PUBLIC HEARINGS & DISCUSSION ITEMS:
1. Washington Estates/Nottingham LLC - WTPB#2004-33 - Conclusion of a Public Hearing for a Preliminary Major Subdivision application for Block 28, Lot 5. The applicant’s Attorney Michael Hubner and Engineer Nicholas Wunner reviewed all conditions for the resolution. The public hearing was closed at this time.
Eligible to Vote: Dempski, Strunk, Sodtalbers, Rossi, Birkner, Belz
A motion to approve was made by Mr. Sodtalbers, seconded by Mr. Birkner,
Vote: Sodtalbers, Birkner, Dempski, Strunk, Rossi, Belz - Ayes, 0 - Nay, 0 - Abstain, motion carried.
2. Pear Tree Realty Inc. - WTPB#2005-10 - Public hearing for a “C” Variance application for Block 15, Lot 8.09. This application was deemed complete on April 9, 2005.
The applicant was represented by Attorney Richard Russo and Mr. Barry Bourquin of Pear Tree builders. Attorney S. Gruenberg determined the Board had jurisdiction to proceed with the public hearing and swore in Mr. Bourquin, Mr. Bourquin reviewed for the Board the reason for the application. Mr. Bourquin stated the existing condition is a side yard setback of approximately 27.50 feet. Mr. Bourquin stated the porch which violates the 30 foot side yard setback was not included in the original house plans and was added by the builder without the benefit of a survey stakeout.
A motion to approve was made by Mr. Rossi, seconded by Mayor Dempski, Vote: Rossi, Dempski, Strunk, Sodtalbers, Pflugh, Birkner Belz - Ayes, 0 - Nay, 0 - Abstain, motion carried.
3. Washington Twp. Realty Co./Ocino - WTPB#2005-9 - Continuation of a Public Hearing for a Preliminary and Final Site Plan application for Block 64, Lot 16. The applicant was represented by Engineer James Baumgartnerof Gladstone Design and Attorney Renu Shevade. Mr. Baumgartner briefly discussed Exhibit A-2 Plan & A-5 Same plan with overlay, from the previous meeting. Mr. Baumgartner stated the stormwater management was discussed with Engineer J. Cilo Jr. and Soil Conservation. Mr. Baumgartner discussed exhibits A-6 sign option A & A-7 sign option B, after a brief discussion the Board agreed they preferred a shorter version of A-7 option B, 8ft. In height. Mr. Strunk asked why would you require a second sign? Mr. Baumgartner stated a second sign would help with the site location because of issues with the northbound traffic not seeing the driveway. The Board proceeded in a lengthy discussion regarding lighting. Planner S. Doyle reminded the Board there are five lights in the rear of the property not three that are wrong. Ms. Doyle stated the Board approved frosted glass not what was currently being used, the fifty watt bulbs should be frosted. Mr. Strunk stated the lights should be shielded to prevent neighbors glare and should project downward. Mr. Sodtalbers suggested maybe the lights do not comply with the original plan. Mr. Strunk stated you should not be able to see the light, if frosting doesn’t work the light should be shielded. Mayor Dempski suggested the lighting should be dimmed before 2:00am.
Engineer J. Cilo suggested the rear entrance lights be dimmed because they were more severe.
Attorney S. Gruenberg stated the lighting must meet with the approval of the Township’s professionals and comply with the ordinance.
Public Comment:
Attorney S. Ours represented the neighbor’s the Taylors, Mr. Taylor stated the lights in the front on South Lincoln are on all night.
Mr. Frank Cregan of 62 Merlin Drive.
Mr. Cregan stated a condition was to have the sign torn down.
Mr. Baumgartner stated the sign was needed for the North Bound traffic.
Mr. Cregan asked if three signs would set a precedence.
Mr. Baumgartner stated Burger King has five signs
Mr. Cregan asked if the sign would be illuminated.
Mr. Baumgartner stated the sign would be externally lite.
The Manager of Ocino stated 97% of his business is in the evening, however the state mandates you close at 2:00a.m.
The public hearing was closed at this time.
Attorney S. Gruenberg briefly reviewed the variances for the application.
A motion to grant “Option B” for signage was made by Mr. Birkner, seconded by Mr. Rossi, Vote: Birkner, Rossi, Dempski, Pflugh - Ayes, Strunk - Nay, Sodtalbers, Belz - Abstain, motion carried. A motion to grant site plan approval was made by Mayor Dempski, seconded by Mr. Rossi, Vote: Dempski, Rossi, Strunk, Pflugh, Birkner - Ayes, 0 - Nay, 0 - Abstain, motion carried.
BREAK: 10:30 - 10:40 p.m.
4. Heron Run/M. Spann - WTPB#2005-1 - Continuation of a Public Hearing for a Major Subdivision with Variance relief for Block 82, Lot 17. Eligible to Vote: Dempski, Howell, Strunk, Klingel, Pflugh, Rossi, Pietrangelo.
Attorney J. Kobert briefly reviewed where the Board left off at the last meeting regarding tenant housing. Engineer Mr. Ritter briefly reviewed sketch A-4 showing the actual floor area of the Barn. Attorney S. Gruenberg reviewed for the Board the ordinance regarding farms.
Applicant, M. Spann stated there would be 36 acres to be used by the farm, Mr. Spann stated he is a breeder of pure bred New Jersey heifers which he raises for sale.
Mr. Sodtalbers stated a gross income of $2500.00 per year qualifies as a commercial farm, and if the commercial farming were to change it could jeopardize the tenant house.
PUBLIC COMMENT:
Mr. Gordon Wallace of 43 New Hampton Road.
Mr. Wallace asked how the applicant received zoning approval and how was the apartment built.
Attorney S. Gruenberg stated enforcement was a zoning issue for the Township Zoning officer.
Mr. Eric Crab of Musconetcong River Road.
Mr. Crab asked how the Board could proceed with this issue.
Mr. Scott Krause of 100 Musconetcong River Road.
Mr. Krause asked why he wasn’t alerted to the application.
No further public comment was offered.
Mayor Dempski explained to the applicant he would be notifying the zoning officer concerning the tenant apartment issue.
This application will resume on May 25, 2005 due to the late hour.
5. Washington Storage - WTPB#2005-6 - Continuation of a Public Hearing for a Minor Subdivision application for Block 66, Lot 20.02. This application was rescheduled from April 13, 2005 to May 25, 2005 without further notice being required or any testimony given.
6. Percarpio - WTPB#2004-34 - Public hearing for a Minor Subdivision application for Block 23, Lot 11. This application was deemed complete on March 30, 2005. This application was rescheduled for May 25, 2005 at the request of the applicant.
7. Citizens Advisory Board:
Mayor Dempski requested the Board members address their questions and concerns in writing to him.
ADJOURNMENT: 11:25p.m.
With no further business before the Board and no further public comment the meeting was adjourned.
Respectfully Submitted,
Margaret Housman
LUB Secretary
