TOWNSHIP OF WASHINGTON
WARREN COUNTY
LAND USE BOARD

MINUTES
REVIEW MEETING
MAY 24, 2006

Chairwoman Pietrangelo called the joint meeting of the Land Use Board and the Township committee.

ADEQUATE NOTICE was given as follows: Notice was sent to the “Star Gazette” and “Express Times” on January 12, 2006. 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, 2006.

ROLL CALL:

Members Present: Mayor Dempski, Mr. Strunk, Mr. Iwaniszyn, Ms. Pietrangelo, Mr. Sodtalbers, Mr. Zaret, Committeeman B. Mueller and M. Kovacs

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

Also Present: Planner S. Doyle

DISCUSSION ITEMS:

Ms. Christine Danis and Mr. Dante Di Pirro from the Highlands Council briefly discussed planning issues regarding the Highlands Water Protection and Planning Act.

Status of the Masterplan
Where were headed
Overview of the Regional Plan masterplan
Outreach and involvement
Public process
Meet every 2-3 weeks, good turnout with town
New agency
Analysis of natural resources.
Affordable housing
Natural resources on a regional basis
The Plan completed by June originally, now the end of the year
Draft plan made public in the fall, input before final determination at the end of the year
Analysis of natural resources
Policy document with guiding principles
www.highlands.state.nj.us
Release of data on website, subcommittee meetings on agenda
Land Use capability map
Public input schedule
Good local planning, water for the future and quality of life and water
Ms. Danis briefly described the proposed highlands map with overlay zones.
Series of criteria, what the standards are, preservation portion is mandatory for compliance
Planning portion is voluntary, accept growth at a comfortable level.
Incentives with great flexibility.
Rt 57 and Rt. 31 corridor and historic development
Environmental sensitive regions

Goals for October 2006.
Map, overlay zone
Planned endorsement, work done with regional planners
Conformance with regional masterplan
Preservation work together to get your masterplan in alignment with the regional masterplan.
Five communities entirely in the preservation area.
Forty seven partially out of eighty eight.
Level of analysis on watershed area and capacity
Schedule of planning adoption, group meetings, formulated program
Model ordinances may be used for templates
Working with the process the Township masterplan will come in line with the regional masterplan.

LAND USE BOARD QUESTIONS:

Mr. Strunk asked if a person coming in today for a permit in the preservation zone how would the zoning officer respond, how are we to respond.

Mr. Pirro explained the act is set up with duel jurisdiction, the jurisdiction that we have is to do a regional masterplan and an enforcement mechanism to go along with that. The legislature did not give the council a specific authority to over the regulatory permitting that remains in DEP, mandatory buffers, steep slope etc. Mr. Pirro explained in the situation where you have a single family house the first step for the homeowner should be to speak with DEP, they offer a service by telephone to go through the new standards. Mr. Pirro explained the homeowner or applicant would have to establish the approval clearly existed prior to the highlands act to make sure again they are meeting the statutory standards.

Mr. Strunk asked if a person came into the zoning officer and stated they would like to build a house in the preservation zone his response should be what?

Ms. Dianis stated the zoning officer should request a copy of the deed for the lot or home showing the date, the zoning officer however must let people know only the DEP can make the determination and if they would like documentation a HAD application must be filed for documentation.

Mayor Dempski asked what are the septic requirements, if I have a ten acre lot could I build a house on there? Mr. Pirro stated if you are exempt then you are exempt from that requirement, the exemption takes the single family home owner outside the standards.

Mr. Pirro briefly discussed exemptions and the key elements of the Highlands Act TDR Provision. Mr. Pirro addressed questions regarding decks, additions or sheds.

Mayor Dempski stated the exemptions aren’t clear, Mr. Pirro stated there are general exemptions for structures, decks, swimming pools. Mr. Pirro stated the zoning officer could be guided by a couple of main principles, send the person to the department and get a letter or document, then apply local zoning.

Mr. Strunk asked if there should be a mandatory time frame for the department to get back to the homeowner with answers.

Mr. Pirro reviewed the procedures for the zoning officer or an applicant with questions.

Ms. Danis stated there is going to be training sessions for local zoning officials.

Ms. Danis stated the DEP contacts should be available to people when they come in.

Mr. Pirro stated on the DEP website there are postings for review and a free jurisdictional determination. Mr. Pirro addressed questions from zoning officer T. Bocko regarding the preservation area. Mr. Horensky asked if there was an opt out if the Township wanted out. Mr. Pirro stated after six years there would be an opportunity. Mr. Pirro stated the first plan will be in December and amendments will be possible there will be an adjustment period. Mr. Horensky asked if the Township would have to get the Highland Council’s approval to change our masterplan. Mr. Pirro stated if the opted in they would but you could pull back in on center designation. Mr. Pirro explained exactly what would apply if the Township opts in.

Ms. Danis and Mr. Pirro briefly discussed center designation.

Mr. Pirro addressed concerns Mayor Dempski has on how the highlands effects COAH obligations.

PUBLIC QUESTIONS:

Mr. Samir Elbassiouny of 1 Glen Eagles Road.

Mr. Elbassiouny why can’t there be clear exemptions that the zoning officer can always follow through instead of the client.

Mr. Pirro stated they attempted to be clear, the problem is the size of some of the sheds for example. Mr. Pirro stated that it should done in an appropriate time frame.

Mr. Elbassiouny stated the exemptions should be clear, sizes of sheds and decks listed.

Mr. Elbassiouny stated there seems to be so much red tape and a waste of time, should be narrowed down to clear issues and define exemptions.

Mr. Pirro agreed the clarity needs to happen. Mr. Pirro suggested people use the DEP website and click on Highlands.

Mr. Elbassiouny suggested someone from the Township review the clear exemptions.

Mayor Dempski stated the Land Use Board does not have jurisdiction the zoning officer does.

Mr. Pirro addressed the impacts to the farmers.

Mr. Pirro stated he hoped that today’s presentation helped answer questions you may have.

ADJOURNMENT: 9:15 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 LUB