TOWNSHIP OF WASHINGTON
                                                                     WARREN COUNTY
                                                                     LAND USE BOARD
Municipal Offices                                                                                                                    350 Route 57 West
(908) 689-7209                                                                                                                   Washington, NJ 07882

                                                                             MINUTES
                                                                           MAY 9, 2007

Vice Chairman R. Klingel 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.

ROLL CALL:
Members Present: Mayor Horensky, Mr. Howell, Mr. Elbassiouny, Mr. Artigliere, Mr. Klingel, Mr. Bundschuh, Mr. Zaret
Members Absent: Mr. Rossi, Mr. Iwaniszyn, Ms. Pflugh, Mr. Vergos
Also Present: Attorney S. Gruenberg. Engineer W. Gleba, Planner S. Doyle

CORRESPONDENCE: A list was provided to the land use board members.

MINUTES: Minutes from the April 11, 2007 meeting.
A motion to approve the April 11, 2007 minutes as written was made by Mayor Horensky,
seconded by Mr. Howell, Vote: Horensky, Howell, Artigliere, Klingel, Bundschuh - Ayes,
0 - Nay, 0 - Abstain, motion carried.

COMPLETENESS:
1. John Sanocki - WTPB#2007-08 - Completeness review for a Minor Subdivision application
for Block 45 Lot 2, 3 located at 21 & 23 McCullough Road.
Mr. Sanocki represented himself for completeness, Mr. Sanocki stated Attorney G. Walton would be representing him at public hearing. Engineer W. Gleba addressed completeness items from his review letter dated May 4, 2007, Mr. Gleba recommended the board deem the application complete with waivers granted for completeness only and Mr. Sanocki should submit the additional information requested to the board secretary, Mr. Sanocki agreed.

A motion to deem the applicant complete with waivers granted for completeness purposes only was made by Mr. Artigliere, seconded by Mr. Zaret,
Vote: Artigliere, Zaret, Horensky, Howell, Elbassiouny, Klingel, Bundschuh - Ayes, 0 - Nay, 0 - Abstain, all ayes motion carried. The public hearing for this application has been scheduled for June 13, 2007.

2. Ronald & Susan Coulombe WTPB#2007-10 - Completeness review for a Variance application for Block 66 Lot 5 located at 87 Cemetary Hill Road.
 
Mr. & Mrs. Coulombe represented themselves for completeness. The board addressed the secretary’s review letter dated May 4, 2007 which recommended the application be deemed complete and public hearing date set.
A motion to deem the applicant complete was made by Mr. Elbassiouny, seconded by Mr. Bundschuh, Vote: Elbassiouny, Bundschuh, Horensky, Howell, Artigliere, Klingel, Zaret - Ayes, 0 - Nay, 0 - Abstain, motion carried. The public hearing for this application has been scheduled for public hearing on June 13, 2007.

DISCUSSION & PUBLIC HEARING ITEMS:
1. M. Kendra - WTPB#2007-01 - Continuation of a public hearing for a Variance application for Block 40 Lot 109 located on Jackson Valley Road.
Eligible to Vote: Klingel, Iwaniszyn, Bundschuh, Zaret, Vergos
Attorney S. Gruenberg announced the application for M. Kendra has been adjourned to the June 13, 2007 meeting with no further notice required.

2. Joe Justo - WTPB#2005-33 - Public hearing for a Preliminary Major Subdivision application for Block 74 Lot 5 located at 81 West Asbury Anderson Road. The applicant was represented by Attorney J. Bohn, Engineer T. Murphy. Mr. Murphy reviewed his credentials for the board and was excepted as an expert witness. Mr. Murphy presented exhibit A-1 a layout of the subdivision dated 9/30/05 revised 3/19/07. Mr. Murphy briefly described the property as approximately sixty acres of farmland with woodlands.
Mr. Murphy reviewed the detention basin as shown and access for the site, Mr. Murphy stated the detention basin would be the maintenance responsibility of the homeowner’s association, the basin would have a stormwater easement around it.
Mr. Murphy reviewed the soil logs and perk tests, all lots will have individual septic and well. Mr. Murphy stated the design calls for a hammerhead at the end of the proposed road, Mr. Murphy stated they would be willing whatever design the township would prefer a hammerhead or a cul-de-sac. Mr. Klingel asked which would be easier for emergency vehicles, Mr. Murphy briefly described , Mr. Klingel stated he would rather see a cul-de-sac, the board agreed. Mr. Murphy reviewed the odd shaped parcel where the access would come in from Asbury Anderson Road. Attorney S. Gruenberg asked if the applicant has tried to purchase additional property from adjoining property owners to possibly eliminate a variance. Attorney J. Bohn replied the application has plenty of area and it didn’t make any sense to add area, Attorney Gruenberg explained reasons for possibly acquiring additional property. Attorney Bohn stated the lot would be privately owned open space. Planner S. Doyle suggested the area be densely planted with pines,
Ms. Doyle explained. Engineer W. Gleba suggested the sliver of land be combined with the road right of way or stay with that lot.
Mr. Murphy stated that there were no wetlands on the site. Mr. Murphy stated the geologist has done a Phase I study and are in the process of doing a Phase II study of the property and have been in touch with Mr. Fischer.
Mr. Murphy addressed Mr. Gleba’s letter dated May 7, 2007 exhibit B-1 and exhibit B-2 Cilo review letters dated March 29, 2007 and May 7, 2007.
Mr. Murphy stated the technical changes they would make, we would like to discuss the requirement of the underground storage tank, comment number nine page seven.
Mr. Murphy stated his client would consider the tank but your ordinance doesn’t require it.
Mr. Murphy stated comment number three that some of the lots be restricted against further subdivision, there would be no reason to restrict what a future owner can do they should be restricted by what ever zoning ordinance is in effect at that time, the lots are 5.07 & 5.06.
Mr. Artigliere suggested if the applicant wishes to do it lets look at the plan now rather than do some and do some again later. Mr. Murphy stated the applicant is proposing nine lots. Mr. Artigliere stated he would have a problem if they started sticking in more.
Mr. Murphy stated any additional homes would be dealing with groundwater recharge, the major increase on run off would be the road which would not change.
Mr. Murphy stated at this time the applicant isn’t proposing any additional lots.
Mr. Gleba reviewed the ordinance regarding underground water tank requirements.
Mr. Gleba asked where is the roadway going to go ultimately and will the adjoining lot someday connect into this development which would put you over the twenty home threshold which could be addressed at the time but should be part of the consideration of the board.
Attorney Gruenberg should take into consideration that variance relief is required due to the configuration of the roadway and if you straightened out the roadway and made the lot more conforming in total that may effect your ability to further subdivide those two lots.
Mr. Murphy reviewed other issues for not relocating the road.  Mr. Elbassiouny suggested the first lot be moved down a little bit, Mr. Murphy replied it would not eliminate the variance.
Mr. Artigliere stated if you want ten lets see ten. Ms. Doyle stated if there is going to be a cul-de-sac there should be some reasonable assurance that the road is extendable then a full cul-d-sac should be considered and located correctly. Mr. Bohn stated the cul-de-sac could be pulled back and redesigned. Mr. Bohn asked the board how they felt about street lighting.
Mr. Gleba recommended a light at the intersection with Asbury Anderson Road, and typically a light at the cul-de-sac and possibly at the horizontal bend in the road, the board agreed. Mr. Gleba stated the lighting would be subject to change if there is any revised layout. Mr. Gleba stated the typical fixtures used are a JCP&L fixture, contact the power company for their classic colonial fixture. Mr. Bohn addressed Ms. Doyle’s comment for the proposed building location which will be shown prior to applying for permits.
Mr. Gleba reviewed his letter item number two regarding a previous approval for the property,
Mr. Murphy explained. Mr. Murphy reviewed the plan for the road on the prior subdivision.
Mr. Bohn stated we were proposing to have a meeting with Mr. Gleba to review his technical comments to revise the plans. Mr. Gleba asked if the roadway would be dedicated to the Municipality, Mr. Murphy replied yes. Mr. Gleba reviewed different types of curbing for the board, the applicant proposed belgian block the board agreed. Mr. Gleba recommended the applicant contact the water company for possible extensions in this area, Mr. Gleba explained.
Mr. Gleba stated he would meet with the applicant regarding stormwater.
Mr. Murphy addressed Ms. Doyle’s comments regarding tree planting locations, traffic, drainage and construction techniques and how it will be impacted. Mr. Bohn stated he would add the information to the zoning schedule. Ms. Doyle suggested the minimum setback line for the line of trees paralleling the road be moved to the east of the trees so that there is minimal disturbance in that area. Mayor Horensky suggested the last four houses on the right hand side be staggered so they are not so close. Vice Chairman R. Klingel suggested the applicant review the tree planting plan with Ms. Doyle prior to the next meeting. Ms. Doyle suggested whatever trees are removed they should be replaced, Mr. Bohn stated he didn’t think the applicant would have a problem with the setback, how much more landscaping.
Ms. Doyle suggested a conservation easement similar to the setback would be beneficial.
Ms. Doyle suggested clear and defined restrictions for the conservation area.
Mr. Bohn stated he would correspond with the Township for the road name, Mr. Gleba suggested a letter to the governing body. Ms. Doyle stated no large leaf trees near the detention basin. Ms. Doyle reminded the board the proposed site is in the carbonate rock district.

PUBLIC COMMENT:
No public comment was offered.
This application was adjourned to June 27, 2007 meeting no further notice will be given.

BREAK: 8:55 - 9:05 p.m.

3. Unity Bank - WTPB#2007-07 - Public hearing for amended Preliminary Major Site Plan approval for Block 78 Lot 9 located at 5 East Asbury Anderson Road.
The applicant was represented by Attorney A. Lowcher, Engineer J. Symonds.
C. Kennedy Unity facilities manager, K Kelton, J. Layton Planner, G. Dean, Traffic Engineer, J. Zucko Landscape architect and lighting.
Attorney John Jackson announced he was representing an objector Mr. Wanderer. to the north of the applicant.
Attorney A. Lowcher reviewed the property location the previous restaurant and mobil homes. Mr. Lowcher stated the previous restaurant had been removed, trailers, the current septic system will be abandoned a new septic will be installed, the existing well and sign will be used.
Mr. Lowcher reviewed the correction to the zoning map for lot number nine which is now entirely in the highway commercial zone.
Mr. Lowcher addressed review letters dated May 8, 2007 and October 25, 2006, permits, soil conservation, county approvals, NJDOT approval. Mr. Lowcher stated the Washington Township fire department requires a  30k underground tank which we are complying with. Mr. Lowcher addressed outstanding items, the easement which was a conveyance, the re-recording of the deed, amendment of the site plan, signage, lighting and landscaping.
Mr. Lowcher addressed Engineer W. Gleba’s letter dated May 8, 2007 and outstanding items. Mr. Lowcher stated they would be meeting with Engineer W. Gleba to address technical comments.
Attorney S. Gruenberg swore in Engineer J. Symonds, Mr. Symonds addressed exhibits A-1 for spot elevation dated 9/22/06 sheet 5 of 18, Mr. Symonds reviewed the changes including removal of a swale and one parking spot. Exhibit A-2 for island curbing, A-3 list.
Mr. Symonds addressed easements including ingress and egress on the property.

Public Comments:
Engineer J. Symonds addressed questions from Attorney J. Jackson regarding the easements on the property, Mr. Symonds  reviewed the location of the easements for Mr. Jackson.
Mr. Jackson provided a copy of the easements marked exhibit 0-1.
Mr. Jackson asked Mr. Symonds if he had plotted out the easements in relation to the improve
ment, Mr. Symonds explained the easement on the north section of the property doesn’t restrict the ability to go back and forth.
 
Unity Bank continued:
Mr. Jackson expressed his concerns with the easements with relationship to his client’s property.
Attorney S. Gruenberg explained to Mr. Jackson the board had strongly urged the applicant to resolve any issues regarding the easements, Mr. Gruenberg explained.
Mr. Klingel asked if the board had any jurisdiction at this time
Mr. Elbassiouny asked what is the dispute for, what are they looking for.
Mr. Jackson stated his client was looking for free access.
Mr. Gruenberg stated we should move on for this evening until documents can be further reviewed for the next meeting. Mr. Artigliere suggested the objector forward any argument he has with respect to the easement because that language is old.
Mr. Jackson stated the fire tank is also an easement because it is in the easement of both properties.
Mr. Gruenberg asked if vehicles could travel over the tank, Mr. Symonds replied yes.
Mr. Klingel suggested Mr. Jackson and Mr. Lowcher get together and hash this out.
Attorney S. Gruenberg swore in applicant Planner J. Layton and he was accepted as an expert witness. Mr. Layton reviewed previous variance relief, Mr. Layton stated the layout hasn’t changed other than they lost one parking space.
Mr. Layton reviewed exhibit A- 4 and variances for setbacks including Route 31.
Attorney A. Lowcher referred to Mr. Gleba and Ms. Doyle’s letters.
Attorney S. Gruenberg suggested Mr. Layton explain all variances required, Mr. Layton proceeded. Mr. Layton addressed all signage and fencing.

PUBLIC COMMENT:
Attorney Jackson stated he would hold off on public comment until the next meeting.
No further public comment was offered.
Attorney S. Gruenberg announced the application would be continued at the May 30, 2007 meeting without further notice being required.

RESOLUTIONS:
1. R. Robinson - WTPB#2007-06 - Resolution for Variance approval granted on April 25, 2007 for Block 1 Lot 3 located at 148 Brass Castle Harmony Road.
A motion to approve was made by Mr. Klingel, seconded by Mr. Howell,
Vote: Klingel, Howell, Elbassiouny, Horensky, Artigliere - Ayes, 0 - Nay, Bundschuh - Abstain, all ayes motion carried.

PUBLIC COMMENT: No public comment given.

ADJOURNMENT: 11:00 p.m.
With no further business before the board and no further public comment offered the meeting was adjourned.

Respectfully Submitted,

Margaret Housman, Secretary