WASHINGTON TOWNSHIP LAND USE BOARD
                                                                 PUBLIC MEETING MINUTES
                                                               NOVEMBER 28, 2007, 7:30 p.m.

CALL TO ORDER and PUBLIC NOTICE

Vice Chairman Robert Klingel called the meeting to order at 7:45 p.m.  Mr. Klingel said this is a regular meeting of the Land Use Board of the Township of Washington. Adequate notice of this meeting has been given in accordance with the Open Public Meetings Act in that a Notice was published in 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

Present: Mayor Horensky, Samir Elbassiouny (late), Len Artigliere, Bob Klingel, Mark Rossi, Kerry Pflugh (late), Jim Vergos, Efrem Zaret

Absent:  Evan Howell, Mr. Cavazzini 

Professionals: Steven Gruenberg, Esq.; Kevin Smith, P.E.; William Gleba, P.E. (late); Scarlett Doyle, P.P.

APPROVAL OF MINUTES

No minutes were presented.

RESOLUTIONS

Consideration of resolutions was tabled to December 12.

ANNOUNCEMENT OF ADJOURNMENT

Mr. Gruenberg announced that the Hackett application is adjourned to 12/19.  No further notice is required.

PUBLIC HEARING

J. JUSTO REALTY, LLC, Application #2005-33, Block 74, Lot 5 and 81,
West Asbury Anderson Road

Continuation of a public hearing for a Preliminary Major Subdivision application for 9 lots with variance.

Requisite fees having been paid and jurisdiction established, Jay Bohn, Esq., introduced himself on behalf of the applicant. He noted they would offer planning testimony followed by engineering testimony.

Mr. P. David Zimmerman, P.P., was called and sworn and his credentials accepted by the Board.

Mr. Zimmerman testified he had inspected the property and the neighborhood.  In addition, he reviewed the plans and reports of the Township planner and engineer.

He noted variance application is primary, the lot being less than 300’ deep. Mr. Zimmerman referenced the site plan map, sheet 3 of 27, last revised November 5, 2007. Nine lots are proposed.  Lots are conforming except Lot #5, which is irregular in shape.  The lots are located on a cul de sac.

Mr. Zimmerman noted the Board determined a variance is needed for the depth requirement of 300’.    

Applicant proposes no building or development on the triangular portion of Lot #5.

Mr. Zimmerman referenced exhibit A-1, sheet 4 of 23, dated March 2007.   He testified Applicant sought to create a more conforming lot, which impacts the balance of the subdivision.

Mr. Zimmerman described advantages to the proposed plan with the variance. Site distance is conforming, lots are more regular in size and shape, detention basins are relocated, and the road is shorter which provides for less maintenance.

According to Mr. Zimmerman, the C1 and C2 criteria are satisfied.  Mr. Zimmerman explained the property has limited road frontage, which creates a unique shape.   As to C2 criteria, the benefits outweigh any detriment. Mr. Zimmerman testified this is a better and safer plan. Further, Mr. Zimmerman contended this is a minor variance.

There was a question from the Board related to fire protection.  Mr. Zimmerman confirmed this does not relate to the variance request.   Further, he noted either plan can accommodate an underground tank.

Mr. Bohn asked about a restriction on future subdivision.  Mr. Zimmerman testified the plan is proposed to be phased, 9 lots in phase 1 and 2 lots in phase 2, for a total of 11 lots. Tyhere was question as to whether a conforming plan could be prepared. Applicant noted the limited road frontage creates the problem.

Ms. Doyle questioned Mr. Zimmerman as to the site triangle issue.  Per Mr. Zimmerman, a conforming plan would require more grading and site easement, which is not available to the applicant. Mr. Smith raised question as to the need for the triangular configuration.  Mr. Zimmerman reiterated that the variance request is minimal. Asked about retaining the triangular piece as a separate lot, conservation property maintained by a homeowners association, Mr. Zimmerman observed he would need to discuss this with the applicant.

Ms. Doyle pointed out this property could be neglected by an individual owner whereas there would be more motivation for a homeowners association to maintain the property appropriately.

Mr. Gruenberg indicated the Board has asked over and over again whether a conforming plan could be designed.  Mr. Bohn said applicant is entitled to request a variance.  Mr. Smith pointed out that a problem may arise by granting a variance with the triangular lot, which may be neglected.

No questions from the public.

Mr. Murphy, P.E., of Murphy & Hollows, was called. He referenced the conforming plan. There was discussion as to site distance requirements for a road or a driveway. Discussion ensued as to location of the entrance to the subdivision. Mr. Murphy confirmed he believed the lots are very regular in shape and conforming except the triangular property fronting on the road. 

Mr. Murphy explained there is no way to make the property conform.

Questioned as to placement of a fire protection tank, Mr. Bohn said the ordinance does not require one on this size subdivision.  It is required in the instance of 20 lots. 

Mr. Smith explained THAT THE Board engineer has concerns about the relocated emergency spillway and its impact on downstream property owners.  There has been discussion with the County Engineering Department.

Ms. Doyle also expressed concern regarding the discharge of the emergency spillway.

Mr. Bohn noted applicant relocated the emergency spillway at the County’s request.

There was discussion as to maintenance of the emergency spillway.  Mr. Murphy explained that this would be maintained by a homeowners association.

Mr. Bohn addressed Mr. Gleba’s report
He noted that he disagreed with comment #8 as to future subdivision.

Mr. Gleba came in at approximately 9 p.m.

At 9 p.m. a five minute recess was called to allow Mr. Smith to brief Mr. Gleba on the proceedings so far.

The meeting reconvened at 9:20 p.m.

Ms. Pflugh joined the meeting at 9:20 p.m.

Mr. Gleba referenced his letter of 11/26.  He expressed concern as to the relocation of the emergency spillway.  Mr. Gleba indicated he would meet with applicant and the County to work out the issue.

As to underground storage tank, Mr. Gleba recommended
that it be provided. The Board must decide how to proceed.

Referencing Item 13 as to sidewalks, Mr. Gleba noted that applicant has added a bus stop location which raised a question of whether a sidewalk should be added. Mr. Bohn explained applicant is not proposing sidewalks. RSIS does not require sidewalks.

Ms. Doyle indicated she thought it would be worthwhile to meet with the applicant as to her issues.

Mrs. Pflugh thought maintaining the rural nature precluded adding sidewalks. Mr. Klingl agreed. There was Board consensus that no sidewalks will be proposed.

Applicant will meet with professionals and the County as to drainage.

Mr. Bohn requested that the application be continued on 12/19. Mr. Gruenberg announced adjournment without need for further notice. Mr. Bohn granted the Board an extension of time to act.

M. Kendra, Application #2007-01, Block 40, Lot 109
Located off of Jackson Valley Road

Continuation of a public hearing for a Variance application.

Mayor Horensky recused himself.

Requisite fees having been paid and jurisdiction established,
Michael Silvagi, Esq., introduced himself on behalf of the applicant.

Public hearing has been concluded according to Mr. Silvagi.

Applicant sought access to a land locked property. Variance was required from steep slopes. Remains of old buildings were located in the front yard.

Existing private drive easement was proposed. 

The Board observed the date of the steep slope ordinance was 2000. Ownership was conveyed to the applicant in 2004.

Mr. Gleba confirmed applicant had addressed the review and did not object to the conditions. Ms. Doyle also indicated applicant was inclined to accept her conditions.

Motion to close the discussion was made by Len Artigliere and seconded by EfrEm Zaret. Members concurred on voice vote.

During public comment, it was observed that one or more springs come to a wetlands area. The lot is undersized based on wetlands area and steep slope.  

Relief requested by the applicant was reviewed.

There is a planning variance for access to the street. Access for emergency services is an issue. The Board asked whether Mr. Gleba had reviewed access and maintenance agreement. Mr. Gleba and Ms. Doyle will review the agreement thoroughly. Conditions apply.

The Board decided to treat the issues separately.

As to planning variance, motion to approve was made by Jim Vergos and seconded by Len Artigliere
Members in favor:  Len Artigliere, Robert Klingel, Mark Rossi, Jim Vergos, Efrem Zaret.

As to the C-1 and C-2 bulk variance related to steep slope, the lot area minimum is 5 acres. Applicant provides 2.79 acres after calculating the steep slope. Mr. Gleba explained a reduction is applied for the area of steep slopes.   Conditions apply
There was considerable discussion as to property rights and compliance with ordinance requirements.  Mr. Gruenberg explained that the physical features of the property constitute a hardship.

As to the steep slope motion to deny was made by Efrem Zaret and seconded by Jim Vergos.

Members in favor:  Robert Klingel, Mark Rossi, Efrem Zaret.
Members opposed: Len Artigliere

C-1 and C-2 bulk variance with respect to existing outbuildings located in the front yard. No accessory structures are permitted within a front yard.  Conditions apply.

As to the accessory structures in the front yard motion was made by Efrem Zaret and seconded by Robert Klingel.

Members in favor:  Len Artigliere, Robert Klingel, Mark Rossi, Jim Vergos, Efrem Zaret.

Mr. Gruenberg was directed to prepare a resolution of denial.

Mr. Elbassiouny joined the meeting at 10:14 p.m.

COMPLETENESS

ASBURY FARMS, LLC, Application #2007-19
Block 65, Lots 2, 3 and 4; Block 65.01, Lot 1 and Block 65.02, Lot 1
294 Route 31 South

Mr. Rossi, Mr. Artigliere, Mr. Zaret recused.

Lloyd Tubman, Esq., introduced herself on behalf of the applicant.
Ms. Tubman explained applicant seeks an amendment to the GDP, General Development Plan.  She indicated it was adopted in 1999 and amended in 2006.  A subsequent ordinance allowed a supermarket. In 1999 there was a 30,000 sq. ft. maximum building size. Ms. Tubman pointed out that some elements have changed.

Ms. Tubman said applicant had no issues with planner’s letter regarding completeness.  Ms. Doyle explained there had been some ordinance changes since the 1999 plan was approved.  She referenced checklist G. Some items are not applicable. Checklist G is no longer part of the ordinance.  Eight original sheets will remain intact as the foundation of the application.  First 2 sheets have been changed. MLUL makes requirements. 

Motion to deem the application complete was made by Robert Klingel and seconded by Jim Vergos
Members in favor:  John Horensky, Samir Elbassiouny, Robert Klingel, Kerry Pflugh, Jim Vergos.

Escrow fees having been paid and jurisdiction established, Ms. Tubman called Robert Moschello, P.E.  The Board requested that testimony be suspended until after the Verdon application.

VERDON, Application #2007-11, Block 38.01, Lot 7
36 Glen Eagles Road

This is a continuation of a public hearing for a variance application

Mr. Artigliere recused himself.

Mr. Verdon introduced himself as the former owner of property known as 36 Glen Eagles Road, Block 38.01, Lot 7   

At the time of installation of an in-ground pool, gazebo and hot tub were installed. They were constructed without permits.

Mr. Verdon obtained permits after the fact.

Variance is sought for side yard setback and distance to the pool.

Mr. Verdon explained the gazebo was located on level ground with shade, and there is no other area to place it.  Mr. Verdon testified the gazebo is portable.  A gazebo is defined as an accessory structure in the ordinance. There is no place to locate the gazebo that is conforming.

There being no public comment, the public hearing was closed.

Motion to approve was made by Samir Elbaissouny and seconded by Efrem Zaret.

Members in favor:  Mayor Horensky, Mr. Elbassiouny, Mr. Klingel, Mr. Rossi, Ms. Pflugh, Mr. Vergos, Mr. Zaret.

Members opposed: None

Mr. Gruenberg will prepare a resolution of approval.

ASBURY FARMS, LLC., HAWK POINTE

This matter was reconvened

Ms. Tubman called Robert Moschello, P.E., whose credentials were accepted by the Board.

Mr. Moschello referenced General Land Use Plan rendered version from GDP, dated 11/19/07.  The plan was marked A-1.

The amendment is proposed to address changes in size of non residential uses.  The proposed reduction in non-residential square footages would be 215,350 sq. ft. whereas 460,000 sq. ft. was originally approved.

It is also proposed to remove the condition limiting the size of a commercial building to 30,000 sq. ft.

It was noted the golf course and club house have been completed.
Ninety-six village homes were completed in 2005 as well as 24 manor homes.

Preliminary approval for townhomes has been granted.
Shop Rite received approval in 2007, and construction has begun.
DOT approvals for traffic light have been obtained.  The traffic light is to be constructed prior to Shop Rite’s opening.

Seven non-residential buildings are proposed:
A – Medical, professional, general office -- 25,000 sq. ft
B – Clubhouse is currently 35,000 sq. ft.  An addition is proposed making the total 60,000 sq. ft.
C --Retail, financial, restaurant -- 20,000 sq. ft.
D – Shop Rite -- 70,000 sq. ft.
E – Commercial/restaurant/office -- 7,000 sq. ft.
F – Commercial, local service, office --17,250 sq. ft.
G – Commercial, local service, office --16,100 sq. ft.

Removal of the condition limiting the size of buildings to 30,000 sq. ft. is proposed.

Parking impacts the size of the Shop Rite building.

Amendment to GDP is requested based on zoning ordinance changes.

Thirteen buildings were approved in the GDP. This proposal represents a consolidation.

The supermarket will have pharmacy, bank and florist.

Clubhouse building has combined an inn and golf academy.

Co-mingling of parking is now proposed.

There were no questions from members of the public. 

Ms. Doyle asked about buildings not yet constructed and the GDP time constraints.  Ms. Doyle proposed an extension of the GDP for 10 years.

EfrEm Zaret questioned the extension.  Ms. Doyle explained.

Richard Cotton was called and sworn. Mr. Cotton testified he had been the developer since 1999. The uses proposed are consistent with the zoning ordinance. Golf Course Open space is maintained by a management company. Time projection for completing the remaining development is 5 – 10 years.  Homeowners Association is in place. Utilities with capacity are available for the remaining project. GDP agreement would be amended.  There are no departures from the zoning regulations.  Ms. Tubman referred the Board to 123-13.2B(3)(b)[2]d.   Proposed uses are permitted. Ms. Doyle pointed out that commercial uses are limited to 30,000 sq. ft.  Ms. Tubman noted applicant will provide a plan amendment.

Public was invited for questions.

Tom Prisk 5 Osprey asked what guarantee exists that the open space remains open space?   Mr. Cotton said he would be happy to discuss a conservation easement.  Developer’s agreement should be provided.

Public comment was invited.

Frank Cregan, 62 Maryland Drive.   Mr. Cregan gave a history of his purchase experience. Mr. Cregan spoke in favor of the 10 year extension of the GDP.

Efrem Zaret, 37 Falcon Way.  Mr. Zaret spoke in favor of the project.  He recommended slowing down the GDP approval process.

Tom Prisk. Mr. Prisk observed that Mr. Cotton has delivered what he promised.  He spoke in favor of the extension.

Liz Scovill, 5 Osprey. Ms. Scovill spoke in favor of the project. She was very much in favor of the inn.

Ms. Tubman summarized.   Revised GDP will be provided.

Motion to close the public hearing was made by Jim Vergos and seconded by Robert Klingel.

Mr. Gruenberg explained:
Board should confirm there are no departures from the zoning ordinance.
Proposals for maintenance of open space are reliable.
Review the physical design for public services and control of traffic.
There is no unreasonable adverse impact.
Terms and conditions for completion are adequate.

Board discussed maintenance of open space. The Board noted applicant would agree to a developer’s agreement. It was noted there is a management organization in place.

Physical design for public services and control of traffic are adequate. Board concurred this is a thriving community consistent with the requirements.  Project is proceeding as planned and additional capacity is available.

There is no unreasonably adverse impact. The plan is consistent with the vision for the area. Community is well balanced.

Terms and conditions for completion are adequate.  Amendments are proposed as to moving forward with the plan.

Motion to approve and amend the GDP was made by Robert Klingel and seconded by Jim Vergos.

Members in favor:  Mr. Klingel, Ms. Pflugh, Mr. Vergos, Mr. Horensky, Mr. Elbassiouny.

Applicant requests Re-confirmation of Shop Rite preliminary and final Shop Rite approvals consistent with GDP
Motion was made by Robert Klingel and seconded by Jim Vergos.
Members in favor:  Mr. Klingel, Ms. Pflugh, Mr. Vergos, Mr. Horensky, Mr. Elbassiouny

Ms. Doyle suggested to the Board that it recommend to the Committee, that it explore receiving 3% of the room tax for the hotel.
Motion was made by Robert Klingl and seconded by Jim Vergos.

Mr. Prisk extended thanks to the Board for staying late.

ADJOURNMENT

Motion for adjournment was made and seconded with all members in concurrence.  Meeting was adjourned at 12 midnight.

These minutes were approved as amended December 12, 2007.

Alice Oldford
Secretary to the Board