TOWNSHIP OF WASHINGTON
                                                                             WARREN COUNTY
                                                                             LAND USE BOARD

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

                                                                                   MINUTES
                                                                         OCTOBER 25, 2006

Chairwoman D. Pietrangelo called the meeting to order at 7:35 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 on December 23, 2005.

ROLL CALL:
Members Present: Mayor Dempski, Mr. Strunk, Mr. Klingel, Mr. Iwaniszyn, Ms. Pflugh, Ms. Pietrangelo, Mr. Zaret
Members Absent: Mr. Howell, Mr. Sodtalbers, Mr. Rossi, Ms. Belz
Also Present: Attorney S. Gruenberg, Engineer W. Gleba, Planner S. Doyle

CORRESPONDENCE: A list was provided to the board members.

MINUTES: Minutes from the September 27, 2006 meeting.
A motion to approve the minutes from September 27, 2006 as written was made by Mr. Iwaniszyn, seconded by Ms. Pflugh, Vote: Iwaniszyn, Pflugh, Klingel - Ayes, 0 - Nay, 0 - Abstain, motion carried.

INTERPRETATION:
1. Jerry O’Brien - WTPB#2006-7 - Interpretation for Block 15 Lot 11 located at 482 Route 57 West. The applicant was represented by Attorney W. Gold who stated he was for an interpretation for Block 15 Lot 11 for a pre-existing long term residential use. Mr. Gold stated the applicant required a rooming house license from the State.

Attorney S. Gruenberg swore in applicant Jerry O’Brien who purchased the property on March 18, 2002. Mr. O’Brien stated the property included a two family home with six attached one room apartments, the property also includes eight trailers in the rear of the property. Mr. O’Brien stated the one room apartments have a full bath which includes a shower, sink and toilet. Mr. O’Brien stated there were no kitchens in the apartments just microwaves and small refrigerators. Mr. Strunk asked if the tenants have any type of rental agreement, Mr. O’Brien stated the tenants pay by the week and pay in advance. Mr. O’Brien stated the units have hot air heat, cable and HBO.
Planner S. Doyle stated the ordinance was adopted on 4/14/76 and is a pre-existing non-conforming use.
 
Attorney S. Gruenberg swore in witness Mr. Herman Eggers of Virginia.
Mr. Eggers stated he was a previous owner from 1972 through 1991.
Mr. Eggers stated when he owned the property there was a two family home, a six room motel and eight trailers. Mr. Eggers stated in 1973 he had an armed robbery and no longer rented to transient workers.

Public Questions: None

Attorney S. Gruenberg swore in witness Mr. John Lunghi
Mr. Lunghi stated he purchased the property in 1994 through 2002.
Mr. Lunghi stated he mostly rented to long term tenants, sometimes lineman from Canada.

Public Questions: None
Mr. Strunk stated he was satisfied with the testimony, it was factorial.

Public Comment: None
Ms. Pietrangelo stated additional testimony was not necessary.
A motion to approve a pre-existing non-conforming use was made by Ms. Pflugh, seconded by Mr. Iwaniszyn, Vote: Pflugh, Iwaniszyn, Strunk, Klingel, Pietrangelo - Ayes, Dempski, Zaret - No, 0 - Abstain, motion carried.

COMPLETENESS:
1. B. Apgar - WTPB#2006-4 - Completeness for a Minor Subdivision application for Block 17, Lot 6.01 & 6.01Q located at 39 Meadow Breeze Lane.
A motion to deem the application incomplete per the Engineer’s letter dated September 22, 2006 was made by Mr. Iwaniszyn, seconded by Mr. Zaret, Vote: Iwaniszyn, Zaret, Dempski, Strunk, Klingel, Pflugh, Pietrangelo - Ayes, 0 - Nay, 0 - Abstain, motion carried.

DISCUSSION ITEMS & PUBLIC HEARINGS:
1. Unity Bank - WTPB#2006-3 - Continuation of a public hearing for a Preliminary Major Site Plan application with Variance relief for Block 78 Lot 9 located at 5 East Asbury Anderson Road. Eligible to Vote: Dempski, Sodtalbers, Rossi, Zaret, Belz, Pietrangelo,Pflugh

The applicant was represented by Attorney A. Lowcher, Engineer J. Symonds
Engineer W. Gleba addressed the outstanding issues from his letter dated October 23, 2006.
Mr. Gleba addressed page seven, item seven regarding the reserve septic. Mr. Gleba stated on August 30, 2006 there was discussion on this matter, Mr. Gleba stated the land use board does not have the authority to waive any of the requirements for the reserve system placement location on the plans or the testing associated with it. Mr. Gleba stated the land use ordinance relates back to the health code ordinance, the health code ordinance is not under the jurisdiction of this board. Mr. Gleba stated the Warren County health department is the only entity that could entertain such a waiver, Mr. Gleba stated he received a plan from Mr. Symonds that shows the reserve area, the testing would have to be performed and submitted to the Warren County health department. Mr. Symonds stated he didn’t think they would have to do testing so as long as our bed is within fifteen feet they allow us to use the same testing. Mr. Gleba stated they are in the process of being reviewed by the Warren County health department.

Attorney S. Gruenberg stated any approval would be conditioned by receiving approval from the Warren County health department, Mr. Gleba replied yes, the health department is aware of the ordinance requirements. Mr. Gleba stated any new construction would require a reserve septic system area. Mr. Gleba addressed comments on page eight, items three and four regarding the underground fire tank. Mr. Gleba the sizing of the tank should be deferred to the fire code officials. Mr. Gleba requested the applicant show how the tank would fit on the site, Mr. Symonds replied if we sprinkle we may be able to go with less of a tank we have a couple of different options. Mr. Symonds stated the proposed tank could be as large as a thirty thousand gallon tank which could fit on the site under the pavement. Mr. Gleba stated the next item was on page ten item sixteen regarding the provisions that were made to the stormwater management.

Mr. Symonds reviewed the stormwater management for the site including the vegetative area at the rear of the site. Mr. Gleba stated the revised plans still showed a swale within the easement area which should come out of there. Ms. Doyle stated she did not recommend the planting of broad leaf trees be planted at the edge of the basin which could clog up the drainage. Mr. Gleba addressed page twelve item twenty eight request for the applicant to certify that there are no wetlands on the property. Mr. Symonds letter dated October 24, 2006 stated that there were no wetlands on the property, Mr. Gleba stated he had no problems with the letter.
Mr. Gleba addressed page nine item six regarding the common easement area that runs along the frontage of the property, Mr. Gleba recommended the area be extinguished. Attorney A. Lowcher gave the board a brief history of the easement for the site. Mr. Lowcher stated that there is no longer any common ownership of the easement and hasn’t been for years. Mr. Lowcher stated the easement is twenty five feet long on the frontage of the building and is for ingress and egress between the two properties for vehicular means and must be kept clear of obstructions. Mr. Lowcher stated access to this site is controlled by DOT and what Warren County will allow. Mr. Lowcher stated what is reflected on the site is exactly what they had to do. Mr. Lowcher addressed property rights between the applicant and the property owners to the north.

Attorney S. Gruenberg asked what if the northern property owner wants the ability to drive vehicles over the easement. Mr. Lowcher stated the easement is on the bank’s property, the service station owner has no right to repair or maintain.  Mr. Lowcher stated the applicant has never been approached by the northern property owner regarding the access easement. Mr. Gruenberg stated but the northern property owner has a right to use it, Mr. Lowcher agreed. Mr. Symonds reviewed the removal of the drainage structures from the easement. Mr. Gruenberg reviewed options for the board’s decision on the easement, Mr. Gruenberg stated your Engineer is recommending that the easement be extinguished. Mr. Strunk stated I think on this issue we should move forward. Mayor Dempski stated getting the easement extinguished is a big burden to be placed on them. Ms. Pietrangelo could a car is it so chose could it go over the easement,

Mr. Symonds stated there would be a depressed curb. Mr. Gleba recommended some type of reinforcement system be placed under the grass, the applicant agreed.

Mr. Gleba addressed remaining issues on his review letter exhibit B-1 including the geotechnical review by Mr. Fischer. Mr. Strunk reviewed the conditions that will have to be addressed.

Mr. Gleba suggested his third review letter be included as a condition, Mr. Lowcher agreed.

Geotechnical consultant Matt Mulhall addressed Mr. Fischer’s letter dated August 23, 2006.
Mr. Mulhall stated the bank will have to meet all construction code requirements.
Mr. Mulhall stated the stormwater infiltration system has been to Warren County Soil Conservation district who has jurisdiction over this. Mr. Mulhall briefly reviewed sinkholes and fractures. Mr. Gleba addressed stormwater management requirements for the site.

Mr. Mulhall addressed Mr. Gleba’s questions regarding stormwater management.

Mr. Gleba asked if there is going to be a licensed geotechnical engineer on the project during construction. Mr. Mulhall replied yes, there will have to be.

BREAK: 9:40 - 9:50 p.m.

Ms. Pflugh left at this time.
Attorney S. Gruenberg briefly reviewed performance standards dealing with the carbonate rock district. Mr. Gruenberg stated the board has the ability to grant exceptions. Ms. Pietrangelo requested a geologist be on site during the construction, Mr. Mulhall stated that was what he had recommended in his report. Mr. Strunk asked where will the structural engineer fall into that, Mr. Mulhall stated the engineer would design the foundation from the footings and any boring and test pits. Mr. Mulhall reviewed what would happen if something is found on the site and the design plans would have to be revised and they would have to come back before the board. Mr. Gleba stated his concern was for the recharge aspect of the property and the stormwater management, the applicant agreed it would be addressed. Mr. Mulhall stated the construction requirements call for an experienced geologist be on site during any excavation.

Mr. Gleba recommended a developer’s agreement and Mr. Lowcher agreed to a developer’s agreement for the application.

Mr. Lowcher stated the landscaping and lighting would be to the satisfaction of the board professionals.Planner S. Doyle stated free standing signs are a concern, the board would need a lighting schedule and lights should be out by 11:00 p.m.

Mr. Lowcher suggested no signage be on site until final approval and variances are identified.

Mr. J. Vergos of Washington Township Fire Department.
Attorney S. Gruenberg swore in Mr. Vergos.
Mr. Vergos stated the proposed water storage tank was calculated differently, we should come to an agreement after discussing it further. Mr. Symonds stated a tank even two thirds the size could be installed.

PUBLIC COMMENT: No public comment was offered.
A motion to close the public hearing was made by Mr. Strunk, seconded by Mr. Klingel, all ayes motion carried.
A motion to grant variance approval was made by Mr. Strunk, seconded by Mr. Klingel,
Vote: Strunk, Klingel, Dempski - Ayes, 0 - Nay, Iwaniszyn, Zaret - Abstain, motion carried.
A motion to grant Preliminary Major Site Plan approval with conditions was made by Mr. Strunk, seconded by Mayor Dempski, Vote; Strunk, Dempski, Klingel - Ayes, 0 - Nay, Iwaniszyn, Zaret - Abstain, motion carried.

2. Martron LLC - WTPB#2006-12 - Final Site Plan application for Block 64, Lot 11
located at 283 Route 31 South.
The applicant was represented by Attorney A. Lowcher and Engineer C. Stires.
Mr. Lowcher briefly reviewed the application for the board.
 
Engineer W. Gleba’s letter dated October 20, 2006.
Engineer W. Gleba stated item#13, page four does not apply to the application.
Mr. Stires addressed comments from Engineer J. Cilo’s letter March 29, 2005.
Mr. Stires stated the project will be bonded and would like to have comment #21 possibly removed. Mr. Stires stated they will be bonded and subject to a CO and they would like to try to get his building moving. Mr. Gleba stated he was not involved with the original application. Mr. Gleba stated he believed item #21 was on there under preliminary approval. Mr. Gleba stated he really didn’t have any issue with condition #21 being removed only because the project will have to be bonded. Mr. Lowcher requested the conditions be in the resolution instead of a developer’s agreement. Mr. Gleba stated it was the board’s preference, the site doesn’t really have any stormwater management and there are no municipal improvements associated with this project. Mr. Gleba stated the developer’s fee will be a condition of approval. Ms. Doyle stated if the project is not perceived in strict accordance with the plans for some reason the township engineer has a great deal of difficulty to stop the job. Mr. Gruenberg stated the developer’s agreement gives you an enforcement tool. Mr. Stires stated essentially the site work on this job is the building and minor parking changes, without the building the changes are hardly anything. Mr. Gleba agreed this is a fairly minor site plan application with minimal site improvements.  Mr. Gleba clarified item #3 of his report marked exhibit B-1.

PUBLIC COMMENT: No public comment was offered.
A motion to close the public hearing was made by Mr. Strunk seconded by Mr. Iwaniszyn all ayes motion carried.      
A motion to grant final site plan approval per Mr. Gleba’s report dated October 20, 2006 and other conditions as stated in the resolution was made by Mr. Strunk, seconded by Mr. Iwaniszyn, Vote: Strunk, Iwaniszyn, Dempski, Klingel, Pietrangelo, Zaret - Ayes, 0 - Nay, 0 - Abstain, motion carried.

3. Discussion on utilizing anti-pay-to-play ordinances and regulations for Land Use Board professions. (Fair and open contract bids for 2007 professionals)

4. Review of the proposed 2007 land use board budget

PUBLIC COMMENT: No public comment was offered.

ADJOURNMENT: 11:10 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