TOWNSHIP OF WASHINGTON
WARREN COUNTY
LAND USE BOARD

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

MINUTES
OCTOBER 26, 2005

Chairwoman K. Pflugh 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 on December 22, 2004.

ROLL CALL:

Members Present: Mayor Dempski, Mr. Howell, Mr. Strunk, Mr. Sodtalbers, Mr. Klingel, Mr. Rossi, Mr. Iwaniszyn, Ms. Pflugh, Ms. Pietrangelo

Members Absent: Mr. Birkner, Ms. Belz

Also Present: Attorney S. Gruenberg, Engineer J. Cilo Jr., Planner S. Doyle

MINUTES: Minutes from the October 12, 2005 meeting will be submitted at the November 9, 2005 meeting.

RESOLUTIONS:

1.  Tractor Supply Co. - WTPB#2005-19 - Resolution for Final Site Plan approval granted on October 12, 2005 for Block 22, Lots 3.14, 3.15, 3.16. Eligible to Vote: Sodtalbers, Klingel, Iwaniszyn, Pietrangelo, Birkner. Attorney S. Gruenberg stated the resolution was submitted to the applicant’s Attorney A. Lowcher who had no objections or corrections.

A motion to approve was made by Mr. Sodtalbers, seconded by Mr. Klingel, Vote: Sodtalbers, Klingel, Iwaniszyn, Pietrangelo - Ayes, 0 - Nay, 0 - Abstain, motion carried.

2.  Mr. E. Freeze - WTPB#2005-28 - Resolution for a “C” Variance application approval granted on October 12, 2005 for Block 2, Lot 1. Eligible to Vote: Strunk, Pietrangelo, Dempski, Sodtalbers, Klingel, Iwaniszyn, Pietrangelo, Birkner. Attorney S. Gruenberg stated the resolution was submitted to the applicant’s Attorney A. Lowcher who had no objections or corrections. A motion to approve was made by Mr. Strunk, seconded by Ms. Pietrangelo, Vote: Strunk, Pietrangelo, Dempski, Sodtalbers, Klingel, Iwaniszyn - Ayes, 0 - Nay, 0 - Abstain, motion carried.

COMPLETENESS ITEMS:

1.  M. Finelli - WTPB#2005- 34 - Completeness review for a “C” Variance application for Block 30, Lot 6 located at 205 Route 31 North. Mr. Finelli was represented by Attorney William Edleston. The Board briefly reviewed the application per the Secretary’s memorandum dated October 14, 2005. A motion to deem the application complete was made by Mr. Klingel, seconded by Mayor Dempski, Vote: Klingel, Dempski, Howell, Strunk, Sodtalbers, Rossi, Iwaniszyn, Pflugh, Pietrangelo - Ayes, 0 - Nay, 0 - Abstain, motion carried. This application is scheduled for Public Hearing on November 9, 2005.

2. Blue Mountain, LLC - WTPB#2005-35 - Completeness for a Minor Subdivision application dismissed on August 31, 2005. Attorney R. Boak represented the applicant, Mr. Boak requested the application be re-instated and would like to request the application be deemed complete so he could set a public hearing date and present witnesses for testimony. Attorney S. Gruenberg stated he should restore the escrow fees before proceeding. Mr. Gruenberg stated that this is essentially a new application and you would be starting over. Mr. Strunk asked Mr. Cilo if this has been reviewed since the new submission, Mr. Cilo stated the Geoscience reports should be provided. Chairwoman K. Pflugh stated that the reports have been provided. Mayor Dempski reminded the applicant there would be developers fees to be met. Attorney R. Boak stated the lengthy time span was due to the Geotechnical professional. The applicant stated he has provided everything requested by the Board and would like to proceed. Attorney S. Gruenberg stated if it was alright with Mr. Cilo the Board should entertain a motion to deem the application complete and set the public hearing date. A motion to deem the application complete was made by Mr. Howell, seconded by Mr. Rossi, Vote: Howell, Rossi, Dempski, Strunk, Sodtalbers, Klingel, Iwaniszyn, Pflugh, Pietrangelo - Ayes, 0 - Nay, 0 - Abstain, motion carried. The Public Hearing for this application will be on November 16, 2005.

PUBLIC HEARING AND DISCUSSION ITEMS:

1.  Bay Storage - WTPB#2005-11 - Public Hearing for a Major Site Plan application for Block 40, Lot 14.01. This application was adjourned from the September 28, 2005 with no testimony given. The applicant was represented by Attorney Lawrence Fox and Engineer Jess Symonds of Biggs Engineering. Mr. Fox briefly reviewed the application and presented Exhibits A-1 Picture of Sign, A-2 Photographs, A-3 Sheet 5 of Plat, a landscaping detail was provided. Mr. Biggs stated there would be 900sq.ft. of office space bringing the square footage to 36,240 sq.ft. total. Exhibit B-1 Engineer J. Cilo’s letter dated October 24, 2005 was presented for review.

The Board addressed concerns regarding run-off from Village Gate. Engineer J. Symonds addressed questions regarding the length of the swale, Mr. Symonds stated the applicant’s property is receiving stormwater run-off from the adjacent subdivision due to their fill. Mr. Strunk stated he would call up the contractor regarding the concentration of flow, Mr. Strunk stated he had concerns of redirecting the stormwater. Mayor Dempski stated that Mr. Plushanski has a significant amount of flow on his property.

Mr. Symonds stated that the flow could not be brought through their system, Mr. Symonds stated that somebody did not do their homework on the up hill side prior to this application.

Mr. Symonds stated their should not be any increase of flow from the storage units it would  decrease if anything. Mr. Sodtalbers asked if the swale would divert water to the neighbors to the north and south, Mr. Symonds stated it would be more concentrated not diverted.

Mr. Symonds stated it should become more stable once the planting is completed at the subdivision. Chairwoman K. Pflugh stated that there is clearly a problem there and should be addressed as a separate issue.

Ms. Pietrangelo asked if there are any retaining walls, Mr. Symonds said no.

Ms. Pietrangelo what happens to the run-off during construction, Mr. Symonds said the way the drains are pitched it would still stay on the site. Engineer J. Cilo requested curbing in the northwest corner near the lots to prevent any additional stormwater run-off.

Planner S. Doyle asked what is so unique against a residential zone that the applicant would require such a high fence.  Mr. Fox stated a lower fence would be considered. Ms. Doyle asked why a six foot fence would not be sufficient. Mr. Fox stated the applicant felt a higher fence would provide a greater sense of security and would consider a six foot fence.  Engineer J. Symonds addressed questions regarding loading spaces and proposed lighting, Mr. Strunk asked if he were to go into the back of the facility at night where would the lighting be, Mr. Symonds reviewed the motion lighting locations on various buildings. Planner Ms. Doyle addressed concerns regarding sheet six of the plat regarding the lighting plan. Engineer J. Cilo stated he saw nothing in the plans regarding motion lighting, he would like to see point to point submitted for his review.  Mr. Cilo stated even if there is motion lighting there should still be some security lighting on a separate circuit.

Ms. Doyle asked if  any of the storage facilities would be controled for humidity or temperature, Mr. Fox said yes, this would be addressed at the next meeting.

PUBLIC COMMENT:

Mr. William Marmo at 11 Elizabeth Avenue.
Mr. Marmo asked if lighting and noise are issues why are they clearing all the way to the property line, Mr. Fox stated this would be answered by future testimony.

Mr. John Tokarzewski at 222 North Route 31
Mr. Tokarzewski stated there is a current water problem now, when there is a heavy rain the water runs down the hill through my back yard across to my neighbors.

Mr. Tokarzewski stated his well is right there now and will all of this water be coming through a pipe and dumping out near his well. Mr. Symonds stated the water run-off should get better with the manhole changed to a type B inlet which would pick up the additional water. Additional information will be provided to the Board and Mr. Cilo at the next meeting regarding this issue.

Mr. Charles Magyar owner of the Weeping Willow Garage.
Mr. Magyar asked if there would be more of a concentration of water back here.

Mr. Symonds stated the water would be most concentrated on the applicant’s property because of the swale.

Mr. Frank Cregan of 62 Merlin Dr.
Mr. Cregan expressed concerns for explosive  chemicals or any outdoor storage.

Ms. McClement stated there would be a  high security fence, no explosives or chemicals would be permitted and there would be no outdoor storage.

Mr. Fox asked applicant Anne McClement what was her rationale for wanting a fence somewhat higher than six feet, Ms. McClement stated for security purposes.

Ms. McClement stated she felt a child could get over a six foot fence an eight foot fence would deter a child. Mr. Fox asked Ms. McClement why she applied for the variance for the sign and Ms. McClement stated because she would be sharing the sign with the car wash,

Ms. McClement stated she would prefer a single sign. Ms. McClement stated she would like to retain the current car wash sign and add the storage sign. Mr. Fox stated he would talk with the zoning officer regarding size limitations.

Ms. McClement stated the hours of operation would be 7:00 a.m. - 9:00 p.m.,

Ms. McClement stated each person would have their own key to the facility and after 9:00 p.m. the keys would no longer provide admittance, the system locks out.  Ms. McClement stated during the hours of operation there would be someone from her family or herself in the office.

Ms. McClement stated in their lease agreement there would be an agreement not to store any hazardous material, chemicals or explosives. Mr. Klingel asked if the storage would be strictly for residential, Ms. McClement stated residential and record storage, auto mobiles could be stored there but no repairs.

Engineer J. Cilo requested a copy of the lease agreement and requested the Township Fire Co. be notified of what is being stored there. Planner S. Doyle reviewed different slat designs for fencing. Mr. Fox asked Ms. McClement to review her landscape design,

Ms. McClement stated she would be willing to install her fencing further away from the property line if it would prevent the destruction of the existing trees to try to keep as many of the mature trees as she can. Ms. McClement stated she would like to use all of the existing landscaping after speaking with the neighbors who wished to keep the existing buffer. Ms. Doyle stated the applicant is proposing to keep the existing landscaping and then supplement it and will include the specific size and caliper of the trees.

The public hearing for this application will resume on December 14, 2005.

BREAK: 9:10 - 9:25 p.m.        

2.  Mr. Hudock - WTPB#2005-29 - Public Hearing for a “C” Variance application for Block 31, Lot 8. This application was deemed complete on September 28, 2005.

This application has been rescheduled for November 16, 2005 and has been required to re- notice.

3.  Housing Element & Fair Share Plan - Mayor Dempski briefly discussed the four areas and State requirements for affordable housing. Mayor Dempski discussed and reviewed the rules regarding  affordable housing. Mayor Dempski requested any questions or comments be sent to him prior the  public hearing. The Public Hearing for the Housing Element and Fair Share Plan will be held on November 9, 2005.

CORRESPONDENCE: A list was submitted to the Land Use Board members.

1. Action requested - Attorney A. Lowcher requested an application for Ms. K. Burdorf be rescheduled to November 16, 2005, Mr. Lowcher in his letter agreed to re-notice Ms. Burdorf’s neighbors by regular mail the Board agreed, the secretary will notify Mr. Lowcher.

PUBLIC COMMENT: No public comment was offered.

ADJOURNMENT: 10:08 p.m.

With no further business before the Board and no further public comment offered, the meeting was adjourned.

Respectfully Submitted,

Margaret Housman, Secretary
Washington Township Land Use Board