WASHINGTON TOWNSHIP LAND USE BOARD PUBLIC MEETING MINUTES December 12, 2018, 7:30 p.m. CALL TO ORDER and PUBLIC NOTICE Chairman Artigliere called the meeting to order at 7:30 p.m. stating this was the 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 transmitted to the 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. FLAG SALUTE ROLL CALL Present: Robert Klingel, Stephen Swinton, Gretchen Foley, Erich Sodtalbers, Maureen O Donnell, Leonard Artigliere, James Vander Horn, Michael Lum Absent: Ralph Fiore, Evan Howell, Brian McCatharn, Professionals Present: Steven P. Gruenberg, Esq., Kevin Smith, P.E., C.M.E., Scarlett Doyle, P.P. APPROVAL OF MINUTES A motion was made by Swinton, seconded by Vander Horn to approve the minutes of the regular meeting held on November 28, 2018. Members in favor: Stephen Swinton, Gretchen Foley Leonard Artigliere, James Vander Horn, Michael Lum. Members abstaining: Robert Klingel, Erich Sodtalbers, Maureen O Donnell. Hawk Pointe Townhouses/Asbury Farms Application #2018-06, Block 65 Lots 2 & 4 and Block 65.02 Lot 1 Mr. Gruenberg stated that the applicant had submitted a letter requesting that the hearing be adjourned to the January 9, 2019 reorganization meeting or January 30, 2019 regular meeting. The Board discussed that they did not regularly hear other matters at the reorganization meeting and scheduled the continuation to the next meeting on January 30, 2019. Mr. Gruenberg announced that the public hearing on this matter would be continued at the January 30, 2019 meeting at 7:30 p.m. and that no further notice would be provided. Huang, Xudong Application #2018-06, Block 38.02, Lot 15, 2 Glen Eagles Road Mr. Gruenberg stated that the applicant had submitted proofs of notice of the public hearing and after review of these items found that the Board had jurisdiction to proceed. Xudong Huang, owner and applicant, appeared and was sworn in for testimony and discussed the application to install a 6 foot high white vinyl fence with gates to contain his dog and for security of the public and neighbors. Mr. Huang discussed that his lot was unique in that it was surrounded by three streets and therefore the
Washington Township Land Use Board 2 proposed location was in the front yard setback of Jackson Valley Road which required a variance and that a 6 foot high fence was not permitted in the front yard. Mr. Huang discussed that the fence would provide an aesthetic benefit and since the ground sloped down from Jackson Valley Road, the height of fence would appear more like 4 feet high and added that the fence would not be in the sight or conservation easement. Mr. Huang stated that the existing wooden fence would be removed entirely. There were no questions or comments from the public. A motion to close the public hearing was made by Klingel, seconded by Swinton. Members in favor: Klingel, Swinton, Sodtalbers, O Donnell, Foley, Artigliere, Vander Horn, Lum. A motion to approve the application and grant the variances was made by Sodtalbers, seconded by O Donnell. Members in favor: Klingel, Swinton, Sodtalbers, O Donnell, Foley, Artigliere, Vander Horn, Lum. New Jersey American Water Company, Inc. Application #2017-03, Block 48, Lot 78, Zone VR. Continued from November 29, 2017 & January 31 & February 14, March 14, April 11, 25, May 9, May 30, June 27, July 11, July 25, August 8, August 29, September 12, October 10, November 14, November 28, and December 12, 2018. 7:45 p.m. Mayor Klingel was recused from the application and did not return to the meeting. The applicant s attorney, Guliet Hirsch, appeared stating that the hearing would continue with public comments and testimony. Joseph Cunningham, 15 Birchwood Lane, was sworn in for testimony and discussed that he bought his house 5 years ago for the view and the neighborhood noting that no permission was granted for the Water Company to be on his property when they took pictures for the balloon test for the visual impact study. Mr. Cunningham discussed that he was not aware of the activity at the landfill until this application and stated his concerns for the material that may be disturbed and enter the water and become air borne and the concern that if contaminants were detected during construction that the application was not obligated to notify residents. Mr. Cunningham discussed his concerns with tampering with contaminants and traffic concerns during construction and the impact on his dog grooming business which was may disrupted if trucks were blocking the way. Mr. Cunningham stated his concern for the health impact of his family and the residents. Ms. Hirsch asked if Mr. Cunningham had ever witnessed dumping on the landfill property. Mr. Cunningham responded that not in the five years that he owned the house. Robbie Ganz, 17 Birchwood Avenue, was sworn in for testimony and stated that he witnesses dumping on the property and saw all manners of trucks at all kinds of hours. Ms. Ganz discussed his concerns for the effect on property values and the mitigation efforts would not block the view of the water tower adding that the it would have a serious impact on all of the residents. Alan Hunt, executive director of the Musconetcong Watershed Association, appeared and was sworn in for testimony. Mr. Hunt read into the record the April 9, 2018 letter from the Association that was entered as Exhibit O-7 which described the concerns and the suggested mitigation measures. Mr. Hunt stated that during the balloon test the balloon could be seen from site along the river and that a geological fault was indicated on the site from maps. The Board discussed. Ms. Hirsch asked the distances of the photos of the balloon test, if
Washington Township Land Use Board 3 the photos had been enhanced, asked if the fault line was labeled on the geoweb map provided in the letter and if Mr. Hunt or the Association had a stance on public safety. Mr. Hunt responded. Linda Magyar-Shadis, 11 Birchwood Lane, was sworn in for testimony, stating that based on testimony a request was made by the fire department for the water tank but that a name of the requester was never provided and that since she has asked the fire department and opined that it was hearsay that the fire department wanted this. Ms. Magyar-Shadis stated that testimony was provided that the tank was not for future expansion and questioned if expansion was for the Meadows at Mansfield development and produced the minutes from the Mansfield Township Land Use Board. Ms. Hirsch objected to the minutes being entered as it was not this Board and the applicant had no chance to review. Mr. Artigliere noted the objection and discussed the exceptions to hearsay and the weight to be given. Mr. Gruenberg discussed. The following minutes from Mansfield were entered: August 21, 2017 as Exhibit O-8, September 18, 2017 as Exhibit O-9, March 19, 2018 as Exhibit O-10 and May 21, 2018 as Exhibit O-11. Ms. Magyar-Shadis discussed the application for the Meadows at Mansfield in the minutes. The Board discussed. Ms. Magyar-Shadis discussed that the neighborhood would have permanent scaring if the this happens not only the tower but the building of it on a one lane street as construction vehicles would block the road taking away footage from properties. Ms. Magyar-Shadis stated that the tank would be seen from her house and that no amount of trees or fencing will change the view and discussed that property values would plummet discussing the Bernards Township study prepared by Mr. Heffernan. Ms. Hirsch objected that the study was entered into the record and was not studied effectively. Ms. Magyar-Shadis stated that the study concluded that the values would be approximately $100,000 less than comparable sales. Ms. Hirsch objected that Ms. Magyar-Shadis was not an expert real estate appraiser. Mr. Gruenberg discussed. Ms. Magyar-Shadis stated that it was not just a monetary effect but changing what you have now that you cannot get back such as the sunshine and view noting that the ground shifts frequently in the area with foundations moving. Ms. Magyar-Shadis discussed that the site was not suitable because of the contamination and that the residents would not be notified if the air monitoring detected something. Ms. Magyar-Shadis listed the contaminants found in tests and discussed the effects and levels from the Department of Health fact sheets. Ms. Magyar-Shadis stated that it was common knowledge that there was dumping on the site and that there were eyewitnesses to the dumping of specific vehicles on the site. Ms. Magyar-Shadis stated her moral objection and discussed the special needs residents in the neighborhood that have severe problems with change of any kind and summed up by stating that the application was chemically harmful, emotionally harmful and was not suitable for this particular site. Ms. Hirsch questioned Ms. Magyar-Shadis. The Board discussed. Matthew Davis, 172 Washburn Avenue, was sworn in for testimony and thanked the Board stating that he never would have thought the tank would be a negative and that his home was on the periphery but was empathetic to the neighbors most effected noting that it will have an effect on property values where buyers will not be able to get loans. Mr. Davis stated that he only learned of the site s contamination and did not know what was in the ground learning from witnesses that the same actors dumping on this site were the same dumping in the Pohatcong superfund site which was owned by the Borough of Washington which not cleaning it up. Mr. Davis stated that the soil testings did not go the depth of 28 feet to bedrock and that there were unknowns what may be encountered at depth below the 7 feet noting that it was a possible superfund site where the EPA and DEP could not make a determination where the DEP issued a minor landfill permit. Mr. Davis discussed a 2006 lawsuit involving Chatham and AT&T where once a water tower was put in place, AT&T went to a Board and was originally turned down and the decision was overturned to add a cell tower to the tank. Mr. Davis discussed that a tower in Ortley Beach was approved with no logo where a logo was eventually placed on the tower with town consent. Mr. Davis discussed the fire suppression where a firefighter cannot be found that endorsed the water tank adding the fires were in 2006 and 2007 and asked why now and opined that it was for expansion.
Washington Township Land Use Board 4 Justyna Davis, 172 Washburn Avenue, was still sworn in for testimony, thanked the Board and the applicant stating that she did not know about the landfill when they bought the house and used to allow her kids to walk on the site adding that she would not really see the tower but would notice on Point Mountain. Ms. Davis stated that the biggest issue environmental. Ms. Davis discussed that researching she could not find discussion from the fire department and noted that the Borough minutes dated August 21, 2012 entered as Exhibit O-12 where Mr. Hadley indicated that the applicant had interest in an easement on the site with no mention of fire suppression need and that they wanted the tower on this particular property. Ms. Davis could not find where Washington Township requested a tank for fire suppression and was not sure if an extension was granted for the easement by the Borough. Ms. Davis asked if there was an environmental issue who would clean it up and discussed an expansion to Mansfield as noted in the minutes entered by Ms. Magyar-Shadis. Ms. Davis discussed the letters to Steven Bruder of the SADC and questioned how the size of the tank was determined, that it seemed excessive if not increasing capacity noting that there were multiple methods to calculate capacity and that there was no testimony explaining the need for the size of the tank. Ms. Davis discussed the positive and negative criteria and the Himeji case where the list of factors that made the site particularly suited was not provided and that the only positive she heard was for the hydraulics on the site adding that the applicant seemed to be trying to mitigate the negatives with other negatives. Ms. Davis discussed other negatives such as no access to the site, that there was a bus stop right across from Birchwood Avenue where the interruption of the bus route was not addressed and asked if this was the only site to put the water tower on. Ms. Davis discussed the environmental issues where she looked at the report submitted to the Board where the chemicals that exceeded the norms where highlighted in a different color and looked up the fact sheets of these chemicals stating that there was a concern not only for the neighborhood but for construction workers dealing with the chemicals listed and stated her concern that residents would not be notified adding that this was risking health when there were other options. Ms. Davis suggested that the site should be remediated first then place the tower there noting that the Department of Health and Human Services regarding carcinogens that it was not measurable on how long you can be exposed to a chemical to cause harm. Ms. Davis stated that there were 370 signatures on a facebook page that do not want the tower. Mr. Artigliere stated that a petition would go to the governing body not the Board. Ms. Davis stated that if she were to choose the danger of a fire or dangerous chemicals, the odds of a fire versus the monitoring devices going off because of chemicals: you can mitigate the dangers of a fire and stated that the site should be cleaned up first. Mr. Sodtalbers asked if the water authority was purchasing the property. Ms. Hirsch stated that the applicant would lease an easement on a portion of the property with the Borough maintaining ownership. Mr. Sodtalbers asked if a title search had been done on the property. Ms. Hirsch responded not at this time as they were not close to closing on the easement. Mr. Sodtalbers discussed that dumps were created where there was a depression in the ground and noting that with the foundation shifting in this area suggested that it may have belonged as part of the iron wood mines in Oxford and this site may have been an air shaft. Ms. Hirsch objected as hearsay. Mr. Sodtalbers stated that mines go through the Township and Borough and throughout Sussex, Warren and Morris Counties and air shafts were necessary. Mr. Gruenberg asked if a title search would be provided to the Board. Ms. Hirsch discussed that she did not personally have a title search and that it would not indicate or prove air shafts or tunnels or mining activity on the site noting that this was speculation unrelated to the record. Mr. Gruenberg stated that a title search was not a checklist item but the Board could ask that it be provided. The Board discussed. Ms. Hirsch agreed to provide a title search but did not want to open the hearing back up. Mr. Sodtalbers stated that the applicant indicated that the site would not allow for a ground mounted tank due to the pressure and discussed that tanks can be externally pressurized and would like more evidence that a ground mounted tank could not be used on the site. The Board discussed. Ms. Hirsch stated that this would be researched.
Washington Township Land Use Board 5 Marilyn Miller-Heath, 203 Washburn Avenue, still under oath discussed a sink hole on the Kingsbury farm that opened up that you could bury a combine in and that would be in support of Mr. Sodtalbers. Mr. Vander Horn asked if the required Performance Guarantee and Main Extension Agreement between Meadows at Mansfield and NJ American Water Co. as mentioned on page 5 on the May 21, 2018 Mansfield LUB minutes marked O-11 could be provided to Board. Ms. Hirsch agreed. Mr. Gruenberg announced that the public hearing on this matter would be continued at the January 30, 2019 meeting at 7:30 p.m. and that no further notice would be provided. PUBLIC CONCERNS AND COMMENTS Joseph Cunningham, 15 Birchwood Lane, discussed that recently there were people struck by cars on Route 31 and stated that he thought that the lights and crossing signals were off at the intersection Route 31 and Route 57. Mr. Artigliere discussed that the issue would be brought the attention of the Township administrator and police department. OLD BUSINESS None. NEW BUSINESS None. ADJOURNMENT Hearing no further comments, a motion was made by Swinton, seconded by Vander Horn to adjourn the meeting at 10:20 p.m. All were in favor. Respectfully Submitted, These minutes were approved on January 9, 2019 Eileen Parks Secretary to the Board