A regularly scheduled meeting of the Wantage Township Land Use Board was held Tuesday, January 18, 2005, in the Wantage Township Municipal Building, 888 Route 23, Wantage, N.J.

Present: Chairman Smith, Mssrs. Cecchini, Bono, Hough, Corrigan, Slate, Space, Grau, De Boer, Cillaroto, Mmes. Kanapinski, Gill, Attorney Kienz and Engineer Pellow. Absent: Ms. Mylecraine.

Mr. Smith called the meeting to order at 7:40 p.m. He stated this meeting is being held in compliance with the New Jersey Open Public Meetings Act and has been properly advertised. There would be a 10:30 p.m. curfew with no new business conducted after 10:00 p.m.

REORGANIZATION
Attorney Kienz was designated to conduct the reorganization portion of the meeting. Board Members Space, De Boer, Cecchini, Hough, Kanapinski, Gill, Cillaroto and Grau were administered the oath of office.

Mr. Bono made a motion, seconded by Mr. De Boer, to name Mr. Smith as chairman of the Land Use Board for 2005. Mr. Hough made a motion, seconded by Mr. Grau to close the nominations. A voice vote was unanimously in favor.

Mr. Bono made a motion, seconded by Mr. Hough, to name Mr. Slate as vice-chairman of the Land Use Board for 2005. Mr. Grau made a motion, seconded by Mr. Hough, to close the nominations. A voice vote was unanimously in favor.

Mr. Bono made a motion, seconded by Mr. Hough, to name Mr. Pellow and the firm of Harold E. Pellow & Associates as engineer for the Land Use Board for 2005. Mr. Hough made a motion, seconded by Mr. Smith, to close the nominations. A voice vote was unanimously in favor.

Mr. Bono made a motion, seconded by Mr. Hough, to name Mr. Kienz and the firm of Weiner Lesniak as attorney of the Land Use Board for 2005. Mr. Grau made a motion, seconded by Mr. Hough, to close the nominations. A voice vote was unanimously in favor.

Mr. Bono made a motion, seconded by Mr. De Boer, to name Mrs. Kanapinski as secretary of the Land Use Board for 2005. Mr. Grau made a motion, seconded by Mr. Hough, to close the nominations. A voice vote was unanimously in favor.

Mr. Bono made a motion, seconded by Mr. Cecchini, to name Mr. David Troast as consulting planner of the Land Use Board for 2005. Mr. Grau made a motion, seconded by Mr. Slate, to close the nominations. A voice vote was unanimously in favor.

Mr. Hough made a motion, seconded by Mr. Bono, to name the New Jersey Herald and the New Jersey Sunday Herald as official newspapers of the Land Use Board for 2005. Mr. Grau made a motion, seconded by Mr. Slate, to close the nominations. A voice vote was unanimously in favor.

The meeting dates for the Board were designated as the third and fourth Tuesday of each month in 2005, except April and November. The dates are as follows: January 25, February 15 and 22, March 15 and 22, April 26, May 17 and 24, June 21 and 28, July 19 and 26, August 16 and 23, September 20 and 27, October 18 and 25, November 22 and 29, December 20 and 27 and, in 2006, January 17 and 24.

Mr. De Boer made a motion, seconded by Mr. Hough, to approve the aforementioned dates. A voice vote was unanimously in favor.

Mr. Harold Pellow, Board Engineer and Mr. David Troast, Board Planner, were sworn in for the year 2005.
Attorney Kienz stated for the record that Chairman Smith has the authority and the ability according to the bylaws of rules and regulations to set a subcommittee that he feels necessary.

RESOLUTION
Verizon (Hough Farm) was carried to January 25, 2005.

APPLICATIONS

L-20-2004 QUICK CHEK
Attorney Harry Kent Smith, representing Quick Chek, stated that this is a continuation of a public hearing from October 19, 2004 for a use variance only, not site plan approval for the applicant. Also, minor subdivision approval is needed. Project Engineer, Mr. Cahill, presented the previous plan and the revised plan, the difference being less pumps and the site being pulled forward closer to Route 23. The building is the same size but the canopy is smaller. The alignment of Clark Road has been revised. It was noted that any set back variances that were originally proposed might be amended or modified as a result of final building design and the final site plan design. The proposed architecture of the site has been amended with a mansard roof more in fitting with Sussex County feeling. The columns for the canopy are to be brick clad. Circulation and traffic patterns will be reviewed for the site plan.

Mr. Brad Bilinski with residence in Ithaca, N.Y., was present and sworn. He stated that he is affiliated with the Citgo, across the street. He opposes the variance requested; he feels that the plan should call for the building to fit the land.

Chairman Smith closed the meeting to the public.
A motion was made by Slate and seconded by Corrigan to grant the use variance. The bulk variances and the minor subdivision are also granted with the stipulation that they may need to be amended when final site plan approval is requested.

ROLL CALL VOTE:
THOSE IN FAVOR: Cecchini, Bono, Hough, Kanapinski, Corrigan, Slate.
THOSE OPPOSED: None. MOTION CARRIED.

Mr. Slate made a motion, seconded by Mr. Corrigan, to approve the resolution memorializing the Board’s decision January 18, 2005, to grant a use variance, bulk variance and minor subdivision approval to Quick Check Food Stores, Inc. for Block 4, Lot 1.01 as shown on the Tax Map of the Township of Wantage, located on New Jersey State Highway Route 23 and Clark Road in the HC (Highway Commercial) Zone, pursuant to N.J.S.A. 40:55D-70(c) and (d) as well as N.J.S.A. 40:55D-47, subject to the following terms and conditions:

1. The development of this parcel shall be implemented in accordance with the plans submitted and approved.
2. This approval is granted strictly in accordance with the plans submitted by the Applicant which include but are not limited to:

A. “Traffic Impact Analysis for Quick Check Food Stores, Inc., Proposed Food Store and Gasoline Station Block 4, Lot 1.01, Route 23 and Clark Road, Township of Wantage, Sussex County, New Jersey” prepared by Elizabeth Dolan, P.E. and Joseph J. Staigar, P.E., dated February 18, 2004;

B. Use Variance Plan prepared by Keith B. Cahill, P.E. of Bohler Engineer, P.C., dated February 9, 2004 with a last revision date of August 30, 2004 and consisting of two (2) sheets;

C. Existing Roadway Plan prepared by Keith B. Cahill, P.E. of Bohler Engineering, P.C., dated February 9, 2004 with a last revision date of August 30, 2004 and consisting of one (1) sheet;

D. ALTA/ACSM Land Title Survey prepared by Jeffrey B. Bunce, L.S. of Control Point Associates, Inc. dated January 30, 2004 and consisting of two (2) sheets; and

E. Proposed floor plan and building elevations prepared by Gary Kliesch, A.I.A., NCARB of Gary Kliesch and Associate Architects, P.C., dated May 18, 2004 with a last revision date of June 30, 2004 and consisting of three (3) sheets.

3. Subject to the Applicant submitting an eventual site plan application that resolves to the Board’s satisfaction issues regarding fuel delivery, truck turning movements, access from and alignment of the proposed relocation of Clark Road as well as the Subject Property’s ability to sustain a septic system and potable water. The Applicant will also need to prove the design of the site is appropriate and consistent with the plans for the area. Further, these proofs must also show that no negative impact of any kind will result from the proposed development scheme for the parcel.
4. Subject to the terms and conditions of the Report of the Board Engineer, Harold E. Pellow, P.E., L.S., Township Engineer, dated June 23, 2004 and revised on July 16, 2004 or as same may have been amended at the time of the hearing.
5. Subject to the terms and conditions of the Report of the Board Planner, David R. Troast, and dated October 16, 2004 or as it may have been modified at the time of the hearing.
6. Prior to the issuance of any construction permit, the Applicant shall file with the Board and Construction Official an affidavit verifying that the Applicant is in receipt of all necessary agency approvals other than the municipal agency having land use jurisdiction over the application and supply a copy of any approvals received.
7. Payment of all fees, costs, escrows due or to become due. Any monies are to be paid within twenty (20) days of said request by the Board’s Secretary.
8. Certificate that taxes are paid to date of approval.
9. Subject to Sussex County Planning Board approval.
10. Subject to New Jersey Department of Transportation approval.
11. Subject to New Jersey Department of Environmental Protection approval.
12. Subject to Sussex County Health Department approval.
13. Subject to Sussex County Soil Conservation District approval.
14. Subject to all other applicable rules, regulations, ordinances and statutes of the Township of Wantage, County of Sussex, State of New Jersey, or any other jurisdiction.

ROLL CALL VOTE
THOSE IN FAVOR: Cecchini, Hough, Slate, Corrigan, Bono, Kanapinski
THOSE OPPOSED: None. MOTION CARRIED.

The Board held a work session with the applicant regarding some of the items that need to be addressed for site plan application. Traffic studies and conversations with the DOT need to be conducted to determine the access and alignment of Clark Road. The location and orientation of the pumps was played with at their offices and the best proposal is to have them perpendicular to Route 23. Parking is adequate but may have to be adjusted when the final plan is submitted. Discussion was held regarding the front of the building facing Clark Road. They have found that they need visibility of the pumps from inside the store for security reasons.

Chairman Smith gave an overview of the Board’s vision for the Route 23 corridor. He suggested the canopy be a little higher to give some depth. The windows become advertising billboards. He suggested the windows be broken up with grills to give a little decorative appearance.

Attorney Smith suggested they meet again with the engineer and planner when they get further along with the site plan.

L-30-2004 RACHEL MANOR
Applicant has requested to carry this application to a further date. Mr. Bono made a motion, seconded by Mr. Cecchini, to carry this application to April 26, 2005.
ROLL CALL
THOSE IN FAVOR: Cecchini, Bono, Hough, Slate, Smith, Kanapinski.
THOSE OPPOSED: None. MOTION CARRIED.

L-47-202 SUSSEX SOUTH ASSOCIATES
Attorney Richard Honig stated that the applicant has reinstated their application to subdivide two lots from Lot 7 and seven lots from Lot 8 in Block 30 on County Route 651 aka Unionville Road.

Mr. Alan Wolpert, principal, Mr. Barry Caffrey, surveyor and Mr. James Rogers, engineer, were sworn.
Attorney Honig stated that there are some variances and waivers that are being requested and will be addressed in the hearing.

Mr. Caffrey stated they are proposing to subdivide lots 7 and 8 on Unionville Road with 7 new building lots and two remaining lots. The total area is 112 acres.

Attorney Honig referred to the engineer’s report regarding the requirement of the 20,000 sq. ft. building area. Since the Ordinance has not been adopted, they feel that they should not comply. Most of the lots do meet that requirement except for lot 7 and 8.05. The area is close to the 20,000 sq. ft. Access to the existing cemetery was discussed. Most of the trails go to the fields but not to the cemetery. They are proposing a right of way easement for access but there are wetlands that would not allow a vehicle to cross the entire easement area to the cemetery. It could be walked but could not be driven too. The engineer recommended that tree lines and stonewalls be preserved. A plot plan could be submitted showing a limit of disturbance. Some of the lot lines are not perpendicular to the road as required. A waiver is requested for the central water system. They are in the process of obtaining an LOI and it will probably be a 150 ft. buffer. There is probably about 400 ft. between the wetlands and the road. A common driveway serves four lots. It can be made to serve three but that is up to the County and the layout they will require. Discussion was also held regarding the COAH unit. With 8 lots or more a unit has to be built. It will be part of a developer’s agreement. Drainage and storm water regulations will be worked out with the engineers.
Chairman Smith opened the meeting to the public. No one was present expressing any interest in this application.
Mr. Corrigan raised the question regarding the 4 lots on the common driveway and the ability for access to the cemetery.

Mr. Cecchini made a motion and was seconded by Mr. Slate to authorize Attorney Kienz to prepare a favorable resolution for next month.
ROLL CALL VOTE:
THOSE IN FAVOR: Cecchini, Hough, Bono, Kanapinski, Gill, Space, DeBoer, Slate, Smith.
THOSE OPPOSED: None. MOTION CARRIED.

The Board took a five-minute recess.

Chairman Smith that when we adopted the Master Plan we informed the public that this would be a changing documents. With the Highlands Act, Wantage and Frankford are prime targets. Based on our projections for development there are about 2600 residences that would be the total build out. We have been working with the County so that we can achieve plan endorsement. Discussions at the work sessions ranged from projections for school enrollment and possibility of a school site, commercial development, and property rites for development, traffic and COAH responsibilities. The proposed corridor begins at Clark Road at the intersection with 565 southward to Blair Road. There are soil removal operations all along this route. The County has included this as a Sewer Service Area which would allow for development on this corridor. Open Space was an item of concern of the public when we had the Master Plan Hearing. Keeping all these things in mind, we are proposing an interior road that would parallel Route 23 to service development for this corridor.

David Troast, planner, stated that there are 3 major areas on Route 23 that are currently in for development or up for sale. The State has come up with a plan to allow for the development in a certain area. It is known as Transfer Development Rights and Transfer Development Credits. Each development would be a pearl and the interior road and Rt. 23 would be the string to connect each development. There would be a mix of housing, apartments, townhouses, single families and senior as well as commercial development. This would allow for the rural character in the outer sections by transferring the development rights from that area to the Route 23 corridor.

Mr. Corrigan asked if all the farmers did not sell the development rights, then this will greatly increase our population.
Chairman Smith stated that this would not be an option. If a developer did not purchase the development rights, then this area on the Rt. 23 corridor would be 5 acre zoning. An example would be that if someone had 20 acres, they could sell their rights for 3 development units and that property would be in open space and/or farmland. They could do it for 1 or 2 units at one time and do the remainder one at a different time.

Mr. Troast stated that this is still in the design stage and we needed to discuss this with the full Board so that everyone can have some input.

Some discussion took place regarding the proposal. Overall the feedback was positive.

On a motion duly made, seconded and carried, the meeting was adjourned at 10:45 p.m.
Respectfully submitted,

Stella Salazar
Assistant Secretary