scene from Wantage Township
Minutes of Wantage Township 2005 Meetings
Land Use Board
March 15 , 2005
A regularly scheduled meeting of the Wantage Township Land Use Board took place on Tuesday, March 15, 2005 at 7:30 p.m.

PRESENT: Mssrs. Smith, Slate, Space, DeBoer, Corrigan, Cecchini, Bono, Hough, Cillaroto, Mmes. Kanapinski, Mylecraine, Gill, Attorney Bryant Gonzalez, Township Engineer Harold Pellow.
ABSENT: Mr. Grau.

Chairman Smith announced that this meeting was being held in compliance with the provisions of the Open Public Meetings Act, Public Laws 1975, Chapter 231. It had been properly noticed and posted to the public.

Chairman Smith noted for the record that he reviewed the tapes of the February 15, 2005 meeting. Mr. Smith was absent for that meeting. He wished to let everyone know that he was well aware of what was said at that meeting. Mr. Corrigan, who was also absent for that meeting, indicated that he had reviewed the tapes as well.

MUNICIPAL STORMWATER DEVELOPMENT PLAN
Engineer Tom Nutelski, of Harold Pellow and Associates, was present at the meeting to informally introduce the Wantage Township Stormwater Management Plan, which he helped prepare. This plan is a new guidance document for the implementation of the new stormwater management regulations which were adopted by NJDEP in February 2004. These new stormwater regulations are a different way for all developers to look at how to handle stormwater management on their sites. He indicated that this plan hopes to eliminate pollution caused by stormwaters. He asked of the Board to:
  1. take time to read the report and offer any comments, suggestions or concerns,
  2. be placed on agenda for next available Board meeting to allow the public to discuss the plan, and
  3. at public forum should there not be any fatal flaws to adopt plan to send to Sussex County for review and approval

He does not anticipate it being denied since it complies with the NJDEP regulations already in place.

Chairman Smith cautioned the Board about this issue since it is not only the contractor’s responsibility or the applicant’s responsibility to monitor the disposal of stormwaters. The homeowner has some responsibility to make sure that any facility or catch basin on his or her properly is maintained properly.

L-35-2003 KEVIN KENT
The Applicant has revised his plans for Block 151, Lot 24.02 on Route 519. He is proposing to remove the existing trailers and replace it with a single family (Cape Cod style residence).

Reference was made to Mr. Harold Pellow’s report dated 2/1/05 reviewed at the last meeting. The only item pending was a set back issue. A porch was slightly ahead of the corner of the house. Mr. Kent indicated that according to the revised plans everything that is proposed is actually now further set back
.
Attorney Gonzalez reviewed the terms of the application, the proposed improvement, the items on Mr. Pellow’s report, the plans prepared by Mr. Eric Smart.

There was no one from the public on this application. Open to the Board. There were no questions or comments from the Board.

Motion was made by Mr. Bono and seconded by Mr. Slate, to approve the terms of Mr. Pellow’s report and the variance requested.

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

FARMLAND PRESERVATION
Chairman Smith made reference to his conversation with Donna Traylor who is involved in farmland preservation for the county. Donna had entered into a number of contracts for people who put their land on farmland preservation and at the time subdivided a piece of property for future building. In most cases, it is a 2-acre piece of property. In their discussion with Donna, it was not their intent to penalize the person who put the farmland in preservation and at that time set aside a piece of property. Later our ordinance changed to the 5-acre regulation. Mr. Smith believes that if the agreement was signed prior to the master plan change then the Board should recognize that adjustment.

Mr. Tom Morris was scheduled for a discussion on this issue at this meeting. Mr. Morris was not present at the meeting. However, he is proposing to subdivide a 2-acre lot noted as a residential exclusion on a farmland preserved tract on Quarry Road.

Mr. Smith asked Ms. Kanapinski to contact Mr. Morris and let him know that the 2-acre subdivision is not an issue.

L-52-2002 FORUM HOMES
This application is being reheard by the Board on the basis of a remand ordered by the court. The property is located on Old Clove Road off Newman Road and is known as Block 113, Lot 11.01 and Block 114, Lot 3.

Attorney William Strasser of Strasser and Associates of Paramus, New Jersey, and Mr. George Gloede, the Engineer for this project, were present for this application.

Attorney Gonzalez made a brief summary of this application. He indicated that this matter was heard at the February 15, 2005 meeting. It was opened up to the public, after significant testimony and discussion, the matter was carried so the Applicant’s engineer and our professional staff could work out some improvements for the intersection of Newman Road and Old Clove Road. He also indicated that revised plans on the subject have not been presented by the Applicant.

Mr. Gonzalez made reference to a letter from George Mr. Papp, Superintendent of Sussex-Wantage Regional Schools, dated March 15, 2005 regarding the ability of the buses to get up and down the hill. After an inspection of the intersection of Newman Road and Old Clove Road, Mr. Papp did not recommend to the Board of Education placing a bus on that road based on the following findings:

1) the inability of the bus, even when empty, to exit the intersection without the tail pipe scraping the road,
2) the width of the road being less than the needed 33 ft,
3) no sufficient turn around,
4) unsafe area for students to wait for the bus.

Mr. Gonzalez indicated that the Applicant was willing to install sidewalks. However, those plans have not been made available for the Board to review.

The attorney for the Applicant indicated that the plan for sidewalks will be ready by Friday so they can have this matter expedited.

Chairman Smith does not believe sidewalks can be put on that steep hill. He questions the congregation of students at the bottom of that hill. He expressed his concern about the sidewalk cleaning issue and the steepness of the road. He believes it is very unsafe for kids to travel on a steep hill. He believes that the Applicant’s engineer is going to have to address that roadway in a different format.

Mr. Smith made reference to Mr. Harold Pellow’s report dated 2/9/05 - revised

Item 8 on road trust fund – question on whether or not the funds could be allocated towards the maintenance of that road. It was never the intent of that road trust fund. The contribution is to address the impact of the overall development in Wantage Township.

Item 12 off site improvements – will be discussed at a later time.
There are other items on Mr. Pellow’s report which need to be addressed pending the outcome of the revised plans.

A walk through the property was scheduled for April 12th at 5:00 p.m. at the site for staking. Rain date April 13th.
Mr. Smith made an announcement that the public is allowed to be present at the site walk. However, they are not allowed to ask any questions nor make any comments or suggestions to any of the members of the Board because they cannot be unduly influenced or pressured. Mr. Gonzalez addressed the public and stated that if they see something they can bring it up at the April 26 meeting if it pertains to the sidewalk issue being the only issue that will be brought up at the meeting.

The Attorney for the Applicant stated that they need waivers for anyone from the public who is interested in attending the site walk. It was announced that anyone wishing to attend must contact Joanne for a waiver prior to the walk.

A motion was made by Mr. Slate and seconded by Mr. Cecchini, to carry this application to the April 26 meeting. The applicant was in agreement.

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

The members of the public present at the meeting inquired about being able to speak at this meeting. Mr. Smith and Attorney Gonzalez explained that they were not allowed to hear anyone from the public on this application at today’s meeting since there were no discussions about the pending sidewalk issue being that there no sidewalk or roadway plans available from the Applicant. They were instructed that they would be allowed to speak at the April 26 meeting when the pending sidewalk issue is discussed with the Applicant.

MAGGIO AND MCEWAN
Mr. Gonzalez gave the Board a brief summary of these two applications and the reason why they were remanded back to the Board. Following the Board’s meeting on January 25th 2005 and review of the Maggio application, a February 1, 2005 hearing on the McEwan portion of this application took place. There was a question whether 1-acre or 5-acre applied to the McEwan piece. Judge Bazzanellas ruled that because the resolution tied the McEwan piece to the resolution of the Maggio subdivision he was going to remand back both applications for determination as to whether 5-acre zoning applies to each of the parcels. Both applications will be reheard and a decision will have to be made.
On a motion duly made and seconded, the Board took a break.



OTHER BUSINESS


NEW ORDINANCES
Mr. Smith noted for the Board the proposed amendments to our ordinance:
  1. Height requirements on accessory buildings.
  2. Minor site plan – allows businesses to make an addition if needed i.e. for a refrigerator.
  3. Mother/daughter – defined as one (1) housing unit, when they sell they have to sell as mother/daughter, deed restricted.

The Board agreed that the amendments look reasonable. They clarify certain issues and they make it easier for the issuance of building permits with the applicants having to request use variances.

BRUCE MORSE
A site walk was scheduled for April 12th immediately after the Old Clove walk.

DISCUSSION
The issue of signage was discussed as far as dealing with enforcement of the sign ordinance as far as billboards, bus stops, and vehicle advertisement.

ADJOURNMENT
On a motion duly made, seconded and carried, the meeting was adjourned at 9:30 p.m.

Respectfully submitted,

Stella Salazar
Assistant Secretary

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