scene from Wantage Township
Minutes of Wantage Township 2005 Meetings
Land Use Board
March 22 , 2005
A regularly scheduled meeting of the Wantage Township Land Use Board was held Tuesday, March 22, 2005 at 7:30 p.m at the Wantage Township Municipal Building.

Chairman Smith opened the meeting. He stated 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.

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

Mr. Smith made reference to a number of applications that are either incomplete or have asked to be carried over to the April 26 meeting.

L-3-2005 KUIKEN BROTHERS
Application for site plan approval to construct a storage shed on the southerly side of the existing retail building. The property is in the HC zone and is known as Block 7, Lot 14 located on Route 23. A public hearing was scheduled before the application was deemed incomplete.

A motion was made by Mr. Hough and seconded by Mr. Bono to carry this application over to the 4/26 Board meeting.
ROLL CALL VOTE
THOSE IN FAVOR: Smith, Slate, Space, DeBoer, Corrigan, Cecchini, Bono, Hough, Kanapinski.
THOSE OPPOSED: None. MOTION CARRIED.

L-8-2005 SUSSEX SOUTH ASSOCIATES
Application for a two lot minor subdivision located on Unionville Road. The property is known as Block 30, Lot 7 and contains 12.094 acres in the R-5 zone. The Applicant requested to carry over to the next meeting.
A motion was made by Mr. Hough and seconded by Mr. Bono to carry this application over to the 4/26 Board meeting.

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

L-9-2005 SUSSEX SOUTH ASSOCIATES
Application for a major subdivision approval of 6 lots with a remainder of 98.355 acres located on Unionville Road. The property is known as Block 30, Lot 8 in the R-5 zone. The Applicant requested to carry over to the next meeting.
A motion was made by Mr. Hough and seconded by Mr. Bono to carry this application over to the 4/26 Board meeting.

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

MUNICIPAL STORMWATER MANAGEMENT PLAN
Engineer Tom Nutelski, of Harold Pellow and Associates, was present at the meeting to formally 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 does not anticipate it being denied since it complies with the NJDEP regulations already in place.

In 1999 the EPA passed the clean water act. This particular legislation requires that all small municipalities treat and regulate their stormwater. It has been found that 6% of all stormwater pollutants enters the waterways through smaller municipalities storm sewer systems. This particular plan addresses how the municipality is to regulate that stormwater. It is also meant to be a guidance document on how the municipality can implement the new stormwater regulations in their procedures. The plan is broken up into several segments.

There are nine (9) specific implementation goals of this program as follows:
  1. to reduce flood damage, including damage to life and property;
  2. to minimize, to the extent practical, any increase in stormwater runoff from any new development;
  3. to reduce soil erosion from any development or construction project;
  4. to assure the adequacy of existing and proposed culverts and bridges, and other in-stream structures;
  5. to maintain groundwater recharge
  6. to prevent, to the greatest extent feasible, an increase in nonpoint pollution;
  7. to maintain the integrity of stream channels for biological and drainage function;
  8. to minimize pollutants in stormwater runoff from new and existing development to restore, enhance, and maintain the chemical, physical, and biological integrity of the waters of the state, to protect public health, to safeguard fish and aquatic life and scenic and ecological values, and to enhance the domestic, municipal, recreational, industrial, and other uses of water; and
  9. to protect public safety through the proper design and operation of stormwater basins.

Chairman Smith opened the meeting to the public. There were no comments from public. Mr. Smith opened the meeting to the Board.

Chairman Smith addressed 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.

Mr. Smith had a question on permits for utility companies. Mr. Nutelski indicated that he is aware of certain exemptions for utility companies. He does not know if it applies to both above ground and below ground utilities. However, he believes that even if an exemption did not exist, a waiver would most likely be justified given the nature of the development.

Chairman explained to the Board that once this Board adopts the plan it would go on to the County for their review and if there are any questions it would come back to the Board.

Ms. Kanapinski asked if there are sample ordinances available. Mr. Nutelski stated that once the plan is approved by the County then the ordinances would be developed.

Applications for residential development and applications that have a DEP permit requirement are subject to the stormwater plan.

Mr. Cillaroto asked who would make additional site inspections. Mr. Nutelski stated that it would probably be up to the Township’s engineer’s office and to the Building Department’s office to implement these aspects. Also, it is important to educate the contractors as far as installation of the new items and to be ready for inspections. Mr. Smith said that homeowner is responsible if there’s a basin on their property and they have a retention element to make sure it is maintained.

Mr. Cecchini made a motion seconded by Mr. Slate, to adopt the Municipal Stormwater Management plan to be sent to the County for review.

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

L-27-2004 MAIN LAND SUSSEX
The Applicant has submitted a revised site plan showing the traffic circulation plan for the drive up window for Dunkin Donuts. The property is located in the HC zone and is known as Block 7, Lots 12 and 13.02 located on Route 23.
Mr. Edward Mainardi of Wantage Plaza and Mr. David Newkirk, Engineer, were present. for the Applicant. The Principal of Dunkin Donuts, Ms. Priti Shetty was present as well.

Engineer Newkirk presented the revised plan for the traffic going around the drive up window and showed how the traffic is being brought away from intersection. The parking calculations revised from last time changed from 573 to 504. They stated that they have 12 additional parking spaces. No building will be done at this time but they would like to have approval to build if needed.

A review of Township Engineer Harold Pellow’s report dated 3/22/05 was done. This report covered recommendations by Mr. Pellow. It was decided as follows:

Items 1, 2, 5, 9, and 11 were found acceptable and the Applicant will comply with.
Item 10 is not applicable to this application.
Items 12 and 14 will remain as stated.

It was decided that the Applicant’s Engineer and the Township will meet to discuss Items 3, 4, 6, and 13
Items 7 and 8 will be discussed at a later date. They are not an issue at this time.

Mr. Smith opened the meeting to the public. There was no one from the public present for this application. Mr. Smith opened the meeting to the Board.

Mr. DeBoer was concerned about the use of the parking lot at the plaza for the senior citizen bus trips to Atlantic City. About 50 cars park there all day. Mr. DeBoer brought up the fact that the medevac helicopters sometimes to land there if needed if there are trees planted there they may interfere with the landing of the helipcopters. To this concern, Mr. William Mainardi, Jr., Project Manager of Wantage Plaza stated that he was happy to be able to provide this service to the community.

A motion was made by Mr. Slate and seconded by Mr. Cecchini, to grant C Variance approval for 492 parking spaces and to approve the comments on Mr. Pellow’s report pending completion of some of the items to be reviewed and discussed at a later date.

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

Ms. Shetty would like permission to place a temporary sign, about 6 months, and a banner as well, for advertising of her new business. Mr. Cecchini recommended 3 months. The Board will follow with a letter to Mr. Kevin , Building Dept.with permission for 2 temporary signs each about 5 ft high featuring a cup of coffee and a baskin robbins cup.
A motion was made and a voice vote to grant permission for 2 temporary signs and a banner for a period of three (3) months to be placed at the new Dunkin Donuts site in Wantage Plaza.

The Board took a five-minute recess

FARMLAND PRESERVATION
Mr. Smith announced to the Board that Ms. Donna Traylor confirmed that all the applications that were done under the old ordinance are still covered under that ordinance.

L-6-2005 MOUNTAIN VIEW MANOR
The Applicant is proposing to subdivide 11.107 acres from a 40.102 acre tract on Route 23. The property is known as Block 4, Lot 1.01 and is located on Route 23. Variances are required.

Tom Mallack from Morristown, Mr. Kevin Winn, Engineer since 1995, licensed prof. Planner, and Mr. John Maione, President of Mountain View Manor were present for this application.

Mr. Winn explained to the members of the Board the request for the subdivision.

Mr. Smith opened the meeting to the public. No one from the public was present for this application. Mr. Smith opened the meeting to the Board. There were no questions from the Board.

A motion was made by Mr. Cecchini and seconded by Mr. Slate, to grant approval of the minor subdivision of two (2) lots on this application.

Mr. Smith announced that Mr.Space had to step down from the dais due to possible conflict as recommended by our counsel.
ROLL CALL VOTE
THOSE IN FAVOR: Smith, Slate, Corrigan, Cecchini, Bono, Hough, Gill, Cillaroto.
THOSE OPPOSED: Mylecraine. MOTION CARRIED.

ORDINANCES
A motion was made by Mr. Cecchin and seconded by Mr. Bono to adopt the 2 ordinances and send them to the Township Committee.

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

WANTAGE RIDGE DEVELOPMENT
The Applicant and his representatives were present at the meeting for an informal discussion concerning site entrance distance from a main road. The Applicant is proposing to develop townhouses, affordable living, commercial, rental, not age restricted

Since the proposed development is located off of County Road 639 and County Road 528, the Applicant was directed to file an application with the County Government. Wantage Township does not have jurisdiction on a county road issue.

RESOLUTIONS:

OMNIPOINT
The application of Omnipoint Communications, Inc. and Cingular Wireless Services, Inc. for Block 44, Lot 24, as shown on the Tax Map of the Township of Wantage located at 743 Route 23 in the H-C Zone, requesting preliminary and final site plan and conditional use approval was granted pursuant to N.J.S.A. 40:55D-46, N.J.S.A. 40:55D-50 and N.J.S.A. 40:55D-67, subject to the following terms and conditions:

  1. 1. The development of this parcel shall be implemented in accordance with the plans sumitted and approved.
  2. 2. This approval is granted strictly in accordance with the plans prepared by French and Parrello Associates, P.A., dated June 2, 2004 and consisting of seven (7) sheets and/or as same may have been modified at the time of the hearing and/or in consultation with the Board Engineer. In this regard, the Applicants shall file revised plans which shall show at a minimum:
    (1) location of the antennas for Omnipoint;
    (2) location of the antennas for Cingular;
    (3) location of the antennas for the municipal services (generally);
    (4) location of two (2) additional locations for future collocation by other providers; and
    (5) detailed drawings with respect to the equipment cabinets and wireless communications facilities for       both Cingular and Omnipoint.
  3. The granting of this application is subject to and conditioned upon the Applicants complying with all terms and conditions of the review report prepared by Harold E. Pellow, P.E., dated June 23, 2004 and as same may have been amended at the time of the hearing of this matter.
  4. Prior to the issuance of any construction permit, the Applicants shall file with the Board and Construction Official an affidavit verifying that the Applicants are 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. In particular, the Applicants shall provide that they are in compliance with FAA regulations.
  5. The granting of this application is subject to and conditioned upon the Applicants constructing a wireless communications monopole tower at a maximum height of 80 feet, exclusive of the additional height to be added by the antennas to be mounted on top of the monopole tower for municipal services.
  6. The granting of this application is subject to and conditioned upon the Applicants constructing a stealth tree monopole to reduce any negative visual impact.
  7. The granting of this application is subject to and conditioned upon Omnipoint permanently withdrawing its application presently pending as (L-44-2004) for Block 44, Lot 18 as shown on the Tax Map of the Township of Wantage and Cingular permanently withdrawing its pending application under (L-42-2004) for Block 44, Lot 24 as shown on the Tax Map of the Township of Wantage.
  8. Payment of all fees, costs, escrows due or to become due. Any moneys are to be paid within twenty (20) days of said request by the Board’s Secretary.
  9. Certificate that taxes are paid to date of approval.
  10. Sussex County Planning Board approval.
  11. 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.

A motion was made by Mr. Bono and seconded by Mr. Slate, to approve the resolution granting approval to this application.

SISCO
The application of George Sisco for Block 131, Lot 1.07 as shown on the Tax Map of the Township of Wantage, located at 10 Dunn Place in the R-5 Residential Environs Zone, was granted use variance approval pursuant to N.J.S.A. 40:55d-70(d), 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 prepared by Eric R. Smart, dated January 17, 2005 and/or as same may be modified at the hearing or in consultation with the Board Engineer.
  3. The Applicant shall comply with the recommendations contained in the Board Engineer’s review report dated January 31, 2005 and as same may have been modified at the time of this matter.
  4. Subject to there being no other use on the Subject Property unless an additional application for said use is filed with the Wantage Land Use Board for its review.
  5. Subject to the Applicant preparing a Deed for review by the Board Attorney restricting the Subject Property such that the addition to be constructed shall not be used as a separately rented apartment unit if the mother/daughter style residence approved herein were abandoned. Said Deed shall be recorded with the Sussex County Clerk upon approval of the Board.
  6. Prior to the issuance of any construction permit, the Applicant shall file with the Board and the 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. Sussex County Planning Board approval, if necessary.
  10. 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.

A motion was made by Ms. Mylecraine and seconded by Mr. Bono, to approve the resolution granting approval to this application.

ADJOURNMENT
A motion was made by Mr. Hough and seconded by Mr. Bono, to adjourn the meeting at 10:50 p.m.

Respectfully submitted,

Stella Salazar
Assistant Secretary

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