A regularly scheduled meeting of the Wantage Township Land Use Board was held on Tuesday, April 25, 2006 at the Wantage Township Municipal Building. The meeting was held in compliance with the provisions of the Open Public Meetings Act, Public Laws 1975, Chapter 231. It was properly noticed and posted to the public.

ROLL CALL
PRESENT: Mssrs. Smith, Space, Slate, DeBoer, Hough, Cecchini, Cillaroto, Grau, Mmes. Kanapinski, Gill, Mylecraine, Township Attorney Glenn Kienz, Township Engineer Harold Pellow.
EXCUSED: Mssrs. Corrigan, Bono.
ABSENT: None.


L-8-2006 JEFFREY QUITADAMO
Interpretation and/or variance to install a 6 ft. high fence along Route 650. The property fronts on both Rt. 650 and Cider Mill Drive and therefore is considered to have two front yards and the height of the fence is limited to 3 ft. in the front yard. The property is known as Blk. 45, Lot 14.04 in the RE zone.

The applicant, Mr. Jeffrey Quitadamo appeared before the Board.

One of Mr. Quitadamo’s neighbors, Ms. Lois Kipper, stated that the fence is a needed security measure.

The Board agreed that it is a unique situation. It was discussed that this application should be treated as a variance rather than as an interpretation. A recommendation was made to the applicant to make sure that the fence is installed exactly where the plans show it is going.

The applicant requested a waiver of receipt of resolution so installation of the fence can start.

Mr. Cecchini made a motion seconded by Mr. DeBoer to grant variance approval and to waive receipt of the resolution prior to construction.

ROLL CALL VOTE:
THOSE IN FAVOR: Smith, Space, Slate, DeBoer, Hough, Cecchini, Kanapinski, Mylecraine, Grau.
THOSE OPPOSED: None. Motion carried.

L-9-2006 THOMAS MORRIS
Application to subdivide a two acre lot from a residential exclusion area set aside under the Farmland Preservation Program. The acceptance into the program was completed prior to the adoption of five acre zoning. The property is located on Quarry Road and is known as Blk. 29, Lot 8 in the RE zone.

Surveyor Eric Smart and Tom Morris, the applicant, appeared before the Board. Mr. Smart made a brief presentation of the application. Engineer Harold Pellow’s report was reviewed and discussed.

It was noted that the Deed on this property was dated 12/15/99, prior to the 5-acre lot ordinance.

There was no one from the public present on this application.

Mr. Cecchini made a motion seconded by Mr. Slate, to grant subdivision approval, subject to the conditions on Mr. Pellow’s report.

ROLL CALL VOTE:
THOSE IN FAVOR: Smith, Space, Slate, DeBoer, Hough, Cecchini, Kanapinski, Mylecraine, Grau.
THOSE OPPOSED: None. Motion carried.

L-10-2006 ROBERT & TINA LONGO
Application to construct an above ground pool in the rear yard of the property. Variances are needed for side yard and rear yard requirements. The property is located at 6 Greystone Court in Lake Neepaulin and is known as Blk. 87, Lots 7 & 8.

Mr. Robert Longo appeared before the Board. He explained the reasons why he is looking to install the pool where proposed.

There were no objections from the public on this application. There were no objections from the Board.

The applicant made a request for a waiver of receipt of the resolution prior to installation of the pool.

Mr. Grau made a motion seconded by Mr. DeBoer to grant variance approval for the side yard and the rear yard and to waive receipt of the resolution prior to construction.

ROLL CALL VOTE:
THOSE IN FAVOR: Smith, Space, Slate, DeBoer, Hough, Cecchini, Kanapinski, Mylecraine, Grau.
THOSE OPPOSED: None. Motion carried.

L-1-2006 DANIEL TARRATS
Application for final major subdivision approval for Phase I for Wantage Acres located on Neepaulin Drive and Newman Road. The property is known as Blk. 45, Lot 7 in the RE zone.
Engineeer and Surveyor Ken Wentink appeared before the Board on behalf of the applicant. Mr. Wentink submitted to the Board a power of attorney from the applicant, Mr. Tarrats. He stated that the subdivision was approved in 2003. Mr. Pellow’s report was reviewed and discussed. It was noted that the intersection and the driveways must be taken care of.

There were no comments from the public or from the Board.

Mr. Slate made a motion seconded by Mr. Cecchini to grant final subdivision approval subject to realignment on the intersection of Newton Avenue and Newman Road and the conditions on Mr. Pellow’s report.

ROLL CALL VOTE:
THOSE IN FAVOR: Smith, Space, Slate, DeBoer, Hough, Cecchini, Kanapinski, Mylecraine, Grau.
THOSE OPPOSED: None. Motion carried.

APPROVAL OF MINUTES
Mr. DeBoer made a motion seconded by Mr. Grau, to approve the minutes of March 21 and March 28, 2006.
ROLL CALL VOTE:
THOSE IN FAVOR: Smith, Slate, DeBoer, Hough, Cecchini, Gill, Grau.
THOSE OPPOSED: None. Motion carried.

RESOLUTIONS

L-26-2003 MCEWAN
Mr. Cecchini made a motion seconded by Mr. Grau to adopt the resolution memorializing the Board’s decision March 21, 2006 to approve the application of B. Robert McEwan for Block 15, Lots 8 and 10 as shown on the Tax Map of the Township of Wantage, located on Spreen Road in the former R-1 Zone, requesting amended preliminary and final major subdivision approval pursuant to N.J.S.A. 40:55D-48, N.J.S.A. 40:55D-50, N.J.S.A. 40:55D-70(c) (for lot width as previously granted), N.J.S.A. 40:55D-36 (variance for fronting upon an unimproved road, if necessary as previously granted) and de minimus exceptions from the Residential Site Improvement Standards at N.J.A.C. 5:21-4.5 and 5:21-4.10 as stated herein pursuant to N.J.A.C. 5:21-3.1, subject to the following terms and conditions:

1. The development of this parcel shall be implemented in accordance with the plans submitted and approved or as otherwise modified at the time of the hearing and through consultation with the Board Engineer.
2. The development of this parcel shall comply with the terms and conditions of the Resolution granting preliminary and final major subdivision approval with variance relief decided on August 13, 2003 and memorialized on October 28, 2003, except as same may have been modified by this Resolution.
3. The Applicant shall make a contribution to the Road Trust Fund in the amount of $1,900.00 per lot for a total of $7,600.00.
4. 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.
5. 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.
6. Certificate that taxes are paid to date of approval.
7. Sussex County Planning Board approval, if necessary.
8. New Jersey Department of Environmental Protection approval, if necessary.
9. 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: Smith, Space, DeBoer, Hough, Cecchini, Kanapinski, Gill, Grau.
THOSE OPPOSED: None. Motion carried.

Bob McEwan appeared before the Board and stated that he has tried to make piece on Spreen Road to no avail. Would like to proceed with construction.

Mr. Grau made a motion seconded by Mr. Slate to allow construction proceedings.

ROLL CALL VOTE:
THOSE IN FAVOR: Smith, Space, Slate, DeBoer, Hough, Cecchini, Kanapinski, Mylecraine, Grau.
THOSE OPPOSED: None. Motion carried.

L-8-2005 VAN DECKER
Mr. Cecchini made a motion seconded by Mr. Slate to adopt the resolution memorializing the Board’s decision of December 20, 2006 to approve the application of VanDecker Brothers, Inc. for Block 21, Lots 8, 9, 36, 37 and 38 as shown on the Tax Map of the Township of Wantage, located on State Highway Route 284 in the Multifamily Residential (M-R) Zone, requesting preliminary major site plan, conditional use approval, use variance relief and recommendation for soil removal permit pursuant to the Code of the Township of Wantage and MLUL at N.J.S.A. 40:55D-46 and 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 plan submitted and approved.
2. This approval is granted strictly in accordance with the Site Plan prepared by Richard A. Wostbrock, P.E. dated March 3, 2005 with revision dates of April 5, 2005, September 27, 2005 and November 7, 2005 and consisting of 17 sheets and/or as same may be revised in consultation with the Board Engineer.
3. This approval is conditioned upon satisfaction of the terms of the Board Engineer’s report dated April 12, 2005 with revision dates of October 21, 2005, October 25, 2005 and December 16, 2005, prepared by Harold E. Pellow, P.E., L.S., Township Engineer and or as same may have been modified at the time of the hearing.
4. 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.
5. 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.
6. Certificate that taxes are paid to date of approval.
7. Sussex County Planning Board approval.
8. 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: Smith, Slate, Hough, Cecchini, Kanapinski, Gill, Grau.
THOSE OPPOSED: None. Motion carried.

L-2-2006 WILLIAM CLOKE
Due to a change needed on the resolution, it was agreed that this resolution would be carried to the next meeting.

L-30-2002 AT & T (CINGULAR)
Ms. Gill made a motion seconded by Mr. Grau to adopt the resolution memorializing the Board’s decision of March 28, 2006 to approve the application of Cingular Wireless for Block 24, Lot 1.01, as shown on the Tax Map of the Township of Wantage located 269 Route 284 in the R-1 Zone, requesting the selection of a stealthing alternative pursuant to the February 16, 2006 Order of the Court granting preliminary and final site plan approval and conditional use variance relief for the erection of a wireless telecommunications monopole on the Subject Property subject to the following terms and conditions:

1. The development of this parcel shall be implemented in accordance with the plans submitted and approved as a result of the Court's Order of February 16, 2006 with respect to Docket No. SSX-L-281-04 and as a result of the hearing in this matter.
2. The granting of this application is subject to and conditioned upon AT&T constructing a monopole tower at a maximum height of 120 feet exclusive of the lightning rod.
3. 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.
4. 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.
5. Certificate that taxes are paid to date of approval.
6. 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: Smith, Slate, Cillaroto, Kanapinski, Gill, Grau.
THOSE OPPOSED: None. Motion carried.

L-7-2006 REGINA CUSACK
It was noted that a COAH amendment needs to be included in the resolution.
Mr. Grau made a motion seconded by Mr. Cecchini, with the amendment above, to adopt the resolution memorializing the Board’s decision of March 28, 2006 to approve the application of Regina Cusack for Block 104, Lot 1, as shown on the Tax Map of the Township of Wantage located Summit Drive and Red Oak Road, Lake Neepaulin in the R-2 Zone, requesting minor subdivision approval with ancillary "c" variance relief checklist and waivers as noted in this Resolution pursuant to N.J.S.A. 40:55D-47, N.J.S.A. 40:55D-51 and N.J.S.A. 40:55D-70(c)(2), 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 Kenneth A. Wentink, P.E., L.S., with a last revision date of March 13, 2006, and/or as same may be revised in consultation with the Board Engineer.
3. The approval is subject to the Applicant complying with all terms and conditions of the Board Engineer's report dated February 21, 2006, with a last revision date of March 16, 2006 and/or as same may have been modified at the time of the hearing.
4. This approval is subject to the Township's Affordable Housing requirements.
5. The Applicant shall contribute $2,500.00 to be deposited in the Township's Road Trust Fund prior to the Deeds being executed by the Board
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. Sussex County Planning Board approval.
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.

ROLL CALL VOTE:
THOSE IN FAVOR: Smith, Slate, DeBoer, Hough, Cecchini, Kanapinski, Gill, Grau.
THOSE OPPOSED: None. Motion carried.

L-39-2005 WILLIAM GENNARO
It was noted that the completion date needs to be added to the conditions on the resolution.
Mr. Grau made a motion seconded by Mr. Cecchini, with the above stipulation, to adopt the resolution memorializing the Board’s decision of March 21, 2006 to approve the application of When Pigs Fly, LLC for Block 18, Lot 12.08, as shown on the Tax Map of the Township of Wantage located at 130 Lewisburg Road (Route 565) in the Industrial and Airport Hazard Zones, requesting amended preliminary site plan and final site plan approval with relief from certain prior conditions of approval pursuant to N.J.S.A. 40:55D-46 and N.J.S.A. 40:55D-50, 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 final site plan as built for WPF, Inc., Tax Lot 12.08, Block 18, Wantage Township, Sussex County, New Jersey, prepared by Douglas O. Dykstra, Dykstra Associates, Inc., dated November 3, 2005 and/or as same may be modified in consultation with the Board Engineer.
3. This approval is granted strictly in accordance with the terms and conditions of the Resolution decided on July 28, 1997 and memorialized on September 16, 1997 granting preliminary site plan approval for the Subject Property except as same has been modified by this Resolution.
4. The Applicant must enter into written lease agreements with all prospective tenants and include in such leases language with respect to compliance with the Federal Aviation Regulations particularly as it pertains to maintenance.
5. The Applicant shall provide lighting with motion sensors and timers allowing the lighting to remain on for no less than 20 minutes during nighttime hours. The form of lighting shall be in a form acceptable to the Board Engineer.
6. The Applicant shall not store nor allow storage of vehicles other than the vehicle utilized by a tenant to travel to and from the Subject Property.
7. This approval is subject to the Applicant satisfying all terms and conditions of the Board Engineer's report dated March 16, 2006 and March 21, 2006 and/or as same may have been modified at the time of the hearing.
8. 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.
9. 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.
10. Certificate that taxes are paid to date of approval.
11. Sussex County Planning Board approval.
12. 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: Smith, Space, DeBoer, Hough, Cecchini, Gill, Mylecraine, Grau.
THOSE OPPOSED: None. Motion carried.

L-1-2003 LGR ENTERPRISES, LLC
Mr. Grau made a motion seconded by Mr. Space to adopt the resolution memorializing the Board’s decision of March 21, 2006 to approve the application of LGR Enterprises, L.L.C. for Block 135, Lot 6.01, as shown on the Tax Map of the Township of Wantage located on Sherman Ridge Road in the R-1 Zone, for an extension of its preliminary major subdivision approval under the Municipal Land Use Law pursuant to N.J.S.A. 40:55D-49(c), subject to the following terms and conditions:

1. This approval is granted strictly in accordance with the Applicant satisfying all terms and conditions of the preliminary major subdivision approval granted by this Board on March 25, 2003 and memorialized on April 22, 2003.

ROLL CALL VOTE:
THOSE IN FAVOR: Smith, Space, DeBoer, Hough, Cecchini, Mylecraine, Grau.
THOSE OPPOSED: None. Motion carried.

CONSTRAINTS FOR SEASONAL HIGH WATER TABLE
It was discussed that the ordinance for constraints on the water table does not have anything to do with septics.

HAMLET ORDINANCE
The ordinance on detached building lots for senior housing was reviewed. It was discussed that the minimum lot width is 60 ft.

When building on a slope, each unit is measured separately from the lowest point of exposed foundation to the highest point.

Mr. Tom Molica of Vogel, Chait, Collins, and Schneider thanked the Board for the recommendation on these two items.

SITE WALKS
Chairman Smith stated that the Board has a number of site walks that need to be scheduled as follows: Bishak, McCoys corner, Maione, Eagle Ridge, CJS, Vermeulen. The Board secretary will work with the members in order to schedule dates for these site walks.

CJS and Vermeulen will be scheduled for the May 16 hearing. Plagar will be scheduled for the May 23 hearing.

MASTER PLAN
The public hearing on the Amendment to the Master Plan is being carried to the May 23rd 2006 meeting.

ADJOURNMENT
On a motion duly made seconded and carried, the meeting adjourned at 9:35 p.m.

Respectfully submitted,
Stella Salazar
Assistant Secretary