November 28, 2006

A regularly scheduled meeting of the Wantage Township Land Use Board was held on Tuesday, November 28, 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, Bono, Hough, Cecchini, Cillaroto, Grau. Mmes. Kanapinski, Mylecraine, Gill. Attorney Glenn Kienz, Engineer Harold Pellow.
ABSENT: Mr. DeBoer.

APPROVAL OF MINUTES
Mr. Bono made a motion seconded by Mr. Hough to approve the minutes as follows:

Minutes of August 15, 2006
ROLL CALL VOTE: THOSE IN FAVOR: Smith, Space, Slate, Bono, Hough, Cecchini, Cillaroto, Kanapinski, Mylecraine, Grau. THOSE OPPOSED: None. Motion carried.

Minutes of August 22, 2006, special meeting, with corrections.
ROLL CALL VOTE: THOSE IN FAVOR: Smith, Slate, Bono, Hough, Cecchini, Kanapinski. THOSE OPPOSED: None. Motion carried.

Minutes of August 22, 2006, regular meeting
ROLL CALL VOTE: THOSE IN FAVOR: Smith, Slate, Bono, Hough, Cecchini, Kanapinski, Mylecraine, Grau. THOSE OPPOSED: None. Motion carried.

Minutes of September 19, 2006
ROLL CALL VOTE: THOSE IN FAVOR: Space, Slate, Bono, Hough, Gill, Mylecraine, Grau. THOSE OPPOSED: None. Motion carried.

Minutes of October 17, 2006
ROLL CALL VOTE: THOSE IN FAVOR: Smith, Slate, Bono, Hough, Cecchini, Cillaroto, Kanapinski, Gill, Mylecraine, Grau. THOSE OPPOSED: None. Motion carried.

Minutes of October 24, 2006
THOSE IN FAVOR: Smith, Space, Slate, Bono, Hough, Cecchini, Cillaroto, Kanapinski, Gill, Mylecraine, Grau. THOSE OPPOSED: None. Motion carried.

INFORMAL

John and Michelle Slate, residents of Stateline Road appeared before the Board concerning the school bus pick up for their child.

Their driveway access is in New York State. The bus will not go to their house because of the 4 ton bridge. Their scheduled pick up is located at a very dangerous place. They applied for and received a building permit to build stairs to access their house from Route 284 so that the bus could go there. The work was stopped because when the property was subdivided in 1986, the approval was subject to no access from Route 284. The Board discussed that the condition of the resolution pertains to vehicular traffic not pedestrian access. It was decided that a letter would be submitted to the Construction Department and the School Board allowing Mr. and Mrs. Slate to build stairs so the bus can pick up their child on Route 284.

Mr. Slate made a motion seconded by Mr. Space to send the letter allowing Mr. and Mrs. Slate to build a path of stairs for access from Route 284. All in favor. Motion carried.

APPLICATIONS

L-28-2006 Joe Retz (Jaret Builders)
The applicant is requesting the Board to reconsider waiving payment of the road trust fund. He stated that he contributed to the road and that the ordinance states that if a person contributes to off site improvements then the work can be credited against cash payments so he believes that he is entitled to a waiver. He would also like to change the 4” of pavement to 3”. The application was approved for 4”. The Board stated that these requests were not brought up during the application process and that when the application was approved these conditions applied. Mr. Kienz stated that the Board has no jurisdiction tonight and that the applicant is welcome to file an amendment to the application to change the above.

L-13-2005 Justin VanderGroef
The applicant is requesting an extension of time to file the deeds for a minor subdivision memorialized December 20, 2005. The applicant stated that he has lost approximately 1 yr with litigation. The Board discussed granting the applicant a one-year extension.

Mr. Space recused himself from the dais on this application.
Mr. Bono made a motion seconded by Mr. Grau to grant a one-year extension.

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

L-34-2005 Laurence Vermeulen
The applicant has amended his application from eight-lot major subdivision to a three-lot minor subdivision. The property is located at 22 Black Dirt Road and is known as Blk. 30, Lot 1.04 in the R-E zone.

Mr. Cecchini stepped down.
Attorney Megan Ward, Michael O’Krepky, Engineer and Mr. Laurence Vermeulen appeared before the Board.

The professionals explained that the property consists of almost 72 acres. They stated that the applicant is looking to create two new lots consisting of 20.23 acres and 17.11 acres with the remainder being 34.03 acres. A variance on the remainder lot for insufficient lot frontage is being requested. Mr. Pellow’s report was reviewed and discussed.

The meeting was opened to the public. Mr. Timothy Dziekonski asked how many homes would be built. It was explained to him that applicant is only subdividing and that he plans to sell lots for single family homes each.

The meeting was opened to the Board. There was a discussion on the road improvement. Ms. Ward feels that the applicant should not have to improve the road along the frontage of the remainder lot. The reason for this request is that he is subdividing two lots on 37 acres and he is improving the cul-de-sac.

Mr. Smith made a motion seconded by Mr. Grau to approve this application with waiver to item #3.01, #5 and removal of item #10 and to avoid payment of the Road Trust Fund.

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

L-30-2006 Quinland LLC
The owner of Block 121, Lot 4.02 located on Haggerty Road and Morgan Drive is proposing to to subdivide a 4.00 acre tract of land to be conveyed to and annexed to Tax Block 121, Lot 15.44. The resultant area of Lot 15.44 will be 6.233 acres. Lot 15.44 was created under a major subdivision of Morgan Fields.

Attorney Megan Ward and the applicant, John Quinland, appeared before the Board. Mr. Pellow’s report was discussed and reviewed.

The meeting was opened to the public. There was no one from the public present on this application.

Mr. Grau made a motion seconded by Mr. Bono to approve this application subject to county approval and waivers on items 3.01, 3.03 and 4.10.

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

RESOLUTIONS

L-24-2005 Estate of Alberta Caton
Mr. Hough made a motion seconded by Mr. Grau to adopt the resolution memorializing the Board’s decisision of October 17, 2006 to approve the application of the Estate of Alberta Caton for Block 135, Lot 11, as shown on the Tax Map of the Township of Wantage located at Hickory Road, in the Residential Environs Zoning District, for extension of minor subdivision approval of 190 days commencing June 2, 2006 until December 8, 2006 in order to perfect the minor subdivision previously granted by the Board pursuant to the Municipal Land Use Law at N.J.S.A. 40:55D-47, subject to the following terms and conditions:
This approval is granted strictly in accordance with the Applicant satisfying all terms and conditions of the minor subdivision approval granted by this Board by Resolution decided on October 18, 2005 and Memorialized on November 22, 2005.

ROLL CALL VOTE: THOSE IN FAVOR: Smith, Slate, Bono, Hough, Cecchini, Kanapinski, Mylecraine.
THOSE OPPOSED: None. Motion carried.

L-25-2005 Estate of Alberta Caton
Mr. Hough made a motion seconded by Mr. Grau to adopt the resolution memorializing the Board’s decisision of October 17, 2006 to approve the application of the Estate of Alberta Caton for Block 153, Lot 9.01, as shown on the Tax Map of the Township of Wantage located at 55 Hickory Road, in the Residential Environs Zoning District, for extension of minor subdivision approval for 190 days commencing June 2, 2006 until December 8, 2006 in order to perfect the minor subdivision previously granted by the Board pursuant to the Municipal Land Use Law at N.J.S.A. 40:55D-47, subject to the following terms and conditions:
This approval is granted strictly in accordance with the Applicant satisfying all terms and conditions of the minor subdivision approval granted by this Board by Resolution decided on October 18, 2005 and Memorialized on November 22, 2005.

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

L-15-2006 Elissa Fisher
Mr. Hough made a motion seconded by Mr. Grau to adopt the resolution memorializing the Board’s decision of August 15, 2006 to deny the application of Elissa Fisher for Block 11, Lot 15.01 as shown on the Tax Map of the Township of Wantage, located on Pond School Road in the Residential Environs Zoning District, requesting use variance and site plan approval pursuant to N.J.S.A. 40:55D-70(d).

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

L-21-2006 NTLC, LLC
Mr. Hough made a motion seconded by Mr. Grau to adopt the resolution memorializing the Board’s decision of October 17, 2006 to approve the application of NTLC, LLC for Block 117, Lot 31, as shown on the Tax Map of the Township of Wantage located at 292 Sussex County Route 565, in the Highway Commercial Zoning District, requesting minor site plan approval, under the Municipal Land Use Law pursuant to N.J.S.A.40:55D-46.1, subject to the following terms and conditions:
The development of this parcel shall be implemented in accordance with the plans submitted and approved.

The development of this parcel shall be implemented in accordance with the plans prepared by Charles Worthington, P.L.S. of LAN Associates dated June 13, 2006 and consisting one (1) sheet and/or as same has been modified pursuant to the hearings in this matter in consultation with the Board Engineer.

This approval is subject to the Applicants’ satisfying all terms and conditions of the Board Engineer’s report dated August 4, 2006 and revised September 19, 2006, and/or as same has been modified at the time of the hearing.

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.

Payment of all fees, costs, escrows due or to become due, or any moneys are to be paid off in 20 days of said request by the Board Secretary.

Certificate that taxes are paid to date of approval.
Sussex County Planning Board Approval, if necessary.
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: Slate, Bono, Hough, Cillaroto, Gill, Mylecraine, Grau.
THOSE OPPOSED: None. Motion carried.

L-25-2006 Jerry & Melissa Wildrick
Mr. Hough made a motion seconded by Mr. Grau to adopt the resolution memorializing the Board’s decision of October 17, 2006 to approve the application of Jerry & Melissa Wildrick for Block 117, Lot 9.01, as shown on the Tax Map of the Township of Wantage located at 45 Pigeon Hill Road, in the Residential Environs Zoning District, requesting bulk variance approval, under the Municipal Land Use Law pursuant to N.J.S.A.40:55D-70(c)(2), subject to the following terms and conditions:
The development of this parcel shall be implemented in accordance with the plans submitted and approved.

This approval is subject to the Applicants’ satisfying all terms and conditions of the Board Engineer’s report dated September 1, 2006 and/or as same has been modified at the time of the hearing.
The Applicants shall provide the Board Engineer with an as-built survey that details the location of the fence, offsets to the property lines, height of fence, as well as detailing the type of fence to be shown on the plan.

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.

Payment of all fees, costs, escrows due or to become due, or any moneys are to be paid off in 20 days of said request by the Board Secretary.

Certificate that taxes are paid to date of approval.
Sussex County Planning Board Approval, if necessary.
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, Bono, Hough, Cecchini, Kanapinski, Mylecraine, Grau. THOSE OPPOSED: None. Motion carried.

L-27-2006 Carl & Sheryl Bayer
Mr. Hough made a motion seconded by Mr. Grau to adopt the resolution memorializing the Board’s decision of October 24, 2006 to approve the application of Carl and Sheryl Bayer for Block 39, Lot 8.03, as shown on the Tax Map of the Township of Wantage located at 33 Central School Road in the Residential Environs Zone, requesting bulk variance approval under the Municipal Land Use Law pursuant to 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 plan submitted and approved.
This approval is subject to the Applicants satisfying all terms and conditions of the Board Engineer's report dated October 4, 2006 and/or as same has been modified at the time of the hearing.
The Applicants shall submit an as built plan prepared and submitted to the Board Engineer prior to a Certificate of Occupancy being issued for the property.
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.
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. 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, Bono, Hough, Cecchini, Kanapinski, Grau.
THOSE OPPOSED: None. Motion carried.

L-28-2006 Jaret Builders, Inc.
Mr. Hough made a motion seconded by Mr. Grau to adopt the resolution memorializing the Board’s decision of October 17, 2006 to approve the application of Jaret Builders, Inc. for Block 132, Lot 3.20, as shown on the Tax Map of the Township of Wantage located at 147 Libertyville Road, in the R-1 Zone, requesting an extension of preliminary major subdivision approval, under the Municipal Land Use Law pursuant to N.J.S.A.40:55D-49(c).
BE IT FURTHER RESOLVED by the Land Use Board that nothing in this Resolution is meant to alter the otherwise applicable terms and conditions of the Resolution of this Board, memorialized on October 28, 2003, which shall remain in full force and effect.

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

GENERAL COMMENTS

BISHAK
Mr. Pellow gave a brief report regarding the Bishak property. To make sure that the property is cleaned up, Mr. Pellow will check the property every 30 days.

AMENDMENT TO ORDINANCE
It was discussed including a minimum of 20,000 sq.ft. of developable land with each lot under the Environmental Preservation Constraints option to subdivide.

Mr. Grau made a motion seconded by Mr. Slate to recommend to pass to the council subject to Mr. Kienz and Mr. Troast reviewing. All in favor.

PLANNED COMMERCIAL DEVELOPMENT
Meeting with subcommittee shortly to finish up, will be ready for the December meeting.

EXTENSION ON CLOKE
– extension needs to be granted beyond 12/31/06, six months requested. Mr. Cecchini made a motion seconded by Mr. Slate to grant a six-month extension. All in favor.

DOT VISIT TO WANTAGE
Chairman Smith informed the Board members about a recent visit from the D.O.T. to Wantage. The visit concerned the realignment of Route 23. Mr. Smith stated that the D.O.T has no knowledge of COAH and smart growth. The D.O.T. was intrigued with internal roadways and they had a positive attitude toward left hand turn lanes.
There is a proposed future meeting with all departments.

CJS RESOLUTION
Mr. Kienz stated that it is in the works and that he is working with Mr. Collins in order to finish it.

BOND RELEASE REQUEST
Mr. Pellow stated that Mr. Paul Ferguson has requested release of the bond for the property where the bank is being.

Mr. Cecchini made a motion seconded by Mr. Bono to approve request. All in favor.

DECEMBER 19TH MEETING
The professionals for the project at McCoy’s corner will be meeting in Mr. Pellow’s office prior to Dec. 19th.

A meeting of the sub-committee was scheduled for Dec. 15th at Mr. Pellow’s office.

It was mentioned that Mr. Van Decker is looking to divide properties on L. Unionville Road. It was discussed that all the houses are on one well and one septic system.

ADJOURNMENT
On a motion duly made seconded and carried, the meeting was adjourned at 8:50 p.m.

Respectfully submitted,
Stella Salazar
Assistant Secretary