July 24, 2007

A regularly scheduled meeting of the Wantage Township Land Use Board was held on Tuesday, July 24, 2007. The meeting was held in compliance with the provisions of the Open Public Meetings Act,

ROLL CALL
PRESENT: Mssrs. Bono, Cecchini, Hough, Slate, Smith. Mmes. Kanapinski, Gill. Attorney Glenn Kienz, Engineer Harold Pellow, Zoning Official Kevin Kervatt.
ABSENT: Mssrs. Grau, Space, DeBoer, Cillaroto. Mme. Mylecraine.

APPROVAL OF MINUTES

Mr. Cecchini made a motion seconded by Ms. Kanapinski to adopt the minutes of June 19, 2007.

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

Mr. Cecchini made a motion seconded by Ms. Kanapinski to adopt the minutes of June 26, 2007.

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

RESOLUTIONS

L-33-2006 PARMIE PLAZA (JOHN PARMIGIANI)

Mr. Cecchini made a motion seconded by Mr. Bono to adopt the resolution memorializing the Board’s decision made on June 26, 2007 to approve the application of John Parmigiani for Block 18, Lot 1.02, as shown on the Tax Map of the Township of Wantage located on Loomis Avenue (County Road 639) in the Residential Environs Zone District (RE-5) requesting preliminary major site plan approval with “c” and “d” variance relief pursuant to N.J.S.A. 40:55D-46, N.J.S.A. 40:55D-70(c) 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. The granting of this application is subject to and conditioned upon the parking, lighting, landscaping and signage plans to be reviewed by the Township Engineer and Township Planner.
   
3. The granting of this application is subject to and conditioned upon a curb cut placed in the front of the building with handicap cuts.
   
4. The granting of this application is subject to and conditioned upon the access to the parking lot proposed for exiting purposes be designated with a “do not enter” sign.
   
5. The granting of this application is subject to and conditioned upon the access to the site to exclude tractor trailers from entering with the exception of fire trucks.
   
6. This approval is granted strictly in accordance with any recommendations set forth by the Township Engineer in his report dated January 17, 2007 with a revision date of March 13, 2007.
   
7. The granting of this application is subject to and conditioned upon COAH regulations as it pertains to the Township Committee.
   
8. The granting of this application is subject to and conditioned upon there being a preconstruction meeting with all relevant parties.
   
9. The granting of this application is subject to and conditioned upon the Applicant providing the Board with a final “as built.”
   
10. The granting of this application is subject to and conditioned upon Sussex Borough and other agency approvals.
    
11. 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.
    
12. 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.
    
13. Certificate that taxes are paid to date of approval.
    
14. Sussex County Planning Board approval.
    
15. 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: Bono, Cecchini, Kanapinski, Hough, Smith.
THOSE OPPOSED: None. MOTION CARRIED.

APPLICATIONS

L-7-2007 MADER DEVELOPMENT CO., LLC

The applicant was seeking a variance for maximum floor area. The property is known as Blk. 87, Lot 36 and is located on Newman Road & Greystone Court in the R-2 zone.

Attorney Tom Collins and Engineer Wayne McCabe appeared before the Board. Mr. Collins appeared before the Board on behalf of the applicant. Mr. Collins stated that the applicant had decided to reduce the size of the proposed house. A variance would not be necessary and the applicant requested to withdraw the application without prejudice.

Mr. Smith stated that when the master plan was established, Lake Neepaulin was kept under the R-2 zone guidelines with the floor ratio and setbacks with all the constraints as the Board felt it was important to maintain the integrity of the community. The Board conducted a site walk to ensure that what was being proposed met those guidelines. He stated that by the applicant withdrawing this application they are pretty much saying that they will maintain the character of the community in doing so.

L-8-2007 MADER DEVELOPMENT CO., LLC

The applicant is seeking approval for variances for front yard setback and maximum floor area. The property is known as Blk. 100, Lot 25 and is located at the intersection of Longview Terrace & Alpine Road in the R-2 zone.

Attorney Tom Collins and Engineer Wayne McCabe appeared before the Board. Mr. McCabe stated that at the start of the application the applicant was seeking three variances: floor area ratio, and two front yard setback variances on Longview Terrace and Alpine Road. The application has been amended and the plan has been revised. The size of the home has been reduced and the floor area is now under the FAR requirement. The basement will be a cellar and therefore it is excluded from the FAR requirement. A “c” variance is now required for one of the front yards.

Mr. McCabe introduced Exhibit A1, entitled “Zoning Information” dated May 31, 2007, last revised July 20, 2007 consisting of two pages. Mr. McCabe indicated that the front yard on Alpine Road is now proposed at 37’ thus eliminating the need for a variance. The front yard on Longview Terrace is proposed at 20’ and a variance is needed. Mr. McCabe indicated that this is a unique condition where the property is situated on a corner lot creating two front yards. He stated that if this were a standard lot in the middle of the block and having a 15’ side yard setback, the application would qualify. This situation has very little in the building envelope as permitted under the zoning as a result from the property being on a corner lot. There are topography constraints as well. Mr. Collins stated that this situation is a case of classic hardship.

Mr. Smith opened the meeting to the public. Sam Stilling, 58 Longview Terrace stated that he found discrepancy on the original plan that the applicant submitted. The map shows that his house is 25 ft. from the property boundary, his house is really 19 ft. and because of that the drawing is showing that his well is further away from the boundary that it actually is his concern is making sure that the new septic is far away enough from his well. Mr. Kienz suggested that Mr. McCabe get together with the property owner to make sure that the map is correct. Jane Stillings stated that previously there was someone interested in building on that property and he stated that because of where their well is it will be impossible to put a septic on the property across the street. Mr. McCabe stated that he submitted all his calculations to the county. Mr. Kienz suggested that the applicant go out and recertify the location of the Stillings’ well before anything is done.

The Board took a five-minute recess. There was no one else from the public present on this application. The applicant stated that the house will not have a garage. There was a discussion on whether or not a garage would make a difference when backing out of the driveway. The Board felt that a garage did not constitute living space and that a garage would be beneficial. It was discussed that the concrete walls would be moved to allow more of a turning point.

Mr. Cecchini made a motion seconded by Mr. Bono to approve this application subject to Mr. Pellow’s report, subject to today’s testimony, recertification of the well location of the neighbor’s well, revised map that shows changes in the driveway and retaining walls, review by landscape architect and recommendations from Mr. Pellow’s office regarding putting some trees for privacy.

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

Mr. Kienz thanked the applicant on behalf of the Board for being so understanding and cooperative and equally as important the public on both applications who was terrific.

L-12-2006 TOWN CENTER

Attorney Tom Collins appeared on behalf of the applicant to discuss the final details of this application.

A meeting of the subcommittee was held in Mr. Pellow’s office to discuss the final map. Mr. Maione, the applicant, wanted to file the map and it was discussed that he would be in a position to do so. However, some issues came up that still need to be worked out.

Mr. Pellow’s report dated July 24, 2007 was discussed. Descriptions including wetland and buffer conservation easements along with parking lot cross easements, drainage easements, and snow plow easements are needed for Lots 1.07, 1.08, and 1.09. Sight triangle easement is needed for Lot 1.08. Description including wetland and buffer conservation easement along with drainage easements is needed for Lot 1.10. Description of Boulder Hills Boulevard including sight easement, and wetlands and buffer conservation easement. Lot 5 description including parking lot easement. Copy of map for left turn lane submitted to NJDOT. The private road and its completion date were also discussed. It was discussed that the project should be on wells and septics for Phase I and that Phase II may be a community well and common sewer system. Deeds restrictions were discussed.

Mr. Kienz stated that there should be a hearing prior to going to Phase II that way the map can be perfected and all the mechanisms are finished before proceeding to Phase II. The Board agreed to allow Mr. Kienz and Mr. Collins figure out a plan to follow.

INFORMAL

Mr. Allen Bobb and Mr. Mark VanAcker regarding a possible subdivision to create three lots on Lott Road off of a 60-acre parcel. The Board discussed taking a look at the property and proceeded to schedule a site walk for Monday, August 6th. The Board members will first visit the Leone site on Route 284 at 3:00 p.m. and then continue on to Lott Road. The Board will first meet at the Municipal Building.

GENERAL ISSUES

The Board discussed visiting Tara Inn on Monday, July 30 after the 4:00 p.m. site walk scheduled for the Route 565 soil removal.

The subcommittee had a meeting to discuss the retention ponds and maintenance. Mr. Pellow is working on maintenance agreements so when the applicants come in, they will know how much they have to contribute. The fee will cover maintaining for 10 years. Ms. Gill asked if there would be separate accounts or one big account for all that money. It was discussed that it had not been decided yet.

Mr. Smith stated that the subcommittee with the governing body will figure out what to do as far as the process for filling COAH units once they are built.

Mr. Smith stated that that the Governor’s office and the Office of Economic Growth will discuss the impact of C1 for the Township this week.

Mr. Smith informed the Board members that Mr. Troast and Mr. Pellow are working on submitting the application for planned endorsement.

ADJOURNMENT

On a motion duly made seconded and carried, the meeting was adjourned at 8:40 p.m.

Respectfully submitted,
Stella Salazar
Assistant Secretary