OCTOBER 16, 2007

A regularly scheduled meeting of the Wantage Township Land Use Board was held on Tuesday, October 16, 2007 at the Wantage Township Municipal Building. The meeting was held in compliance with the provisions of the Open Public Meetings Act, P.L. 1975, Chapter 231. It was properly advertised and noticed to the public.

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

APPROVAL OF MINUTES

Mr. DeBoer made a motion seconded by Mr. Cecchini to approve the minutes of August 21, 2007.

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

RESOLUTIONS

L-17-2006 PATRICK B. KELLY

Mr. Grau made a motion seconded by Ms. Kanapinski to adopt the resolution memorializing the Board’s decision of September 18, 2007 granting approval to the application of Patrick B. Kelly for Block 123, Lot 5.01, as shown on the Tax Map of the Township of Wantage, as well as Block 37.01, Lot 1 as shown on the Tax Map of the Township of Frankford, located on Beemer Church Road (County Route 637) and Haggerty Road (County Route 635), located in the Residential Environs Zone, requesting an extension of the time within which perfect the minor subdivision approval previously granted by Resolution of the Board memorialized on February 27, 2007 pursuant to N.J.S.A. 40:55D-47 and extended until March 5, 2008.

BE IT FURTHER RESOLVED by the Land Use Board that all terms and conditions of the approval granted to the Applicant by Resolution of the Board memorialized on February 27, 2007 remain in full force and effect.

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

L-29-2006 RACHEL MANOR PROPERTIES

Mr. Grau made a motion seconded by Mr. Slate to adopt the resolution memorializing the Board’s decision of June 26, 2007 granting approval to the application of Rachel Manor Properties for the construction of a Wawa Food Market on Block 11, Lots 6.02 and 7, as shown on the Tax Map of the Township of Wantage located on Route 23, in the HC Zone, requesting preliminary site plan approval, preliminary subdivision approval and ancillary “c” variance relief pursuant to N.J.S.A. 40:55D-46, N.J.S.A. 40:55D-48, and N.J.S.A. 40-55D-70(c), 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. The granting of this application is subject to and conditioned upon their being appropriate easements between Mr. Bicsak and the Subject Property that are subject to the review and approval of the Board Attorney and Board Engineer.
   
3. The granting of this application is subject to and conditioned upon the Sign Subcommittee reviewing and approving the canopy and free standing sign.
   
4. The granting of this application is subject to and conditioned upon the Applicant obtaining the necessary DOT access permit.
   
5. The granting of this application is subject to the Applicant providing bollards in front of the Wawa store.
   
6. The granting of this application is subject to the Site Plan Subcommittee reviewing possible road movement.
   
7. The granting of this application is subject to the Applicant providing the Board with a satisfactory plan for the parking situation on the Subject Property.
   
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 approvals other than the municipal agency having land use jurisdiction over the application and supply a copy of any approvals received.
   
9. The granting of this application shall be subject to 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. The granting of this application shall be subject to a Certificate that taxes are paid to date of approval.
    11. The granting of this application is subject to 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: Cecchini, Grau, Kanapinski, Hough, Space, DeBoer, Slate, Smith.
THOSE OPPOSED: None. MOTION CARRIED.

L-2-2007 BROADWAY EQUITITES, INC.

Mr. Cecchini made a motion seconded by Mr. Space to adopt the resolution memorializing the Board’s decision of March 27, 2007 granting approval to the application of Broadway Equities, Inc. for Block 16, Lot 5 located on County Route 565 and Roy Road in the Residential Environs Zoning District and the Highway Commercial Zoning District, requesting minor subdivision approval under the Municipal Land Use Law pursuant to N.J.S.A. 40:55D-47, which resolution is hereby amended to revise Resolution Condition Number 4 in order to impose upon the owner of Block 16, Lot 5 the obligation to grant an easement from the owner of Block 17, Lot 38 for the continued use of the well located on Block 16, Lot 5, subject to the following terms and conditions:

1. This Resolution revises Condition Number 4 to impose upon the owner of Block 16, Lot 5 the obligation to grant an easement to the owner of Block 17, Lot 38 for the continued use of the well located on Block 16, Lot 5 by the owner of proposed Block 17, Remainder Lot 38.
   
2. All terms and conditions of the Board’s previous Resolution adopted on March 27, 2007 and memorialized in a Resolution adopted by the Land Use Board on April 24, 2007 shall remain in full force and effect with the exception of the revisions to condition #4 thereof, as follows (in italics):
   This approval is subject to the Applicant providing an easement to the owner of Block 17, Lot 38 for continued use of the well located on Block 16, Lot 5 by the owner of proposed Block 17, Remainder Lot 38.

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

L-3-2007 BROADWAY EQUITITES, INC.

Mr. Cecchini made a motion seconded by Mr. Space to adopt the resolution memorializing the Board’s decision of March 27, 2007 granting approval to the application of Broadway Equities, Inc. for Block 17, Lot 38 located on County Route 565 and Roy Road in the Residential Environs Zoning District and the Highway Commercial Zoning District, requesting minor subdivision approval under the Municipal Land Use Law pursuant to N.J.S.A. 40:55D-47, which resolution is hereby amended to revise Resolution Condition Number 4 in order to impose upon the owner of Block 17, Lot 38 the obligation to obtain an easement from the owner of Block 16, Lot 5 for the continued use of the well located on Block 16, Lot 5, subject to the following terms and conditions:

1. This Resolution revises Condition Number 4 to impose upon the owner of Block 17, Lot 38 the obligation to obtain an easement from the owner of Block 16, Lot 5 for the continued use of the well located on Block 16, Lot 5 by the owner of proposed Block 17, Remainder Lot 38.
   
2. All terms and conditions of the Board’s previous Resolution adopted on March 27, 2007 and memorialized in a Resolution adopted by the Land Use Board on April 24, 2007 shall remain in full force and effect with the exception of the revisions to condition #4 thereof, as follows (in italics):
   This approval is subject to the Applicant obtaining an easement from the owner of Block 16, Lot 5 for continued use of the well located on Block 16, Lot 5 by the owner of proposed Block 17, Remainder Lot 38.

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

L-18-2007 BRINK ROAD BUILDERS, INC.

Mr. Cecchini made a motion seconded by Mr. Slate to adopt the resolution memorializing the Board’s decision of August 21, 2007 granting approval to the application of Brink Road Builders, Inc. for Block 15.01, Lot 21, as shown on the Tax Map of the Township of Wantage located on Lower Unionville Road, in the R-5 Zone, requesting minor subdivision approval pursuant to N.J.S.A. 40:55D-47, 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 plans prepared by Bernard Caffrey, dated June 26, 2007, revised July 2, 2007 containing five (5) sheets as well as any further revisions in consultation with the Board Engineer and in furtherance of this Resolution.
   
3. This approval is subject to the Applicant complying with all terms and conditions of the Board Engineer's report dated June 26, 2007, revised July 18, 2007 and/or as same may have been modified at the time of hearing.
   
4. This approval is subject to the Applicant filing a copy of this Resolution with each of the Deeds utilized to create the lots approved by this Resolution. This condition is being imposed as the Applicant has not yet provided the Letter of Interpretation issued by the NJDEP for the determination of buffer widths relative to the wetlands on the Subject Property.
   
5. 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.
   
6. 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.
   
7. Certificate that taxes are paid to date of approval.
   
8. Sussex County Planning Board 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: Cecchini, Kanapinski, Hough, Space, DeBoer, Smith.
THOSE OPPOSED: None. MOTION CARRIED.

APPLICATIONS

L-21-2007 ERIC G. TURNQUIST

The applicant is proposing to create two (2) lots from the existing 60.446 acre tract. The property is known as Blk. 140, Lot 18 and is located on Clove Road in the RE-5 zone.

Attorney Michael Gaus and Engineer Ken Dykstra appeared before the Board. Mr. Dykstra Exhibit A1, color rendering Page 3 of 6 of the minor subdivision plans dated 8/29/2007. Mr. Dykstra explained that proposed Lot 18.01 will contain 39.071 acres and the remaining Lot 18 will contain 20.177 acres to include the existing dwelling, garage, barn and other outbuildings. In addition, he said, there will be a road dedication of 1.197 acres. The proposed driveway will be the existing farm road that goes out to the fields. An application has been submitted to the NJDEP to upgrade the culvert and pave that portion of the drive to that area.

Mr. Pellow’s report was reviewed. Item 3 that both lots meet area and dimensional requirements for the RE-5 zone except for the front yard setback to the house on Lot 18 which is an existing condition: 80 feet is required and 27 feet exists. It was discussed that the applicant would show the 20,000 sq.ft. for the new lot. Mr. Gaus explained that they could not do the same for the existing lot where there is a house. He indicated that since this lot already exists he does not believe it is a requirement. Item 5 of Mr. Pellow’s report indicated that an on-site inspection revealed that work has taken place in the area of the existing driveway and should cease until permits a stream encroachment permit and a wetlands general permit have been obtained. Mr. Gaus referred to the “right to farm” law that allows doing maintenance that otherwise they would not be able to do under the wetlands law. Mr. Pellow stated in Item 12 that the DEP will decide if the applicant has to comply with stormwater regulations when the stream encroachment permit and wetlands general permit are applied for.

Item 6 stated that the existing drive is to have a 20’ x 20’ back-out area constructed. Item 7 stated that the proposed driveway sight distance is satisfactory for vehicles leaving the driveway. However, for vehicles traveling north and stopping on Clove Road to enter the driveway will be lost by a following vehicle due to the bank and the curvature of the road. Mr. Dykstra indicated that required 310 ft. safe sight distance for 40 M.P.H. is required and they are very close to it. Mr. Dykstra stated that it is a very lightly traveled road. They will however, continue to monitor that to try and find a solution and maybe clear some of the brush. Mr. Pellow asked to be notified when Mr. Dykstra will be at the site so that he can be present as well. Item 9 stated that County approval is needed. Mr. Gaus indicated they have filed but have not heard back. The Road Trust Fund contribution is $1800.00, COAH regulations apply, road widening deed to be conveyed to the Township for Clove Road and conservation easements for wetlands and buffers are to be include in the lot deeds.

The meeting was opened to the public. There was no one from the public present on this application. The meeting was closed to the public and opened to the Board. There were no comments from the Board members.

Mr. Space made a motion seconded by Mr. Grau to approve this application subject to the conditions on Mr. Pellow’s report.

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

L-2-2007 BROADWAY EQUITIES, INC.

Attorney Michael Gaus made a request for an extension of time to record the deeds for the minor subdivision granted on March 27, 2007 and memorialized April 24, 2007 with corrective resolution memorialized October 16, 2007.

Mr. Cecchini made a motion seconded by Ms. Kanapinski to grant an extension to December 31, 2007.

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

L-3-2007 BROADWAY EQUITIES, INC.

Attorney Michael Gaus made a request for an extension of time to record the deeds for the minor subdivision granted on March 27, 2007 and memorialized April 24, 2007 with corrective resolution memorialized October 16, 2007.

Mr. Cecchini made a motion seconded by Mr. Slate to grant an extension to December 31, 2007.

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

GENERAL BUSINESS

Chairman Smith stated that the subcommittee of the Board had a request to review the upgraded sign for the post office. The new sign is 67.5 sq.ft., traditional U.S. Post Office sign with the eagle, under the average signs only slightly different sign as it is the official post office sign. It was decided that the Board had no objections as to the new sign and that the Board would like to have the words “Sussex-Wantage” somewhere on the building, even on the door.

Mr. Smith informed everyone that the Township is in contract with the Sussex County Soil Conservation District. Mr. Jim Doherty has provided a copy of those developers and applicants that still exist in the Township. New applicants have to go to the county for soil erosion and sediment control.

Mr. Smith stated that the signage ordinance had been reviewed by the Township Committee and he and Mr. Jim Doherty had made some changes. The changes were discussed with the Board members. On a motion duly made seconded and carried, the Board members approved the signage ordinance with the changes to be resubmitted to the Governing Body and recommended for adoption.

EXECUTIVE SESSION

Chairman Smith announced that the Board would go into executive session for Attorney-Client legal issues. Mr. Gonzalez explained that pursuant to the Open Public Meetings Act the Board can go into closed session to discuss matters of litigation. Typically these matters are noticed in the agenda, however when these matters are of emergent need, the Board does not have to notify the public by way of publication in the agenda and it allows them flexibility for agencies to undertake action basically there are things to report, things that happened only this week so the time to revise the notice for the agenda was too short to provide them in the agenda. He then asked the members of the public to leave the room so that the Board could go into executive session and then it would be announced when the public could come back in the room.

At 8:06 p.m the Board went into executive session. At 8:46 the Board came out of executive session and came back in the regular session.

Mr. Smith said that Mr. John Maione will come back to the Board to modify his plan. He is having a great deal of success with his commercial venture and he is now looking at the Katterman property or at least a portion of it.

ADJOURNMENT

On a motion duly made seconded and carried, the meeting was adjourned at 8:52 p.m.

Respectfully submitted,
Stella Salazar
Assistant Secretary