A regularly scheduled meeting of the Wantage Township Land Use Board was held Tuesday, February 17, 2004, in the Wantage Township Municipal Building, 888 Route 23, Wantage, N.J.

The meeting was called to order at 7:30 p.m.

Present: Chairman Smith, Mssrs. Cecchini, Coleman, Corrigan, Grau, Slate, Jacobs, Bono, Space, Mmes. Gill, Mylecraine and Kanapinski, Attorney Brigliadoro and Engineer Pellow.
Absent: Mr. Hough.

Chairman Smith announced this meeting is held in compliance with the New Jersey Open Public Meetings Act P.L. 1975, Ch. 231 and has been properly advertised.

L-46-2002 RER CENTER

Drew Flockhart of RER Center stated he received the memo from the Board and a new site plan is being done and the sign is installed.
Mr. Pellow stated the deeds are in order and no bonds need to be posted.
Mr. Flockhart said they are approaching the original limits of the approved area and intend to sell off more compost. He said he hopes to have an engineer prepare the site plan soon. Some material is outside the limits and that would be moved inside the area.

L-39-2003 UNITED TELEPHONE OF N.J.
(d/b/a Sprint)

Application to construct a 10’x18’ concrete pad to install an equipment cabinet. The property is located on County Route 519 (Greenville Road) and is known as Block 169, Lot 11 in the R-1 zone.
Mr. Space disqualified himself from participation in this application.

Attorney for the applicant: Megan Ward.
Ms. Ward stated the property contains just over 12 acres and a residence and stable are located there. Sprint needs a use variance, as it is not an accessory to an existing use. The pad would be located 11’ from the side yard line so a variance is needed for that, also. An application was filed with the NJDEP because the property is in the transition area but no reply has been received. Ms. Ward went on to state that they have never received a denial from NJDEP. This installation would be similar to one on Dyer Road that was approved several years ago.

Sworn: Kenneth Stanley, John Kearney and Thomas L. Yager.
Mr. Brigliadoro stated the legal notice published for this hearing is sufficient.
Mr. Stanley said he has been employed by Sprint for 32 years and is their real estate agent.

EX. A-1 was placed on the easel. It depicted the area served by Sprint’s central Sussex office. The switching system was explained and the equipment described.
Ex. A-3 is a color rendering of the site plan. The equipment will sit on a 10’x18’ concrete pad. The cabinet would be 50”x110”x6’. It will be a cream-colored cabinet because that disperses heat the best way. It would be locked and fitted with an alarm system. It would be able to handle 550 lines and could take as much as 2200 lines but Sprint does not feel it would need that much in that area.
There would be quarterly maintenance. An eight-hour battery back-up would be available if power is lost. There might be someone on site once or twice a week for 20 minutes. The cabinet would have no lights, no water and no sewer system. It would have single-phase 100 amp underground electric service.

There was discussion about the parking space for maintenance trucks. Mr. Stanley said the county engineer prefers a pull-off area instead of a driveway. One sign inside would say, “Sprint vehicles only” and other signs outside would state “No Left Turn” and “No U Turn” respectively. There is 800’ sight distance, he added.

Mr. Kearney stated he has been a licensed engineer since 1967, is a graduate of Manhattan College and has testified before many planning and zoning boards. He described the property.
Mr. Yager said he has been a licensed planner in New Jersey since 1980 and a licensed surveyor since 1979. He said Sprint is willing to do landscaping of the area. There would be no lights or signs other than the parking direction signs previously mentioned. It is not a major structure and would not be a nuisance factor.

The meeting was open to the public. There were no questions or comments. The meeting was closed to the public.

The Board reviewed Engineer Pellow’s report dated 1/5/04.
Mr. Stanley said they would leave the fence the way it is for the owner’s paddock area. Landscaping would be across the front. In response to questions, he said the batteries used would be dry cell batteries and all the cabinets would be locked.

Chairman Smith asked how they would deal with road salt infiltrating the concrete slab surface.
Mr. Stanley replied the concrete is a large distance from the road. Salt does not get there now and there would be a berm along the road.

Mr. Slate asked if there would be shrubbery behind the area as it could be seen from the High Point monument. Mr. Stanley said they would do that if they could fit it in.

Ms. Ward gave copies of the plan to Board members. She said she would send a copy of the permanent easement agreement with the property owner.

Mr. Jacobs made a motion, seconded by Mr. Grau, to approve the application subject to the following items in Mr. Pellow’s report: 3.03, 6.03, 8, 11, 12, 13 and a copy of the easement agreement and also granting a side yard variance.

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

L-1-2004 ABD of WANTAGE, Inc.

Attorney for the applicant: Michael Silvaggi.
He stated preliminary approval was granted August 27, 2002.
The Board reviewed Mr. Pellow’s engineering reports dated 1/26/04 and 2/17/04.
Mr. Pellow stated an $8,220 bond is required and additional bonding might be needed for monuments which will be checked when the snow melts.
Regarding the source documents, Mr. Silvaggi asked that that be a condition of approval.
They will put the final statement on the map as requested by Item 8 in Mr. Pellow’s report of Jan. 26, 2004.

The meeting was open to the public.

Diane Schnure of Mt. Salem Road said that historically there have been water issues in Wantage. She asked that wells be drilled first to be sure there is sufficient drinking water.

Sworn: Jack O’Krepky. He testified regarding the presence of aquifers in the area.

The meeting was closed to the public.

Mr. Slate made a motion, seconded by Mr. Cecchini, to approve the application subject to completion of Items 7.03, 3, 4, 6, 7, 8 and 9 in Mr. Pellow’s report and submission of a revised map showing the elevation of the road at the centerline.

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

 

L-37-2003 RACHEL MANOR COMMERCIAL

Attorney for the applicant: William McGovern, III.
This is a continued public hearing.
Mr. McGovern said officers of the company met at the site February 10 with Mr. Pellow, Board members Jacobs and adjoining property owner Max Smulewicz.
A revised landscaping plan was submitted to Mr. Pellow. Work has been done at the Rachel/Smulewicz boundary line. Restoration efforts are to be reviewed at field meetings. That work will begin when spring arrives.

John McMonagle of Rachel Manor placed a drawing on the easel showing the proposed planning scheme and restaurant. He said it made a ragged appearance at the two rear corners of the Smulewicz property. They need a 6’ arbor vitae or burning bush around the rear and corner of the property. The buffer zone will be regraded evenly. Planting will be done 10’ off the property line, then 25’ behind the line they would plant 10’-15’ trees from a nursery which would be 3” caliper. These would be oak or ash or trees known to survive in the North Jersey climate.

Mr. Jacobs made remarks about grading, fill and the buffer zone. He said someone has to be responsible for the damage done.

Mike Cebula of Rachel Manor stated they have agreed to make reparations to the neighbors.

Mrs. Kanapinski said the local ordinance requires they maintain a 50’ buffer.

Chairman Smith said some of these items are legal issues between the two landowners while the Board takes care of land use issues.

The meeting was open to the public.

Sworn: Ann Smulewicz.
Mrs. Smulewicz, owner of adjoining property, read a letter aloud and gave copies to the Board.
She said the previous property owner, Mr. Covello, operated sporadically and never violated their boundary line. She said they want Rachel Manor to restore the property according to the topography map on record and they want Rachel Manor to pay for her surveying costs.

Mr. Brigliadoro said those are compensation issues over which the board has no jurisdiction.

The meeting was closed to the public.

Mr. McGovern spoke with Dean Goldberg of Rachel Manor while Mrs. Smulewicz was speaking. He said the applicant wants to do the restoration in stages, overseen by Mr. Pellow. He said there is no objection to this periodic review of the 50’ buffer.
Mr. Pellow indicated that would be a major item and there was discussion about that issue.

Sworn: Max Smulewicz.
Mr. Smulewicz said that about Nov. 10, 2003, an iron boundary stake was missing and replaced with a temporary wooden stake.
Mr. Cebula said someone was operating at the site on a Sunday in the fall, he does not know who it was and that is why new gates were installed.
Mr. Pellow said there was a lot of activity in early September.

Sworn: Jerry Fallat.
Mr. Fallat said he was at the site in November 2003 when the property was still under Covello’s ownership. He said he was told he could take 25,000 yards and he paid Louis Covello royalties to remove dirt from the site. He said that 90% of the buffer was gone before he began.
The Board members further discussed this application.
Mr. Cecchini made a motion, seconded by Chairman Smith, to recommend to the Township Committee to grant a soil mining license, granting site plan approval, subject to items contained in Mr. Pellow’s report, specifically item 2, granting a waiver on items 6.01, 7, 9, 11, item A under soil erosion, Phase 1 for restoration of the buffer on the southern side halfway up the western side 50’, around the corner 25’, then 50’ on the north side, to begin April 1, 2004 to June 1, 2004 and removal of any debris. Phase 2 will last until Sept. 30, 2004 and a bond is to be posted.

ROLL CALL VOTE
THOSE IN FAVOR: Cecchini, Bono, Kanapinski, Slate, Space, Smith.
THOSE OPPOSED: Corrigan, Jacobs, Grau. MOTION CARRIED.

Mr. Cecchini said he hopes they clean up the problem and take care of their neighbor. He said he is in favor of anything that would advance commercial ratables.
Chairman Smith said there is another soil mining operation nearby on Route 23. Mr. Pellow said that operation was shut down today as they have excavated 40’ below the road.
Attorney McGovern said they understand what has to be done. He asked for a workshop for the conceptual plans.
Mrs. Kanapinski said they could be on the agenda for February 24th at 7:30 p.m.

OTHER BUSINESS

Mrs. Kanapinski informed the Board that Sussex South Associates has approval for nine lots on Mount Salem Road but no map has been filed. They want permits to build three model homes without a CO. Following discussion, it was agreed they could receive one building permit.

There being no further business to come before the Board, a motion was made, seconded and carried by voice vote to adjourn at 10:45 p.m.
Respectfully submitted,

Rebecca Schwarz
Assistant Secretary