Minutes of Land Use Board Meeting Jan. 27, 2004

January 20 Meeting of the Wantage Land Use Board

A regularly scheduled meeting of the Wantage Township Land Use Board was held Tuesday, January 27, 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, Grau, Slate, Jacobs, Bono, Space, Mmes. Gill and Kanapinski, Attorney Kienz and Engineer Pellow.

Absent: Mssrs. Corrigan and Hough and Ms. Mylecraine.

McCOYS CORNER GARAGE

Chairman Smith stated they were concerned about this area as it is environmentally sensitive, especially on the pond side.

Mr. Pellow stated the applicant wants space approved for two more cars on the right side and two more on the left side. The 1993 Resolution stated there would be only 10 spaces for used cars and parking is not permitted on the grass. The applicant wants to change some employee parking to customer and sales parking.

There was discussion about how the spaces would be reallocated.

Chairman Smith summarized that there were originally 10 parking spaces in front. Space #3 was for handicapped parking. This would move to the side to space #15. There were originally four parking spaces for employees facing County Rt. 628 and these would now be for sales. Behind those four spaces would be four more, for a total of eight. Spaces from 16 through 224 would be for employees and/or customers.

Mr. Kienz stated this could be treated as an amended final site plan as long as no variances are needed.

L-37-2003 RACHEL MANOR PROPERTIES

Attorney for the applicant: William McGovern, III.
Sworn: Mike Cebula and Charles Stewart.
Mr. Pellow’s engineering report was reviewed.

On the revised sight distance plan, brush will be removed and vegetation cleared.
If the topsoil on the site were not sufficient for grading, etc., it would be brought to the site.

Chairman Smith asked about the drainage.
The reply was that it runs to the front of the property and into the existing storm drain system on Route 23.

Chairman Smith asked if there were any plan to filter the water before it reaches the highway.

Mr. Pellow said the Sussex County Soil Conservation Board would have jurisdiction over that.

Chairman Smith said there was a problem with a ditch on the opposite side of Rt. 23 filling with silt. He asked if the applicant has the capability to wash down the area to reduce dust. The restaurant and other businesses in the area should not have to bear the brunt of this operation.

The reply was that they could add something to keep dust under control in the area from which the trucks come. The power line easement precludes them from going back any further. The applicant stated about 50,000 yards of material has been removed since last fall. They did not see this soil mining operation continuing for more than two years. The end result is to develop some sort of commercial application for the front of the property and a residential use of some form to the rear. The truckers have been told not to go on the restaurant property.

In answer to a question as to whether there was a phone number available for anyone who might have a problem to discuss, the applicant stated there is a trailer on the property with a working phone number. If someone has an issue, they can go there.

The hours of operation are according to the township ordinance. Any violations of that have been addressed.

Mr. Pellow stated that one of his concerns is how the property would look when the soil mining is completed. Phase 1 access is off Route 23 and Phase 2 access will be off Cemetery Road.

The meeting was open to the public.

Sworn: Ann Smulewicz.
Mrs. Smulewicz, owner of adjoining property, read a letter sent by fax and mail in November to township administrator James Doherty expressing her concerns about this application. She also showed photographs to Board members of damage to her parking lot.

The meeting was closed to the public.

Mr. Jacobs made a motion, seconded by Mr. Bono, to carry this application to the Board’s meeting scheduled for February 17, 2004.

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

RESOLUTIONS

L-38-2003 SUSSEX SOUTH ASSOCIATES

Mr. Coleman made a motion, seconded by Mr. Bono, to approve the Resolution memorializing a decision made December 16, 2003, to grant minor subdivision approval to Sussex South Associates for property located at the intersection of Rockport Road and Unionville Road (County Route 651), Block 32, Lot 9 in the R-1 zone, 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 plans submitted and approved.

2. This approval is granted strictly in accordance with the plans prepared by Caffrey and Associates dated November 27, 2003, and consisting of two (2) sheets.

3. The Deed recorded memorializing this subdivision shall specifically refer to this Resolution and shall be subject to the review and approval of the Board Engineer and Board Attorney. The Applicant shall record the subdivision Deed within 190 days of the memorializing Resolution being adopted. Failure to do so shall render this approval null and void.

4. The applicant shall comply with the recommendations contained in the Board Engineer’s review report dated December 12, 2003, the terms of which are incorporated herein and made a part hereof by reference.

5. The granting of this application is limited to subdivision approval and the Applicant shall be required to return to the Land Use Board for site plan approval in the future.

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. The applicant is to provide the Board Engineer and Board Attorney with a copy of the minutes of the County Planning Board with respect to its approval of proposed driveway locations.

9. Subject to all other applicable rules, regulations, ordinances or statutes of the Township of Wantage, County of Sussex, State of New Jersey, or any other jurisdiction.

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

L-34-2003 VANDER GROEF

Mr. Jacobs made a motion, seconded by Mr. Coleman, to approve the Resolution memorializing a decision made November 25, 2003 to grant minor subdivision approval pursuant to N.J.S.A. 40:55D-47 to Evelyn Vander Groef for Block 123, Lot 3.01 located on Holland Road in the R-1 zone, 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 Edward P. Brands dated April 25, 2003, last revised October 24, 2003 and consisting of one (1) sheet.

3. The Deed recorded memorializing this subdivision shall specifically refer to this Resolution and shall be subject to the review and approval of the Board Engineer and Board Attorney. The Applicant shall record the subdivision Deed within 190 days of the memorializing Resolution being adopted. Failure to do so shall render this approval null and void.

4. The applicant shall comply with the recommendations contained in the Board Engineer’s review report dated November 3, 2003.

5. The granting of this application is limited to minor subdivision approval and the applicant shall be required to return to the Land Use Board for site plan approval in the future.

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.

9. Subject to all other applicable rules, regulations, ordinances or 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, Coleman, Jacobs, Space, Grau, Smith.
THOSE OPPOSED: None. MOTION CARRIED.

L-36-2003 REGELING

Mr. Jacobs made a motion, seconded by Chairman Smith, to approve the Resolution memorializing a decision made December 16, 2003 to grant use variance approval pursuant to N.J.S.A. 40:55D-70(d) to Roberta Regeling for Block 14, Lot 24.02 located on County Route 565 in the R-1 zone, 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 dated November 7, 2003, and/or as modified at the time of the hearing.

3. The Applicant shall comply with the recommendations contained in the Board Engineer’s review report dated November 19, 2003.

4. The granting of this application is subject to and conditioned upon the Applicant preparing a Deed restricting the use of the proposed dwelling by the Applicant’s relatives with the accessory apartment to be used only by the Applicant and her husband and not as a rental unit. The Deed prepared by the Applicant in this regard shall be reviewed by the Board Attorney and the restrictions herein shall be satisfactory to the Board Attorney.

5. The Deed recorded memorializing this subdivision shall specifically refer to this Resolution and shall be subject to the review and approval of the Board Engineer and Board Attorney. The Applicant shall record the subdivision Deed within 190 days of the memorializing Resolution being adopted. Failure to do so shall render this approval null and void.

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 or statutes of the Township of Wantage, County of Sussex, State of New Jersey, or any other jurisdiction.

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

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

Respectfully submitted,

Rebecca Schwarz
Assistant Secretary