A regularly scheduled meeting of the Wantage Township Land Use Board was held Tuesday, March 23, 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. Slate, Cecchini, Jacobs, Bono, Space, Hough, Coleman, Grau, Mmes. Gill and Kanapinski.
Absent: Mr. Corrigan and Ms. Mylecraine.
Township Engineer Pellow arrived at 7:50 p.m.
Attorney Kienz arrived at 8 p.m.

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. The meeting will end at 10:30 p.m. and no new business will begin after 10 p.m.

L-8-2004 VANDER GOOT

Application for a minor subdivision with variances. Mr. Grau made a motion, seconded by Mr. Jacobs, to carry this public hearing to April 27, 2004, without prejudice and with no further public notice required.
ROLL CALL VOTE
THOSE IN FAVOR: Coleman, Jacobs, Grau, Space, Slate, Cecchini, Bono, Hough, Kanapinski and Smith.
THOSE OPPOSED: None. MOTION CARRIED.

L-9-2004 MAIONE

Application for a minor subdivision with variances. Mr. Jacobs made a motion, seconded by Mr. Grau, to carry this public hearing to April 27, 2004, without prejudice and with no further public notice required.
ROLL CALL VOTE
THOSE IN FAVOR: Coleman, Jacobs, Grau, Space, Slate, Cecchini, Bono, Hough, Kanapinski and Smith.
THOSE OPPOSED: None. MOTION CARRIED.

L-10-2004 MAIONE

Application for a zone change and conceptual plan for a senior citizen development. Mr. Grau made a motion, seconded by Mr. Slate, to carry this public hearing to April 27, 2004, without prejudice and with no further public notice required.
ROLL CALL VOTE
THOSE IN FAVOR: Coleman, Jacobs, Grau, Space, Slate, Cecchini, Bono, Hough, Kanapinski and Smith.
THOSE OPPOSED: None. MOTION CARRIED.

RESOLUTIONS

L-30-2003 AT&T

Mr. Jacobs made a motion, seconded by Mr. Slate, to approve the Resolution memorializing a decision made January 20, 2004 denying the application of AT&T Wireless Services for Block 24, Lot 1.01 located at 269 Route 284 in Wantage Township in the R-1 zone requesting land use relief.
ROLL CALL VOTE
THOSE IN FAVOR: Coleman, Bono, Jacobs, Slate, Kanapinski and Smith.
THOSE OPPOSED: None. MOTION CARRIED.

L-39-2003 UNITED TELEPHONE

Mr. Jacobs made a motion, seconded by Mr. Bono, to approve the Resolution memorializing a decision made February 17, 2004, for the application of United Telephone of New Jersey, Inc. a/k/a Sprint for Block 169, Block 11 located on County Route 519 (Greenville Road) in the RE District zone requesting land use relief determined as follows:

1. Preliminary site plan approval is granted pursuant to N.J.S.A. 40:55d-48.

2. Final site plan approval is granted pursuant to N.J.S.A. 40:55D-50.

3. Conditional use approval is granted pursuant to N.J.S.A. 40:55D-67

4. “d” variance relief to permit a deviation from a conditional use standard is granted pursuant to N.J.S.A. 40:55D-70d(3).March 23, 2004

The above site plan and conditional use approval is granted subject to the following terms and conditions:

1. The development of this parcel shall be implemented and constructed in accordance with the plans submitted and approved and to the satisfaction of the Board Engineer.

2. The granting of this application is subject to and conditioned upon the Applicant complying with the terms and conditions contained in the review reports prepared by Harold E. Pellow and Associates, Inc. dated January 5, 2004, as provided for in this Resolution.

3. Subject to the Applicant providing the Board Attorney and Board Engineer’s review the Deed for the proposed Easement on the Subject Property.

4. 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.

5. The granting of this application is subject to and conditioned upon Sussex County approval or letter of no interest as applicable.

6. The granting of this application is subject to and conditioned upon approval from the N. J. Dept. of Environmental Protection.

7. The granting of this application is subject to and conditioned upon the Applicant providing fencing as called for in the Board Engineer’s report dated January 5, 2004, and/or as determined in consultation with the Board Engineer.

8. The granting of this application is subject to and conditioned upon the Applicant providing details for the split rail fence and for the concrete paver walkway on revised plans to be submitted to the Board Engineer for his review.

9. The granting of this application is subject to and conditioned upon the Applicant providing landscaping as provided for in the Board Engineer’s report dated January 5, 2004, and/or as determined in consultation with the Board Engineer.

10. The granting of this application is subject to and conditioned upon the Applicant providing at two (2) year maintenance bond for landscaping and fencing as provided for in the Board Engineer’s report dated January 5, 2004, and/or as determined in consultation with the Board Engineer.

11. 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.

12. Certificate that taxes are paid to date of approval.

13. 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, Kanapinski, Cecchini, Coleman, Jacobs, Slate and Smith.
THOSE OPPOSED: None. MOTION CARRIED.

L-37-2003 RACHEL MANOR

Mr. Jacobs said there were meetings between the applicants and adjoining neighbors and a different agreement was reached than what the Board decided. Following discussion, it was decided to wait until the Board Attorney arrived before reaching a decision.

L-1-2004 ABD OF WANTAGE

Mr. Jacobs made a motion, seconded by Mr. Slate, to approve the Resolution memorializing a decision made February 17, 2004, granting final subdivision approval to ABD of Wantage, Inc. for Block 54, Lot 10 located on Lowe Road and Libertyville Road (County Route 650) in the R-1 zone, pursuant to N.J.S.A. 40:55D-50, subject to the following terms and conditions:

1. The development of this parcel shall be implemented and constructed in accordance with the plans submitted and approved and as may be revised in consultation with the Board Engineer.

2. Subject to the Applicant submitting an as-built plan depicting the centerline elevations as required at 50-foot stations.

3. This approval is granted strictly in accordance with the final major subdivision plat prepared by Jack O’Krepky, P.E., or as otherwise modified through consultation with the Township Engineer.

4. Subject to the Applicant’s posting of a bond in the amount of $8,220.00 for the remaining improvements to Lowe Road prior to the signing of the final maps to be filed for the Subject Property.

5. Subject to any additional bonding that may be needed once the Township Engineer checks monuments after the seasonal snow melt.

6. Subject to the applicant providing a letter certifying conformance to the preliminary plat by the Applicant’s Engineer.

7. The final map recorded to perfect the subdivision shall specifically refer to this Resolution.

8. The applicant shall post a bond for the placement of monuments, if any, as determined by the Township.

9. 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. Certificate that taxes are paid to date of approval.

11. Sussex County Planning Board approval, if necessary.

12. N. J. Dept. of Environmental Protection approval, if necessary.

13. 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, Kanapinski, Cecchini, Coleman, Grau, Space, Jacobs, Slate and Smith.
THOSE OPPOSED: None. MOTION CARRIED.

L-2-2004 HONALD

Mr. Jacobs made a motion, seconded by Mr. Slate, to approve a Resolution memorializing a decision made February 24, 2004, granting minor subdivision approval to Michael and Christina Honald to create a 5.587-acre lot from a parcel containing 23.477 acres. The property is located on Mount Salem Road near Moore Road and is known as Block 143, Lot 8.02 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 to the Board and approved with this application.

2. This approval is granted strictly in accordance with the minor subdivision plat prepared by Kenneth A. Wentink, P.E., L.S., last dated January 14, 2004.

3. The applicants shall comply with the recommendations set forth in Board Engineer’s report dated January 24, 2004, except as may otherwise be provided for in this Resolution.

4. This approval is granted subject to approval by the N. J. Dept. of Environmental Protection for a Letter of Interpretation.

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

6. This approval is subject to and contingent upon the applicants making a contribution to the Road Trust Fund as determined by the Township Engineer.

7. This approval is subject to and contingent upon the applicants providing for the Board Engineer and Board Attorney’s review a Deed indicating the maintenance obligations of each lot to be created by this subdivision with respect to the pond on the Subject Property.

8. This approval is subject to and contingent upon the applicants dedicating to the Township the remainder parcel of approximately .03 acres to the Township of Wantage for Moore Road.

9. 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. Certificate that taxes are paid to date of approval.

11. Sussex County Planning Board approval, if necessary.

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: Bono, Kanapinski, Space, Jacobs, and Slate.
THOSE OPPOSED: None. MOTION CARRIED.

L-44-2002 OMNIPOINT

Application to construct a 120-foot monopole tower on Route 23.
The applicant requested that this hearing be continued to April 27, 2004.
Mr. Bono made a motion to that effect, seconded by Mr. Slate.

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

MINUTES

Mr. Jacobs made a motion, seconded by Mr. Grau, to approve the minutes of February 17 and February 24, 2004. A voice vote was unanimously in favor of the motion.

SUBCOMMITTEES

Chairman Smith asked for volunteers to serve on specific committees. The Sign Subcommittee will consist of Mssrs. Cecchini, Slate and Jacobs and Mrs. Gill. Mr. Cecchini will be the chairman.

The Lighting Subcommittee will consist of Mssrs. Coleman and Bono and Ms. Mylecraine will be asked to participate.

A five-minute recess was taken at 7:55 p.m.

L-6-2004 EMIL CONFORTH

Mr. Conforth has filed an appeal of the zoning officer’s decision regarding the sale of motor vehicles on the lot used for Boot Mark Realty at 97 Route 23.
Attorney for the applicant: Stewart Konig.
Applicant Emil Conforth was sworn.
Board members reviewed the minutes of the subdivision in 1985.
Chairman Smith noted that auto sales are not written on the map for either lot.
Mr. Konig said used car sales are a permitted use in the zone and the applicant wants to have cars and real estate on the same lot.
Mr. Conforth said he obtained a used car permit in 1973 from the township and there were no restrictions on the number of cars that could be sold.
EX. A-1 is a copy of the zoning officer’s decision.
EX. A-2 are the car sale licenses issued to Mark Conforth for the real estate office lot from March 17, 1990 to February 28, 2004.
Mr. Konig said there have been no sales on the auto body lot since 1985.
EX. A-3 is a copy of the tax map showing the new lot number designations with marking done by Mr. Conforth.

The meeting was open to the public.

Fred Vanderbeck, a 1985 member of the Planning Board who voted in favor of the subdivision, stated he recalled the one lot was to be used as an auto body shop and not used cars.

The meeting was closed to the public.

Chairman Smith said he has noticed at least two antique cars on the premises of the real estate lot.
Mr. Conforth said he brought with him letters from two people who bought cars from him and a letter from Jeffrey Parrott, owner of the adjoining property, which states he recognizes used car sales there.
Chairman Smith made a motion, seconded by Mr. Hough, to reverse the zoning officer’s decision regarding Mr. Conforth’s property at Block 7, Lot 17.02 recognizing there is confusion on the record but the Board has decided after review and discussion and a 14-year history of car sale permits, that the restrictions apply to Lot 17.06.

ROLL CALL VOTE
THOSE IN FAVOR: Bono, Hough, Kanapinski, Jacobs, Grau, Space, Slate, Smith.
THOSE OPPOSED: None. THOSE ABSTAINING: Cecchini. MOTION CARRIED.
The licenses were returned to Mr. Conforth.
Mrs. Kanapinski is to notify the zoning officer of the Board’s decision.

L-3-2004 LITTLE

Application for minor subdivision to create one new lot. The property is known as 304 Route 284, Block 1.02, Lot 16. Some variances are required.

Sworn: Kenneth and Rosie Little, applicants, and Eric Smart, surveyor.

Mr. Smart stated the land is a 9.6 acre farm. The driveway encroaches on a small section of Lot 17.04. The owners of that lot have given verbal permission for a driveway easement. In addition, the front porch of the house is within the right-of-way of State Highway Route 284. They are asking for a waiver for lot frontage. It is a long, narrow lot with not many options.

The applicants want to keep the lot large enough to obtain farmland assessment. The new lot would be 1.5 acres and the remainder lot 8.141 acres. Wetlands bisect the property from north to south.
Reference is made to Mr. Pellow’s report dated February 26, 2004.

The Board reviewed this report. Regarding Item 3.03 Mr. Smart said they are willing to show the worst-case buffer for wetlands. He said he trusts Wade Wander’s expertise in those matters.

Regarding Item 5, Mr. Little said they would use the garage for storage.

Regarding Item 11, Mr. Little said the house on Lot 16.01 would be located behind the pole barn that will be removed.

Mr. Smart stated other lots in the area are smaller than this, so it would fit into the neighborhood scheme. Due to the topography and wetlands, it would be impractical to enter the property from Bassetts Bridge Road, he added.

Mr. Little said he has been ill and wants less property to care for.

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

Mr. Hough said he is familiar with the land and their subdivision request is not unreasonable. It would still be a nice house on a nice lot.

Mr. Jacobs said he felt it should be split down the middle which would require fewer variances and waivers.

Mrs. Little said they do not want that much land and at their age, they do not need five acres to mow.

Mr. Hough made a motion, seconded by Mr. Grau, to grant subdivision approval with the conservation easement description expanded, remove the pole barn before the deeds are signed, include a statement that the garage would be used as storage, setback variances for 25.2’ side yard and frontage on both lots, meet the township ordinance requirements for a common driveway, grant a driveway easement, the parking lot is to be constructed before the Certificate of Occupancy is issued, the building envelope is to be removed from the map for the rear lot and a deed restriction against further subdivision.

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

L-37-2003 RACHEL MANOR

Mr. Kienz was informed of the changes proposed for the Resolution of approval.
He noted they are fine but the applicant did not personally ask for them.
Sworn: Ann Smulewicz, adjoining property owner.

Mrs. Smulewicz said she and her husband spoke with the applicants and they want to modify the Resolution. There has been a handshake contract, which they hope to finalize by the end of the month.
Mr. Jacobs said the changes involve the applicant taking down the hill to level grades and keep a 50’ buffer.

Mr. Kienz said the Board has 45 days to pass a Resolution. He suggested putting off adopting one.
Chairman Smith said a trailer on the property is in violation of the ordinance and has to be removed.

The meeting was open to the public for general questions. No one came forward. The meeting was closed to the public.

OTHER BUSINESS

Mrs. Kanapinski said the zoning officer has a request for a 10x13’ storage addition in front of the Holland American Bakery on Route 23. Mr. Pellow said a minor site plan would be needed.

Mrs. Kanapinski said owners of property on Sally Harden Road off Turner Road want to meet with the Board and engineers to discuss a subdivision. Mr. Slate, Mr. Grau and Mrs. Kanapinski volunteered to do this.

Regarding the Clove Hill Manor senior citizen development, Mr. Kienz said federal law allows 20% of the individuals in a senior citizen project can be under the age of 55. Mr. Bono asked who would count the number and ages of the residents. Mr. Jacobs said that would defeat the purpose of limiting children in the school districts. Chairman Smith said it would also defeat the purposes of having an atmosphere where seniors do not have to worry about children running around.

Chairman Smith said the Board needs to look at the ordinances to be sure they are in line with the Master Plan.

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

Respectfully submitted,
Rebecca Schwarz
Assistant Secretary