scene from Wantage Township
Minutes of Wantage Township 2005 Meetings
Land Use Board
April 26 , 2005
A regularly scheduled meeting of the Wantage Township Land Use Board was held Tuesday, April 26, 2005 at 7:30 p.m. In the absence of Chairman James Smith, Mr. Ronald Slate conducted the meeting.

Mr. Slate stated that this meeting was being held in compliance with the provisions of the Open Public Meetings Act, Public Laws 1975, Chapter 231. It had been properly noticed and posted to the public.

ROLL CALL
PRESENT: Mssrs. Slate, Space, DeBoer, Cecchini, Bono, Hough, Cillaroto. Mmes. Kanapinski, Mylecraine, Gill, Attorney Glenn Kienz and Township Engineer Harold Pellow.
ABSENT: Mssrs. Smith, Corrigan, and Grau.

APPROVAL OF MINUTES
A motion was made by Ms. Mylecraine and seconded by Mr. Hough to approve the minutes of February 15, February 22, March 15, and March 22, 2005.

RESOLUTIONS

L-30-2004 RACHEL MANOR
Attorney Bill Hinkes was present for this resolution. He requested a minor change on the resolution on Page 3, end of first paragraph, “a septic disposal area for the proposed (add 16,000 sq. ft.) commercial/retail facility”.
A motion was made by Mr. Cecchini and seconded by Mr. Bono to adopt the resolution memorializing the Board’s decision of October 19, 2004 to approve the application of Rachel Manor Properties, Inc. for Block 11, Lots 6.02 and 7 as shown on the Tax Map of the Township of Wantage, located on State Highway Route 23 in the HC (Highway Commercial) Zone, requesting use variance approval is granted pursuant to 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 plans submitted and approved.
  2. This approval is granted strictly in accordance with the plans prepared by David S. Hansen, P.E., of Suburban Consulting Engineers, Inc., dated July 15, 2004, and or as same may be modified in consultation with the Board Engineer.
  3. This approval is subject to and conditioned upon the Applicant's complying with the terms and conditions of the Board Engineer's report dated September 13, 2004 and/or as same may have been modified at the time of the hearing as reflected in this Resolution.
  4. This approval is subject to and conditioned upon the Applicant submitting revised subdivision plans and site plans showing compliance with applicable Township of Wantage Ordinances and applicable law.
  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.
  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: Slate, Cecchini, Bono, Hough, Kanapinski
THOSE OPPOSED: None.
MOTION CARRIED.

STORMWATER MANAGEMENT PLAN
A motion was made by Ms. Kanapinski and seconded by Mr. Slate to adopt the resolution memorializing the Board’s decision of March 22, 2005 to approve the proposed Municipal Stormwater Management Plan prepared by Harold E. Pellow & Associates, Inc. dated March 8, 2005 as the Municipal Stormwater Management Plan element of the Wantage Township Master Plan.
ROLL CALL VOTE:
THOSE IN FAVOR: Slate, Space, DeBoer, Cecchini, Bono, Hough, Kanapinski
THOSE OPPOSED: None MOTION CARRIED

L-41-2002 MAGGIO
A motion was made by Ms Kanapinski and seconded by Mr. Slate to adopt the resolution memorializing the Board’s decision of January 25, 2005 to approve the application of Joseph Maggio, LLC for Block 15, Lot 10 as shown on the Tax Map of the Township of Wantage, located on Spreen Road in the former R-1 Zone, requesting amended minor subdivision approval is granted pursuant to N.J.S.A. 40:55D-47 and de minimus exceptions from the Residential Site Improvement Standards as stated herein are granted pursuant to N.J.A.C. 5:21-3.1, subject to the following terms and conditions:

  1. The development of this parcel shall be implemented in accordance with the plans submitted and approved or as otherwise modified at the time of the hearing and through consultation with the Board Engineer.
  2. The development of this parcel shall comply with the terms and conditions of the Resolution granting minor subdivision approval decided on November 26, 2002 and memorialized on December 17, 2002 except as same may have been modified by this Resolution.
  3. This approval is granted strictly in accordance with the plans submitted and which consist of:
    (a) the Amended Minor Subdivision Plan for Lot 10, Block 15, Township of Wantage, Sussex County, New Jersey prepared by Thomas E. Donohue, P.E. of Donohue Engineering, dated January 4, 2005;
    (b) the Stormwater Drainage Calculations prepared by Thomas E. Donohue, P.E. of Donohue Engineering, dated December 30, 2004; and
    (c) the Drainage Area Map for Lot Nos. 8 and 10, Block 15, Township of Wantage, Sussex County, New Jersey, prepared by Thomas E. Donohue, P.E. of Donohue Engineering, dated January 4, 2005.
  4. Subject to the recommendations contained in the Board Engineer's Review Report dated December 30, 2004.
  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, Bono, Hough, Kanapinski, Mylecraine, Space, Slate
THOSE OPPOSED: None
MOTION CARRIED.

L-38-2004 MALFATTO
A motion was made by Ms. Kanapinski and seconded by Mr. Slate to adopt the resolution memorializing the Board’s decision of February 22, 2005 to approve the application of Frank and Grace Malfatto for Block 121, Lot 3.05, as shown on the Tax Map of the Township of Wantage located at 96 Haggerty Road in the Residential Environs (R-5) Zone, requesting ancillary "c" variance relief in order to have an accessory building located in the front yard on the Subject Property is granted pursuant to 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. This approval is granted strictly in accordance with the plans prepared by Kenneth A. Wentink and Associates, dated January 10, 2005 and executed on January 12, 2005 and consisting of two (2) sheet and/or as same may be modified in consultation with the Board Engineer.
  3. This approval is granted subject to the Applicants complying with the terms and conditions of the Board Engineer's report dated January 18, 2005.
  4. Prior to the issuance of any construction permit, the Applicants shall file with the Board and Construction Official an affidavit verifying that the Applicants are 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. 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.
  6. Certificate that taxes are paid to date of approval.
  7. Sussex County Planning Board approval, if necessary.
  8. 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, Hough, Kanapinski, Mylecraine, Gill, DeBoer, Space, Slate
THOSE OPPOSED: None
MOTION CARRIED

L-35-2003 KENT
A motion was made by Ms. Kanapinski and seconded by Mr. Slate to adopt the resolution memorializing the Board’s decision of March 15, 2005 to approve the application of Kevin Kent for Block 151, Lot 24.02, as shown on the Tax Map of the Township of Wantage located on County Route 519, in the Residential Environs (R-5) Zone, requesting ancillary "c" variance relief in order to locate a single-family dwelling on an undersized lot on the Subject Property is granted pursuant to 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. This approval is granted strictly in accordance with the plans prepared by Eric R. Smart, dated September 15, 2004 and consisting of one (1) sheet and/or as same may be modified in consultation with the Board Engineer.
  3. This approval is granted subject to the Applicant's complying with the terms and conditions of the Board Engineer's report dated February 1, 2005.
  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. 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.
  6. Certificate that taxes are paid to date of approval.
  7. Sussex County Planning Board approval, if necessary.
  8. 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: Slate, Space, DeBoer, Cecchini, Bono, Hough, Kanapinski
THOSE OPPOSED: None
MOTION CARRIED.

L-27-2004 MAINLAND SUSSEX
A motion was made by Ms. Kanapinski and seconded by Mr. Slate to adopt the resolution memorializing the Board’s decision of March 22, 2005 to approve application of Mainland Sussex Company, LLC for Block 7, Lots 12 and 13B as shown on the Tax Map of the Township of Wantage, located along New Jersey State Highway Route 23 in the HC (Highway Commercial) Zone, is hereby granted preliminary and final site plan approval pursuant to N.J.S.A. 40:55D-46, 50 and 70(c)(2), 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. 2. The development of this parcel shall be implemented in accordance with the plans prepared by David S. Newkirk, P.E. of EIC Group, LLC, dated November 13, 2004 with last revision date of February 17, 2005 and consisting of four (4) sheets, and/or as same may be revised in consultation with the Board Engineer.
  3. 3. All terms and conditions of the Board's prior approvals as referenced in this Resolution shall remain in full force and effect except as satisfied or amended by this Resolution.
  4. 4. The granting of this application is subject to and conditioned upon the Applicant complying with all terms and conditions of the Township Engineer's review report dated March 22, 2005 and/or same may have been revised at the time of the hearing.
  5. 5. The granting of this application is subject to and conditioned upon the Applicant meeting with the Township Engineer to provide appropriate striping, traffic islands, and trees as discussed in Items 3, 4, 6 and 13 of the Board Engineer's report and at the time of the hearing.
  6. 6. 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.
  7. 7. 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.
  8. 8. Certificate that taxes are paid to date of approval.
  9. 9. Sussex County Planning Board approval, if necessary.
  10. 10. 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: Slate, Space, DeBoer, Cecchini, Bono, Hough, Kanapinski
THOSE OPPOSED: None
MOTION CARRIED.

L-6-2005 MOUNTAIN VIEW MANOR
A motion was made by Ms. Kanapinski and seconded by Mr. Slate to adopt the resolution memorializing the Board’s decision of application of Mountain View Manor at Wantage, Inc. for Block 4, Lot 1.01, as shown on the Tax Map of the Township of Wantage located on Route 23 in the Industrial Zone is hereby granted waiver of Checklist Item 2.02 minor subdivision and ancillary "c" variance relief pursuant to N.J.S.A. 40:55D-51, N.J.S.A. 40:55D-47 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 and constructed in accordance with the plans submitted and approved.
  2. This approval is granted strictly in accordance with the plans prepared by Kevin P. Wynn, P.E. and Michael A. Catalano, P.L.S., dated February 22, 2005 as revised in consultation with the Board Engineer.
  3. This approval is granted subject to the Applicant's compliance with the terms and conditions of the Board Engineer's report dated March 21, 2005 and/or as same was revised at the time of the hearing.
  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. 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.
  6. Certificate that taxes are paid to date of approval.
  7. Sussex County Planning Board approval.
  8. 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: Slate, Cecchini, Bono, Hough, Gill, Cillaroto
THOSE OPPOSED: None MOTION CARRIED.

APPLICATIONS

L-3-2005 KUIKEN BROS.
Application for site plan approval to construct a storage shed on the southerly side of the existing retail building. The property is in the HC zone and is known as Block 7, Lot 14, located on Route 23. The application was carried to the May 24 meeting. No further public notice being required.

L-8-2005 SUSSEX SOUTH ASSOCIATES
Application for a two lot minor subdivision located on Unionville Road. The property is known as Block 30, Lot 7 and contains 12.094 acres in the R5 zone. The application was carried to the May 24 meeting. No further public notice being required.

L-9-2005 SUSSEX SOUTH ASSOCIATES
Application for a major subdivision approval of 6 lots with a remainder of 98.355 acres located on Unionville Road. The property is known as Block 30, Lot 8, in the R5 zone. The application was carried to the May 24 meeting. No further public notice being required.

L-30-2004 RACHEL MANOR
Application was carried to the July 19 meeting.

L-37-2004 BRUCE MORSE

Continued public hearing. Mr. Owen Dykstra, Engineer, was present for the applicant to explain how the 10 lots would work. There was concern about the open space, transferring development credits, and probably building 6 lots was suggested. Ms. Gill expressed concern about the drainage once the houses are built.
This application was deemed incomplete. An informal discussion is to be scheduled, the date to be determined. A public hearing will then be scheduled. The applicant will renotice.

L-52-2002 FORUM HOMES
The applicant proposes a subdivision to build 26 homes. The property is located on Old Clove Road off Newman Road and is known as Block 113, Lot 11.01 and Block 114, Lot 3.

Attorney William Strasser, of Strasser and Associates of Paramus and Mr. George Gloede were present for the applicant. The professionals presented their plan to solve the safety issues foreseen in relationship to this intersection and the ability of the school buses to go up Old Clove Road into the development to pick up the children. A new chart named “Intersection Improvements” was presented and was named exhibit A2.

The new plan proposes to raising the pavement grade by 1ft. causing a straighter grade without the low grade, widening the pavement on Old Clove Road to 24ft consistently all the way through, widening out the pavement on Old Clove Road to allow for a right turn onto Newman Road. Also, constructing an island to slow down vehicles coming from 628 onto Newman Road as well as for the safety of traffic coming down Old Clove Road. The professionals stated that they met with the Sussex County Engineer and got their ok.

Chairman Slate opened the meeting to the public.

Ms. Janine Carpenter, a resident of Old Clove Road, was present at the meeting to speak on behalf of the residents of said area. Ms. Carpenter referred to the court order pointing out to the negative impact and believes that fixing the road will only cause many drivers to speed up and it will only become very unsafe.

Sheila Voelker, 191 Old Clove Road agrees with Ms. Carpenter.

Greg Manzione, of Old Clove Road had a question concerning the width of the road and he wanted to confirm that if the buses can make it up and down there is no need for sidewalks.

Chairman Slate closed the meeting to the public and opened it to the Board.

Mr. DeBoer, as a member of EMS is very concerned with the unsafety of such intersection.

Mr. Cecchini agrees with Mr. DeBoer as to how unsafe the intersection is but he feels that the traffic will be slowed down by raising the road. Also there will be a sign there cautioning traffic. This will cause traffic to stop before making the left turn from 628.

Mr. Hough favors sidewalks in a development like this.

Mr. Strasser agreed that if the board wants sidewalks, the Applicant is willing to have sidewalks.
A vote was taken resulting in a 5 to 4 vote against approval of the upgrades to the intersection of Old Clove Road and Newman Road.

ROLL CALL VOTE
THOSE IN FAVOR: Cecchini, Bono, Hough, Gill
THOSE OPPOSED: Slate, Space, DeBoer, Kanapinski, Mylecraine

After a brief discussion of the impact of this vote, the consensus of the Board was that if the Board did not approve the improvements to the intersection presented by the Applicant, the intersection would most likely remain as is once the Applicant got his approval in Court.

Mr. Kienz stated that a condition could be put on the resolution for the BOE to send the buses up the hill.
A motion to approve the application with caveats that buses have to go up the hill to pick up kids at the designated areas. Mr. Cecchini suggested not putting a school bus stop at the intersection.

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

The board took a break at 9:00 p.m.

L-41-2004 ROLLING HILLS ESTATES
Application for a final major subdivision approval of the 38 lot subdivision approved in December 2003. The property is located on Route 284 and is known as Block 21, Lots 33.02 and 34.

Mr. John Lehman, Engineer, and the Attorney, Tom Collins were present for the Applicant.

Mr. Slate opened the meeting to the public. No one from the public was present for this application.
Mr. Slate closed the meeting to the public and opened it to the Board.

There are two main issues: drainage issue and a performance guarantee of bonding issue. The professionals for the Applicant stated that the Applicant had reviewed Mr. Pellow’s report and that he is willing to accept all of the items as conditions and that they would also request that the final plot be approved by the Board subject to a satisfactory Bond amount and that the drainage details and calculations would have to be satisfactory. All of the conditions would have to be complied with before the plot is signed by the Township Engineer. A time limit is to be established for completion of the improvements.

A motion was made by Mr. Cecchini and seconded by Ms. Mylecraine to approve the application for final major subdivision with conditions.

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

L-7-2005 SUSSEX BANK
Application for preliminary and final site plan with variances to construct a branch office on Route 23 (north of County Concrete). The property is known as Block 14, Lot 15 in the HC zone and contains 5.57 acres.
There was discussion about conflicts of interest since many of the Board members had accounts with the Bank. It was determined that they could be impartial and were hearing the application under the rule of necessity.

Ms Mylecraine refrained from discussion of the application because of a conflict.

Present at the meeting were Attorney Jennifer VanderWeile, Mr. Alan James Campbell, Engineer, and Mr. Terry Thompson, President of Sussex Bank.

There was some discussion regarding the ingress and egress and a combined entrance for both facilities. The engineer’s report was also reviewed.

Mr. Slate opened the meeting to the public.

Ms. Ann Smuliewicz asked about the appearance of Ferguson Funeral Home, which will be built next to the bank. The Engineer stated that the architecture is planned to be similar.

Mr. Slate closed the meeting to the public and opened it to the Board. There were no comments from the Board.

A motion was made by Mr. Cecchini and seconded by Mr. Bono approve this application.

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

L-5-2005 CHRISTIE DEVELOPMENT
Application for preliminary major subdivision approval for nine lots on 56.989 acres. The property is known as Block 12.01, Lot 3, and is located on Pond School Road.

Attorney Dennis McConnell and Joseph Golden, Engineer were present for this application.

This application was carried to the May 17 meeting. No further notice will be required. A walk on the property was scheduled for May 2 at 5:00 pm.

Steven Begunen, 149 Pond School Road concerned about the location of his well being close to the road. He is concerned that the proposed septic system might infringe on his well.

It was noted that the engineer would locate all the wells on the site.

ADJOURNMENT
On a motion duly made, seconded and carried, the meeting was adjourned at 11:00 p.m.

Respectfully submitted,
Stella Salazar
Assistant Secretary

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