A regularly scheduled meeting of the Wantage Township Land Use Board
was held on Tuesday, August 23, 2005 at 7:30 p.m. at the Wantage Township
Municipal Building.
In the absence of Chairman James Smith, Board Member Ronald Slate conducted
the meeting. He stated that this meeting was being held in compliance
with the provisions of the Open Public Meetings Act, Public Laws 1975,
and Chapter 231. It had been properly noticed and posted to the public.
ROLL CALL
PRESENT: Mssrs. Slate, DeBoer, Cillarotto, Hough, Corrigan, Bono, Cecchini.
Mmes. Kanapinski, Gill.
ABSENT: Mylecraine, Grau, Space, Smith
APPROVAL OF MINUTES
Mr. Cecchini made a motion seconded by Mr. Bono, to approve the minutes
of July 19, 2005 with corrections.
ROLL CALL VOTE:
THOSE IN FAVOR: Cillarotto, Gill, DeBoer, Slate, Corrigan, Kanapinski,
Hough, Bono, Cecchini.
THOSE OPPOSED: None. Motion carried.
L-35-2004 AZZAM ISHAK
Azzam Ishak has filed an application for preliminary and final site plan
approval to construct a used car sales office. The property is located
on Route 23 in the HC zone and is known as Block 6, Lot 2 containing 1.385
acres.
At the request of the applicant, this application was carried to the 9/20
meeting. No further public notice will be required.
L-33-2004 PATRICK RUSSELL – REAPPROVAL
This application is for a subdivision which was approved on December 21,
2003. The property is known as Block 33, Lot 1, Unionville Road. The applicant
was delayed by a lengthy process necessary to satisfy the county with
regard to sight distances for the driveway.
Attorney Martin Vander Heide, was present on behalf of the applicant.
Mr. Cecchini made a motion seconded by Mr. Bono, to grant reapproval of
this subdivision.
ROLL CALL VOTE:
THOSE IN FAVOR: Cillarotto, Gill, DeBoer, Slate, Corrigan, Hough, Bono,
Cecchini.
ABSTAIN: Kanapinski.
THOSE OPPOSED: None. Motion carried.
L-16-2005 DONALD PFISTER
The applicant is proposing to combine Lots 2, 3, and 4, in Block 12.02,
with some additional acreage from Block 12.01, Lot 29 to create a 5 acre
lot. He is also proposing to annex Lot 6, in Block 12.03 to Lot 29, Block
12.01. The property is located on Beaver Run Road in the R5 zone.
Karen and Donald Pfister, husband and wife, and Ken Wentink, Engineer,
were present on this application.
Mr. Cecchini made a motion seconded by Mr. Bono to grant conditional completeness
as per the items listed on Harold Pellow’s report.
ROLL CALL VOTE:
THOSE IN FAVOR: Cillarotto, Gill, DeBoer, Slate, Corrigan, Kanapinski,
Hough, Bono, Cecchini.
THOSE OPPOSED: None. Motion carried.
Meeting open to the public. Mr. William Schreiber wondered if the 33-acre
lot can be further subdivided. Attorney Kienz stated that the Board would
not be deed restricting it.
Mr. Bono made a motion seconded by Ms. Gill, to carry this application
to the 9/20 meeting and authorize the attorney to prepare a favorable
resolution after review of the items on Mr. Pellow’s report.
ROLL CALL VOTE:
THOSE IN FAVOR: Cillarotto, Gill, DeBoer, Slate, Kanapinski, Hough, Bono,
Cecchini.
THOSE OPPOSED: None. Motion carried.
L-21-2005 JOHN NOTARO
The applicant is appealing the decision of the zoning officer and construction
official regarding the issuance of a Zoning Permit and Building Permit
for a country market. The property is located at 300 Route 519 near Decker
Road and is known as Block 129, Lot 1.02 and is located in the R5 zone.
Paula Ortega, Attorney, and John Notaro, Applicant and Mr. Nick Frasche,
Zoning Officer, were present on this application.
Meeting was opened to the public. Ms. Ann Dodd, and Elliott Leavit, who
own the property next to Mr. Notaro’s property, inquired about the
intended hours of operation, any lighted signs, and questions about the
placement of refuse, since the property in question faces all of their
bedrooms. The applicant stated that the hours would be 7 a.m. to 7 p.m.,
there would be no lighted signs, and the refuse would be on Decker Road.
There are some issues that need to be resolved: zoning certificate, no
site plan, no parking plan, 4/5 parking spaces required by 865 sq.ft.
+ employee parking + handicapped parking.
Mr. Cecchini made a motion seconded by Ms. Kanapinski, to appall the denial
of the A appeal by the Zoning Officer and to grant a Use Variance to operate
a general store. Application will be carried to the October meeting. Applicant
must renotice.
ROLL CALL VOTE:
THOSE IN FAVOR: Cillarotto, Gill, Slate, Corrigan, Kanapinski, Hough,
Bono, Cecchini.
ABSTAIN: DeBoer
THOSE OPPOSED: None. Motion carried.
L-19-2005 DR. DONALD PATLEN
The applicant has submitted an application for site plan approval to convert
an existing dwelling into a dental office on the lower level and the residence
upstairs. The property is known as Block 136, Lot 11.05 located on Route
23 in the HC zone.
Dr. Donald Patlen, Jr. Applicant, and Attorney James Opfer were present
for this application.
Board Member Gill stepped down.
On a vote duly made and seconded, this application was carried to the
9/20 meeting.
L-26-2005 LGR
The applicant is filing for a Final Major Subdivision for Fieldstone Ridge.
Approval for 24 lots was granted in August 2003. The property is known
as Block 125, Lot 4.01 on Decker Road.
Megan McMullen, Attorney, Mr. Skip Ferguson, Applicant and Developer,
and Mr. Jeff Doolittle, Surveyor and Engineer were present.
Mr. Cecchini made a motion seconded by Mr. Bono, to deem this application
complete subject to compliance with items listed on Harold Pellow’s
report.
ROLL CALL VOTE:
THOSE IN FAVOR: Cillarotto, Gill, DeBoer, Slate, Corrigan, Kanapinski,
Hough, Bono, Cecchini.
THOSE OPPOSED: None. Motion carried.
The applicant is asking for waiver on the COAH obligation. The applicant
feels that since this application was approved in August of 2003, he is
not responsible for compliance on that issue.
The meeting was opened to the public. Ms. Ann Smulowicz expressed her
thoughts as far as the COAH obligation that each developer has to fulfill.
Mr. Cecchini made a motion seconded by Mr. Bono, to carry this application
to the 9/20 meeting and authorized the attorney to prepare a favorable
resolution conditional on the issues on Harold Pellow’s report.
ROLL CALL VOTE:
THOSE IN FAVOR: Cillarotto, Gill, DeBoer, Slate, Corrigan, Kanapinski,
Hough, Bono, Cecchini.
THOSE OPPOSED: None. Motion carried.
RESOLUTIONS
L-11-2005 FINNEGAN RIDGE
Mr. Cecchini made a motion seconded by Mr. DeBoer to adopt the resolution
memorializing the Board’s decision of June 28, 2005 to approve the
application of Christie Development, LLC (Finnegan Ridge at Wantage) for
Block 10, Lot 2.01, as shown on the Tax Map of the Township of Wantage
located on Blair Road in the HC and R-1 Zones requesting a use variance
approval pursuant to N.J.S.A. 40:55D-70d with ancillary bulk variance
relief pursuant to N.J.S.A. 40:55D-70c(1)(2) and minor subdivision approval
pursuant to N.J.S.A. 40:55D-47, subject to the following terms and conditions:
The development of this parcel shall be implemented in accordance
with the plans submitted and approved.
This approval is granted strictly in accordance with the plans titled
"Finnegan's Ridge at Wantage" prepared by Joseph R. Golden,
P.E. of Golden and Moran Engineering, LLC, dated March 23, 2005, last
revised May 11, 2005.
This approval is granted subject to the Applicant's compliance with
the Board Engineer's report dated April 1, 2005. The Applicant shall
grade the site so as to provide a 150 foot sight distance.
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.
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.
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.
Certificate that taxes are paid to date of approval.
Sussex County Planning Board approval.
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: Cillarotto, DeBoer, Slate, Corrigan, Kanapinski, Hough,
Bono, Cecchini.
ABSTAIN: Gill
THOSE OPPOSED: None. Motion carried.
L-15-2005 MAGARINO
Mr. Cecchini made a motion seconded by Mr. Bono to adopt the resolution
memorializing the Board’s decision of June 28, 2005 to approve the
application of Magarino Ford Mercury for Block 2, Lot 53, as shown on
the Tax Map of the Township of Wantage located on New Jersey State Highway
Route 23 in the HC Zone, requesting as built bulk variance relief pursuant
to N.J.S.A. 40:55D-70c(2), subject to the following terms and conditions:
The development of this parcel shall be implemented in accordance
with the plans submitted and approved.
Except as otherwise modified by this approval the terms of preliminary
approval remain in full force and effect.
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.
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.
Certificate that taxes are paid to date of approval.
Sussex County Planning Board approval.
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: Cillarotto, DeBoer, Slate, Corrigan, Kanapinski, Hough,
Bono, Cecchini.
ABSTAIN: Gill
THOSE OPPOSED: None. Motion carried.
L-41-2004 ROLLING HILLS
Mr. Cecchini made a motion seconded by Mr. Bono to adopt an amended resolution
memorializing the Board’s decision of April 26, 2005 to approve
the application of Rolling Hills Development, LLC for Block 21, Lots 33.02
and 34, as shown on the Tax Map of the Township of Wantage located at
Route 284 in the ML Zone, requesting final major subdivision approval
for the development known as Rolling Hills Estates pursuant to N.J.S.A.
40:55D-50, subject to the following terms and conditions:
The development of this parcel shall be implemented in accordance with
the plans submitted and approved, and as otherwise modified through consultation
with the Board Engineer.
This approval is granted strictly in accordance with the final major
subdivision plat prepared by Beardslee Engineering Associates, William
E. Beardslee, P.E., dated July 20, 2004 and consisting of two (2) sheets
and as same was modified at the time of the hearing and/or consultation
with the Board Engineer.
Subject to the Applicant satisfying all terms and conditions of the
preliminary subdivision approval decided on December 17, 2002 and memorialized
on January 21, 2003.
Subject to the Applicant satisfying all terms and conditions of the
Board Engineer's report dated February 22, 2005 and/or as same may have
been modified at the time of the hearing.
Subject to the Applicant submitting revised drainage plans and a
drainage report as well as an updated bond estimate for the improvements
to be installed which shall be to the satisfaction of the Board Engineer.
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.
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.
Certificate that taxes are paid to date of approval.
Sussex County Planning Board approval.
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: Gill, Cillarotto, DeBoer, Slate, Corrigan, Kanapinski,
Hough, Bono, Cecchini.
THOSE OPPOSED: None. Motion carried.
ADJOURNMENT
On a motion duly made, seconded and carried, the meeting was adjourned
at 10:05 p.m.