A regularly scheduled meeting of the Wantage Township Land Use Board took place on Tuesday, February 22, 2005. A work session was held from 6:30 p.m. to 7:30 p.m.

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

Chairman Smith announced 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.

WORK SESSION – ROUTE 23 CORRIDOR
Engineer David Troast presented an amendment to the master plan of the Route 23 Corridor Study to the Board. The plan extends from the Hardyston Township line to Route 565 in Wantage. Chairman Smith stated to the Board members that this is only a plan which needs to be presented to the public. He is sure that there are many questions that they did not think to ask and the public will certainly offer input. The project will be introduced at next week’s meeting on March 3, 2005 at the Wantage School at 7:00 p.m.

The Board took a five-minute recess.

APPLICATIONS

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

Township Attorney Kienz addressed the applicant concerning the review memo from the Township Engineer Pellow. He stated he would like to go over the report at a work session meeting in the morning with the applicant and his professionals. He stated there are some items that need to be straighten out to get them in a position to move forward at the next hearing. There needs to be an amendment to the plan. Applicant stated they need two weeks to get the changes done. Application carried to future meeting.

L-2-2005 SISCO
Application to convert an existing single family dwelling into a mother/daughter apartment on the lower level. The property contains 1.579 acres and is located on the cul-de-sac on Dunn Place. It is known as Block 131, Lot 1.07 in the R1 zone.

Mr. George Sisco and his daughter, Christine Noonan, were present at the meeting to give testimony as to the proposed improvements to the property.

Upon review of the conditions of the addition to the existing property by Attorney Kienz, the meeting was opened to the public. There was no one from the public present at the meeting for this application. Chairman Smith then closed the meeting to the public and opened it to the Board.

Chairman Smith confirmed with the applicant that there is an egress door downstairs. Joanne and Fred asked about the well which pumps 5 gallons per minute, the septic is 2 yrs old, more laterals were added to it.

Mr. Cillaroto made a motion, seconded by Mr. Hough, to approve this application. It was decided that the deed would have a restriction, if the property were to be sold it would have to be single family or mother/daughter use.

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

L-35-2003 KENT
Revised plans for Block 151, Lot 24.02 on Route 519. Applicant proposing to remove the existing trailer and replace it with a single family (Cape Cod style) residence on a 0.511 acre lot.

This application was reviewed informally. Notices will be sent in time for the next meeting.
This application was carried to the 3/15 meeting.

L-38-2004 MALFATTO
Mr. Kenneth Wentink, Engineer and Mr. Frank Malfatto, the applicant, were present for this application.

Seeking a variance to construct a single family residence on a lot which contains an existing barn in the front yard. The 10-acre lot is located on Haggerty Road (Cty Road 635) and is known as Block 121, Lot 3.05 in the R1 zone.

Mr. Malfatto stated that he would like to have the variance approved so that a future buyer of the land may be able to build a house if he or she so wishes.

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

Ms. Mylecraine made a recommendation that this property be deed restricted, not to be dividable, to be kept as one (1) lot.

Mr. Hough made a motion, seconded by Mr. Bono, to approve this application.
ROLL CALL VOTE
THOSE IN FAVOR: Smith, Slate, Space, DeBoer, Bono, Hough, Kanapinski, Mylecraine, Gill.
THOSE OPPOSED: None. MOTION CARRIED.

APPROVAL OF MINUTES
On a motion duly made, seconded and carried, the minutes of January 18 and January 25 were approved.

RESOLUTIONS

L-40-2004 NAISBY
Mr. Slate made a motion, seconded by Mr. Bono, to adopt the Resolution memorializing the Board’s decision of January 25, 2005 to grant minor subdivision approval for Block 152, Lots 6.04 and 6.05, as shown on the Tax Map of the Township of Wantage located on Snover Road, in the RE-5 (Residential Environs) Zone, as well exceptions to Items 3.01 and 3.03 of the Checklist requirements, pursuant to N.J.S.A. 40:55D-47 and N.J.S.A. 40:55D-51, 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 minor subdivision plans prepared by Eric R. Smart, L.S., dated October 28, 2004 and/or as same may have been revised at the time of the hearing or in consultation with the Board Engineer.
3. This approval is granted subject to the Applicants’ compliance with the terms and conditions of the Board Engineer’s report dated November 16, 2004 with last revision date of December 1, 2004 and/or as same may have been modified or revised at the time of the hearing.
4. Subject to the Applicants’ filing Minor Subdivision Deeds or plat pursuant to N.J.S.A. 40:55D-47.
5. 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.
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: Smith, Slate, Space, Bono, Hough, Kanapinski, Mylecraine, Gill.
THOSE OPPOSED: None. MOTION CARRIED.

L-34-2003 VANDERGROEF
Mr. Bono made a motion, seconded by Mr. Smith, to adopt the Resolution memorializing the Board’s decision of February 15, 2005 to grant an extension of approvals for Block 123, Lot 3.01, as shown the Tax Map of the Township of Wantage located on Holland Road, in the R-1 Zone. Approvals were previously granted by Resolution dated January 27, 2004 and extended by Resolution of the Board memorialized December 21, 2004. An extension is granted again pursuant to N.J.S.A. 40:55D-47(f) until May 5, 2005 so that all terms and conditions of the Resolution memorialized on January 27, 2004 in this matter may be satisfied by the Applicant.

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

OTHER BUSINESS
Mr. Fred Malone and his daughter Chrisha Wright attended the meeting to make an informal inquiry regarding a proposed business for Ms. Wright.

Ms. Wright has a small retail business in Augusta. She is under contract to purchase a property located at 964 Route 23. Her real estate broker has told her it is zoned commercial. They are looking for guidance as to the permitted use of the property, before they continue with the process.

Attorney Kienz indicated that it seems to be a pre-existing non-conforming use and an updated site plan would help clarify the issue. He stated he would be happy to speak to the Applicant’s attorney to find out more about the use of the property and to help the Applicant with this matter before she spends money on a surveyor or an engineer.

Mr. Skip Ferguson of LGR Enterprises, LLC and his attorney, Ms. Megan MacMullin, were present with two issues which need to be taken care of in order to complete the road dedication for Robert’s Way, Eagle Ridge Block 135, Lot 6.09.

1. Final decision whether or not LGR Enterprises is required to install a street light at Sherman Ridge Road and Robert’s Way
2. The 70 shrubs originally planned to be planted around the retention basin are not wanted by the property owner who would have the responsibility of maintaining them.

Attorney Kienz stated that the Board has the authority to decide on these issues since the property owner does not want them. A voice vote was carried for a favorable motion.

ADJOURNMENT
On a motion duly made, seconded and carried, the meeting was adjourned at 8:52 p.m.

Respectfully submitted,

Stella Salazar
Assistant Secretary