A regularly scheduled meeting of the Wantage Township Land Use Board was held Tuesday, June 28, 2005 at 7:30 p.m. Chairman Jim Smith opened the meeting. He 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. Smith, Space, DeBoer, Corrigan, Cecchini, Hough, Mme. Kanapinski, Attorney Glenn Kienz and Engineer Cory Pellow.
ABSENT: Mssrs. Slate, Bono, Grau, Cillarotto, Mme. Mylecraine.
EXCUSED: Mme. Gill

L-11-2005 FINNEGAN RIDGE
Application for a minor subdivision of a tract containing 39.411 acres into three lots located on Blair Road. The property is known as Block 10, Lot 2.01. A variance will be required for all of the proposed lots from the requirement for 20,000 sq. ft. of contiguous unconstrained area. A variance is needed because the property is located in the HC and R1 zones.

Mr. Wayne McCabe, Planner and Attorney James Opfer for Mr. Dennis McConnell, were present for the applicant.
Mr. McCabe gave a brief explanation of why the property is more suitable for residential as opposed to commercial purposes.

Mr. Smith opened the meeting to the public. No one from the public was present for this application.

Mr. Cecchini made a motion seconded by Mr. Hough to grant a D Variance approval.

ROLL CALL VOTE:
THOSE IN FAVOR: Smith, Corrigan, Cecchini, Hough, Kanapinski.
ABSTAIN: Space, DeBoer.
THOSE OPPOSED: None. MOTION CARRIED.

It was also noted that the applicant was allowed to waive receipt of the resolution in order to file the deeds as soon as possible.

L-15-2005 MAGARINO
Application for variances for the sign and building set back for the used car facility. The property is located on Route 23 in HC zone and is known as Block 2, Lot 53.

Mr. Sam Magarino, owner, and Engineer Kenneth Wentink were present for this application.

Mr. Wentink explained that the present sign is 25 ft. high, 78 sq. ft. The original sign that was approved was 29.10 ft. high, 73 sq. ft. The Applicant decided to use the old sign that was in the back because a new sign was very expensive. The Applicant is requesting approval for a side yard of 19.01 ft. instead of the required 20 ft. side yard.

Mr. Cecchini made a motion seconded by Mr. Corrigan to grant variance approval for both the sign and the side yard.

ROLL CALL VOTE:
THOSE IN FAVOR: Smith, Space, DeBoer, Cecchini, Hough, Kanapinski.
THOSE OPPOSED: None. MOTION CARRIED.

L-13-2005 JUSTIN VANDERGROEF
Application to create a lot with 50 ft. of frontage on a private road. The property will be accessed from Sytsema Place which is located off of Holland Road. The proposed lot will contain 5.377 acres and is in the R5 zone and it is known as Block 123, Lot 3.01 and 3.12.

Mr. Parker Space stepped off the Board due to a family relationship.

Attorneys James Opher for the Applicant and William Vosper on behalf of the residents of Sytsema Place were present on this application.

Mr.Vosper stated that he believes that the legal aspect should be dealt with first before any approvals are granted. Both attorneys presented before the Board the reasons their parties in this case have as far as who has the right to the road.

Chairman Smith opened the meeting to the public.

Mr. David Vandeheigel of Sytsema Place feels that the new house will be too close to their property and he wants his privacy.

Mrs. Peggy McMurren has lived there for over 30 years, they own the road and they do not want another house on the road.

Mrs. Kathleen Baklarz of Sytsema Place has no big objections to having a new neighbor.

Mr. Parker Space appeared before the Board as a character witness. He believes that Justin is a good neighbor to have as he will be there ready to help at any time of day and night since he is a member of the Fire Department.

Mr. Chris Vandergroef stated that his father created this site when his grandfather transferred the property. His father’s conception was that the lot owners on the cul-de-sac were to maintain the road, the rest of them would contribute if they wanted to contribute. He feels with Justin coming in there would be better service because he would take it as his own. He stated that trees would only be taken down enough to accommodate the 15 ft. wide driveway, preserving the integrity that they now have. He added that emergency access would come from Beemer Church Road which is the shorter route to Sytsema Place.

Mr. Harold McMurren of Sytsema Place indicated that when he bought the property he was told that there would only be four houses on this road. He supports Mr. Kienz’ idea about having a meeting with the professionals on order to reach some kind of agreement.

The meeting was closed to the public.

Mr. Hough stated that he did a site walk and it really helped him understand what this application is intended to do. He added that people should be able to adapt to changes and that one more house is not going to make a marked impact on this road.

The Board discussed having a site walk in order for the members to get a better feel of the situation. A site walk was scheduled for July 7, 2005 at 5:00 p.m.

Mr. Cecchini made a motion seconded by Mr. Hough for a July 7 site walk and to carry this application to the Board’s July 19, 2005 meeting. No further notice is required. Extension to July 19th was granted by Mr. Opher.

ROLL CALL VOTE:
THOSE IN FAVOR: Smith, DeBoer, Corrigan, Cecchini, Hough, Kanapinski.
ABSTAIN: Space
THOSE OPPOSED: None. MOTION CARRIED.

INFORMAL
Mr. Harold Quinn owns 90 acres adjacent to Lake Neepaulin off of Libertyville Road. He is thinking of developing and he has had some inquiries from interested parties about it. He was thinking about a town center or four mini estates.

The Board made Mr. Quinn aware that no matter what he decides to do he is going to encounter some resistance. Mr. Quinn acknowledged that he knew that, especially from sitting at the meeting tonight.

RESOLUTIONS

L-9-2005 SUSSEX SOUTH
Motion made by Mr. Cecchini seconded by Mr. Smith to adopt the resolution memorializing the Board’s decision of May 24, 2005 to approve the application of Sussex South Associates for Block 30, Lot 8, as shown on the Tax Map of the Township of Wantage located on Unionville Road (County Route 651), in the R-1 Zone, requesting preliminary major subdivision approval with ancillary "c" variance relief and a waiver of Checklist Item 6.02 is granted pursuant to N.J.S.A. 40:55D-48, N.J.S.A. 40:55D-70(c) 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 plans prepared by Caffrey and Associates last dated May 10, 2005 and/or as same may be modified in consultation with the Board Engineer.
3. The Applicant shall comply with the recommendations contained in the Board Engineer's review report dated April 8, 2005 revised May 18, 2005 except as same may have been modified at the time of the hearing.
4. Subject to the Applicant submitting grading plans as required by Checklist Item 6.02 for each of the individual lots created by this subdivision at the time that final site plans are submitted for each lot to be developed.
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. The Applicant shall provide a sign or other suitable identifying marker at the boundary of the cemetery on the Subject Property which shall identify the area as a cemetery.
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. Certificate that taxes are paid to date of approval.
9. Sussex County Planning Board approval.
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: Smith, Space, DeBoer, Cecchini, Hough, Kanapinski.
THOSE OPPOSED: None. MOTION CARRIED.

L-10-2005 SUSSEX SOUTH
Motion made by Mr. Cecchini seconded by Mr. Hough to adopt the resolution memorializing the Board’s decision of May 24, 2005 to approve the application of Sussex South Associates for Block 30, Lot 7, as shown on the Tax Map of the Township of Wantage located on Unionville Road (County Route 651), in the R-1 Zone, requesting preliminary major subdivision approval with ancillary "c" variance relief and waiver of Checklist Item 6.02 is granted pursuant to N.J.S.A. 40:55D-48, N.J.S.A. 40:55D-70(c) 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 plans prepared by Caffrey and Associates, Inc. and MCB Engineering Associates, P.C., last dated May 10, 2005 and/or as same may be modified in consultation with the Board Engineer.
3. The Applicant shall comply with the recommendations contained in the Board Engineer's review report dated April 8, 2005 revised May 18, 2005 except as same may have been modified at the time of the hearing.
4. Subject to the Applicant submitting grading plans as required by Checklist Item 6.02 for each of the individual lots created by this subdivision at the time that final site plans are submitted for each lot to be developed.
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: Smith, Space, DeBoer, Cecchini, Hough, Kanapinski.
THOSE OPPOSED: None. MOTION CARRIED.

L-12-2005 WANTAGE VETERINARY HOSPITAL
Motion made by Mr. Cecchini seconded by Mr. DeBoer to adopt the resolution memorializing the Board’s decision of May 24, 2005 to approve the application of MKC Properties LLC for Block 20, Lot 1 as shown on the Tax Map of the Township of Wantage, located at 465 State Highway Route 23 North in the NC Zone, requesting preliminary and final major site plan approval with ancillary "c" variance relief is granted pursuant to N.J.S.A. 40:55D-70c, N.J.S.A. 40:55D-46 and N.J.S.A. 40:55D-50, subject to the following terms and conditions:

1. The development of this parcel shall be implemented in accordance with the plans submitted and approved, which include:
   

   a.	A report entitled "Facility Impact Report" prepared by Allen J. Campbell, P.E. of Robert L. Campbell Associates, Inc. Engineers and Surveyors dated February 2005;
   b.	A planting plan consisting of one (1) sheet prepared by David H. Wright, C.L.A., dated April 2005;
   c.	Architectural plans prepared by Charles Schaffer of Charles Schaffer Associates, dated March 31, 2005 and consisting of three (3) sheets; and
   d.	Site plans prepared by Allen J. Campbell, P.E. of Robert L. Campbell Associates, Inc. Engineers and Surveyors, dated April 19, 2005 and consisting of eight (8) sheets.

2. This approval is granted subject to the Applicant's compliance with the terms and conditions of the Board Engineer's report dated April 13, 2005 with last revision date of April 29, 2005 and/or as same may have been modified at the time of the hearing.
3. 3. 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.
4. Subject to the Applicant providing the Board with documentation from the NJDEP with regard to the satisfactory removal of gasoline tanks from the Subject Property.
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 or waiver.
8. Subject to all other applicable rules, regulations, ordinances and statutes of the Township of Wantage, County of Sussex, New Jersey, or any other jurisdiction.

ROLL CALL VOTE:
THOSE IN FAVOR: Smith, Space, DeBoer, Cecchini, Hough, Kanapinski.
THOSE OPPOSED: None. MOTION CARRIED.

L-5-2005 CHRISTIE DEVELOPMENT
A motion was made by Mr. Space seconded by Mr. Hough to adopt the resolution memorializing the Board’s decision of May 17, 2005 to approve the application of Christie Development LLC (Fawn Ridge at Wantage) for Block 12.01, Lot 3, as shown on the Tax Map of the Township of Wantage located on Pond School Road, in the Residential Environs Zone, requesting preliminary major subdivision approval with ancillary "c" variance relief is granted pursuant to N.J.S.A. 40:55D-48 and N.J.S.A. 40:55D-70(c)(2), subject to the following terms and conditions:

1. The development of this parcel shall be implemented in accordance with the plan submitted and approved.
2. This approval is granted strictly in accordance with the plans prepared by Joseph R. Golden, P.E. and Richard M. Gardell, dated February 22, 2005, with last revision date of May 17, 2005 and consisting of seven (7) sheets.
3. This approval is granted strictly in accordance with the Environmental Inventory and Impact Study, Major Subdivision, Block 12.01, Lot 3 prepared by Golden & Moran Engineering, LLC, dated February 23, 2005.
4. This approval is subject to the Applicant contributing $2,100.00 per lot or $16,800.00 in total to the Road Trust Fund.
5. This approval is subject to the Applicant complying with the terms and conditions of the Board Engineer's report dated March 28, 2005 or as same may have been modified at the time of the hearing.
6. This approval is subject to the Applicant providing affordable housing units as required by Ordinance and as stated in the March 28, 2005 report of the Board Engineer.
7. 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.
8. 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.
9. Certificate that taxes are paid to date of approval.
10. Sussex County Planning Board approval.
11. 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: Corrigan, Hough, Kanapinski, Space.
THOSE OPPOSED: None. MOTION CARRIED.

APPROVAL OF MINUTES
MINUTES OF 5/17/05
Mr. Corrigan made a motion seconded by Mr. Hough to approve the minutes of May 17, 2005.
ROLL CALL VOTE:
THOSE IN FAVOR: Space, Corrigan, Hough, Kanapinski.
THOSE OPPOSED. None. MOTION CARRIED.

MINUTES OF 5/24/05
Mr. Cecchini made a motion seconded by Mr. Hough to approve the minutes of May 24, 2005.
ROLL CALL VOTE:
THOSE IN FAVOR: Smith, Space, DeBoer, Cecchini, Hough, Kanapinski.
THOSE OPPOSED: None. MOTION CARRIED.

Ms. Kanapinski reminded the Board members about submitting the paperwork regarding accessory structure and minor site plan variances. She added that the qualifying map is being revised by Mr. Harold Pellow. Mr. Smith stated that Mr. David Throast is revising the ordinance for the Hamlets.

ADJOURNMENT
On a motion duly made and seconded, the meeting was adjourned at 9:20 p.m.