August 15 , 2006

A regularly scheduled meeting of the Wantage Township Land Use Board was held on Tuesday, August 15, 2006 at the Wantage Township Municipal Building. The meeting was held in compliance with the provisions of the Open Public Meetings Act, Public Laws 1975, Chapter 231. It was properly noticed and posted to the public.

ROLL CALL
PRESENT: Mssrs. Smith, Space, Slate, DeBoer, Bono, Hough, Cecchini, Cillaroto, Grau. Mmes. Kanapinski, Mylecraine. Attorney Richard Brigliadoro, Engineer Harold Pellow.
EXCUSED: Mr. Corrigan.
ABSENT: Mme. Gill.

APPLICATIONS

L-18-2006 DEAN & AMY HAGGERTY
Applicants are seeking a variance to construct an in-ground pool and fence in the front yard. The subject property has access from Essex Road and Rt. 650 creating two front yards. The property is known as Blk. 59, Lot 70 and is located on Lara Lane in the R5 zone.

The applicant, Mr. Dean Haggerty, appeared before the Board.

Seven photos taken approximately three weeks ago were entered as A1 – A7. The size of the pool will be 14 x 32. It will be located approximately 20 ft from the house. The fence will be between 4 ft. and 6 ft.

Randy Shorr, next door neighbor, has no problem with the location of the pool.

Mr. Pellow’s report was reviewed and discussed. Mr. Grau asked about the height of the fence (3 ft. and 4ft.) Mr. Cecchini stated that given the location of the pool it will not even be noticeable from the street. It was discussed it would between 4 and 6 ft.

Mr. Grau made a motion seconded by Mr. Bono to approve this application, subject to Mr. Pellow’s report and subject to the applicant submitting an “as built” plan.

ROLL CALL VOTE
THOSE IN FAVOR: Smith, Space, Slate, DeBoer, Bono, Hough, Cecchini, Kanapinski, Grau.
THOSE OPPOSED: None. Motion carried.

L-6-2006 ABD WANTAGE, INC.
Application for a major subdivision approval of 151 acres into 21 residential lots. The property is known as Blk. 54, Lots 8.01, 10 and 14 and is located on Lowe Road, Smith Road and Libertyville Road in the RE zone.

Ms. Kanapinski stepped down as she is an adjoining property owner.

Attorney Lawrence Cohen and Engineer Kenneth Dykstra appeared before the Board. The professionals made a brief presentation of the application. An overall layout plan for the property which was marked as Exhibit A3 was reviewed.

Mr. Dykstra stated that the new plan reduces the length of the road thus reducing impervious coverage, increases open space and improves the visual environment with less disturbance.

Mr. Pellow’s reports were reviewed and discussed. The barn will be removed, the guard rail on Smith Road should be eliminated. The driveways are to be checked out on site. Maintenance of detention basins was discussed.

It was discussed that the resolution should include that the facade characteristics of the COAH unit will be similar to the single family homes, basins to be maintained by the municipality, additional drains if needed, escrow monies to be posted with the Township, and a preconstruction meeting is to be scheduled prior to the start of this project.

There was no one from the public present on this application.

Mr. Grau stated he had a problem with undersized lots. Mr. Cohen stated that under this plan, the density will still be the same. Ms. Mylecraine feels that the barn could stay. Mr. Cohen stated that the applicant intends to take it down because it may present structural problems. The Board discussed that the applicant is building two COAH units and the contribution should be $17,750 x 4.

Mr. Cecchini made a motion seconded by Mr. Bono to approve this application subject to Mr. Pellow’s report & the testimony given tonight.

ROLL CALL VOTE:
THOSE IN FAVOR: Smith, Space, Slate, DeBoer, Bono, Hough, Cecchini, Mylecraine.
THOSE OPPOSED: Grau. Motion carried.

L-15-2006 ELISSA FISHER
Application for a soil removal permit. The property is located on Pond School Road and is known as Blk. 11, Lot 15.01 in the R5 zone.

Attorney Keith Hyche, Engineer Art Senor, and Mr. Fisher, the applicant, appeared before the Board.

Mr. DeBoer and Mr. Space stepped down.

Mr. Smith stated that there were no elevation stakes for the site walk and he and the Board members were guessing at what they were looking at.

Mr. Pellow’s report was reviewed and discussed.

Mr. Smith feels that there should an inspection of the homes closer to the site prior to the start of the operation in case of future claims by the homeowners. Speed limit in the vicinity should be no more than 5 mph. Limit of trucks per day no more than 12. Mr. Smith asked if this is a removal operation only, Mr. Senor agreed, no processing at all. An inspection of the entrance on Pond School Road was discussed. Mr. Smith suggested limiting the operation to 4 or 5 months, the applicant suggested 6 months. Mr. Cillaroto asked how is the Board in a position to make a determination without a survey and to determine how the site will be reclaimed. He suggested another site walk with elevation stakes. Mr. Hough has concerns about the amount that was taken out and the amount that will be taken out. Mr. Cecchini stated that he had agreed with another site walk, although he does not believe that it should go that far. He feels for the neighbors as this is a business being run out of a farm which should be a farming business. Mr. Hough and Ms. Mylecraine agree.

The meeting was opened to the public. Mr. Max Siegel, 182 Pond School Rd., replied to Mr. Senor’s testimony. He stated that the issue is not farming, the issue is a gravel operation. Exhibit OS#1 satellite picture with calculations on distances and Exhibit OS#2 satellite picture were entered for the record.

Steve Mcgoonan, of Pond School Rd, concerns with added truck traffic.

Violet Steliga, 185 Pond School Rd, agrees with Mr. Siegel and Mr. Cecchini. She is concerned with dust and her fish pond.

The meeting was closed to the public and open to the Board. Mr. Slate expressed concern with the amount of soil that was taken and what will be taken. Mr. Pellow expressed concern with the present condition of the site.

Mr. Hough made a motion seconded by Mr. Cecchini to deny this application.

ROLL CALL VOTE:
THOSE IN FAVOR: Smith, Slate, Bono, Hough, Cecchini, Kanapinski, Grau.
THOSE OPPOSED: None. Motion carried.

The Board took a five-minute recess.

L-11-2006 MOUNTAIN VIEW MANOR AT WANTAGE
Application for final major site plan and subdivision approval of Phase I for construction of 35 active adult age restricted units. The property is known as Blk. 4, Lot 1.01 and is located on Route 23.

L-12-2006 TOWN CENTER AT WANTAGE
Application for final major site plan and subdivision approval of Phase I. The property is known as Blk. 4, Lot 1.07 and is located on Route 23.

Attorney Tom Collins, James Marx of Matrix New World, Engineer, Brian Stankus of Orth Rogers P.E. Associates, Traffic Engineer, and the applicant, Mr. John Maione, appeared before the Board on both applications which are being addressed together.

Reference was made to Mr. Pellow’s reports dated August 7 & August 10, 2006. The applicant agrees with all the observations on those reports.

The traffic Engineer stated that after analysis of left turning vehicles, the total number of vehicles making a left turn would be 23 vehicles per hour, for 98 units. After filing the initial application with the DOT, the DOT agreed that it was ok to build without a left turning lane. He stated that a permit would take approximately 5 to 6 months.

Mr. DeBoer asked if there would be any impact on the property across the street.

Applicant agrees to put application with DOT for a left turn left.

Nick Capozzoli, 25 Fairchild Lane, New Jersey Transit (NJT) driver stated that NJT already goes to Vernon on weekends. It was discussed that if a Sussex County Transit run could be later negotiated to pick up on site, the area between the two buildings would be a good turnaround point to pick up people.

Exhibits A2 showing 25% open space and A3 showing detail on commercial were entered for the record.

Mr. Smith referred to the wetlands area near the town center. He feels that it should be beautified. The applicant plans to get general permit to fill that in.

It was agreed to adding a condition on the resolution that the Board reserves jurisdiction to receive from the applicant the design plan for review and approval, left hand turn lane application submission with DOT by September 15, 2006 before obtaining COs, preconstruction meeting prior to starting, landscape architect submission for Mr. Pellow’s review. Subject to Mr. Pellow’s reports 8/7, 8/10, 5/31 and comments tonight, detention basin calculations.

Applicant stated he will comply with everything on Mr. Pellow’s report

Mr. Slate made a motion seconded by Mr. Grau to approve this application subject to Mr. Pellow’s report and tonight’s testimony.

ROLL CALL VOTE:
THOSE IN FAVOR: Smith, Slate, Bono, Hough, Cecchini, Kanapinski, Grau.
THOSE OPPOSED: None. Motion carried.

RESOLUTIONS

L-16-2004 MAINLAND SUSSEX
Mr. Cecchini made a motion seconded by Mr. Bono to adopt the resolution memorializing the Board’s decision of June 27, 2006 to approve the application of Main Land Sussex Company, LLC for Block 7, Lot 12 as shown on the Tax Map of the Township of Wantage, located at Wantage Plaza, 205 Route 23 in the Highway Commercial (HC) Zone, requesting a site plan waiver pursuant to N.J.S.A. 40:55D-51(b) and Section 16-3(d) of the Wantage Land Use Regulations, subject to the following terms and conditions:
1. The development of this parcel shall be implemented in accordance with the plans submitted and reviewed by the Board for this application.
2. This approval is contingent upon the Applicant satisfying all terms and conditions of the Board Engineer’s report dated June 19, 2006, the terms of which are incorporated herein by reference.
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. 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.
5. Certificate that taxes are paid to date of approval.
6. Sussex County Planning Board approval.
7. 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: Space, Slate, DeBoer, Bono, Hough, Cecchini, Kanapinski, Grau.
THOSE OPPOSED: None. Motion carried.

L-30-2005 WANTAGE RIDGE LLC
Mr. Cecchini made a motion seconded by Mr. Bono to adopt the resolution memorializing the Board’s decision of July 25, 2006 to approve the application of Wantage Ridge L.L.C. for Block 116, Lot 10.01 as shown on the Tax Map of the Township of Wantage, located on County Route 628 in the Highway Commercial Zone, requesting an extension of minor subdivision approval under the Municipal Land Use Law pursuant to N.J.S.A. 40:55D-47, subject to the following terms and conditions:
1. This approval is granted strictly in accordance with the Applicant satisfying all terms and conditions of the minor subdivision approval granted by this Board on November 29, 2005 and memorialized on December 21, 2005.
ROLL CALL VOTE:
THOSE IN FAVOR: Space, Slate, DeBoer, Bono, Hough, Cecchini, Cillaroto, Kanapinski, Mylecraine.
THOSE OPPOSED: None. Motion carried.

SUSSEX COUNTY LIBRARY
Mr. Cecchini made a motion seconded by Mr. Bono to adopt the resolution memorializing the Board’s decision of June 27, 2006 to approve the application of Sussex County Library for Block 18, Lot 7 as shown on the Tax Map of the Township of Wantage, located on County Route 639, requesting Section 31 approval pursuant to N.J.S.A. 40:55D-31, subject to the following recommendations:
1. The Applicant should seek to install buffer plantings to screen the proposed amphitheater use from existing residential developments as well as the strip mall use across from the Subject Property.
ROLL CALL VOTE:
THOSE IN FAVOR: Space, Slate, DeBoer, Bono, Hough, Kanapinski, Mylecraine.
THOSE OPPOSED: None. Motion carried.ADJOURNMENT
On a motion duly made seconded and carried, the meeting was adjourned at 11:00 p.m.

Respectfully submitted, Stella Salazar
Assistant Secretary