December 19, 2006

A regularly scheduled meeting of the Wantage Township Land Use Board was held on Tuesday, December 19, 2006 at the Wantage Township Municipal Building.  The meeting was held in compliance with the Open Public Meetings Act, Public Laws 1975, Chapter 231.  The meeting was properly noticed and posted to the public.

ROLL CALL
PRESENT:  Mssrs. Smith, Space, Slate, DeBoer, Bono, Cecchini, Cillaroto, Grau.  Mmes. Kanapinski, Mylecraine, Gill, Attorney Michael Brigliadoro, Engineer Cory L. Stoner, Planner David Troast.
EXCUSED:  Mr. Hough.

APPLICATIONS

Application for preliminary major site plan and subdivision approval to construct a mixed use age restricted development on Blk. 116, Lot 10.06.  The property is located in the Planned Small Community McCoy’s Corner zone on Route 628.

Application for preliminary major site plan and subdivision approval to construct a mixed use age restricted development on Blk. 116, Lot 10.01.  The property is located in the Planned Small Community McCoy’s Corner zone on Route 628.

Attorney Thomas F. Collins of Vogel, Chait, Collins and Schneider, Engineer Adnan A. Khan of Matrix New World Engineering and Planner Jill Hartmann appeared before the Board.

Mr. Cecchini stepped down.  He is an adjoining property owner.

Mr. DeBoer asked Attorney Collins if he was allowed to vote on this application.  The reason for his question was that when Mr. Collins appeared before the Board on behalf of Mr. Maione on a site plan amendment related to a use variance it was discussed that Mr. DeBoer should not vote.  Mr. Collins stated that the application before the Board tonight did not involve a use variance.  Therefore, Mr. DeBoer could sit and vote on the application.

Mr. Collins asked that the two applications be heard as one hearing, recognizing that there are two separate applications.  However, separate resolutions were requested, the reason having to do with the wastewater management plan requirements.  He stated that the properties are in our planned village center zone and comply with our master plan.  The professionals made a presentation of the applications.  The following exhibits were introduced for the record:  Exhibit A1, color rendering of both projects, including landscaping, Exhibit A2, color rendering of Wantage Village, Exhibit A3, color rendering of Wantage Ridge, Exhibit A4, color rendering of a building with commercial units on the first floor and affordable rental apartments on the second floor.  The professionals stated that the project will consist of a total of 212 units which include141 townhouses, 23 single family homes and 48 COAH units.  Two variances are being requested, one for 16 ft. sideyard between the duplex buildings instead of 30 ft. and the other one for a 10 ft. high wall on the northwest side and the east side of the property.  The wall will be 6 ft. with a 4 ft. fence.

The reports from Mr. Pellow, Mr. Stoner and Mr. Troast were reviewed.  Mr. Collins stated that the applicant will comply with all the recommendations.

Mr. Space had to leave the room temporarily during Ms. Hartmann’s testimony.  Mr. Smith stated that Mr. Space was part of the subcommittee that met prior to the hearing and that he had already heard Ms. Hartmann’s testimony.

The meeting was opened to the public.  Mr. William Kiss of 6 Route 628, Lot 12, owns a property at the bottom of the proposed Village site on Route 628.  He had a question about the proposed sidewalk to be built in front of his house in order to provide access to the library.  The Board encouraged making the sidewalk come out of the spur that goes to Route 639.  He also questioned if the construction will affect his well.  It was explained that the project will have water supply from Sussex Borough.  Mr. Dean Schmitter of 84 Route 639, Lot 10.03, had a question about the slope in back of his property.  He stated that at the last meeting he was told that that slope was not to be disturbed.  It was discussed that the developer can cut on his property and a placing a berm was discussed.

The meeting was closed to the public.  Mr. Smith asked about sidewalks, street signs and mail delivery.  Mr. DeBoer asked about the water supply.  He wondered if the Borough guarantees enough water.  He stated that Wantage Township does not want to get involved with water billing as it was done in the past.  Mr. Slate asked if there would be enough fire hydrants.  It was discussed that there would be a number of them throughout the property.

The review of Mr. Pellow’s report for the Village included:  parking, recreation building, perimeter walls, easements for construction of Phase II, construction fence, filtration basins, lighting details, landscaping signs, the applicant’s water treatment application submitted to D.E.P., water tank to look like a silo (height unknown), Board to retain jurisdiction for the height of the silo, trash enclosures, elevations for all units, all sides of the units to be finished including foundations, maximum height of the buildings will be 40 ft.  A special site visit was recommended.

For Wantage Ridge, most of the items were covered in the plan for the village.

Mr. David Troast stated that the property is located in a special zone, the planned small community.  He stated that all the requirements are met and that there is a significant number of COAH units, consistent with the housing plan, side yard variance for the duplex units is appropriate since this design is more characteristic of what a village should look like.  He said that since the property has a lot of slopes and there will be affordable units as well as age restricted units, the developer should work closely with the construction official to make sure handicap pathways are done before paving and that more detail should be requested on the appearance of the rock walls and that the entryway into the development must be made more village like.

Ms. Mylecraine asked about the ground cover that will be used in the center area of the village.  The Landscape Architect, Mr. Scott Alan Levy, of Scott Alan Design, Fair Lawn, NJ, stated that the area is approximately 280 ft. x 300 ft.  A mixture of wildflowers and perennials and annuals will be used.  Mr. Troast suggested in the developer’s agreement there be a bond for a specific period of time and also the homeowner’s agreement to include an inspection before they take over.  It was discussed that the single family owners will be subject to the condo and homeowner’s association.  Mr. DeBoer asked who would maintain and plow the roads.  Mr. Cillaroto asked if the site has been calculated as balanced, the professional stated that it is balanced.

It was discussed that the site will have a pool and tennis courts.  The entrance of the village may be a common gathering place.  Placing a gazebo and making an area for county transit pick up and for the school bus pick up was discussed.

Mr. Smith asked for a motion to approve based on the two variances, the conditions on the reports, the landscape buffer at the back of Mr. Schmitter’s property, COAH combination of the two projects exceeds 20%, architectural features pre-construction meeting, developer’s agreement, bonding, landscaping and general plans discussed, fire hydrants and mailboxes, the engineer to see all easements prior to construction, no waivers being requested.

Mr. DeBoer made a motion seconded by Mr. Bono to approve these applications subject to all the items listed and discussed.

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

The Board took a recess.

Mr. Cecchini made a motion seconded by Ms. Mylecraine to approve the minutes of November 28, 2006.

ROLL CALL VOTE: THOSE IN FAVOR:  Smith, Space, Slate, Bono, Cecchini, Cillaroto, Kanapinski, Gill, Mylecraine. THOSE OPPOSED:  None.  Motion carried.

L-11-2006 Christie Development

Mr. Bono made a motion seconded by Mr. DeBoer to adopt the resolution memorializing the Board’s decision of October 17, 2006 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, with 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), waivers pursuant to N.J.S.A. 40:55D-51 and minor subdivision approval pursuant to N.J.S.A. 40:55D-47, 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 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 and/or as same have been modified at the time of the hearing or in consultation with the Board Engineer as authorized by the Board.
3. This approval is granted subject to the Applicant's compliance with the Board Engineer's report dated April 1, 2005, revised May 23, 2005.  The Applicant shall grade the site so as to provide a 150 foot sight distance.
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. 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.
6. This approval is subject to the Applicant contributing $4,200.00 to the Wantage Road Trust Fund which amount is arrived at $2,100.00 per lot.
7. The Applicant shall comply with the affordable housing regulations of the Township.
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:  Smith, Slate, Bono, Cecchini, Kanapinski, Grau.
THOSE OPPOSED:  None.  Motion carried.

L-22-2006 Space/Ostrowski

Mr. Bono made a motion seconded by Mr. DeBoer to adopt the resolution memorializing the Board’s decision of October 24, 2006 to approve the application of Linda Space and Gregg Ostrowski for Block 17, Lot 4.01, as shown on the Tax Map of the Township of Wantage located at Lewisburg Road, in the Residential Environs Zone, requesting minor subdivision approval with bulk variance relief pursuant to N.J.S.A. 40:55D-47 and N.J.S.A. 40:55D-70(c)(1) 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 plans submitted and approved.
2. The development of this parcel shall be implemented in accordance with the plans prepared by Dykstra Walker Design Group, dated June 12, 2006 and consisting of five (5) sheets and/or as same has been modified pursuant to the hearings in this matter in consultation with the Board Engineer.
3. This approval is subject to the Applicants satisfying all terms and conditions of the Board Engineer's report dated August 14, 2006 and/or as same has been modified at the time of the hearing.  In this regard, the Applicants shall:
   

   a.	Provide the Board with a copy of the Letter of Interpretation issued by the NJDEP for the Subject Property;
   b.	Provide the Board with soil logs witnessed by the Board Engineer's office to ensure that the proposed lots are suitable for infiltration;
   c.	Provide a cross-driveway easement for the benefit of Lot 4.04 to access Lot 4.05;
   d.	Show the right-of-way dedication for the entire tract of land on its plans as revised;
   e.	Submit a driveway application at the time of building permit application;
   f.	Stake the driveway intersection with Lewisburg Road for determination of the extent of clearing to be performed; and
   g.	Depict the building footprint on the plans submitted given the presence of steep slopes and wetlands on the property.

   
   
4. This approval is subject to the Applicants contributing $2,100.00 per lot for a total contribution of $4,200.00 to the Township Road Trust Fund.
   
5. The Applicants shall comply with the Affordable Housing Ordinance adopted by the Township.
   
6. 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.
   
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, Slate, DeBoer, Bono, Cecchini, Kanapinski, Mylecraine, Grau. THOSE OPPOSED:  None.  Motion carried.

L-24-2006 The A & P

Mr. Bono made a motion seconded by Mr. DeBoer to adopt the resolution memorializing the Board’s decision of October 24, 2006 to approve the application of Great Atlantic & Pacific Tea Company, Inc. for Block 20, Lot 3, as shown on the Tax Map of the Township of Wantage located at Route 23 North in the Neighborhood Commercial (N-C) Zone, requesting minor site plan approval pursuant to N.J.S.A. 40:55D-46.1, subject to the following terms and conditions:

1. The development of this parcel shall be implemented in accordance with the plans submitted and approved.
2. The development of this parcel shall be implemented in accordance with the plans prepared by Rosenbaum Design Group dated August 2, 2006 and consisting of two (2) sheets and/or as same has been modified pursuant to the hearings in this matter and in consultation with the Board Engineer.
3. This approval is subject to the Applicant satisfying all terms and conditions of the Board Engineer's report dated September 27, 2006 and/or as same has been modified at the time of the hearing.  In this regard, Applicant's new plans will be submitted eliminating the 5,000 square foot retail building as shown on the plans previously approved by the Wantage Planning Board.  The Applicant's plans will also show all proposed exterior striping as well as all proposed site improvements.  The Applicant shall also provide the Board Engineer with a letter listing and explaining all proposed site improvements.
4. The Applicant shall meet with the Board Engineer and Township Construction Official to review issues of the pedestrian safety especially with respect to the fire lane striping in front of the A&P building to determine whether additional signage or other appropriate measures can be undertaken to improve the pedestrian walk areas without infringing upon emergency vehicle access to the site.
5. The Applicant shall review with the corporate offices of A&P to consider the Board's recommendation of utilizing a quarter system for the proposed shopping cart corrals and provide the Board with a written response as to whether such a system is reasonable for the site.
6. The Applicant shall comply with the terms and conditions of all prior approvals to the extent said terms and conditions do not conflict with this Resolution, in which instance, this Resolution shall control.
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, if necessary.
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:  Smith, Space, Slate, DeBoer, Bono, Kanapinski, Mylecraine, Grau.
THOSE OPPOSED:  None.  Motion carried.

L-26-2006 Erwin & Renate Gratzl

Mr. Bono made a motion seconded by Mr. DeBoer to adopt the resolution memorializing the Board’s decision of October 24, 2006 to approve the application of Erwin and Renate Gratzl for Block  22, Lot 8.04, as shown on the Tax Map of the Township of Wantage located at 228 Route 284 in the Residential Environs Zone, requesting elimination of a significant condition of a memorializing Resolution pursuant to N.J.S.A. 40:55D-70(b), subject to the following terms and conditions:

1. The Applicants shall convert the existing two-family dwelling on the Subject Property to a single-family mother/daughter residence.
2. The Applicants shall record this Resolution with a Deed for the Subject Property that acknowledges and restricts the use of the property as a single-family mother/daughter residence.  The Deed shall be subject to the review and approval of the Board Attorney and Board Engineer.
3. 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.
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:  Smith, Space, Slate, DeBoer, Cecchini, Grau.
THOSE OPPOSED:  None.  Motion carried.

L-13-2005 Justin VanderGroef

Mr. Bono made a motion seconded by Mr. DeBoer to adopt the resolution memorializing the Board’s decision of November 28, 2006 to approve the application of Justin VanderGroef for Block 123, Lots 3.01 and 3.12, as shown on the Tax Map of the Township of Wantage located at Holland Road and Sytsema Place, in the Residential Environs Zone, for an extension of its minor subdivision approval until January 4, 2008 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 September 20, 2005 and memorialized on December 20, 2005.

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

L-34-2005 Lawrence Vermeulen

Mr. Bono made a motion seconded by Mr. DeBoer to adopt the resolution memorializing the Board’s decision of November 28, 2006 to approve the application of Laurence Vermeulen for Block 30, Lot 1.04, as shown on the Tax Map of the Township of Wantage located at 22 Black Dirt Road in the Residential Environs Zone, requesting  minor subdivision approval, planning variance relief and waivers as stated herein pursuant to N.J.S.A. 40:55D-47, N.J.S.A. 40:55D-36 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. The development of this parcel shall be implemented in accordance with the plans prepared by KSM Engineering, Inc., dated June 14, 2006 and consisting of 13 sheets and/or as same have been modified pursuant to the hearings in this matter or in consultation with the Board Engineer as approved by the Board.
3. This approval is subject to the Applicant satisfying all terms and conditions of the Board Engineer's report dated October 30, 2006 and/or as same has been modified at the time of the hearing of this matter.
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. The Applicant shall comply with the requirements of the Township's Affordable Housing Ordinance.
8. The Applicant shall provide Conservation Easements relative to the wetlands and transition areas on the Subject Property.  Said Conservation Easements shall be subject to the review and approval of the Board Engineer and Board Attorney.
9. Sussex County Planning Board approval, if necessary.
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, Slate, Bono, Kanapinski, Mylecraine, Grau.
THOSE OPPOSED:  None.  Motion carried.

L-30-2006 Quinland LLC

Mr. Bono made a motion seconded by Mr. DeBoer to adopt the resolution memorializing the Board’s decision of November 28, 2006 to approve the application of Quinland, LLC for Block 121, Lot 4.02 and Block 121, Lot 15.44  as shown on the Tax Map of the Township of Wantage located at Haggerty Road and Morgan Drive, in the Residential Environs Zone, requesting minor subdivision approval and checklist waivers 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. The development of this parcel shall be implemented in accordance with the plans prepared by  Eric R. Smart, P.L.S., dated October 30, 2006 and consisting of one (1) sheet and/or as same has been modified pursuant to the hearing in this matter in consultation with the Board Engineer.
   
3. This approval is subject to the Applicant satisfying all terms and conditions of the Board Engineer's report dated November 13, 2006 and/or same has been modified 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:  Smith, Space, Slate, Bono, Cecchini, Kanapinski, Mylecraine, Grau.
THOSE OPPOSED:  None.  Motion carried.

Ms. Mylecraine suggested changing the wording in some of the paragraphs.  It was decided that the attorney would review and make the necessary changes.

Mr. Slate made a motion seconded by Mr. Bono to adopt the resolution memorializing the Board’s decision of September 26, 2006 to deny the application of CJS Investments, Inc. for Block 2, Lot 20.01 as shown on the Tax Map of the Township of Wantage, located on Lower Unionville Road in the ML Zone, requesting preliminary major site plan.

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

GENERAL ISSUES

Chairman Smith questioned about the general ordinance which dealt with the entire piece of property, more concerned about the individual envelope having the 20,000 sq.ft.  Ms. Kanapinski stated that the individual envelope size was included in the ordinance.

Mr. Troast informed the Board that he is working on the Planned Community Development ordinance.

Ms. Kanapinski had a question about an applicant who called her today and whose approval expired 1 year. ago.  The applicant wanted to know about the procedure to bring the application up to date.  Mr. Brigliadoro explained that the applicant can get two extensions of 1 year at a time.  The applicant will have to come in for a 1 year extension and then return for another 1 year. extension.

ADJOURNMENT

On a motion duly made seconded and carried, the meeting was adjourned at 10:20 p.m.

Respectfully submitted,
Stella Salazar
Assistant Secretary