JUNE 27, 2006

A regularly scheduled meeting of the Wantage Township Land Use Board was held on Tuesday, June 27, 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. The meeting was properly noticed and posted to the public.

ROLL CALL
PRESENT: Mssrs. Smith, Space, Slate, DeBoer, Bono, Hough, Cecchini, Cillaroto, Grau. Mmes. Gill, Mylecraine, Kanapinski, Engineer Harold Pellow and Attorney Rich Brigliadoro.
EXCUSED: Mr. Corrigan
ABSENT: None.
Mr. Grau arrived at 7:50 p.m.

Chairman Smith informed the public that there had been some changes on the agenda. Some applicants would not be present and new applicants would be coming before the Board.

APPLICATIONS

L-18-2005 PLAGAR REALTY LLC
Application to subdivide 48.354 acres into eleven lots under the environmental constraints option. The property is known as Blk. 156, Lot 21.01 and is located on Libertyville Road (Cty Rt. 650) in the RE zone.

Last Monday’s site walk was interrupted by a lightning storm. It was rescheduled to Monday June 26th. However, due to rain and changes in the condition of the fields the walk did not take place. The walk was then rescheduled to Thursday July 6th at 4:30 p.m. and the hearing was carried to the July 25th meeting, without prejudice.

Mr. Slate made a motion seconded by Mr. DeBoer to reschedule the above meetings.
ROLL CALL VOTE:
THOSE IN FAVOR: Smith, Space, Slate, DeBoer, Bono, Hough, Cecchini, Kanapinski, Mylecraine.
THOSE OPPOSED: None. Motion carried.

L-6-2006 ABD WANTAGE
Application for 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.
The applicant has requested adjournment to July 25, 2006.
Mr. Cecchini made a motion seconded by Mr. Bono to carry this application to the July 25th meeting.
ROLL CALL VOTE:
THOSE IN FAVOR: Smith, Space, Slate, DeBoer, Bono, Hough, Cecchini, Kanapinski, Mylecraine.
THOSE OPPOSED: None. Motion carried.

COUNTY OF SUSSEX
Plan for the Wantage branch of the library located on Blk. 18, Lot 7 on County Route 639.
Mr. Cecchini stepped down.
Attorney Robert Campbell, Stanley Pellakoff, Library Administrator, and John Risko, Engineer, made a brief presentation of the plan for amphitheater enhancements.
The plan would include a pergola with a stage for children’s programs, reading, light music. It is expected that the amphitheater would accommodate roughly 100 people. All activities will relate to library business and during library hours. Also some Sundays may be included. It was discussed that there are enough parking spaces in front of the building for 100 people.
Chairman Smith mentioned that there is a senior zoned property across from the library.
The meeting was opened to the public. Mr. Cecchini believes that this project would enhance the traffic into the center.
The meeting was closed to the public and opened to the Board. The Board feels that as long as the project remains under the control of the library it is a good idea.
Mr.Bono made a motion seconded by Mr. DeBoer to approve the above plan.
ROLL CALL VOTE:
THOSE IN FAVOR: Smith, Space, Slate, DeBoer, Bono, Hough, Kanapinski, Gill, Mylecraine.
THOSE OPPOSED: None. Motion carried.

L-16-2006 MAIN LAND SUSSEX
Application for a waiver of site plan approval so as to reconfigure some interior space for leasing. The property is located on Route 23 and is known as Blk. 7, Lot 12 in the HC zone.
Mr. Ed Mainardi, Attorney and one of the principals, appeared before the Board.
Mr. Mainardi made a brief presentation of the application. He stated that there will be no changes outside of the building. There will be a 4 x 5 window and the sign will be 15 sq. ft.
(3 x 5).
There was no one from the public present on this application.
The meeting was opened to the Board. Ms. Gill asked if the Fun Zone was to remain. Mr. Mainardi explained that the Fun Zone is expanding into that space.
Mr. DeBoer made a motion seconded by Mr. Slate as per Mr. Pellow’s report to waive the site plan.
ROLL CALL VOTE:
THOSE IN FAVOR: Smith, Space, Slate, DeBoer, Bono, Hough, Cecchini, Kanapinski, Grau.
THOSE OPPOSED: None. Motion carried.

L-29-2005 GREG WRIGHT
The applicant has requested a 90-day extension to record the subdivision deeds for a minor subdivision memorialized December 20, 2005.
Mr. Cecchini made a motion seconded by Mr. Bono to grant the extension.
ROLL CALL VOTE:
THOSE IN FAVOR: Smith, Space, Slate, DeBoer, Bono, Hough, Cecchini, Kanapinski, Grau.
THOSE OPPOSED: None. Motion carried.
INFORMAL
Attorney Michael DeBliss and Mr. Erwin Gratzl appeared before the Board to seek recommendation about the feasibility of removing a condition from a resolution.
Mr. Gratzl purchased a property in August of 2001. The property is known as Blk. 8.04, Lot 22 and is located at 228 Route 284. The property has an age-restriction as per municipal resolution of August 1983. The applicant wishes to have that restriction removed.
Chairman Smith stated to the Board that when the Board commits to a resolution, that is a commitment to the public so if a change is to take place then it must be re-advertised to the public.
The Attorney for the Board stated that the resolution of 1983 approved a condition, age restricted housing, in order for the applicant to be allowed to build a two-family residence. He stated that this resolution is contained in the municipal records.
The Attorney for the Board recommended that the applicant file an application with the Land Use Board.

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.

Mr. DeBoer and Mr. Space stepped down.

Attorney Keith Hyche, Engineer and Planner Art Senor, and Christopher Fisher, the applicant’s son, appeared before the Board on this application.

The professionals made a brief presentation of the application for a use variance. They stated that there will be a maximum of 15 trucks per day, an average of 12 trucks per day, typically 6 or 8 trucks per day for approximately 1 year. The property is tucked down approximately 60 ft. below a crest, because of wind direction there will be no significant dust impact, no noise problem, and the total soil to be removed will be less than 10,000 cu. yds.

Mr. Pellow’s report dated June 26, 2006 was reviewed and discussed.

The following exhibits were entered:
Exhibit A1, four black & white photos of the site showing top soil piles taken about May or June of 2006 and Exhibit A2, 2002 aerial photograph of the site.

It was discussed that the work was started by Mr. Fisher because he was under the impression that being a farm, he was allowed to remove under 10,000 cu. yds. of soil without having to appear before the Board.

It was discussed that the road should be watered down if the conditions are dry. The hours of operation will be 7 a.m. to 5 p.m., no Sunday operations.

A site walk was recommended.

The meeting was opened to the public.

Max Siegel of 182 Pond School Road questioned the intent of the applicant. The applicant mentioned that Fisher’s house is the closest to the field. Mr. Siegel disagreed; he said that 182 and 185 Pond School Road are closer to the field. He read a letter that he submitted to the Board, expressing his concerns, DEP, traffic, road, and safety issues. The letter was entered for the record as Exhibit OS#1. He stated that the photo submitted with the application is at least 4 years old and there is a new photo dated June 2004.

Lester Sutton of 163 Pond School Road owns a house on Fisher Lane. There is a storm drain under the road in front of his home, deeded R.O.W. on Fisher’s property. He is concerned about the truck traffic on that road; he has had more water since there was construction above his home. Mr. Fisher told him he was going to take care of the problem and he was going to build a road behind his home.

Violet Steliga of 185 Pond School Road confirmed what Mr. Siegel said. She stated that there was a prior confrontation regarding the use of an adjoining road. From prior experience she said that they had lots of dust. She wondered who would control how much soil is taken away. She is concerned with who will handle the complaints.

Jim Dente of 157 Pond School Road stated he had a credibility issue. He said the Board seems to want to ignore the issue with the prior contractor, who did the job without a permit and he is now being used by the applicant again. Safety issues, added traffic, and noisy trucks were also discussed. Mr. Dente’s letter to the Board was entered as Exhibit OD#2.

Joseph Drossel of 190 Pond School Road, stated that he is 4/10 of a mile from Beaver Run Farms where there is a gravel operation. He is concerned with noise issues and dirt. Since the road is not very wide and a lot of residents walk and he has four children, he is concerned with safety issues. Also, who will control how much soil will be taken away.

Ann Smulewicz of 108 Route 23 wanted to remind the Board that oversight of soil mining is atrocious. She stated that nobody monitors after the permit is given.

Sandra Babcock of 58 Pond School Road expressed concern about the trucks. She stated that the road is a cut through to Route 15. People walk around the neighborhood, she has a five-year old. She stated that Beaver Run and Heavens plus the buses from Heavens school buses leave from there. This will be the third soil removal operation on this road.

The meeting was closed to the public and opened to the Board. Mr. Hough asked how much would the field be lowered after the excavation. Mr. Grau stated that Mr. Siegel’s house was there way back then and that soil mining operation is not permitted in the R5 zone. He asked if the abandoned road was being used. He referred to the letter from The New Jersey Natural Lands Trust.

A site walk was scheduled for Monday, July 10, 2006. The application was carried to the August 15, 2006 meeting. No further notice is required.

APPROVAL OF MINUTES
Mr. Hough made a motion seconded by Mr. Grau to approve the minutes of April 25, May 16 and May 23, 2006.
On a motion duly made seconded and carried, the minutes mentioned above were adopted by the Board.

GENERAL
Mr. Smith stated that the Board received a copy of a letter from Tom Davis to Mayor Jeff Parrott regarding the Lower Unionville Road project. The Board does not need to reply since it is addressed to the Mayor.

It was discussed that the following applications were scheduled to be heard on July 25th. Lower Unionville, ABD, and Plagar.

Ann Smulewicz discussed Mt. Laurel. Chairman Smith stated that the Board has approved applications which protect us from Builder’s Remedy. Ms. Smulewicz stated that the hold up probably had to do with “timely”. Chairman Smith explained that the applications were filed on time and that the Board cannot act on fake ordinance.

ADJOURNMENT
On a motion duly made seconded and carried, the meeting was adjourned at 10:09 p.m.

Respectfully submitted,
Stella Salazar
Assistant Secretary