October 17, 2006

A regularly scheduled meeting of the Wantage Township Land Use Board was held on Tuesday, October 17, 2006 at the Wantage Township Town Hall. 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, Slate, DeBoer, Bono, Hough, Cecchini, Cillaroto, Grau. Mmes. Kanapinski, Mylecraine, Gill. Attorney Bryant Gonzalez, Engineer Harold Pellow.
ABSENT: Mr. Space.

APPLICATIONS

L-24-2005 ESTATE OF ALBERTA CATON
Property known as Blk. 135, Lot 11 located on Hickory Road

L-25-2005 ESTATE OF ALBERTA CATON
Property known as Blk. 153, Lot 9.01 located on Hickory Road
Applicants seek an extension to file deeds. Kathy Denheyer, Executrix, and Phyllis Harm, Co-Executrix of the Estate appeared before the Board. Mr. Hough made a motion seconded by Mr. Slate to grant a 190-day extension from the time the original approval expired.
ROLL CALL VOTE:
THOSE IN FAVOR: Smith, Slate, DeBoer, Bono, Hough, Cecchini, Kanapinski, Mylecraine.
THOSE OPPOSED: None. Motion carried.

L-22-2006 SPACE/OSTROWSKI
The applicant is proposing to subdivide two lots from a 76.22 acre tract. The property is located in Lewisburg Road and is known as Blk. 17, Lot 4.01 in the RE zone.
At the applicant’s request, Mr. Hough made a motion seconded by Mr. Cecchini to carry this application to the October 24, 2006 meeting. All in favor. Motion carried.

L-21-2006 LEE COENEN – NTLC, LLC
Applicant is seeking minor site plan approval to change the use of the existing building on the site. No exterior renovations are planned. The property is known as Blk. 117, Lot 31 and is located on Rt. 565 in the HC zone. Notice had not been made for the public hearing last month.
Attorney Jennifer Kovach and the applicant appeared before the Board. Ms. Kovach explained that the applicant is seeking approval for a change of use from a pet shop to a tavern.
The comments on Mr. Pellow’s report were reviewed. It was discussed that the hours of operation will be 11 a.m. to 2 a.m. with expanded hours during hunting season and special events. A waiver of resolution prior to issuance of a building permit was approved.
Mr. Grau made a motion seconded by Mr. Bono to approve this application.
ROLL CALL VOTE:
THOSE IN FAVOR: Slate, DeBoer, Bono, Hough, Cillaroto, Gill, Mylecraine, Grau.
THOSE OPPOSED: None. Motion carried.

L-11-2005 CHRISTIE DEVELOPMENT, LLC
The application is a remand from the court. It was determined that the notice provided for the last hearing was deficient. The property is located on Blair Road and is known as Blk. 10, Lot 2.01 in the RE zone. Three lots are being proposed. The applicant is requesting a use variance because the property is located on two different zones.

Jerry Finegan, primary member of Christie Development, Attorney Robert B. Campbell and Engineer Joseph Golden. The attorney asked that the prior reports and minutes be considered today. The Board explained that members do not have the minutes with them and that to be on the safe side it would be better to review those reports.

Mr. Campbell stated and confirmed for the record that there had not been any new reports issued by Mr. Pellow and that there had not been any zoning changes since this application was originally approved.

Mr. Golden made a brief presentation of the application. For the record, Mr. Golden used Sheet 4 of the existing plan dated 03/23/05 last revised 10/10/05 marked up in red and green to designate the separation of the property lines. The property is zoned both R-1 and HC.

The engineering part of the hearing was opened to the public. Karen Ermel representing Harold and Christina Clark had questions regarding the stormwater feature and landscaping. The applicant requested a waiver for site triangle easements that will be required once the road is realigned and a waiver for the house that will be built outside the 20,000 sq. ft. required unconstrained area.

The meeting was opened to the public for general questions. No one had any questions. The meeting was opened to the Board. Mr. Smith suggested changing the commercial zoning to residential for this piece of property since it will never be used as commercial.

Mr. Grau made a motion seconded by Mr. Slate to approve this application subject to the testimony given and the conditions and Mr. Pellow’s reports.

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

L-25-2006 MELISSA AND JERRY WILDRICK
Application for a variance to construct a six ft. fence in the side yard in front of the building line. The property is located at 45 Pidgeon Hill Road and is known as Blk. 117, Lot 9.01.

Both applicants appeared before the Board. They explained that the fence is needed to provide privacy and to keep the peace with the neighbors.

The proposed fence is a 6 ft. stockade pine fence. An “as built” survey was requested.

The Board suggested to the applicant that they hire a professional to mark the property line prior to installing the fence to ensure that the fence is installed on their property not the neighbor’s. Keeping the fence 18” inside the property line was suggested to allow room for maintenance if needed.

Mr. Cecchini made a motion seconded by Mr. Bono to approve this application subject to the conditions on Mr. Pellow’s report. Waiver of receipt of resolution prior to issuance of a building permit was approved.

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

RESOLUTIONS

L-6-2006 ABD WANTAGE, INC.
It was discussed making a change on Page 1 from Route 540 to Route 650.

Mr. Hough made a motion seconded by Mr. Cecchini to adopt the resolution, as amended, memorializing the Board’s decision of August 15, 2006 to approve the application of ABD Wantage, Inc. for Block 54, Lots 8.01, 10, 10.08 and 14, as shown on the Tax Map of the Township of Wantage requesting preliminary major subdivision approval with variance relief 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 plans submitted and approved.
2. This approval is subject to the Applicant complying with all terms and conditions of the Board Engineer’s reports dated March 17, 2006, May 22, 2006, May 23, 2006 and August 4, 2006 and/or as same has been modified at the time of the hearing
3. This approval is subject to the Applicant installing drainage improvements at the intersection of Smith Road and Sherman Ridge Road.
4. This approval is subject to the Applicant submitting driveway applications at the time of building permit for driveways to be installed on the Subject Property.
5. This approval is subject to the Applicant having the access driveways determined in the field at the time of the submission of driveway applications.
6. This approval is subject to the detention basins being maintained by the municipality and not the homeowner’s association. Applicant shall provide an estimate of the maintenance fee for the two proposed detention basins for a twenty year period.
7. This approval is subject to the Applicant providing copies of the wetlands permits obtained with respect to the driveways to be installed on Lots 14.02 and 14.03.
8. This approval is subject to the Applicant constructing two affordable units on the Subject Property and contributing $71,000 for the construction of four affordable housing units.
9. This approval is subject to the Applicant constructing the affordable housing units with architectural characteristics similar to other houses in the area.
10. This approval is subject to the Applicant performing test pits at the stations indicated in the Board Engineer’s report with same to be reviewed and approved by the Board Engineer.
11. The Applicant shall enter into a Developer’s Agreement with the Township of Wantage.
12. The Applicant shall undertake a preconstruction meeting with the Township Engineer prior to any construction on the Subject Property.
13. This approval is subject to the Applicant revising the plans submitted to show all necessary easements on the plans. In particular the applicant shall provide slope easement information along County Route 560.
14. This approval is subject to the Applicant providing well testing information to the Board Engineer for his review.
15. 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.
16. 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.
17. Certificate that taxes are paid to date of approval.
18. Sussex County Planning Board approval.
19. 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, Hough, Cecchini, Mylecraine.
THOSE OPPOSED: None. Motion carried.

L-11-2006 MOUNTAIN VIEW MANOR AT WANTAGE
Mr. Hough made a motion seconded by Mr. Cecchini to adopt the resolution memorializing the Board’s decision of August 15, 2006 to approve the application of Mountain View Manor at Wantage for Block 4, Lot 1.01, as shown on the Tax Map of the Township of Wantage located on Route 23 South, in the Industrial Zone, requesting amended preliminary approval with final major subdivision and final major site plan approval pursuant to N.J.S.A. 40:55D-46, N.J.S.A. 40:55D-48 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.
2. This approval is subject to the Applicant complying with all terms and conditions of the Board Engineer’s March 31, 2006 review report, the Board Engineer’s August 7, 2006 review report relative to Mountain View Manor at Wantage (as it affects the Subject Property), the Board Engineer’s August 10, 2006 review report with respect to the Subject Property and/or as the terms and conditions of said review reports may have been modified at the time of the hearing of this matter and/or as reflected in this Resolution.
3. This approval is subject to the Applicant’s submission of design drawings.
4. This approval is subject to the Applicant’s submission of a permit application to the NJDOT for a left turn lane from New Jersey State Highway Route 23 into the proposed development by no later than September 15, 2006. No certificate of occupancy shall be issued until a permit for a left turn lane is issued by NJDOT.
5. This approval is subject to the Applicant’s undertaking a pre-construction meeting with the Township Engineer prior to any work being commenced at the Subject Property.
6. This approval is subject to the Applicant’s submission of landscaping plans prepared by a state-licensed Landscape Architect for the Board Engineer’s review and approval.
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. Wantage Township Soil Erosion and Sediment Control approval.
12. NJDOT approval.
13. NJDEP approval.
14. Sussex County Health Department approval.
15. 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, Hough, Cecchini, Kanapinski, Grau.
THOSE OPPOSED: None. Motion carried.

L-20-2003 JAMES WYNN
Mr. Hough made a motion seconded by Mr. Cecchini to adopt the resolution memorializing the Board’s decision of September 19, 2006 to approve the application of James M. Wynn for Block 17, Lot 14 as shown on the Tax Map of the Township of Wantage, located on County Route 565 in the Neighborhood Commercial Zone, for an extension of preliminary site plan approval for one (1) year commencing October 28, 2006 until October 28, 2007 in order to construct storage bay facilities pursuant to the Municipal Land Use Law pursuant to N.J.S.A. 40:55D-49(c), 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 preliminary site plan approval with variance relief granted by this Board by Resolution decided on August 12, 2003 and memorialized on October 28, 2003.

ROLL CALL VOTE:
THOSE IN FAVOR: Slate, DeBoer, Bono, Hough, Cillaroto, Gill, Mylecraine, Grau.
THOSE OPPOSED: None. Motion carried.

L-16-2005 DONALD PFISTER
Mr. Hough made a motion seconded by Mr. Cecchini to adopt the resolution memorializing the Board’s decision of September 19, 2006 to approve the application of Donald and Karen Pfister for Block 12.01, Lot 29, Block 12.02, Lots 2, 3 and 4 and Block 12.03, Lot 6 as shown on the Tax Map of the Township of Wantage, located on Beaver Run Road in the R-5 (Residential Environs) Zone, requesting an extension of minor subdivision approval under the Municipal Land Use Law pursuant to N.J.S.A. 40:55D-47 for one (1) year from September 19, 2006 until September 19, 2007, subject to the following terms and conditions:

1. This approval is granted strictly in accordance with the Applicants satisfying all terms and conditions of the minor subdivision approval granted by this Board by Resolution decided on September 20, 2005 and memorialized on September 20, 2005.

ROLL CALL VOTE:
THOSE IN FAVOR: Slate, DeBoer, Bono, Hough, Cillaroto, Gill, Mylecraine, Grau.
THOSE OPPOSED: None. Motion carried.

L-20-2006 JAMES AND JOANNE DONELLI
Mr. Hough made a motion seconded by Mr. Cecchini to adopt the resolution memorializing the Board’s decision of September 19, 2006 to approve the application of James and Joanne Donelli for Block 112, Lot 20, as shown on the Tax Map of the Township of Wantage located 56 Fernwood Road in the R-2 Zone, requesting bulk variance approval under the Municipal Land Use Law pursuant to 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. This approval is subject to the Applicants satisfying all terms and conditions of the Board Engineer's report dated July 14, 2006 and/or as same has been modified at the time of the hearing.
3. The Applicants shall provide the Board Engineer with a zoning chart that details the existing and proposed setbacks, lot area, location of septic system, square footage of the lot and square footage of the home on the Subject Property.
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: Slate, DeBoer, Bono, Hough, Cillaroto, Gill, Mylecraine, Grau.
THOSE OPPOSED: None. Motion carried.

L-23-2006 VERIZONWIRELESS
Mr. Hough made a motion seconded by Mr. Cecchini to adopt the resolution memorializing the Board’s decision of September 19, 2006 to approve the application of Cellco Partnership d/b/a Verizon Wireless for Block 160, Lot 3 as shown on the Tax Map of the Township of Wantage, located along County Route 519 in the R-1 Zone, requesting the elimination of a condition of the prior approval as follows:

1. Condition No. 3 of the Resolution granted by this Board with respect to the Subject Property decided on September 23, 2003 and memorialized on November 18, 2003 is hereby eliminated.
2. This approval is granted strictly in accordance with the Applicant satisfying all terms and conditions of the prior approval in this matter decided by Resolution of this Board on September 23, 2003 and memorialized on November 18, 2003 except as same has been modified by this Resolution.

ROLL CALL VOTE:
THOSE IN FAVOR: Slate, Bono, Cillaroto, Gill, Grau.
ABSTAIN: DeBoer, Hough.
THOSE OPPOSED: None. Motion carried.

GENERAL COMMENTS:
A stop work order on Bishak was issued. The requirements within the original approval will be put together. The Township attorney will draft agreement. The conditions will be 30 days to operate and then inspection by Mr. Pellow. They will then get another 30 days to operate with each inspection.

A workshop on TDRs will be held if anyone is interested in attending. The cost will be $35.00- Association of N.J. Environmental Commission.

Victoria Gill commented on the open space tax. She stated that there was no negative feedback

CONCEPT MEETINGS
A meeting was scheduled for Nov. 2, 2006 at 8:00 a.m. at Mr. Pellow’s office.

ADJOURNMENT
On a motion duly made seconded and carried, the meeting was adjourned at 9:15 p.m.

Respectfully submitted,
Stella Salazar
Assistant Secretary