October 24, 2006

A regularly scheduled meeting of the Wantage Township Land Use Board was held on Tuesday, October 24, 2006 at the Wantage Township Municipal Building. The meeting was held 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. Kanapinski, Gill, Mylecraine, Attorney Glenn Kienz, Engineer Harold Pellow.

APPLICATIONS

L-22-2006 SPACE/OSTROWSKI
Application to subdivide two lots from a 76.22 acre tract. The property is located on Lewisburg Road and is known as Blk, 17, Lot 4.01 in the RE zone.
Mr. Parker Space recused himself from sitting in on this application.
Attorney John V. McDermott, Jr. and Engineer Kenneth D. Dykstra appeared before the Board. Mr. Dykstra made a brief presentation of the application. He explained that a variance for a common driveway is being requested. The two homes would be accessed by a common driveway of about 250 ft. and then the driveways will split. The variance relief relates to contiguous, non-constrained land. Due to the topography Lot 4.05 has 10,845 sq.ft., Lot 4.04 has 17,813 sq.ft. of the 20,000 sq.ft. required. Each lot is 10+ acres.
Mr. Pellow’s report was reviewed and discussed. The applicant stated that their application to the DEP for wetlands delineation is currently being reviewed. Mr. Pellow stated that a driveway cross easement and conservation easement will be needed. Soil logs will need to be conducted in the area of the proposed basin to ensure that the area is suitable for infiltration. Mr. Pellow stated that his office must be present to witness same. The lots will have to conform to COAH regulations and a $4,200 Road Trust Fund for the two lots, $2,100/lot, needs to be established.
There was no one from the public present on this application. The meeting was opened to the Board. Ms. Mylecraine asked about existing buildings on the remainder lot. Mr. Smith and Mr. Kienz asked about the size of the lot and room for a new septic if necessary. Mr. Dykstra explained there would be sufficient room. He explained that if the septic system failed at one of these two sites, either repairing in the existing location or installing one in a different location would be possible. Mr. Cecchini mentioned making the driveway 20 ft. wide. Ms. Mylecraine proposed no further subdivision on the remainder. Mr. McDermott explained that the owners would not be agreeable to that.
Variance approvals for the driveway access and for the area under the 20,000 sq.ft. are required.
Mr. Cecchini made a motion seconded by Mr. Bono to grant approval to the above application with the above variances requested, subject to the conditions on Mr. Pellow’s report.
ROLL CALL VOTE:
THOSE IN FAVOR: Smith, Slate, DeBoer, Bono, Hough, Cecchini, Kanapinski, Mylecraine, Grau.
THOSE OPPOSED: None. Motion carried.

L-24-2006 THE A & P
Application for minor site approval to add an area for display of goods in front of the exterior façade and part of the interior and add two shopping cart corrals. The applicant states that the footprint of the building is not proposed to change. The property is known as Blk. 20, Lot 3 and is located on Route 23.
Mr. Cecchini stepped down on this application.
Attorney Gail Price of Price, Meese, Shulman & D’Arminio, P.C. and Architect Jay E. Tuller appeared before the Board. The architect made a brief presentation of the application. No variances are being required. Exemption for the county of Sussex was received by the applicant.
It was discussed that the applicant originally got approval for 413 parking spaces. Under the new plan, the applicant will eliminate 2 parking spaces
The Board discussed a condition that if additional building were planned, the applicant will have to seek land use Board relief. The applicant has agreed to remove the 5,000 sq. ft. building from the original plan. Mr. Bono expressed concern about the area in front of store being to narrow for residents in wheel chairs or residents with strollers. The applicant will review. Mr. Hough asked if the quarter system could be used for the shopping carts. Ms. Price stated that the issue would be reviewed with the corporate officers of the project.
There was no one from the public present on this application. The meeting was opened to the Board: Mr. Smith asked if two shopping cart corrals would be enough to accomplish their needs.
Exhibit Nick-1, picture of the parking lot taken by Nick Frashe 06-16-06, was entered.
Striping the area in the front of the store to mark where the display will go was discussed. According to Mr. Tuller the area would be about 5 ft.
It was agreed to: Two new corrals, new site plan with the delineated areas with the dimensions discussed tonight. New site plan will eliminate the 5,000 sq.ft. bldg., consideration of the quarter system, striping the exterior, letter to Harold about the site improvements, painted pedestrian walk area or signage which will not infringe upon emergency vehicles.
Mr. Bono made a motion seconded by Mr. Slate to approve this application subject to the conditions above and the conditions on Mr. Pellow’s report.
ROLL CALL VOTE:
THOSE IN FAVOR: Smith, Space, Slate, DeBoer, Bono, Hough, Kanapinski, Mylecraine, Grau.
THOSE OPPOSED: None. Motion carried.

L-26-2006 ERWIN & RENATE GRATZL
Application to remove the condition that permitted a two-family residence for seniors in the R1 zone. The property is located on Rt. 284 and is known as Blk. 22, Lot 8.04 in the RE zone.
Attorney Michael DeBlis and Mr. Erwin Gratzl appeared before the Board. Mr. DeBlis and the applicant stated that Mr. Gratzl has been trying to sell his house. However, the senior restriction is driving potential buyers away.
Neil Fader from the public stated that when the other homes were approved for senior housing, their property taxes were reduced. The applicant stated that his taxes were not reduced.
The Board suggested that the house can be single family mother/daughter owner occupied, no age restriction. If a senior moves in, he/she is asked to register with the Township for COAH credits.
Mr. Cecchini made a motion seconded by Mr. Grau to approve the applicant’s request with the conditions outlined above.
ROLL CALL VOTE:
THOSE IN FAVOR: Smith, Space, Slate, DeBoer, Cecchini, Grau.
THOSE OPPOSED: Kanapinski. Motion carried.

L-27-2006 CARL & SHERYL BAYER
Application to construct an additional story on their existing 1_ story house. The zoning ordinance requires that no building shall exceed two stories or 35 ft. in height and this will be 2_ stories. The property is located at 33 Central School Road and is known as Blk. 39, Lot 8.03.
Mr. Space and Mr. DeBoer stepped down.
The applicants appeared before the Board. They explained that an additional 1,000 sq.ft. would be added by increasing the bedroom sizes. They stated that the change in appearance of the home would not disagree with the character of the neighborhood. A series of 4 pictures of neighboring homes, labeled Exhibit A1, was entered. The pictures were taken by Mrs. Bayer.
Mr. Pellow’s report was review and discussed.
There was no one from the public on this application. The meeting was opened to the Board. Mr. Smith suggested the applicant do an “as built” plan before obtaining a CO.
Mr. Grau made a motion seconded by Mr. Bono to approve this application subject to the applicant having an “as built” plan prepared before CO and to waive the receipt of resolution prior to obtaining a building permit.
ROLL CALL VOTE:
THOSE IN FAVOR: Smith, Slate, Bono, Hough, Cecchini, Kanapinski, Grau.
THOSE OPPOSED: None. Motion carried.

L-28-2006 JOE RETZ (JARET BUILDERS)
The applicant is seeking final major subdivision approval or an extension of the preliminary major subdivision approval granted in 2003. The property is located on Libertyville Road and is known as Blk. 132, Lot 3.20.
Attorney Keith Hyche and Mr. Joe Retz appeared before the Board.
Mr. Cecchini recused himself from sitting in on this application.
Maintenance of the basins was discussed. Mr. Retz stated that he assumed that the homeowners would maintain the basins.
There was no one from the public present on this application.
The application for the final major subdivision was deemed incomplete. Mr. Hough made a motion seconded by Mr. Grau to grant a one year extension on the preliminary major subdivision.
ROLL CALL VOTE:
THOSE IN FAVOR: Smith, Space, Slate, DeBoer, Bono, Hough, Kanapinski, Grau, Mylecraine.
THOSE OPPOSED: None. Motion carried.
RESOLUTIONS

L-12-2006 TOWN CENTER AT WANTAGE
Mr. Grau 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 Town Center at Wantage for Block 4, Lot 1.07, as shown on the Tax Map of the Township of Wantage located on Route 23 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 issue 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.
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. 1 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.

MASTER PLAN AMENDMENT
It was decided that this resolution would be adopted at the Nov. 21st meeting.

GENERAL
It was announced that the Wantage Veterinary Hospital received the award from the Sussex County Planning Department for the best rehab in the county.

ADJOURNMENT
On a motion duly made seconded and carried, the meeting was adjourned at 9:45 p.m.

Respectfully submitted,
Stella Salazar
Assistant Secretary