April 24, 2007

A regularly scheduled meeting of the Wantage Township Land Use Board was held on Tuesday, April 24, 2007 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. Cecchini, Hough, Space, DeBoer, Slate, Smith and Cillaroto, Mmes. Mylecraine and Gill, Attorney Glenn Kienz, Engineer Harold Pellow, Construction Official Edward Vander Berg, Zoning Official Kevin Kervatt and Building Official Nick Frasche.
ABSENT: Mssrs. Bono and Grau, Mme. Kanapinski.

Mr. Space left at 8:30 p.m.

Chairman Smith asked everyone to please observe a moment of silence for Mr. Steve Coleman, former Land Use Board member who passed away recently.

APPROVAL OF MINUTES

Mr. Cecchini made a motion seconded by Mr. Slate to approve the minutes of March 20, 2007, with corrections.

ROLL CALL VOTE:
THOSE IN FAVOR: Cecchini, DeBoer, Slate, Mylecraine, Gill, Smith.
THOSE OPPOSED: None. MOTION CARRIED.

Mr. Cecchini made a motion seconded by Mr. Slate to approve the minutes of March 27, 2007.

ROLL CALL VOTE:
THOSE IN FAVOR: Cecchini, Space, DeBoer, Slate, Gill, Smith.
THOSE OPPOSED: None. MOTION CARRIED.

RESOLUTIONS

L-14-2002 ERIC AND MARI SCHETTING

Mr. Cecchini made a motion seconded by Mr. DeBoer to adopt the resolution memorializing the Board’s decision of March 20, 2007 to approve the application of Eric and Mari Schetting for Block 13, Lot 1.01, as shown on the Tax Map of the Township of Wantage located at the intersection of Clark Road and Cemetery Road in the Industrial (I) Zone, requesting two separate extensions of preliminary site plan approval under the Municipal Land Use Law pursuant to N.J.S.A. 40:55D-49(c), subject to the following terms and conditions:
This approval is granted strictly in accordance with the Applicants satisfying all terms and conditions of the preliminary site plan approval granted by this Board on July 30, 20002 and memorialized on August 27, 2002.

ROLL CALL VOTE:
THOSE IN FAVOR: Cecchini, DeBoer, Slate, Mylecraine, Cillaroto, Smith.
THOSE OPPOSED: None. MOTION CARRIED.

L-53-2002 GLENN ERIK KELLY

Mr. Slate made a motion seconded by Mr. Cecchini to adopt the resolution memorializing the Board’s decision of March 20, 2007 to approve the application of Glenn Erik Kelly for Block 136, Lot 4.05, as shown on the Tax Map of the Township of Wantage located along New Jersey State Highway Route 23, in the Highway Commercial (HC) Zone, requesting an extension of its preliminary site plan approval under the Municipal Land Use Law pursuant to N.J.S.A. 40:55D-49(c), subject to the following terms and conditions:
This approval is granted strictly in accordance with the Applicant satisfying all terms and conditions of the preliminary site plan approval granted by this Board on February 25, 2003 and memorialized on March 25, 2003.

ROLL CALL VOTE:
THOSE IN FAVOR: Cecchini, DeBoer, Slate, Mylecraine, Cillaroto, Smith.
THOSE OPPOSED: None. MOTION CARRIED.

L-2-2007 BROADWAY EQUITIES, INC.

Mr. Cecchini made a motion seconded by Mr. Slate to adopt the resolution memorializing the Board’s decision of March 27, 2007 to approve the application of Broadway Equities, Inc., for Block 16, Lot 5, as shown on the Tax Map of the Township of Wantage located at County Route 565 and Roy Road, in the Residential Environs Zoning District and Highway Commercial Zoning District requesting 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 strictly granted in accordance with the plans prepared by Kenneth D. Dykstra, P.E., P.L.S. dated December 27, 2006 and consisting of four (4) sheets as well as any further revisions made in consultation with the Board Engineer and in furtherance of this Resolution.
   
3. This approval is subject to the Applicant complying with all terms and conditions of the Board Engineer’s reports, dated February 13, 2007 with revision date of March 14, 2007 and/or as same may have been modified at the time of the hearing.
   
4. This approval is subject to the Applicant obtaining an easement from the owner of Block 17, Lot 38 for continued use of the well located on said lot by the owner of proposed remainder Lot 5.
   
5. This approval is subject to the Applicant providing the Board Engineer with a copy of a letter from the Sussex County Health Department relative to the acceptability of the soil logs taken by the Applicant.
   
6. This approval is subject to the Applicant filing a copy of this Resolution with each of the Deeds utilized to create the lots approved by this Resolution. This condition is being imposed as the Applicant has not yet provided a Letter of Interpretation issued the NJDEP for the determination of buffer widths relative to the wetlands that exist on the Subject Property.
   
7. This approval is subject to the Applicant providing conservation easements to run with the land at the buffer width limit.
   
8. This approval is subject to the Applicant dedicating all necessary portions for the purpose of the road widening of Roy Road.
   
9. This approval is subject to the Applicant providing the County of Sussex with all necessary sight easements.
   
10. This approval is subject to the Applicant providing the Board Engineer and Board Attorney with a copy of all proposed Deeds and Easements for review and approval.
    
11. 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 have land use jurisdiction over the application and supply a copy of any approvals received.
    
12. Where applicable, the Applicant shall comply with the requirements of the affordable housing ordinance adopted by the Township of Wantage and/or as same is amended from time to time.
    
13. 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.
    
14. Certificate that taxes are paid to date of approval.
    
15. Sussex County Planning Board approval, if necessary.
    
16. 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: Cecchini, Space, DeBoer, Slate, Gill, Smith.
THOSE OPPOSED: None. MOTION CARRIED.

L-3-2007 BROADWAY EQUITIES, INC.

Mr. Cecchini made a motion seconded by Mr. Slate to adopt the resolution memorializing the Board’s decision of March 27, 2007 to approve the application of Broadway Equities, Inc., for Block 17, Lot 38, as shown on the Tax Map of the Township of Wantage located at County Route 565 and Roy Road, in the Residential Environs Zoning District and Highway Commercial Zoning District requesting 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 strictly granted in accordance with the plans prepared by Kenneth D. Dykstra, P.E., P.L.S. dated December 27, 2006 and consisting of four (4) sheets as well as any further revisions made in consultation with the Board Engineer and in furtherance of this Resolution.
   
3. This approval is subject to the Applicant complying with all terms and conditions of the Board Engineer’s reports, dated February 12, 2007 with revision date of March 14, 2007 and/or as same may have been modified at the time of the hearing.
   
4. This approval is subject to the Applicant providing an easement to the owner of Block 16, Lot 5 for continued use of the well located on Block 17 Lot 38 by the owner of Block 16 Lot 5.
   
5. This approval is subject to the Applicant providing the Board Engineer with a copy of a letter from the Sussex County Health Department relative to the acceptability of the soil logs taken by the Applicant.
   
6. This approval is subject to the Applicant filing a copy of this Resolution with each of the Deeds utilized to create the lots approved by this Resolution. This condition is being imposed as the Applicant has not yet provided a letter of interpretation issued the NJDEP for the determination of buffer widths relative to the wetlands on the Subject Property.
   
7. This approval is subject to the Applicant providing conservation easements to run with the land at the buffer width limit.
   
8. This approval is subject to the Applicant dedicating all necessary portions for the widening of Roy Road.
   
9. This approval is subject to the Applicant providing the County of Sussex with all necessary sight easements.
   
10. This approval is subject to the Applicant providing the Board Engineer and Board Attorney with a copy of all proposed Deeds and Easements for review and approval.
    
11. 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 have land use jurisdiction over the application and supply a copy of any approvals received.
    
12. Where applicable, the Applicant shall comply with the requirements of the affordable housing ordinance adopted by the Township of Wantage and/or as same is amended from time to time.
    
13. 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.
14. Certificate that taxes are paid to date of approval.
    
15. Sussex County Planning Board approval, if necessary.
    
16. 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: Cecchini, Space, DeBoer, Slate, Gill, Smith.
THOSE OPPOSED: None. MOTION CARRIED.

APPLICATIONS

L-42-2005 PLEASANT ACRES

The applicant is requesting a use variance for the expansion of two non-conforming buildings. These additions have already been constructed. This will be an after-the-fact variance. The property is known as Blk. 139, Lots 22.01 and 22.03 and is located on Dewitt Road in the R-5 zone.

Attorney Martin Van Der Heide and the owner Mr. Richard Denman appeared before the Board.

Mr. Van Der Heide stated that the applicant was seeking a use variance and a set back variance for the two additions, confirmation that 500 parking spaces were allowed as per approval granted in 1969 and at some point would need a site plan for the entire 500 spots. The Board determined that a site walk was needed. The Board will determine exactly what the applicant needs so that this application can be heard all in one hearing and be done with it. It was also discussed that Mr. Van Der Heide will call Mr. Kienz to discuss the notice to be published.

A member of the public, Mr. Peter Annuzzi, would like a traffic impact study done. He lives at the end of the road but he is very concerned about the traffic on that road. He suggested opening up Dewitt Road to Skytop to give the residents another way out of the area.

Mr. Cecchini made a motion seconded by Mr. Slate to carry this application without prejudice to the May 22, 2007 Board meeting. All were in favor.

A site walk was scheduled for Monday, April 30, 2007 at 4:00pm. The Board members will meet before 4:00 p.m. at the Municipal Building and proceed to Dewitt Road. They will then go to Sally Hardin Road to do another site walk and end in Lake Neepaulin, if they have time. Mr. Kienz stated that the public is welcome to attend the site walk. However, they cannot make any comments or ask any questions to any of the Board members.

L-28-2006 JARET BUILDERS, INC. (JOSEPH RETZ)

The applicant is seeking final major subdivision approval for eight (8 lots). The property is known as Blk. 132, Lot 3.20 and is located on Libertyville Road in the R-1 zone.

Attorney Keith Hyche and Mr. Joseph Retz appeared before the Board.

It was discussed that the bond in an amount deemed acceptable will have to be established. Mr. Pellow’s report dated October 26, 2006 was reviewed. It was discussed that county approval has already been received. A variance is required for Lot 3.29 for lot frontage under 150 feet. There was a discussion regarding who is going to maintain the detention basin. Mr. Kienz will discuss with Mr. Michael Garofalo and with Mr. Robert Kirkpatrick, head of the RSIS.

Mr. Cecchini made a motion seconded by Mr. Slate to approve this application subject to the bond in an amount deemed acceptable by the governing body, subject to the detention basin and subject to county report.

ROLL CALL VOTE:
THOSE IN FAVOR: Cecchini, Hough, Space, DeBoer, Slate, Mylecraine, Gill, Cillaroto, Smith.
THOSE OPPOSED: None. MOTION CARRIED.

L-1-2007 CELLCO PARTNERSHIP d/b/a VERIZON WIRELESS

Board members Cecchini, Hough, Space and Mylecraine stepped down.

The applicant is proposing to add 12 panel antennas to the top of an existing water tank. A 12’ x 30’ fenced in compound for equipment is also proposed. The property is known as Blk. 44, Lot 13.02 and is located on Layton Road in the ML zone.

Attorney Richard Schneider and Engineer Peter Papay appeared before the Board on behalf of the applicant.

The professionals made a brief summary of the application. They stated that the application is for conditional use approval for the antennas on top of the existing water tank and a fenced in shelter for the equipment. The water tank is 62 feet high, the antennas will extend 10 feet above up to 72 feet so they will be below the 80 feet as permitted by the ordinance. The shelter will be two piece so it can be easily be brought in off the existing access road and be served by utilities that are going to be placed off the existing pole underground to that shelter with electric and telephone service as required. They are relocating an existing fence adjacent to the tank so they can fit in the shelter an route the cables up the water tank to the antennas.

Exhibit A1, a color photo (for visual impact) was introduced as evidence.

Mr. Smith opened the meeting to public: Mr. Joe Colasurdo, asked about the equipment shelter exhaust and a fuel intake that is going to be installed, the lighting, the height in relationship with the tree line, the site selection for antennas, health concern and the number of antennas.. Mr. Papay stated it is an 80 kw emergency generator to be started once a week for 15 minutes, to be done only during the day. The light will be motion sensored and it will only be 10 ft higher. Mr. Colasurdo stated that the applicant already has towers on Route 23 and wondered why they needed more antennas so close to the other location. He also brought up the health concern. Mr. Papay stated that he was not involved in the site selection process, Mr. Kienz stated the discussion about health risks is not allowed. It has been prohibited by the courts. It was further discussed and confirmed that the applicant’s application involves only 12 antennas.

Mr. Smith: confirmed that the paint scheme will be consistent with the existing water tank. Mr. DeBoer asked if in the event that emergency services were needed would they be allowed. Mr. Schneider stated that they do not have ownership and he does not have the right to give them that.

Mr. DeBoer made a motion seconded by Ms. Gill to approve this application.

ROLL CALL VOTE:
THOSE IN FAVOR: DeBoer, Slate, Gill, Cillaroto, Smith.
THOSE OPPOSED: None. MOTION CARRIED.

L-33-2006 PARMIE PLAZA (JOHN PARMIGIANI)

The applicant is proposing to expand an existing non-conforming strip mall. The existing mall is located primarily in Sussex Borough, with approximately 30 feet of the building extending into Wantage Township. The property is known as Blk. 1.01, Lot 15 in the
C-3 Commercial Zone in Sussex and Blk. 18, Lot 1.02 in the Residential Environs District RE-5 in Wantage and is located on Loomis Avenue (County Road 639).

For the record, members Cecchini, Hough and Mylecraine returned to the dais.

Mr. John Parmigiani, owner and attorney, Kara Parmigiani, owner’s daughter, and Mr. Alan Spector appeared before the Board.

Mr. Kienz reviewed the notice by the applicant. He stated that the applicant should notice for preliminary and final site plan approval. Therefore, he suggested treating this application as an informal tonight and just hearing a brief presentation by the engineer about the project. Mr. Spector stated that the existing building in Sussex Borough is 6,000 sq.ft. and the proposed building is 13,788sq.ft. resulting in under 20,000sq.ft. The building will be divided into small sections with an anticipated number of approximately 15 tenants. The applicant stated that they will obtain water and sewer from the Borough.
118 parking spaces proposed which will include property in the Borough, the existing building is set approximately 175 ft from the road and there will be a loop road for trucks to go around the back of the building. The façade of the building will have the country look in agreement with the area. The sign was discussed and the Board did not encourage listing the names of all the stores on the freestanding sign.

Ms. Mylecraine talked about the importance of having a play area for the daycare.
Miss Colette stated that she has a pre-school and her kids stay there 21/2 hrs per day and the play area has grass and is called “activity area”, as required by the state.

Mr. Smith said they will be probably be a COAH obligation and the applicant should speak to Mr. Doherty’s office about it.

Mr. Cecchini made a motion seconded by Mr. Bono to carry this application to the June 26th meeting without prejudice. The applicant will renotice. All in favor.

INFORMALS

Mr. Lee Coenen of Tara Inn addressed the Board regarding a gazebo that he would like to place on the back of the property behind the building. The Board informed Mr. Coenen that he needs a minor site plan application and notice.

Ms. Sherry Fiore would like to operate a hot dog trailer next to Katterman Farms. She was denied by the Zoning Official since it is a permanent structure. Existing lot with a non-conforming single family home, trailer becomes second use. Mr. Kienz stated that if the hot dog trailer were on a farm it would allowed under the right to farm. It was suggested that Ms. Fiore see Mr. Doherty and the Governing Body as this is not a matter under the jurisdiction of the Land Use Board, unless Ms. Fiore is seeking to build a permanent structure.

GENERAL BUSINESS

Mr. Pellow asked about the owner of 10 lots on Pond School Road who wants to build another house. The Board had mixed feelings about it. It was mentioned that the owner had been asked to change the configuration of the property for the possibility of farming, that it looks like there is plenty of room and that there are a couple of good fields.

Mr. Pellow stated that the DEP website will have a new rule on buffers for Category 1 streams and for any subdivision over 4 lots where they will be required to have a wastewater management plan amendment to be approved by the state.

Mr. DeBoer wants to discuss variances where the Building Department could have jurisdiction. Mr. Smith felt that if the ordinance were to be changed to give flexibility, it would open the door for everybody and that would not be a good deal for this community. It was discussed that both the Township Attorney and the Land Use Board said that there was no way to do a fast track without changing the ordinance. The possibility of a modified application process with lower fees was discussed. A fee schedule change would also be needed and even if the application fees were lower, notices would still have to be sent out to the neighbors.

ADJOURNMENT

On a motion duly made seconded and carried, the meeting was adjourned at 9:40 p.m.

Respectfully submitted,
Stella Salazar
Assistant Secretary