August 21, 2007

A regularly scheduled meeting of the Wantage Township Land Use Board was held on Tuesday, August 21, 2007 at the Wantage Township Municipal Building. The meeting was held in compliance with the provisions of the Open Public Meetings Act, P.L. 1975, Chapter 231.

ROLL CALL
PRESENT: Mssrs. Bono, Cecchini, Hough, Space, DeBoer, Smith, Cillaroto. Mmes. Kanapinski, Gill. Attorney Bryant Gonzalez, Engineer Cory Stoner, Construction Official Ed Vander Berg.
ABSENT: Mssrs. Grau and Slate, Mme Mylecraine.

APPROVAL OF MINUTES

Mr.Cecchini made a motion seconded by Ms. Kanapinski to adopt the minutes of July 17, 2007.

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

Mr.Cecchini made a motion seconded by Ms. Kanapinski to adopt the minutes of July 24, 2007.

ROLL CALL VOTE:
THOSE IN FAVOR: Bono, Cecchini, Hough, Kanapinski, Gill, Smith.
THOSE OPPOSED: None. MOTION CARRIED.

RESOLUTIONS

L-34-2005 LAURENCE VERMEULEN

1. The development of this parcel shall be implemented in accordance with the plan submitted and approved.
2. The extension of time within which to perfect the minor subdivision approval shall run until October 15, 2007.
3. All conditions of the Board’s previous Resolution shall remain in full force and effect with the exception of the Applicant being granted an extension of time within which to perfect the minor subdivision approval as set forth herein.
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: Bono, Cecchini, Kanapinski, Hough, DeBoer, Gill, Smith.
THOSE OPPOSED: None. MOTION CARRIED.

L-34-2006 ERIC TURNQUIST

Mr. Cecchini made a motion seconded by Mr. DeBoer to adopt the resolution memorializing the Board’s decision of July 17, 2007 to approve the application of Eric Turnquist for Block 142, Lot 14 as shown on the Tax Map of the Township of Wantage located on Clove Road in the Residential Environs Zone, 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 development of this parcel shall be implemented in accordance with the subdivision plans prepared by Kenneth D. Dykstra, P.E., L.S., P.P., dated May 15, 2007 and/or as same may be modified 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 report dated June 12, 2007 and/or as same may have 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. This approval is subject to the Applicant revising the plans submitted to demonstrate the wetlands and buffer areas to be conveyed as Conservation Easements to run with the land as well as the wetlands delineation provided by the Letter of Interpretation obtained by the Applicant from the NJDEP.
6. This approval is subject to the Applicant providing Subdivision Deeds containing language requiring the homeowners to maintain the stormwater management basin for Lots 14.01 and 14.02 as well as the stormwater infiltration aquifer for Lot 14.
7. All Deeds and Easements shall be subject to the review and approval of the Board Engineer and Board Attorney.
8. This approval is subject to the Applicant paying $1,800.00 per lot or $3,600.00 in total to be deposited with the Township's Road Trust Fund prior to the Deeds being signed.
9. 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.
10. Certificate that taxes are paid to date of approval.
11. Sussex County Planning Board approval, if necessary.
12. NJDEP approval, if necessary.
13. 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: Bono, Cecchini, Kanapinski, Hough, Space, DeBoer, Smith.
THOSE OPPOSED: None. MOTION CARRIED.

L-5-2007 EDWARD BRANDS

Mr. Hough made a motion seconded by Mr. Bono to adopt the resolution memorializing the Board’s decision of July 17, 2007 to approve the application of Edward Brands for Block 17, Lot 18, as shown on the Tax Map of the Township of Wantage located at County Route 565 in the Neighborhood Commercial Zone, 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. The development of this parcel shall be implemented in accordance with the subdivision plat prepared by Edward P. Brands, L.S., dated June 22, 2007 and/or as same may be modified in consultation with the Board Engineer.
3. This approval is subject to the Applicant complying with all terms and conditions of the Board Engineer's report dated March 1, 2007 and/or as same may have 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. This approval is subject to a Common Driveway and Maintenance Easement being provided for the Board Engineer and Board Attorney's review and approval.
   
6. 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.
   
7. Certificate that taxes are paid to date of approval.
   
8. Sussex County Planning Board approval, if necessary.
   
9. 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: Bono, Cecchini, Kanapinski, Hough, Space, DeBoer, Smith.
THOSE OPPOSED: None. MOTION CARRIED.

L-6-2007 MATTISON COYKENDALL

Mr. Cecchini made a motion seconded by Mr. Bono to adopt the resolution memorializing the Board’s decision of July 17, 2007 to approve the application of Mattison J. Coykendall for Block 149, Lot 20.11 as shown on the Tax Map of the Township of Wantage located on Medaugh Road in the Residential Environs Zone (RE-Zone), requesting use variance approval for the establishment of a mother-daughter style two-family use on the Subject Property pursuant to N.J.S.A. 40:55D-70(d) subject to the following terms and conditions:

1. The development of this parcel shall be implemented in accordance with the plan submitted and approved.
2. This approval is subject to the Applicant’s satisfaction of the terms and conditions of the Board Engineer’s report and/or as same may have been modified at the time of the hearing.
   
3. This approval is subject to and conditioned upon the Applicant filing a deed for the Subject Property containing appropriate restrictive language limiting the use of the residence to a mother-daughter style two-family residence and forbidding the rental of the addition as a separate residential unit.
   
4. This approval is subject to and conditioned upon the Applicant's surveyor revising the map for the parking area to 20 feet by 20 feet.
   
5. 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.
   
6. 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.
   
7. Certificate that taxes are paid to date of approval.
   
8. Sussex County Planning Board approval.
   
9. 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: Bono, Cecchini, Kanapinski, Hough, Smith.
THOSE OPPOSED: None. MOTION CARRIED.

L-8-2007 MADER DEVELOPMENT CO., LLC

Mr. Bono made a motion seconded by Mr. Hough to adopt the resolution memorializing the Board’s decision of July 24, 2007 to approve the application of Mader Development Co., L.L.C. for Block 100, Lot 25, as shown on the Tax Map of the Township of Wantage located at the intersection of Longview Terrance and Alpine Road in the R-2 Zone, requesting “c” variance relief approval pursuant to N.J.S.A. 40:55D-70(c), 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 Applicant shall comply with the recommendations set forth in the Township Engineer's report dated March 14, 2007 with a revision date of May 7, 2007, except as otherwise satisfied or modified.
   
3. The granting of this application is subject to and conditioned upon there being a recertification of the neighbor's well location.
   
4. The granting of this application is subject to and conditioned upon the Applicant providing the Board with a revised map showing the changes made to the driveway and retaining walls.
   
5. The granting of this application is subject to and conditioned upon the Applicant providing the Board with a review of the Subject Property by the landscape architect.
   
6. The granting of this application is subject to and conditioned upon the Township Engineer providing the Board with recommendations regarding adding trees to the Subject Property for privacy.
   
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. 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: Bono, Cecchini, Kanapinski, Hough, Gill, Smith.
THOSE OPPOSED: None. MOTION CARRIED.

L-13-2007 CHRISTIAN LEONE PROPERTIES I, LLC

Mr. Cecchini made a motion seconded by Mr. DeBoer to adopt the resolution memorializing the Board’s decision of July 17, 2007 to approve the application of Christian Leone Properties I, LLC for Block 1.02, Lot 8, as shown on the Tax Map of the Township of Wantage located at New Jersey State Highway 284 in the R-E 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)(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 report dated June 12, 2007 and as same may have been modified at the time of the hearing.
   
3. The development of this parcel shall be implemented in accordance with the minor subdivision plat prepared by Kenneth Dykstra, P.E., L.S., P.P. dated July 11, 2007 and/or as same may be modified in consultation with the Board Engineer.
   
4. This approval is subject to the Applicant providing the Board with a copy of the Letter of Interpretation issued by the NJDEP.
   
5. This approval is subject to the Applicant contributing $1,650.00 per lot or $3,300.00 in total to the Wantage Township Road Trust Fund.
   
6. This approval is subject to remainder Lot 8 being utilized for affordable housing to satisfy the affordable housing requirement relative to the approval issued to Christian Leone Properties III, LLC with respect to the approval recently granted under Application No. L-31-2006 decided on June 19, 2007.
   
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. NJDEP approval, where necessary.
    
12. 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: Bono, Cecchini, Kanapinski, Hough, Space, DeBoer, Smith.
THOSE OPPOSED: None. MOTION CARRIED.

L-14-2007 DON MCGLEW

It was discussed that the resolution needed to be changed to correct the zone from R-1 to RE, Residential Environs.

Mr. Hough made a motion seconded by Mr. Bono to adopt the resolution, with corrections, memorializing the Board’s decision of July 17, 2007 to approve the application of Don McGlew for Block 120, Lot 3.04, as shown on the Tax Map of the Township of Wantage located at 32 Pidgeon Hill Road, in the RE (Residential Environs) Zone District, requesting approval “c” variance relief approval pursuant to N.J.S.A. 40:55D-70(c), subject to the following terms and conditions:

1. The development of this parcel shall be implemented in accordance with the plan submitted and approved.
   
2. This approval is subject to and conditioned upon the Township Engineer visiting the site and making recommendations regarding the soil erosion and drainage control measures for runoff on to Lot 3.05.
   
3. 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.
   
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: Bono, Cecchini, Kanapinski, Hough, Space, DeBoer, Smith.
THOSE OPPOSED: None. MOTION CARRIED.

APPLICATIONS

L-19-2007 LEE COENEN/TARA INN

Chairman Smith announced that this application could not be heard tonight because the notice was insufficient. The applicant will renotice for a future meeting.

L-15-2007 565 LAND DEVELOPMENT, LLC

The applicant is seeking minor site plan approval with “d” variance for a soil removal operation. The property is known as Blk. 117, Lot 38.01 and is located on County Route 565 in the HC zone and R-5 zone.

Attorney Karen Cornelius, Engineer Ken Wentink and Tom and Richard Zummo, applicants, appeared before the Board.

Mr. Gonzalez stated that he had a series of conversations with Ms. Cornelius to narrow down the issues to be addressed tonight. Mr. Gonzalez stated that this matter had been scheduled for last month and at the hearing he raised an issue with respect to the property being split zoned and the fact that a use variance had not been noticed for. He spoke with Mr. Gaus and he advised that he believed a use variance had been granted and he provided proof of it. Mr. Gonzalez and Ms. Cornelius had extensive discussions trying to figure out what was it that was needed for this application. There is no need for use variance since a use variance was granted in 1981 or 1989 and the variance was never abandoned. The other issue was whether they needed a conditional use variance and they did not as their testimony will show tonight. The applicant will need conditional site plan review under D67 of the Municipal Land Use Law and review of soil permit application as required by soil removal ordinance of the township

Ms. Cornelius made a brief presentation of the application. Reinstating what Mr. Gonzalez explained, she stated that the applicant was seeking minor site plan approval and review of the soil removal application. The soil removal operation will be located in the Highway Commercial zone which is now a permitted use. As to the soil and gravel operation the applicant is proposing a portable dry screening plant with no washing which is a conditional use. Mr. Wentink stated that the plans indicate a total of 18.6 acres of land to be disturbed. Adjacent wetlands have been delineated by Wander Ecological and a 150’ transition area buffer has been assumed in order to lay out the limits of disturbance. Mr. Wentink indicated that the maximum was assumed in order to establish the removal area since it could take six to eight months before an L.O.I. is received. The applicant stated that they already have a temporary driveway permit from the County. It is a temporary permit because it is for a soil removal operation and it is not the same as you would get for a store or a house. That area is very close to the initial excavation that was done in the mid 80’s and the applicant proposes to work in a counterclockwise circle around the property and the last area to be removed is the berm along the road. The applicant plans to leave the vegetation there as a screen to prevent people from looking. The property was drilled for water. The ordinance requires 6 or 8 ft above the groundwater table. The cross sections show where water was found. Mr. Wentink added that in his opinion, this is the only way you can ever develop this site according to the zone, you have to get the soil out as it would be impossible to develop it commercially.

It was discussed that Phase I will be to the right hand side of the driveway, Phase II will be to the back, Phase III will be to the west and rear, working in a counterclockwise manner. Mr. Stoner confirmed that no more than five acres would be disturbed at any one time and the applicant will stabilize the area to provide for that.

Mr. Pellow’s report was reviewed by Mr. Stoner. Item 3.01 stated that the applicant had indicated that all pertinent features within the “area of development” were shown and the applicant requested a waiver from showing features 200’ from the tract boundary. Mr. Pellow indicated that a waiver was appropriate. For Item 3.03 the applicant indicated that an L.O.I. has been applied for and requested a waiver. Mr. Pellow stated that a waiver was appropriate with the L.O.I. submitted as a condition of any approval. For Item 4.10 regarding driveway sight distances, the applicant indicated that a driveway permit had already been issued by the County and a waiver was requested. The report indicated that the following items had been provided by the applicant: Environmental Impact Statement, drainage report, information required only for a soil removal application including length of operation time, daily hours of operation, soil fertility statement for all soil series on site, reclamation and landscape plan, surface water drainage plan, and sections of soil removal.

Item 5 of the report cited the Soil Erosion & Sediment Control Plan indicated a “possible temporary office location” in the southeasterly corner of the property. In accordance with Section 13-23, the use of this temporary trailer is prohibited. Mr. Wentink stated that plans did not refer to it as a trailer. He referred to it as a “modular office” and stated that an office on the site was necessary in order to keep track of truck loads and they want to have that building such that it can be moved to the work area. They do not want to have it in a fixed area because the trucks will have to come near it so that they can keep track of what they are moving. If the office is in a stabilized area, then the trucks would have to ride on the stabilized area. Mr. Smith inquired about the size of the structure. Mr. Wentink replied that it had not been discussed. Mr. Tom Zummo, applicant, stated that a modular office is a structure where they can keep out of the weather and that it does not have to be a trailer, it can be a shed. Ms. Gill talked about locating the office near the only egress driveway. Mr. Vanden Berg stated that the unit would have to be fixed to the ground.

Mr. Smith asked if there would be a portajohn. Mr. Wentink stated that there will be one and referred to Sheet 4 of the plans where it is labeled “proposed agricultural well location”. He explained that the reason for naming it “agricultural well” was so that they did not have to have a septic system for the county to issue a well permit. By calling it “agricultural well” they do not have to have a septic system.

Item 6 of the report discussed Note 3 on Page 2 of 10 that indicates that a driveway permit was issued by the County on May 3, 2007. The applicant will provide a copy to the Land Use Office for the files. Item 7 addresses signage. The applicant has received a permit from Mr. Kervatt. The sign is intended to tell truck drivers that they are at the correct property and is not intended to advertise the availability of soil. The sign will be located by the driveway and it conforms to the ordinance. A copy of the sign permit was provided for the files. The permit is for a temporary sign, only for the life of the soil removal operation which is estimated to be five (5) years, depending on the market.

Item 9 deals with operations detail. Four (4) specific staging areas of soil removal are proposed. Each of these areas indicates a disturbance area of less than 5 acres. A note has also been added to the plans indicating that the individual staging areas will be staked in the field prior to the commencement of soil removal operations. Item 10 refers to the adjacent wetlands which have been delineated and a 150’ transition area buffer has been assumed in order to lay out the limits of disturbance. Mr. Wentink indicated that Mr. Zummo met with the people from Trenton at the site and they indicated an area of concern. Wander needed to relocate the wetlands and to present they have not heard back from Trenton with an indication of where the area of concern is. Item 11 is a comment regarding the Papakating Creek and the change being implemented by the NJDEP which should not affect the proposed development as part of this project. For Item 12, a drainage report has been submitted by the applicant and is acceptable. Specific drainage details for the proposed detention basin will be worked out with the applicant’s engineer and will have to be added to the revised plans.

Item 13 discusses the existing depression located near the front entrance that should be utilized as a settling pool during initial construction activities since this area will not be disturbed until Phase 7. The revised plans indicate that this area is not to be disturbed in Phase 4. The existing depression will be regarded into a long narrow detention basin. Item 14 of the report states that the limits of disturbance should be added to an overall plan to ensure that the 100’ buffer between the soil removal operations and the exterior property lines is maintained. Mr. Wentink stated that different sections of the ordinance were contradicting with buffers of 50’ and 100’. It was discussed that the issue would be discussed and worked out. Item 15 deals with landscape buffering. Mr. Wentink stated that the vegetation around the work area will be left there and it will comply with whatever the ordinance calls for. Item 16 discussed if the limits and grades of development as shown would facilitate future development of this site for highway commercial use. Mr. Wentink stated that he hoped that when the property was developed, a new different drainage system would be installed. He stated that this drainage is specifically designed for this type of operation.

Item 18 listed the permits and approvals that were still required for this project to include NJDEP L.O.I., Sussex County Planning Board, Wantage Township Soil Removal Permit, Wantage Township Soil Erosion and Sediment Control Permit. Item 19 states that before any work is started on the site, the applicant must post a bond in the amount of $28,750.00. Item 20 states that the locations of topsoil stockpiles have been included on the plans with approximate stripping quantities labeled. The topsoil quantities indicate that approximately 6” of topsoil can be placed over each 5 acre area disturbed during site restoration. Item 21 must correct the proposed stockpile location for Stage 2 that is labeled twice.

The meeting was opened to the public. Emil Conforth, owner of Block 17, Lot 14.01 does not oppose the application. He however, has concerns about the sediment and erosion at the entrance, the nature of the roadway and the plan for the future and the removal of a portion of trees. He stated that the front of the road will get dusty and dirty and he would like to see 75 to 100 ft strip so it is not an eyesore for the neighbors and anyone driving by. Mr. Wentink said that the plan addresses that, it has been cleaned up, will be kept clean to reduce the sediment that goes out into the road. A suggestion from the Board maybe adding more stone to correct problem and more gravel might be a solution to control the dust. Mr. Smith confirmed that the berm in the front will remain until the last phase of the soil removal operation.

John Wymgaard, adjacent to property on the west side on 70 acres stated that he went through this in 1981 and 1989 and he expressed concern with his property line and with the grade coming from his property line, Block 117, Lot 37.01. Mr. Stoner stated there will be at least 50 ft. or 100 ft. buffer and that will be a condition of approval.

For the record, it was discussed that the resolution that was adopted in 1981 lists condition #9 as spruce trees to be planted on the westerly slope for 375’.

The meeting was closed to the public and opened to the Board.

Ms. Kanapinski stated that the runoff is really bad. Mr. Smith asked if they have the capability of wetting down the entrance way to eliminate soil erosion. Richard Zummo stated they will at that time, he stated that regrading the road would help, tipping the slope on the road to the other side so the water does not come down. Mr. Smith stated that it will be addressed with Mr. Pellow’s office. Mr. Smith talked about the portajohn, hours of operation will be and screening equipment, Mr. Zummo stated that the size of the equipment has to do with the size of the material, in his opinion not a very large screen will be needed, he thinks about 100 horse power, more likely diesel operated. Mr. Cillaroto agrees with that and had a question on progressive inspections, how often will Mr. Pellow’s office go out, how will it be handled to enforce it, is the bonding enough that we can institute somebody to go and take care of it. Mr. Stoner said they will do the inspections and everything has to match, if there is a problem as somebody reports it. Mr. Smith said that the one on 284 has been inspected on a monthly basis. Mr. Cillaroto expressed concern that it always comes down on the Board’s lap. Mr. Stoner explained that inspections would be made and in case something did not work out the applicant would have a bond in place to provide for that.

Mr. Hough made a motion seconded by Mr. Cecchini to grant site plan and conditional use approval with the office trailer and signage for five years, the applicant will have to come back for an extension, subject to the following conditions: Waivers of Items 3.01, 3.03, and 4.10, Item 6 subject to resubmittal, Item 7 subject to engineer’s review, Item 8 subject to being added to the plan, Item 10 subject to receipt of the L.O.I., Item 12 subject to details being provided, Item 14 to be discussed with Mr. Pellow’s office and Item 21 being corrected.

ROLL CALL VOTE:
THOSE IN FAVOR: Bono, Cecchini, Kanapinski, Hough, Space, DeBoer, Cillaroto, Smith.
THOSE OPPOSED: Gill. MOTION CARRIED.

Mr. Cecchini made a motion seconded by Mr. Bono to recommend to the Township Committee granting of soil removal permit.

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

The Board took a five-minute recess.

L-18-2007 BRINK ROAD BUILDERS, INC.

Application for minor subdivision approval for two (2) lots plus a remainder. The property is known as Blk. 15.01, Lot 21 and is located on Lower Unionville Road in the R-5 zone.

Attorney Ken Sauter from the firm Ramsey Berman, P.C. and Engineer Bernard Caffrey appeared before the Board.

Mr. Cillaroto stepped down.

Mr. Sauter made a brief presentation of the application. The applicant is proposing to create two new lots with a remainder lot. Proposed Lot 15.04 contains 5.031 acres, proposed Lot 15.05 contains 5.047 acres and remainder Lot 15.01 contains 5.003 acres.

Mr. Pellow’s report dated June 26 last revised July 18, 2007 was discussed. Referring to Item 3.03, the applicant has requested a temporary waiver for the Letter of Interpretation. Mr. Caffrey stated that the wetlands had been delineated and an application has been submitted to NJDEP. The LOI must be submitted prior to filing the deeds. Item 4.09 refers to the Conservation easement. Said easement has to be included in the deeds for the proposed lot and shown on the plans as a conservation easement. Items 5, County approval is needed. For Item 6, the report stated that a wetland transition permit will be needed to construct the driveway through the transition area into proposed Lot 15.04. Mr. Caffrey indicated that it might not be required because the wetlands are on the other side of the road. Item 7, driveway permits will be needed at the time of building permit application. Item 8 states that some Christmas trees will have to be removed to obtain the proper sight distance. The trees to be removed prior to the deeds being signed. The report indicated that a note had been added to the Sheet 2 of the plans regarding the tree removal. COAH requirements apply and a Road Trust Fund contribution of $2,000.00 per lot or $4,000.00 will need to be deposited with the Township. Item 11 regarding the stormwater regulations stated that a note had been to the plans stating that stormwater management rules will be complied with at time of building permit. Mr. Stoner stated that Mr. Pellow had not objections to it. Item 12 stated that a note had been added to the plans that a blanket discharge easement was to be granted to the Township for discharging stormwater off Lower Unionville Road onto these three lots. Item 13 stated that the house on proposed lot 15.04 was to be moved out of the constrained area. The plans show the house was moved. Item 14 refers to grading plans and stormwater drainage plans to be approved by the Township Engineer prior to a building permit being obtained. Item 15 stated that the key map on Sheet 1 in the Augusta Lane area was incorrect and had been corrected.

Mr. Smith opened the meeting to the public. Ms. Margaret Kolicko asked what was the initial size of the parcel and each lot and is the proposal for residential development and setbacks for the front yard.

The meeting was closed to the public and opened to the Board. Mr. Cecchini stated it was interesting to see a 15-acre parcel and how the lots meet the frontages and all of them meet the 5 acre requirement. He stated that it would be difficult to find anything wrong with this application.

Mr. Cecchini made motion seconded by Mr. Bono to approve this application subject to Item 3.03 and Mr. Pellow’s report.

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

SIGNAGE ORDINANCE

Mr. Smith stated that this ordinance was reviewed to mirror Sussex Borough’s ordinance so that adjoining establishments at the property lines have similar signs. Mr. Smith thanked the committee for their hard work on putting this ordinance together.

Mr. Cecchini made a motion seconded by Ms. Gill to recommend the signage ordinance, with corrections, to the Governing Body for adoption.

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

GENERAL ISSUES

Chairman Smith stated that Mayor DeBoer sent a response letter to the DEP regarding the proposed changes concerning the C1 streams. The Mayor in his letter complains that not only is one third Wantage but the lack of information available as well.

The Mayor wrote a letter on our behalf regarding the planned endorsement. A pre-planned endorsement meeting was requested because of C1 streams, the impact on wastewater management and what is actually happening in Wantage Township as a result of state rules and regulations.

The meeting was opened to the public. Ms. Ann Smulewicz asked about Rachel manor’s resolution. She thanked Mr. Cillaroto for showing concern about the issues that she had with this project.

Ms. Maggie Kolicko asked for information regarding the CJS project. Mr. Gonzalez explained that the Court granted CJS site plan approval and the Board will impose reasonable terms and conditions of approval. If they disagree with the conditions, then they will go back to Judge Bozonelis. He explained that the application cannot be reopened and that the resolution has been overruled by the court. The conditions will be based on the professionals’ reports, on the testimony that the applicant rendered, and the transcripts of the hearings. The limitation is that Board can only impose reasonable conditions of approval.

Mr. Cecchini asked if the public can come to the hearing. Mr. Gonzalez stated that the meeting will be noticed and the public will be allowed to attend the hearing. However, no testimony will be heard.

Robert Kohle asked if the Board was satisfied with the experts’ testimony. Mr. Gonzalez stated that the outcome of the resolution showed that the Board was not satisfied. Mr. Kohle asked why the Board didn’t ask for more studies and Mr. Gonzalez stated that all the Board could do was ask for what the ordinance allows to ask for and Judge Bozonelis found that the applicant provided everything that they had to provide according to the ordinance. Christine Fiorenzo asked what were the grounds that judge Bozonelis found to grant approval of their application. Mr. Gonzalez stated that it was done based on pizzomantin which is a case of site plan approval that determines when it should be granted and the court determined that the applicant supplied everything that was required. Ms. Fiorenzo asked if there were any grounds for appeal. Mr. Gonzalez stated that the case is still in litigation. Therefore, he cannot comment. It was discussed that the applicant still needs other approvals including sewer, wastewater management, municipality and county approvals, water, NJDEP. The applicant must submit copies of all permits received from all outside agencies. The wastewater management has already been denied at township

Chairman Smith closed the public portion of meeting. At 9:50 p.m. the Board entered into Executive Session.

ADJOURNMENT

The Board ended the Executive Session at 10:09 p.m.. There being no further business to conduct, on a motion duly made seconded and carried, the meeting was adjourned.

Respectfully submitted,
Stella Salazar
Assistant Secretary