February 20,2007

A regularly scheduled meeting of the Wantage Township Land Use Board was held on Tuesday, February 20, 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. Smith, Space, Slate, DeBoer, Bono, Hough, Grau, Mmes. Kanapinski, Gill, Mylecraine, Attorney Richard Brigliadoro, Engineer Harold Pellow.
ABSENT:  Mssrs. Cecchini and Cillaroto.

Chairman Smith made an announcement stating that there were difficulties with the recording equipment and the meeting would not be recorded.  Only notes would be taken in order to do the minutes of the meeting.  He stated that the applicants had the right to request to be rescheduled or if they still wanted to proceed with the hearing and a decision made at the hearing were to later be challenged, then the applicants would have to come back and be reheard.

MINUTES

Mr. Hough made a motion seconded by Mr. Grau to adopt the minutes of January 16, 2007.

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

Mr. Slate made a motion seconded by Mr. Grau to adopt the minutes of January 23, 2007.

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

RESOLUTIONS

It was discussed that these two resolutions were being adopted tonight with some changes that the attorney would work on.

L-3-2006 WANTAGE RIDGE

Mr. Grau made a motion seconded by Mr. DeBoer to adopt the resolution memorializing the Board’s decision of December 19, 2006 to approve the application of PKM Holdings, LLC, for Block 116, Lot 10.06, known as “Wantage Ridge” and as shown on the Tax Map of the Township of Wantage, located on County Route 628 in the Planned Small Community-McCoy’s Corner Zone, requesting preliminary major site plan and preliminary major subdivision approval with ancillary “c” variance relief pursuant to N.J.S.A. 40:55D-46, N.J.S.A. 40:55D-48 and N.J.S.A. 40:55D-70c, 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 granted subject to the Applicant complying with the terms and conditions of the Board Engineer’s Report dated December 4, 2006      as well as the Board Planner’s Report dated December 15, 2006 and/or as same has been modified during the course of the proceedings in this matter and as reflected in this resolution.
3. This approval is subject to the Applicant work closely with the Construction Official to make sure that handicapped pathways were put in before paving the area.
4. This approval is subject to the Applicant adding more details to the plans regarding the rock walls.
5. This approval is subject to the Applicant redesigning the entranceway and decorative features of the project to make them more consistent with the rural Wantage architectural history.  The re-design shall be subject to the review and approval by the Board Planner.
6. This approval is subject to the Applicant planting a mixture of wildflowers, perennials and annuals for the ground cover. The Applicant is to work with the Landscape Architect and the Board Planner.
7. This approval is subject to the Applicant creating a Developer’s Agreement with the Township of Wantage.  The Developer’s Agreement shall address the low and moderate income phasing and insure that the development achieves the required affordable housing credits.  The Developer’s Agreement shall include a specific bonding requirement to make sure that the open area is planted correctly and is thriving. The Applicant is to work with the Board Planner regarding the open space plantings and obtain the approval of the Board Planner in this regard
8. This approval is subject to the Applicant creating an area for county transit to pick up residents and school children. The Applicant is to work with the Board Planner and obtain the approval of the Board Planner in this regard
9. This approval is subject to the Applicant creating a Homeowner’s Association document that requires issuance of a certificate of occupancy for a purchased unit prior to occupancy by the homeowner.
10. This approval is subject to the Applicant working with the Landscape Architect and Board Engineer to develop a landscape berm along the common property line in relation to the property owned by Mr. Dean Schmitter of 84 Route 639, Lot 10.03 as well as other lots in the area similarly situated.  
11.  This approval is subject to the Board retaining jurisdiction over the architectural plans should they change with the authorization for the applicant to return to the Board by letter to address any and all changes in the architecture
12.  This approval is subject to the Applicant creating a central mailbox area at a designated location. The Applicant is to work with the Board Engineer and Board Planner to develop the central mailbox area.
13.  This approval is subject to the Applicant putting fire hydrants through out the site. The locations of the fire hydrants are to be approved of by the Board Engineer and the Fire Official.
14.  This approval is subject to the Board retaining jurisdiction over all identification signs and entry signs with the authorization for the application to return to the Board by letter to address any and all changes in the signage design
15.  This approval is subject to the Board retaining jurisdiction to approve the design, height, etc. of the water tower that is to look like a silo.
16.  This approval is subject to the Applicant providing more decorative lighting in accordance with what the Board Engineer approves of.
17.  This approval is subject to the Applicant providing the Board Engineer with all elevations for the buildings.
18.  This approval is subject to the Applicant painting the roof mounted equipment the same color as the roof.
19. This approval is subject to the Applicant making the maximum height of the buildings 40 feet.
20.  This approval is subject to the Applicant revising the grading plan to revolve the stormwater runoff to adjacent properties to the satisfaction of the Township engineer.
21.  This approval is subject to there being a pre-construction meeting.
22. This approval is subject to the Applicant conveying to the Township conservation easements with respect to all wetlands and transitional areas on the subject property.
23. This approval is subject to the Applicant making a contribution to the Township Road Trust Fund as calculated by the Board Engineer in accordance with the Township Ordinance.
24. This approval is subject to the Applicant constructing  21 affordable housing units on site.
25. 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.
26. 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.
27.  Certificate that taxes are paid to date of approval.
28.  Sussex County Planning Board approval.
29.  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, Space, Slate, DeBoer, Bono, Kanapinski, Gill, Mylecraine, Grau.
THOSE OPPOSED:  None.  MOTION CARRIED.

L-4-2006 WANTAGE VILLAGE

Mr. Grau made a motion seconded by Mr. DeBoer to adopt the resolution memorializing the Board’s decision of December 19, 2006 to approve the application of Wantage Village for Block 116, Lot 10.01 as shown on the Tax Map of the Township of Wantage, located on County Route 628 in the Planned Small Community-McCoy’s Corner Zone, requesting preliminary major site plan and preliminary major subdivision approval, with ancillary "c" variance relief for the proposed retaining wall height, pursuant to N.J.S.A. 40:55D-46, N.J.S.A. 40:55D-48 and N.J.S.A. 40:55D-70c 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 granted subject to the Applicant complying with the terms and conditions of the Board Engineer’s Report dated  December 4, 2006      as well as the Board Planner’s Report dated December 15, 2006 and/or as same has been modified during the course of the proceedings in this matter and as reflected in this resolution.
3. This approval is subject to the Applicant working closely with the Construction Official to make sure that handicapped pathways are put in before paving the area.
4. This approval is subject to the Applicant adding more details to the plans regarding the rock walls.
5. This approval is subject to the Applicant redesigning the entranceway and decorative features of the project to make them more consistent with the rural Wantage architectural history.  The re-design shall be subject to review and approval by the Board Planner.
6. This approval is subject to the Applicant planting a mixture of wildflowers, perennials and annuals for the ground cover. The Applicant is to work with the Landscape Architect and the Board Planner.
7. This approval is subject to the Applicant creating a Developer’s Agreement..  The Developer’s Agreement shall address the construction of the low and moderate income units and insure that the development achieves the required affordable housing credits.  The Developer’s Agreement shall include a specific bonding requirement to insure that the open area is planted correctly and is thriving. The Applicant is to work with the Board Planner regarding the open space plantings and obtain the approval of the Board Planner in this regard
8. This approval is subject to the Applicant creating an area for county transit to pick up residents and school children. The Applicant is to work with the Board Planner and obtain the approval of the Board Planner in this regard.
9. This approval is subject to the Applicant creating a Homeowner’s Agreement that includes an inspection to be done before the owners take over.
10. This approval is subject to the Applicant working with the Landscape Architect and Board Engineer to develop a landscape berm along the common property line in relation to the property owned by Mr. Dean Schmitter of 84 Route 639, Lot 10.03 as well as other lots in the area similarly situated.  
11.  This approval is subject to the Board retaining jurisdiction over the architectural plans should they change with the authorization for the applicant to return to the Board by letter to address any and all changes in the architecture
12.  This approval is subject to the Applicant creating a central mail box area at a designated location. The Applicant is to work with the Board Engineer and Board Planner to develop the central mail box area.
13.  This approval is subject to the Applicant putting fire hydrants through out the site. The locations of the fire hydrants are to be approved of by the Board Engineer and the Fire Official.
14.  This approval is subject to the Board retaining jurisdiction over all identification signs and entry signs with the authorization for the application to return the Board by letter to address any and all changes in the signage design
15.  This approval is subject to the Board retaining jurisdiction to approve the design, height, etc. of the water tower that is to look like a silo.
16.  This approval is subject to the Applicant providing more decorative lighting in accordance with what the Board Engineer approves of.
17.  This approval is subject to the Applicant providing the Board Engineer with all elevations for the buildings.
18.  This approval is subject to the Applicant painting the roof mounted equipment the same color as the roof.
19.  This approval is subject to the Applicant providing the Board Engineer with the layout and storage volume of the proposed wet pond, which is subject to the approval of the proposed modular block retaining wall inside the pond.
20.  This approval is subject to the Applicant making the maximum height of the buildings 40 feet.
21.  This approval is subject to the Applicant revising the grading plan to revolve the stormwater runoff to adjacent properties to the satisfaction of the township engineer
22.  This approval is subject to there being a pre-construction meeting.
23. This approval is subject to the Applicant conveying to the Township conservation easements with respect to all wetlands and transitional areas on the subject property.
24. This approval is subject to the Applicant making a contribution to the Township Road Trust Fund as calculated by the Board Engineer in accordance with the Township Ordinance.
25. This approval is subject to the Applicant constructing  27 affordable housing units on site.
26. 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.
27. 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.
28.  Certificate that taxes are paid to date of approval.
29.  Sussex County Planning Board approval.
30.  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, Space, Slate, DeBoer, Bono, Kanapinski, Gill, Mylecraine, Grau.
THOSE OPPOSED:  None.  MOTION CARRIED.

APPLICATIONS

L-24-2005 ESTATE OF ALBERTA CATON

The applicant is seeking a second 190-day extension of their minor subdivision approval.  The minor subdivision was approved on October 18, 2005.

Mr. Grau made a motion seconded by Mr. DeBoer to grant approval of the extension and to adopt the resolution memorializing the Board’s decision of February 20, 2007 to approve the application of the Estate of Alberta Caton for Block 135, Lot 11 located at Hickory Road, in the Residential Environs zoning district, granting an additional extension of minor subdivision approval for 190 days commencing December 8, 2006 until June 27, 2007 in order to perfect the minor subdivision previously granted by the Board pursuant to the Municipal Land Use Law at N.J.S.A. 40:55D-47, 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 minor subdivision approval granted by this Board by Resolution decided on October 18, 2005 and Memorialized on November 22, 2005.

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

L-25-2005 ESTATE OF ALBERTA CATON

The applicant is seeking a second 190-day extension of their minor subdivision approval.  The minor subdivision was approved on October 18, 2005.

1. This approval is granted strictly in accordance with the Applicant satisfying all terms and conditions of the minor subdivision approval granted by this Board by Resolution decided on October 18, 2005 and Memorialized on November 22, 2005.

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

L-42-2005 PLEASANT ACRES CAMPGROUND

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.  The applicant’s meeting notice was not published in accordance with the statute.  The applicant requested to have this application adjourned to the Board’s March 20th meeting.

Mr. DeBoer made a motion seconded by Mr. Grau to carry this application to the March 20,  2007 meeting.  The applicant will renotice.

L-1-2007 CELLCO PARTNERSHIP D/B/A VERIZON WIRELESS

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.

Due to a design issue, the applicant requested to have this application adjourned to the Board’s April meeting.  It was discussed that Ms. Kanapinski will confirm with the applicant if the plans they submitted to the Board are up to date.

Mr. DeBoer made a motion seconded by Mr. Grau to carry this application to the April 24th meeting.  No further notice is required.  All the members were in favor.

L-32-2006 COUNTRY CLASSIC AUTO BODY (MICHAEL CECCHINI)

The applicant is seeking preliminary and final site plan approval to allow the expansion of the existing auto body shop.  The property is known as Blk. 116, Lot 10.05 and is located on Route 639 in the McCoy’s Corner Village zone.

Mr. Michael Cecchini and Mr. Andrew R. Hipolit, P.E. of Maser Consulting P.A., appeared before the Board on this application.

For the record, Attorney Brigliadoro reinstated Mr. Smith’s comment about the hearing not being recorded tonight.  He reminded the applicant that only notes of the testimony would be taken in order to do the minutes.  He stated that according to the Land Use Law the applicant has the right to request to be heard tonight but if there was an appeal, the application would have to be reheard.  He asked the applicant if it was his wish to proceed with the hearing with the knowledge that if a decision made tonight were challenged by anyone, then they would have to return and be reheard.  The applicant understood and stated that he wanted to proceed with the application.

Mr. Cecchini made a presentation of the project.  He stated that it is designed in two phases.  Phase I is everything to the front of the building.  The added square footage to be approximately 2,000 sq.ft. and it will include a new roof and a facelift to the façade of the dwelling.  He stated that two (2) gables would be added for aesthetic reasons, one of them to serve a three-bay carport which will shelter customers from the weather as well.  The colors that are proposed are chocolate brown with beige siding and the brick in brown tones.  He added that the old residence has already been removed.  He stated that his goal is to make the site look better since auto body shops are now more upscale as they compare with doctor’s offices and other professionals’ offices.  His purpose is to keep up with the McCoy’s Corner development by enhancing the commercial site.

Mr. Cecchini added that the front addition will drive the back addition.  He is however, applying for the entire project now to save time and money later.  He stated that the biggest part of the project is to make it look better.  Mr. Brigliadoro asked if additional services were planned.  Mr. Cecchini replied that detailing and some very light mechanical services would be offered but that the intention was to go into the motor home collision repair.  He explained that the expansion included going from 12 ft. ceilings to the new 16 ft. ceiling area to accommodate larger vehicles.  He stated that the closest facility that does that time of work that he knows of, is within a 150-mile radius.  Mr. Grau asked if he would increase the number of employees.  Mr. Cecchini replied that a maximum of three.  Ms. Mylecraine asked about paint booths.  Mr. Cecchini stated that maybe in Phase II.  He stated that it might be possible to just take the parts off the vehicle, paint them, and then put them back.

Mr. Pellow’s report dated February 12, 2007 was reviewed and discussed.  Two exhibits were introduced.  Exhibit A1, an aerial photo of the site as downloaded from Google and Exhibit A2, a rendering of the building with the proposed brick façade.

The following items on Mr. Pellow’s report were discussed:  zoning & variances, non-residential off-street parking and loading, parking & loading spaces, stormwater management, lighting, landscaping & signs, waste disposal, septic system and agency approvals.  Two C Variances were requested:  One variance would be for the parking area to the rear of the building which is proposed to remain gravel and without marked spaces while the parking area to the front of the building will be paved.  The other variance is for no curbing for the parking lot to allow stormwater to flow from the parking lot into the stone infiltration trenches adjoining the parking lot areas.  It was discussed that the A.D.A. space would be moved to a location closer to the main entrance.  The applicant has received a permit from the Sussex County Health Department to expand the existing septic system on the site.  Application to the Sussex County Planning Department has been submitted.

The COAH obligation was discussed.  Mr. Smith stated that the applicant is subject to the requirement that is now on the books.

Mr. Smith opened the meeting to the public.  There were no members of the public wishing to be heard on this application.  Mr. Smith closed the meeting to the public.

The meeting was opened to the Board.  Mr. Grau said that he believed this was a great project.  Mr. Smith asked Mr. Cecchini if he envisioned larger signage.  Mr. Cecchini stated that he did not anticipate changing the sign.

Mr. Grau made a motion seconded by Mr. Bono to approve this application subject to 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.

GENERAL

Ms. Kanapinski informed the Board members that there will be an Open Space meeting on Thursday, February 22nd if anyone was interested in attending.

Ms. Kanapinski reminded the Board members about the class they will be attending on Saturday, February 24th.

It was discussed that the issue of “sheds” will be addressed at the Board’s meeting of February 27th.

ADJOURNMENT

On a motion made seconded and carried, the meeting was adjourned at 8:35 p.m.

Respectfully submitted,
Stella Salazar
Assistant Secretary