February 27,2007

A regularly scheduled meeting of the Wantage Township Land Use Board was held on Tuesday, February 27, 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, Cillaroto, Cecchini, Grau, Mmes. Kanapinski, Gill, Mylecraine, Attorney Glenn Kienz, Engineer Harold Pellow.
ABSENT:  Mr. Hough.

Ms. Kanapinski arrived at 7:45 p.m.

Mr. Grau made a motion seconded by Mr. DeBoer to adopt the resolution memorializing the Board’s decision of January 23, 2007 granting minor subdivision approval to Julia M. Dreisbach for Block 39, Lot 2.01 as shown on the Tax Map of the Township of Wantage, located at Rose Morrow Road in the Residential Environs 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 granted strictly in accordance with the plat prepared by Eric R. Smart, P.L.S., and/or as same may be modified in consultation with the Board Engineer pursuant to this Resolution.
3. This approval is subject to the Applicant complying with all terms and conditions of the Board Engineer's report 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. Road Trust Fund contribution as determined by the Board Engineer's report.
6. 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.
7. 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.
8. Certificate that taxes are paid to date of approval.
9. Sussex County Planning Board approval, if necessary.
10. 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:  DeBoer, Bono, Cecchini, Gill, Grau, Slate, Smith.
THOSE OPPOSED:  None.  MOTION CARRIED.

L-17-2006 PATRICK B. KELLY

Mr. Grau made a motion seconded by Mr. Bono to adopt the resolution memorializing the Board’s decision of January 23, 2007 granting minor subdivision approval to Patrick B. Kelly for Block 123, Lot 5.01 as shown on the Tax Map of the Township of Wantage, as well as Block 37.01, Lot 1 as shown on the Tax Map of the Township of Frankford, located on Beemer Church Road (County Route 637) and Haggerty Road (County Route 635), located in the Residential Environs Zoning District requesting minor subdivision approval with ancillary "c" 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 granted strictly in accordance with the plans prepared by

B.M. Paul Land Surveying and Planning as revised through June 23, 2006 and/or as same may be revised in consultation with the Board Engineer pursuant to this Resolution.

1. This approval is subject to the Applicant complying with all terms and conditions of the Board Engineer's report dated January 3, 2007 and/or as same may have been modified at the time of the hearing.
2. This approval is subject to the Applicant complying with the Road Trust Fund obligations as indicated in the Board Engineer's report.
3. This approval is subject to the Applicant complying with all terms and conditions of the Affordable Housing Ordinance of the Township of Wantage.
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 providing the Board Attorney and Board Engineer with the proposed Deeds and Easements for 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:  DeBoer, Bono, Cecchini, Grau, Slate, Smith.
THOSE OPPOSED:  None.  MOTION CARRIED.

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

Mr. Cecchini stepped down from the dais and took his place at the applicant’s table.

Attorney Kienz stated that since there was equipment malfunction at the last meeting when Mr. Cecchini’s application was approved, he wanted to take a few minutes to go over the details of this application with the applicant in order to have a record of it, as required by the Law.

Mr. Kienz reminded Mr. Cecchini that he was still under oath.  He asked Mr. Cecchini if he had reviewed the resolution prior to the meeting and if he agreed with everything that was stated in the resolution.  Mr. Cecchini answered affirmatively to both questions.  Mr. Kienz asked if there was anyone from the public present on this applicant.  There was no one from the public present on this application.  Mr. Kienz wanted to note, for the record, that there was an interested party at the last hearing.  However, no one testified for or against this application.

Mr. Kienz proceeded to review the findings of fact on the resolution.  He stated that the applicant had filed an application for preliminary and final site plan approval to expand his auto body business.

Mr. Kienz then suggested that since there was no record of the previous meeting and the majority of the members who voted on the applicant were present tonight, if the Board so decided, the approval date could be changed to today.  He added that there was no prejudice to anyone since no one came forward on this application.

Mr. Grau made a motion seconded by Mr. Bono to adopt the resolution memorializing the Board’s decision of February 20, 2007 granting approval to Michael Cecchini (d/b/a Country Classic Auto Body) for Block 116, Lot 10.05, as shown on the Tax Map of the Township of Wantage located at 76 County Route 639, Wantage, New Jersey in the McCoy's Corner Village Zone, requesting land use relief as follows:

1. Preliminary site plan approval is granted pursuant to N.J.S.A. 40:55D-46;
2. Final site plan approval is granted pursuant to N.J.S.A. 40:55D-50;
3. Ancillary "c" variance relief in connection with Wantage Township Ordinance Sections 13-19.3.A.1 and 3 and Section 13-19.3.A.10 is hereby granted pursuant to N.J.S.A. 40:55D-70(c); and
4. Waivers are granted from the Township of Wantage Ordinance in regard to the submission of a Landscaping Plan prepared by a certified landscape architect; the submission of a Environmental Impact Statement; the submission of a Facility Impact Report and a temporary waiver is granted in regard to a letter certifying conformance to the preliminary plat by Applicant's engineer.

1. The development of this parcel shall be implemented in accordance with the plans submitted and approved.
2. This approval is granted strictly in accordance with the site plan prepared by Maser Consulting, P.A., dated October 29, 2006 and revised January 17, 2007, consisting of five (5) sheets and any subsequent revisions thereto as approved by the Land Use Board and Board Engineer.
3. This approval is granted in accordance with plans dated October 12, 2006 consisting of two (2) sheets in regard to the pole barn addition for Cecchini prepared by KSM Engineering, P.C. and any subsequent revisions thereto as approved by the Board Engineer and the Land Use Board.
4. The Applicant shall comply with all terms and conditions contained in the Board Engineer's Review Report prepared by Harold E. Pellow, P.E., L.S. dated February 12, 2007.
5. The granting of this application is subject to and conditioned upon the Applicant receiving Wantage Township Soil Erosion and Sediment Control approval.
6. The granting of this application is subject to and conditioned upon the Applicant receiving Sussex County Planning Board Department approval.
7. The granting of this application is subject to and conditioned upon the Applicant's compliance with the Township of Wantage COAH Ordinance, as applicable in regard to this development application.
8. The granting of this application is subject to and conditioned upon the Applicant submitting to the Land Use Board a letter from Applicant's engineer certifying conformance to the preliminary plat, which shall be subject to the review and approval of the Board Engineer.
9. 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.
10. 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.
11. Certificate that taxes are paid to date of approval.
12. New Jersey Department of Environmental Protection approval, if required.
13. Sussex County Planning Board approval, in required.
14. 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:  Space, DeBoer, Bono, Mylecraine, Grau, Slate, Smith.
THOSE OPPOED:  None.  MOTION CARRIED.

Mr. Grau asked if the vote tonight took care of both the approval and the resolution.  Mr. Smith replied affirmatively.

L-14-2006 STEVEN LANG

Continued public hearing.  The applicant is seeking preliminary and major final major subdivision approval to subdivide 21.58 acres into four lots.  The property is known as Blk. 152, Lot 9 and is located on Ramsey Road in the RE zone.

Attorney Michael Gaus appeared before the Board on behalf of the applicant.  He stated that with respect to application L-14-2006A for the minor subdivision listed on the tonight’s agenda, that application had been withdrawn and the applicant wished to proceed strictly with the application for the major subdivision.  He made a brief account of the discussions at the January 16th meeting when it was decided that the public would be given the opportunity to seek legal counsel if they so wished and for the Board to conduct a site inspection which took place on January 31, 2007.  Mr. Gaus stated that the applicant did not have anything else to present.

Attorney Debbie Nicholson representing Dr. Arnold, an adjoining property owner and objector, stated as a point of order, that the taxes on this parcel were not up to date and she brought up the court order issued.  Mr. Gaus stated that the court order stated that the property owner was required to pay the taxes and the applicant was required to pay his share of the taxes.  Ms. Nicholson proceeded to give copies of the tax receipts to Mr. Kienz.  It was explained that the taxes have to be up to date when the application is submitted and is deemed complete.  Since this is not a new application and the first quarter taxes just became due, the requirement was fulfilled when the application was first submitted.

The meeting was opened to the public for new information.  Mr. Jim Barta, previously sworn in, discussed issues with power lines that look kind of low and concerns with them being too low for the driveways, concerns with the number of trees that are going to be taken down, the impact on the creek that runs on the property, the condition of the roadway to support emergency vehicles, terrain too steep, also Wantage wanting open space and the value of their homes going down due to more building.  Attorney Nicholson asked if the Board could address a report on the findings following the site inspection.  She summarized the issues that Dr. Arnold was concerned with:  School bus turnaround, multiple severe auto accidents, emergency vehicle turnaround, safety issues.

The meeting was closed to the public and opened to the Board.  Mr. Smith asked if possibility on Lot 9.02 driveway entrance to clear an area for an easement if needed for a potable water container to fight a fire, work out the size with Mr. Pellow.  Mr. Smith stated that the school issue is a school issue and that there are certain roads in the township that school buses are not allowed on and the parents have to take the children to a bus stop.  He did not observe any issues during the site walk.  Ms. Mylecraine asked if the bus not picking up on street gets disclosed to potential buyer.  Mr. Cecchini stated that the homebuyer should research; he added that he would have liked to see the remaining of the Ramsey estate stay open but he feels that everyone has the right to develop their property according to the ordinance and within the guidelines.  Mr. Grau said he thought the street is wet and steep, and being a hunter he understands Mr. Arnold, the new house would be too close to the property line. Mr. Cillaroto said he intentionally brought a commercial vehicle to the site and he felt the road was ok. Mr. DeBoer asked if the money being collected for Road Trust Fund could be used to improve that road.  It was discussed that the issue was not under the jurisdiction of this Board.

Mr. Cecchini made a motion seconded by Mr. Slate to approve this application subject to the conditions on Mr. Pellow’s report, subject to taxes being paid, clearing for fire trucks, and to make adjustments on the utility lines if needed.

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

Mr. Bob Eckstein and Mr. Joseph Turro of Brink Road Builders discussed a property on Route 565.  The applicants are considering building between 12 and 17 single family homes.  Their question was if the property, now zoned ML, could be changed back to residential.  They purchased another 15-acre lot which will be used for access from Route 565.  The Board suggested they file for a D variance.  The Board suggested they speak to Mr. Jim Doherty regarding COAH monies that they paid a few years ago so they can get some guidance before they file the application.

Mr. & Mrs. Schetting got site plan approval with a “C” variance in August of 2002.  Their COAH obligation was discussed.  They are advised to talk to Mr. Jim Doherty about their obligation.  Mr. Kienz suggested requesting an extension to be handled at the next meeting.

Mr. Nick Frasche of the Wantage Construction office suggested that the Construction Department be allowed to grant approval for a shed to be placed in the front of a property, providing that it is a portable unit, that it meets certain criteria such as set back distance off the road, certain height.  Sheds for commercial storage purposes would be considered as well.  It was discussed that Mr. Frasche would put something together for the Board to consider.

GENERAL

Mr. Smith attended an open space meeting of the Morris Land Conservancy.  Their proposal to the Township committee to do an Open Space Plan was discussed.  Feedback from the Land Use Board is needed.  The general consensus was that it was a good idea to have someone who has the experience to prepare such a plan.

Mr. Smith thanked Ms. Joanne Kanapinski for a job well done.  Ms. Kanapinski will be retiring from her duties as Land Use Board Secretary.

ADJOURNMENT

Respectfully submitted,
Stella Salazar
Assistant Secretary