January 16 , 2006

A regularly scheduled meeting of the Wantage Township Land Use Board was held on Tuesday, January 16, 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, Cecchini, Cillaroto, Grau. Mmes. Kanapinski, Mylecraine, Gill. Attorney Glenn Kienz, Engineer Harold Pellow.

REORGANIZATION

Attorney Kienz was designated to conduct the reorganization portion of the meeting. Board members DeBoer, Slate, Space, Gill, Mylecraine and Kanapinski were administered the oath of office.

Mr. Grau made a motion seconded by Mr. DeBoer to nominate Mr. James Smith as Chairman of the Land Use Board for 2007. A voice vote was unanimously in favor.

Mr. Space made a motion seconded by Mr. Grau to nominate Mr. Ronald Slate as Vice Chairman of the Land Use Board for 2007. A voice vote was unanimously in favor.

Mr. Slate made a motion seconded by Mr. Grau to nominate Mr. Harold Pellow and the firm Harold Pellow & Associates as Engineer of the Land Use Board for 2007. A voice vote was unanimously in favor.

Mr. Cecchini made a motion seconded by Mr. Grau to nominate Ms. Joanne Kanapinski as Secretary of the Land Use Board for 2007. A voice vote was unanimously in favor.

Mr. Grau made a motion seconded by Mr. DeBoer to name the New Jersey Herald and the Sunday Herald as the official newspapers of the Land Use Board for 2007. A voice vote was unanimously in favor.

It was noted that the nomination of Mr. Glenn Kienz as Attorney for the Land Use Board for 2007 will take place at the next meeting on January 23, 2007. The decision was made due to the political contribution statement not being in the office 10 days before the meeting as required.

The meeting dates for the Board were designated as the third and fourth Tuesday of each month in 2007, except April and December, as the meeting dates of the Land Use Board. The dates are as follows: January 23, February 20 and 27, March 20 and 27, April 24, May 15 and 22, June 19 and 26, July 17 and 24, August 21 and 28, September 18 and 25, October 16 and 23, November 20 and 27, December 18, January 15 and 22, 2008.

Mr. Cecchini made a motion seconded by Mr. Bono to approve the aforementioned dates. A voice vote was unanimously in favor.

The committees will remain the same as last year.

INFORMAL

Mr.Willard DeGroat appeared before the Board with Mr. Steve Cruz, a prospective buyer for 50 of his 84-acre property. They wanted to find out what would be involved in the process of Mr. Cruz acquiring the property. Mr. Smith explained that other than the normal procedure of subdividing the property there was the issue of the Road Trust Fund. A discussion followed regarding the unimproved road. Mr. Cruz was under the impression that it was an abandoned road and he wondered to what extent would he be held liable for improving it. Mr. Kienz explained that he would be responsible for improving the road at least to his driveway for safe access of emergency vehicles. The Board informed Mr. Cruz that the road was not abandoned but in fact was just not an improved road. Mr. Cruz asked if the town would consider deeding the road to him. The Board stated that he can address the matter with the governing body and they will decide. He was also informed that no matter who the road belongs to, he will be expected to bring it up to standards.

The general consensus of the Board was that it would be in Mr. Cruz’ best interest to seek professional guidance from an attorney and a surveyor in order to accomplish the 50-acre subdivision as well as the issues having to do with the road to access the property.

APPROVAL OF MINUTES

Mr. Space made a motion seconded by Mr. Cecchini to approve the minutes of December 19, 2006.

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

APPLICATIONS

L-14-2006 STEVEN L. LANG

The applicant is seeking major subdivision approval by subdividing 21.58 acres into four lots. The property is located on Ramsey Road and is known as Blk. 152, Lot 9 in the RE zone.

Attorney Michael Gaus and Engineer Kenneth Dykstra appeared before the Board on behalf of the applicant.

The professionals made a presentation of the application. Mr. Dykstra entered Exhibit A1, color rendering Page 3 of 10 of the “Preliminary and Final Subdivision Plans” revised 11/21/06. Mr. Dykstra stated that no variance relief is necessary. He then made reference to Mr. Pellow’s comments on his report dated August 9, 2006 where he recommends a larger radius be conveyed to the Township for future realignment of Ramsey Road. Mr. Dykstra stated that the applicant had no objection to doing so. This however, would cause proposed lot 9.01 to be less than 5 acres. Mr. DeBoer asked if the piece of land were given to the Township who would maintain that piece of property. Mr. Kienz stated it would be the Township’s responsibility. However, for the moment, the Township would reserve the right to use that tract.

Mr. Pellow’s report of August 9, 2006 was reviewed. It was discussed that the applicant now has the L.O.I, wetlands buffer has been established, drainage improvements to show when they come in for individual building permits, sight distances, slopes COAH obligation, Road Trust Fund and a waterline easement to be conveyed to the Borough of Sussex.

The meeting was opened to the public. Kurt Arnold lives on the 84 acre farm next door. He feels that he is being asked to give up some rights as he will not be at liberty to do some of the things he has been doing. He will not be able to hunt. The law says that you cannot hunt within 450 ft. of a house unless you have written permission from the property owner. He also feels that if three more homes are going to be built there should be road improvement so that the school bus can go up the road and pick his children up. He has issues with stormwater. Mr. Dykstra indicated that as per requirements by the New Jersey Stormwater Management rule to reduce the runoff rates, infiltrate and treat the water for quality; all three issues have been addressed. He asked the Board to consider carrying this application to a future meeting so that he can have some time to have his attorney review this application. Jim Barta, 45 Ramsey Road, 20-acre property, stated that he has the same concerns that Mr. Arnold has. Mr. Barta stated that the Township has tried oil & stone to solidify road and the road is very bad. He feels that additional 3 houses will create a lot of trouble. He stated that since he is a hunter as well, he will be affected by the house being built across the street and any other owners who live there. He also stated that the land being deeded to the Township is wetlands. He also stated that his property is at the bottom of the site and will be affected by drainage. He has a concern about his handicapped three-year old, who does not get picked up by the bus.

The public questioned the fact that they did not receive their registered letters with notice of the hearing until a few days prior. Mr. Kienz stated, for the record, that the applicant’s notices went out on January 4th which is in conformance with the municipal land use law requirements. Both members of the public requested they be given more time to prepare their arguments.

The meeting was closed to the public. Mr. Smith asked Mr. Dykstra to discuss how the water runoff is being handled. Mr. Cillaroto asked if this development would actually improve the runoff down to the other properties. Mr. Dykstra stated that it would in fact reduce the runoff.

The Board decided that a site inspection was necessary. The Board decided to carry this application to the February 27, 2007 meeting to allow time for a site walk. The date for the site walk will be decided at the next meeting of January 23, 2007 as some of the Board members did not have their calendars with them.

The members of the public asked if they could attend the site walk. Mr. Kienz and Mr. Smith explained that they were welcome to attend. However, they were not allowed to speak to the Board members or ask questions.

The members of the public suggested bringing bus service to pick up their children. Mr. Smith explained that it is not the Board’s jurisdiction. He went on to say that the issue is entirely up to the School Board to make a decision and that there are roads throughout the Township that school buses are not allowed because of steep slopes or the inability of the school bus to make a safe turn around.

Mr. Lang is proposing to create a 15-acre lot with a remainder lot of 6.303 acres as Phase I of the Major Subdivision.

Mr. Dykstra introduced Exhibit A2, “Minor Subdivision Plot”, dated January 4, 2007.

Mr. Pellow’s report dated January 10, 2007 was reviewed and discussed.

The meeting was opened to the public.

Mr. Jim Barta expressed concern about his child and the additional traffic on Ramsey Road. He was concerned that with the building of more homes his handicapped son might get into one of the drainage areas. Mr. DeBoer asked about his opinion on emergency vehicles going up the road. Mr. Barta stated that he did not think that the fire truck would be able to turn around.

Mr. John Hannigan, owner of the property, came before the Board and stated that wanted to retain his right with minor subdivision until the end of the meeting. He stated he did not know anything about the minor subdivision. He stated that he signed consent for the major but not the minor.

Mr. Gaus stated that the information had been sent to Mr. Hannigan’s attorney with all documentation. He asked to move on the minor, he stated that the matter had been settled in court but if they had to go back to court they would.

Mr. Kienz suggested arranging a telephone conference with Mr. Hannigan’s attorney and Mr. Gaus. It was decided that the minor subdivision would be carried to the next meeting of January 23, 2007.

Mr. Smith made a motion seconded by Mr. Grau to carry the major subdivision application to the February 27 meeting, to carry the minor subdivision to the January 23 meeting and to schedule a date for the site walk on the major at the January 23 meeting.

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

Mr. Smith made a clarification on the ordinance concerning the R5 zone and the contiguous area in certain parts of the ordinance. Mr. Pellow made a review of the ordinance which in essence indicates that the house has to be located within the building envelope of 20,000 sq.ft. Mr. Smith made a motion seconded by Mr. Grau reestablishing the ordinance to go to the committee. All in favor. MOTION CARRIED.

Mr. Smith stated that during the previous meeting of the Board, an issue was raised on sign post, curb cuts, and mail boxes. Mr. Pellow sent a letter to the adjoining development indicating that they had not met the original approval because they did not have handicap curb cuts and that they have to take out the sidewalks and start over again.

Ms. Kanapinski reminded the Board members that they have to take a mandatory class. Ms. Kanapinski will provide the members with a breakdown of the classes and the members will decide at the next meeting which classes they can attend.

Mr. Smith informed the Board that the state meeting with the heads of the various agencies that was being considered does not seem to be happening. He stated that the various agencies would be notified.

COMMENTS FROM THE PUBLIC

None.

ADJOURNMENT

On a motion duly made seconded and carried, the meeting was adjourned at 9:30 p.m.

Respectfully submitted,

Stella Salazar
Assistant Secretary