January 23 , 2007

A regularly scheduled meeting of the Wantage Township Land Use Board was held on Tuesday, January 23, 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, Slate, DeBoer, Bono, Hough, Cecchini, Cillaroto, Grau. Mmes. Kanapinski, Gill, Attorney Glenn Kienz, Engineer Harold Pellow.
EXCUSED: Mr. Space, Ms. Mylecraine.
ABSENT: None.

NOMINATION OF ATTORNEY

Mr. Grau made a motion seconded by Mr. Hough to nominate Attorney Glenn Kienz of Weiner Lesniak LLP as Land Use Board Attorney. A voice vote was unanimously in favor.

RESOLUTIONS

APPLICATIONS

L-14-2006A STEVEN LANG

There are some issues on this application that have to be worked out. The applicant has requested that the Board hold a special meeting or that the application be carried to the February 27 meeting. Mr. Kienz explained to the Board members that there are contractual disputes and asked for permission to continue talking to the applicant on issues concerning this application. A site walk was scheduled for Wednesday 1/31 at 3:30 p.m. The Board members will meet at the municipal building. Mr. Kienz reminded the public for the record, that they are allowed to attend. However, no questions from the public will be allowed. Ms. Kanapinski will notify the applicant of the site walk date.

Mr. DeBoer made a motion seconded by Mr. Bono to carry the application to the February 27, 2007 meeting, no further public notice required.

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

The applicant is proposing to create a minor subdivision to create one (1) lot and a remainder lot. The proposed lot is a 5-acre “severable exception” creation pursuant to a farmland preservation agreement with Sussex County. The 228.9 acre remainder parcel is designated for farmland preservation. The property is known as Blk. 39, Lot 2.01 and is located on Rose Morrow Road in the Residential Environs zone.

Attorney William Hinkes and Surveyor Eric Smart appeared before the Board.

Mr. Pellow’s report was reviewed and discussed. It was discussed that waivers are needed for completeness items: Mr. Pellow recommends they all be granted. When discussing item 4 on page 3, Mr. Smart indicated that the slopes are out of the building envelope. Mr. Pellow indicated that a waiver for sight distance would be needed.

Attorney explained that in the midst of processing the application, Ms. Dreisbach sold the mother tract to Paul and Joy Tallamy, reserving unto herself the right to subdivide the lot that is the subject of this application. The new owner’s authorization for the application to proceed as has been submitted.

Mr. Smart indicated that when the application with the farmland was first started, part of the road was never preserved so it can be dedicated without an easement. Mr. Smart stated that the applicant is prepared to do that.

Road Trust Fund to be paid prior to deed being signed. COAH obligation prior to building.

The meeting was opened to the public. There were no members of the public wishing to address the Board on this application. The public portion was closed and the meeting was opened to the Board. Mr. Hough asked why 5 acres were reserved if not all of the 5 acres were buildable. He wondered why didn’t just the buildable lot was preserved for example 1 acre and then put the other 4 into the farmland preservation. Mr. Kienz explained that it was better to create a conforming lot for financing issues.

Jack Dreisbach, Ms. Julia Dreisbach’s son testified. He stated that there is access from Rose Morrow Road off of lot 2.04 and 2.05. There is access also off of Central School Road.

Mr. Grau made a motion seconded by Mr. Cecchini to approve this application subject to the conditions on Mr. Pellow’s report.

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

Applicant is proposing a minor subdivision to create three (3) lots and a remainder lot. The proposed lots range in size from 11.243 acres to 11.759 acres. The remainder lot is proposed to contain 128.616 acres and is currently in the farmland preservation program. A 1.090 acre portion of the remainder lot (Blk. 37.01, Lot 1) is located within Frankford Township. A 5.0 acre severable residential exclusion area exists on the remainder lot surrounding the existing dwelling. The subject property is 163.283 acres and is known as Blk. 123, Lot 5.01, Wantage, Blk. 37.01, Lot 1, Frankford Township and is located on Beemer Church Road (CR 637) & Haggerty Road (CR 635) in the Residential Environs zone.

Attorney William Hinkes, Engineer Howard Bach and Professional Planner Michael Paul appeared before the Board on this application.

The applicant is requesting variances for lot frontage for proposed Lot 5.06 which is 50.02’ wide and Lot 5.07 which is 182.40’ wide. The access for proposed Lots 5.05, 5.06 and 5.07 is proposed as a common driveway over Lot 5.06 accessing CR 635. The Sussex County Department of Engineering and Planning has approved the proposed subdivision subject to access to CR 635 being limited to one location for all three (3) proposed lots. The professionals explained that access is not possible from Beemer Road as the proposed lots do not have frontage on Beemer Road; the drive would be too long and it would have to go through the farmland preserved area and there are wetlands in the farmland preserved area.

Mr. Hinkes stated that he feels the request should be granted since a large piece of that property is designated for farmland preservation, they are creating three (3) large lots and the county approval for one access only. He pointed out that another option would involve creating a cul-de-sac for access to all three lots.

Mr. Pellow’s report was reviewed and discussed. It was discussed that this project would be subject to the Road Trust Fund and the COAH obligation.

Mr. Smith opened the meeting to the public. A member of the public questioned the 50 ft frontage of proposed Lot 5.06, the access to all three lots. Mr. Paul explained that the lot was created to be the area of mutual obligation and that making it wider would just create a larger area of mutual obligation. There was a discussion concerning making two lots with no variances instead of three. Mr. Hinkes explained that creating two lots would not be in the applicant’s best financial interest. The applicant, Mr. Kelly, who at this time was sworn in, stated that he wants three (3) houses, that he knows the neighbors and he always got along with everybody, that he is just trying to get some money back on the property and that he is trying to leave the place looking better than he found it.

Mr. Smith explained the Board’s options: Do a site walk if needed, approve the one driveway without having the Township incur more obligations, or a possible for a cul-de-sac with future Township obligations.

It was discussed that a motion would be to approve, subject to the conditions on Mr. Pellow’s report, subject to the applicant changing item #5, Sheet 3 of the plans to recognize the building lot, obtaining driveway permits and no further development of the property.

Mr. Grau made a motion seconded by Mr. Slate to approve this application subject to the conditions stated above.

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

A subcommittee meeting scheduled for Thursday, January 25th at 9:00 a.m. at the municipal building was discussed.

ADJOURNMENT

Respectfully submitted,

Stella Salazar
Assistant Secretary