July 17, 2007

A regularly scheduled meeting of the Wantage Township Land Use Board was held on Tuesday, July 17, 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. The meeting was properly advertised and noticed to the public.

ROLL CALL
PRESENT: Mssrs. Bono, Cecchini, Grau, Hough, Space, DeBoer, Slate, Smith, Cillaroto. Mmes. Gill, Mylecraine, Kanapinski. Attorney Bryant Gonzalez, Engineer Harold Pellow, Construction Official Ed Vanden Berg. ABSENT: None.

RESOLUTIONS

L-10-2007 JOHN J. VANDYKE

Mr. DeBoer made a motion seconded by Mr. Grau to adopt the resolution memorializing the Board’s decision made on June 19, 2007 to approve the house addition and deny the deck application of John J. VanDyke for Block 152, Lot 7.05 as shown on the Tax Map of the Township of Wantage, located at 85 Snover Road in the R-5 Zone, requesting "c" variance relief pursuant to N.J.S.A. 40:55D-70(c), for the house addition but not the deck subject to the following terms and conditions:

1. The development of this parcel shall be implemented in
2. accordance with the plans submitted and approved.
3. This approval is subject to all conditions outlined in the Board Engineer's report dated May 7, 2007.
4. This approval is subject to the Applicant submitting an as built plan to the Building Department prior to a Certificate of Occupancy being issued.
5. This approval is subject to Chairman Smith's comments from the site visit.
6. 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.
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: Grau, Kanapinski, Hough, Space, Smith.
THOSE OPPOSED: None. MOTION CARRIED.

APPLICATIONS

L-15-2007 565 LAND DEVELOPMENT, LLC

The applicant is seeking minor site plan approval 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 Michael Gaus appeared before the Board on behalf of the applicant.

Attorney Gonzalez stated that since the property is located on two different zones, the application is technically a use variance and it has to be noticed as such. Mr. Gonzalez stated that he had discussed this issue with Mr. Michael Gaus, attorney for the applicant. Mr. Gaus advised Mr. Gonzalez that a formal application for a soil removal permit had officially been filed this week. It was discussed that it was in the best interest of the applicant to renotice for the use variance application as well as consolidate the soil removal permit application with the site plan application. Mr. Gaus stated that he did not agree with Mr. Gonzalez that a use variance was needed. He intends to file for an interpretation to protect his client’s rights and at the same time file for a use variance in the hope that everything will be filed on time so that everything can be heard together next month. They filed an application for the permit itself which goes to the town committee but under the procedures of the ordinance, the committee has the Land Use Board review that first so that it makes sense to review that at the same time that the land use application is reviewed.

Mr. Gaus asked the Board if they intended to do a site walk, would they consider doing that prior to the date scheduled for the hearing. A site walk was scheduled for Monday, July 30th at 4:00 p.m.,the Board will meet at the site, the hearing was scheduled for Tuesday, August 21, 2007. The applicant will renotice.

L-14-2007 DON MCGLEW

The applicant is seeking a variance for approval of two (2) existing sheds constructed in the front yard in front of the principal building. The property is known as Blk. 120, Lot 3.04 and is located on Pidgeon Hill Road in the R-1 zone.

Mr. Don McGlew appeared before the Board.

Attorney Gonzalez asked the applicant how was it that the sheds were constructed without seeking an approval. The applicant stated that he did not know that he needed board approval. The sheds are prefab. Applicant provided a picture that was supplied with the application.

Mr. Gonzalez stated that things have to be done in order, first get permission and then build. He then stated to the applicant that the Board has jurisdiction to tell him to take the sheds down. However, it is ultimately the Board’s decision.

The applicant stated that he placed the sheds in the front because the back of the property has a slope and is not suitable. The applicant stated that the sheds are used for horse turnout and the other one for hay storage and tack room.

It was discussed that there are other existing sheds in the neighborhood. Mr. Smith stated that he was going to ask a question when he reviewed the application at home but when he visited the site, he realized that almost the entire street has sheds in the front yard. Mr. Grau asked about the size of the lot. The applicant replied the property is 3.35 acres. Mr. Gonzalez asked the applicant if it was his testimony that having the sheds in the front of the property would not be detrimental to the zoning ordinance due to the fact that there are other sheds in the front of other properties in the neighborhood. The applicant replied affirmatively.

Chairman Smith opened the meeting to the public. James Gogs, 30 Pidgeon Hill Road stated that the horse corral is all dirt and when it rains the ground becomes a mess. He stated that he would like to see some grass to prevent soil erosion. Mr. Smith suggested to putting down some wood chip to stop the extra water. In reply to the above, the applicant supplied the Board with copies of a letter of violation issued to him by the NJDEP, dated September 20, 2005 and subsequent letter from the NJDEP dated January 11, 2006 notifying him that after a November 17, 2005 inspection of the site, the requirements contained in the notice of violation were satisfied and the violation was resolved. He also supplied the Board with a copy of another letter from the NJDEP dated January 22, 2007 following an inspection held on December 1, 2006 in response to a complaint received. The letter states that it appeared that no activities under the regulatory purview of the Bureau of Coastal and Land Use Compliance and Enforcement had occurred on the site at the time of the inspection.

The applicant supplied a picture of the neighbor’s driveway along the property line that shows the ditch, entered as Exhibit A1, taken by the applicant. The applicant stated that there were erosion problems prior to the visit from the DEP and that he had hay and seed put down.

There was no one else from the public wishing to come forward on this application. Mr. Hough stated that he is familiar with this area, he has seen the ditch and he does not think it interferes with the neighbor’s house. It was discussed that Mr. Pellow would review the drainage and make recommendations to correct any issues.

Mr. Hough made a motion seconded by Mr. Bono to approved the two existing sheds and subject to Mr. Pellow’s office reviewing the drainage and making recommendations.

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

L-6-2007 MATTISON J. COYKENDALL

The applicant is applying for a variance for an existing mother-daughter addition to his home. The property is known as Blk. 149, Lot 120.11 and is located on Medaugh Road in the Residential Environs zone.

Members DeBoer and Space stepped down as this application was for a use variance.

Mr. Mattison J. Coykendall appeared before the Board.

Attorney Gonzalez asked the applicant how was that this addition was built without seeking the approval of the Board. The applicant stated he had an approval for an addition. It was determined that the addition was a mother-daughter and that he needed a variance approval. The applicant supplied a set of four photographs of the addition with the application. The applicant added that he eliminated the closet from one of the bedrooms and created a bedroom and a kitchenette. Therefore, the number of bedrooms has not increased.

Mr. Gonzalez asked if his intention was not to rent it out. The applicant stated that the purpose of the addition was to have his mother-in-law live with them so she could be independent and at the same time they could care for her when needed. It was discussed that the addition is connected to the rest of the house and there is a door on the side of the addition to go outside and there is only one meter. Mr. Gonzalez stated that the applicant would have to file a new deed to indicate that the house is a mother-daughter, not a rental.

Mr. Pellow’s report was reviewed. Mr. Pellow indicated that the applicant should have the surveyor show the 20 x 20 size of the parking lot on the revised map.

There was no one from the public wishing to come forward on this application.

Mr. Cecchini stated that this type of situation was discussed before and that mother-daughter situations are favorable for quite a number of reasons.

Mr. Grau made a motion seconded by Mr. Cecchini to approve the mother-daughter subject to deed restriction and a revised map for the parking area.

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

L-5-2007 EDWARD BRANDS

The applicant is proposing to create one (1) lot and a remainder lot. The lot contains 1.818 acres. The proposed new lot will measure 20,000 sq.ft. and the remainder will contain 1.359 acres. The property is known as Blk. 17, Lot 18 and is located on County Route 565 in the NC zone.

Mr. Edward Brands appeared before the Board.

Mr Pellow’s report was reviewed. The applicant stated that he had submitted an application to the County for approval. Mr. Pellow indicated that items 3.01, 3.03, 4.07, and 4.11 have been taken care of. A common driveway and maintenance easement will be needed. Mr. Pellow stated that the revised map submitted shows Item #5, the common drive changed to 20 ft. wide, Item #7, the setbacks for Lot 18, and Item #8 eight parking spaces. For Item #6, the wall from Lot 18 that encroaches on Lot 18.01 will be removed, for Item #9, Road Trust Fund contribution does not apply, for Item #10, the applicant does not know yet what will be the use, Item #11, COAH fees will apply when someone builds on Lot 18.01 and it will be a condition of approval and Item #12, a steep slope located halfway through the proposed lot which will require special design will be addressed when a site plan is proposed.

There was no one from the public wishing to come forward on this application.

Mr. Grau asked if this lot was the one where the van was parked with a sign. The applicant stated that the lot with the van is the adjacent vacant lot.

Mr. DeBoer made a motion seconded by Mr. Slate to approve this application subject to Mr. Pellow’s report, subject to county approval.

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

L-34-2006 ERIC TURNQUIST

The applicant is seeking minor subdivision approval to create two (2) lots and a remainder lot from a 33.412-acre tract. The property is known as Blk. 142, Lot 14 and is located on Clove Road in the RE-5 zone.

Attorney Michael Gaus, Engineer Ken Dykstra, and Eric Turnquist appeared before the Board.

Exhibit A1, minor subdivision plat with some colors added dated 5/15/07 was introduced. Mr. Dykstra made a brief presentation of the application. He stated that proposed Lot 14.01 will be 10.370 acres, proposed Lot 14.02 will be 14.031 acres and the remainder Lot 14 will be 7.645 acres. Each lot will be served by a septic system and a well and each one will have its own driveway. A right of way dedication of 33 feet from the centerline, no variances are requested, and a Letter of Interpretation has been submitted.

Mr. Pellow’s report was reviewed. It was discussed that this application was previously submitted as a four-lot major subdivision and then it was downgraded to a three-lot minor subdivision. All three lots meet the area and dimensional requirements for the RE-5 zone and each lot contains in excess of the 20,000 square feet of contiguous non-constrained area. A deed is needed for the road widening of Clove Road. Road Trust Fund contribution of $1,800.00 per lot or $3,600.00 to be deposited prior the deeds being signed. The drives to be cleared and graded for proper sight distance and corner markers to be set prior to the deeds being signed. COAH requirements will apply. County approval and Letter of Interpretation have been submitted. The applicant shows a stormwater management basin for Lots 14.01and 14.02 and a stormwater infiltration acquifier for Lot 14. It was discussed that these structures would be maintained by the homeowners. Mr. Pellow stated that condition should be added to the deed.

There was no one from the public wishing to come forward on this application.

Mr. Smith stated that two of the driveways are too close together and suggested making a shared driveway for a small section. Mr. Gaus stated that the applicant prefers not to in order to avoid legal issues.

Mr. Grau made a motion seconded by Mr. Slate to approve this application subject to Mr. Pellow’s report, Item #10 and 11, wetlands and buffer areas to be conveyed as conservation easements to run with the land and Letter of Interpretation to be added to the map, and Item #15, the stormwater basin maintenance to be encompassed in the deed.

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

Mr. Gaus asked Mr. Gonzalez if it would be possible to have the resolution ready for the meeting on July 24th. Mr. Gonzalez stated he would let him know if could be ready.

L-13-2007 CHRISTIAN LEONE PROPERTIES I, LLC

The applicant is seeking minor subdivision approval to create two (2) lots and a remainder lot from an 80.867-acre tract. The property is known as Blk. 1.02, Lot 8 and is located on New Jersey State Highway 284 in the RE-5 zone.

Attorney Michael Gaus and Engineer Ken Dykstra appeared before the Board.

Exhibit A1, “Affordable Housing Alternative” supplemental plan submitted to the board last week was introduced. The purpose of the duplex dwelling to provide affordable housing for the two new lots and also for the 13-lot subdivision approved last month. The affordable housing duplex is proposed on remainder lot 8 which will be 5 acres, Lot 8.02 will be 67 acres, and Lot 8.01 will be 8.26 acres.

The frontage of the property is Route 284 which is a state highway. The applicant has applied for and obtained permits for all three driveways. The applicant filed for well permits and they are in the process. Variance for contiguous non constrained land located on the affordable housing lot, lot has 11,200 sq.ft. The back part of the lot is being regarded, a garage is being proposed under the dwelling , septic will be in the front outside of that area. No accessory structures are proposed in the back since it is affordable housing. Mr. Dykstra indicated that there are some wetlands in the back of proposed Lot 8.02 and that Mr. Leone might consider donating or selling some of the unusable property to the state.

Mr. Pellow’s report was reviewed. Items 1.09 and 3.01 have been taken care of. Item 3, County approval was submitted. Grading is needed to the north of Lots 8.01 and 8.02 to obtain the proper sight distance for the common driveway. Driveway permits will be needed from the DOT and from the Township of Wantage. A stormwater management basin is proposed on Lot 8.01 to receive stormwater runoff from proposed Lots 8.01 and 8.02. A proposed infiltrator has been shown for accepting water runoff from the driveway on remainder Lot 8. Mr. Gaus stated that the individual lot owners would maintain these. A copy of the Letter of Interpretation was submitted, Road Trust Fund deposit in the amount of $1,650.00 per lot or $3,300.00 and COAH obligation will apply.

Mr. Smith opened the meeting to the public. Mr. Jeffrey Kuchta of 383 Route 284 is an adjoining neighbor. Mr. Kuchta expressed concern with the location of the driveways. He stated that there is not enough view. Mr. Dykstra stated that the applicant proposed 475 ft. sight distance as required by the ordinance. It was discussed that the applicant already received approval from DOT.

There was no one else from the public wishing to come forward on this application. The public portion of the meeting was closed and opened to the Board. Ms. Kanapinski asked if the Board could do a site walk to observe the situation and offer some suggestions. The site walk was scheduled for Monday, July 23rd at 4:00 p.m. Ms. Mylecraine asked if the affordable housing would be rental or sale. Mr. Dykstra indicated that if had not been decided yet.

Mr. Cecchini made a motion seconded by Mr. Grau to approve this application subject to Mr. Pellow’s report and the recommendations following the subcommittee’s visit to the site.

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

Mr. Gaus requested if possible to have the resolution adopted at the July 24th meeting. Mr. Gonzalez stated that he would try to have it ready.

Mr. Smith asked if there was anyone from the public wishing to express any concerns or make comments. There was no one.

Mr. Vanden Berg stated that in the case of shared driveways, it might be better to have individual driveways next to each other as shared driveways sometimes cause neighbor disputes.

ADJOURNMENT
On a motion duly made seconded and carried, the meeting was adjourned at 9:10 p.m.

Respectfully submitted,
Stella Salazar
Assistant Secretary