JUNE 19, 2007

ROLL CALL
PRESENT: Mssrs. Bono, Cecchini, Grau, Hough, Space, DeBoer, Smith. Mmes. Kanapinski, Mylecraine, Attorney Glenn Kienz, Engineer Cory Stoner.
ABSENT: Mme. Gill, Mssrs. Slate, Cillaroto.

Mr. Grau arrived at 7:35 p.m. Mssrs. Space and DeBoer left at 8:25 p.m.

RESOLUTIONS

L-42-2005 PLEASANT ACRES CAMPGROUND

Mr. Grau made a motion seconded by Mr. DeBoer to adopt the resolution memorializing the Board’s decision made on May 22, 2007 to approve the application of Pleasant Acres for Block 139, Lots 22.01, 22.02 and 22.03 as shown on the Tax Map of the Township of Wantage, located at 61 DeWitt Road in the R-5 Zone, requesting a use variance with associated setback variances and preliminary and final site plan approval for the as built part of the application as well as preliminary site plan approval for the additional 210 parking spaces pursuant to N.J.S.A. 40:55D-46, N.J.S.A. 40:55D-50 and N.J.S.A. 40:55D-70(c) and (d), subject to the following terms and conditions:

1. Before final site plan will be given, a detailed plan showing future sites shall be presented to the Board.
2. This approval is granted subject to the Applicant complying with the terms and conditions of the Board Engineer's report dated May 1, 2007.
3. This approval is granted subject to the Applicant obtaining an LOI and submitting it to the Board.
4. This approval is granted subject to the Applicant providing the following plans to the Board: sewer, soil erosion plans, location of the pumping station, road layout, sewer layout.
5. This approval is valid for a period of three (3) years from the date of memorialization.
6. A final plan showing the location of all 500 parking spots is to be submitted to the Board before final site plan.
7. 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.
8. 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.
9. Certificate that taxes are paid to date of approval.
10. Sussex County Planning Board approval, if necessary.
11. 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: Bono, Grau, Hough, DeBoer, Smith.
THOSE OPPOSED: None. MOTION CARRIED.

L-19-2006 MICHAEL PELLEGRINO

Mr. Grau made a motion seconded by Mr. Hough to adopt the resolution memorializing the Board’s decision of May 15, 2007 to approve the application of Michael Pellegrino for Block 69.01, Lot 38 and Block 69.02, Lot 41, as shown on the Tax Map of the Township of Wantage located on North Shore Drive in the R-2, requesting ancillary "c" variance relief under the Municipal Land Use Law pursuant to 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 map prepared by RHJ Associates, dated March 7, 2007 and/or as same may be revised in furtherance of the hearing in this matter and/or in consultation with the Board Engineer.
3. This approval is subject to the Applicant complying with all terms and conditions of the Board Engineer's report dated August 2, 2006, revised April 5, 2007 and/or as same may have been revised at the time of the hearing.
4. This approval is subject to the Applicant providing the information required in the Board Engineer's report specifically Checklist Item 2.08, Checklist Item 3.01, Item 7 and Item 11.
5. This approval is subject to the Applicant complying with the Township Driveway Ordinance and thereby submitting an application to the Building Department for a driveway building permit as well as showing the driveway on the revised plans to be submitted.
6. This approval is subject to the Applicant providing mitigation for stormwater impacts such as drywells for the roof and driveway runoff.
7. This approval is subject to the merger of the two lots that form the Subject Property. The Applicant shall submit a proposed Deed for that purpose to the Board Attorney and Board Engineer for review and approval.
8. 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.
9. 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.
10. Certificate that taxes are paid to date of approval.
11. Sussex County Planning Board approval.
12. 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, Hough, Space, DeBoer, Mylecraine, Smith.
THOSE OPPOSED: None. MOTION CARRIED.

L-11-2007 JEFFREY PARROTT

Mr. Grau made a motion seconded by Mr. Bono to adopt the resolution memorializing the Board’s decision of May 22, 2007 to approve the application of Jeffrey M. Parrott for Block 21, Lot 23, as shown on the Tax Map of the Township of Wantage located at 146 Route 284, in the R-5 Zone, requesting "c" variance relief pursuant to N.J.S.A. 40:55D-70(c), 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 subject to all conditions outlined in the Board Engineer's report dated May 10, 2007.
3. This approval is subject to the Applicant providing a letter from the New Jersey Department of Transportation confirming that the drive access existed and the DOT does not have to issue a permit.
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. 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.
6. Certificate that taxes are paid to date of approval.
7. Sussex County Planning Board approval, if necessary.
8. 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: Bono, Grau, Kanapinski, Hough, DeBoer, Smith.
THOSE OPPOSED: None. MOTION CARRIED.

L-31-2006 CHRISTIAN LEONE PROPERTIES III, LLC

Mr. Grau made a motion seconded by Mr. Bono to adopt the resolution memorializing the Board’s decision of June 19, 2006 to approve the application of Christian Leone Properties III, LLC for Block 117, Lot 32.01, as shown on the Tax Map of the Township of Wantage located on Sussex County Route 565 in the R-5 Residential Environs and HC Highway Commercial Zones, requesting preliminary major subdivision approval pursuant to N.J.S.A. 40:55D-48, 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 subject to the Applicant's complying with all terms and conditions of the Board Engineer's report dated December 11, 2006 as same may have been modified at the time of the hearing.
3. 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.
4. A 10 foot snow plow easement will be added to the development.
5. An aquifer test and hydrogeologic report shall be submitted and reviewed.
6. The sight triangle easement on County Route 565 will be dedicated to Sussex County.
7. Payment to the Road Trust Fund Fee of $1,950.00 per new lot shall be made.
8. 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.
9. Certificate that taxes are paid to date of approval.
10. Sussex County Planning Board approval, if necessary.
11. NJDEP approval.
12. 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: Bono, Cecchini, Grau, Kanapinski, Hough, DeBoer, Smith.
THOSE OPPOSED: None. MOTION CARRIED.

APPLICATIONS

The applicant is proposing to construct a 20’ x 26’ addition to his house and he is seeking a variance to enlarge his pool deck. The property is known as Blk. 152, Lot 7.05 and is located on Snover Road in the R-5 zone. Continued from last month.

Mr. John VanDyke and Ms. Janice Matthews, applicant’s fiancée appeared before the Board.

Chairman Smith asked the applicant if following the last hearing, had there been a meeting with him and the objecting neighbor. Mr. VanDyke explained that nothing new had transpired in regards to a meeting. However, he did move the pool away from the property line making it compliant with the setback ordinance.

Mr. Smith stated that he did go out to the property to take a look and that Ms. Gill went as well. He confirmed that the painted footprint of the addition accurately depicted what he intended to do. Mr. VanDyke added that he brought in a photo of the painted footprint. The photo was introduced as exhibit A1. Mr. VanDyke stated that he also had other photos depicting the privacy between the two properties. Mr. VanDyke stated that he was planning to transplant some of the trees that are within the triangle in question for the addition to another side of the property where there is a slight open area and he has some evergreens growing. Mr. Kienz stated that subject of the view from the neighbor’s house was irrelevant in this case.

Ms. Matthews stated that the chimney is within the building envelope. The deck and the addition will require additional variance relief.

Attorney Anand Dash from Dolan and Dolan stated that he had not seen any attempts from the applicant to meet with the opposer and that his position is still the same as at the last hearing. No additional testimony was presented by Mr. Dash and his client.

There was no one else from the public. Opened to the Board. It was discussed that the deck will be parallel 24.5’ off the property line and the deck will be 12 ft. x 18 ft.

Mr. Grau made a motion to approve the deck and the addition as shown. There was no second on that motion so the Board decided to try the two variances separately. Mr. Grau made a motion seconded by Mr. Hough on the deck to maintain a 24.5’ set back off the property line, subject to Mr. Pellow’s report. Mr. Smith visited the site and he believes that with a 6 ft adjustment they can be within the ordinance and they could even wrap part of the deck around the pool which would enhance it. Mr. Grau asked why if he moved the pool why didn’t he move the deck. Mr. Kienz stated that it was the applicant’s choice.

ROLL CALL VOTE:
THOSE IN FAVOR: Grau, Hough, Space.
THOSE OPPOSED: Bono, Kanapinski, Smith. MOTION DENIED.

Mr. Grau made a motion seconded by Mr. Smith to approve the addition as presented, subject to Mr. Pellow’s report and subject to Mr. Smith’s comments.

ROLL CALL VOTE:
THOSE IN FAVOR: Grau, Kanapinski, Hough, Space, Smith.
THOSE OPPOSED: Bono. MOTION CARRIED.

Mr. Kienz stated that the Board voted to approve the addition and deny the deck.

Attorney Michael Gaus and Engineer Mr. Kenneth Dykstra appeared before the Board.

It was discussed that the COAH unit will be located on another property on Route 284 that is owned by the same applicant. The unit will be a condition of the resolution and if it is not possible, then the applicant will have to come back so the issue can be resolved. It will, however, not be a noticed public hearing. The issue of the detention basins was discussed. Mr. Kienz explained that a maintenance fee is in the process of being decided.

Mr. Dykstra explained that the primary change to the plans was that originally the subdivision was for 14 lots and it was revised to 13 based on the engineer’s assessment of the constraints and the road was realigned slightly to avoid a wetland process. A site walk was conducted on Monday, June 4th, as scheduled. Site walk comments were favorable and the Board found no issues to be addressed.

Exhibit A2 dated 6/19/07, a color picture of the subdivision, was entered for the record.

The meeting was opened to the public. There was no one from the public wishing to come forward. The meeting was opened to the Board. Mr. Cecchini stated for the record, that he attended the site walk and since he was not present at the last meeting, he did review the transcript so he would be able to vote on this application. It was discussed that a Certification by Absent Member was not available for Mr. Cecchini to sign, so Mr. Kienz swore Mr. Cecchini to attest that he did review the transcript. Mr. Cecchini will execute a notarized certification for the file.

Mr. Grau made a motion seconded by Mr. Bono to approve this application and the resolution with changes on the number of lots and the annexation of a small piece of land to Lot 32.02, and Road Trust Fund, subject to Mr. Pellow’s report and his review of the new plans and subject to the Retention Basin maintenance which will become part of a developer’s agreement, COAH contribution, COAH unit will be located on a parcel on Route 284 and if not possible the applicant will return to the Board for another location.

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

The Board took a short recess at 8:25 pm.

For the record, Mr. DeBoer and Mr. Space stepped down as both applications by this applicant deal with floor area ratio.

Attorney Tom Collins and Engineer Wayne McCabe appeared before the Board. The professionals explained that the property has two front yards, there is no rear yard, and that the septic will be on the Newman Road side. Exhibit A1, reflecting changes following the suggestions made on Mr. Pellow’s report was entered for the record. Mr. McCabe stated that the proposed area of the one-story single family detached home will be 1,320 sq.ft. where 984.5 sq.ft. is permitted. Mr. McCabe stated that the entire neighborhood has single family detached houses and the rest of the houses in the area most of them are single-story and a couple of them are two-story. The applicant feels that the proposed home will fit in with the overall look of the area.

Mr. McCabe stated that according to the size allowed by the ordinance, the result would be a rather small structure on this site which is not normally conducive for the type of three-bedroom house that people would be looking to buy and live in. A smaller house would create a hardship on the owner and this would essentially end up reducing the size of the house to a point where it is basically something that people would not want to live in and it would basically be putting it down to a two bedroom house. Mr. McCabe stated that it is his professional opinion that this site is suitable for this type of house and this type of house would blend in with the rest of the neighborhood.

Chairman stated that these two lots were part of a site walk that was previously scheduled. The Board spent so much time on the one site walk that they did not have time to visit this property and he feels that a site walk is necessary. He asked the applicant to stake the corners of the building and the driveway entrance so the Board members know what they are looking at. It was discussed that the engineer would be present at the site walk to show the board members where the building and the driveways will be located.

The meeting was opened to the public. Kenneth & Alma Dhuyvetter stated that they made an offer on the lot under the assumption that it was an unbuildable lot, the person who actually purchased it made an offer over the asking price. They stated that the lot did not perc in 1977 and they wondered how it is now a buildable lot. They stated that they have a lot of problems with flooding in their basement. They have concerns with the well, their well has dried up many times. Mr. Kienz stated that there are well regulations that were created by the Township for that reason.

Nancy & John Richeda, owners of Lot 32 to the left of the property, agree with everything the neighbor said. Mrs. Richeda stated that her house was built in 1980, it is located on an angle and very close to the proposed home. She stated that her property is 125 x 175 ft and her house is 1000sq ft., the proposed house is bigger on a smaller lot, the other houses are smaller than the proposed house and the houses that are bigger are on 5 acres. She stated that she has drainage problems at the back of the property, water comes down her driveway like a river and goes in the stormdrain under the road. Mr. Richeda also had concerns about issues with blasting for a cellar. Mr. Kienz stated that there are a series of blasting regulations that they would have to comply with.

There was no one else from the public wishing to come forward. The meeting was closed to the public.

Ms. Mylecraine asked if the house is a modular and how is the applicant being so creative by building a big house on a small lot. The engineer replied that the house is not a modular and that the rest of the plan complies with the requirements of the ordinance.

Mr. Cecchini made a motion seconded by Mylecraine to carry this application to the
July 24, 2007 meeting. The applicant will renotice. A site walk for both sites, Newman Road and Alpine Road was scheduled for July 9 at 4:00 p.m.; the Board members will meet at the Municipal Building. The applicant will stake out the house and the driveway on Newman Road and for the other lot the engineer will be present to guide the board members as to where the house and the driveway will be.

For the record, Mr. Kienz explained that the first submission of the plans called for 4 sheets and the second submission was for revisions to pages 1 and 2 to reflect the comments on Mr. Pellow’s report.

Mr. McCabe explained that the property is a corner property with two front yards, conforms to lot area, front yard setback for both yards and maximum floor area variances are required. The front yard requirement is 35’ and the proposed setback on Alpine Road is 31’. The house will face Alpine Road. The setback on Longview is 12’. To comply with the septic setback requirements, 10’ of the house will sit on a slab. The house has a garage and the proposed area is 1871 sq.ft.

Open to the public. Jane and Samuel Stillings, 58 Longview Terrace Block 95 Lot 1.02, neighbors across the street have concerns with the distance between the septic on the new house and their well, their well has gone dry as well, proposed driveway come off of Longview will have blind spot and there have been several accidents on that spot. Charles Hintzen, Lot 22 on Alpine, next door neighbor, asked how far is the proposed house from the property line, he was told 16 ft. He has a concern with the septic system and he agrees with the other neighbors that it is a dangerous corner. There was no one else from the public wishing to come forward. The meeting was closed to the public.

On a motion duly made seconded and carried, this application was carried to the July 24, 2007 meeting, the site walk was scheduled for Monday, July 9, 2007 at 4:00 p.m. The applicant will renotice.

ADJOURNMENT

On a motion duly made seconded and carried, the meeting was adjourned at 9:35 p.m.

Respectfully submitted,
Stella Salazar
Assistant Secretary