JUNE 26,2007

A regularly scheduled meeting of the Wantage Township Land Use Board was held on Tuesday, June 26, 2007 at the Wantage Township Municipal Building.  The meeting was held in compliance with 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, DeBoer, Smith, Cillaroto.  Mmes. Kanapinski, Mylecraine, Gill.  Attorney Glenn Kienz, Engineer Cory Stoner.
ABSENT:  Mssrs. Space and Slate.

Mr. Grau arrived at 7:35 p.m.

APPROVAL OF MINUTES

Mr. DeBoer made a motion seconded by Ms. Kanapinski to adopt the minutes of May 15, 2007.

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

Mr. DeBoer made a motion seconded by Ms. Kanapinski to adopt the minutes of May 22, 2007.

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

APPLICATIONS

L-34-2005 LARRY VERMEULEN

The applicant has requested an extension of the minor subdivision that was approved 11/28/06 with resolution adopted 12/19/06.  Mr. Cecchini made a motion seconded by Mr. Bono to grant an extension until October 15, 2007.

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

Mr. DeBoer stepped down as this application involves a use variance.

Mr. John Parmigiani, applicant, Kara Parmigiani, applicant’s daughter, Engineer Jeff Cariaga, and Architect Alan Spector appeared before the Board.

Attorney Kienz confirmed with the applicant that interested parties in Sussex Borough has been notified of this hearing.  Mr. Parmigiani explained that he would like to construct a 14,000 addition on existing shopping area on Loomis Avenue in Sussex Borough.  The property is located in both municipalities.  The addition is in Wantage and it will be painted to match the existing structure.  The present businesses on the property are a bar, a women’s fitness center, a pre-school, and a pizza restaurant.  The applicant stated that he anticipates some of the present tenants to take additional spaces.  Additional businesses are expected to be retail and possibly of a food sort.  The applicant is seeking a use variance as the property is presently zoned for residential use.  He indicated that the back of the pizza place is located in Wantage; therefore it is an existing non-conforming use.

Architect Spector introduced Exhibit A1, consisting of seven pages.  Page 1 is an overview of the project as it relates to the master plan.  Page 2 is an overview of the site.  Page 3 is blowout view of the building.  Page 4 shows the building design.

A2 handout entitled “Reasons for granting “D” use variance” dated 6/21/07, and A3 handout entitled “Compliance with Community Design Standards” dated 6/21/07.

Mr. Spector outlined the advantages of this site, including utilities such as water, sewer and gas, retail stores will be able to serve the shopping needs of the growing population, and he stated that the design is consistent with the master plan 2003, are is a commercial area, therefore the project will be consistent with the neighborhood.  Proposed parking spaces are 9 x 18; the Board feels that bigger parking spaces will better serve the community.

Mr. Spector indicated that there will no substantial detriment to surrounding properties as there are commercial uses along Route 639 and the residents will benefit from the shopping environment on this site.  Mr. Spector stated that the existing pizza place is in Wantage and it has been there for many years.

Mr. Spector reviewed his report on the compliance with community design standards.  He discussed the façade of the building which will be composed of a stone veneer base, the horizontal canopy over the sidewalk that reduces the scale of the building and provides shelter for shoppers, a uniform height for the signage, varied roof heights, and a roof overhang with exposed beams.  The light poles will be a grey color to relate to the stone on the building façade.  The applicant is requesting a variance from the requirement to screen the proposed rooftop HVAC equipment since they will not be exposed to public view.

Mr. Jeff Cariaga stated that the only entrance is towards Wantage, loading zones, dumsters and a recycling area will be located behind the property.  There will be no compactors on the site.  The applicant is proposing 9 x 18 spaces, signage on the first driveway coming from Sussex to Wantage.

The stormwater system and calculations were discussed.  Mr. Stoner stated that the system is satisfactory.  Everything is underground and it is a very elaborate and expensive system.  The landscaping and the lighting plan were also discussed.

Mr. Pellow’s report dated March 13, 2007 was discussed.  The applicant stated that he did not have any issues with any of the recommendations on the report.

Mr. Stoner asked Mr. Careaga to elaborate on the retaining walls on the back of the property and stated that he had a concern about the driveway around the back of the building not being wide enough for tractor trailers.  Mr. Careaga stated that fire engines will be able to get around and that there will be no need for tractor trailers by proposed uses.  Mr. Smith indicated that there would be a need for signage to indicate the size of the vehicle allowed.  Mr. Stoner inquired about the 8ft. concrete sidewalk on the front of the building and he stated that Mr. Pellow recommended the use of decorative bollards to complement decorative lighting on the site.  The applicant stated that they preferred to do curbing instead of bollards.

The meeting was opened to the public.  There was no one from the public present on this application.  The meeting was opened to the Board.  Mr. Grau stated that since most of the property is in Wantage there will be a favorable tax benefit, he likes the idea about the fire trucks being able to around the back of the building, and he thinks that the proposed is a nice addition to ratables to the township.  Mr. Cecchini expressed concern about not knowing who is going to occupy all the square footage and wondered how would the applicant know for sure that one of the businesses would not have their standard deliveries via tractor trailer.  Mr. Parmigiani stated that a tenant considering tractor trailer deliveries would not be considered.  There was a discussion about the size of the parking spaces, the Board favors 10 x 20 parking spaces.  Ms. Kanapinski suggested that 10 x 20 parking spaces would allow for reconfiguring the parking lot to have some islands with some shrubbery to give the site a country look.  Mr. Kienz suggested that the applicant should meet with Mr. Stoner to discuss the parking situation and that variances could be granted for some parking spaces.

Mr. Spector stated that the signage in front of the building is proposed to be a continuous strip allowing uniform size signage, suggesting complying with 10% of façade and the signs would be no higher than 30”.  Mr. Smith asked Mr. Spector if he was familiar with the A & P signage, Mr. Kienz suggested talking to Mr. Dave Troast about it and that the comments coming back from the Borough could be incorporated.  Mr. Parmigiani stated that the freestanding sign is in the Borough of Sussex.  Mr. Kienz asked if they could take into consideration the comments that Mr. Troast, Mr. Stoner, and Mr. Pellow might have.  Mr. Cillaroto asked if there was anything the applicant could think about to give the site more of a rural character besides the stone that could be seeing from the road.  Mr. Spector stated that they had considered a number of possibilities and they found this design to be the most consistent with what the applicant was trying to achieve.  He stated that the property is set back 175 ft. from the road and the landscaping was considered to achieve that effect.

Mr. Cecchini made a motion seconded by Mr. Grau to grant preliminary approval subject to parking, lighting, landscaping, and signage to be reviewed by the engineer and the planner, curb cut will be in the front with handicap cuts so people can move in and out of the building, access to the parking lot proposed for exiting purposes will be designated “do not enter”, access to the site to exclude tractor trailers from entering with the exception of fire trucks, subject to the engineer’s report, subject to COAH regulation as it pertains to township committee, subject to a preconstruction meeting, subject to a final as built, subject to Sussex Borough and other agency approvals.  The Land Use Board professionals will make the decisions and if they have a problem they can come back.

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

The Board took a five-minute recess.

Attorney Steven Rother, Attorney Timothy Prime, Engineer Clifton Quay appeared before the Board.

Mr. Rother stated that some issues will require some additional engineering and redrafting of the site, and for that reason they would have to carry this component of the application to the next hearing and at the same they will take the opportunity to make a couple of critical changes to the application and they will forego any variances on the residence structure.  Also, they now understand that the height ordinance does not apply to water tanks so no variance is required.  Lots F and G that are being devoted towards the disposal beds, the treatment plant and the water tank will be pursued as conditional uses for the utilities.  These will be changes in the application and the applicant will renotice.

Mr. Kienz asked the applicant if they felt they would need to meet with Mr. Stoner before the next hearing.  Mr. Quay stated that if Mr. Stoner felt it was necessary they would.  Mr. Kienz stated that since this is all engineering stuff the subcommittee does not need to be present, the chairman can go if he so wishes.  Mr. Smith expressed concerns if there were any changes in the elevation then Mr. Troast should look at the architecture.  Mr. Quay stated that he would send the information directly to Mr. David Troast.

Mr. Kienz stated to Mr. Rother that because the application was already deemed complete and because of the revisions, the other part of the application would be treated as if it were a new application without going through completeness again.  When the applicant notices for the hearing, that will be opening night on that application.

Mr. Tim Prime representing the Wawa part of the application stated that the changes that will take place with the Rachel Manor application do not affect the Wawa section.  He stated that one factor of concern by Mr. Pellow was the adjacent site owned by Bicsak brothers.  He stated that they have been negotiating with Mr. Bicsak because the intersection at Route 23 requires some easements on the Bicsak property.  He stated that he spoke with Mr. Richard Honig, who is the attorney for Bicsak brothers, about the agreement on the necessary cross easements, Overlook Drive will go into Bicsak property and Bicsak will utilize Overlook.

Mr. Clifton Quay stated that the road will shift slightly to the south side of the Wawa property line.  Mr. Prime stated that the negotiations included ultimate flattening of the hill at the intersection of Route. 23 and Golden Blvd..  He also stated that Bicsak has another light proposed at Blair Road.

Mr. DeBoer asked about the traffic light application currently with the DOT.  He expressed concern with so many new traffic lights on Route 23.  Mr. Prime mentioned that Bicsak could also benefit from the Wawa light.  Mr. Smith and Mr. Stoner feel that the traffic light will be beneficial for Wantage Plaza since it creates gaps in the traffic.  Mr. DeBoer asked what effect would the traffic light have on the property across the street.  Mr. Prime stated that the driveways would have to be reconfigured to have a four-way intersection and that the traffic light would be beneficial to them as well.  Mr. DeBoer questioned the fact that the fourth leg of the intersection is not a road but a private entrance.  Mr. Prime stated that a traffic light could still go there but it is up to the property owner if they consent to the driveway configuration.  It was discussed that D.O.T. will not accept anything less than a left turn lane so it will have to be one or the other.

There was a discussion on lighting under the canopy and the design of the canopy.  Mr. Smith asked if the board could be supplied with photos of what the proposed canopy looks like for the Board subcommittee to review.

Mr. Prime indicated that concerning the signage, Wawa’s proposal is about half of what was approved for Quick Chek.  He indicated that Quick Chek was approved for a freestanding sign of 81.18 sq.ft., three (3) 24 sq.ft. signs on the canopy and one (1) 150 sq.ft. façade sign.  Wawa has a freestanding sign of 106 sq.ft, no signs on the canopy, the façade sign about 70 sq.ft and informational signs underneath the canopy.  It was discussed that the easement by Bicsak Brothers would now provide more green area allowing the freestanding sign to be moved back.  A photo of the sign will be supplied for the subcommittee to review as well.

Mr. Smith asked if the site will have its own well.  The professionals replied that right now there is private treatment plan proposed for the whole development.  When asked what would happen if the rest of the development did not happen, Mr. Quay stated that if the retail building and the development did not happen, then a new water treatment system would have to be designed.

The meeting was opened to the public on the Wawa Market site:  Thomas Pastore asked about drain pipes under his property.  Mr. Quay stated that as part of schematic submission to D.O.T. since driveway will be reconfigured, the pipes were intended to tie back into an existing drain on Route 23.

Ann Smulewicz, 108 Route 23, adjacent property owner, expressed concerns about water making sure that water does not run dry, testing supposed to be done on her well, the person doing the test never appeared, her concern continues, she does not want to let them do anything until she is sure that their benefit will not become her liability.  She also asked if someone was going to make sure that the odor was not going to be a problem.  She is also concerned about the landscaping.  She believes the area will be well lit as it should be, but she does not want all that light going on her property.  She is concerned with the beginning height of the trees.  As evergreen planting is usually 8 to 10 ft., Mr. Smith suggested putting a 2 ft. berm on the existing curve that is about 4 ft off the property line and then put a planting on top of that would give an extra 2 ft. of privacy and it would also add character to the area.  It was discussed that it would be something for David Troast to review.

Mr. Smith reviewed the conditions of the approval to include water and septic issues, the easement with Bicsak Brothers, the subcommittee review on the canopy and the freestanding sign, landscape buffing to be reviewed by David Troast, the D.O.T. access permit outstanding, and bollards in front of the store for protection.

Mr. DeBoer made a motion seconded by Mr. Grau to grant preliminary major subdivision and major site plan to Wawa and Rachel Manor Properties subject to D.O.T. approvals, the easement with Bicsak and Wawa, parking situation, subcommittee review of possible road movement, the canopy and the freestanding sign, septic and well issues, and landscaping to be reviewed by Mr. David Troast.

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

ADJOURNMENT

On a motion duly made seconded and carried, the meeting was adjourned at 10:50 p.m.

Respectfully submitted,
Stella Salazar
Assistant Secretary