March 27,2007

A regularly scheduled meeting of the Wantage Township Land Use Board was held on Tuesday, March 27, 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. Bono, Cecchini, Space, DeBoer, Slate, Smith, Mmes. Kanapinski and Gill, Attorney Bryant Gonzalez and Engineer Harold Pellow.
ABSENT:  Mssrs. Grau, Hough, Cillaroto, Mme. Mylecraine.

Chairman Smith informed the Board that the County included McCoy’s corner in the wastewater management program and it will go to the state for approval and that will be subject to planned endorsement by Wantage Township.

Chairman Smith reminded the Board members that the Financial Disclosure Statements must be in by the end of April.

RESOLUTIONS

L-14-2006 STEVEN L. LANG

Chairman Smith reviewed the conditions of the resolution.  It was discussed that the resolution should read that the COAH obligation is $17,750 per lot.  “per lot” should be added.  

Mr. Cecchini made a motion seconded by Mr. Bono to adopt the resolution memorializing the Board’s decision of February 27, 2007 to approve the application of Steven L. Lang for Block 152, Lot 9, as shown on the Tax Map of the Township of Wantage located at 20 Ramsey Road, in the Residential Environs Zoning District requesting preliminary and final major subdivision approval with ancillary “C” variance pursuant to N.J.S.A. 40:55D-48, N.J.S.A. 40:55D-50 and 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 strictly granted in accordance with the plans prepared by Kenneth D. Dykstra, P.E., P.L.S. dated April 10, 2006 with revisions dated June 30, 2006 and November 21, 2006, as well as any further revisions made in consultation with the Board Engineer and in furtherance of this Resolution.
3. This approval is subject to the Applicant complying with all terms and conditions of the Board Engineer’s reports, dated May 22, 2006, August 9, 2006 and January 10, 2007 and/or as same may have been modified at the time of the hearing.
4. This approval is subject to the Applicant providing an area for an easement upon proposed Lot 9.02 for a potable water container to be utilized for fire fighting purposes.  The details of this easement are to be worked out in consultation with the Board Engineer. 
5. This approval is subject to the Applicant contributing $17,750.00 per lot to the Township to meet the Applicant’s affordable housing obligations pursuant to the Wantage Township Ordinance. The contribution shall be submitted at the time of building permit.  
6. This approval is subject to the Applicant contributing $2,250.00 per Lot or $6,750.00 in total to the Township’s Road Trust Fund prior to the final map being filed.  Should the project be phased,  then the contribution shall be permitted prior to maps and deeds being signed for Phase II.
7. This approval is subject to the Applicant providing the Board Engineer and Board Attorney with a copy of all proposed deeds and easements for review and approval.
8. This approval is subject to the Applicant dedicating a portion of Lot 9.01 to the Township of Wantage for future road widening with respect to Ramsey Road.
9. This approval is subject to the Applicant making adjustments with respect to the height of the utility lines, if needed, to avoid any safety issues with respect to the proposed improvements on the Subject Property.      
10. 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 have land use jurisdiction over the application and supply a copy of any approvals received.
11. The Applicant shall comply with the requirements of the affordable housing ordinance adopted by the Township of Wantage and/or as same is amended from time to time.
12. 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.
13. Certificate that taxes are paid to date of approval.
14. Sussex County Planning Board approval, if necessary.
15. 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, Kanapinski, Space, DeBoer, Slate, Smith.
THOSE OPPOSED:  None.  MOTION CARRIED.

APPLICATIONS

L-28-2006 JOSEPH RETZ – JARET BUILDERS, INC.

Application for final major subdivision approval for eight (8) lots.  The property is known as Blk. 132, Lot 3.20 and is located on Libertyville Road in the R-1 zone.

At the applicant’s request this application was adjourned to the April 24, 2007 Board meeting.  All the members were in favor.

L-2-2007 BROADWAY EQUITITES, INC.

The applicant is proposing to subdivide the property to separate the Highway Commercial land from the Residential Environs land.  The property is known as Blk. 16, Lot 5 and is located on County Route 565 & Roy Road.

L-3-2007 BROADWAY EQUITITES, INC.

The applicant is proposing to subdivide the property to separate the Highway Commercial land from the Residential Environs land.  The property is known as Blk. 17, Lot 38 and is located on County Route 565 & Roy Road.

Attorney Michael Gaus and Engineer Thomas Graham from Dykstra Walker appeared before the Board on behalf of the applicant.

It was discussed that both applications would be heard as one.  However, they would be kept separate for documentation purposes.  Mr. Gaus explained that the applicant intends to subdivide each lot into two lots to separate the commercial land from the residential land.  Both properties have frontage on Route 565 and Roy Road.  The applicant is a contract purchaser of these lots and at a closing in this matter they will probably have the lots taken by two different companies one company will take the commercial pieces and the other company will take the residential pieces.

Mr. Graham introduced Exhibit A1 entitled “Minor Subdivision Plans” and dated 3/27/07.  He explained that for Blk. 16, Lot 5, the proposed lot will contain 29.809 acres in the HC zone and 19.85 acres in the R-5 zone.  For Blk. 17, Lot 38, the proposed lot will contain 19,781 acres in the HC zone and 107.381 acres in the R-5 zone.  Mr. Graham stated that soil logs were done and witnessed by the County Health Department.  The applicant is waiting for a letter stating that the soil logs are acceptable and will submit to the Board as soon as it is received.  Mr. Graham stated that the lots meet the requirements of both zones.  There is a house on Lot 38 and a farm building on Lot 5.  There are no concrete plans of development at this time. Mr. Smith pointed out that those pieces of property are not in the sewer service area. There are a lot of wetlands in the residential pieces.  The applicant has shown 150 foot buffer and a waiver for the L.O.I. which has been requested.  It was discussed that the proposed buyer should me made aware that at this point in time, and L.O.I. has not been obtained, and the wetland location could change along with the buffer width.  Mr. Gaus stated they had no problem doing that and that it would significantly restrict any realistic potential for development on those two remaining parcels.

Mr. Pellow confirmed that a sight easement would be given to the County and a deed for the road widening of Roy Road to the Township.  It was discussed that the well for the existing house is on Block 16, Lot 5 and an easement would allow for continued use of the well, as noted in Mr. Pellow’s report.  They would, however, limit the use of the well as long as the house is remains.  COAH requirements will apply.  County approval is pending.  Road Trust Fund does not apply on the Commercial Zone.

Mr. Smith asked if there was anyone from the public on this application who would like to come up front and get a better look at the exhibit.  Mr. Gaus explained that no notices were required since the two applications are minor subdivisions without variances. 

Mr. Smith opened the meeting to the public.  There was no one from the public present on this application.  Mr. Smith opened the meeting to the Board.

Mr. Cecchini made a motion seconded by Mr. Bono to approve application L-2-2007 subject to the soil logs approval and to the conditions on Mr. Pellow’s report.

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

Mr. Cecchini made a motion seconded by Mr. Slate to approve application L-3-2007 subject to the soil logs approval and to the conditions on Mr. Pellow’s report.

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

ADJOURNMENT

On a motion duly made seconded and carried, the meeting was adjourned at 7:50 p.m.

Respectfully submitted,
Stella Salazar
Assistant Secretary