May 22, 2007

A regularly scheduled meeting of the Wantage Township Land Use Board was held on Tuesday, May 22, 2007 at the Wantage Township Municipal Building. The meeting was held in compliance with the Open Public Meetings Act, Public Laws 1975, Chapter 231. It was properly advertised and noticed to the public.

ROLL CALL
PRESENT: Mssrs. Bono, Grau, Hough, DeBoer, Smith, Cillaroto. Mmes. Kanapinski, Gill. Engineer Harold Pellow, Attorney Glenn Kienz.
ABSENT: Mssrs. Cecchini, Space, Slate. Mme. Mylecraine.
Board member Kanapinski arrived at 7:40 p.m.

APPROVAL OF MINUTES
Mr. Hough made a motion seconded by Mr. DeBoer to approve the minutes of April 24, 2007.

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

Chairman Smith reminded the Board members that a site visit was needed to look at a septic system that Rachel Manor has proposed. Also Mr. Smith asked the members to think about the signage that was approved for the post office as he had some questions about it. He said he would revisit these issues at the end of the meeting.

APPLICATIONS

L-42-2005 PLEASANT ACRES CAMPGROUND
The applicant is requesting a use variance for the expansion of two non-conforming buildings. These additions have already been constructed. This will be an after-the-fact variance. The property is known as Blk. 139, Lots 22.01 and 22.03 and is located on DeWitt Road in the R-5 zone.

Attorney Martin Vander Heide and the owner, Richard Denman, appeared before the Board.

It was discussed that the applicant did not have to renotice because the notice that was made for the hearing on April 15, 2007 was correct.

The Board visited the site a few days prior to the hearing and Mr. Kienz asked the Board to discuss any observations or issues that they deemed necessary. Mr. Smith started by saying that the concern was with two buildings that had additions to them and were not originally on the sheet. Both were extremely small additions, one dealt with the water treatment addition and the other pretty much an eating space for the employees.

Mr. Pellow’s report was reviewed. A discussion was held on the Letter of Interpretation, copy of NJDEP sewer permit, the new location of the pump station, sewer and water line layout, road layout and profiles and soil erosion permit.

Mr. Kienz asked if the Board was comfortable with what was being proposed. It was discussed that the applicant was not prepared to do the 500 spaces yet. Mr. Kienz explained that preliminary approval could be granted with two 1-yr extensions.

Chairman Smith stated that this will be an as-built that reflects the minor changes that were made, it also reflects additional future sites for which the applicant already has a sewage permit and subject to Mr. Pellow’s report and a time limit of three years from the date of the memorialization of the resolution.

The meeting was opened to the public. Mr. Peter Annuzzi brought up his concerns with the road. He feels that there will be too many vehicles on that road and if emergency vehicles would be able to travel on that road. He wondered if the road could be opened all the way to Skytop in order to have another way out. Mr. DeBoer stated that the road is wide enough in the area of the campgrounds. He asked if any improvements were planned by the applicant. It was discussed that the road, as it concerns the campgrounds, has enough room for emergency vehicles and the rest of the road has nothing to do with this application. Mr. Van Der Heide stated that they have plenty of access and that right now they have 290 spots and they are looking to add 210 spots in the future. There was a discussion on whether or not the road had been vacated by ordinance. Mr. DeBoer asked Ms. Salazar to check on who owns the properties on both sides of DeWitt Road and past the campgrounds. The Board thought it would be a good idea to determine if the rest of the road had been vacated.

Mr. Grau made a motion seconded by Mr. Hough to grant a use variance and setback variance and preliminary and final on the as-built part of the application and preliminary approval on the additional 210 parking spaces. This approval is subject to the items discussed, subject to Mr. Pellow’s report and subject to checking on the status of Dewitt Road.

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

L-11-2007 JEFFREY PARROTT
The applicant is proposing to construct a single-family house on an existing lot. The lot contains an existing accessory barn/garage in the front yard. The property is known as Blk. 21, Lot 23 and is located on Route 284 in the R-5 zone.

Mr. Jeff Parrott and the engineer, Mr. Dan Kent, III appeared before the Board.

Mr. Kienz informed Chairman Smith that he reviewed the noticed that was published by the applicant and he finds it to be in order. He added that this is a simple application for a single-family residence on a pre-existing lot that has a carriage house/garage with storage for Mr. Parrott and others but he is not getting any income. The carriage house/garage is located in front of the property and there is also a billboard on the property which will be discussed later.

Mr. Kienz had a chance to review the application and it became very clear to him that it required a C variance because of the pre-existing structure. Mr. Parrott explained that the engineering study of the property resulted in that being the only spot available for the house without encroaching on the front yard and as a result of topography and terrain and the like. It was discussed that it would be a hardship to tear down the carriage house and move it to the rear of the property. The applicant stated that the condition of the building is very good and that he renovated it. This carriage house has been on that property for a number of years so it is somewhat a “fixture” on that property, something that people have become used to seeing there.

Mr. Kienz asked Mr. Parrott to give information regarding the billboard. Mr. Parrott stated that the billboard existed on the property when he purchased the property, that it is licensed by the State of New Jersey to somebody else and that he uses it for his own personal use.

Mr. Kienz asked Mr. Kent if, in his opinion, allowing the carriage house to stay there would be detrimental to the neighborhood. Mr. Kent replied that he did not think it would have a negative effect since it has been there for years, it was part of the farm lot, the barn was taken down and the lot was opened up and he thinks it will be a nice addition to the home. Mr. Smith thought that the garages would give the proposed home a nice buffer. Mr. Kienz added that the home that is being proposed is modest in size and the garages will provide additional storage for the homeowner.

Mr. Pellow’s report was reviewed. It was discussed that the DOT indicated the drive access existed and they do not have to issue a permit. A letter from DOT confirming this is necessary. The applicant stated that he requested the letter and he will have within a week. The applicant has paid the $10,000.00 COAH fee.

Chairman Smith opened the meeting to the public. There was no one from the public wishing to come forward on this application. The meeting was then opened to the Board. Mr. Bono questioned the address on the demolition permit for the barn. The applicant explained that a mistake was made for the permit. He did not get the assigned number until he actually went for the permit.

The applicant requested a waiver of receipt of the resolution in order to get a building permit. The Board agreed to grant this request.

Mr. Bono made a motion seconded by Mr. Hough to approve this application subject to the confirmation letter from DOT on the driveway and to waive receipt of resolution.

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

For the record, Mr. Kienz added that Mr. Parrott did everything that was required for this application and it was reflected on Mr. Pellow’s report. The applicant submitted all the information that was required and combined with some testimony for the variance made the application very easy to hear and therefore easier for the Board to make a decision.

L-31-2006 CHRISTIAN LEONE PROPERTIES III, LLC
The applicant is seeking preliminary major subdivision approval for 14 residential lots with one of the proposed lots designated for the construction of a two-family affordable housing dwelling. The property is known as Blk. 117, Lot 32.01 and is located on Route 565 in the HC and RE-5 zones.

Attorney Michael Gaus and Engineer Kenneth Dykstra appeared before the Board. Mr. Gaus stated for the record that the applicant has changed the name Christian Leone Properties, III, LLC and that the appropriate corporate disclosure statement.

Mr. Gaus made a brief presentation of the application and stated that an Environmental Impact Statement, a Letter of Interpretation for the wetlands and a Stormwater Management Plan were also submitted.

Mr. Gaus explained that the property was part of a minor subdivision in 2006 and as part of that application a use variance was granted to allow residential development on that portion of the property which is located in the Highway Commercial zone. Chairman Smith reviewed for the record that the variance was to expire December 31, 2006. Mr. Gaus explained that a six-month extension was granted and the applicant was to submit a complete application by the end of May 2007. The applicant is proposing a COAH unit on Lot 32.05 and there is a question as to whether or not a variance may or may not be required. Mr. Kienz stated to the Board that he would recommend possibly bifurcating that part of the application, if needed. The applicant would then notice for that part of the application. Mr. Gaus explained that a duplex is permitted as per the ordinance section 13-5.10. Mr. Kienz will check on that and follow with Mr. Gaus.

Mr. Gaus further stated that the property does have a stream running through it. The D.E.P. proposed new regulations regarding Category 1 streams that will create larger buffers for those properties where there is a Category 1 stream or an associated tributary. Those regulations have not yet taken effect. They will probably take effect later this summer. If they do take effect and this property is classified as they think it will be, there could be a serious impact on the number of lots that they could yield under the new regulations. The applicant is hoping to get a decision from the Board before this takes place so they can argue that that it is grandfathered and then proceed with the 14 lots. Mr. Gaus stated that they are hopeful to get a resolution on this matter either tonight or at the Board’s meeting in June. Mr. DeBoer asked about the number of lots the applicant could lose. Mr. Gaus stated that Mr. Dykstra thinks they could lose as many as seven (7).

Mr. Gaus added that one of the items that were missing from the application was the owner’s consent form. The applicant is a contract purchaser of the property. The applicant has successfully resolved that issue with the owner. The owner’s consent form was filed last week along with a certificate that the taxes have been paid.

Exhibit A1, a composite of two of three other sheets of the layout plan. The houses were added and showed some topography. There was discussion regarding the option that was used for this project. The applicant is to provide the calculations for the lots that are over 5 acres. Mr. Smith suggested doing a site walk. The applicant will stake the road in the proposed position.

Mr. Dykstra indicated that the proposed roadway is ½ mile long and curbing is proposed in the areas where the grade exceeds 6% with the road ending in a cul-de-sac. Two detention basins are proposed for the project, one on Lot 32.09 near the cul-de-sac and the other one on Lot 32.05. All the lots will have individual septic systems; each lot will have a well. It was discussed that Mr. Cloke’s entrance will be on the new road. Mr. Dykstra stated that the total property is 80.398 acres and part of the application is to square off the line, required as part of the prior application and the area highlighted in yellow on Exhibit A1, 0.398 acres, will be merged with existing Lot 32.02. The engineer added that each lot meets requirement for the 20,000 sq.ft. of contiguous nonconstrained land.

The possible phasing of the project would be front being developed first ending with a temporary cul-de-sac and eventually building the back of the project later.

Mr. Pellow’s report was reviewed. In addition to the issues already discussed, the septic disposal beds issue was addressed. The engineer mentioned that the plans have not been submitted to the county health department. Mr. Pellow stated that we should have approval letter from the county. It was discussed that the issue of who is going to maintain the retention ponds still needs to be decided. A meeting of the subcommittee and a member of the governing body should be scheduled in June to come up with a plan, test holes need to be performed along the proposed roadway to determine if high water tables exist, COAH requirements for Lots 9-13, and the Road Trust fee of $1,950 per new lot.

Chairman Smith opened the meeting to the public. There was no one from the public present on this application. The meeting was closed to the public.

Mr. Smith asked Mr. Pellow if his next report could reflect that the conditions on the report of December 11, 2006 with a final report with just those few items that need to be addressed. He confirmed with Mr. Kienz that he will get back to us with the situation on the duplex and the applicant will have the revised calculations so that following the site walk, the Board will be in a position to make an informed decision.

Mr. Dykstra stated that he could have a preliminary layout of the site for the Board to look at during the site walk. The site walk was scheduled for Monday, June 4th at 4:00 p.m. and they will meet at the site. The applicant will stake the road. Mr. Smith stated that if anyone from the public was interested in attending, the Board does not answer any questions at the walk.

It was discussed that the application would be carried to the June 19th meeting, no further notice required. However, if necessary, depending on the findings from Mr. Kienz on the COAH unit, the applicant would have to notice or bifurcate that portion of the application and that way the rest of the application will not be slowed down. Mr. Gaus agreed to that request.

Mr. Gaus asked the Board if they would consider doing a site walk on the same day on the new application by the same principal, different business entity, that was just filed. He stated that they would like to get on the agenda for the June meeting if possible, because they are facing the same planning issues regarding the C1 regulations. The Board replied that they would consider doing the other site walk, depending on how long it takes them to do the first site walk.

Mr. Grau made a motion seconded by Mr. Hough to carry this application to June 19th and also to prepare a favorable resolution if the Board so decides to approve. All in favor.

L-10-2007 JOHN VAN DYKE
The applicant is proposing to construct a 20’ x 26’ addition to the house, an above-ground pool, and a 300 sq.ft. deck. The property is known as Blk. 152, Lot 7.05 and is located on Snover Road in the R-5 zone.

Mr. John Van Dyke and Mr. Dan Kent, III appeared before the Board.

A summary of the application was presented. The variances that are needed are as follows: Side yard setback to the addition, 40’ required and 19’ is proposed. The existing house has a 34.4’ setback. Side yard setback to the pool, 30’ required and 19’ is being proposed. Two waivers from the checklist relating to slopes and existing contours are being requested. Mr. Kent explained that the proposed dwelling addition is in a relatively level area on the West side of the existing dwelling and the proposed above ground pool is on a grade but that will be leveled out to set the pool in. He added that the existing topography will be not a factor in completing the proposed improvements.

Mr. Pellow indicated that the applicant submitted a key map scale of 1”=1,000’ and is acceptable. Items 7.05, 7.06, and 7.07 were answered by the applicant and appear reasonable, but the Board should review them. Items 4, 5, 6, and 7 were reviewed where the applicant represented that there will not be any additional bedrooms in the addition so that a new septic system is not needed and that the addition construction materials, color, and design will be the same as the existing house. Mr. Pellow suggested that the existing 6’ high fence is a good buffer from the adjoining owner but in case there are issues, an additional evergreen buffer could be planted and extended to the west. The applicant stated that the existing fence is already extended 88 ft. from the point opposite to the proposed addition to Snover Road, as depicted on the plan. An as-built plan to be submitted to the Building Department prior to a Certificate of Occupancy being issued if this application is approved.

Mr. Kienz asked why the addition could not be on the other side. The applicant explained that the bedrooms and dining room are located on the other side. If he were to build the addition on the other side, then the access to the family room addition would have to be through the bedrooms and the dining room. It was discussed that there was no land available to increase the size of the lot. Mr. Kent explained that the lot is already 4.04 acres and there are wetlands, causing them to work with 1.06 acres of usable land.

A series of photographs numbered A1 to A8 taken by Mr. VanDyke were reviewed. A1, A2, A3, and A4 different views of Mr. Van Dyke’s house, A5, A6, A7, and A8, pictures of neighboring homes.

The meeting was opened to the public. Attorney Anand Dash of Dolan & Dolan, P.A. appeared on behalf of Mr. Robert Bolan, adjacent neighbor, owner of Lot 7.04. Mr. Bolan stated that he has lived on that property for six years and that he feels there would not be a lot of room between the two properties which is a major selling point, since he plans to, one day, sell his home. He stated that with this addition, the first thing that people would see is that he does not have the space between the applicant’s house and his house. He stated that with the fence that was erected by Mr. Van Dyke he would be able to see the addition standing on his driveway.

Exhibit O1, aerial photo of Mr. Bolan’s house, showing the proximity of the houses and Exhibit O2, showing the applicant’s house from Mr. Bolan’s driveway were introduced.

It was noted for the record, that Mr. DeBoer stepped down at 9:10 p.m. because he had a call with the emergency first aid squad.

Mr. Bolan further stated that with the building of a pool there will be more activity and noise created. He said that one of the reasons why he chose this property was to have all the room he wanted. He came from West Orange where the house next door to him was 30 ft. away and he came to Sussex looking for more room between his house and his neighbor’s. Mr. Bolan stated that with the addition there will be a chimney. He and his wife have sinusitis and they sometimes have to leave the window open looking for fresh air to help with the breathing. He feels that the woodburning fireplace and the pollutants from the wood burning would come into his bedroom which faces the neighbor’s house.

There was no one else from the public wishing to speak on this application. The meeting was closed to the public.

Mr. Smith asked a few questions regarding the building height of Mr. Van Dyke’s house and the proposed addition. The foundation of the proposed addition will be a step down. It was discussed that the addition would be almost below the neighbor’s house.

Mr. Pellow indicated that under the 1-acre setback they can have 30 ft. A discussion followed regarding reaching a compromise and possibly redesigning the plan so that it may not even require a variance.

Mr. Kienz suggested to the Board carrying the application to the next meeting and allowing some time to possibly come up with ideas and re-think the plan. Mr. Kienz suggested that they could be first on the agenda for that evening.

Mr. Grau made a motion seconded by Mr. Hough to carry this application to the June 19, 2007 meeting, no further notice required. All were in favor.

Mr. Kienz suggested a few members of the Board do a drive-by to check the topography of Mr. Van Dyke’s and Mr. Bolan’s house.

GENERAL ISSUES

Chairman Smith and the members discussed the signage that was approved for the post office when the application for the A & P Plaza was heard. The consensus was that it was believed that it was not done on an individual basis but rather that they all had to be same.

A concept meeting for Tom Zummo was scheduled for Thursday, May 31, 2007 at 9:00 a.m. in Mr. Pellow’s office.

A meeting to discuss the retention ponds maintenance will be scheduled. The secretary to arrange that meeting. An inspection of the proposed septic treatment plant by Rachel Manor already built in another location will also be scheduled. The secretary to follow up with Rachel Manor so they can send Mr. Pellow a list of locations from which they can choose to visit.

Chairman Smith stated that he had a couple of CD’s available on the Route 57 Corridor Plan, if any of the members were interested in reviewing.

ADJOURNMENT

On a motion duly made seconded and carried, the meeting was adjourned at 9:45 p.m.

Respectfully submitted,
Stella Salazar
Assistant Secretary