August 26, 2008

A regularly scheduled meeting of the Wantage Township Land Use Board was held on Tuesday, August 26, 2008 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. The meeting was properly noticed and posted to the public.

ROLL CALL
PRESENT: Mssrs. Bono, Cecchini, DeBoer, Gaechter, Hough, Slate, Vander Berg, Mmes. Kanapinski and Gill, Attorney Glenn Kienz, Engineer Harold Pellow.
ABSENT: Mssrs. Grau, Cillaroto, and Smith, Mme. Mylecraine.

APPROVAL OF MINUTES

Mr. Cecchini made a motion seconded by Mr. Bono to adopt the minute of July 22, 2008.

ROLL CALL VOTE:
THOSE IN FAVOR: Bono, Cecchini, DeBoer, Gaechter, Hough, Vander Berg, Gill, Kanapinski, Slate.
THOSE OPPOSED: None. MOTION CARRIED.

RESOLUTIONS

L-22-2006 LINDA SPACE & GREGG OSTROWSKI

Mr. Cecchini made a motion seconded by Mr. Bono to adopt the resolution memorializing the Board’s decision of July 22, 2008 to grant extension of minor subdivision approval to Linda Space and Gregg Ostrowski for Block 17, Lot 4.01, as shown on the Tax Map of the Township of Wantage located on Lewisburg Road, in the RE-5 Zone, pursuant to N.J.S.A. 40:55D-47(f), 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. Prior to the issuance of any construction permit, the Applicant shall file with the Board and construction official and 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.
3. All terms and conditions of the Board’s previous Resolutions remain in full force and effect except as modified in this Resolution.
4. Certificate that taxes are paid to date of approval.
5. Sussex County Planning Board approval.
6. 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, DeBoer, Gaechter, Hough, Vander Berg, Slate.
THOSE OPPOSED: None. MOTION CARRIED.

L-11-2008 BONNIE & GREGORY PUZIO

Mr. Vander Berg made a motion seconded by Mr. Bono to adopt the resolution memorializing the Board’s decision of July 22, 2008 to grant “c” variance relief to Bonnie and Gregory Puzio for Block 158, Lot 1.12, as shown on the Tax Map of the Township of Wantage located on two streets, Volcanic Hill Road and Neilson Road, in the RE-5 Zone, 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. The granting of this application is subject to and conditioned upon the Applicant submitting an as built plan prepared by a licensed surveyor after the pool has been constructed.
3. The granting of this application is subject to and conditioned upon the type of fence that will be constructed to be simple and the most cost effective materials.
4. The granting of this application is subject to and conditioned upon the pool to be staked prior to construction so that the proper offset distance of 34 ft. can be obtained.
5. 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.
6. 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.
7. Certificate that taxes are paid to date of approval.
8. Sussex County Planning Board approval.
9. 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, DeBoer, Gaechter, Hough, Vander Berg, Slate.
THOSE OPPOSED: None. MOTION CARRIED.

L-12-2008 LEWISBURG ROAD ACQUISITIONS, LLC

Mr. Cecchini made a motion seconded by Mr. Bono to adopt the resolution, with changes, memorializing the Board’s decision of July 22, 2008 to grant minor subdivision approval with variance relief to Lewisburg Road Acquisitions, LLC for Block 17, Lot 1, as shown on the Tax Map of the Township of Wantage located on the intersection of Roy Road and Lewisburg Road, in the RE-5 Zone, pursuant to N.J.S.A. 40:55D-47 and 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. 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.
3. The granting of this approval is subject to and conditioned upon the Applicant moving the garage doors on remainder Lot 1 to a different location on the structure in order to improve safety.
4. The granting of this application is subject to and conditioned upon a deed for the road widening of Roy Road to be conveyed to the Township.
5. The granting of this application is subject to and conditioned upon the Applicant improving the details of the wetlands and the wetlands transition areas of remainder Lot 1 on the plans.
6. The granting of this application is subject to and conditioned upon the deed reflecting the facts that the existing home cannot be expanded due to the wetlands and the 150 foot buffer.
   
7. The granting of this application is subject to and conditioned upon a Road Trust Fund contribution of $1,900.00 dollars to be deposited by the Applicant with the Township.
   
8. This application is subject to and conditioned upon COAH obligations applying.
   
9. The granting of this application is subject to and conditioned upon an easement being provided for the bridge by the Sussex County for the property going into Farmland Preservation.
   
10. The granting of this application is subject to and conditioned to the remaining lot going under Farmland Preservation.
    
11. 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.
    
12. Certificate that taxes are paid to date of approval.
    
13. Sussex County Planning Board approval.
    
14. 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, DeBoer, Gaechter, Vander Berg, Gill, Slate.
THOSE OPPOSED: None. MOTION CARRIED.

L-13-2008 PIDGEON HILL FARMS, LLC

Mr. Vander Berg made a motion seconded by Mr. Bono to adopt the resolution memorializing the Board’s decision of July 22, 2008 to grant minor subdivision approval to Pidgeon Hill Farms, LLC for Block 120, Lot 2, as shown on the Tax Map of the Township of Wantage located on Pidgeon Hill Road, in the RE-5 Zone, pursuant to N.J.S.A. 40:55D-47, 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. The granting of this application is subject to and conditioned upon the Applicant complying with the Board Engineer’s report dated June 3, 2008.
3. The granting of this application is subject to and conditioned upon a Road Trust Fund contribution of $1,900.00 dollars to be deposited by the Applicant with the Township.
4. This application is subject to and conditioned upon COAH obligations applying.
5. The granting of this application is subject to and conditioned upon both lots being conveyed as Farmland Preservation lots.
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.
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: Bono, Cecchini, DeBoer, Gaechter, Vander Berg, Gill, Slate.
THOSE OPPOSED: None. MOTION CARRIED.

APPLICATIONS

L-37-2004 BRUCE MORSE

Mr. Slate announced that the applicants form of notice was incorrect. This application has been rescheduled for the September 23, 2004 meeting. The applicant will renotice.

L-24-2007 MARUTI SWAMI II, LLC (QUICK STOP DELI)

The applicant is seeking preliminary and final site plan approval with “D” variance to allow the expansion of an existing non-conforming mixed-use building with commercial units on the ground floor and apartments on the second floor. The property is known as Blk. 7, Lot 19.01 and is located on Route 23 in the HC zone.

A use “D” variance was granted at the July 22, 2008 hearing.

Attorney Martin Vander Heide, Engineer Kenneth Wentink, and owner Asutosh Desai appeared before the Board.

A Site walk took place on Monday, August 25, 2008. The Board stated that the parking situation was changed, the traffic flow was reversed, the north driveway will be entrance & exit, the south driveway will be just an exit, with the existing opening allowed to be used by the neighbor.

Mr. Wentink stated that the Board had an issue with the lighting and that the lighting plan incorporated two fixtures leased from JCP&L. Mr. Pellow stated that the drainage plan has not been checked yet. Mr. Kienz suggested carrying this application to the September 23, 2008 meeting, no further notice required, having a favorable resolution ready for the next meeting, and adopting preliminary site plan.

On a motion duly made seconded and carried, the Board voted unanimously to the above. The applicant agreed to grant an extension of time to act if needed.

L-22-2004 MOUNTAINVIEW MANOR

The applicant is requesting an extension of use variance and site plan approval for Blk. 4, Lot 1.01. The original approval was granted August 17, 2004 and memorialized on September 21, 2004.

Attorney Tom Molica, and owner John Maione appeared before the Board.

Mr. Molica and Mr. Maione explained that Phase II application has already filed and is currently being reviewed.

Mr. Kienz questioned condition #13 of the resolution regarding timeline. He stated that he would like to check the new timelines for extensions under the new legislation.

It was agreed that the Board would carry this request to the September 23rd meeting, pending review.

L-23-2004 VALLEYVIEW MANOR

The applicant is requesting an extension of use variance and overall preliminary concept site plan approval for Blk. 4, Lot 1.06. The original approval was granted August 17, 2004 and memorialized September 21, 2004.

Attorney Tom Molica, and owner John Maione appeared before the Board.

Mr. Molica and Mr. Maione explained that no further engineering has been done on this application and no new application has been filed, due to market conditions. Mr. Kienz had the same concerns as for Mountainview Manor.

The Board agreed to carry this request to the September 23rd meeting, pending review of the new timelines.

L-17-2008 TOWN CENTER AT WANTAGE

The applicant is seeking minor subdivision approval to adjust the lot line for two lots. The property is known as Blk. 4.01, Lots 1.07 and 1.08 and is located on Route 23 in the Industrial zone. The applicant is requesting a lot line adjustment for the property line that runs along the easterly wall of the building on Lot 1.07, due to the overhang of the roof on this building. The proposed property line will run midway between the easterly wall of the building on Lot 1.07 and the westerly wall of the building on Lot 1.08.

Attorney Tom Molica and owner John Maione appeared before the Board.

Mr. Pellow’s report dated August 26, 2008 was reviewed. According to the report, four hundred thirty eight (438) square feet of land is being adjusted with this subdivision: 438 square feet from Lot 1.08 to Lot 1.07. The area of Lot 1.07 prior to this lot line adjustment was 5.389 acres and after the lot line adjustment will be 5.399 acres. The area of Lot 1.08 prior to this lot line adjustment was 1.077 acres and after the lot line adjustment will be 1.067 acres. Mr. Pellow also indicated that a map was filed as a result of the original application and he questioned whether the applicant should file an amended map. Mr. Kienz stated that will figure out if it is easier for the applicant to file a new map or to file deeds.

Mr. DeBoer made a motion seconded by Mr. Bono to approve this application subject to the Board attorney figuring out if it is easier to file a new map or to file deeds.

ROLL CALL VOTE:
THOSE IN FAVOR: Bono, Cecchini, DeBoer, Gaechter, Hough, Gill, Kanapinski, Slate.
THOSE OPPOSED: none. MOTION CARRIED.

L-13-2007 CHRISTIAN LEONE PROPERTIES, LLC

The applicant is requesting an extension of minor subdivision approval for Blk. 1.02, Lot 8. The original approval was granted July 17, 2007 and memorialized on August 21, 2007. An extension to July 22, 2008 was granted by the Board on January 22, 2008.

Attorney Michael Gaus of Lucas & Gaus appeared before the Board on behalf of the applicant.

Mr. Cecchini made a motion seconded by Ms. Kanapinski to grant an extension until November 1, 2008.

ROLL CALL VOTE:
THOSE IN FAVOR: Bono, Cecchini, DeBoer, Gaechter, Hough, Vander Berg, Gill, Kanapinski, Slate.
THOSE OPPOSED: none. MOTION CARRIED.

L-16-2008 565 LAND DEVELOPMENT

The applicant is requesting a soil removal permit to allow soil removal operations to be conducted on an 8—acre tract. The property is known as Blk. 117, Lot 38.01 and sis located on Route 565 in the HC and R-5 zones.

Board member Cecchini stepped down.

Attorney Michael Gaus, Engineer Kenneth Wentink, and applicant Tom Zummo appeared before the Board.

The applicant and his professionals stated that the Board previously approved the operation for the front portion of the property and the current application is for phase II. The operation is not on a county road; however, the property is on a county road. Mr. Wentink stated that he was not sure how the county was going to treat this application. He added that there is some rock on the south side, more of an issue than water.

Test holes were done and on the south side, at 7 ft deep they hit rock. Mr. Slate asked if this would affect the final grade, Mr. Wentink said it could. Mr. Slate asked what would be a happy medium between the rock and the downside, Mr. Wentink stated the testing was not done independently from phase I but rather together with phase I.

Mr. DeBoer asked what could go there once everything is finished. Mike Gaus brought up the zone change to Light Industrial and he stated that those uses seem to work better. Mr. Kienz suggested the applicant submit some kind of plan describing different uses that could be applicable for that area, Mr. Pellow suggested some kind of sketch.

Mr. Zummo stated that to have some specific plan is very difficult given the current market conditions and his own personal preference is some type of overall use for the property, that HC use in the back section does not make sense there and that incorporating HC in the front would allow some options. He added that Limited Industrial gives more options than Highway Commercial.

Mr. Slate opened the meeting to the public. Mr. Emil Conforth stated that Mr. Zummo indicated he was considering putting a recycling composting business and he feels it is inappropriate for the site.

Mr. Jim B ? is wondering exactly where the property is. Mr. Wentink clarified that they are not selling topsoil.

The meeting was closed to the public. A site walk was suggested.

Ms. Kanapinski made a motion seconded by Mr. Bono to carry this application to the October 28, 2008 meeting, with no further notice being necessary.

ROLL CALL VOTE:
THOSE IN FAVOR: Bono, DeBoer, Gaechter, Hough, Vander Berg, Gill, Kanapinski, Slate.
THOSE OPPOSED: none. MOTION CARRIED.

GENERAL

A site visit for Mr. Tom Scala’s property on Bassett’s Bridge was scheduled for Monday, September 15, 2008 at 3:30 p.m. Members attending will meet at the site.

The issue of army vehicles being stored on a property was discussed. Mr. Kienz and Mr. Pellow will discuss to try to come up with an ordinance. Some ideas included
prohibiting front & side yard parking. Mr. Vander Berg suggested including horses to the limitations. He referred to an issue regarding a 2-acre retention pond and someone from Beezer considering putting horses there. It was discussed that a possible suggestion could be to be in an enclosed building.

ADJOURNMENT

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

Respectfully submitted,

Stella Salazar
Secretary