February 19, 2008

A regularly scheduled meeting of the Wantage Township Land Use Board was held on Tuesday, February 19, 2008 at the Wantage Township Municipal Building. The meeting was held in compliance with the provisions of the Open Public Meetings Act, P.L. 1975, Chapter 231. The meeting was properly noticed and posted to the public.

ROLL CALL

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

Board member Angelo Cillaroto was sworn in as a new member of the Land Use Board for 2008.

APPROVAL OF MINUTES

Mr. Hough made a motion seconded by Mr. Cecchini to adopt the minutes of Tuesday, November 27, 2007.

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

Mr. Slate made a motion seconded by Mr. Cecchini, to adopt the minutes of Tuesday, January 15, 2008.

ROLL CALL VOTE:
THOSE IN FAVOR: Cecchini, Deboer, Gaechter, Slate, Vander Berg, Cillaroto, Smith.
THOSE OPPOSED: None. MOTION CARRIED.

Mr. Hough made a motion seconded by Mr. Cecchini to adopt the minutes of Tuesday, January 22, 2008

ROLL CALL VOTE:
THOSE IN FAVOR: Cecchini, DeBoer, Gaechter, Hough, Slate, Vander Berg, Mylecraine, Cillaroto, Smith.
THOSE OPPOSED: None. MOTION CARRIED.

RESOLUTIONS

L-8-2002 SUSSEX SOUTH ASSOCIATES

1. The development of this parcel shall be implemented in accordance with the plan submitted and approved.
2. This approval is granted strictly in accordance with the plans prepared by Caffrey & Associates, Inc., dated March 20, 2002 with the latest revision date of October 22, 2007 and consisting of two sheets.
3. The Deed recorded memorializing the subdivision shall specifically refer to this Resolution and shall be subject to the review and approval of the Board Engineer and Board Attorney. The Applicant shall record the subdivision Deed within 190 days of the memorializing resolution being adopted. Failure to do so shall render this approval null and void.
4. The approval shall comply with the recommendations contained in all of the Board Engineer’s review reports relating to this application.
5. The granting of this Application is limited to minor subdivision approval and the Applicant shall be required to return to the Land Use Board for site plan approval in the future.
6. All terms and conditions of the Board’s previous Resolutions remain in full force and effect except as modified in this Resolution.
7. Payment of all fees, costs, escrows due or to become due. Any monies are to be paid within 20 days of said request by the Board 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: Cecchini, DeBoer, Hough, Slate, Mylecraine, Smith.
THOSE OPPOSED: None. MOTION CARRIED.

L-20-2007 ROBERT AND KRISTIN GENETELLI

Mr. DeBoer made a motion seconded by Mr. Cecchini to adopt the resolution memorializing the Board’s decision of January 15, 2008 granting “c” variance relief to Robert and Kristin Genetelli for Block 26, Lot 2.21, as shown on the Tax Map of the Township of Wantage located at 5 Kearny Drive, in a Residential Zone, pursuant to N.J.S.A. 40:55D-70c, 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. 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.
4. Certificate that taxes are paid to date of approval.
5. Sussex County Planning Board approval, if necessary.
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: Cecchini, DeBoer, Gaechter, Slate, Vander Berg, Smith.
THOSE OPPOSED: None. MOTION CARRIED.

L-22-2007 GARY AND KATHLEEN DIPIPPO

Mr. Slate made a motion seconded by Mr. Cecchini to adopt the resolution memorializing the Board’s decision of November 27, 2007 granting “c” variance relief to Gary and Kathleen DiPippo for Block 147, Lot 6.01, as shown on the Tax Map of the Township of Wantage located at 15 Courtright Road, in the RE-5 Zone, pursuant to N.J.S.A. 40:55D-70c, 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 Applicants shall comply with the recommendations set forth in the Board Engineer's report dated October 18, 2007.
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. 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.
5. Certificate that taxes are paid to date of 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: Cecchini, DeBoer, Hough, Slate, Mylecraine, Smith.
THOSE OPPOSED: None. MOTION CARRIED.

L-28-2007 BRIAN J. CLOUSE

Mr. Cecchini made a motion seconded by Mr. Slate to adopt the resolution memorializing the Board’s decision of January 22, 2008 granting minor site plan approval to Brian J. Clouse for Block 7, Lot 15.01, as shown on the Tax Map of the Township of Wantage located on Route 23 North, in the I Zone, pursuant to N.J.S.A. 40:55D-46.1, subject to the following terms and conditions:

1. The development of this parcel shall be implemented in accordance with the plan submitted and approved.
2. This approval is granted strictly in accordance with the plat prepared byWayne T. McCabe & Associates, Inc., dated December 14, 2007.
3. This approval is subject to and conditioned upon the Applicant filing a copy of the septic permit with the Land Use Board.
4. This approval is subject to and conditioned upon the cars being parked in the back of the Subject Property and out of sight.
5. This approval is subject to and conditioned upon the Applicant complying with the Board Engineer’s report dated January 3, 2008.
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 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: Cecchini, DeBoer, Gaechter, Slate, Vander Berg, Smith.
THOSE OPPOSED: None. MOTION CARRIED.

L-34-2006 ERIC TURNQUIST

Mr. Cecchini made a motion seconded by Mr. Slate to adopt the resolution memorializing the Board’s decision of January 22, 2008 granting first extension of minor subdivision approval to Eric Turnquist for Block 142, Lot 14, as shown on the Tax Map of the Township of Wantage located on Clove Road, in the Residential Environs Zone, pursuant to N.J.S.A. 40:55D-49, subject to the following terms and conditions:

1. The extension granted shall be effective as of January 22, 2008.
2. The extension granted herein shall expire on April 22, 2008.
3. All terms and conditions of the Board's previous Minor Subdivision Resolution of approval unless amended herein, shall remain in full force and effect.
4. 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: Cecchini, DeBoer, Gaechter, Slate, Vander Berg, Smith.
THOSE OPPOSED: None. MOTION CARRIED.

L-13-2007 CHRISTIAN LEONE PROPERTIES I, LLC

Mr. DeBoer made a motion seconded by Mr. Cecchini to adopt the resolution memorializing the Board’s decision of January 22, 2008 granting first extension of minor subdivision approval to Christian Leone Properties I, LLC for Block 1.02, Lot 8, as shown on the Tax Map of the Township of Wantage located on State Highway Route 284, in the R-E Residential Environs Zone, pursuant to N.J.S.A. 40:55D-49, subject to the following terms and conditions:

1. The extension granted shall be effective as of January 22, 2008.
2. The extension granted herein shall expire on July 22, 2008.
3. All terms and conditions of the Board's previous Minor Subdivision Resolution of approval unless amended herein, shall remain in full force and effect.
4. 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: Cecchini, DeBoer, Gaechter, Slate, Vander Berg, Smith.
THOSE OPPOSED: None. MOTION CARRIED.

WAWA MINUTES

Attorney Timothy Prime appeared before the Board. The purpose of Mr. Prime’s attendance to the meeting was to have a formal record of what was approved by the subcommittee of the Land Use Board on September 13, 2007.

Chairman Smith indicated for the record that the lighting color was changed from red to white and the freestanding sign will be 20 ft. in height and will be moved to 100 ft. from the traffic signal intersection.

On a motion duly made seconded and carried, the minutes of the subcommittee meeting held on 9/13/07 were approved.

Mr. DeBoer inquired about the traffic light application or a third lane. The Board requested being kept informed as to what decisions are being made about such improvements. The applicant will contact the land use secretary and give an update.

APPLICATIONS

L-26-2007 ROUTE 23 PATIO & MASON

The applicant is proposing to remove the one-story frame building near Route 23 and construct a 40’ x 40’ proposed storage barn at the rear of the property. A rear yard setback variance is needed. The property is known as Blk. 7, Lot 20 and is located on Route 23 North in the Highway Commercial zone. This application has been rescheduled for the Board’s next meeting due to insufficient notice by the applicant.

L-23-2007 GEORGE DABIS

The applicant is proposing to subdivide a 20.16 acre lot from Blk. 149, Lot 20.10 which will leave a remainder of 6.003 acres. The property is located on Medaugh Road in the Residential Environs zone.

Attorney William Haggerty and Surveyor Joseph Greenaway appeared before the Board on behalf of the applicant.

Mr. Pellow’s report dated October 22, 2007 was discussed.

Mr. Haggerty stated that there are wetlands on the property. However, they are at a significant distance from the building area shown on the plot (more than 300 ft.)

Mr. Smith opened the meeting to the public. There was no one from the public on this application. Mr. Smith reminded the applicant that by granting approval of this flag lot and driveway the Board would limit the development to two parcels, the existing and the new. A deed restriction would be appropriate.

There were no further questions from anyone.

Mr. DeBoer made a motion seconded by Mr. Hough to approve this application subject to Mr. Pellow’s report.

ROLL CALL VOTE:
THOSE IN FAVOR: Cecchini, DeBoer, Gaechter, Hough, Slate, Vander Berg, Mylecraine, Cillaroto, Smith.
THOSE OPPOSED: None. MOTION CARRIED.

L-4-2007 HENDRICK & JOAN KLEIN

The applicant is proposing to subdivide Blk. 36, Lot 15 to result in proposed Lot 15 containing 6.011 acres and proposed Lot 15.01 containing 12.514 acres. The property is located on Quarry Road in the Residential Environs zone.

Members Cecchini and Gaechter stepped down.

Engineer Allen Campbell and Attorney Megan Ward appeared before the Board. The professionals made a brief presentation of the application.

Mr. Pellow’s report dated February 13, 2007, revised December 28, 2007 was reviewed. It was discussed that Item 1.03, proof that taxes were paid to date, and Items 1.06 & 1.07, Affidavit of Ownership & Site Inspection Authorization were submitted prior to the hearing and are on file.

In reference to Item 1.10, Mr. Campbell submitted a response dated November 26, 2007 stating that a variance is requested for the lot width which has a unique land feature, existing driveways, and quarry areas; configure land for frontage of 175 ft. which is conforming with option number three, Environmental Preservation Constraints Option. The property is not conforming to the Traditional Development Option where 250 feet is required.

Item 2.02 Sheet size 24” x 36” - a waiver has been requested as the map submitted is larger than 24” x 36”, but it shows the whole tract on one sheet. Mr. Pellow indicated it is satisfactory.

Item 3.01 the map was revised to describe the groundwater aquifer recharge areas and ground water yield.

Ms. Ward indicated that in reference to Item 3.03, an LOI was obtained after submitting the application and it has been submitted to the Land Use office. Mr. Campbell stated that they have a 50 ft. transition area to the North and 150 ft. transition area to the South. Mr. Campbell indicated where on the plot these are depicted. Exhibit A1 last revised 1/22/08 entitled Minor Subdivision Map of Existing Conditions, consisting of colored Pages 1 and 3 of 3, was introduced.

For Item 4.07, a written confirmation by the Tax Assessor that the proposed lot numbers are acceptable has been submitted.

Mr. Campbell indicated that the applicant is looking to achieve one new home site. Utilizing a 6 acre configuration with the existing home site which would then follow the tree line to the added field to go with the home and create a 6.0 acre lot then having the remainder of 12.5 acres which will be basically the fire quarry area.

The applicant is seeking variances for existing rear yard and 175 ft. lot width. It will not be out of character for the residential zone. Mr. Smith asked for clarification of the shape of proposed lot. Mr. Campbell indicated that the lot line going to the Northeast was a continuation of the rear property line behind the existing dwelling to an extension of physical features of the land, tree line which will be preserved and one of the old roadways.

Exhibit A2, color rendering of Sheet 2 of 3 of the subdivision plot, dated 1/22/2008 was introduced.

Mr. Smith made reference to Mr. Campbell’s report of November 26, 2007, Item No. 2, variance states that the 20,000 sq.ft. of contiguous area does not apply under the traditional development. He stated that the ordinance has changed and it does apply. The applicant, however, has moved the house to address that issue.

Mr. Smith opened the meeting to the public. There was no one from the public wishing to come forward. Mr. Smith opened the meeting to the Board.

Mr. Vander Berg indicated that the rear yard set back is 80 ft where 80 ft. is required which means anything put in the rear yard is going to need a variance, i.e. a deck. The applicant stated that they will slide the building forward about 50 ft.

Mr. Cillaroto asked about the possible need to channel the water that collects along the driveway. Mr. Campbell stated that provisions have been made for that and the issue is taken care of.

Mr. DeBoer made a motion seconded by Mr. Hough to approve this application subject to Mr. Pellow’s report and the comments that were made regarding the building envelope.

ROLL CALL VOTE:
THOSE IN FAVOR: DeBoer, Hough, Slate, Vander Berg, Mylecraine, Cillaroto, Smith.
THOSE OPPOSED: None. MOTION CARRIED.

GENERAL ISSUES

SIGN ORDINANCE

Mr. Smith stated that the sign ordinance has been reviewed. The issues addressed were: Temporary sign definition, permits and fees not required for temporary signs, notification required for signs that are larger than 16 sq.ft., special event signs, garage sale signs. It was discussed that the changes would be made and the ordinance would be forwarded to the Governing Body and recommended for adoption.

ADJOURNMENT

On a motion duly made seconded and carried, the meeting was adjourned at 8:45 p.m.

Respectfully submitted,