July 22, 2008

A regularly scheduled meeting of the Wantage Township Land Use Board was held on Tuesday, July 22, 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. Bono, Cecchini, DeBoer, Gaechter, Grau, Hough, Smith, Slate, Vander Berg.  Mmes. Gill, Kanapinski.  Attorney Glenn Kienz, Engineer Harold Pellow.
ABSENT:  Mme. Mylecraine, Mr. Cillaroto.

APPROVAL OF MINUTES

Mr. Slate made a motion seconded by Mr. Grau to adopt the minutes of June 17, 2008.

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

RESOLUTIONS

L-6-2008 P.S., LLC (MAGARINO)

Mr. Vander Berg made a motion seconded by Mr. Cecchini to adopt the resolution memorializing the Board’s decision of June 17, 2008 to grant approval to the application of P.S., LLC for Block  3, Lot 49, as shown on the Tax Map of the Township of Wantage located on Route 23, in the HC Zone, requesting preliminary site plan approval with ancillary "c" variance relief pursuant to N.J.S.A. 40:55D-46 and 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, Gaechter, Hough, Slate, Vander Berg, Gill, Smith.
THOSE OPPOSED:  None.  MOTION CARRIED.

L-15-2008 L & M PROPERTIES, LLC

Member Gill brought to the attention of the Board members that the site does not currently contain a body shop.  It was discussed that the last paragraph of Page 1 should be changed to read “Currently, the site contains a landscape supply company”.

Mr. Vander Berg made a motion seconded by Mr. Slate to adopt the resolution, with changes, memorializing the Board’s decision of June 17, 2008 to grant approval to the application of L&M Properties, LLC for Block 117, Lots 2 and 38.02, as shown on the Tax Map of the Township of Wantage located on Route 628 in the HC and RE-5 Zones, requesting preliminary and final site plan approval with "c" and "d" variance relief is granted pursuant to N.J.S.A. 40:55D-46, N.J.S.A. 40:55D-50, N.J.S.A. 40:55D-70c and N.J.S.A. 40:55D-d, 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 improvements to the entrance be made for the safety reasons discussed.
3. The granting of this application is subject to and conditioned upon the sign being located 25 feet from the right-of-way.
4. The granting of this application is subject to and conditioned upon the storage bins being relocated and the dumpster being relocated and screened.
5. This approval is granted in accordance with any recommendations set forth by the Township Engineer.
6. The granting of this application is subject to and conditioned upon Sussex County Planning Board approval.
7. 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.
8. 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.
9. Certificate that taxes are paid to date of 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:  Hough, Slate, Vander Berg, Gill, Smith.
THOSE OPPOSED:  None.  MOTION CARRIED.

APPLICATIONS 

L-22-2006 LINDA SPACE/GREGG OSTROWSKI

The applicant is seeking reapproval of minor subdivision.  The approval was originally granted on October 24, 2006 and memorialized on December 19, 2006.  The property is known as Blk. 17, Lot 4.01 and is located on Lewisburg Road in the Residential Environs zone.

Attorney William Kehoe, Ms. Linda Space appeared before the Board.

Mr. Kehoe explained to the Board that the filing of the deeds was being handled by another attorney.  Mr. Kehoe was retained by the applicant to finalize the subdivision.  He stated that he had prepared the deeds and the applicant is in compliance of all requirements, therefore, the deeds are now ready to be executed.

Mr. Bono made a motion seconded by Mr. Slate to grant reapproval of subdivision subject to all conditions of the prior resolution.

ROLL CALL VOTE:
THOSE IN FAVOR:  Bono, Cecchini, DeBoer, Gaechter, Grau, Hough, Slate, Vander Berg, Smith.
THOSE OPPOSED: 

L-12-2008 LEWISBURG ROAD ACQUISITIONS, LLC

The applicant is subdividing one lot containing 156.056 acres, leaving a remainder lot containing 10.644 acres.  Planning variance is needed, as Roy Road is an unimproved Township road consisting of a gravel surface.  The property is known as Blk. 17, Lot 1 and is located at the intersection of Roy Road & Lewisburg Road.

Member Hough stepped down

Attorney Richard Valente, Engineer , Ken Dykstra, and the applicant/owner Scott Lewis appeared before the Board.

Mr. Smith stated that a site walk was conducted on this property.  It was discussed that the existing house on the remaining lot would be upgraded.  The remaining lot will go under Farmland Preservation.

Mr. Pellow’s report was reviewed.  It was discussed that proper sight distance for the intersection of Roy Road and Lewisburg Road should be obtained by clearing, regarding, topsoiling, seeding, and mulching.  As a condition of the resolution, the applicant will move the garage doors on remainder Lot 1 to a different location on the structure, to improve safety.  It was discussed that a deed for the road widening of Roy Road is to be conveyed to the Township and that the wetlands and wetland transition areas of remainder Lot 1 should be detailed a little better.  Mr. Valente stated that the existing home will not be expanded due to the wetlands and a 150 ft. buffer.  The Board asked that this issue be reflected in the deed to prevent an unsuspecting homeowner at some point building into the wetlands.  A Road Trust Fund contribution of $1,900.00 to be deposited with the Township and COAH obligation applies.  County approval is needed.  The applicant stated that an easement for the bridge is required by the County for the property going in Farmland Preservation.

There was no one from the public wishing to come forward on this application.  Mr. Smith opened this portion of the hearing to the Board.  Mr. Grau asked about the other structure.  Mr. Lewis stated that is a different lot.

Mr. Bono made a motion seconded by Mr. Grau to approve this application subject to the conditions on Mr. Pellow’s report.

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

 The applicant is proposing to subdivide a 72.095 acre tract and a remainder lot containing 77.650 acres.  The property is known as Blk. 120, Lot 2 and is located on Pidgeon Hill Road in the RE-5 zone.

Member Hough stepped down

Attorney Richard Valente, Engineer Ken Dykstra, and the applicant/owner Scott Lewis appeared before the Board.

Mr. Dykstra indicated that one of the lots has access on County Road 637 (Beemer Church Road) but it is also accessed off of Pidgeon Hill Rd.  The driveways are already there.  A waiver is being requested because the common driveway is not paved and for the driveway width of 18 ft, where the ordinance requires the driveway to be 20 ft wide.  Both lots are going to be conveyed as Farmland Preservation lots.

Mr. Pellow’s report was reviewed.  A Road Trust Fund contribution of $1,900.00 to be deposited with the Township and COAH obligation applies.  County approval is needed.  Drainage easements are needed to discharge runoff from the storm drain on Pidgeon Hill Road.

There was no one from the public wishing to come forward on this application.  Mr. Smith questioned the issue of not paving the road at the split.  Mr. Dykstra indicated that the reason why they would like to keep it gravel is for drainage considerations as there will be better infiltration with the gravel.  The Board agreed that this waiver could be granted due to the fact that the lots will be going into Farmland Preservation.

Mr. Grau made a motion seconded by Mr. Grau to approve this application with the stipulation that the waivers were granted with the understanding that the properties will be going into Farmland Preservation and subject to Mr. Pellow’s report.

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

Mr. Smith stated that he would like to commend the applicant for putting all that property in Farmland Preservation.

L-11-2008 BONNIE & GREGORY PUZIO

The applicant is seeking a “C” variance approval to construct an in-ground pool.  The property is known as Blk. 158, Lot 1.12 and is located on two streets: Volcanic Hill Road and Nielson Road.

Mr. Greg Puzio appeared before the Board.

Mr. Puzio indicated that the front of the house is located on Volcanic Hill Road.  The proposed pool will be 18 x 36 ft.  Mr. Puzio stated that the location of the pool was chosen because it made more sense as far as the proximity to the house and the deck behind the house.  Mr. Kienz asked where the pool equipment would be located.  Mr. Puzio indicated that he had not asked the pool company where it would be.  Mr. Kienz suggested keeping the pool closer to his property as opposed to the neighboring property to avoid any problems.

Mr. Pellow’s report was reviewed.  An as-built plan prepared by a license land surveyor after the pool has been constructed must be submitted.  The type of fence to be constructed will be simple and the most cost effective.  The rear of the lot where the pool will be constructed is open and very flat and not trees will be disturbed and very little grading will be required.  The pool will be screened from Nielson Road due to the wooded area between the rear of the house and Nielson Road.

There was no one from the public present on this application.  Mr. DeBoer indicated that he did not agree with the homeowners having to file this type of application and he felt that the ordinance might have to be changed.  Mr. Kienz indicated that the only way to do it would be with an ordinance change.

Mr. DeBoer made a motion seconded by Mr. Cecchini to approve this application and to waive receipt of the resolution prior to building permit.

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

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 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.

Board members DeBoer and Gaechter stepped down as this is a use variance application.

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

Mr. Vander Heide explained that the site currently holds a non-conforming building commercial on the ground floor and two 1-bedroom apartments on the second floor.  The applicant proposes to add 2,000 sf of commercial space on the first floor and a two-bedroom apartment on the second floor.  The dwelling will then have four commercial units and three residential units.  A discussion followed regarding the COAH obligation.  Mr. Wentink made comments on landscaping.  He applicant requested a waiver as there is not enough room for landscaping.  Landscaping between the curb and the parking lot would interfere with the site plan.  The septic system is built up out of the ground because of a high mottling soil.  That would screen the storage units in the back and whatever cedar trees are taken out in order to build the septic system will be planted along both sides of the septic system.  Since there is so little landscaping that it does not warrant a landscape plan.  A “C” variance for height is needed and it will be incorporated to the D variance

It was discussed that the required parking spaces for the residential area equals five, the applicant proposes six.  The temporary driveway is only for construction

Mr. Desai stated that if he had another business that business would draw people to his business and he needs the new apartment for himself so he is closer to the business to come in and open.  Mr. Desai proposes non-food establishments because they would be in competition with his business.  He intends to have a pick up and run business along the lines of a dry-cleaner’s.

Mr. Wentink discussed the signs.  He stated that the existing signs are lower than the ordinance requires.  The signs are about 8 ft off ground, one sign will be removed, and there will be signs over the two new stores, over each unit.  Mr. Wentink stated that all the signs will be the same (like Ames).  Ms. Kanapinski inquired about the façade of the building and the new addition to match the existing.  It was discussed that the façade design and color must be approved by David Troast.

There were no members of the public present on this application.

Mr. Vander Berg discussed the parking lot.  He feels that the flow should go around the back, business draws a lot of trucks, some usable property where the existing septic is located, and it will remain.  Mr. Desai stated he would change it.  Mr. Smith stated that there is a garage in the line of traffic.  Mr. Smith asked if the types of businesses for that location should be delineated at this time.  Mr. Kienz suggested the type of business be approved by Mr. Pellow or the subcommittee.  Mr. Smith asked if handicap accessibility would be required for one of the apartments above should it be used as a COAH unit.

A discussion followed regarding drainage issues.  Mr. Wentink stated that an underground chamber under the north driveway was put in.  He stated that they are restricted by the location of the restaurant’s well and the applicant’s septic and well locations.

Lighting was discussed.  Mr. Wentink stated that the applicant leases two light poles from Jersey Central.  The applicant is proposing one new light in the back of the property.  The Board feels that a lighting plan is important, especially on that side of Wantage, being the gateway to the Township.

Mr. Kienz suggested the Board vote on the D variance subject to site plan and carrying the application, pending aesthetics, to a site meeting on full notice and to the August 26, 2008 Board meeting, no further notice required by the applicant.

Mr. Cecchini made a motion seconded by Mr. Bono to grant the use variance approval subject to the site plan, pending aesthetics, more information being supplied by the applicant, carrying the site plan part of the application to a site meeting and the August 26 meeting.

ROLL CALL VOTE:
THOSE IN FAVOR:  Bono, Cecchini, Grau, Hough, Slate, Vander Berg, Smith.
THOSE OPPOSED:  None.  MOTION CARRIED.

Mr. Smith announced that there would be no new business after 10:00 pm and that the meeting would end at 10:30 p.m.

The applicant is seeking preliminary major subdivision approval of 90.635 acres into thirteen (13) residential lots.  The property is known as Blk. 113, Lots 2.01 & 2.03 and is located on Fernwood Road in the RE-5 zone.

Engineer Kenneth Dykstra and Carroll Quinn, owner, appeared before the Board.

Exhibit A1, a color rendering “Preliminary Major Subdivision” dated 7/22/08 was introduced by Mr. Dykstra.  Mr. Dykstra indicated that there were two concept meetings with the subcommittee of the Land Use Board and one site walk.  He stated that the proposed subdivision will be for 13 lots, serviced by a 3100 ft. private road to be maintained by a homeowner’s association.  There will be 11 market lots larger than 6 acres each, one lot with the existing house and a proposed barn, used by Mr. Quinn, and a 1-acre lot with a proposed duplex dwelling for affordable housing.  Three detention basins are proposed.

A number of variances are required:  1) lot size, lot depth, front yard setback, front yard setback and less than 20,000 contiguous non-constrained land for proposed Lot 2.04., 2) existing barn (accessory use in front yard, cannot be moved) for proposed Lot 2.03.
3)  For proposed Lot 2.10, less than 20,000 of contiguous non-constrained land.  The applicant is requesting waiver of sight distance limited by the curb on Fernwood Road.  Soil testings were done at three different times, there are two existing wells on the property.

Mr. Pellow’s report was reviewed.  There was a discussion about making the road a public road as opposed to a private road.  Mr. Smith discussed the well testing.  Mr. Pellow explained that the applicant should ask the neighbors for permission to test their wells.

The meeting was opened to the public:  Kathleen Gorman of 53 Fernwood Rd, asked how if the property is in Lake Neepaulin can there be a homeowner’s association.  She was also concerned with how the wells and septic are going to be affected.  Glenn Comfort of 67 Fernwood Road, expressed concern about the safety of the intersection.  He was concerned with the drainage from the ditches.  Mr. Dykstra explained that some of the water will now be redirected to Lot 2.14 into the wetlands and away from Fernwood Road.  Helen Pfeifer of 36 Old Clove Road stated that the proposal is very nice and that it is a nice addition to Wantage.  She is concerned with the drainage as well, because she has a lot of wetlands and water already comes through the rockwall.  Ed Wiessmann of 28 Fernwood Road, whose property abuts proposed Lot 2.14 expressed concern with groundwater as he normally gets sediment coming up in his well.  He stated that the proposal looks attractive and that he is pleased that the lots are so large.  Maria Giard of 66 Fernwood Road, was concerned about the well, 250 ft deep, house built in 1961, and she gets a lot of sediment as well.

On a motion duly made seconded and carried this application was carried to the August 26, 2008 meeting.  No further notice is needed.

 Mr. Herb Umstead, who lives on Rt. 628 and Matthew Drive, wants to put a  24 x 32 ft. pole barn on his property that he intends to use for storage.  He has three (3) front yards, the property is 1½ acre, and he is looking to put an 800 SF addition.

It was discussed that the applicant needs a C variance, no checklist is needed.  The Board members stated that the information that Mr. Umstead brought in is sufficient and with a formal application and notice the Board will be able to hear this application at the next Board meeting.

ADJOURNMENT

On a motion duly made seconded and carried, the meeting was adjourned at 10:30 p.m.

Respectfully submitted,
Stella Salazar
Secretary