March 25, 2008

A regularly scheduled meeting of the Wantage Township Land Use Board was held on Tuesday, March 25, 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, Attorney Glenn Kienz, Engineer Harold Pellow.
ABSENT: Mr. Cillaroto, Mmes. Mylecraine, Gill, and Kanapinski.

APPROVAL OF MINUTES

Mr. Vander Berg made a motion seconded by Mr. Slate to adopt the minutes of February 19, 2008.

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

Mr. DeBoer was called out on an emergency at approximately 7:45 p.m. Mr. DeBoer returned to the meeting at around 8:45 p.m.

RESOLUTIONS

L-4-2007 HENDRICK & JOAN KLEIN

1. The development of this parcel shall be implemented in accordance with the plans submitted and approved.
2. This approval is granted strictly in accordance with the plans prepared by Robert L. Campbell Associates, dated December 2006 and last revised November 15, 2007.
3. This approval is subject to the Applicants satisfaction of all terms and conditions of the Board Engineer's report dated February 13, 2007, revised December 28, 2007 and/or as same may have been modified at the time of the hearing.
4. This approval is subject to a site walk being conducted to view the house location, former quarry and access drive on the Subject Property.
5. Prior to the issuance of any construction permit, the Applicants shall file with
   the Board and Construction Official an affidavit verifying that the Applicants are 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. This approval is subject to the building envelope being located such that no variance relief would be necessary should the eventual property owner desire to place a deck in the rear yard.
7. This approval is subject to the Applicants complying with the Township's Affordable Housing Ordinance as applicable.
8. This approval is subject to the Applicants making a contribution in the amount of $2,000.00 to be paid to the Wantage Road Trust Fund prior to the Deeds being signed.
9. This approval is subject to the Applicants submitting appropriate sight profiles in conformance with the Township Ordinance to the Board Engineer for review.
10. This approval is subject to the Applicants providing the Township of Wantage with a road widening deed for Quarry Road.
11. This approval is subject to the Applicants submitting the proposed Deeds to the Board's professionals for approval as to form.
12. This approval is subject to the Applicants submitting a Letter of Interpretation from the NJDEP for the Subject Property.
13. 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.
14. Certificate that taxes are paid to date of approval.
15. Sussex County Planning Board approval.
16. 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, Smith.
THOSE OPPOSED: None. MOTION CARRIED.

L-23-2007 GEORGE DABIS

George Dabis for Block 149, Lot 20.10, as shown on the Tax Map of the Township of Wantage located at Medaugh Road in the Residential Environs (RE) Zone, requesting minor subdivision approval with ancillary "c" variance relief pursuant to N.J.S.A. 40:55D-47 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 granted strictly in accordance with the plans prepared by Joseph D. Greenaway, P.L.S., dated September 20, 2007 and/or as same may be modified as a result of the hearing or in consultation with the Board Engineer.
3. This approval is subject to the Applicant satisfying all terms and conditions of the Board Engineer's report dated October 22, 2007 and/or as same may have been modified at the time of the hearing.
4. This approval is subject to the Applicant submitting a copy of all Easements and Deeds for review by the Board Engineer and Board Attorney for acceptability as to form.
5. This approval is subject to the Applicant satisfying the Township of Wantage Affordable Housing Ordinance as applicable.
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: Cecchini, Gaechter, Hough, Slate, Vander Berg, Smith.
THOSE OPPOSED: None. MOTION CARRIED.

APPLICATIONS

L-19-2007 THE TARA INN

Mr. Grau made a motion seconded by Mr. Bono to dismiss this application without prejudice.

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

L-26-2007 ROUTE 23 PATIO & MASON

Mr. Smith stated that this application would not be heard tonight, due to insufficient notice by the applicant. This application will be placed on the agenda for April 22 and the applicant will notice.

L-2-2008 SUSSEX BANK

The applicant has requested to have this application carried to the April 22, 2008 meeting. On a motion duly made seconded and carried, this application was carried to the April 22, 2008 meeting. No further notice is required.

L-52-2002 FORUM HOMES

The applicant has requested a one-year extension of the preliminary major subdivision approval granted April 26,2005 and memorialized May 24, 2005. Mr. Grau made a motion seconded by Mr. Bono to grant the approval until May 24, 2009. The secretary to send a letter confirming the same.

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

L-5-2007 EDWARD BRANDS

The applicant has requested a six-month extension of minor subdivision approval in order to record the deeds. Mr. Grau made a motion seconded by Mr. Vander Berg to reaffirm the subdivision. The secretary to send a letter reaffirming the subdivision.

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

L-1-2008 BRUCE & JOANNA BORELLA

The applicant is proposing to subdivide two (2) lots and a remainder. The property is known as Blk. 42, Lot 2 and is located on Wantage School Road in the RE-5 zone.

Mr. Bruce Borella and Engineer Ken Wentink appeared before the Board.

Mr. Wentink explained that the applicant is applying for variances for the 20,000 sq. ft. of contiguous nonconstrained area. The sizes of the proposed lots are 5.013 ac for Lot 2.01 and 5.004 ac for Lot 2.02. The remainder lot, Lot 2, would have 38.628 acres and would have access from Wantage School Road.

There was no one from the public present on this application.

The Board suggested changing the configuration of the two new lots coming in from Wantage School Road and the remainder lot having access from Turner Road as a private
driveway. Mr. Kienz stated that he could even have a favorable resolution for the three lots ready for next month.

Mr. Vander Berg made a motion seconded by Mr. Grau to carry this application to the April 22, 2008 meeting along with a favorable resolution for the three lots so the applicant will not lose any time. No further notice is required.

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

L-3-2008 WILSON/MARSH

The applicant is proposing to subdivide an 18.051 acre lot, with a remainder lot containing 5.021 acres. The property is known as Blk. 150, Lot 22.01 and is located on Mudtown Road in the RE-5 zone.

Attorney Martin Vander Heide, Engineer Dan Kent, and Mrs.Lela Wilson appeared before the Board.

Mr. Vander Heide stated that Block 150, Lot 22.01 was the subject of an application for minor subdivision in 2005 where a tract of land from Lot 22.01 was to be annexed to an adjoining lot. The subdivision was approved. The owner of the other lot changed his mind and decided not to purchase the land. The application before the Board tonight is a new lot with an access driveway from Mudtown Road.

Mr. Smith stated for the record that Letter of Interpretation, General Permit 10A , and approved Wetlands Location & Application Plan dated 12/17/07 have been submitted for the files. A copy of the approved plans from the DEP are to be filed with the Land Use Board.

Mr. Pellow’s report was discussed. The COAH obligation is to be addressed. A Road Trust Fund contribution of $1,800.00 to be deposited prior to the deeds being signed. The County Health Department to comment if a septic can be constructed on this lot. Additional road widening to be dedicated to the Township. Conservation easements to be prepared to run with the land for wetlands and transition areas. Driveway sight distance is satisfactory. Mr. Pellow stated that the checklist will be revised to agree with our driveway ordinance for height of eye and height of object. Both are 3.5 feet. A variance may be needed for the 20,000 sq.ft. of contiguous, non-constrained land, as the water table is within 1-3 feet of the surface and the soil logs verify this.

There was no one from the public present on this application.

The Board discussed that construction should be slab. This is to be noted on the resolution.

Mr. Hough made a motion seconded by Mr. Bono to approve this application subject to Mr. Pellow’s report and slab construction to be noted on the resolution.

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

L-4-2008 SUSSEX SKYDIVE, LLC

The applicant is seeking preliminary and final site plan approval for a parachuting facility. The property is known as Blk. 18, Lot 5 and is located on County Route 639 in the HC zone.

Board member Cecchini stepped down because he is an adjacent property owner.

Attorney Martin Vander Heide, Engineer Kenneth Wentink, and skydiver Steven Webb appeared before the Board.

The applicant is proposing to expand the skydiving facility in three (3) phases as outlined on Sheet 1 of 3 of the site plan dated 3/13/08, prepared by Mr. Kenneth Wentink.

Mr. Vander Heide stated that a resolution from 1994 issued by the Board of Adjustments determined that skydiving was an accessory use of the airport. Not all the property is airport zoned. The property is located in the LI zone and the HC zone. Mr. Pellow’s report was reviewed. It was discussed that dates should be established when each phase is to be completed. The applicant stated that each will be one (1) year. The access drive and parking area are in poor condition and need to be regarded and additional dense graded base installed. The trash container should be enclosed. Sign variances are required. Mr. Pellow had a question about where does the proposed macadam walk lead to. The applicant stated that it will lead to the restrooms. It is to be shown on the plan. There are many vehicles behind the hanger/shop where the proposed motor home parking area will be located. The applicant stated that these vehicles will be removed.

The applicant does not need Federal Aviation Administration approval. Sussex County approval is needed, soil erosion permit may be needed from the Sussex County Conservation District, and the large disturbed area to the west of the site.

Mr. Kienz suggested doing an extended notice stating that skydiving is a use of the airport

There was no one from the public on this application.

Mr. Smith stated that before Ed and before the LUB there were structures that were not in compliance with the original approval. The plan before the Land Use Board is an as-built plan and with the skydiving approval, it is the feeling of the Board that the operation can be allowed to start following clearance with Mr. Vander Berg and carry the rest of the application to the April 22, 2008 meeting. The applicant will notice.

Mr. Bono made a motion seconded by Mr. Grau to carry this application to the April 22nd meeting. The applicant will notice.

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

INFORMAL

Mr. John Stearns of Industrial Process & Equipment, Inc., located on Route 23 addressed the Board to get guidance as far as the procedure to clean up the site. Mr. Stearns met with the subcommittee of the Land Use Board on Monday, March 24, 2008 and indicated that the project is to repair the building and put an office to the back of it all within the same footprint. At a later point Mr. Stearns is going to come back for additional building on the property. It was discussed that the Zoning Officer needed to have the approval of the Land Use Board according to the new ordinance that requires that bottled gas has to be closed to the street in order to allow lateral bracing of the walls so he can tie them in to put the roof on. At present water is causing damage to the structure and extending the roof would alleviate that condition as well.

Mr. Grau made a motion seconded by Mr. Bono to allow Mr. Stearns to bring the building up to code and return with a site plan application by August 1, 2008.

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

Mr. Kienz stated for the record that the reason the Board is granting this approval is not because this is part of a site plan but it is for public safety and Mr. Stearns will return with a site plan application by August 1, 2008.

GENERAL ISSUES

Brian Clouse - Mr. Wayne McCabe contacted the Board with questions concerning the resolution items #4, parking of cars in the rear of the building and #9, County approval requirement. Mr. Kienz explained that any site plan application needs county approval or a letter of “no jurisdiction”. With respect to parking cars not being limited to the rear of the building, the applicant must return with an application before the Board if he wishes to modify the condition.

EXECUTIVE SESSION

At 8:58 p.m. Mr. Vander Berg made a motion seconded by Mr. Slate to go into executive session pursuant to the Open Public Meetings Act to discuss attorney-client privileged information dealing with pending litigation involving CJS under Docket No. SSX-L-810-07 and Docket No. SSX-L-696-05.

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

At 9:09 p.m. the Board came out of executive session. Mr. Grau made a motion seconded by Mr. Cecchini to allow the Board’s attorney to negotiate a separate settlement agreement separate from the Governing Body.

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

ADJOURNMENT

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

Respectfully submitted,

Stella Salazar
Secretary