May 20, 2008

A regularly scheduled meeting of the Wantage Township Land Use Board was held on Tuesday, May 20, 2008 at 7:30 p.m. 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. It was properly advertised and noticed to the public.

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

Member Slate arrived at 7:50 p.m.

MINUTES

Mr. Cecchini made a motion seconded by Mr. Grau to adopt the minutes of April 22, 2008.

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

RESOLUTIONS

L-25-2007 CONCORD RIDGE

Mr. Grau made a motion seconded by Mr. DeBoer to adopt the resolution memorializing the Board’s decision of April 22, 2008 to grant approval to the application of Concord Ridge for Block 32, Lot 38, as shown on the Tax map of the Township of Wantage located on 11 Sally Harden Road, in the 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. 40:55-70c, 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. The Applicant shall comply with all terms and conditions contained in the Board Engineer’s review reports and/or as same may have been modified pursuant to the hearings in this matter.
3. The granting of this application is subject to and conditioned upon the Applicant installing additional stand pipes for fire protection.
4. The granting of this application is subject to and conditioned upon the attorneys devising language for proposed Lot 38.02 and Lot 38 regarding use of the common driveway.
5. The granting of this application is subject to and conditioned upon the Applicant providing a joint maintenance agreement for the driveway and stormwater facilities which shall be included in the deed for the properties. These agreements are to be reviewed and approved by the Board Engineer.
6. The granting of this application is subject to and conditioned upon an on-site review of the drainage on Sally Harden Road with the replacement of the 12” pipe with a 24” HDPE pipe. The Board Engineer to review and approve.
7. The granting of this application is subject to and conditioned upon the Applicant providing the Board, for review and approval, the details of the electric gate and decorative wing walls when the driveway permits are issued.
8. 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.
9. 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.
10. Certificate that taxes are paid to date of approval.
11. Sussex County Planning Board approval.
12. 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, DeBoer, Grau, Vander Berg, Gill, Smith.
THOSE OPPOSED: None. MOTION CARRIED.

L-26-2007 ROUTE 23 PATIO & MASON

It was discussed some corrections having to do with the rear setback needed to be made. The approved rear setback is 20 feet.

Mr. Grau made a motion seconded by Mr. Cecchini to adopt the resolution, with corrections, memorializing the Board’s decision of April 22, 2008 to grant approval to the application of Route 23 Patio & Mason Center for Block 7, Lot 20, as shown on the Tax Map of the Township of Wantage located on 69 Route 23 North, in the HC (Highway Commercial) Zone, requesting site plan approval with ancillary "c" variance relief pursuant to N.J.S.A. 40:55D-46.1 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 plan submitted and approved.
2. This approval is granted strictly in accordance with the plat prepared by Robert L. Cigol, dated April 19, 2007.
3. The granting of this application is subject to and conditioned upon the Applicant expanding the footprint of the barn to allow for a shed roof to the southern side or the northern side.
4. The granting of this application is subject to and conditioned upon the Applicant complying with all terms and conditions of the Township Engineer's review reports and/or as same may have been modified at the time of the hearing.
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, Grau, Vander Berg, Mylecraine, Gill, Smith.
THOSE OPPOSED: None. MOTION CARRIED.

L-2-2008 SUSSEX BANK

Mr. Grau made a motion seconded by Mr. Vander Berg to adopt the resolution memorializing the Board’s decision of April 22, 2008 to grant approval to the application of Sussex Bank for Block 14, Lot 15 as shown on the Tax Map of the Township of Wantage, located on State Highway Route 23 in the HC (Highway Commercial) Zone, requesting final site plan approval with ancillary "c" variance relief pursuant to N.J.S.A. 40:55D-50 and N.J.S.A. 40:55D-70c(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. The development of this parcel shall be implemented in accordance with the plans prepared and submitted to the Board as follows:
   

   A.	Site plans entitled "Lot 15, Block 14 NJSH Route 23 for Sussex Bank", dated January 2, 2005, prepared by Robert L. Campbell Associates, Inc. and consisting of eight (8) sheets;
   B.	Final site plan entitled, “Lot 15, Block 14 NJSH Route 23 for Sussex Bank”, dated September 2007, prepared by Robert L. Campbell Associates, Inc. and consisting of two (2) sheets;
   C.	Architectural plans entitled "New Office Building for Sussex Bank" dated February 10, 2005, prepared by Charles Shaffer Associates and consisting of four (4) sheets;
   D.	An Environmental Impact Statement prepared by Robert L. Campbell Associates, Inc.;
   E.	Facility Impact Report dated December, 2004 prepared by Robert L. Campbell Associates, Inc.;
   F.	Stormwater Report prepared by Robert L. Campbell Associates, Inc.;
   G.	Evaluation of entrance/exit for Sussex Bank and Ferguson Funeral Home, Block 14, Lots 15 and 15.01 dated December, 2004 and prepared by Robert L. Campbell Associates, Inc.; and H.Landscape plan entitled "Planting Plan" prepared by David Wright, C.L.A., dated March 18, 2005 and consisting of two (2) sheets.

3. The granting of this application is subject to and conditioned upon the Applicant complying with all terms and conditions of the Township Engineer's Review Reports and/or as same may have been modified at the time of the hearing.
4. 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.
5. 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.
6. Certificate that taxes are paid to date of approval.
7. Sussex County Planning Board approval.
8. 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, Grau, Vander Berg, Mylecraine, Gill, Smith.
THOSE OPPOSED: None. MOTION CARRIED.

L-4-2008 SUSSEX SKYDIVE, LLC

Mr. Steven Webb was present at the meeting and he noted a couple of corrections that needed to be made. The corrections had to do with Phase I expansion of the pea gravel area to 60’ x 40’ and night jumps allowed once per month.

Mr. Grau made a motion seconded by Mr. Bono to adopt the resolution, with corrections, memorializing the Board’s decision of April 22, 2008 to grant approval to the application of Sussex Skydive, LLC for Block 18, Lot 5, as shown on the Tax Map of the Township of Wantage located on Route 639, in the Highway Commercial Zone, requesting preliminary and final site plan approval pursuant to N.J.S.A. 40:55D-46 and N.J.S.A. 40:55D-50, 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 supplying the Board with a copy of the amended license application filed with NJDOT and/or FAA with respect to the changes to the property that are being proposed and with respect to the expansion of the aeronautical activities that are taking place.
3. The granting of this application is subject to and conditioned upon the Applicant providing the Board Secretary and Township Clerk with a copy of the amended license.
4. The granting of this application is subject to and conditioned upon the Applicant complying with all terms and conditions of the Township Engineer's Review Reports and/or as same may have been modified at the time of the hearing.
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, if required.
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, DeBoer, Grau, Vander Berg, Mylecraine, Gill, Smith.
THOSE OPPOSED: None. MOTION CARRIED.

L-5-2008 MOUNTAIN VIEW MANOR

Mr. Cecchini made a motion seconded by Mr. Bono to adopt the resolution memorializing the Board’s decision of April 22, 2008 granting approval to the application of Mountain View Manor for Block 4, Lot 1.01 as shown on the Tax Map of the Township of Wantage, located on Route 23 in the HC (Highway Commercial) Zone, requesting sign variance relief 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 granting of this application is subject to and conditioned upon the Applicant complying with all terms and conditions of the Township Engineer's review reports and/or as same may have been modified at the time of the hearing.
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. Sussex County Planning Board approval, if required.
7. 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, Grau, Vander Berg, Mylecraine, Gill, Smith.
THOSE OPPOSED: None. MOTION CARRIED.

L-1-2008 BRUCE & JOANNA BORELLA

Mr. Bono made a motion seconded by Mr. Cecchini to adopt the resolution memorializing the Board’s decision of May 20, 2008 granting approval to the application of Bruce and Joanna Borella for Block 42, Lot 2 as shown on the Tax Map of the Township of Wantage, located on Wantage School Road, in the RE-5 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-70c, 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 by Kenneth A. Wentink & Assoc., dated October 23, 2007 with the revision date of January 24, 2008, and/or as same may be modified in consultation with the Board Engineer.
3. 3. The Applicant shall comply with all terms and conditions contained in the Board Engineer’s review reports and/or as same may have been modified pursuant to the hearings in this matter.
4. Prior to the issuance of any construction permit, the Applicants shall file with the Board and construction official, an Affidavit verifying the Applicants are in receipt of all necessary agencies approvals other than the municipal agency having land use jurisdiction over the Application and supply a copy of any approvals received.
5. Payment of all fees, costs, escrows due or to become due. Any monies are to be repaid within twenty (20) days of said request by the Board secretary.
6. Certificate that taxes are paid to date of approval.
7. Sussex County Planning Board approval.
8. 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, Gaechter, Grau, Slate, Vander Berg, Smith.
THOSE OPPOSED: None. MOTION CARRIED.

APPLICATIONS

L-46-2005 QUICK CHEK FOOD STORES

The applicant is seeking an extension of Preliminary and Final Major Subdivision and Preliminary and Final Major Site Plan approval with Bulk Variance Relief granted February 21, 2006 and memorialized on March 28, 2006. The property is known as Blk. 3, Lot 2.07 and Blk. 4, Lot 1.01 located on Route 23 in the HC zone.

Attorney Daniel Madrid appeared before the Board. Mr. Madrid explained that the company is presently undergoing negotiations in order to finish up all the details and be able to start construction. Mr. Madrid inquired about the need to get an extension on the use variance that was granted in 2005 with minor subdivision. Mr. Kienz stated that the variance was granted and that the minor subdivision was perfected so the variance goes with the land. Therefore, there is no need to get an extension on the variance.

Mr. Cecchini made a motion seconded by Mr. Bono to grant an extension of the approvals until March 28, 2009.

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

L-21-2007 ERIC TURNQUIST

The applicant is seeking an extension of Minor Subdivision approval granted on October 16, 2007 and memorialized on November 27, 2007. The property is known as Blk. 140, Lot 18 located on Clove Road in the RE-5 zone.

Mr. Michael C. Gaus of Lucas & Gaus, submitted on behalf of the applicant a letter stating the request. In his letter, Mr. Gaus stated that the applicant has been diligent in his efforts to satisfy the conditions of approval and all conditions have not been met.

Mr. Grau made a motion seconded by Mr. DeBoer to grant a 90-day extension from June 5, 2008 to September 5, 2008.

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

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

The applicant submitted revised plans dated April 28, 2008 following the hearing of March 25, 2008. Mr. Pellow’s report dated May 20, 2008 was reviewed. Item 2 stated that proposed Lots 2.01 and 2.02 have been redesigned and that the 20,000 sq.ft. of contiguous, nonconstrained land for each lot are to be shown on the plans and that this is a much neater application. Items 7, 8, 9, 10, 12 referring to drainage easement, wetland conservation easement, road widening deeds, Road Trust Fund deposit and driveway permit were discussed.

There was no one from the public present on this application. Mr. Smith opened the meeting to the Board. Mr. Grau asked what was planned for the remainder lot. Mr. Wentink stated it would probably be subdivided again.

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

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

L-8-2008 JOHN NOTARO

The applicant is seeking approval of a D Variance in order to change the use of the driveways on his property known as Blk. 129, Lot 1.02 located on Route 519 in the RE-5 zone.

Mr. John Notaro appeared before the Board.

Board members DeBoer and Gaechter recussed themselves from voting on this application as this was a use variance application.

Mr. Notaro explained the reason for his request is that the County has indicated that they do not want him to use the entrance on the county road for the business. He stated that the County has recommended that he move the entrance to the driveway off of Decker Road.

Mr. Kienz stated that this application would be a modification of the D Variance and minor deviation of the site plan.

Mr. Smith opened the meeting to the public. Mr. Kelly Leavitt, 308 Rt. 519, stated that the lights of cars coming off of Decker Road would be directly shining on their bedroom window and he suggested some kind of berm and he was concerned with any lighted signs early in the morning. Mr. Notaro stated that he was considering 10 ft. cypress and that there would be no lighted signs, 1 iluminated sign on 519. Melissa Parise, 15 Decker Rd, expressed concern being the first house on Decker with the added traffic.

There was no one else from the public present on this application. The meeting was closed to the public and opened to the Board. Ms. Kanapinski asked about 16 ft light pole an asked if it would be on timer. Mr. Notaro replied yes and stated that it was on the original resolution; Mr. Cecchini stated that he believes the majority of the traffic will be coming from Rt. 519 and going back to 519. Ms. Mylecraine commented that anyone going to the original location of the driveway from Decker Road would still be passing by that property anyway regardless of where the new driveway is located. Mr. Bono asked if the county gave a reason why they did not want the driveway on the county road. Mr. Notaro stated that there were issues with sight distance based on the speed limit of 40 mph. Ms. Mylecraine added that she did not think planting cypress would be a good idea since deer love to eat cypress and recommended planting other trees. Mr. Pellow suggested that he would check on the berm to make sure it is satisfactory.

Mr. Vander Berg made a motion seconded by Mr. Grau to approve this application. It was discussed that the Board was in agreement that Mr. Notaro could waive receipt of the resolution prior to obtaining a building permit.

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

INFORMAL

Mr. Tom Scala, owner of Blk. 102, Lot 15.02 located on Basset Bridge Road approached the Board to get an idea of what would be the best use of the property. After some discussion, it was noted that it would be best for him to leave the structure with the same footprint and just bring it up to code. Mr. Kevin Kervatt stated that he was concerned about the intensity of the employees. Mr. Slate stated that this was probably done long before zoning. It was the Board’s opinion that he should come in with an as built survey, with well & septic and that the site would be suitable for approximately 15 employees. If an expansion is planned, the owner will then have to come back to the Board. It was also discussed the Board would do a site walk of the property. Mr. Bono made a motion seconded by Mr. Grau to allow Mr. Scala to move to Building and to waive a site plan.

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

Edward Mainardi, Jr., Esq. appeared before the Board to get clarification of the approvals granted in 2006 for Mainland Sussex. Mr. Mainardi proposes to expand the Laser One operation behind the store fronts on the property. After some discussion and review of the approved resolution of 2006 and the proposed expansion, the Board agreed that the
plan meets its original intent, and that the proposed is smaller than what was approved in 2006. On a motion duly made seconded and carried, the Board decided to recommend the withdrawal of the zoning denial

Mr. Ed Vander Berg stated that the Building Department was having a problem with the changes of the ordinance for the lot size requirement from 1 acre to 5 acre zoning.

Mr. Magarino of Magarino Ford appeared before the Board in support of his correspondence to the Land Use Board and his request to allow temporary banners displayed in front of his business for special events. It was discussed that a follow up to the signage ordinance which makes a provision for temporary signs was in order. The Land Use Board will check with the Township Administrator to find out the status of the signage ordinance.

MASTER PLAN

On a motion duly made seconded and carried, the Board agreed to prepare reexamination reports and to proceed with revisions to the Master Plan.

OPEN SPACE PLAN

On a motion duly made seconded and carried, the Board agreed to make the Open Space Plan a part of the Master Plan.

ADJOURNMENT

On a motion duly made seconded and carried, the meeting was adjourned at 9:15 p.m.

Respectfully submitted,
Stella Salazar
Secretary