A regularly scheduled meeting of the Wantage Township Land Use Board took place on Tuesday, March 28, 2006 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. It was properly noticed and posted to the public.
ROLL CALL
PRESENT: Mssrs. Smith, Slate, DeBoer, Bono, Hough, Cecchini, Cillaroto, Grau. Mmes. Kanapinski, Gill, Township Engineer Harold Pellow, Township Attorney Glenn Kienz.
EXCUSED: Mr. Corrigan
ABSENT: Mme. Mylecraine, Mr. Space.

APPLICATIONS

L-2-2006 WILLIAM CLOKE
Application to subdivide two lots each containing an existing dwelling, located in the HC zone. The property is known as Blk. 117, Lot 32.01 and is located on Route 565 in the HC zone.

Mr. Will Cloke, Jr. and Engineer Kenneth Wentink appeared before the Board. Mr. David Troast, Consulting Planner for Wantage and the Land Use Board, was sworn in.

The issue to be discussed was the changing of the zone on the remainder 80 acre lot from HC zone to Residential zone. Mr. Troast stated that according to the provisions of the Master Plan, there was no problem granting relief of the zoning ordinance.

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

Chairman Smith stated that the subcommittee concluded that it was advantageous for the Township to grant a use variance on this particular lot. A lot line adjustment behind Mr. Cloke Sr.’s lot was recommended in order to make it a straight line contiguous to the remainder lot.

Mr. DeBoer asked if 80 acres were being taken out of the Commercial zone. Mr. Smith stated that it was only a portion of the 80 acres.

Mr. Kienz suggested that when the applicant comes in on the application for the remainder parcel, the application becomes a 76B application and in his opinion, since this is a use variance, the governing body will not be able to participate on this decision. This application will stay with the Board of Adjustments unless the Land Use Board and the governing body subsequently rezones this parcel in the back to Residential.

Mr. Kienz noted that the resolution should include that the two existing residences
are valid preexisting nonconforming uses and as such are permitted to continue as residential uses.

Mr. Grau made a motion seconded by Mr. Slate to grant use variance along with subdivision approval.

ROLL CALL VOTE:
THOSE IN FAVOR: Smith, Slate, Bono, Hough, Cecchini, Kanapinski, Grau.
THOSE OPPOSED: None. Motion carried

L-30-2002 AT&T (CINGULAR)
Application remanded to the Board for consideration of stealth alternatives so that the Board could have an opportunity to choose which stealthing option would best serve the project. The project is located on Route 284 (Uncle John’s Tavern) and is known as Blk. 24, Lot 1.01 in the RE zone.

Mr. Cecchini, Mr. Hough, and Mr. DeBoer stepped down on this application.

Attorney Anilkumar R. Avutu of Pitney Hardin, appeared before the Board on behalf of the applicant.

Mr. Avutu presented the options, as limited by the court. The options were the flagpole, the stealth pole, and the platform monopole.

Mr. Smith opened the meeting to the public. Mr. David Simmons, Jr. stated that he and the applicant had been discussing an alternate site for the past two years and that he did not know about this application until he received the certified mail notification of this hearing date. He wanted to know if this matter was now concluded as far as his negotiations with the applicant. Mr. Avutu replied that it was his understanding that the applicant was now proceeding ahead with the site on Route 284.

Chairman Smith stated that since the beginning of the application, the Board asked the applicant to search throughout the area as many sites as possible. He did not know that Mr. Simmons had a site available. Mr. Simmons further indicated that he and representatives of the applicant had made three trips up the mountain behind the lake to show the site, they had meetings, they engaged legal counsel, worked with the applicant on arrangements of a lease, and he knows the applicant developed plans. While he realized that the issue was not the subject of the hearing, he wanted to make sure he understood where they were, if he should continue or stop all negotiations.

Mr. Avutu was not aware of the circumstances resulting in the applicant not considering Mr. Simmons’ site. However, he did stress the fact that the court order stated that the applicant did not have to rule out every single possible site in the Township. They had to show that they had found a site that met their technical criteria and the zoning ordinance.

Mr. Bono made a motion seconded by Mr. Grau to choose the stealth thin monopole, to be no higher than 120 ft.

ROLL CALL VOTE:
THOSE IN FAVOR: Smith, Slate, Bono, Cillaroto, Kanapinski, Gill, Grau.
THOSE OPPOSED: None. Motion carried.

L-7-2006 REGINA CUSACK
Application to subdivide a lot in Lake Neepaulin with an existing house on the remainder lot which will need a side yard setback variance. The property is located on Summit Drive and Red Oak Road in the R2 zone and is known as Blk. 104, Lot 1.

Ms. Regina Cusack and Engineer Kenneth Wentink appeared before the Board.

Mr. Wentink presented the application. Mr. Wentink stated that a C variance for side setback on the existing house is also in question. The C variance has nothing to do with the subdivision and it should have been requested prior to the house being built. The side setback is approximately 14 ft.

It was discussed that the creation of the new lot would not change the nature of the neighborhood. It was discussed that a trust fund would apply on this subdivision.

Mr. Smith opened the meeting to the public. Mr. David Torres asked where the new house would be built in relationship to where his house is located. It was explained by the engineer that the new house would be built on the hillside. Mrs. Carmen Torres had concerns with the new building and the impact on water. It was explained that the ordinance is 2 gallons per minute and that well capacity has to be determined before a building permit can be obtained.

Mr. DeBoer asked if the new house being a two-bedroom house would be eligible for affordable housing. It was discussed that it would be an option for the applicant to explore.

Mr. Cecchini made a motion seconded by Mr. DeBoer to grant approval on this application.

ROLL CALL VOTE:
THOSE IN FAVOR: Smith, Slate, DeBoer, Bono, Hough, Cecchini, Kanapinski, Gill, Grau.
THOSE OPPOSED: None. Motion carried.

On a motion duly made seconded and carried, the minutes of February 21 and February 28, 2006 were approved.

RESOLUTIONS

L-5-2006 STEVEN AHRENDT
Mr. Cecchini made motion seconded by Mr. Grau to adopt the resolution memorializing the Board’s decision March 21, 2006 to approve the application of Steven and Christine Ahrendt for Block 133.02, Lot 1.44 as shown on the Tax Map of the Township of Wantage, located at 3 North Field Drive in the R-2 Zone, granting bulk variance relief pursuant to 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 subject to the Applicants complying with all terms and conditions of the Board Engineer's report dated February 6, 2006 and/or as same may have been modified at the time of the hearing.
3. 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.
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 necessary.
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: Smith, DeBoer, Bono, Hough, Cecchini, Gill, Grau.
THOSE OPPOSED: None. Motion carried.

L-46-2005 QUICK CHEK
Mr. Grau made a motion seconded by Mr. Slate to adopt the resolution memorializing the Board’s decision of February 21, 2006 to approve the application of Quick Chek Foods, Inc. for Block 3, Lot 2.07 and Block 4, Lot 1.01 as shown on the Tax Map of the Township of Wantage, located on New Jersey State Highway Route 23 and Clark Road in the HC (Highway Commercial) Zone, requesting preliminary and final major subdivision approval, preliminary and final major site plan approval and ancillary variance relief pursuant to N.J.S.A. 40:55D-46, N.J.S.A. 40:55D-48, N.J.S.A. 40:55D-50 and N.J.S.A. 40:55D-70(c)(2), subject to the following terms and conditions:

The development of this parcel shall be implemented in accordance with the plans submitted and approved.

This approval is granted strictly in accordance with the preliminary and final major site plan for Quick Chek dated November 14, 2005, consisting of 21 sheets and prepared by Bohler Engineering, P.C. and/or as same may be modified as a result of the hearing on this matter or in consultation with the Board Engineer.

This approval is granted subject to the Applicant complying with all terms and conditions of the Board Engineer's report dated February 7, 2006 and/or as same may have been modified at the time of the hearing or in consultation with the Board Engineer.

The Applicant shall limit its internal placard areas to be utilized on windows in the front of the retail store by limiting the size to two (2) 20 square foot internal placard areas that will be non-illuminated and located on the interior portion of the windowpanes on either end of the entrance to the Quick Chek building.

The Applicant shall place the words "Wantage Township, NJ" on the building sign so that motorists will be made aware of the fact that they are in the Township of Wantage.
The Applicant free-standing sign shall measure 81.18 square feet.

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.

Subject to the Applicant complying with any contribution required pursuant to the Township’s Affordable Housing Ordinance.

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.

Certificate that taxes are paid to date of approval.

Sussex County Planning Board approval.

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: Smith, Slate, DeBoer, Bono, Hough, Cecchini, Kanapinski, Grau.
THOSE OPPOSED: None. Motion carried.

ORDINANCE -
PLANNED COMMERCIAL DEVELOPMENT
Mr. David Troast explained that the purpose of the ordinance is to organize and permit development of larger tracts of land on Route 23. This development would present an adverse impact on the community, specifically on Route 23 with the flow of traffic.

Mr. Pellow suggested taking a look at Mr. Bishak’s property before making any decisions.

Mr. Smith asked the Board to look at the draft and to provide him with comments that reflect Mr. Pellow’s comments and the site walk.

BOARD COMMENTS

It was discussed that the headlights from cars at Clove Hill Manor are bothering some of the neighbors on Smith Road. Trees must be planted or replanted in order to provide relief from the lights.

It was discussed that the federal government helps with up to a 90% grant to turn an airport to a municipal airport.

ADJOURNMENT
On a motion duly made, seconded, and carried, the meeting was adjourned at 9:00 p.m.

Respectfully submitted, Stella Salazar, Assistant Secretary