The Meeting Was Called to Order at 7:30 P.M

AUGUST 17, 2004

A regularly scheduled meeting of the Wantage Township Land Use Board was held Tuesday, August 17, 2004, in the Wantage Township Municipal Building, 888 Route 23, Wantage, N.J.

The meeting was called to order at 7:30 p.m.

Present: Chairman Smith, Mssrs. Slate, Hough, Bono, Cecchini, Corrigan, Mmes. Gill and Kanapinski, Attorney Kienz and Township Engineer Pellow.

Mrs. Mylecraine arrived at 7:40 p.m.

Absent: Mssrs. Coleman, Grau, Space, Jacobs and Mrs. Mylecraine.

Chairman Smith announced this meeting is held in compliance with the New Jersey Open Public Meetings Act P.L. 1975, Ch. 231 and has been properly advertised.

L-44-2002 and L-5-2004 OMNIPOINT VOICESTREAM

Mrs. Kanapinski advised she had been notified the applicant wished to have this application carried to the next available meeting.

Mr. Slate made a motion, seconded by Mr. Corrigan to carry both of these applications to the Board’s meeting scheduled for October 19, 2004.

ROLL CALL VOTE

THOSE IN FAVOR: Bono, Corrigan, Slate, Gill, Kanapinski and Smith.

THOSE OPPOSED: None. MOTION CARRIED.

L-26-2004 RYAN

Application for a variance to construct a single family residence on a lot that fronts on a private, unimproved road. The property is located on Ashworth Lane and is known as Block 165, Lots 24.01 and 24.06 in the R-1 zone.

Sworn: Sean Ryan, applicant, and Eric Smart, land surveyor.

Attorney for the applicant: Colleen Cunningham of the law firm Lucas and Gaus.

Reference is made to Mr. Pellow’s report dated June 29, 2004.

Mr. Kienz stated the notice appears to be in order.

Mr. Smart said both lots conform to the zone requirements but there is no frontage on an improved road.

The property contains 4 ½ acres and is on a private right-of-way off Deckertown Turnpike. It is surrounded by property owned by the State of New Jersey. The house across the road, Lot 24.03 owned by Mr. Ogrinz, has been there a long time. It is a gravel and shale base road about one mile from Deckertown Turnpike. Mr. Ogrinz maintains the lane and Mr. Smart said there is no trouble getting there with emergency vehicles.

A letter was received from the township First Aid Squad and Fire Department asking for improvements to the road.

It was stated there is a gate across Ashworth Lane. Mr. Ryan spoke about installing a Knox lock so the gate could stay in place but emergency vehicles would have access.

Attorney Kienz said he was troubled by something that has an unduplicable key. He said it was not an acceptable alternative if the First Aid Squad were unable to enter.

Mr. Pellow’s report was reviewed. Attorney Cunningham said a proposed road maintenance agreement was sent.

The meeting was open to the public.

Sworn: Robert Coates.

Mr. Coates said he lives on Deckertown Turnpike and owns the gate. He has had the 18-acre property since 1981. It is part of a hunting club and Christmas tree farm and he also makes maple syrup. Originally, the gate was before the gas line but there was some vandalism. He said the gate deters dirt bikers and snow-mobilers.

Mr. Bono explained how a Knox lock is operated.

Attorney Cunningham said the N. J. Dept. of Environmental Protection owns the roadway.

Sworn: Paul Ogrinz of Ashworth Lane.

Mr. Ogrinz said he did not feel an additional lock was a good idea, as it would create confusion. In winter, he said, it is hard to get emergency vehicles there. He has been maintaining the road for 16 years. The state owns only 1.57 acres but has access rights.

Sworn: Chevion Balden

Ms. Balden said she works for people who own the property at 30 Brink Road, which borders Mr. Ryan’s property. She said she would need more information about the proposal on behalf of her employers.

Sworn: Jeff Guidone

Mr. Guidone said he owns Lot 7.01 containing 46 acres.

August 17, 2004 Page 2

Mr. Guidone added there is a steep grade and it is not passable in winter for emergency vehicles. He referred to it as a horse and buggy road.

No other members of the audience indicated they wished to speak regarding this application. The meeting was closed to the public.

Attorney Kienz stated that if the Board is considering approving this application, there should be a condition that at no time, now or in the future, should Wantage Township be held responsible for maintaining the road or if emergency vehicles cannot respond.

Mr. Cecchini made a motion, seconded by Mr. Slate, to approve the application subject to receipt of a driveway maintenance agreement between Mr. Ryan and Mr. Ogrinz, a statement from the applicant understanding the condition of the road and that it may impede the response of emergency vehicles and that Wantage Township would not be held responsible for its maintenance, compliance with all items in Mr. Pellow’s report, and that the gate would remain as it currently exists.

ROLL CALL VOTE

THOSE IN FAVOR: Cecchini, Grau, Slate, Bono, Hough, Corrigan, Kanapinski and Smith.

THOSE OPPOSED: None. MOTION CARRIED.

L-24-2004 MJH CONTRACTING

Continuation of an application for a four-lot major subdivision containing 28 acres with access from State Highway Route 284 and Bassetts Bridge Road. The property is known as Block 1.02, Lot 15.02 and is located in the R-1 zone. Revised plans were submitted.

Mr. Corrigan disqualified himself from participation in this application.

Attorney for the applicant: Thomas Prol

Mr. Pellow’s report was reviewed.

The applicant stated all wetlands were delineated with the maximum buffer.

Michael Henje, principal owner, said he would prefer not to have the lots further subdivided.

Mr. Kienz advised the applicant about the Housing Trust Fund.

The meeting was open to the public.

Sworn: Edward Henry of the U. S. Fish and Wildlife Service, deputy manager of the Wallkill River National Wildlife Refuge.

Mr. Henry asked why the applicant did not obtain a LOI before proceeding.

The reply was that they would not be building near the wetlands portion of the property.

Mr. Henry said the Refuge management is concerned about wetlands and want an LOI done for topographical and hydrological reasons. This application could impact endangered species such as the bog turtle and wood turtle. They want to protect federal trust resources. He recited the reason for the Refuge’s existence.

Sworn: Maggie Kolicko

Ms. Kolicko asked about the accuracy of the buffer delineated by the applicant. She asked who enforced it. It was repeated that they are 200 feet from the wetlands limits.

Mr. Henry asked if it were possible to let the State have more time to respond.

No other members of the audience indicated they wished to speak regarding this application. The meeting was closed to the public.

Mr. Cecchini asked about an accessory building variance, as there is no house as a main building.

This matter was discussed.

Mr. Cecchini made a motion, seconded by Mr. Bono, to grant preliminary and final subdivision approval subject to the following conditions: there would be no further subdivision of the remaining lots, an affordable housing figure would be determined, soil erosion enforcement as this is a crucial area, and limited disturbance of the area. The building department is to be specifically informed of these requirements. Monuments are to be set and performance guarantees submitted. The final approval is conditioned upon the monuments being set.

Mr. Pellow stated Tom Knutelsky in his office is wetlands certified and could check the applicant’s figures.

ROLL CALL VOTE

THOSE IN FAVOR: Bono, Hough, Cecchini, Gill, Kanapinski, Slate and Smith.

THOSE OPPOSED: None. MOTION CARRIED.

August 17, 2004 Page 3

SUSSEX BIKE SHOP

Jason Ziegler of the Sussex Bike Shop on Route 23 said he wants to increase the height of his building by going from a 7 ½ ft. ceiling to a 14’ ceiling. He said his application to the building department was denied because he did not provide a site plan. He said the footprint of the building would remain the same and the improvements he plans would bring the building up to code.

Attorney Kienz reviewed the zoning ordinance regulations.

Chairman Smith asked for subcommittee to review the application with Mr. Ziegler.

The subcommittee will consist of Mr. Cecchini, Mr. Slate and Mrs. Gill. The application will be slated for the Board’s September agenda.

L-22-2004 MOUNTAIN VIEW MANOR

L-23-2004 VALLEY VIEW MANOR

Application for a use variance to permit active adult senior housing in the Industrial zone. The property is located on Route 23 and is known as Block 165, Lots 24.01 and 24.06.

Attorney for the applicant: Thomas Collins

Mr. Collins said the applicant proposes a developer’s agreement with the Township Committee with age-restricted units and they would work to meet COAH requirements. The dwellings would be identical to the Clove Hill Manor units, he said.

They need preliminary approval so they can go to the State for a NJPDES permit. They would not do any work on the site until they come back to the Board with an amended preliminary construction plan for approval.

Sworn: David Hanson, L.P.E.

Mr. Hanson stated the Mountain View subdivision would be on the southern section of the property and Valley View would be to the north. There would be a total of 115 units over 40 acres consisting of single family, two-family and townhouses. A five-acre area for recreation would be the border for the two sections. It would consist of a clubhouse, patio, lawn, pool, horseshoe pit, bocce court, tennis court, sidewalks and a one-quarter mile jogging path and a detention basin. The development would have a boulevard entrance. There would be a separate Homeowners Association for each community.

Sworn: Jill Hartman, Professional Planner.

Ms. Hartman testified regarding the suitability of the property for age-restricted housing in a commercial business area. She said it would provide a density of housing consistent with the state Master Plan and would be sensitive to natural resources. It would be a cluster development with more than 50% open space.

Mr. Collins presented Ex. A-1 a traffic study.

He said this development would not be a substantial detriment to the public good. He said the applicant agrees to comply with all items contained in Mr. Pellow’s engineering review report.

Mr. Pellow said a study needs to be done of the Route 23 corridor, which is a major issue. He also recommended that the Board do a site walk on the property to see where the houses and common units will be located.

Sworn: John Maione, developer.

Mr. Maione said he would not build until he has all the approvals and permits that are needed. He urged the Board to give him preliminary approval so he could apply for a NJPDES permit.

David Troast, Board consultant, presented a memorandum regarding this application. He said the Board has to decide first if it wants this use at this site. He commended Ms. Hartman for her presentation. He noted the applicant has presented a willingness to provide affordable housing. He said it is a unique case with a commercial/retail node with support housing. He said there are many open-ended issues that Mr. Pellow brought up.

Mr. Collins referred to the preliminary site plan approval given to the Crystal Springs development by Hardyston Township.

August 17, 2004 Page 4

The meeting was open to the public.

Sworn: Maggie Kolicko

Ms. Kolicko asked questions regarding the zone. Upon receiving answers to her questions, she said she supported the Land Use Board taking a slow approach to this application.

Chairman Smith said the Board has looked at this property as industrial for 20 years and gotten nowhere.

The meeting was closed to the public.

Mr. Corrigan indicated he wanted to do a site walk of the property.

Mr. Pellow repeated his concerns about traffic.

The applicant was instructed to stake the property to show location of buildings, etc. The Board decided to meet at the site Sept. 7, 2004 at 5 p.m. to do a site walk.

Mr. Slate made a motion, seconded by Mr. Bono, to carry this application to September 21, 2004 with no further public notice required. A voice vote was unanimously in favor.

ROLL CALL VOTE

THOSE IN FAVOR: Mylecraine, Hough, Bono, Kanapinski, Jacobs, Space, Gill, Slate, Smith.

THOSE OPPOSED: None. MOTION CARRIED.

ORDINANCES

Following discussion about ordinances that need to be updated, Mr. Cecchini made a motion, seconded by Mr. Bono, to have Mr. Kienz, Mr. Troast and a small subcommittee of the Board meet to review them. A voice vote was unanimously in favor.

L-34-2003 VANDER GROEF

Mrs. Kanapinski stated the above-named application, which was approved in January, did not have the deeds filed within the required time limit and asked for reapproval.

Mr. Bono made a motion, seconded by Mr. Slate, to grant reapproval for this application subject to all conditions contained in the original Resolution. A voice vote was unanimously in favor.

OTHER BUSINESS

Board members decided to meet with County Planner Eric Grove and Wantage Administrator James Doherty regarding the intersection of Old Clove Road and Libertyville Road at the Municipal Building, as well as to discuss Unionville Road.

The gaming area would total 4.68 acres.

Sheets 1, 2 and 3 of the revised plan were marked as Exhibits A-5, A-6 and A-7 respectively.

ADJOURNMENT

There being no further business to come before the Board, Mr. Cecchini made a motion, seconded by Mr. Hough, and carried by voice vote to adjourn.

Respectfully submitted,

Rebecca Schwarz

Assistant Secretary