All meeting minutes posted on the township website are unofficial minutes. Official copies of minutes may be obtained from the Planning/Zoning Department.

Minutes: April 24, 2013

Mr. Theobald called the meeting to order at 7:07 p.m.

Statement of Compliance

Pursuant to the Open Public Meetings Act, adequate notice of this regular meeting has been provided to the public and the press on January 14, 2013 by delivering to the press such notice and posting same at the municipal building and filed with the office of the Township Clerk.

Salute to the Flag

Roll Call  Also Present
Mayor MarottaNP Cory Stoner, Board Engineer
Diane WexlerP Michael Garofalo, Esq., Board Attorney
Councilmember RizzutoP Kim Decker, Land Use Administrator
Martin TheobaldP Cynthia Davis, Recording Secretary
Richard SpoerlP  
Joseph TadrickP  
Andrea CoculaP  
Joseph Ferrer (arrived @ 7:13 p.m.)P  
Jessica PaladiniNP  
Chris Hack (#1 Alt)P  
Ed Rolando (#2 Alt)P  
Valerie Seufert (#3 Alt)NP  
Kristi Raperto (#4 Alt)NP  

Mr. Theobald advised that the members not in attendance had informed the office that they were not going to be present.

Public Hearings

(Note: Mr. Theobald and Mr. Rolando stepped down from this hearing. Mr. Tadrick sat in as LUB chair at this time.)

PB# 6-06-8: Crystal Springs Builders, LLC, Block 270, Lots 11 & 26 (lots are now 11.06 & 11.07 due to a minor subdivision) - Preliminary Major Subdivision & Preliminary/Final Site Plan & Conditional Use Approval - Requesting an Extension of Time

John Fetterly, Esq., counsel to Crystal Springs Builders, came forward to request the sixth 1-year extension for the approval of the above referenced application, originally approved by the LUB in 2006. The application for preliminary and site plan approval and conditional use approval, was for a portion of a 9-hole golf course with the balance of the property to be 11 single family lots. The golf course project has been completed. The housing development has not been completed because of market conditions and the fact that Crystal Springs Builders pursued a partner with KDC Solar for a solar project on the same property. The subdivision that was completed for the 11 lots will either be a solar project or 11 single family building lots.

Mr. Fetterly explained that the applicant is requesting a 1-year extension to keep their options open with regard to which project will be completed on the subject property. Crystal Springs would like to see the solar project completed, however, since the time of the approval there have been some challenges in the solar industry delaying this project. The applicant would like this requested extension for the single family housing project in case it moves forward. However, if the solar project moves forward first and is completed, the housing project approval would then be void.

Mr. Garofalo asked Mr. Fetterly what allows two approved uses on the same lot in the MLUL. Mr. Fetterly responded by saying that there is no provision in the MLUL to prohibit two approvals for the same lot. He feels that the LUB saw the benefit of having both approvals and that is why they were approved. He also said it is prudent to have both approvals intact due to the amount of money and time spent in 2006 to obtain the first approval for the housing project and to maintain it with the extensions sought.

Mr. Stoner confirmed with Mr. Fetterly that when/if the solar project is completed and operational, then, at that point, the housing project approval will be void.

Meeting was opened to the public

No one came forward.

Meeting was closed to the public

Mr. Garofalo asked Mr. Fetterly what, in the future, will trigger which of the two projects will keep the approval. Mr. Fetterly advised that there is a lease between Crystal Springs and KDC Solar that states that when the panels are constructed in place, and they are on and flowing with power, that is when the use will be triggered and the statutory protections will be void for the housing project.

Motion: Mr. Rizzuto made a motion to approve of a 1-year extension of the Preliminary Major Subdivision & Preliminary/Final Site Plan & Conditional Use Approval. Ms. Cocula seconded the motion. ROLL CALL: WEXLER - Y, RIZZUTO - Y, SPOERL - N, TADRICK - Y, COCULA - Y, FERRER - Y, HACK - Y. Passed.

Land Use Board Discussion Items (action may or may not be taken)

Urgent Care Site Plan Lighting Change

(Mr. Theobald and Mr. Rolando did not take part in this discussion.)

Andrew Mulvihill explained before the board that he made a mistake and allowed the tenant at the urgent care center to provide direction regarding the outdoor lighting without taking into consideration what was approved by the LUB. He said he came tonight to show the board what lighting was subsequently installed.

Mr. Mulvihill provided a display showing pictures of the lights already installed comparing them to pictures of the approved lighting fixtures, the lighting fixtures at Red Tail Lodge, Highland Bank and the A&P. It is his feeling that the lights at the urgent care center are not significantly different than what was originally approved. Also, since the lighting would be very costly to change, he said he would have a hard time replacing them when there are only subtle differences.

Meeting was opened to the public

No one came forward.

Meeting was closed to the public

Motion: Mr. Hack made a motion to accept the lighting that was installed. Mr. Rizzuto seconded the motion. ROLL CALL: WEXLER - Y, RIZZUTO - Y, SPOERL - Y, TADRICK - Y, COCULA - Y, FERRER - Y, HACK - Y. Passed.

(Mr. Theobald resumed his position as LUB chair.)

Revision to Sections 330-260 and 330-261 Solar Zoning and Standards

Mr. Garofalo went over his revisions, none of which were substantive, to the Solar Zoning and Standards ordinance.

Motion: Ms. Cocula made a motion to recommend the revised Solar Zoning and Standards ordinance to the town councill. Mr. Spoerl seconded the motion. All were in favor. ROLL CALL: WEXLER - Y, RIZZUTO - Y, THEOBALD - Y, SPOERL - Y, TADRICK - Y, COCULA - Y, FERRER - Y, HACK - Y. Passed.

Fundamentals of Board Membership

None of the members had any questions for the attorney regarding this information.

Ordinance #13-05: An Ordinance Granting Municipal Historic Designation to Certain Properties in the Township of Vernon

Motion: Ms. Cocula made a motion to recommend the above ordinance to the town councill. Ms. Wexler seconded the motion. ROLL CALL: WEXLER - Y, RIZZUTO - Y, THEOBALD - Y, SPOERL - Y, TADRICK - Y, COCULA - Y, FERRER - Y, HACK - Y. Passed.

Wireless Telecommunication Collocation

Mr. Garofalo reported that there is recent legislation at the federal and state levels that require carriers, who wish to add additional antenna on an already existing towers, to do so without having to return to the board for additional approvals. He went on to explain that historically this hasn’t been the case as most cell towers are approved by way of variance. Therefore, he said, if there were any changes to what was originally approved, the applicant had to come back before the board for new approvals. Mr. Garofalo said that what this new legislation says in a nutshell is—a carrier does not have to come back to the board for a new approval if all they are doing is switching out one antenna for another, including adding new additional ground equipment, as long as the project doesn’t exceed 2500 sq. feet and so long as it wouldn’t require additional variance relief.

Mr. Garofalo passed out an article in the New Jersey Planner written by a land use attorney who shares Mr. Garofalo’s position on this matter, which states his interpretation as being as follows: plans are submitted to the municipality and the board makes the call as to whether or not the applicant has to return for a full blown hearing or if these additional antenna can be added simply by going through the construction department. Mr. Garofalo suggested a possible procedure for Vernon Township may be that the plans are submitted to Kim Decker which is given to Cory Stoner for his review and then the LUB can make the call whether they need a hearing before the board.

The board members decided that the board attorney and the board engineer will review these projects to decide whether or not they should be approved or be treated as an application to come before the LUB for approval.

LUB Procedures, Application, Check List and Fees

Mr. Stoner reported that he has collected information from 5 different towns and now he and Kim will discuss. Mr. Stoner will have a report for the next meeting.

Performance Guarantees

Mr. Stoner said that performance guarantees previously did not differentiate between the types of projects. In the past, even small projects required performance guarantees. Mr. Stoner prepared a proposed ordinance which revised the requirement for performance guarantees to be required only for major projects that are over 1 acre in size. It was approved by the Land Use Board but never sent to the town council. Mr. Stoner recommended that the proposed ordinance be sent to the town councill for consideration.

Motion: Ms. Cocula made a motion to send the revised performance guarantee ordinance to the town councill for consideration. Mr. Tadrick seconded the motion. All were in favor.

Public Participation

Open meeting to the public for items other than those listed on the agenda

Close meeting to the public

Resolutions

None

Minutes

March 13, 2013: Regular Meeting Minutes (Wexler, Rizzuto, Theobald, Spoerl, Tadrick, Cocula, Hack, Rolando)

Motion: A motion was made by Mr. Tadrick and seconded by Mr. Spoerl to approve the above minutes. ROLL CALL: WEXLER - Y, RIZZUTO - Y, THEOBALD - Y, SPOERL - Y, COCULA - Y, HACK - Y, ROLANDO - Y.

Escrows, Board Fees and Bond Reductions

  1. Board Fees
    1. Board Attorney: Michael Garofalo, Laddey, Clark & Ryan
      1. Land Use Board Business: Services through 2/15/13 ($345.00)
      2. Land Use Board Business: Services through 3/28/13 ($480.00)
      3. Mitelin Motors: LU# 5-12-9 - Services through 2/28/13 ($450.00)
    2. Board Planner: Jessica Caldwell, J. Caldwell & Associates
      1. Land Use Board Business: Services through 3/13/13 ($339.00)
    3. Board Engineer: Cory Stoner, Harold E. Pellow & Associates
      1. Mitelin Motors: LU# 5-12-9 - Services through 2/28/13 ($459.00)
    4. Board Recording Secretary: Cynthia Davis - ($112.50)
  2. Request for Escrows to be Closed
    1. None

Motion: Motion: A motion was made by Mr. Tadrick and seconded by Ms. Cocula to approve the above board fees. All were in favor.

Adjournment

Motion: Ms Cocula made a motion and Mr. Spoerl seconded the motion to adjourn the meeting at 8:17 p.m. All were in favor.

These minutes were transcribed by Cynthia Davis on April 26, 2013.