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

Minutes: August 14, 2013

Mr. Theobald called the meeting to order at 7:05 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 MarottaP Michael Garofalo, Esq., Board Attorney
Diane WexlerP Cory Stoner, Board Engineer
Councilmember RizzutoNP Kim Decker, Board Secretary
Martin TheobaldP Jessica Caldwell, Planner
Richard SpoerlP Cynthia Davis, Recording Secretary
Joseph TadrickP  
Andrea CoculaP  
Joseph Ferrer (arrived @ 7:10 p.m.)P  
Jessica PaladiniNP  
Chris Hack (#1 Alt)P  
Ed Rolando (#2 Alt)P  
Valerie Seufert (#3 Alt)NP  
Kristi Raperto (#4 Alt)P  

Resolutions

LU# 5-13-2: Theta 456 Assoc. - Block 141.02, Lots 4, 5, 6, - Preliminary/Final Major Site Plane & Bulk Variance for Age Restricted Housing

Eligible to vote: Marotta, Wexler, Rizzuto, Tadrick, Cocula, Paladini, Hack, Raperto

Motion: Mayor Marotta made a motion to approve the above resolution. Ms. Cocula seconded the motion. ROLL CALL: MAROTTA - Y, WEXLER - Y, TADRICK - Y, COCULA - Y, HACK - Y, RAPERTO - Y. Passed.

Minutes

July 10, 2013: Regular Meeting Minutes (Marotta, Wexler, Rizzuto, Tadrick, Cocula, Paladini, Hack, Raperto)

Motion: Mayor Marotta made a motion to accept the minutes listed above. Mr. Tadrick seconded the motion. ROLL CALL: MAROTTA - Y, WEXLER - Y, TADRICK - Y, COCULA - Y, HACK - Y, RAPERTO - Y. Passed.

Public Participation

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

Close meeting to the public


  1. Request for Escrows to be Closed
    1. ZB# 9-08-12: United Water NJ - Block 100.03, Lot 8, - Bulk & Use Variance for a Fence and Parking Area ($106.65)
    2. LU# 2-10-2: United Water NJ - Block 194.04, Lot 31, - Minor Site Plan for an Accessory Structure ($221.25)

Motion: A motion was made by Ms. Cocula and seconded by Ms. Wexler to approve of closing the above escrows. All were in favor.

Public Hearings

LU# 7-13-4: New Cingular Wireless PCS, LLC (AT&T) - Block 82, Lot 2.01, - Preliminary/Final Site Plan & Use Variance to Increase the Height of a Monopine and Place Twelve (12) Antennas at the Top of the Monopine with Additional Branches

Note: Mayor Marotta recused himself from this hearing.

Christopher Quinn, Esq., came forward on behalf of the applicant and explained that the applicant is before the LUB to request a height variance to 111-115 feet. He explained that any height below this will not work for the applicant.

Mr. Garofalo suggested that since the tower is already constructed the applicant need not spend too much time on the D-3 variance for conditional use and to focus more on the D-6 variance for additional height.

Daniel Panesso, RF Engineer, came forward and was sworn in by the board attorney. Mr. Panesso discussed the application. He showed the board members the difference of the existing coverage and what is proposed. He said that additional height is needed to enhance the coverage due to the terrain and tree line in the area. There will be 2 times more coverage at the height of 110 feet vs. 80 feet and, if approved, the applicant will not need to build another site. Mr. Panesso explained that he would have liked to go higher to get optimum coverage.

The proposed 110 feet would provide coverage to Vernon Township High School, Glenwood Mountain Road, Silver Spruce Drive, Lakeshore Drive, and Upper Notch Road.

Chad Schwartz, civil engineer, came forward and was sworn in by the board attorney. Mr. Schwartz’s office prepared the site plans and the photo simulations and he is familiar with the project. He described the site and the project. Mr. Schwartz said that the tower is structurally adequate for the proposed additional footage. The existing pole is 100 feet, the proposed extension would be to 111 feet with the proposed branch being 115 feet to the top of the branch. There was a Highlands exemption for the original project. There will be a diesel run generator and battery back-up for emergency power.

Timothy Kronk, planner for the applicant, came forward and was sworn in by the board attorney. Mr. Kronk explained that this application is for an 11 foot extension on the existing 104 foot monopole with 12 antennas proposed to be installed on the top of the monopole as well as an equipment shelter 11'6" x 28' at the base of the monopole. He said AT&T prefers to use existing structures when possible as opposed to building new structures and the original monopole was designed to collocate.

Meeting was Opened to the Public

William Young, the neighbor to the adjacent property, came forward. He stated that he has to look at this tower everyday and if the proposed additional height is approved the tower will be more visible from many parts of his property including his house. He feels he had no consideration when the tower was constructed originally and asked that the board not approve this application and not to lump the requests together for approval.

Mr. Garofalo explained to the board members that their task now would be to be satisfied that what they heard tonight which would allow them to determine that this use, at this location, still remains appropriate at 110 feet when the zoning ordinance calls for 80 feet. Mr. Garofalo has no objection to voting on the requests separately, one for preliminary & final site plan and one for a height variance.

Motion: A motion was made to approve the preliminary and final site plan by Mr. Spoerl. ____________ seconded the motion. ROLL CALL: WEXLER - Y, THEOBALD - Y, SPOERL - Y, TADRICK - Y, COCULA - Y, FERRER - Y, HACK - Y, ROLANDO - Y, RAPERTO - Y. Passed.

Motion: A motion was made to grant conditional and height variance relief by Mr. Spoerl. Ms. Cocula seconded the motion. ROLL CALL: WEXLER - Y, THEOBALD - Y, SPOERL - Y, TADRICK - Y, COCULA - Y, FERRER - Y, HACK - N, ROLANDO - N, RAPERTO - Y. Passed.

Mr. Quinn requested a waiver of the resolution so that construction can begin.

Motion: A motion was made to approve of waiving the resolution so that work can begin by Ms. Cocula. ____________ seconded the motion. ROLL CALL: WEXLER - Y, THEOBALD - Y, SPOERL - Y, TADRICK - Y, COCULA - Y, FERRER - Y, HACK - Y, ROLANDO - Y, RAPERTO - Y. Passed.

Escrows, Board Fees and Bond Reductions

  1. Board Fees
    1. Board Attorney: Michael Garofalo, Laddey, Clark & Ryan
      1. Land Use Board Business: Services through 6/12/13 ($150.00)
      2. Bakay: LU# 5-13-1 - Services through 6/13/13 ($300.00)
      3. Theta 456 Assoc.: LU# 5-13-2 - Services through 6/4/13 ($45.00)
    2. Board Planner (Substitute): Ken Nelson, The Nelson Consulting Group
      1. Land Use Board Business: Services through 7/10/13 ($361.60)
      2. Theta 456 Assoc.: LU# 5-13-2 - Services through 6/26/13 ($1,683.70)
    3. Board Planner: Jessica Caldwell, J. Caldwell & Associates
      1. Land Use Board Business: ($0)
    4. Board Engineer: Cory Stoner, Harold E. Pellow & Associates
      1. Land Use Board Business: Services through 6/12/13 ($120.00)
      2. KDC Solar: LU# LU# 8-11-15 - Services through 6/17/13 ($313.00)
      3. Cellco/Verizon Wireless: LU# 7-10-5 - Services through 6/11/13 ($163.00)
      4. Mt. Creek Master Plan: PB# 2-91-4 - Services through 6/12/13 ($747.00)
      5. Phillip Girlando: LU# 6-13-3 - Services through 6/10/13 ($180.00)
      6. Theta 456 Assoc.: LU# 5-13-2 - Services through 6/26/13 ($2,211.00)
      7. Sprint Wireless: Coll. #2 - Services through 6/10/13 ($270.00)
      8. Sprint Wireless: Coll. #3 - Services through 6/10/13 ($270.00)
    5. Board Recording Secretary: Cynthia Davis - ($105.00)

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

Ms. Decker discussed the upcoming applications.

Adjournment

Motion: Mr. Tadrick made a motion and Mr. Spoerl seconded the motion to adjourn the meeting at 8:05 p.m. All were in favor.

These minutes were transcribed by Cynthia Davis on August 16, 2013.