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

Minutes: December 11, 2013

Mr. Theobald called the meeting to order at 7:04 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 RizzutoP Kim Decker, Board Secretary
Martin TheobaldP Jessica Caldwell, Planner
Richard SpoerlP  
Joseph TadrickP  
Andrea CoculaNP  
Joseph Ferrer (arrived at 7:08 p.m.)P  
Jessica PaladiniP  
Chris Hack (#1 Alt)P  
Ed Rolando (#2 Alt)P  
Valerie Seufert (#3 Alt)NP  
Kristi Raperto (#4 Alt)NP  

Chair Theobald noted that all absentees informed the office that they would not be in attendance tonight.

Public Hearings

LU# 10-13-8: United Telephone Co. d/b/a/ Century Link - Block 221.03, Lot 1, Minor Site Plan with Bulk & Use Variances to Locate a Fiber Optic H-Frame Switching Cabinet

(Note: Mayor Marotta, Joseph Tadrick and Council Member Rizzuto stepped down from this hearing.)

Jeffrey Lehrer, Esq., came forward on behalf of United Telephone of NJ and discussed the application. He said the subject 1-acre sized property has a single family home located on it which is in the R-3 residential zone. Mr. Lehrer explained that utilities under Vernon’s ordinance are conditionally permitted in all zones. In this case, the applicant is before the board because the switching station doesn’t meet the minimum front yard setback of 50 feet with 3.64 feet proposed and the minimum side yard setback of 15 feet with 5.0 feet proposed. The applicant said it is necessary to locate their equipment close to the roadway for monitoring and maintenance purposes.

Mr. Dunn, planner—Dykstra Associates, was sworn in by the board attorney. Mr. Dunn explained the conditions at the site. He explained that the location was chosen for the need of high visibility to deter vandalism, hang-outs and for easier access for maintenance and monitoring. He added that no additional overhead wires are required for this project.

Bob O’Connor, engineer for the telephone company, was sworn in by the board attorney. Mr. O’Connor explained the area that this project would cover. He said with this location Century Link would be able to provide a significant faster internet service which would serve approximately 250-300 families. He explained that there will not be any emissions, smells, light or vibrations coming from the equipment and that the equipment boxes will be beige in color.

Mr. Dunn explained that the applicant is requesting a D-3 Use Variance which is deemed inherently beneficial satisfying the positive criteria portion of the equation. Mr. Dunn discussed the benefits of the project and said that the single detriment would be the visual impact. The applicant will add screening if it is valid in this case. However, Mr. Dunn feels that nothing in this case is better than something, as screening would call attention to the site.

Mr. Stoner discussed his review of the project. He stated that the roadway will need to be repaired up to Vernon’s standards, the screening issue needs to be addressed, and an apple tree will be taken down on the property. Mr. Stoner wants to make sure the homeowner knows about the tree.

Ms. Caldwell discussed her review of the project.

Mr. Garofalo summarized the project.

Meeting was Opened to the Public

No one came forward.

Meeting Closed to the Public

Motion: Mr. Rolando made a motion to grant site plan approval with variance relief to permit the switching station to be out on the road instead of the interior of the lot. Mr. Ferrer seconded the motion. ROLL CALL: WEXLER - Y, THEOBALD - Y, SPOERL - Y, FERRER - Y, PALADINI - Y, HACK - Y, ROLANDO - Y. Passed

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

Highlands Land Use Ordinance—Draft

Ms. Caldwell explained the draft of the ordinance which implements the Highlands master plan only in the preservation area of Vernon.

Ms. Caldwell said that this draft should be referred to the town council for their approval. The land use board may comment. The governing body will review the comments and may send back to the LUB for comments. Ms. Caldwell suggested doing a work session with the town council.

Motion: Mr. Spoerl made a motion to recommend this ordinance for town council approval. Mr. Theobald seconded the motion. ROLLCALL: MAROTTA - Y, WEXLER - Y, RIZZUTO - Y, THEOBALD - Y, SPOERL - Y, TADRICK - Y, FERRER - Y, PALADINI - Y, HACK - Y. PASSED.

Mountain Creek Water Park Master Plan Update

Mr. Stoner discussed the Mountain Creek master plan update which is required to be done annually. There were no major changes made except for adding a picture booth. He added that one item is still ongoing—stabilizing the snow tubing hill and the soil erosion issues connected to the hill. The issue of requiring this master plan to be done, which was approved in 1992, was discussed by the board.

Public Participation

Open Meeting to the Public for Items Other than Those Listed on the Agenda

Vinnie Zinno, Chairman of the MUA, came forward. He stated that the LUB may want to look at the master plan again for Mountain Creek since the changes made with regard to the MUA. He stated that Mountain Creek has x-amount of gallons of water use allowed in their redevelopment area based on the EDU system being used now. He would like Mr. Stoner to review the master plan and furnish the MUA a copy of his report.

Mr. Stoner stated that Mountain Creek would still need to come in with site plans for any projects approved in their general development plan. Mayor Marotta stated that he does not want Mountain Creek to be interpreting their general development plan differently than the LUB. He would like the general development plan to be reviewed again.

Mayor Marotta suggested that the MUA attend the meetings when major projects come before the board located in the sewer area and that communications are established between the LUB and MUA with regard to the applications.

Mr. Stoner reported that one of the conditions of approval for the age restricted housing on Theta Drive was that plans were to be submitted within 60 days. Mr. Stoner received a letter from the applicants stating that they are still working on the plans and asked for an extension.

Motion: Mayor Marotta made a motion to approve an extension for an additional 120 days to provide the plans. Mr. Rizzuto seconded the motion. All were in favor.

Close Meeting to the Public

Resolutions

LU# 8-13-7: Mark & Suzanne Buruchian - Block 153.13, Lot 52, - Bulk Variance for a Deck

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

Ms. Decker said that the testimony in #8 was that there will be no steps outside the front of the house.

Motion: Mayor Marotta made a motion to approve of the resolution with the amendment made by Ms. Decker. Ms. Wexler seconded the motion. ROLL CALL: MAROTTA - Y, WEXLER - Y, RIZZUTO - Y, THEOBALD - Y, TADRICK - Y, PALADINI - Y, ROLANDO - Y. Passed.

Minutes

October 23, 2013: Regular Meeting Minutes (Marotta, Wexler, Rizzuto, Theobald, Tadrick, Cocula, Paladini, Rolando, Raperto)

Motion: A motion was made by Mr. Theobald and seconded by Mr. Tadrick to approve of the above minutes. ROLL CALL: MAROTTA - Y, WEXLER - Y, RIZZUTO - Y, THEOBALD - Y, TADRICK - Y, PALADINI - Y, ROLANDO - 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 10/23/13 ($150.00)
      2. Mark Buruchian: LU# 8-13-7 - Services through 10/24/13 ($300.00)
    2. Board Planner: Jessica Caldwell, J. Caldwell & Associates
      1. Land Use Board Business: Services through 10/2/13 ($113.00)
    3. Board Engineer: Cory Stoner, Harold E. Pellow & Associates
      1. Land Use Board Business: Services through 9/24/13 ($570.00)
      2. Land Use Board Business: Services through 10/24/13 ($240.00)
      3. Verizon Wireless: LU# 7-10-5 - Services through 10/2/13 ($120.00)
      4. Verizon Wireless: LU# 7-10-5 - Services through 10/7/13 ($180.00)
      5. William Ludwig: LU# 8-13-5 - Services through 9/6/13 ($150.00)
      6. William Ludwig: LU# 8-13-5 - Services through 10/15/13 ($30.00)
      7. Mt. Creek Master Plan: PB# 2-91-4 - Services through 9/26/13 ($150.00)
      8. Mt. Creek Master Plan: PB# 2-91-4 - Services through 10/23/13 ($150.00)
      9. Mitelin Motors: LU# 8-12-9 - Services through 9/17/13 ($180.00)
      10. Joseph Rogers: LU# 8-13-6 - Services through 9/6/13 ($120.00)
      11. Mark Buruchian: LU# 8-13-7 - Services through 9/24/13 ($150.00)
    4. Board Recording Secretary: Cynthia Davis - ($48.75)

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

  1. Request for Escrows to be Closed
    1. LU# 4-09-7: The Great Atlantic & Pacific Tea Co. - Block 145, Lot 1.05 - Interpretation of Overhang ($681.10)
    2. PB# 11-08-10: The Great Atlantic & Pacific Tea Co. - Block 145, Lot 1.05 - Amendment to Site Plan ($919.00)
    3. LU# 10-11-6: Guthrie Corner, L.P. Block 142.01, Lot 2 - Minor Site Plan for Addition on the Bank ($190.50)
    4. LU# 5-13-1: Daniel Bakay, Block 134, Lot 11.06 - Bulk Variance for a Deck ($165.00)

Mr. Stoner and Ms. Decker approved of the release of the above escrows.

Motion: A motion was made by Ms. Paladini and seconded by Mr. Rizzuto to approve the above releases of escrows. All were in favor.

Adjournment

Motion: Mayor Marotta made a motion and Mr. Spoerl seconded the motion to adjourn the meeting at 8:55 p.m. All were in favor.