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 12, 2018

Call to Order

Meeting was called to order by Chairman Theobald at 7:00 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 16, 2018 by delivering to the press such notice and posting same at the municipal building.

Salute to the Flag

Chairman Theobald led the assemblage of the flag.

Roll Call  Also Present
John Auberger, Mayor’s DesigneeP Glenn Kienz, Board Attorney
Craig WilliamsP Cory Stoner, Board Engineer
Councilmember KadishNP Kim Decker, Board Secretary
Martin TheobaldP  
Richard SpoerlP  
Willard McPeekP  
Andrea CoculaP  
Ed RolandoP  
Kristi RapertoP  
Michael Whitaker (#1 Alt)P  
Kelly Mitchell (#2 Alt)P  
Angela Erichsen (#3 Alt)P  
David Zweier (#4 Alt)Resigned  

Record reflects that Mr. Kadish informed board of his absence and that Mr. Zweier has resigned from the board.

LU# 12-17-6: Robert Shuppon - Block 82, Lots 2 & 7.02, - Extension of Time for a Minor Subdivision

Mr. Whitaker stepped down from hearing the application due to a conflict.

Mr. Robert Shuppon stepped forward was sworn in and requested extension of time to complete application previously approved in March 2018. Mr. Shuppon explained the delay was due to financial differences between surveyor and himself. He stated it has now been resolved and paperwork is in attorney’s hand to be recorded. Mr. Shuppon further stated that the subdivision is same as presented and approved in March 2018. Mr. Kienz added the lot line adjustment must be recorded within 190 days of approval causing need for extension to move forward.

Chairman Theobald opened the meeting to public comments. Seeing no one wishing to come forward, meeting was closed to public.

Motion was made by Ms. Cocula to approve the extension of time as presented and was seconded by Mr. Spoerl.

ROLL CALL: AUBERGER: Y; WILLIAMS: Y; SPOERL: Y; MCPEEK: Y; COCULA: Y; ROLANDO: Y; RAPERTO: Y; MITCHELL: Y; THEOBALD: Y.
Motion passed.

Mr. Whitaker returned to meeting.

LU# 10-18-8: The Land Conservancy of New Jersey - Block 42, Lot 2, - Minor Subdivision

Attorney Mr. Steven Reed, from firm of Norris Mclaughlin, Bridgewater, NJ, came forward for The Land Conservancy of New Jersey. Mr. David Epstein, president of Land Conservancy was sworn in and testified as a non-profit organization, their primary goal is to preserve open space. Mr. Epstein explained application is to acquire 129-acre piece of land and transfer it to the National Park Service as a buffer to the Appalachian Trail. He added the subdivision is conforming to township ordinance.

Chairman Theobald and Mr. Rolando announced they must step down from application due to unforeseen conflict. Mr. Kienz, Mr. Reed and board members agreed it acceptable to proceed with testimony.

Mr. Epstein explained the parcel of 187+ acres will be divided into a proposed Lot 2.02 of 129 acres to be transferred to the National Park Service and Lot 2 of 58.75 acres, which will retain the existing dwelling and accessory structures. Mr. Stoner noted that new deeds must be reviewed by land use board attorney and engineer prior to recording and that existing buildings are non-conforming preexisting causing no need for a variance. Mr. Epstein stated Lot 2.02 will be approximately 1000 sq. ft from Appalachian Trail and will create a scenic buffer for hikers.

Chairman Theobald opened the meeting to public comments. Seeing no one wishing to come forward, meeting was closed to public.

Mr. Kienz questioned if applicant received county planning board approval for minor subdivision. Mr. Reed stated subdivision will be perfected by deed and he will contact Sussex County and follow up with Mr. Kienz.

Motion was made by Ms. Cocula to approve application as presented and was seconded by Mr. Auberger.

ROLL CALL: AUBERGER: Y; WILLIAMS: Y; SPOERL: Y; MCPEEK: Y; COCULA: Y; RAPERTO: Y; WHITAKER: Y; MITCHELL: Y; ERICHSEN: Y.
Motion passed.

Chairman Theobald and Mr. Rolando returned to meeting.

LU# 11-18-9: Karen & Matthew Benning - Block 103.25, Lot 46 & 47, - Minor Subdivision

Ms. Karen Benning, owner of Lot 46 and Ms. Nancy DeAlto, owner of Lot 48 were sworn in and testified request is to divide Lot 47 in half and add portion to existing adjoining lots. Ms. Benning stated per Mr. Stoner’s report that proof of ownership for Lot 47 was needed and explained lot was bought at auction from the Township of Vernon and presented copy of deed recorded in July 2018. Ms. Benning explained purpose of application is to enlarge size of both properties and to make sure no one else can build. Mr. Stoner added that Lot 46 will increase by 6753 sq. ft and dwelling is an existing non-conforming condition not requiring a variance. He added that Lot 48 will increase by 6754 sq. ft. and the dwelling setback conditions are conforming but framed shed is preexisting non-conforming. Mr. Stoner added that new deeds will need to be drafted subject to the approval of land use board attorney and engineer and then recorded.

Chairman Theobald opened the meeting to public comments. Seeing no one wishing to come forward, meeting was closed to public.

Motion was made by Mr. Williams to approve application as presented and was seconded by Mr. McPeek.

ROLL CALL: AUBERGER: Y; WILLIAMS: Y; SPOERL: Y; MCPEEK: Y; COCULA:Y; ROLANDO: Y; RAPERTO: Y; WHITAKER: Y; THEOBALD: Y.
Motion passed.

Public Participation

Chairman Theobald opened the meeting to the public for items other than those listed on the agenda.

Seeing no members of the public wishing to come forward, Chairman Theobald closed the meeting to the public.

Minutes

October 10, 2018: Regular Meeting Minutes (Auberger, Williams, Kadish, Spoerl, McPeek, Rolando, Raperto, Whitaker, Theobald)

Motion: A motion was made to approve minutes of October 10, 2018 by Ms. Cocula and seconded by Mr. Auberger.

ROLL CALL: AUBERGER: Y; WILLIAMS: Y; SPOERL: Y; MCPEEK: Y; ROLANDO: Y; RAPERTO: Y; WHITAKER: Y; THEOBALD: Y.
Motion passed.

Appendix A: Escrows, Board Fees, Bond Reductions and Escrow Closures

  1. Board Fees
    1. Board Attorney: Glenn Kienz, Weiner Law Group LLP
      1. Land Use Board Business: Services through 9/12/18 ($832.00)
      2. Land Use Board Business: Services through 10/12/18 ($352.00)
      3. Vernon Rest.: LU# 5-18-4 - Services through 9/6/18 ($336.00)
      4. NWAC: LU# 7-18-5 - Services through 10/4/18 ($240.00)
      5. NWAC: LU# 7-18-5 - Services through 9/12/18 ($80.00)
      6. Kevin Little: LU# 8-18-6 - Services through 10/10/18 ($144.00)
      7. The Land Conservancy of NJ: LU# - Services through 10/30/18 ($45.00)
    2. Board Planner: Jessica Caldwell, J. Caldwell & Associates
      1. Land Use Board Business: ($0)
      2. Diamond Communications: LU# 10-18-7 - Services through 10/11/18 ($690.00)
    3. Board Engineer: Cory Stoner, Harold E. Pellow & Associates
      1. Land Use Board Business: Services through 9/12/18 ($125.00)
      2. Land Use Board Business: Services through 10/10/18 ($125.00)
      3. NWAC: LU# 11-16-11 - Services through 9/25/18 ($241.80)
      4. NWAC: LU# 11-16-11 - Services through 10/1/18 ($148.05)
      5. NWAC: LU# 11-16-12 - Services through 9/25/18 ($209.40)
      6. NWAC: LU# 7-18-5 - Services through 9/10/18 ($125.00)
      7. Kevin Little: LU# 8-18-6 - Services through 9/12/18 ($345.45)
      8. Kevin Little: LU# 8-18-6 - Services through 10/8/18 ($375.00)
      9. Aqua New Jersey: LU# 7-17-3-A - Services through 10/17/18 ($197.40)
      10. Diamond Communications: LU# 10-18-7 - Services through 10/16/18 ($468.83)
      11. The Land Conservancy of NJ: LU# 10-18-8 - Services through 10/30/18 ($62.50)
    4. Board Recording Secretary: Irene Mills ($30.00)

Motion: A motion was made to approve the Fees as listed by Mr. Spoerl and seconded by Mr. Whitaker. All members were in favor. Motion passed.

  1. Request for Escrows to Be Closed
    1. PB# 8-89-36: Glenwood Homes - Block 190, Lot 28, - Final Subdivision ($550.72)
    2. LU# 2-18-2: Mott Drive Management - Block 190.01, Lot 19, - Change of Use to Residential ($163.00)
    3. PB# 8-07-9: Kirk Stephens - Block 182, Lot 12.01 & 12.02, - Drainage Easement Revision ($95.65)
    4. PB# 4-95-8: St. Francis De Sales Church - Block 134, Lot 134, - Minor Subdivision ($75.00)
    5. LU# 10-14-8: Capital Telecom LLC - Pre-Application Meeting for a Tower ($525.00)
    6. PB# 9-00-24: Colonial Developers - Block 20, Lot 29, - Preliminary Subdivision ($1,082.00)
    7. PB# 8-02-12: Colonial Developers - Block 20, Lot 29, - Final Subdivision ($2,440.07)
    8. ZB# 3-04-4: Surjit Singh - Block 156.01, Lot 4, - Variance & Site Plan for a Canopy ($136.75)
    9. ZB# 5-08-8: Surjit Singh - Block 156.01, Lot 4 - Final Site Plan For a Canopy ($1,217.55)
    10. LU# 4-17-2: Fred Decker & Son, Inc - Block 140, Lot 1.01, - Site Plane for Garage Addition ($224.50)
    11. LU# 4-16-3: Andrew Borisuk - Block 91, Lot 1.18, - Minor Subdivision ($315.92)
    12. LU# 11-10-11: Jesse Moore - Block 205.09, Lot 6 Front Yard Variance ($329.50)

Motion: A motion was made to approve the escrows as listed by Mr. Spoerl and seconded by Mr. Whitaker. All members were in favor. Motion passed.

Chairman Theobald announced the 2019 reorganization meeting will be held on January 9, 2019 but that he and Mr. Kienz are unable to be present. A conflict attorney will be attending in his place for both the re-organization and regular meetings.

Adjournment

There being no further items of business to be conducted on the agenda, a motion was made by Mr. Williams and was seconded by Mr. Auberger. All members were in favor.

Meeting was adjourned at 7:32 p.m.

Respectfully Submitted
Irene Mills
Recording Secretary