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 9, 2015

Mr. Theobald called the meeting to order at 7:04 pm.

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 21, 2015 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 Cory Stoner, Board Engineer
Diane WexlerP Tanya Marione, Sub Board Planner
Councilmember RizzutoP Glenn Kienz, Esq., Board Attorney
Martin TheobaldP Kim Decker, Board Secretary
Richard SpoerlP Carole Baksa, Board Recording Secretary
Joseph TadrickP  
Andrea CoculaP  
Joseph FerrerNP  
Jessica PaladiniP  
Chris Hack (#1 Alt)P  
Ed Rolando (#2 Alt)P  
David Nieves (#3 Alt)P  
Kristi Raperto (#4 Alt)NP  

Mr. Theobald advised that he had received a resignation letter from Mr. Ferrer, thanking the board, but due to work conflicts he could no longer serve.

Public Participation

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

Mayor Marotta stepped down to thank the board for the outstanding work that has been achieved over the last 4 and a half years, stating that it has been his honor to have worked with this board, hearing applications for over $40 million in new commercial construction even in these tough economic times. Mayor Marotta wished the board a merry Christmas and thanked the board again.

Councilmember Rizzuto addressed the board from his seat, thanking the board members and stating that he would not be on the land use board any longer, but he would still be on the council and available to anyone. Mr Rizzuto thanked Mr. Theobald for his excellent leadership and he looks with pride at what has been accomplished by this board. Mr. Rizzuto then stepped down.

Jessica Paladini thanked both the mayor and Mr. Rizzuto for their outstanding service to the board. Mr. Theobald also thanked both Mayor Marotta and Councilmember Rizzuto.

Mayor Marotta and Councilmember Rizzuto then left the meeting.

Close Meeting to the Public

Public Hearings

LU# 5-13-2: Theta 456 Assoc. - Block 141.02, Lots 4, 5, & 6 - Bulk Variance with Preliminary and Final Major Site Plan Approval for Age Restricted Housing - Request for Extension of Time

Ed Rolando stepped down and was sworn in on behalf of the applicant.

Mr. Theobald acknowledged that the board had received a letter from the applicant’s attorney asking for an extension due to extenuating circumstances; the water lines on lower portion have not been able to be installed and they can’t build because there is no fire suppression system.

Attorney Glenn Kienz noted that they had already had preliminary and final site plan approval, but advised moving forward as if they only had a preliminary site plan approval, which would give them the opportunity for a 3 year extension.

Meeting was open to the public.

No one from the public wished to speak.

Meeting was closed to the public.

Motion: A motion was made by Mr. Nieves to approve the extension until August 14, 2018. Ms. Cocula seconded the motion. ROLL CALL: WEXLER - Y, THEOBALD - Abstained, SPOERL - Y, COCULA - Y, PALADINI - Y, HACK - Y, NIEVES - Y. Passed.

LU# 11-15-2: Vernon Valley Reserve, LLC - Block 180, Lots 25, 25.01, 25.02, 27 & 28, Block 180.04, Lots 23 & 30, - Use and Bulk Variance with Preliminary and Final Major Site Plan Approval to Install Six (6) Satellite Dishes and an Equipment Shed

The applicant provided their own stenographer. Mr. Kienz asked that the transcripts be made part of the record and it was agreed that the board would receive them within ten days.

Judy Fairweather, attorney for the applicant, was sworn in and proceeded to modify the application to 4 additional antennas and an equipment shed. Ms. Fairweather explained that the antennas and dishes on the site provided geographical coverage for the Department of Defense as well as for commercial traffic. Because of this, they are FCC licensed and regulated.

Ms. Fairweather offered testimony from several professionals; Mr. John Whitely, sr. business advisor to the owner of parent/operating company, USEI, Darryl White, Grant Lewis, civil engineer and Greg France, site pen operator.

After much discussion regarding the site, the number, location and size of the antennas and equipment shed, the board and the professionals came to the following agreements:

The entire site, including equipment sheds, would be considered principal use, not accessory. The original request for a 10'x10' shed would be upgraded to a 12' x 20' shed, thereby accommodating Phase II equipment as well, without the need for expansion in the future. The shed height must be below thirty five feet. They will also need a height variance for an additional foot on the height of the dish.

Revised plans must be submitted providing a numbering system, and to differentiate between the temporary, smaller dishes and the larger ones. The total number of antennas for Phase I will be (19) nineteen, 15 of which are currently existing and four (4) to be built immediately. Phase II will add an additional six (6), to be built at a later time. All of these will be identified in the revised plans.

Mr. Stoner brought up the issue of the lower parking lot, which looks abandoned. Mr. France indicated that landscaping/tree trimming was, in fact, going to be addressed this weekend.

The existing perimeter fence will be relocated; the fence is 10' in height, not 6' as shown in the plans.

Meeting was open to the public.

No one from the public wished to speak.

Meeting was closed to the public.

Attorney Mr. Kienz recommended that the motion be made in two separate parts; the first being a preliminary & final site plan approval, subject to all comments and conditions made tonight, (listed above), and also to review by our engineer and planner.

Motion: The above motion was made by Ed Rolando and seconded by Ms. Cocula. ROLL CALL: WEXLER - Y, THEOBALD - Y, SPOERL - Y, COCULA - Y, PALADINI - Y, HACK - Y, ROLANDO - Y, NIEVES - Y. Passed.

Attorney Mr. Kienz then suggested that the second motion be for an anticipatory resolution authorizing him to prepare a favorable form of resolution that would reflect preliminary site plan approval and use variance that would include the six dishes. The applicant would have to testify at the next hearing of the board and if the board liked the resolution they could act on the application and adopt the resolution at that time if they so desired.

Motion: The above motion was made by Mr. Spoerl and seconded by Ms. Paladini. ROLL CALL: WEXLER - Y, THEOBALD - Y, SPOERL - Y, COCULA - Y, PALADINI - Y, HACK - Y, ROLANDO - Y, NIEVES - Y. Passed.

It was also discussed that the applicant would like to proceed immediately and needed a waiver of resolution; applicant’s counsel to provide a “Proceed at Our Own Risk” letter to Ms. Decker the following day.

Resolutions

None

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

None

Minutes

October 28, 2015: Regular Meeting Minutes (Wexler, Theobald, Rolando, Nieves)

Motion: Mr. Nieves made a motion to approve the 10/28/15 minutes. Ms. Wexler seconded the motion. ROLL CALL: WEXLER - Y, THEOBALD - Y, ROLANDO - Y, NIEVES - Y Passed.

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

  1. Board Fees
    1. Board Attorney: Glenn Kienz, Weiner Lesniak LLP
      1. Land Use Board Business: Services through 10/14/15 ($480.00)
      2. MNA Vernon Realty: LU# 6-15-5 - Services through 10/8/15 ($176.00)
      3. National Winter Act.: LU# 6-15-6 - Services through 10/16/15 ($720.00)
      4. Wilson Facility Mang.: LU# 6-15-8 - Services through 10/8/15 ($208.00)
      5. Cedars at Black Creek: LU# 9-15-10 - Services through 10/16/15 ($528.00)
      6. Joel Schlesinger: LU# 6-15-7 - Services through 10/8/15 ($32.00)
      7. Mountain Creek: LU# 4-15-2 - Services through 10/30/15 ($192.00)
      8. Girlando: LU# 9-15-11 - Services through 10/16/15 ($432.00)
      9. Daniel Kadish: LU# 4-15-3 - Services through 10/29/15 ($160.00)
    2. Board Planner: Jessica Caldwell, J. Caldwell & Associates
      1. Land Use Board Business: Services through 10/14/15 ($230.00)
      2. National Winter Act.: LU# 6-15-6 - Services through 10/9/15 ($920.00)
      3. Cedars at Black Creek: LU# 9-15-10 - Services through 10/9/15 ($690.00)
      4. Girlando: LU# 9-15-11 - Services through 10/9/15 ($690.00)
    3. Board Engineer: Cory Stoner, Harold E. Pellow & Associates
      1. Land Use Board Business: Services through 10/14/15 ($245.00)
      2. Girlando: LU# 9-15-11 - Services through 10/8/15 ($600.00)
      3. KDC Solar: LU# 8-11-15 - Services through 10/6/15 ($132.00)
      4. First Hartford Realty: LU# 5-14-4 - Services through 10/29/15 ($1,584.38)
      5. Mountain Creek Master Plan: PB# 2-91-4 - Services through 10/29/15 ($61.25)
      6. Mountain Creek: LU# 4-15-2 - Services through 10/2/15 ($360.50)
      7. National Winter Act.: LU# 6-15-6 - Services through 10/22/15 ($597.00)
    4. Board Recording Secretary: Carole Baksa - ($15.00)

Motion: A motion was made by Ms. Paladini to approve the above. Ms. Cocula seconded the motion. All were in favor. Passed.

  1. Request for Escrows to be Closed
    1. None

Adjournment

Motion: A motion was made by Ms. Cocula to adjourn the meeting. Mr. Nieves seconded the motion. All were in favor. Meeting was adjourned at 8:56 p.m.

These minutes were transcribed by Carole Baksa on December 29, 2015.