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

Minutes: February 23, 2011

Mr. Theobald called the meeting to order at 7:08 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 20, 2011 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

Roll Call    Also Present
Andrew BorisukNP Michael Garofalo, Esq., Board Attorney
Andrea CoculaP Jessica Caldwell, Board Planner
David GornsteinP Corey Stoner, Board Engineer
Jessi Paladini (7:15 p.m.)P Cynthia Davis, Recording Secretary
Mayor RinkerNP  
Councilmember SeufertP  
Jean MurphyP  
Martin TheobaldP  
Joseph TadrickP  
Chris Hack (#1 Alt)P  
Ed Rolando (#2 Alt)P  
Joseph Ferrer (#3 Alt)NP  
Edward Seger (#4 Alt)P  

Public Hearings

LU# 11-10-11: Kyungkon Choi, Block 220.01, Lot 8 - Minor Subdivision with a Bulk Variance

Mr. Garofalo advised that the applicant requested an adjournment so that they can have more time to meet with the County to discuss the driveway issue. He also advised that the hearing should be adjourned for two meetings to March 23, 2011. Mr. Garofalo will notify the applicant that the LUB agreed to the adjournment.

LU# 7-10-5: Verizon Wireless/Cellco, Block 82, Lot 2.01- Construction of a 100' Monopole and 12' x 30' Equipment Shelter

(Note: Mr. Borisuk, Council Member Seufert and Mr. Rolando stepped down from this hearing).

Please see the transcript provided by the applicant for complete testimony of this hearing.

Briefly, the application was granted for the construction of a 103 foot flat-top tree monopole.

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

No one came forward.

Closed meeting to the public

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

Sussex County Waste Water Management Plan

Mr. Stoner advised that the County is going through a process which designates what the sewer service areas are every municipality.

Ms. Caldwell advised that Plan Conformance has been submitted for review and will take some time as they are reviewing 84 municipalities. Plan Endorsement has been put on hold until the State Planning Commission settles into their new entity. She is also waiting for more direction from the Town Manager/Council on the next steps.


Resolution adopting The Housing Element and Fair Share Plan

Motion: A motion was made by Ms. Cocula to approve of the resolution. Mr. Tadrick seconded the motion. ROLL CALL: COCULA - Y, GORNSTEIN - Y, PALADINI - Y, MURPHY - Y, THEOBALD - Y, TADRICK - Y, HACK - Y. Passed.

PB# 2-08-2: Mountain Creek Resort Inc., Block 183, Lots 12 &13, Block 184, Lots 10, 12, 13, 14, 15, 16, 18, 25 & 25.01, Block 190, Lots 9, 10 & 10.01 - Amend the Site Plan Approval to Relocate a Building on Site

Motion: A motion was made by Mr. Tadrick to approve of the resolution. Ms. Paladini seconded the motion. ROLL CALL: COCULA - Y, GORNSTEIN - Y, PALADINI - Y, MURPHY - Y, TADRICK - Y, HACK - Y. Passed


February 9, 2011: Regular Meeting Minutes

Motion: Mr. Gornstein made a motion to approve of the 2/9/11 Regular Meeting Minutes. Mr. Hack seconded the motion. ROLL CALL: COCULA - Y, GORNSTEIN - Y, PALADINI - Y, MURPHY - Y, TADRICK - Y, HACK - Y. Passed

Escrows, Board Fees and Bond Reductions

  1. Board Fees
    1. Board Attorney: Michael Garofalo, Laddey, Clark & Ryan, LLP
      1. Robert E. Baldwin: LU# 11-10-10 - Services through 1/13/11 - ($300.00)
      2. Cellco Partnership/Verizon: LU# 7-10-5 - Services through 1/13/11 - ($30.00)
      3. Kyungkon Choi: Services through 1/5/11 - ($30.00)
    2. Board Planner: Jessica Caldwell, Harold E. Pellow & Associates
      1. Land Use Board Business: 1/1/11 to 1/27/11 ($282.50)
    3. Board Engineer: Cory Stoner, Harold E. Pellow & Associates
      1. Land Use Board Business: 1/1/11 to 1/27/11 - ($540.00)
      2. Mountain Creek - Overflow Parking: LU# 2-11-4 - Services through 1/27/11 - ($750.00)
      3. Mountain Creek - Master Plan: PB# 2-91-4 - Services through 1/27/11 - ($240.00)
      4. Kyungkon Choi: LU# 11-10-11 - Services through 1/27/11 - ($390.00)
    4. Board Recording Secretary: Cynthia Davis
      1. Services through 2/15/11 - ($33.75)
  2. Request for Escrows to be Closed
    1. None

Motion: A motion was made by Ms. Cocula to approve of the above listed Board Fees. Mr. Gornstein seconded the motion. All were in favor.


Ms. Paladini was asked by Mayor Rinker to discuss the email that had been sent to the LUB attorney, Mr. Garofalo, from the Land Use Administrator asking that he refrain from corresponding outside Land use Board matters not covered in his contract. The letter went on to say that “we cannot compensate your firm for advice outside of your current Land Use Board purview.” Ms. Paladini said she understood that the Town Manager directed Mr. Kirwin to send the email. Mr. Garofalo advised that he didn’t charge the town for the information provided in his letter. Mr. Kirwin came forward and advised that the Town Manager did not direct him to send the email. He advised that in his job description he is “in charge of the budget” for his department and he sent the email because he was looking at cutting costs in certain areas. Ms. Paladini stated that it was not in his authority to tell the Land Use Board what it, or its attorney, can or cannot do.


Mr. Gornstein made a motion to adjourn the LUB meeting at 10:24 p.m. Mr. Tadrick seconded the motion. All were in favor.

These minutes were transcribed by Cynthia Davis on February 23, 2011.