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 8, 2012

Mr. Theobald called the meeting to order at 7:03 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 15, 2012 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 Gary Kraemer, Esq., Board Attorney (7:16 p.m.)
Diane WexlerP Corey Stoner, Board Engineer
Councilmember RizzutoP Kim Decker, Planning & Zoning Admin. Asst.
Martin TheobaldP Cynthia Davis, Recording/Board Secretary
Richard SpoerlP  
Joseph TadrickNP  
Andrea CoculaP  
Joseph Ferrer (arrived 7:11 p.m.)P  
Jessica PaladiniP  
Chris Hack (#1 Alt)NP  
Ed Rolando (#2 Alt)P  
Valerie Seufert (#3 Alt)NP  
Kristi Raperto (#4 Alt)P  

Hearings

PB# 6-06-8: Crystal Springs Builders, LLC, Block 270, Lots 11 & 26, Preliminary Major Subdivision & Preliminary/Final Site Plan & Conditional Use Approval - Request for an Extension of Time

This hearing will be carried to the next meeting (2/22/12) at the request of the applicant.

LU# 11-11-17: Market Square Management, LLC, Block 141, Lot 1, - Bulk Variance for Parking Requirements

This hearing will be carried to the last meeting in March (3/28/12) at the request of the applicant.

LU# 1-12-1: Veronica Haltner, Block 20.03, Lot 19, - Bulk Variance for Side and Rear Yard Deck.

This hearing was heard at the end of the meeting to allow time for the attorney to arrive. (See testimony below).

Public Participation

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

No one came forward.

Closed Meeting to the Public

Resolutions

Appointing and Retaining Board Attorney

Appointing and Retaining Board Engineer

Appointing and Retaining Board Planner

Motion: A motion was made by Ms. Paladini to approve of the resolution appointing the above referenced professionals. Ms. Wexler seconded the motion. All were in favor.

Land Use Board Discussion Items

2011 70.1 Annual Report (Zoning)

The report was passed out to the LUB members.

Ms. Decker reported that the amendments that were made to the ordinance as it relates to the parking of recreational vehicles were sent to the Town Clerk after the last meeting. The Town Clerk will submit them to the Town Council for approval.

Review Historic Landmark Registration Form Prepared by Vernon Township Historic Preservation Commission Regarding Glenwood Cemetery Block 31, Lot 8.01

Recommendation to the governing body for inclusion as a historic landmark.

Motion: Richard Spoerl made a motion for the LUB to make the above recommendation to the Town Council. Mayor Marotta seconded the motion. All were in favor.

Minutes

January 11, 2012, Reorganization Meeting Minutes

Motion: Ms. Cocula made a motion to accept the minutes of the LUB reorganization meeting on January 11, 2012. Mr. Rizzuto seconded the motion. ROLL CALL: MAROTTA - Y, WEXLER - Y, RIZZUTO - Y, THEOBALD - Y, COCULA-Y, PALADINI-Y, ROLANDO - Y.

January 11, 2012, Regular Meeting Minutes

Motion: Ms. Cocula made a motion to accept the minutes of the LUB regular meeting on January 11, 2012. Mayor Marotta seconded the motion. ROLL CALL: MAROTTA - Y, WEXLER - Y, RIZZUTO - Y, THEOBALD - Y, COCULA-Y, PALADINI-Y, ROLANDO - Y.

Escrows, Board Fees and Bond Reductions

  1. Board Fees
    1. Board Attorney: Jennifer Kovach, Daggett, Kraemer, Kovach & Gjeslvik
      1. Land Use Board Business: Services through 11/10/11 to 11/17/11 ($90.00)
      2. Land Use Board Business: Services through 12/2/11 to 12/19/11 ($345.00)
      3. Guthrie Corner: LU# 10-11-16 - Services through 11/7/11 ($195.00)
    2. Board Planner: Jessica Caldwell, Harold E. Pellow & Associates
      1. Land Use Board Business: Services through 12/2/11 to 12/29/11 ($452.00)
      2. KDC Solar: LU# 5-11-11 - Services through 12/29/11 ($678.00)
      3. KDC Solar: LU# 8-11-15 - Services through 12/29/11 ($847.50)
      4. Market Square Manag.: LU# 11-11-17 - Services through 12/29/11 ($339.00)
      5. Market Square Manag.: LU# 4-11-6 - Services through 12/29/11 ($169.50)
      6. Cellco/Verizon Wireless: LU# 7-10-5 - Services through 12/29/11 ($339.00)
      7. Toye Real Estate: LU# 11-11-18 - Services through 12/29/11 ($1,492.25)
    3. Board Engineer: Cory Stoner, Harold E. Pellow & Associates
      1. Land Use Board Business: Services through 12/2/11 to 12/29/11 ($450.00)
      2. KDC Solar: LU# 5-11-11 - Services through 12/29/11 ($327.00)
      3. KDC Solar: LU# 8-11-15 - Services through 12/29/11 ($1,029.00)
      4. Mountain Creek: Day Lodge - PB# 2-08-2 - Services through 12/29/11 ($1,314.00)
      5. Mountain Creek: Water Park Master Plan - PB# 2-91-4 - Services through 12/29/11 ($3,249.00)
      6. Cellco/Verizon Wireless: LU# 7-10-5 - Services through 12/29/11 ($167.50)
      7. Toye Real Estate: LU# 11-11-18 - Services through 12/29/11 ($701.25)
      8. Guthrie Corner: LU# 10-11-16 - Services through 12/29/11 ($319.50)
      9. Market Square Manag.: LU# 11-11-17 - Services through 12/29/11 ($240.00)
    4. Board Recording Secretary: Cynthia Davis
      1. Services through 2/1/12 ($52.00)

Motion: Ms. Cocula made a motion to accept the fees, listed above. Mr. Rizzuto seconded the motion. All were in favor.

  1. Request for Escrows to be Closed
    1. LU# 2-11-2: James Robinson - Block 100.07, Lot 25 - Bulk Variance for Addition ($10.00)

      Motion: Mr. Spoerl made a motion to approve of the above escrow to be closed. Ms. Cocula seconded the motion. All were in favor.
    2. LU# 3-11-5: Jeffrey Pellet - Block 205.02, Lot 17 & 18 - Lot Line Relocation ($341.25)

      Motion: Mayor Marotta made a motion to approve of the above escrow to be closed. Mr. Rizzuto seconded the motion. All were in favor.

Discussion—Sally Rinker Escrow

Mayor Marotta reminded the LUB members that at the last meeting he made a motion to table the request for the return of the escrow being held in connection with Sally Rinker’s application. He read the response letter from the Trustee for the bankruptcy estate which stated that the deposits made with the Township are property of the bankruptcy estate and remains under the Trustee’s direction. It further read that the debtor is revising the schedule to reflect the existence of the escrow deposit with the town and, once that is done, the Trustee will contact the Town Attorney with instructions as to the disposition.

Mr. Rizzuto asked if this also included the bond being held and the Mayor replied “yes.”

This matter will remain “on the table,” until further notice from the Trustee.

Pending Land Use Board Business—Status of Pending Applications

LU# 11-11-18: Toye Real Estate, LLC - Prel. Major Sub., Interpretation & Use Variance

Mr. Stoner advised that Toyes Real Estate, LLC submitted revised plans after the prior plans were deemed complete. The revised plans are being reviewed and probably won’t be heard at the next meeting but will be heard during the meeting tentatively on March 14, 2012.

LU# 1-12-2: Noemy Toste - Bulk Variance for a Front Yard Addition

Ms. Decker believes that this will be heard at the first meeting in March, also.

Hearing

LU# 1-12-1: Veronica Haltner, Block 20.03, Lot 19, - Bulk Variance for Side and Rear Yard Deck

Mr. and Mrs. Haltner came forward and were sworn in by the board attorney. Mr. Haltner explained that they purchased a home that had been prepared for a deck with a sliding glass door to nowhere. He would like to construct an 8 foot x 8 foot deck to exit through the sliding glass door.

Mr. Stoner advised that the site is located in the R-1 zone and said that the property has 2 frontages. He said that it does look like the house should have a deck coming off of the sliding glass doors which are boarded off. The front yard setbacks and side yard setbacks are an issue on the property. The applicant said the deck will be constructed of pressure treated lumber which will be either stained or of a Trex material. He said the holding tanks for the septic are located underneath the swing set and the Sussex County Health Department stated that they have no objections to the deck as long as there is a 6 foot minimum clearance. Mr. Haltner stated that there is 7' 10" clearance from the ground to the bottom of the deck. Mr. Kraemer asked several questions of the applicants regarding adjacent lot sizes and whether or not the neighbors have decks.

Mr. Spoerl asked if the steps on the small deck could be built to the front or back of the house. He stated that this is an example of a classic problem that has happened in the township when houses are built to the edge of the setbacks and then the deck is not built at the time of construction so that new owners have to come before the board for a variance. He would like to see the steps built to the back so the variance required would be minimized.

Mr. Haltner said that they are just looking to construct steps to get out of the house from the sliders and it doesn’t matter what size the deck is. Mr. Haltner confirmed that this project would add another exit to the house other than the front door and the basement door which would make the house safer in case of a fire. The applicant agreed to Mr. Spoerl’s request that the deck be a maximum of 8 feet with the stairs going to the rear of the house.

Opened Meeting to the Public

No one came forward.

Closed Meeting to the Public

Motion: Mr. Rizzuto made a motion to approve of the above application with an 8 foot setback on the side yard. Ms. Cocula seconded the motion. ROLL CALL: MAROTTA - Y, WEXLER - Y, RIZZUTO - Y, THEOBALD - Y, SPOERL - Y, COCULA - Y, FERRER - Y, PALADINI - Y, ROLANDO - Y. Passed.

Adjournment

Motion: Mr. Spoerl made a motion and Ms. Cocula seconded the motion to adjourn the meeting at 7:46 p.m. All were in favor.

These minutes were transcribed by Cynthia Davis on February 14, 2012.