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

Minutes: January 11, 2012

Mr. Theobald called the meeting to order at 7:07 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 July 22, 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  Also Present
Mayor MarottaP Gary Kraemer, Esq., Board Attorney (sub)
Diane WexlerP Jessica Caldwell, Board Planner
Councilmember RizzutoP Corey Stoner, Board Engineer
Martin TheobaldP Kim Decker, Planning & Zoning Admin. Asst.
Richard SpoerlNP Cynthia Davis, Recording/Board Secretary
Joseph TadrickP  
Andrea CoculaP  
Joseph FerrerNP  
Jessica PaladiniP  
Chris Hack (#1 Alt)NP  
Ed Rolando (#2 Alt)P  
Valerie Seufert (#3 Alt)NP  
Kristi Raperto (#4 Alt)NP  

Hearings

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

Mr. Zaretsky came forward and asked that the hearing for his application be carried to the first LUB meeting in February which is 2/8/2012. He explained that when designing the interior space some things have come up that he hadn’t considered.

Motion: Mayor Marotta made a motion to carry the above hearing to the February 8, 2012, meeting with no further notice due. Ms. Paladini seconded the motion. All were in favor.

Mr. Stoner asked Mr. Zaretsky to review his parking concerns prior to the hearing.

Meeting was opened to the public

No one came forward.

Meeting was closed to the public

Resolutions

LU# 11-10-10: Robert E. Baldwin, - Block 94, Lot 1, - Minor Subdivision - Requesting Extension of Time

Eligible to vote: Marotta, Wexler, Rizzuto, Theobald, Spoerl, Tadrick, Cocula, Hack, Rolando

Motion: Ms. Cocula made a motion to approve of the above resolution. Mr. Tadrick seconded the motion. ROLL CALL: MAROTTA - Y, WEXLER - Y, RIZZUTO - Y, THEOBALD - Y, TADRICK - Y, COCULA - Y, ROLANDO - Y. Passed.

LU# 10-11-16: Guthrie Corner, A Limited Partnership, - Block 142.01, Lot 2, - Minor Site Plan for an Addition

Eligible to vote: Marotta, Wexler, Rizzuto, Theobald, Spoerl, Tadrick, Cocula, Hack, Rolando

Motion: Mr. Tadrick made a motion to approve of the above resolution. Mr. Rizzuto seconded the motion. ROLL CALL: MAROTTA - Y, WEXLER - Y, RIZZUTO - Y, THEOBALD - Y, TADRICK - Y, COCULA - Y, ROLANDO - Y. Passed.

Land Use Board Discussion Items

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

Motion: Ms. Paladini made a motion to carry this discussion item to the next meeting. Mr. Tadrick seconded the motion. All were in favor.

Ms. Caldwell announced that she has spoken with Rutgers about holding a Planning Board education course for LUB members in Sussex County. This may be scheduled in April. She will let the LUB know when she hears from the school.

Legal Definitions Handout and Protocol for LUB Members

Mr. Theobald suggested that since Ms. Kovach is not in attendance tonight, this discussion item be carried to the next meeting.

Minutes

December 14, 2011

Motion: Mr. Tadrick made a motion to accept the minutes of the LUB meeting on December 14, 2011. Mr. Rizzuto seconded the motion. ROLL CALL: MAROTTA - Y, WEXLER - Y, RIZZUTO - Y, THEOBALD - Y, TADRICK - Y, COCULA - Y, ROLANDO - Y. Passed.

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. Ruggerio: LU# 7-11-14 - Services through 11/7/11 ($195.00)
      3. Choi: LU# 11-10-11 - Services through 11/21/11 ($120.00)
      4. KDC Solar: LU# 8-11-15 - Services through 11/4/11 ($300.00)
      5. KDC Solar: LU# 5-11-11 - Services through 11/21/11 ($165.00)
    2. Board Planner: Jessica Caldwell, Harold E. Pellow & Associates
      1. Land Use Board Business: Services through 10/28/11 to 12/1/11 ($1,158.25)
      2. KDC Solar: LU# 8-11-15 - Services through 12/1/11 ($254.25)
      3. Market Square Manag.: LU# 11-11-17 - Services through 12/1/11 ($455.50)
      4. Market Square Manag.: LU# 4-11-6 - Services through 12/1/11 ($381.25)
    3. Board Engineer: Cory Stoner, Harold E. Pellow & Associates
      1. Land Use Board Business: Services through 10/28/11 to 12/1/11 ($510.00)
      2. KDC Solar: LU# 5-11-11 - Services through 12/1/11 ($204.00)
      3. KDC Solar: LU # 8-11-15 - Services through 12/1/11 ($720.00)
      4. Ramah Naioth Church: LU# 8-09-10 - Services through 12/1/11 ($60.00)
      5. Mountain Creek: Day Lodge - PB# 2-08-2 - Services through 12/1/11 ($2,181.26)
      6. Mountain Creek: Water Park Master Plan - PB# 2-91-4 - Services through 12/1/11 ($1,552.51)
      7. NS Enterprises: LU# 1-09-2 - Services through 12/1/11 ($60.00)
      8. Cellco/Verizon Wireless: LU#7-10-5 - Services through 121/11 ($60.00)
      9. Toye Real Estate - LU# 11-11-18 - Services through 12/1/11 ($134.00)
      10. Guthrie Corner: LU# 10-11-16 - Services through 12/1/11 ($60.00)
      11. Market Square Manag.: LU# 11-11-17 - Services through 12/1/11 ($60.00)
      12. Market Square Manag.: LU# 4-11-6 - Services through 12/1/11 ($240.00)
    4. Board Recording Secretary: Cynthia Davis
      1. Cynthia Davis: Services through 1/5/12 ($82.00)

Mayor Marotta advised the LUB that the Ruggerio fee on the attorney bill, listed above, is incorrect and has been pulled for correction. The charge of $195.00 should have been $90.00.

Motion: Mayor Marotta made a motion to accept the other fees listed above. Mr. Tadrick seconded the motion. All were in favor.

  1. Request for Escrows to be Closed
    1. PB# 9-06-11: Sally Rinker - Block 190.06, Lot 8 - Prel. & Final Site Plan
    2. ZB# 10-06-17: Sally Rinker - Block 122, Lot 1 - Final Subdivision
    3. PB# 6-08-5: Sally Rinker - Block 190.06, Lot 7 - Prel. & Final Site Plan

Ms. Decker advised that PB# 9-06-11 has been completed has a C.O. and has been closed out. The total escrow is for $428.76.

Ms. Decker advised that ZB# 10-06-17 has an extension to 10/14/2012, and the Land Use Board was advised by Ms. Rinker in writing that if the project is started the escrow will be replenished at that time. The escrow being held for that project is $540.93.

Ms. Decker advised that PB# 6-08-5 has an extension to 10/12/2013, and was advised by Ms. Rinker in writing that if the project is started the escrow will be replenished at that time. The escrow being held is $1,786.75.

Mr. Stoner commented that escrows have been released before for preliminary and final site plans when no work has commenced and he referenced the Red Oaks property. The applicants in this case would not get any building permits for construction until the escrow is replenished. Mr. Stoner approved of these escrows being released.

Mayor Marotta suggested that to protect this community the request for the release of the above escrows be tabled until it is confirmed that these funds are not subject to a recently filed bankruptcy. The Mayor added that he would like counsel to get confirmation that these funds are not subject to the bankruptcy. If the funds are not linked, then the money will be returned.

Gary Kraemer, Esq., commented that it’s conceivable that it could be a preference, if it was paid back to her, if the money is not money for her to deal with. He went on to say that if Ms. Rinker were to receive that money back with the town being aware of the bankruptcy proceeding, the Trustee could come to the town and demand that the money be paid into the bankruptcy estate. This might result in a double pay out of the money.

Mayor Marotta said that if the money is not subject to the bankruptcy then he will make the motion to pay it back to her at the next meeting.

Mr. Stoner suggested that since the town attorney is researching the release of the Performance Bond on this same issue, that he also researches this matter. Mayor Marotta will communicate the request to the Township Attorney to proceed with this research.

Motion: Mayor Marotta made a motion to table the above escrow release request until the town attorney has confirmed that the money is not subject to any bankruptcies. Council Member Rizzuto seconded the motion. All were in favor.

Adjournment

Motion: Mr. Tadrick made a motion and Ms. Paladini seconded the motion to adjourn the meeting at 7:26 p.m. All were in favor.

These minutes were transcribed by Cynthia Davis on January 13, 2012.