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 23, 2013

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 14, 2013 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

Mayor Marotta swore in Kristi Raperto as an alternate member of the Land Use Board.

Roll Call  Also Present
Mayor MarottaP Jessica Caldwell, Board Planner
Diane WexlerP Michael Garofalo, Esq., Board Attorney
Councilmember RizzutoP Cory Stoner, Board Engineer
Martin TheobaldP Kim Decker, Planning & Zoning Admin. Asst.
Richard SpoerlP Cynthia Davis, Recording Secretary
Joseph TadrickNP  
Andrea CoculaP  
Joseph FerrerNP  
Jessica PaladiniNP  
Chris Hack (#1 Alt)NP  
Ed Rolando (#2 Alt)NP  
Valerie Seufert (#3 Alt)P  
Kristi Raperto (#4 Alt)P  

(Note: Mr. Theobald advised that all members not in attendance had informed the office that they were not going to be present.)

Public 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

Mr. Theobald advised that the applicant requested to carry this hearing until the next meeting on February 13, 2013.

LU# 5-12-9: Mitelin Motors Inc., Block 270, Lots 6.05 & 6.06 - Final Major Site Plan for a Single Story Retail Building

Robert Moshman, Esq. and Ken Ochab came forward on behalf of the applicant and both were sworn in by the board attorney. Mr. Ochab explained that the LUB had approved the plans for the Dollar General store along with a smaller accessory store in June 2012, and it was memorialized by resolution in July 2012. He advised that the construction is almost completed. There were several changes made with the result of a better project in mind. Mr. Ochab discussed the changes and issues listed on Mr. Stoner’s review letter. The final site plan with the discussed changes will be submitted to the engineer and/or board for review. Mr. Ochab said that the neighbor on the adjoining property is happy with what the applicant planted between the two properties. He said if she is ever unhappy, the applicant will work with her to correct any issues. Mr. Ochab discussed Ms. Caldwell’s review letter.

The applicant/owner, Sal, came forward and was sworn in by the board attorney. Mr. Rizzuto commented that he hadn’t seen any stone work installed on the front of the building. The owner stated that the stone is now being installed. Mr. Rizzuto said when he last drove by the site, he was disappointed because he felt the building looked plain and had no wood on the front which is what was approved at the last hearing. He said he is concerned that the building will have no character with changing the materials that were originally approved. The owner, Sal, explained that in the three gables, big round louvers will be installed. Mr. Theobald asked if there would be landscaping on the side of the building since one of the changes were the fire lane being removed. Mr. Stoner advised that there is not enough room to landscape the north side of the building.

Mr. Stoner said that he would need confirmation from the adjacent neighbor that she is happy with the landscaping between the properties. He asked that the concrete pad in the back be enclosed on all four sides. He asked the applicant when he would be obtaining a C.O. The owner stated he expected to receive it at the end of February and confirmed that he will be bonding for the pavement and a couple of other items. Mr. Stoner said he would like to see a picture of the sign. Mr. Stoner reminded the applicant to be sure that the lighting is down-lit.

Mr. Garofalo summarized this hearing as being an application for minor site plan approval. He said the board needs to be satisfied that the applicant is complying with all the conditions of the preliminary approval; is constructing the project in the manner approved or, has modified the construction plans to the board’s satisfaction.

Mr. Rizzuto stated that he is concerned and disappointed that the rendition of the finish was changed without any consultation to the board and the materials subsequently installed have changed the “look” that was presented by the applicant at the original hearing. He said he may not have approved this particular finish. Mr. Garofalo said that this now is the time to address this issue.

Mayor Marotta asked if the gables have cedar shakes. The owner said, “No.” He agreed to take the vinyl siding out of the (3) gables and replace it with cedar shakes.

Mr. Stoner stated that the top band on the building has a different look than what was approved. Mr. Garofalo suggested that the board does not need to make a decision tonight and can wait until the changes are made and are satisfactory with the LUB members.

The board members agreed to do what Mr. Garofalo suggested and wait on the approval until the changes were completed. Ms. Decker will let the members know when the project is completed so that they can drive by the site to make their own inspection. The matter will be put back on the agenda for a vote only.

Meeting was opened to the public

No one came forward.

Meeting was closed to the public

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

Solar Ordinance Discussion

Mr. Stoner came forward and said that in the fall 2012, there was a residential property that wanted to do a ground mounted solar array. He said that with the current ordinance, when there are minor facilities, the homeowners are not required to come before the LUB because minor solar facilities are a permitted use. This results in the board not having the opportunity to discuss screening for adjacent properties and also the adjacent property owners do not have the opportunity to discuss their feelings. Mr. Stoner discussed several changes to the ordinance to handle this problem.

Ms. Cocula suggested basing the requirement as to whether to come before the board or not by the size of the lot. Mr. Rizzuto believes that all minor solar facilities should come before the board.

Mr. Garofalo suggested that if the board decides to make minor solar facilities non-permitted, requiring a use variance, than 5 members need to vote yes and all testimony required for a use variance needs to come in from the applicant. Mr. Garofalo went on to say that an accessory use only requires board approval, not a use variance approval and, in this case, the board would have all the abilities to engage the applicant. Then the last sentence of the ordinance could be changed to read that the board shall require screening of minor facilities when it deems it necessary. By changing this wording he explained, the board would have the full board application requirement and a very unambiguous statement about screening.

The board needs to decide whether the minor solar applications will be a non-permitted variance or a permitted accessory.

Mayor Marotta said he feels that the safety of residential neighbors should be protected. He is in favor of the applicant getting a D-variance and said if the ordinance is not tightened up and the application is approved at the town council, he will veto it.

Ms. Caldwell recommends repealing the whole ordinance because there is another part of this ordinance that permits major solar facilities that have much more of an impact than minor facilities and these changes would make the ordinance inconsistent by saying that major facilities are permitted and minor are not. She suggested that to be consistent, solar facilities could be made conditionally permitted under certain circumstances. She feels that requiring a use variance says that they are not permitted.

Mayor Marotta said the issue is ground mounted solar facilities in or near residencies and he would rather not allow it and have the applicant come before the board. He suggested that the 3 professionals get together with the end result of changing the ordinance to give the board control of the applications for solar facilities which would in turn give the neighbors who are affected by these facilities notice of the application. With regard to commercial v. residential he feels that a review of these applications should be across the entire spectrum of the communities. The board members agreed.

Resolutions

LU# 11-10-10: Robert Baldwin, Block 94, Lot 1 - Minor Subdivision with a Use Variance Approval - Extension of Time

Eligible to vote: Marotta, Rizzuto, Theobald, Spoerl, Tadrick, Cocula, Ferrer, Paladini, Hack

Motion: A motion was made by Mayor Marotta and seconded by Ms. Cocula to approve the above resolution. ROLL CALL: MAROTTA - Y, RIZZUTO - Y, THEOBALD - Y, SPOERL - Y, COCULA - Y.

PB# 11-08-7: Rosemark Realty, Block 93, Lot 6.03 - Preliminary Site Plan - Extension of Time

Eligible to vote: Marotta, Rizzuto, Theobald, Spoerl, Tadrick, Cocula, Ferrer, Paladini, Hack

Motion: A motion was made by Mayor Marotta and seconded by Mr. Spoerl to approve the above resolution. ROLL CALL: MAROTTA - Y, RIZZUTO - Y, THEOBALD - Y, SPOERL - Y, COCULA - Y.

Appointing and Retaining Board Attorney

Appointing and Retaining Board Engineer

Appointing and Retaining Board Planner

Motion: A motion was made by Mayor Marotta and seconded by Ms. Cocula to approve the above resolution. All were in favor.

Minutes

January 9, 2013: Reorganization Meeting Minutes (Marotta, Rizzuto, Theobald, Spoerl, Tadrick, Cocula, Ferrer, Paladini, Hack, Rolando, Seufert)

Motion: A motion was made by Mr. Spoerl with the change discussed and seconded by Mayor Marotta to approve the above minutes. ROLL CALL: MAROTTA - Y, RIZZUTO - Y, THEOBALD - Y, SPOERL - Y, COCULA - Y, SEUFERT - Y.

January 9, 2013: Regular Meeting Minutes (Marotta, Rizzuto, Theobald, Spoerl, Tadrick, Cocula, Ferrer, Paladini, Hack, Rolando, Seufert)

Motion: A motion was made by Mr. Spoerl and seconded by Mr. Rizzuto to approve the above minutes. ROLL CALL: MAROTTA - Y, RIZZUTO - Y, THEOBALD - Y, SPOERL - Y, COCULA - Y, SEUFERT - Y.

Escrows, Board Fees and Bond Reductions

  1. Board Fees
    1. Board Attorney: Michael Garofalo, Laddey, Clark & Ryan
      1. Land Use Board Business: ($0)
    2. Board Planner: Jessica Caldwell, J. Caldwell & Associates
      1. Land Use Board Business: Services through 12/03/12 ($385.00)
    3. Board Engineer: Cory Stoner, Harold E. Pellow & Associates
      1. Land Use Board Business: ($0)
    4. Board Recording Secretary: Cynthia Davis - ($37.50)
  2. Request for Escrows to be Closed
    1. None

Motion: A motion was made by Ms. Seufert and seconded by Ms. Wexler to approve the above board fees. All were in favor.

Announcement

Mayor Marotta announced that as of February 1, 2013, Ms. Kimberley Decker will be promoted to land use administrator, a promotion that we are all very proud of. He said that Kim has worked and studied hard, passed all of the requirements and is a certified land use administrator.

Mayor Marotta stated that there is a problem with people walking across Route 94 in the area of the Appalachian. Something should be done. A high fence would be a possible solution and will be dealt with internally.

Adjournment

Motion: Mayor Marotta made a motion and Ms. Cocula seconded the motion to adjourn the meeting at 8:30 p.m. All were in favor.

These minutes were transcribed by Cynthia Davis on January 31, 2013.