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 9, 2013

Mr. Theobald called the meeting to order at 7:11 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.

Roll Call  Also Present
Mayor MarottaP Michael Garofalo, Esq., Board Attorney
Diane WexlerNP Kim Decker, Board Secretary
Councilmember RizzutoP Cynthia Davis, Recording Secretary
Martin TheobaldP  
Richard SpoerlP  
Joseph TadrickP  
Andrea CoculaP  
Joseph FerrerP  
Jessica PaladiniP  
Chris Hack (#1 Alt)P  
Ed Rolando (#2 Alt)P  
Valerie Seufert (#3 Alt)P  
Kristi Raperto (#4 Alt)NP  

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 - Requesting an Extension of Time

Ms. Decker, the board secretary, advised that the applicant requested that this hearing be adjourned until the next LUB meeting on January 23, 2013, with no further notice required.

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

Richard Valenti, Esq., Morris Downing & Sherred, came forward on behalf of the client. He explained that the client is requesting a 1-year extension of the prior approval granted and memorialized on January 26, 2011. He explained that there is a certain issue with the DEP where the applicant is unable to transfer the lot to the DEP until the deputy attorney general settles the matter with Texaco. Mr. Garofalo, Esq. advised that there are no limitations to the amount of extensions given for a minor subdivision and since this problem arose by virtue of the inaction of a state agency, he would have no problem with granting the extension.

Motion: Mayor Marotta made a motion to grant the extension requested, above. Mr. Spoerl seconded the motion. ROLL CALL: MAROTTA - Y, RIZZUTO - Y, THEOBALD - Y, SPOERL - Y, TADRICK - Y, COCULA - Y, FERRER - Y, PALADINI - Y, HACK - Y. Passed.

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

Richard Valenti, Esq., and Mark Annunziato, the applicant, came forward. The applicant is requesting an extension of the site plan approval that was memorialized in January 2009. Mr. Annunziato was sworn in by the board attorney.

Mr. Annunziato showed the board members a picture board depicting the progression of the project. His intention is to finish the project when the economy allows. He said that the building itself, at least the outside, will be done in about 1-year and the site work has been started which may be done a couple of months after the building completion. He is funding this project on his own.

Mr. Garofalo explained that the preliminary site plan approval doesn’t expire. What the applicant is asking for is an extension to the 3-year period of protection against a zone change that might detrimentally affect the project. He said if the board is comfortable with the testimony from the applicant and if there aren’t any zone changes in the making, then granting an extension due to the economy is common and completely defensible.

Motion: Mayor Marotta made a motion to grant (1) 2-year extension of the approval to January 2014. Mr. Ferrer seconded the motion. ROLL CALL: MAROTTA - Y, RIZZUTO - Y, THEOBALD - Y, SPOERL - Y, TADRICK - Y, COCULA - Y, FERRER - Y, PALADINI - Y, HACK - Y. Passed.

Meeting was opened to the public

No one came forward.

Meeting was closed to the public

Resolutions

None

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

None

Minutes

November 28, 2012: Regular Meeting Minutes (Marotta, Wexler, Rizzuto, Theobald, Spoerl, Cocula, Paladini, Hack, Rolando)

Motion: Mr. Spoerl made a motion to approve of the minutes, above. Ms. Cocula seconded the motion. All were in favor.

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 11/2/12 ($75.00)
      2. Advanced Self Storage: LU# 10-12-13 - Services through 11/16/12 ($45.00)
    2. Board Planner: Jessica Caldwell, J. Caldwell & Associates
      1. Land Use Board Business: Services through 11/30/12 ($1,512.50)
    3. Board Engineer: Cory Stoner, Harold E. Pellow & Associates
      1. Land Use Board Business: Services through 10/25/12 ($1,080.00)
      2. Land Use Board Business: Services through 11/29/12 ($720.00)
      3. Mt. Creek Day Lodge: PB# 2-08-2 - Services through 10/29/12 ($186.00)
      4. Mitelin Motors: LU# 5-12-9 - Services through 10/31/12 ($390.00)
      5. Mitelin Motors: LU# 5-12-9 - Services through 11/29/12 ($670.50)
      6. KDC Solar: LU# 8-11-15 - Services through 11/1/12 ($651.50)
      7. KDC Solar: LU# 8-11-15 - Services through 11/21/12 ($570.00)
      8. Market Square Mang.: LU# 4-11-6 - Services through 10/9/12 ($240.00)
      9. Advanced Self Storage: LU# 10-12-12- Services through 10/24/12 ($1,056.00)
      10. Mt. Creek Water Park: PB# 2-91-4 - Services through 11/9/12 ($2,466.00)
    4. Board Recording Secretary: Cynthia Davis - ($56.25)

Motion: Mayor Marotta made a motion to approve of the above listed board fees. Ms. Seufert seconded the motion. All were favor.

  1. Request for Escrows to be Closed
    1. PB# 5-07-6: Top of Vernon - Block 131.01, Lot 13 - Final Major Subdivision ($1,422.66)
    2. PB# 11-06-15: Top of Vernon - Block 131.01, Lot 13 - Preliminary Subdivision ($529.67)
    3. PB# 3-00-7: Top of Vernon - Block 131.05, Lot 1 - Minor Subdivision ($793.75)
    4. PB# 9-98-11: Top of Vernon - Block 131.01, Lot 2 - Final Major Subdivision ($1,500.00)
    5. PB# 3-95-3: Top of Vernon - Block 131.01, Lot 17 - Final Major Subdivision ($356.25)
    6. PB# 4-94-8: Top of Vernon - Block 131.04, Lot 6 - Minor Subdivision ($910.83)
    7. PB# 4-94-6: Top of Vernon - Block 131.01, Lot 13 - Preliminary Subdivision ($439.58)
    8. LU# 1-09-2: NS Enterprises - Block 184.01, Lot 6 - Preliminary and Final Major Site Plan ($916.40)
    9. ZB# 3-05-3: Cingular Wireless - Block 42, Lot 3 - Preliminary and Final Major Site Plan ($919.50)

Motion: A motion was made by Ms. Cocula to approve of the closing of the above listed escrows. Ms. Seufert seconded the motion. All were in favor.

Adjournment

Motion: Ms Cocula made a motion and Mr. Spoerl seconded the motion to adjourn the meeting at 7:31 p.m. All were in favor.

These minutes were transcribed by Cynthia Davis on January 11, 2013.