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

Minutes: July 25, 2012

Mr. Theobald called the meeting to order at 7:12 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 Jennifer Kovach, Esq., Board Attorney
Diane WexlerP Corey Stoner, Board Engineer
Councilmember RizzutoNP Kim Decker, Planning & Zoning Admin. Asst.
Martin TheobaldP Cynthia Davis, Board Secretary
Richard SpoerlNP  
Joseph TadrickNP  
Andrea CoculaP  
Joseph FerrerP  
Jessica PaladiniNP  
Chris Hack (#1 Alt)NP  
Ed Rolando (#2 Alt)P  
Valerie Seufert (#3 Alt)NP  
Kristi Raperto (#4 Alt)P  

(Note: Mr. Theobald advised that all members that were not present had called to say they would not be coming.)


LU# 5-12-11: Dave DiMichele, Jr. - Block 73.06, Lot 48 - Bulk “C” Variance for a Carport on a Corner Lot

Mr. DiMichele came forward and was sworn in by the board attorney. Mr. Theobald advised Mr. DiMichele that he needs to explain the application to the board along with the hardship he would face if he was not able to construct this project. Mr. DiMichele explained that he is requesting a C-variance for a carport that he already constructed on his corner lot in Lake Panorama. He explained that his setbacks are not sufficient. He is required to have a 40 foot setback and he had 37.1 feet and with the carport there is a 17.1 foot setback. He further explained that the area around his house is wooded and residential. He said he explored different locations but due to his property lines, well and septic, there were no other locations in which to build the carport. Mr. DiMichele said he needs the carport to protect his expensive truck from the heavily wooded area around his home. Mr. DiMichele testified that he didn’t know of any other home in the area with a carport because it is not allowed in the PLC zone without a variance. Mayor Marotta asked if he had gotten a permit to build the carport. Mr. DiMichele replied that no, he never applied for a permit because when he called the town, the person he spoke with told him that as long as the structure was free-standing, he wouldn’t need a permit. He went on and said that he wasn’t aware that the town and the lake communities have different zoning laws.

Mr. Stoner discussed his engineer’s report. Mr. Stoner said that the house is a pre-existing non-conforming structure and that he assumed this carport was an addition to the existing home. However, Mr. DiMichele said that it is free-standing. Mr. Stoner stated that even if it is an accessory structure, it would also not be allowed in the front yard and would require a C-variance.

Mr. DiMichele commented that it is typical in his neighborhood to have homes that do not meet the front yard setback. Most of the homes are well under the 40 foot setback. He also stated that he did not apply for the variance until now because there was a point where he may have lost his home. After he stabilized his financial situation, he applied for the variance.

Meeting was opened to the public

Bill Partridge, 6 Split Rock Lane, came forward and advised that he is a neighbor of “Dave’s” and stated that his house is a prime example of not having proper setbacks. He advised that this is very typical of the neighborhood and said that the structure Dave built is “nice looking and not ridiculous.” He said there is one other carport in the neighborhood located down the road from Dave.

Mr. DiMichele answered yes to Mayor Marotta’s question as to whether he had received a fine for constructing the carport and that the fine was $1000.00, payment of which is contingent upon the outcome at this LUB meeting.

John Gulden, 5 Evergreen Road, came forward and stated that he wished he had a carport on his property and that he did not object to this one being built.

Motion: Mr. Rolando made a motion to approve of a variance for the front yard setbacks to an accessory structure. Mayor Marotta seconded the motion. ROLL CALL: MAROTTA - Y, WEXLER - Y, THEOBALD - Y, COCULA - Y, FERRER - Y, ROLANDO - Y, RAPERTO - Y.

Mayor Marotta commented to Mr. DiMichele that he was not pleased because he felt that there are many people in this town who think it is easier to gain forgiveness than permission and stated that this is not fair to the community. He went on to tell the applicant that in the future he should find out what is required prior to doing a project. Mr. DiMichele said that he understood the Mayor’s comment.

Mr. Theobald advised Mr. DiMichele that he has permission from the Land Use Board. However, now he will need permission from zoning and the building department.

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


LU# 4-12-7: Mountain Creek Resort, Inc., Block 233, Lot 7.01, Block 231 Lots 12, 12.01, 12.02, 12.03 & 12.04 - Preliminary/Final Site Plan with Use and Bulk Variances for Construction of a New Urgent Care Facility and Helistop Expansion

Eligible to vote: Wexler, Spoerl, Cocula, Ferrer, Paladini, Hack, Raperto

Motion: Ms. Cocula made a motion to approve of the resolution, above. Mr. Ferrer seconded the motion. ROLL CALL: WEXLER - Y, COCULA - Y, FERRER - Y, RAPERTO - Y. Passed.

LU# 5-12-9: Mitelin Motors, Inc. - Block 270, Lots 6.05 & 6.06 - Preliminary Major Site Plan to Construct a Single Story Retail Building and Bulk Variance for Parking and Signs

Eligible to vote: Wexler, Rizzuto, Theobald, Spoerl, Tadrick, Paladini, Hack, Rolando, Raperto

Motion: Mr. Theobald made a motion to approve of the resolution, above. Ms. Wexler seconded the motion. ROLL CALL: WEXLER - Y, THEOBALD - Y, ROLANDO - Y, RAPERTO - Y. Passed.

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

Recommendation to the Governing Body for the Cedar Crest Farm to be Included as a Historic Landmark

Motion: Ms. Cocula made a motion to approve of the recommendation, above, to be made to the Town Council. Mayor Marotta seconded the motion. All were in favor.

Closed Session



June 27, 2012: Regular Meeting Minutes (Wexler, Rizzuto, Theobald, Spoerl, Tadrick, Paladini, Hack, Rolando, Raperto)

Motion: A motion was made by Mr. Theobald to approve of the minutes, above. Ms. Wexler seconded the motion. ROLL CALL: WEXLER - Y, THEOBALD - Y, ROLANDO - Y, RAPERTO - 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 6/13/12 ($2,130.00)
      2. Crystal Springs: PB# 6-06-8 - Services through 4/6/12 ($180.00)
      3. Moore: LU# 2-11-1 - Services through 6/4/12 ($90.00)
      4. T-Mobile: LU# 2-12-3 - Services through 5/1/12 ($300.00)
      5. Tczap: LU# 3-12-6 - Services through 4/9/12 ($150.00)
      6. Toste: LU# 1-12-2 - Services through 4/20/12 ($150.00)
      7. Toye: LU# 11-11-18 - Services through 6/11/12 ($345.00)
      8. Grammatica: LU# 4-12-8 - Services through 6/11/12 ($195.00)
      9. O’Keefe: LU# 2-12-5 - Services Trough 4/10/12 ($210.00)
      10. Haltner: LU# 1-12-1 - Services through 3/15/12 ($345.00)
    2. Board Planner: Jessica Caldwell, J. Caldwell & Associates
      1. Land Use Board Business: Services through 6/27/12 ($490.00)
      2. Mitelin Motors: LU# 5-12-9 - Services through 6/14/12 ($605.00)
    3. Board Engineer: Cory Stoner, Harold E. Pellow & Associates
      1. Land Use Board Business: Services through 5/9/12 ($300.00)
      2. NS Enterprises: LU# 1-09-2 - Services through 5/16/12 ($123.00)
      3. Mt. Creek Day Lodge: PB# 2-08-2 - Services through 5/14/12 ($756.00)
      4. Mt. Creek Water Park: PB# 2-91-4 - Services through 5/23/12 ($510.00)
      5. KDC Solar: LU# 5-11-11 - Services through 5/16/12 ($126.00)
      6. KDC Solar: LU# 8-11-15 - Services through 5/30/12 ($1,971.00)
      7. T-Mobile: LU# 2-12-3 - Services through 5/9/12 ($30.00)
      8. T-Mobile: LU# 2-12-4 - Services through 5/9/12 ($30.00)
      9. Mt. Creek Urgent Care: LU# 4-12-7 - Services through 5/25/12 ($720.00)
      10. Grammatica: LU# 4-12-8 - Services through 5/30/12 ($427.50)
      11. Mitelin Motors: LU# 5-12-9 - Services through 5/10/12 ($180.00)
      12. T-Mobile: LU# 5-12-10 - Services through 5/21/12 ($60.00)
    4. Board Recording Secretary: Cynthia Davis - ($93.75)
  2. Request for Escrows to be Closed
    1. None

Motion: Ms. Cocula made a motion to approve payment for the board fees listed above. Mr. Rolando seconded the motion. All were in favor.


Highlands Act

Mayor Marotta reported that packets of information will be given to each of the board members to review in order to give a recommendation to the Town Council regarding the requirements for the Highlands Preservation Act that was approved earlier this year. He further advised that no changes can be negotiated at this time.

Mayor Marotta added that the Highlands Act Committee is funding any costs attached to this by a grant so that work that needs to be done by the Township professionals will not come from the local budget. Starting August 1st, there are certain things that need to be done within 60 days and 120 days, etc. All of that information will go to the members in writing.

Variance Requests

The LUB members discussed the approval of the DiMichele application and the issue of residents coming in for variance approvals after projects have been built.

Mayor Marotta advised the board that Council Members Rizzuto and Wetzel have visited every single lot that the Township of Vernon owns by foreclosure, and taken pictures, written physical description of them and matched them with the Land Conservancy inventory of lands that may be of interest to the State. Last year there were 413 parcels held by the town. This year 85 parcels have been foreclosed and, out of those, 6 were sold. Mayor Marotta suggested asking applicants who are requesting variances whether or not they are aware of any lots adjacent to their property that are owned by the Township that they may be able to purchase to fulfill their zoning requirements.

Approved Projects Progress

Mr. Stoner commented that KDC Solar is under construction on the Sand Hill and Tissington properties. The drainage is being constructed and panels will be installed soon. Market Square is moving forward with the solar panel installation. Mitelin Motors has submitted revised plans which include adding some stonework and false windows to break up the blank walls which he thinks will look much better than the original plan. Mayor Marotta added that the small retail space in this building will be a Starbucks.


Motion: Mayor Marotta made a motion and Andrea Cocula seconded the motion to adjourn the meeting at 8:00 p.m. All were in favor.

These minutes were transcribed by Cynthia Davis on August 2, 2012.