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 9, 2014

Mr. Theobald called the meeting to order at 7:00 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, 2014 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 Jessica Caldwell, Board Planner
Diane WexlerP Cory Stoner, Board Engineer
Councilmember RizzutoNP Kim Decker, Board Secretary
Martin TheobaldP Cynthia Davis, Recording Secretary
Richard SpoerlP  
Joseph TadrickNP  
Andrea CoculaP  
Joseph FerrerP  
Jessica PaladiniP  
Chris Hack (#1 Alt)NP  
Ed Rolando (#2 Alt)P  
Valerie Seufert (#3 Alt)NP  
Kristi Raperto (#4 Alt)P  

Mr. Theobald reported that all members absent tonight informed the board that they would not be in attendance.

Public Participation

Open Meeting to the Public for Items Other than Those Listed on the Agenda

John Besler (?), a resident of Scenic Lakes came forward and asked about what the procedure is to change an ordinance pertaining to chickens on his property. Currently you need 5 acres and he has 1/2 an acre. Mayor Marotta advised that ordinances of this nature are the purview of the town council. He suggested that he could also have a hearing before the land use board but it is not necessary. However, the town council may refer him back to the land use board for an opinion. The mayor described the process.

Mr. Rolando said that 10 chickens can be kept in a smaller area than a dog requires. He added that egg layers don’t make any noise. There were no objections by the board members.

Motion: Mayor Marotta made a motion to direct ms. Caldwell to do research on ordinances regarding this matter in other towns. Mr. Theobald seconded the motion. All were in favor.

Close Meeting to the Public

Resolutions

None

Items for Discussion other than Listed on the Agenda

Ordinance #14-09 Highlands Preservation Area Land Use Ordinance and Ordinance #14-10 Highlands Zoning Map Overlay

Ms. Caldwell advised that these 2 ordinances have gone through first reading at the town council level and have been referred back to the LUB for master plan consistency review. The town council did not make any changes to them. It is consistent with the master plan.

Mr. Stoner would like to make a change in the exemption determination. The applicant should be able to get the determination at the town level by any of the professionals, zoning officer, planner and/or engineer.

Motion: A motion was made by Mr. Spoerl to make a change to this ordinance to say that any one of the professionals, who may be certified, are able to make determinations on Highlands exemptions in an application. Ms. Wexler seconded the motion. All were in favor.

Mountain Creek Parking Update

Mr. Stoner reported Mountain Creek presented their updated parking plan along with and explanation of how the lots are used to the land use board subcommittee. Mr. Stoner discussed the change made at the Sand Hill lot approved by the town council. The mayor advised that Mountain Creek will be back to discuss the parking plan for the winter season.

Land Use Board Attorney

Motion: Mayor Marotta made a motion and Mr. Theobald seconded the motion that, at the advice of the municipal attorney, Mr. Glenn Kienz from Werner Lesniak will step in as LUB attorney until RFPs can be completed in January 2015. ROLL CALL: MAROTTA - Y, WEXLER - Y, THEOBALD - Y, SPOERL - Y, COCULA - Y, FERRER - Y, PALADINI - Y, ROLANDO - Y, RAPERTO - Y. Passed.

Minutes

May 14, 2014: Regular Meeting Minutes (Marotta, Wexler, Rizzuto, Theobald, Tadrick, Cocula, Paladini, Rolando, Seufert)

Motion: Mayor Marotta made a motion to approve the minutes, above. Mr. Theobald seconded the motion. ROLL CALL: MAROTTA - Y, WEXLER - Y, THEOBALD - Y, COCULA - Y, PALADINI - Y, ROLANDO - Y. Passed.

Board Fees

  1. Board Fees
    1. Board Attorney: Weiner Lesniak LLP
      1. Land Use Board Business: Services through 4/23/14 ($493.40)
      2. Mtn. Creek Master Plan: PB# 2-91-4 - Services through 4/25/14 ($1,360.00)
    2. Board Planner: Jessica Caldwell, J. Caldwell & Associates
      1. Land Use Board Business: ($0)
      2. Mtn. Creek Master Plan: PB# 2-91-4 - Services through 5/27/14 ($325.00)
      3. First Hartford: LU# 5-14-4 - Services through 5/29/14 ($287.50)
    3. Board Engineer: Cory Stoner, Harold E. Pellow & Associates
      1. Land Use Board Business: Services through 4/23/14 ($210.00)
      2. Land Use Board Business: Services through 5/22/14 ($153.00)
      3. KDC Solar LLC: LU#8-11-15 - Services through 4/9/14 ($678.00)
      4. First Hartford: LU# 5-14-4 - Services through 4/30/14 ($180.00)
      5. Sussex Bank: ZB# 5-05-11 - Services through 4/16/14 ($60.00)
      6. Mtn. Creek Master Plan: PB# 2-91-4 - Services through 4/25/14 ($927.00)
      7. New Cingular Wireless: LU# 7-13-4 Services through 4/30/14 ($240.00)
      8. Rosemark Realty: PB# 11-08-7 - Services through 5/28/14 ($441.75)
      9. Dennis Iulo: LU# 1-14-1 - Services through 5/20/14 ($174.00)
      10. First Hartford Realty: LU# 5-14-4 - Services through 5/14/14 ($826.89)
      11. Sussex Bank: PB# 7-04-10 - Services through 5/19/14 ($91.88)
      12. Sussex Bank: ZB# 5-05-11 - Services through 5/19/14 ($183.76)
      13. Mtn. Creek Master Plan: PB# 2-91-14 - Services through 5/29/14 ($826.88)
      14. Sprint: Co-location #5 - Services through 5/22/14 ($122.50)
    4. Board Recording Secretary: Cynthia Davis - ($50.00)

Motion: Ms. Cocula made a motion to approve the above board fees. Ms. Wexler seconded the motion. ROLL CALL: MAROTTA - Y, WEXLER - Y, THEOBALD - Y, SPOERL - Y, COCULA - Y, FERRER - Y, PALADINI - Y, ROLANDO - Y, RAPERTO - Y. Passed.

  1. Request for Escrows to be Closed
    1. PB# 7-92-14: Ramah Naioth Church, Inc. - Block 240, Lot 3 - Site Plan for Conversion of an Existing Barn into a Church ($163.25)
    2. LU# 8-09-10: Ramah Naioth Church, Inc. - Block 240, Lot 3 - Site Plan and Variance for an Addition & Second Level to an Existing Structure ($2.25)
    3. PB# 3-07-2: Helena Holmes - Block 200.20, Lot 13 - Lot Line Relocation ($138.29)
    4. LU# 4-11-6: Market Square Management, LLC - Block 141, Lot 2.03 - Site Plan to Erect a Solar Farm ($250.00)
    5. LU# 4-12-7: Mountain Creek Resort, Inc. - Block 233, Lot 7.01, & Block 231, Lots 12 & 12.04 - Preliminary/Final Site Plan - Urgent Care ($5,837.15)
    6. LU# 9-12-12: Mountain Creek Resort, Inc. - Block 190, Lots 10.03 & 11, & Block 183, Lot 12 - Minor Site Plan for Sidewalks ($310.00)
    7. LU# 8-13-6: Joseph Rogers - Block 200.02, Lot 18 - Bulk & Use Variance for Three Sheds on Property ($135.00)

Motion: A motion was made by Ms. Cocula and seconded by Mr. Spoerl to approve releasing the above escrows. ROLL CALL: MAROTTA - Y, WEXLER - Y, THEOBALD - Y, SPOERL - Y, COCULA - Y, FERRER - Y, PALADINI - Y, ROLANDO - Y, RAPERTO - Y. Passed.

Adjournment

Motion: Mr. Spoerl made a motion and Ms. Cocula seconded the motion to adjourn the meeting at 7:36 p.m. All were in favor.

These minutes were transcribed by Cynthia Davis on August 6, 2014.