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

Minutes: June 12, 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

Roll Call  Also Present
Mayor MarottaP Michael Garofalo, Esq., Board Attorney
Diane WexlerP Cory Stoner, Board Engineer
Councilmember RizzutoNP Kim Decker, Land Use Administrator
Martin TheobaldP Cynthia Davis, Recording Secretary
Richard SpoerlNP  
Joseph TadrickP  
Andrea CoculaP  
Joseph Ferrer (arrived at 7:10 p.m.)P  
Jessica PaladiniP  
Chris Hack (#1 Alt)NP  
Ed Rolando (#2 Alt)P  
Valerie Seufert (#3 Alt)P  
Kristi Raperto (#4 Alt)P  

Note: Mr. Rizzuto, Mr. Spoerl, and Mr. Hack advised the board that they would not be present at tonight’s meeting.

Public Hearings

LU# 5-13-1: Daniel Bakay - Block 134, Lot 11.06, - Bulk Variance for a Rear Yard Deck

Mr. and Mrs. Bakay, 604 Route 517, Sussex, came forward and were sworn in by the board attorney. Mr. Bakay stated that they are before the board to request a variance to build a deck off of their house. He said that they both were raised in Vernon and like the town. They plan on raising their 3 children in Vernon. Their property sits 250' away from the road. However, the back of the house only has a 40 foot setback. Their home is located in the R-2 zone where a 75 foot setback is required. Mr. Bakay commented that the backyard is very private and has only one adjacent neighbor who has no issues with them building a deck on the house. The deck project has been pre-approved by the health department. There are 2 existing doors on the back of the home which would exit onto the new deck. Mr. Bakay said he and his wife would like to provide a safe area for their children in the back of the house to play. They feel a deck located on the back of the house would provide the safest spot.

Mr. Stoner reported that he visited the site and said it is a non-conforming structure. He commented that most of the useable part of the lot is in the back of the house as there is a large pond located in the front. A rear-yard setback variance is required to construct this deck. Mr. Bakay advised Mr. Stoner that the stairs would be located on the left side on the diagram.

Mr. Theobald asked why the deck cannot be built somewhere else on the property. Mr. Bakay again stated that the back is the safest location for a deck for their children.

Motion: Mr. Tadrick made a motion to approve the above application for a variance. Ms. Paladini seconded the motion. ROLL CALL: MAROTTA - Y, WEXLER - Y, THEOBALD - Y, TADRICK - Y, COCULA - Y, FERRER - Y, PALADINI - Y, ROLANDO - Y. Passed.

Mr. Bakay asked for a waiver for the reading of the resolution to begin construction.

Motion: Mayor Marotta made a motion to grant the above waiver. Mr. Tadrick seconded the motion. All were in favor.

Public Participation

Open meeting to the public for items other than those listed on the agenda

No one came forward.

Close meeting to the public

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

Ordinance #13-10: Highlands Preservation Area Checklist Requirements

Mayor Marotta advised that Vernon Township is now part of the Highlands Preservation Area, and, as such, Vernon has agreed to modify certain ordinances to bring them in line with the requirements of the Highlands in the preservation area. This checklist is the next step that needs to be done. Mayor Marotta went onto say that there isn’t anything earth shattering about it as the Highlands is clear about ordinances and the modifications of them. This checklist has been before the town council once and is here for any LUB comments and then will go back to the town council. Mayor Marotta recommended that this checklist be approved.

Motion: Ms. Cocula made a motion to approve of the checklist. Mr. Ferrer seconded the motion. ROLL CALL: MAROTTA - Y, WEXLER - Y, THEOBALD - Y, TADRICK - Y, COCULA - Y, FERRER - Y, PALADINI - Y, ROLANDO - Y, SEUFERT - Y. Passed.

Ordinance #13-11: Performance and Maintenance Guarantees

Mr. Stoner reviewed this issue with the board by saying it is for requiring performance guarantees only for major developments over an acre in size. Mayor Marotta reported that this ordinance was passed unanimously by the town council at the first reading.

Motion: A motion was made by Mr. Tadrick and seconded by Ms. Wexler to pass the above ordinance. ROLL CALL: MAROTTA - Y, WEXLER - Y, THEOBALD - Y, TADRICK - Y, COCULA - Y, FERRER - Y, PALADINI - Y, ROLANDO - Y, SEUFERT - Y. Passed.

Ordinance #13-12: Solar Zoning and Standards

Mayor Marotta reported that this ordinance was passed unanimously by the town council at the first reading and now has to have a review by the LUB before the second reading.

Motion: A motion was made by Mr. Tadrick and seconded by Ms. Wexler to pass the above ordinance. ROLL CALL: MAROTTA - Y, WEXLER - Y, THEOBALD - Y, TADRICK - Y, COCULA - Y, FERRER - Y, PALADINI - Y, ROLANDO - Y, SEUFERT - Y. Passed.

Substitute Planner for Age Restricted Housing Project (J. Caldwell not available)

Ken Nelson has been recommended to substitute for Ms. Caldwell on this project due to any possible conflicts. (Note: Mr. Rolando abstained from voting on this matter).

Motion: A motion was made by Ms. Cocula to approve of Ken Nelson as substitute planner for the age restricted housing project. The motion was seconded by Ms. Seufert. ROLL CALL: MAROTTA - Y, WEXLER - Y, THEOBALD - Y, TADRICK - Y, COCULA - Y, FERRER - Y, PALADINI - Y, SEUFERT - Y, RAPERTO - Y. Passed.

Public Participation

Open meeting to the public for items other than those listed on the agenda

Close meeting to the public

Resolutions

None

Minutes

May 8, 2013: Regular Meeting Minutes (Marotta, Wexler, Rizzuto, Theobald, Spoerl, Tadrick, Cocula, Ferrer, Hack)

Motion: A motion was made by Mr. Tadrick and seconded by Ms. Wexler to approve the above minutes. ROLL CALL: MAROTTA - Y, WEXLER - Y, THEOBALD - Y, TADRICK - Y, COCULA - Y, FERRER - Y.

Escrows, Board Fees and Bond Reductions

  1. Board Fees
    1. Board Attorney: Michael Garofalo, Laddey, Clark & Ryan
      1. Land Use Board Business: Services through 4/24/13 ($300.00)
    2. Board Planner: Jessica Caldwell, J. Caldwell & Associates
      1. Land Use Board Business: ($0)
    3. Board Engineer: Cory Stoner, Harold E. Pellow & Associates
      1. Land Use Board Business: Services through 5/1/13 ($1,230.00)
      2. Advanced Self Storage: LU# 10-12-13 - Services through 4/22/13 ($150.00)
      3. Cellco/Verizon Wireless: LU# 7-10-5 - Services through 5/2/13 ($236.50)
      4. Mt. Creek Master Plan: PB# 2-91-4 - Services through 4/26/13 ($750.00)
      5. KDC Solar: LU# 8-11-15 - Services through 4/12/13 ($387.00)
      6. Urgent Care: LU# 4-12-7 - Services through 5/2/13 ($451.00)
      7. New Cingular Wireless: Coll. #1 - Services through 4/24/13 ( $240.00)
    4. Board Recording Secretary: Cynthia Davis - ($30.00)

Motion: A motion was made by Mayor Marotta and seconded by Mr. Tadrick to approve the above Board fees. ROLL CALL: MAROTTA - Y, WEXLER - Y, THEOBALD - Y, TADRICK - Y, COCULA - Y, FERRER - Y, PALADINI - Y, SEUFERT - Y, RAPERTO - Y. Passed.

  1. Request for Escrows to be Closed
    1. LU# 5-12-11: Dave DiMichele - Block 73.06, Lot 48 - Bulk Variance for a Car Port ($420.00)

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

Discussion

Mr. Stoner discussed the plans submitted by Mountain Creek for their master plan update. He suggested that Mountain Creek not be required to come before the board and instead, he will do the review and report to the board.

Mr. Stoner said that Mountain Creek has submitted another set of plans to address the erosion on the snow-tubing mountain. With regard to the solar panel project, they will not be going forward with Phase I (solar panels over the parking lot). Phase II (Standhill) and the Tissington property will be starting soon. Mayor Marotta advised that the hold up was the company in China that was supplying the panels went through a bankruptcy. He went on to say that $192K has been paid for permits on these projects.

Mayor Marotta advised that Vernon received a $380,000 grant from FEMA to upgrade the entire communications system for fire, ambulance and police to ultra high frequency. He was asked by the fire marshal and chief of police whether or not there was any way that Vernon can, by ordinance, require any company putting a tower up, or having a tower, to allow Vernon Twp. to put necessary repeaters on them. The board attorney said “yes.” Mayor Marotta asked the attorney to develop an ordinance that would make that possible. The will enable repeaters to be place all around the township and eradicate most of the dead spots including hand-held radios.

Adjournment

Motion: Mayor Marotta made a motion and Mr. Ferrer seconded the motion to adjourn the meeting at 7:47 p.m. All were in favor.

These minutes were transcribed by Cynthia Davis on June 19, 2013.