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 27, 2012

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.

Salute to the Flag

Roll Call  Also Present
Mayor MarottaNP Jennifer Kovach, Esq., Board Attorney
Diane WexlerP Matt __________, LUB Planner (Sub)
Councilmember RizzutoP Corey Stoner, Board Engineer
Martin TheobaldP Kim Decker, Planning & Zoning Admin. Asst.
Richard SpoerlP Cynthia Davis, Board Secretary
Joseph TadrickP  
Andrea CoculaNP  
Joseph FerrerNP  
Jessica PaladiniP  
Chris Hack (#1 Alt)P  
Ed Rolando (#2 Alt)P  
Valerie Seufert (#3 Alt)NP  
Kristi Raperto (#4 Alt)P  


LU# 2-12-4: T-Mobile Northeast LLC, Block 199.10, Lot 4, - Conditional Use Site Plan to Maintain an Antenna on a Roof

Eligible to Vote: Marotta, Wexler, Rizzuto, Theobald, Spoerl, Cocula, Ferrer, Paladini, Hack.

Motion: Mr. Spoerl made a motion to approve of the resolution. Mr. Rizzuto seconded the motion. ROLL CALL: RIZZUTO - Y, THEOBALD - Y, SPOERL - Y, PALADINI - Y, HACK - Y.

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

Approval of resolution tabled. Resolution was not provided to the LUB for review.


June 13, 2012 Minutes

Motion: Mr. Hack made a motion to approve the June 13, 2012, meeting minutes. Mr. Theobald seconded the motion. ROLL CALL: WEXLER - Y, RIZZUTO - Y, THEOBALD - Y, SPOERL -Y, PALADINI - Y, HACK - Y, ROLANDO - Y, RAPERTO - Y.

  1. Request for Escrows to be Closed
    1. Carol Giroux ZB# 3-08-2: Bulk Variance for a deck ($55.50)

Chair Theobald asked, and the professionals agreed to approve of the release of the above escrow.

Motion: Mr. Spoerl made a motion to approve of the release of the above escrow. Ms. Wexler seconded the motion. All were in favor.

Pending Land Use Board Business—Status of Pending Applications

Ms. Decker advised that the following application is scheduled to be heard at the next LUB meeting on July 11, 2012.

LU# 5-12-11: Dave Di Michele Jr. - Bulk Variance for a carport

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

Public Hearings

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.

Ben Cascio, Esq. came forward on behalf of the applicant. He explained that this application is to construct a building on the property located at 46 Route 94. The applicant had 2 prior approvals for different projects on the same property.

Ken Ochab, Professional Planner, came forward and was sworn in by the board attorney. Mr. Ochab talked about the history of the 2 prior applications which were both approved. The first was in 2007 for a daycare facility and the second, a few years later was for a medical office building. Both projects fell through. Both applications were for a 2-story building with the parking configuration being almost the same as the new application. The new project is for a one-story retail building with room for 2 stores, one of which will be Dollar General. The applicant has a signed lease with Dollar General subject to LUB approval.

Mr. Ochab described the site as being almost 4 acres with the majority of the site having wetlands. The lot is between Pizza Pros and a single family house. The applicant has a written agreement with Pizza Pros to share access with them which was submitted with this application. There are no variances required for the building. Mr. Ochab advised of the items the applicant has gotten, as follows: 1) DOT permit, 2) LOI from DEP, 3) soil conservation permit, and, 4) sanitary permit.

With regard to the architectural design, Mr. Ochab stated that the building will be single story with a flat roof. It will be vinyl sided with a stone veneer on the bottom similar to the one on Highland Bank. There will not be any mechanicals on the roof. Mr. Ochab described the proposed landscaping and lighting plan.

Mr. Ochab reported that the variances required are for parking and wall signs and the requested waivers are as follows:

  • Traffic Report—2 have all ready been done for the prior applications
  • Road Profiles—the applicant has the permit
  • Parking Stall Size—applicant proposing 9 x 20 as opposed to 10 x 20 foot stalls—it is Dollar General’s requirement to have 9 x 20 foot stalls.
  • Elimination of curb along rear parking area

Mr. Ochab discussed the C-2 variances required for parking and signs. Mr. Ochab then discussed the engineer’s report with regard to the environmental constraints and advised that the applicant will comply with all of the requirements with respect to wetlands and flood hazard areas.

Chair Theobald asked that something other than forsythia will be planted between the homeowner on the eastern side of the property and he requested that the building be landscaped better than what is currently proposed. The applicant agreed to work out a landscaping revision with Mr. Stoner.

Mr. Rolando commented that he thought the fact that the Colonial shopping center adjoining through to the proposed new building, so that people do not have to go out onto the highway from one location to another, is a good idea.

Mr. Stoner summed up his concerns including that there will have to be a modification to Pizza Pros parking lot striping. The applicant agreed to provide fire lane signs around the rear of building along with grass pavers along the side of the building so that a fire truck may access the building. Mr. Stoner requested that the applicant have the property staked by a licensed surveyor so there will be no encroachments.

Frank LoScalzo, P.E., came forward and was sworn in by the board attorney and discussed Mr. Stoner’s review issues including run-off along Route 94. He requested that the applicant show that the water along Route 94 will be collected before it goes over to the adjacent property along the east side of the building. He also requested that the landscape island not be erodible.

Meeting was opened to the public

No one came forward.

Meeting was closed to the public

Motion: Mr. Rolando made a motion to approve the preliminary major site plan. Mr. Tadrick seconded the motion. ROLL CALL: WEXLER - Y, RIZZUTO - Y, THEOBALD - Y, SPOERL - Y, TADRICK - Y, PALADINI - Y, HACK - Y, ROLANDO - Y, RAPERTO - Y.

Motion: Mr. Tadrick made a motion to approve of the C-Variance for 71 parking spaces instead of 97; bulk variances for 3 signs instead of 2 and total square footage and the design waivers for parking stall size and curbing. Mr. Rolando seconded the motion. ROLL CALL: WEXLER - Y, RIZZUTO - Y, THEOBALD - Y, SPOERL - Y, TADRICK - Y, PALADINI - Y, HACK - 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 - ($0)
    2. Board Planner: Jessica Caldwell, J. Caldwell & Associates
      1. Land Use Board Business - ($0)
      2. Grammatica: LU# 4-12-8 - Services through 5/4/12 ($137.50)
    3. Board Engineer: Cory Stoner, Harold E. Pellow & Associates
      1. Land Use Board Business - ($0)
    4. Board Recording Secretary: Cynthia Davis - ($127.50)

Motion: Mr. Spoerl made a motion to approve of the above listed board fees. Mr. Theobald seconded the motion. All were in favor.


Motion: Mr. Tadrick made a motion to adjourn the meeting at 8:45 p.m. All were in favor.

These minutes were transcribed by Cynthia Davis on July 10, 2012.