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 8, 2011

Mr. Theobald called the meeting to order at 7:10 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 20, 2011 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

Roll Call    Also Present
Andrew BorisukNP Michael Garofalo, Esq., Board Attorney
Andrea CoculaP Jessica Caldwell, Board Planner
David GornsteinP Corey Stoner, Board Engineer
Jessi PaladiniP Cynthia Davis, Recording Secretary
Mayor RinkerP  
Councilmember SeufertP  
Jean MurphyP  
Martin TheobaldP  
Joseph TadrickNP  
Chris Hack (#1 Alt)P  
Ed Rolando (#2 Alt) (7:45 p.m.)P  
Joseph Ferrer (#3 Alt)NP  
Edward Seger (#4 Alt)NP  

Note: Meeting was held in the Senior Center due to the extreme heat. Meeting was recorded by a cell phone and notes taken by Recording Secretary.

Public Hearings

LU# 2-11-3: Mountain Gate LLC, Block 240, Lot 4 - Use Variance

(Note: Mayor Sally Rinker and Council Member Seufert stepped down from this hearing)

Ira Weiner, Esq. came forward on behalf of the applicant. Mr. Garofalo asked Mr. Weiner, and Mr. Weiner confirmed, that his client wanted to proceed with the hearing with only six (6) LUB members present at tonight’s meeting.

Mr. Weiner advised the LUB that his client is willing to do the following modifications to the proposed project. 1. The parking spaces will be limited to 110 parking spaces to meet the ordinance. The applicant would like to “bank” the additional 61 parking spaces to be used if needed at a later date with site plan approval. 2. With regard to the entrance road, the applicant will widen road from 18 feet to 20 feet and make the sharp curves wider. A “bump out” will be added at the steep parts of the road. 3. The applicant will show the property on a google map.

Mr. Weiner asked if any of the LUB members had any issues or questions with this project.

Ms. Caldwell said she felt that the hours of operation should be part of the conditions for the use variance. She confirmed with Mr. Weiner that there will not be recreational lights at night and no activities after dark. She asked Mr. Weiner to clarify the solar portion of the project. Mr. Weiner said that a solar use on the property is something that will be omitted from the project if the Town or the DEP doesn’t want it. However, it is an inherently beneficial use by statute and he doesn’t feel that it could be a problem from a use standpoint.

Ms. Murphy asked how the solar part of the project would be taxed. Mr. Garofalo advised that it would be up to the tax assessor how it is taxed. But it will be taxable.

Ms. Paladini confirmed that the LUB can approve of the uses but the members do not have to necessarily approve of the future site plan with this being a bifurcated application.

Corey Stoner said that he felt there are 3 uses to this variance request: Paintball, residential and solar. Mr. Weiner commented that he feels the proposed home, as it is only for the caretaker, is an accessory use to the recreational use.

It was confirmed that the solar ordinance, if adopted, will need to be followed when and if the site plan comes back before the LUB.

Mr. Garofalo said that there are two D1 variances to be approved with 2 uses—1. Commercial recreation and, 2. Solar facility, with the house being an accessory use.

None of the members had questions or issues with the uses.

Meeting was opened to the public

Mr. Kirk Stevens came forward and said that with respect to the solar, he would like to have the project follow the solar ordinance and be heavily screened from the road. Mr. Stoner commented that the solar will not be seen from the road.

Mr. Dan Kadish came forward and advised the LUB that the paint in paintballs are very toxic to dogs. And while you won’t have a dog show up there, the area is filled with coyotes. He asked that an expert be contacted. Mr. Weiner said that from a site plan prospective this will be addressed.

Meeting was closed to the public

Motion: Mr. Gornstein made a motion to approve both D1 variances. Andrea Cocula seconded the motion. ROLL CALL: COCULA - Y, GORNSTEIN - Y, MURPHY - Y, PALADINI - Y, THEOBALD - Y, HACK - Y.

LU# 5-11-10: Chris Kaas, Block 205, Lot 5 - Bulk Variance, Deck

Mr. Kaas came forward and explained that he and his wife purchased a house in Highland Lakes at 2161 Lakeside Drive, 3 years ago and they are proposing to put a deck on the front of the house. He explained that there is no other practical place to put a deck on the house. The side yards are too small and the back yard will have no lake view. All of the notices were sent and he doesn’t feel that a deck will impact any of the neighbors as a lot of houses have decks and additions up and down the road. The setback with the deck will be 16.9 feet. He advised that the septic is located on the south side and would not be impacted.

Mr. Stoner asked the applicant how the parking would change with the addition of a deck. Mr. Kaas responded that parking would remain very adequate.

Mr. Garofalo said that this hearing is for a variance only to approve a deck location.

Meeting was opened to the public

No one came forward.

Meeting was closed to the public

Motion: Mayor Rinker made a motion to approve of the variance. Mr. Gornstein seconded the motion. ROLL CALL: COCULA - Y, GORNSTEIN - Y, MURPHY - Y, PALADINI - Y, RINKER - Y, SEUFERT - Y, THEOBALD - Y, HACK - Y.

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

Mr. Stevens came forward and said that he read the Vernon Master Plan and the Open Space and Recreation Plan. He said there is a map identifying the area of Sand Hill Road, south of Vernon Crossing, as Vernon grassland agricultural area II. He brought to the LUB attention that this area is a small strip with above normal significance and he would like the heritage of this area to remain as such.

Closed meeting to the public

Resolutions

LU# 5-11-9: Alan and Nancy E. Saccente, Block 190.09, Lot 8 - Use Variance, Minor Site Plan

Motion: Mr. Gornstein made a motion to approve this resolution. Ms. Murphy seconded the motion. ROLL CALL: COCULA - Y, GORNSTEIN - Y, MURPHY - Y, PALADINI - Y, THEOBALD - Y, HACK - Y.

Minutes

May 25, 2011: Regular Meeting Minutes

Motion: Ms. Cocula made a motion to approve of the 5/25/11 Regular Meeting Minutes. Mr. Gornstein seconded the motion. ROLL CALL: COCULA - Y, GORNSTEIN - Y, PALADINI - Y, RINKER - Y, MURPHY - Y, THEOBALD - Y, HACK - Y, ROLANDO - Y.

Escrows, Board Fees and Bond Reductions

  1. Board Fees
    1. Board Attorney: Michael Garofalo, Laddey, Clark & Ryan, LLP
      1. Land Use Board Business: Services through 4/1/11 to 4/30/11 - ($0)
    2. Board Engineer: Cory Stoner, Harold E. Pellow & Associates
      1. Land Use Board Business: Services through 4/1/11 to 4/28/11 - ($570.00)
      2. Cellco/Verizon Wireless: LU# 7-10-5 - Services through 4/13/11 - ($60.00)
      3. Mountain Creek Day Lodge: PB# 2-08-2 - Services through 4/28/11 - ($3,709.25)
      4. Mountain Creek Day Lodge: PB# 2-08-2 - Services through 1/27/11 - ($2,130.00)
    3. Board Planner: Jessica Caldwell AICP, Harold E. Pellow & Associates
      1. Land Use Board Business: Services through 4/1/11 to 4/28/11 ($56.00)
      2. Solar Ordinance Review Services through 4/1/11 to 4/28/11 ($960.50)
      3. Highland Lakes Community Plan: Services through 4/1/11 to 4/28/11 ($791.00)
    4. Board Recording Secretary: Cynthia Davis
      1. Services through 5/19/11 - ($180.00)
  2. Request for Escrows to be Closed
    1. None

Adjournment

Motion: A motion was made by Council Member Seufert to approve of the above listed Board Fees. Mr. Gornstein seconded the motion. All were in favor.

Pending Applications

1. LU# 5-11-12: David & Darlene Kleeschulte - Screened Patio (pending for June 22nd)

Adjournment

Ms. Seufert motioned and Mr. Gornstein seconded the motion to adjourn the meeting at 7:55 p.m. All were in favor.

These minutes were transcribed by Cynthia Davis on June 10, 2011.