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

Minutes: March 12, 2014

Mr. Theobald called the meeting to order at 7:06 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.

Roll Call  Also Present
Mayor MarottaP Jessica Caldwell, Board Planner
Diane WexlerNP Michael Garofalo, Esq., Board Attorney
Councilmember RizzutoP Cory Stoner, Board Engineer
Martin TheobaldP Kim Decker, Board Secretary
Richard SpoerlNP  
Joseph TadrickNP  
Andrea CoculaP  
Joseph Ferrer (arrived at 7:10 p.m.)P  
Jessica PaladiniNP  
Chris Hack (#1 Alt)NP  
Ed Rolando (#2 Alt)P  
Valerie Seufert (#3 Alt)P  
Kristi Raperto (#4 Alt)P  

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

Public Hearings

LU# 1-14-1: Dennis J. Iulo - Block 182, Lot 12, Minor Subdivision

Mr. Iulo, the applicant, came forward and was sworn in by the board attorney. Mr. Iulo explained that he moved to Vernon 5 years ago. His daughter would like to live next door to his house. He is before the board to accomplish this project. He would like to subdivide his property and build a solar home where his daughter and family would live.

Mr. Stoner discussed his review letter. The property is not located in Highlands Preservation Area. There are wetlands on the property and he would accept the information from the previous expired LOI in that there have been no changes in what is actually in the field. It should be noted in the resolution that ownership and use of the greenhouses will go with the new lot #12.03. Sight distance should be determined when the house plans are reviewed. No storm water retention seepage pits are required.

The greenhouse is an accessory structure in a semi-permanent location and will require a variance and/or a re-adjustment of the property line for the new lot. Mr. Iulo said that he will take the hoop house (greenhouse) down.

Mr. Garofalo stated that the board could subdivide the lots as shown noting that after hearing the testimony and the board is convinced that there is no detriment to the public welfare could, 1. Leave the real barn in the right of way and, 2. The existing house is too close to the road, and the greenhouse will stay in its present location.

Motion: Mayor Marotta made a motion to approve of the subdivision with the existing structures as in place. Ms. Cocula seconded the motion. ROLL CALL: MAROTTA - Y, RIZZUTO - Y, THEOBALD - Y, COCULA - Y, FERRER - Y, ROLANDO - Y, SEUFERT - Y, RAPERTO - Y. Passed.

Resolutions

Appointing and Retaining Board Attorney: Michael Garofalo, Esq.

Motion: Mayor Marotta made a motion to accept the above resolution. Ms. Cocula seconded the motion. ROLL CALL: MAROTTA - Y, RIZZUTO - Y, THEOBALD - Y, COCULA - Y, FERRER - Y, ROLANDO - Y, SEUFERT - Y, RAPERTO - Y. Passed.

Appointing and Retaining Board Engineer: Cory Stoner

Motion: Ms. Cocula made a motion to accept the above resolution. Mayor Marotta seconded the motion. ROLL CALL: MAROTTA - Y, RIZZUTO - Y, THEOBALD - Y, COCULA - Y, FERRER - Y, ROLANDO - Y, SEUFERT - Y, RAPERTO - Y. Passed.

Appointing and Retaining Board Planner: Jessica Caldwell

Motion: Mayor Marotta made a motion to accept the above resolution. Ms. Cocula seconded the motion. ROLL CALL: MAROTTA - Y, RIZZUTO - Y, THEOBALD - Y, COCULA - Y, FERRER - Y, ROLANDO - Y, SEUFERT - Y, RAPERTO - Y. Passed.

Minutes

January 8, 2014: Reorganization Meeting Minutes (Marotta, Wexler, Rizzuto, Theobald, Spoerl, Tadrick, Hack, Rolando, Raperto)

Motion: Mayor Marotta made a motion to approve the minutes, above. Mr. Ferrer seconded the motion. ROLL CALL: MAROTTA - Y, RIZZUTO - Y, THEOBALD - Y, ROLANDO - Y, RAPERTO - Y. Passed.

January 8, 2014: Regular Meeting Minutes (Marotta, Wexler, Rizzuto, Theobald, Spoerl, Tadrick, Hack, Rolando, Raperto)

Motion: Mayor Marotta made a motion to approve the minutes, above. Mr. Ferrer seconded the motion. ROLL CALL: MAROTTA - Y, RIZZUTO - Y, THEOBALD - Y, ROLANDO - Y, RAPERTO - Y. Passed.

Board Fees

Motion: Ms. Seufert made a motion and Ms. Cocula seconded the motion to approve the board fees listed on the agenda. All were in favor.

Requests for Escrows to Be Closed

Mr. Stoner approved of the escrow being closed.

Motion: Ms. Seufert made a motion to approve and Mayor Marotta seconded the motion. All were in favor.

Public Hearings

Note: Mayor Marotta and Council Member Rizzuto stepped down from these applications.

LU# 1-14-2: New Cingular Wireless PCS, LLC (AT&T) - Block 94, Lot 2, Use Variance, Height Variance and Amended Site Plan to Relocate Antennas, Add Antennas, Add One Microwave Antenna, and Related Equipment to the Existing Compound

Christopher Quinn, Esq., attorney for the applicant, came forward for two applications. He explained that the applications are to upgrade the existing facilities to 4G or LTE services instead of building new facilities, for the purpose of keeping up with technology and customer demands. The applicant is seeking to remove 6 antennas and replace with 12 antennas and a new mount.

Mr. Pazden, Mazur Consulting, civil engineer, came forward and was sworn in by the board attorney. Mr. Pazden discussed the plans with the board. Mr. Pazden confirmed there are no lighting, no additional signage, no fencing and no site improvements proposed with this application. The site is not in the Highlands Preservation Area.

Meeting was Opened to the Public

No one came forward.

Meeting Closed to the Public


Mr. Ron Evans, radio frequency engineer, came forward and was sworn in by the board attorney. Mr. Garofalo asked if the radio frequency testimony would be any different than the testimony originally given with the original application. Mr. Evans said that for these types of upgrades, the testimony will just be informative. Mr. Evans gave a brief testimony.

Mr. Peter Tolischus, planner, came forward and was sworn in by the board attorney. Mr. Tolischus discussed the plan stating that the site is in agro eco-tourism zone and requires a conditional use variance because the tower is at 91 feet with 80 feet allowed. He went on to discuss the advantages to for a conditional use variance.

Mr. Stoner and Ms. Caldwell reported that the experts have addressed all of their questions.

Meeting was Opened to the Public

No one came forward.

Meeting Closed to the Public


Mr. Garofalo explained that this application required a variance the first time around and therefore any additions would also require a variance. He said this application is close to being a re-approval.

Motion: Ms. Cocula made a motion to approve of the conditional use variance. Ms. Seufert seconded the motion. ROLL CALL: THEOBALD - Y, COCULA - Y, FERRER - Y, ROLANDO - Y, SEUFERT - Y, RAPERTO - Y. Passed.

LU# 1-14-3: New Cingular Wireless PCS, LLC (AT&T) - Block 184, Lot 13, Use Variance, Height Variance and Amended Site Plan to Relocate Antennas, Add Antennas, Add One Microwave Antenna, and Related Equipment to the Existing Compound

Christopher Quinn, Esq. came forward and explained that this application is basically the same as the other application tonight and requires a conditional use variance. It is located in the MR Zone.

Mr. Pazden, civil engineer, came forward and summarized the project.

Mr. Evans came forward and explained that the microwave dishes are required as there is not an ethernet or fiber circuit for the LTE available so this needs to be transmitted through a nearby site through the dish.

Mr. Tolischus came forward and discussed the reasons to justify the variance being requested.

Meeting was Opened to the Public

No one came forward.

Meeting Closed to the Public


Motion: Ms. Cocula made a motion to approve of the conditional use variance. Ms. Seufert seconded the motion. ROLL CALL: THEOBALD - Y, COCULA - Y, FERRER - Y, ROLANDO - Y, SEUFERT - Y, RAPERTO - Y. Passed.

Mr. Quinn requested a waiver for the reading of the resolution so that the applicant is able to get their approvals to start the work.

Motion: Ms. Cocula made a motion to approve of the conditional use variance. Ms. Seufert seconded the motion. All were in favor.

Open Meeting to the Public for Items Not 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)

Annual Update of N.J.S.A. 40:55D-70.1

Mr. Garofalo explained that every year the law requires that the approvals for the prior year are memorialized and to analyze those approvals to see if there should be any recommendations for changes to the zoning ordinance. Mr. Garofalo went over his report. His summarization in the report stated the land use board finds that the variances granted were in keeping with the township’s desire for large lot development and regulation of utility installations. It would be this board’s opinion that lot sizes in the PLC zone remain as they are and before anyone can put up cell towers or utility installations the board would like to review the applications.

Motion: Ms. Cocula made a motion to adopt the above report. Ms Seufert seconded the motion. All were in favor.

Adjournment

Motion: Ms Seufert made a motion and Mr. Ferrer seconded the motion to adjourn the meeting at 8:20 p.m. All were in favor.

These minutes were transcribed by Cynthia Davis on April 7, 2014.