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

Minutes: November 9, 2011

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 July 22, 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    Also Present
Mayor MarottaP Gary Kraemer, Esq., Board Attorney (sub)
Diane WexlerP Jessica Caldwell, Board Planner
Councilmember RizzutoP Corey Stoner, Board Engineer
Martin TheobaldP Kim Decker, Planning & Zoning Admin. Asst.
Richard SpoerlP Cynthia Davis, Recording/Board Secretary
Joseph TadrickP  
Andrea CoculaNP  
Joseph Ferrer (arrived at 7:10 p.m.)P  
Jessica PaladiniNP  
Chris Hack (#1 Alt)P  
Ed Rolando (#2 Alt)NP  
Valerie Seufert (#3 Alt)NP  
Kristi Raperto (#4 Alt)P  

Hearings

LU# 11-10-11: Kyungkon Choi, - Block 220.01, Lot 8, - Minor Subdivision & Bulk Variance - Requesting Extension of Time

Stephen McGee, Esq. came forward on behalf of the applicant and advised that the application was presented to the Sussex County Planning Board in July 2011. The County denied the application as is, and requested that a line of sight triangle, on the parcel, be subdivided. The surveyor, Bob Jordan, will need time to do the field work to revise the plan to be submitted to the County. The deed of easement will also need to be recorded before the application will be approved. The applicant is requesting a 6-month extension.

Motion: Mayor Marotta made a motion to approve of the 6-month extension. Mr. Hack seconded the motion. ROLL CALL: MAROTTA - Y, WEXLER - Y, RIZZUTO - Y, THEOBALD - Y, SPOERL - Y, TADRICK - Y, HACK - Y, RAPERTO - Y. Passed.

Meeting was opened to the public

No one came forward.

Meeting was closed to the public.

Resolutions

LU# 8-11-15: KDC Solar, LLC, Block144, Lot 16, - Block 270, Lots 11 & 26, - Block 141, Lot 12.02, - Block 184, Lot 13, - Bulk Variance, Use Variance, Site Plan & Minor Subdivision for Solar Panels

Eligible to vote: Wexler, Spoerl, Tadrick, Cocula, Paladini, Hack, Seufert

Mr. Stoner discussed certain corrections to be made to the resolution. Kim Decker suggested adding some language on page 7 where it states that the transmission line connecting the panel, etc. ...connects to what?

Motion: Mr. Spoerl made a motion to table this resolution until the next LUB meeting after the corrections have been made. Mr. Hack seconded the motion. All were in favor.

LU# 7-11-14: Carlo Ruggerio, Block 230.15, Lot 19 - Bulk Variance for a Carport

Eligible to vote: Marotta, Wexler, Rizzuto, Theobald, Spoerl, Tadrick, Cocula, Paladini, Hack

Motion: Mayor Marotta made a motion to approve of the above resolution. Mr. Hack seconded the motion. ROLL CALL: MAROTTA - Y, WEXLER - Y, RIZZUTO - Y, THEOBALD - Y, SPOERL - Y, TADRICK - Y, HACK - Y.

Land Use Board Discussion Items

Solar Ordinance

Ms. Caldwell discussed the revisions she made to the Solar Ordinance which included adding area criteria differentiating a major facility from a minor facility, buffering requirements to adjacent residential properties, changing the maintenance bond limit to 2 years, additional site plan requirements (photo simulation of visual impacts), and maximum height requirements for the solar panels.

Ms. Wexler commented that there should be a requirement added that when a project entails taking down a lot of trees, those trees should be replaced somewhere, whether in a tree bank or elsewhere in the town. She went on to say that trees offer other benefits other than soil erosion and air cleaning. Trees help protect our climate world-wide. Mr. Rizzuto stated that he feels the same purpose is achieved through low-growth vegetation. Ms. Caldwell commented that she didn't feel that a requirement to replace trees could be required on solar applications only. It would have to be a requirement for all applications/>

Meeting was opened to the public

No one came forward.

Meeting was closed to the public.

Motion: Mr. Tadrick made a motion that the LUB recommend approving the revised Solar Ordinance to the Town Council. Mr. Spoerl seconded the motion. ROLL CALL: MAROTTA - Y, WEXLER - Y, RIZZUTO - Y, THEOBALD - Y, SPOERL - Y, TADRICK - Y, FERRER - Y, HACK - Y, RAPERTO - Y. Passed.

Legal Definitions Hand Out and Protocol for LUB Members

The members agreed to table this discussion until Ms. Kovach is in attendance.

Ord. 330-192. Storage of Recreational Vehicles and Equipment in Residential Districts

Mayor Marotta advised that this item was put on the agenda at the request of the Zoning Officer, Craig Roland. Mr. Roland was recently faced with a situation in Barry Lakes where a neighbor complained about another neighbor whose RV was partially out in front of the house line. Mr. Roland advises that the current ordinance is unenforceable.

The revised proposed ordinance was reviewed by the LUB members. The changes included adding that RVs in driveway locations shall still meet accessory structure, side yard and setback requirements and shall be no closer than 10 feet from a front yard property line or right-of-way. With this change the RVs are allowed in the rear and side yards as accessory structures and they cannot go past the front corner of the house.

Ms. Caldwell suggested considering the size of the recreational vehicle and/or trailer.

Mr. Theobald asked for a consensus of the board members as to whether or not they would agree to have the Planner and Engineer review and craft a better enforceable Storage of RV ordinance: CONSENSUS: MAROTTA - Y, WEXLER - Y, RIZZUTO - Y, THEOBALD - Y, SPOERL - Y, TADRICK - Y, HACK - Y, RAPERTO - Y, FERRER - Y.

Ms. Caldwell asked the LUB members for some specific parameters to include in the proposed ordinance. She will prepare a revised ordinance incorporating the suggestions of the LUB members limiting where the RVs can be parked with regard to their sizes and/or the sizes of the lots.

Ord. 330-50. Minor Site Plan

Mr. Stoner commented that this ordinance needs to be reviewed with regard to changing some of the language including defining what is a minor and what is a major site plan. Mr. Stoner would like to prepare a proposed ordinance deleting the requirement of a sub-committee approval on minor site plans and better defining minor and major site plan criteria. The LUB members were all in favor.

Modifying Permitted Uses in the Mountain Resort Zone

Mayor Marotta requested that this discussion item be tabled. He explained that the LUB will be dealing with this request after the Town Council has a first reading after which it will be sent to the LUB for comments. He explained that there has been a request from Atlantic Health Corporation (Vernon Urgent Care) to move the Vernon Urgent Care facility into the Appalachian Hotel which is in a redevelopment zone. When this zone was defined, pharmacies, wellness centers and health related uses were allowed but doctor's offices were not. The request is to include doctor's offices in the Redevelopment Zone.

Mr. Theobald reminded the LUB members that the LUB has no jurisdiction over applications in the Redevelopment Zone. As such, applicants can only go before the Town Council for a variance. There is only one approved redevelopment zone in the town at this time—Mountain Creek.

Ms. Caldwell discussed the Sammis Property's request to be considered part of one of the Redevelopment Zones (“RZs”). She advises that only 1 (Mountain Creek) of the 4 redevelopment zones in the Township was ever approved by DCA. The statute states that DCA has to approve any RZs. She is not aware whether the Town Center or Northwoods were ever sent to DCA for approval. She has documents where DCA reviewed the McAfee Redevelopment Zone but at that time, DCA was not approving RZs outside of town centers. At that time DCA requested more information to consider approving McAfee. Ms. Caldwell called DCA and found out that if the McAfee RZ is re-submitted, it will most likely be approved.

She advised that the Sammis property cannot be considered to be included at the LUB level because McAfee has not been designated as a redevelopment area by the state. She said they are going to be talking at the Council level with the developers who have interest in developing the Sammis property to see what they are interested in doing. It may need to be studied before it is sent to DCA.

Ms. Caldwell explained that a redevelopment zone is an area deemed in need of redevelopment under a certain statute from the state and it provides a certain level of legal powers for the municipality to use. The statute benefits include tax abatement and bonds and financing.

Release of Escrow

Ms. Decker read-in an escrow release from Dairy Queen for the batting cages. The owner wrote a letter requesting the escrow back. Mr. Stoner still has an inspection to be done. The owner would like most of the escrow returned of the $1,275.75 being held. Mr. Stoner asked that $275.75 be held and release the $1,000.00 back to the applicant.

Motion: Mr. Tadrick made a motion that the escrow be released as stated above. Mr. Rizzuto seconded the motion. ROLL CALL: MAROTTA - N, WEXLER - N, RIZZUTO - Y, THEOBALD - Y, SPOERL - Y, TADRICK - Y, FERRER - Y, HACK - Y, RAPERTO - Y. Passed.

Minutes

October 12, 2011

Motion: Mayor Marotta made a motion to accept the minutes of the LUB meeting on October 12, 2011. Mr. Tadrick seconded the motion. ROLL CALL: MAROTTA - Y, WEXLER - Y, RIZZUTO - Y, THEOBALD - Y, SPOERL - Y, TADRICK - Y, HACK - Y. Passed.

Escrows, Board Fees and Bond Reductions

  1. Board Fees
    1. Board Attorney: Jennifer Kovach, Daggett, Kraemer, Kovach & Gjeslvik
      1. Land Use Board Business: Services through 7/22/11 to 8/29/11 ($300.00)
      2. Market Square: LU# 4-11-6 - Services through 8/31/11 ($915.00)
      3. Kleeschulte: LU# 5-11-12 - Services through 9/7/11 ($405.00)
      4. Ruggerio: LU# 7-11-14 - Services through 9/21/11 ($30.00)
      5. Rinker: PB# 6-08-5 - Services through 9/21/11 ($135.00)
      6. Pellet: LU# 3-11-5 - Services through 9/2/11 ($30.00)
      7. Nextel of New York: LU# 5-11-13 - Services through 9/21/11 ($660.00)
      8. Moore: LU# 2-11-1 - Services through 9/7/11 ($60.00)
      9. Metaire: LU# 2-09-3 - Services through 7/19/11 ($60.00)
      10. KDC Solar: LU# 5-11-11 - Services through 9/20/11 ($1,890.00)
    2. Board Planner: Jessica Caldwell, Harold E. Pellow & Associates
      1. Land Use Board Business: Services through 7/29/11 to 9/1/11 ($565.00)
      2. KDC Solar: LU# 5-11-11 - Services through 9/1/11 ($1,582.00)
      3. Nextel of New York: LU# 5-11-13 - Services through 9/1/11 ($621.50)
    3. Board Engineer: Cory Stoner, Harold E. Pellow & Associates
      1. Land Use Board Business: Services through 7/29/11 to 9/1/11 ($600.00)
      2. Carlo Ruggerio: LU# 7-11-14 - Services through 9/1/11 ($83.75)
      3. KDC Solar: LU# 5-11-11 - Services through 9/1/11 ($1,800.00)
      4. KDC Solar: LU # 8-11-15 - Services through 9/1/11 ($240.00)
      5. NS Enterprises: LU# 1-09-2 - Services through 9/1/11 ($628.00)
      6. Ramah Naioth Church: LU# 8-09-10 - Services through 9/1/11 ($217.50)
      7. Mountain Creek: Day Lodge - PB# 2-08-2 - Services through 9/1/11 ($415.00)
      8. Mountain Creek: Water Park Master Plan - PB# 2-91-4 - Services through 9/1/11 ($337.50)
      9. Nextel of New York: LU# 5-11-13 - Services through 9/1/11 ($684.50)
    4. Board Recording Secretary: Cynthia Davis
      1. Services through 10/31/11 ($108.25)

Motion: Mr. Spoerl made a motion to approve of the above Board fees. Mr. Hack seconded the motion. All were in favor.

Adjournment

Motion: Mayor Marotta made a motion and Mr. Spoerl seconded the motion to adjourn the meeting at 8:52 p.m. All were in favor.

These minutes were transcribed by Cynthia Davis on November 16, 2011.