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, 2016

Mr. Kienz called the meeting to order at 7:00 p.m.

Due to absence of chairperson and vice chairperson, Mr. Kienz requested a motion for nomination of a Class IV member for acting chairperson. Ms. Cocula made a motion to nominate Richard Spoerl and was seconded by Ms. Paladini; all members were in favor.

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 18, 2016 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

Mr. Kienz led the assemblage of the flag.

Roll Call  Also Present
Mayor ShortwayNP Cory Stoner, Board Engineer
Diane WexlerP Glenn Kienz, Esq., Board Attorney
Councilmember MurphyNP Malvika Apte, Board Planner
Martin TheobaldNP Irene Mills, Recording Secretary
Richard SpoerlP  
Joseph TadrickNP  
Andrea CoculaP  
Ed RolandoP  
Jessica PaladiniP  
Willard McPeek (#1 Alt)P  
Michael Whitaker (#2 Alt)P  
David Nieves (#3 Alt)P  
Kristi Raperto (#4 Alt)NP  

Mr. Kienz advised that Mayor Shortway and Councilmember Murphy are unable to hear the use variance and are excused from the meeting and Mr. Spoerl said that Mr. Theobald, Mr. Tadrick and Ms. Raperto called to say they were unable to attend.

Public Hearings

LU# 9-16-8: Cellco Partnership d/b/a Verizon Wireless - Block 173, Lot 6, Preliminary and Final Site Plan with Variances to Construct a Monopole with Concealment Branches

Mr. Kienz announced that applicant Cellco Partnership elected not to proceed tonight and to be carried until the December 14, 2016 land use board meeting with no further notice required.

LU# 10-16-9: Kaching - Block 141, Lot 12.04, - Preliminary and Final Site Plan to Construct a Building to Include Storage and Offices for Paving and Seal Coating

Mr. William Askin, Esq. came before board to report that witnesses will appear to testify for the applicant. Mr. Kienz commented the board is very familiar with property because it granted variance relief in October 2015 and although the variance is slightly bigger and different, the site and use are generally the same. Mr. Kienz asked if Mr. Askin received the reports dated 11-7-2016 of the board planner and of the board engineer, to which he replied yes. The owners, Rob Gerczak and Rob Quaranta were sworn in by Mr. Kienz and described proposed site plan of 6000 sq. ft. building for a paving and line striping business with office space. A colorized version of the submitted site plan was submitted into testimony and labeled Exhibit A-1 which shows the increased footprint of building. Mr. Gerczak states the use is the same, number of machinery and employees are the same. He adds all of the 6 vehicles including enclosed trailers, mason dumps and open trailers will all park inside building overnight. Ms. Apte questioned the sq. footage of building as proposed will be 7,200 sq. ft. not 6,000 as testified. Mr. Gerczak explained the 6,000 sq. ft. is the increased size of footprint of building and does not include the upstairs, and agrees total sq. ft. proposed is 7,200 sq. ft. Mr. Kienz confirmed for Mr. Spoerl that the application is an expanded use variance and a preliminary and final site plan.

David Getz, licensed engineer from Lehman & Getz, was sworn in to explain proposed site plan is located on Warren Drive, a dead end street off Rt. 94. He adds the site plan includes long gravel driveway with turn around and parking area, proposed stormwater basin, new well and seepage disposal system. Site is surrounded by wooded area and slopes toward north. Mr. Stoner states per ordinance the driveway is required to be paved and curbed but engineer would not object for applicant to seek variance to pave only the first 150 ft. of driveway. Mr. Stoner feels non-structural type stormwater management of design is good but requires additional swale calculations and drainage calculations per his report.

Applicant proposes 9 parking spaces but per ordinance, Ms. Apte states 17 spaces are required due to sq. footage and number of employees and variance must be granted. Mr. Kienz suggests to board and applicant that 9 spaces shown would be ample but plan must show 10 reserved spaces for future uses. Mr. Gerczak states the 9 spaces would be 10' x 18' and delineated by wheel stops and only the one handicap space will be paved.

Mr. Getz explains the lighting plan on sheet 3 of 5 on plans submitted which consists of two lights on building in front and one on the side. Mr. Stoner states plan must be updated to show stand-alone lights for parking spaces and free-standing sign not to exceed 30 sq. ft., maximum 5 ft. high, down lit or internally lit and 5 ft. from the road. Mr. Getz offers Exhibit A-2 which shows proposed design of the building sign displaying yellow ‘A’ for paving company and white/red/black for US Outworkers line striping company. Ms. Apte states variance needed for signs due to residential zoning but adds code for commercial building allows for total 40 sq. ft. which applicant will show on updated plan.

Ms. Apte questions delivery schedule and Mr. Gerczak testified that trucks would only deliver supplies during hours of 8 a.m. - 4 p.m. Mr. Apte adds the landscaping plan only shows one shade tree but applicant explains entire lot is wooded and will retain all existing trees and add ornamental grass and shrubs as noted on Exhibit A-2.

Mr. Whittaker asked for reason why lot will not be paved. Mr. Gerczak stated to decrease impervious surface and vehicle/truck traffic would cause damage to asphalt and compacted stone would be easier to repair. Mr. Stoner states design waiver needed for only paving first 150 ft. from road until slope is less than 6%, parking spots must be delineated by wheel stops and handicap space must be paved.

Architect Pete Kalafut, from Elizabeth Reeves firm is sworn in to testify the building will be steel, in grey color with white trim with small covered roof over entry door and fully guttered. He adds there is an 8" block wall between offices and garage per building code, an ADA bathroom on bottom level office, another bathroom on second floor office and two more in garage area.

Motion: Motion by Andrea Cocula to approve amended use variance and approve preliminary and final site plan per board’s conditions: submission of parking plan delineating 9 spaces and 10 reserve spaces, updated plan to include location sign no more than 30 sq. ft. and wall sign no more than 40 sq. ft., and updated landscaping and lighting plan to be approved by engineer and planner. Seconded by Diane Wexler. ROLL CALL: WEXLER: Y, SPOERL: Y, COCULA: Y, ROLANDO: Y, PALADINI: Y, MCPEEK: Y, WHITAKER: Y. Passed.

LU# 7-16-5: Waheguru Gas, LLC - Block 145, Lot 1.02, - Minor Site Plan with Use and Bulk Variances to Install a Canopy Over Existing Fuel Pumps

Mr. Jim Opfer, Esq. came before the board to present proposed amended site changes to meet concerns of board based on reports by experts. Mr. Opfer states all of the front area and north area of property will be paved to fence line and rear behind fence will be gravel and used for rental units and storage of vehicles.

Tyler VanDerValk, engineer with Houser Engineering was sworn in and testified fence will be 6 ft. high black coated vinyl with slats on gate to hide rear area. Rear will be fully enclosed with board on board fencing. Under canopy applicant proposed to increase existing lighting to 2 ft. candles to improve safety. Mr. Stoner agrees no more than 2 ft. candles due to site so close to road. Mr. Stoner adds being in town center lighting for side parking spaces is required to be free standing lantern style of which applicant agrees to add one to each side of property to frame site and meet needs of town center standards. Existing lighting in rear of site includes two lights operating from 6:00 a.m. - 10:00 p.m. daily for security purposes and proposes to add motion activated. One indoor office light will be kept on at all times onsite.

Proposed landscaping includes large arborvitaes on south and north side to border property, south area in front of fence will be large shrubs or ornamental grass and neatly maintained. Mr. Stoner requested engineer add abandoned septic, sewer lines and well location on updated plans.

Ms. Apte questions parking needs in front and rear for employees, rental units and patrons. Mr. VanDerValk states there is only one employee for gas station and 2 employees for garage daily and requirement for 6 parking spaces in front will be shown on updated plan. Patrons stay for short period of time for retail of small prepackaged goods in office which includes: cigarettes, soda, and coffee with no cooking on site. After discussion, applicant requests rear parking for no more than 6 rental vans and 15 cars which may include employee parking. Mr. Stoner states applicant must maintain safe drive aisle in rear at all times and check with township fire sub code official for safety access requirements.

Ms. Apte explains to board that two variances are needed: front yard setback for canopy and higher impervious coverage than township code.

Regarding signage of property, Mr. Opfer will eliminate unnecessary signs to board’s approval. Mr. Kienz suggest that board allow Mr. Opfer to review copy of previous applicant’s resolution detailing signage for similar application and come back to board for approval. Building color will be blue and white and will be included in signage plan.

Mr. Spoerl opened the meeting to the public, no one came forward, meeting closed to public.

Motion: Motion made by Andrea Cocula to approve site plan with variances as discussed without sign approval. Applicant must appear for another hearing for signage approval. Seconded by Jessica Paladini. ROLL CALL: WEXLER: Y, SPOERL: Y, COCULA: Y, ROLANDO: Y, PALADINI: Y, MCPEEK: Y, WHITAKER: Y. Passed.

Public Participation

Meeting opened for public participation and there being none, meeting closed to public participation.

Resolutions

LU# 7-16-7: LGWS, Inc., Block 261, Lot 5, - Site Plan for Proposed Overall Existing Sign Identification

Motion: A motion was made to approve the above resolution by Ms. Wexler and seconded by Mr. Spoerl. ROLL CALL: WEXLER: Y, SPOERL: Y, ROLANDO: Y, MCPEEK: Y, WHITAKER: Y. Passed.

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

None

Minutes

September 14, 2016: Regular Meeting Minutes

Motion: A motion was made to approve the above minutes by Mrs. Cocula and seconded by Ms. Wexler. ROLL CALL: WEXLER: Y, SPOERL: Y, COCULA: Y, ROLANDO: Y, MCPEEK: Y, WHITAKER: Y. Passed.

Appendix A: Escrows, Board Fees, Bond Reductions and Escrow Closures

  1. Board Fees
    1. Board Attorney: Glenn Kienz, Weiner Lesniak LLP
      1. Land Use Board Business: Services through 8/23/16 ($1,104.00)
      2. Land Use Board Business: Services through 9/16/16 ($ 1,072.00)
      3. NWAC: LU# 6-15-6 - Services through 8/3/16 ($96.00)
      4. Lake Community Property Owners: LU# 11-15-13 - Services through 8/24/16 ($176.00)
      5. Lake Community Property Owners: LU# 11-15-13 - Services through 9/1/16 ($144.00)
      6. LGWS, Inc.: LU#7-16-7 - Services through 8/31/16 ($1,088.00)
      7. LGWS, Inc.: LU#7-16-7 - Services through 9/14/16 ($318.00)
      8. Anthony DeGregorio: LU# 7-16-6 - Services through 8/9/16 ($400.00)
      9. MNA Vernon Realty: LU# 6-15-5 - Services through 7/12/16 ($48.00)
      10. Waheguru Gas LLC: LU# 7-16-5 - Services through 9/14/16 ($128.00)
    2. Board Planner: Jessica Caldwell, J. Caldwell & Associates
      1. Land Use Board Business: Services through 8/10/16 ($292.50)
      2. Land Use Board Business: Services through 9/14/16 ($292.50)
      3. LGWS, Inc.: LU#7-16-7 - Services through 8/8/16 ($526.50)
      4. LGWS, Inc.: LU#7-16-7 - Services through 9/14/16 ($468.00)
      5. Waheguru Gas LLC: LU# 7-16-5 - Services through 9/8/16 ($409.50)
    3. Board Engineer: Cory Stoner, Harold E. Pellow & Associates
      1. Land Use Board Business: Services through 8/10/16 ($250.00)
      2. Land Use Board Business: Services through 9/14/16 ($250.00)
      3. MNA Vernon Realty: LU# 6-15-5 - Services through 9/1/16 ($125.00)
      4. NWAC: LU# 6-15-6 - Services through 8/24/16 ($187.50)
      5. NWAC: LU# 6-15-6 - Services through 9/19/16 ($875.00)
      6. Waheguru Gas LLC: LU# 7-11-5 - Services through 8/26/16 ($377.60)
      7. Waheguru Gas LLC: LU# 7-11-5 - Services through 9/12/16 ($250.00)
      8. James Lombardo: PB# 8-05-9 - Services through 8/17/16 ($94.40)
      9. Lake Community Property Owners: LU# 11-15-13 - Services through 8/17/16 ($94.40)
      10. LGWS, Inc.: LU#7-16-7 - Services through 8/3/16 ($432.83)
      11. LGWS, Inc.: LU#7-16-7 - Services through 9/9/16 ($156.25)
      12. Wilson Facility: LU# 6-15-8 - Services through 8/29/16 ($141.60)
      13. Wilson Facility: LU# 6-15-8 - Services through 9/27/16 ($188.80)
      14. Mountain Creek Master Plan: PB# 2-91-4 - Services through 8/2/16 ($188.80)
      15. Mountain Creek Master Plan: PB# 2-91-4 - Services through 9/29/16 ($438.80)
    4. Board Recording Secretary—Irene Mills - ($52.50)

Motion: A motion was made to approve the above board fees by Ms. Paladini and seconded by Ms. Wexler. All were in favor. Passed.

  1. Request for Escrows to Be Closed
    1. Crystal Springs Builders, LLC: PB# 6-06-8 - Preliminary Major Site Plan for solar panels - Request for Escrow to Be Released ($7,913.23)
    2. Sussex National Development, Inc., Sammis Farm: PB# 2-05-3 - Preliminary Major Site Plan - Request for Escrow to Be Released ($30,479.69)

Motion: A motion was made to approve the above escrows to be released by Ms. Cocula and seconded by Mr. Rolando. All were in favor. Passed.

Adjournment

There being no more business a motion made by Ms. Paladini to close the meeting was seconded by Ms. Wexler and all board members were in favor. The meeting was adjourned at 9:09 p.m.

Minutes were transcribed by Irene Mills on November 16, 2016.