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

Minutes: October 10, 2018

Call to Order

Meeting was called to order by Chairman Theobald at 7:00 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 16, 2018 by delivering to the press such notice and posting same at the municipal building.

Salute to the Flag

Chairman Theobald led the assemblage of the flag.

Roll Call  Also Present
John AubergerP Glenn Kienz, Board Attorney
Craig WilliamsP Cory Stoner, Board Engineer
Councilmember KadishP Kim Decker, Board Secretary
Martin TheobaldP  
Richard SpoerlP  
Willard McPeekP  
Andrea CoculaNP  
Ed RolandoP  
Kristi RapertoP  
Michael Whitaker (#1 Alt)P  
Kelly Mitchell (#2 Alt)NP  
Angela Erichsen (#3 Alt)NP  
David Zweier (#4 Alt)P  

Record reflects that Ms. Cocula and Ms. Mitchell informed board of their absence.

Public Hearings

LU# 8-18-6: Kevin Little - Block 143, Lot 24, - Planning Variance to Construct a Single-Family Home on an Unimproved Private Road with No Frontage on a Public Road

Mr. George Gloede, engineer, and applicant Kevin Little came forward and were sworn in to testify on said application. Mr. Gloede explained application is requesting a planning variance to permit development on Block 143 Lot 24 that does not front on a public street. He added the proposed house is on westerly side of Dunay Road which is a better location than previously approved application by the board in 2005. Mr. Stoner stated a condition of a turn-around area for emergency equipment access is required per the 2005 approval which will carry over. Mr. Kienz explained board is not hearing the details of the development at this time but will need to be presented in a well-conceived application. Mr. Gloede added if application is approved, applicant will agree to abide by township’s recommendations regarding construction and issue of culvert on private Dunay Road. Mr. Stoner explained that board must work out all lot and house details since a lot development plan is not required with a land use board approval. He added that this property is located in the Highlands Preservation Area and meets conditions for exemption as a single-family home.

Mr. Kienz stated that applicant has the responsibility to provide access up to his property from the main roadway and recommended requirement for a joint agreement be recorded in a deed amongst all residents on Dunay Road.

Chairman Theobald opened the meeting to the public for said application.

Sherry Cella, 2 Dunay Road, was sworn in, and commented there will be physical impacts of soil erosion, increase of neighborhood population and damage to bridge due to heavy equipment traffic if development is approved. Ms. Cella added development will decrease shade, decrease home values and be problematic to existing animal population of endangered species. Ms. Cella expressed her opposition to the development of the application.

Joseph Dunay, 14 Dunay Road, expressed concern that development with heavy equipment traffic will damage roadway and bridge. Mr. Dunay presented a document showing a right of way to be reserved but was unsure if it was filed by then owner Adolph Dunay in 1954. Mr. Little explained the survey recently done for application only showed a private road but did not show an easement. Mr. Kienz explained that the applicant is required to present determination of easement or right of way; land use board does not need to determine.

Harold McPeek, Alberta Drive, is concerned about the water runoff and drainage of new development onto his neighboring fields. Chairman Theobald explained the township engineer will review application and address any drainage issues. Mr. Stoner added applicant must have an approved stormwater management plan addressing water runoff.

Seeing no more members of the public wishing to come forward, Chairman Theobald closed the meeting to the public.

Mr. Kienz stated applicant will need to carry application to review plans to address all concerns, so the board can make informed decision. Mr. Gloede commented further research is needed to determine right-of-way/easement issue. Mr. Kienz suggested application be carried for 60 days for applicant to provide proofs on Dunay Road, address Engineering concerns and provide accessibility plan for emergency vehicles.

Motion was made by Mr. Spoerl to carry application to the December 12, 2018 meeting with no further public notice required and was seconded by Mr. Williams.

ROLL CALL: AUBERGER: Y; WILLIAMS: Y; KADISH: Y; SPOERL: Y; MCPEEK: Y; ROLANDO: Y; RAPERTO: Y; WHITAKER: Y; THEOBALD: Y.
Motion passed.

Resolutions

LU# 7-18-5: National Winter Activity Center - Block 192.02, Lot 25, - Site Plan to Construct a 20' x 20' Starting Hut at the Top of the Slope

Motion: A motion was made to approve Resolution for LU#7-18-5 by Mr. Williams and seconded by Mr. Auberger.

ROLL CALL: AUBERGER: Y; MCPEEK: Y; RAPERTO: Y; WHITAKER: Y; ZWEIER: Y; THEOBALD: Y.
Motion passed.

Minutes

September 12, 2018: Regular Meeting Minutes (Auberger, McPeek, Raperto, Whitaker, Zweier, Theobald)

Motion: A motion was made to approve Minutes of September 12, 2018 by Mr. Auberger and seconded by Mr. Whitaker. All members voted in favor. Motion passed.

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

  1. Board Fees
    1. Board Attorney: Glenn Kienz, Weiner Law Group LLP
      1. Land Use Board Business: Services through 8/23/18 ($1,118.00)
      2. Vernon Rest.: LU# 5-18-4 - Services through 8/21/18 ($221.00)
      3. Kevin Little: LU# 8-18-6 - Services through 8/16/18 ($45.00)
    2. Board Planner: Jessica Caldwell, J. Caldwell & Associates
      1. Land Use Board Business: Services through 8/22/18 ($360.00)
      2. Land Use Board Business: Services through 9/4/18 ($120.00)
      3. Vernon Rest.: LU#5-18-4 - Services through 8/16/18 ($1,020.00)
    3. Board Engineer: Cory Stoner, Harold E. Pellow & Associates
      1. Land Use Board Business: Services through 8/22/18 ($187.50)
      2. NWAC: LU# 11-16-11 - Services through 8/15/18 ($148.05)
      3. NWAC: LU# 11-16-12 - Services through 8/14/18 ($98.70)
      4. NWAC: LU# 7-18-5 - Services through 8/14/18 ($345.48)
      5. Mountain Creek Master Plan: PB# 2-91-4 - Services through 8/20/18 ($148.05)
      6. Mountain Creek Master Plan: PB# 2-91-4 - Services through 8/20/18 ($125.00)
      7. Vernon Rest.: LU#5-18-4 - Services through 8/20/18 ($717.20)
    4. Board Recording Secretary: Irene Mills ($30.00)

Motion: A motion was made to approve the fees and escrows as listed by Mr. Spoerl and seconded by Mr. Whitaker. All members were in favor. Motion passed.

Public Participation

Chairman Theobald opened the meeting to the public for items other than those listed on the agenda.

Seeing no members of the public wishing to come forward, Chairman Theobald closed the meeting to the public.

Chairman Theobald commented there will be a cell tower application on the next agenda and the board would like to bring in an expert at applicant’s expense. Mr. Kienz explained his firm has a conflict with applicant JCPL. Ms. Decker stated she sought a conflict attorney from Laddey, Clark & Ryan who can represent the board if able. All members voted in favor.

Adjournment

There being no further items of business to be conducted on the agenda, a motion was made by Mr. Williams and was seconded by Mr. Auberger. All members were in favor.

Meeting was adjourned at 7:50 p.m.

Respectfully Submitted
Irene Mills
Recording Secretary