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 24, 2012

Mr. Theobald called the meeting to order at 7:04 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 15, 2012 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 MarottaNP Jennifer Kovach, Esq., Board Attorney
Diane WexlerP Cory Stoner, Board Engineer
Councilmember RizzutoNP Jessica Caldwell, Board Planner
Martin TheobaldP Kim Decker, Planning & Zoning Admin. Asst.
Richard SpoerlNP Cynthia Davis, Board Secretary
Joseph Tadrick (left 8:15 p.m.)P  
Andrea CoculaNP  
Joseph Ferrer (arrived at 7:07 p.m.)P  
Jessica PaladiniNP  
Chris Hack (#1 Alt)NP  
Ed Rolando (#2 Alt)P  
Valerie Seufert (#3 Alt)NP  
Kristi Raperto (#4 Alt)P  

(Note: Mr. Theobald advised that all the members not present tonight had called to say that they would not be in attendance. He advised that Mayor Marotta and Council Member Rizzuto are not able to hear the scheduled application as it is for a use variance. As such, they were also not in attendance.)

Hearings

LU# 10-12-13: Advanced Self Storage of Vernon, LLC - Block 270, Lot 11.02, - Use & Bulk Variance with Preliminary & Final Site Plan for Two Additional Storage Buildings

Mr. Theobald asked the applicant and his professionals if they would prefer to wait until another LUB member arrives so that there would be one extra member over the quorum amount. The applicant agreed to wait until 7:30 p.m.

Minutes

October 10, 2012: Regular Meeting Minutes (Rizzuto, Theobald, Spoerl, Cocula, Ferrer, Paladini, Hack, Raperto)

Motion: Mr. Theobald made a motion to approve and Mr. Ferrer seconded the motion to approve of the minutes. ROLL CALL: THEOBALD - Y, FERRER - Y, RAPERTO - Y.

  1. Request for Escrows to be Closed
    1. ZB# 5-07-8: Bruce Zaretsky - Block 141.04, Lot 6, Preliminary & Final Site Plan with Variances for Residential & Mixed Use Offices ($937.60)
    2. PB# 194V: Vernon View Associates/Glenwood Homes - Block 20, Lot 22, Final Major Subdivision ($2,042.00)
    3. ZB# 9-05-18: Glenwood Management - Block 231, Lot 14, Preliminary Site Plan & Use Variance ($486.59)

Ms. Decker reviewed the escrows requested to be returned, listed above.

Motion: Mr. Theobald made a motion to approve of releasing the escrows listed above. Ms. Wexler seconded the motion. All were in favor.

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

Town Center Ordinance Revision

Ms. Caldwell, board planner, came forward to discuss the revisions made to the Town Center ordinance including the following:

Basement apartments will not be allowed and require a use variance. Certain changes were discussed including, changing the minimum floor height for 1st floor of residential buildings to 8 feet instead of 9 feet. Ms. Caldwell said that new buildings in the town center will be limited by the amount of utilities available which will not allow for huge buildings. However, capacity may be added in the future (the discussion continued after the application hearing, below).

Hearing

LU# 10-12-13: Advanced Self Storage of Vernon, LLC - Block 270, Lot 11.02, - Use & Bulk Variance with Preliminary & Final Site Plan for Two Additional Storage Buildings

Steve Maynardi, Esq., Maynardi & Maynardi, came forward on behalf of the applicant. He said that his client is looking to build 2 additional self-storage buildings on the building along with extra storage space for his portable self storage containers. The applicant is seeking amended preliminary and final site plan approval, bulk variance for setback from the cul-de-sac and approval to expand the existing non-conforming use.

Bob Van Zile, the applicant, and Bernard Caffrey, the architect for the project, were sworn in by the board attorney. Mr. Van Zile described the property and the project plans.

Mr. Stoner discussed his review letter which included the need for the applicant to submit new plans showing the proposed phasing of the job and the grading of a swale at the back of the buildings. Variances are required for a front yard setback from the cul-de-sac and the easement along the eastern side of the property. The application will need to get a soil conservation permit.

Mr. Maynardi discussed the positive and negative criteria in connection with the relief sought.

Meeting was opened to the public

No one came forward.

Meeting was closed to the public

Motion (for non-conforming use): Mr. Tadrick made a motion to approve of the expansion of the existing non-conforming use. Mr. Rolando seconded the motion. ROLL CALL: WEXLER - Y, THEOBALD - Y, TADRICK - Y, FERRER - Y, ROLANDO - Y, RAPERTO - Y. PASSED.

Motion (for bulk variances): Mr. Rolando made a motion to approve of the (2) front yard setbacks from the cul-de-sac and the east property line easement and the design waiver. Mr. Ferrer seconded the motion. ROLL CALL: WEXLER - Y, THEOBALD - Y, TADRICK - Y, FERRER - Y, ROLANDO - Y, RAPERTO - Y. PASSED.

Motion: Mr. Rolando made a motion to approve of the amended and preliminary and final site plan. Mr. Tadrick seconded the motion. ROLL CALL: WEXLER - Y, THEOBALD - Y, TADRICK - Y, FERRER - Y, ROLANDO - Y, RAPERTO - Y. PASSED.

Motion: Mr. Rolando made a motion to waive the finalization of the resolution prior to applying for a building permit for the foundation. Mr. Tadrick seconded the motion. All were in favor.

LU# 9-12-12: Mountain Creek Resort, Inc. - Block 190, Lots 10.03, & 11 - Block 183, Lot 12, - Minor Site Plan for Sidewalks and Handicap Ramps along Rt. 94 to Sand Hill Road

The applicant requested that this hearing be adjourned until the next LUB meeting.

Public Participation

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

Frank DeWitt, Alternative Energy Associates, came forward on behalf of one of their customers, residing at 16 Seeley Storms Drive. He explained that the zoning officer suggested that he come before the LUB for clarification regarding screening for a residential ground mounted solar system to be installed at the subject premises. The ordinance states that the LUB may consider screening of minor solar facility when it impacts adjacent parcels. In this case, the location is in a back yard and will not be seen by adjacent properties.

Mr. DeWitt asked for the process regarding this issue. Ms. Caldwell commented that if the application was one that required a variance, then the LUB would review the issue of whether or not screening would be required. Otherwise, this issue would be handled by the zoning officer. Mr. Stoner feels that ground mounted arrays should probably be screened.

Mr. Theobald asked Mr. DeWitt to reach out to the board engineer, so that he, along with the zoning officer, can look at the site together and determine what should be done with regard to screening. The ordinance will be reviewed and possibly revised with regard to this type of application.

Closed Meeting to the Public

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

Town Center Ordinance Revision

Ms. Caldwell discussed the Town Center ordinance revisions made after the last discussion. Certain changes were discussed including changing the town center trees to smaller flowering trees and how to re-word landscaping options in parking lots.

Ms. Caldwell said the town center standards show a public square where the firehouse is located.

Meeting was opened to the public

Vincent Zinno, Chairman of the MUA, came forward and made several suggestions with regard to the Town Center ordinance, including parameters for outdoor displays and having a clearly defined sidewalk egress. Mr. Zinno offered suggestions for the solar panel ordinance.

Meeting was closed to the public

  1. Board Fees
    1. Board Attorney: Jennifer Kovach, Daggett, Kraemer, Kovach & Gjeslvik
      1. Land Use Board Business: Services through 10/4/12 ($45.00)
      2. Land Use Board Business: Services through 10/4/12 ($225.00)
      3. Dave DiMichelle: LU# 5-12-11 - Services through 9/14/12 ($150.00)
      4. Toye Real Estate: 11-11-18 - Services through 9/20/12 ($90.00)
      5. Sussex National Dev.: PB# 2-05-3 - Services through 9/28/12 ($150.00)
      6. Sally Rinker: ZB# 10-06-17 - Services through 9/28/12 ($105.00)
    2. Board Planner: Jessica Caldwell, J. Caldwell & Associates
      1. Land Use Board Business: Services through 9/26/12 ($110.00)
    3. Board Engineer: Cory Stoner, Harold E. Pellow & Associates
      1. Land Use Board Business: ($0)
    4. Board Recording Secretary: Cynthia Davis - ($75.00)

Motion: A motion was made by Mr. Ferrer to approve payment of the above listed board fees. Ms. Wexler seconded the motion. All were in favor.

Closed Session

Motion: Ms. Wexler made a motion to go into closed session. Mr. Ferrer seconded the motion. All were in favor.

Ms. Davis read the closed session resolution into the record.

The land use board members reviewed the RFQs that were received for the 2013 LUB attorney.

Adjournment

Motion: Ms. Raperto made a motion and Mr. Ferrer seconded the motion to adjourn the meeting at 9:21 p.m. All were in favor.

These minutes were transcribed by Cynthia Davis on November 21, 2012.