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

Minutes: September 11, 2013

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, 2013 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 Michael Garofalo, Esq., Board Attorney
Diane WexlerP Cory Stoner, Board Engineer
Councilmember RizzutoNP Kim Decker, Board Secretary
Martin TheobaldP  
Richard SpoerlNP  
Joseph TadrickNP  
Andrea CoculaP  
Joseph FerrerP  
Jessica PaladiniP  
Chris Hack (#1 Alt)P  
Ed Rolando (#2 Alt)P  
Valerie Seufert (#3 Alt)NP  
Kristi Raperto (#4 Alt)NP  

Chair Theobald noted that all absentees informed the office that they would not be in attendance tonight.

Public Hearings

LU# 8-13-6: Joseph Rogers, Sr. - Block 200.12, Lot 18, - Bulk and Use Variance for Three Sheds on Property

Robert Jordan, surveyor, came forward on behalf of the applicant and was sworn in by the board attorney. Mr. Jordan reported that this application is to request a variance for 3 accessory structures on one piece of property with one structure being less than 10 feet apart from another accessory structure.

Mr. Jordan explained that the applicant (Mr. Rogers) bought the property in early 2013 from a builder who had finished building the house in 2010. The 3 sheds existed on the property in 2010. One shed is a cabana near the pool and, next to that structure is an 84 square foot shed covering the pool components. The 3rd shed is a portable shed on the rear of the property. The component shed, which is 7 x 12 feet, was put up without a permit which requires a variance. The cabana shed has a sink and toilet in it and was installed without a permit. Mr. Jordan advised that the town will inspect the sheds when/if the variance is granted. The structure that connects the existing 2 sheds is proposed to come down.

Mr. Garofalo explained that this is not a bulk variance nor is it a D-variance. He said that the Vernon ordinance allows 2 accessory structures on a property. The board needs to be satisfied that testimony will lead to the conclusion that despite the fact the ordinance states 2 accessory structures are allowed, the applicant wants another shed.

Mr. Stoner asked if a neighbor would be able to see the sheds and Mr. Jordan advised no. He added that the sheds are not visible from the road either. The property is 1.29 acres. Ms. Cocula stated that she could see the sheds from the road when she drove by before the meeting.

Meeting was Opened to the Public

No one came forward.

Meeting Closed to the Public

Motion: Ed Rolando made a motion to approve the variance for the above application. Mr. Ferrer seconded the motion. ROLL CALL: WEXLER - Y, THEOBALD - Y, COCULA - Y, FERRER - Y, PALADINI - Y, HACK - Y, ROLANDO - Y. Passed.

Public Participation

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

Close meeting to the public

Escrows, Board Fees and Bond Reductions

  1. Board Fees
    1. Board Attorney: Michael Garofalo, Laddey, Clark & Ryan
      1. Land Use Board Business: Services through 7/30/13 ($375.00)
      2. New Cingular Wireless: LU# 7-13-4 - Services through 7/10/13 ($45.00)
      3. Theta 456 Assoc.: LU# 5-13-2 - Services through 7/11/13 ($450.00)
    2. Board Planner: Jessica Caldwell, J. Caldwell & Associates
      1. Land Use Board Business: Services through 8/14/13 ($113.00)
      2. New Cingular Wireless: LU# 7-13-4 - Services through 8/9/13 ($1,130.00)
    3. Board Engineer: Cory Stoner, Harold E. Pellow & Associates
      1. Land Use Board Business: ($0)
      2. KDC Solar: LU# LU# 8-11-15 - Services through 7/30/13 ($1,158.00)
      3. New Cingular Wireless: LU# 7-13-4 - Services through 7/30/13 ($670.00)
      4. Mt. Creek Master Plan: PB# 2-91-4 - Services through 7/30/13 ($774.00)
      5. PRJ Properties LLC: PB# 8-07-11 - Services through 7/23/13 ($540.00)
      6. Theta 456 Assoc.: LU# 5-13-2 - Services through 7/26/13 ($1,896.00)
      7. Verizon Wireless: Coll. #4 - Services through 7/30/13 ($507.00)
      8. Rosemark Realty: PB# 11-08-7 - Services through 7/19/13 ($60.00)
    4. Board Recording Secretary: Cynthia Davis - ($60.00)
  2. Request for Escrows to be Closed
    1. None

Motion: Ms. Cocula made a motion and Ms. Wexler seconded the motion to approve the above board fees. All were in favor.

Resolutions

LU# 7-13-4: New Cingular Wireless PCS, LLC (AT&T) - Block 82, Lot 2.01, - Preliminary/Final Site Plan & Use Variance to Increase the Height of a Monopine and Place Twelve (12) Antennas at the Top of the Monopine with Additional Branches

Eligible to vote: Wexler, Theobald, Spoerl, Tadrick, Cocula, Ferrer, Raperto

Motion: Ms. Cocula made a motion to approve and Mr. Ferrer seconded the motion to approve the above resolution. ROLL CALL: WEXLER - Y, THEOBALD - Y, COCULA - Y, FERRER - Y.

Minutes

August 14, 2013: Regular Meeting Minutes (Wexler, Theobald, Spoerl, Tadrick, Cocula, Ferrer, Hack, Rolando, Raperto)

Motion: A motion was made by Mr. Hack and seconded by Ms. Wexler. ROLL CALL: WEXLER - Y, THEOBALD - Y, COCULA - Y, FERRER - Y, HACK - Y, ROLANDO - Y.

The LUB had a moment of silence in memory of September 11, 2001.

Public Hearings

LU# 8-13-5: William Ludwig - Block 268.01, Lot 65-73, - Bulk Variance for the Height of an Accessory Structure

Mr. William Ludwig, the applicant came forward and was sworn in by the board attorney.

Mr. Ludwig explained that he would like to construct an accessory structure on the only spot on his lake property that would be within the restrictions of the Highlands Act. Mr. Ludwig’s calculations are of a height averaging 15 feet which would not require a variance. However, the zoning officer advised that he did in fact need a variance as the proposed structure would average 19 feet with the calculations as defined in the ordinance. Mr. Stoner discussed the differing styles of measurements on this project. The only reason the applicant is here is due to the height of the structure.

Mr. Ludwig said that he would be using the structure for a tractor, ATVs, and storage on the second floor. He said does not have enough storage in his house or his garage.

Mr. Stoner discussed his review letter. Mr. Ludwig said that he will eliminate the front pad (closest to the road) from this application. However, he would like the proposed pad in the back of the building to be included in the application for boat storage. A new driveway will not be included in this application. Mr. Stoner commented that he would not recommend a seepage pit for this application.

Mr. Garofalo summarized the application for this “good old-fashioned C-variance” application for a 19' storage shed when only 15' is allowed by ordinance. He asked the members to decide whether or not the applicant has offered proof of a hardship.

Meeting was Opened to the Public

No one came forward.

Meeting Closed to the Public

Motion: Mr. Rolando made a motion to approve the C-variance application. Mr. Ferrer seconded the motion. ROLL CALL: WEXLER - Y, THEOBALD - Y, COCULA - N, FERRER - Y, PALADINI - Y, HACK - Y, ROLANDO - Y. Passed.

Adjournment

Motion: Ms. Cocula made a motion and Mr. Theobald seconded the motion to adjourn the meeting at 7:50 p.m. All were in favor.

These minutes were transcribed by Cynthia Davis on September 16, 2013.