Minutes: June 10, 2015

Mr. Theobald called the meeting to order at 7:03 p.m.

Call to Order

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 21, 2015 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. Theobald informed the board that Christopher Hack and Richard Spoerl would not be in attendance.

Public Participation

Open Meeting to the Public for Items Other than Those Listed on the Agenda

No member of the public came forward.

Close Meeting to the Public

Public Hearings

LU# 4-15-3: Daniel Kadish - Block 32, Lot 7, - Minor Subdivision with Variances

The property is owned by Dan Kadish which is an 88.39 acre parcel. One acre is excluded as it is designated for the homestead. The request by Mr. Kadish is to subdivide the one acre of property that the home in on. The entire parcel had been approved in 2002 by both the county and state agricultural boards to be in farmland preservation, which are deed restricted to preservation.

Mr. Kadish was sworn in by Mr. Kienz.

Ms. Ursula Leo, Mr. Kadish’s attorney, questioned Mr. Kadish of the location of the well, septic and accessory buildings. Ms. Ursula provided two exhibits, A-1 and A-2. Exhibit A-1 was a picture of the property of the well area and exhibit A-2 was the leech field area. Ms. Ursula continued to ask Mr. Kadish about items on the pictures and confirmed with Mr. Kadish that no new improvements are planned for this one acre parcel and that the reason for the request is to subdivide this section off from the larger piece of property. The applicant asked that all waivers on the completeness list be removed. Mr. Stoner explained that some of the key waivers would be zone tables, proposed lot number and a key map. Mr. Theobald then asked the board to vote on deeming the application complete/including granting the waivers.

Motion: Mr. Tadrick motioned to approve the application complete along with granting the waivers. Ms. Cocula seconded the motion. ROLL CALL: Marotta -Y, Wexler- Y, Rizzuto-Y, Theobald -Y, Tadrick -Y, Cocula -Y, Paladini -Y. PASSED.

Mr. Stoner continued with his report and the requirements for the variances which include bulk requirements for the lot and the variance for the accessory structures. One of the accessory buildings is a chicken coop which prompted concerns by the board. The main concern is if the property was to be sold by Mr. Kadish could a future owner have animals on the property such as chickens or horses. The township has ordinances which dictate such allowances/non-allowances. Other concerns were that the map/survey was created in 2002. Mr. Tadrick asked if there was any legal time frame about how current a map needs to be. Ms. Paladini expressed that she would like to see a map that depicts the actual location of the well and septic. Mr. Stoner asked Mr. Kadish if the property had changed since 2002. Mr. Stoner suggested that the well and septic location be put into some kind of map. If the board approves this item the new lot will be lot 7.02.

Continued concerns were made by the board about animals on the property if sold. Mr. Kadish’s attorney suggested that restrictions regarding animals on the one acre lot (the proposed lot 7.02) for any future owner must comply with any ordinances set by Vernon Township. Ms. Paladini also expressed that a formal subdivision map should be submitted with the actual location of the well and septic. Mr. Theobald asked if Mr. Kadish would be willing to submit a formal subdivision map to the board. Mr. Kadish’s attorney said they would comply if necessary.

Motion: Ms. Cocula made a motion for approval to grant subdivision approval with variances along with specific conditions, addendum to the file document along with details to include well and septic location. Ms. Wexler seconded the motion. ROLL CALL: Marotta -Y, Wexler -Y, Rizzuto -Y, Theobald -Y, Tadrick -Y, Cocula-Y, Paladini -Y, Roland -Y. PASSED.

Vernon Township School District and Board of Education—Courtesy Project Review Regarding the Installation of a Ground Mounted Solar Array System on a Portion of the School Owned Property on Sammis Road

Vernon Township School District and Board of Education presented a courtesy project review for an installation of a ground mounted solar array system. Mr. Frank Regan the board of ed’s attorney introduced the project.

Mr. Kapnes, business administrator was sworn in by Mr. Kienz. Mr. Kapnes explained that the school system has actively sought solutions for the schools to be energy efficient. The high school uses a lot of energy and the Vernon Board of Ed feels it is now a good time to seek other alternatives such as solar.

Ryan Scerbo partner of DeCotiis Law Firm was introduced. He explained that five firms submitted bids for the solar project. Ultimately Solar City was chosen to complete this project. He presented the land use board with projected savings. The agreement with Solar City is for 15 years. After the 15 years, the school system could purchase the system. The system has a 25 year warranty.

Jorge Consuegra, engineer for Solar City spoke. He oversaw the plans and explained that it is a 800KW project. He explained the physical project. The project will use about an acre and half of property. The project will be secured by a gated 8-1/2 foot fence, with a lock for fire departments to use in the event of an emergency. All lines from the solar project will be installed under the ground. There will be minimum tree removal for the project. Mr. Theobald asked if they were adhering to township ordinances for this project? Mr. Stoner explained that they must adhere to any township solar ordinances to obtain any permits.

Ms. Cocula brought up that a school may close in the future despite no clear decision on that matter. However, it was clarified that the building would most likely remain occupied by some other entity.

Mr. Theobald opened this review to the public. No member of the public came forward.

Motion: Mayor Marotta made a motion to approve the project consistent with the master plan, along with replacing any trees that are removed during the project. Mr. Tadrick seconded the motion. All were in favor.

Resolutions

LU# 4-15-2: Mountain Creek Resort, Inc. - Block 231, Lot 12, - Minor Subdivision with Use & Bulk Variances

Motion: Ms. Paladini made a motion to approve the resolution. Mr. Nieves seconded the motion. All were in favor.

Minutes

May 13, 2015: Regular Meeting Minutes (Wexler, Spoerl, Tadrick, Cocula, Paladini, Nieves, Raperto)

Motion: Ms. Cocula made a motion to approve the minutes. Mr. Tadrick seconded the motion. All were in favor.

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 3/31/15 ($336.00)
      2. First Hartford: LU# 5-14-4 - Services through 4/20/15 ($368.00)
      3. Mountain Creek: LU# 4-15-2 - Services through 4/22/15 ($112.00)
      4. Edward Malec: LU# 2-15-1 - Services through 4/10/15 ($448.00)
   2. Board Planner: Jessica Caldwell, J. Caldwell & Associates
      1. Land Use Board Business: Services through 5/13/15 ($190.00)
      2. Mountain Creek: LU# 4-15-2- Services through 5/12/15 ($201.25)
   3. Board Engineer: Cory Stoner, Harold E. Pellow & Associates
      1. Land Use Board Business: Services through 4/17/15 ($122.50)
      2. First Hartford Realty: LU# 5-14-4 - Services through 4/29/15 ($1,218.88)
      3. KDC Solar LLC: LU# 8-11-15 - Services through 4/22/15 ($44.00)
      4. Carolyn Chave: LU# 10-14-9 - Services through 4/3/15 ($91.88)
      5. Mountain Creek: LU# 4-15-2 - Services through 4/29/15 ($275.63)
   4. Board Recording Secretary: Colleen Ragnetti - ($60.00)

Motion: A motion was made by Ms. Cocula to approve and seconded by Mr. Tadrick to approve the above board fees. All were in favor.

Adjournment

Motion: Ms. Cocula made a motion to adjourn the meeting at 8:40 p.m. Mr. Nieves seconded the motion. All were in favor.

These minutes were transcribed by Colleen Ragnetti on June 24, 2015.