Minutes: October 14, 2015

Mr. Theobald called the meeting to order at 7:07 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 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 advised that Ms. Cocula, Mr. Tadrick and Ms. Raperto would not be attending and had called to inform the board as such.

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# 9-15-10: Cedars at Black Creek Reserve - Block 141, Lot 12.04, - Variance for a Paving and Line Painting Business, Outdoor Storage of Equipment and Maintenance of Equipment

Rich Valente, Esq. came forward on behalf of his client, Mr. Edward Talmo, who was also present, along with his planner, Mr. Kenneth Nelson. Mr Talmo and Mr. Nelson were sworn in. Mr. Valente was going to distribute pictures but the board took judicial notice so there was no need to distribute same. Testimony was heard from Mr. Valente, Mr. Nelson and Mr. Talmo as to the compatibility with other industrial uses on Warren Drive and that it meets positive and negative criteria tests and will be concealed from view as it will be 400 feet off the street.

Vehicle maintenance on trucks and equipment will take place inside.

Mr. Talmo is only seeking a use variance approval at this time. He will come back for a site plan approval at a later date. Mr. Theobald asked for questions from the board. No members of the board had any questions at this time.

Meeting was open to the public.

No one from the public wished to speak.

Meeting was closed to the public.

Motion: A motion was made by Mr. Rolando to approve the use variance for this property. Mr. Spoerl seconded the motion. ROLL CALL: WEXLER - Y, THEOBALD - Y, SPOERL - Y, PALADINI - Y, ROLANDO - Y, NIEVES - Y. Passed.

Mayor Marotta and Councilmember Rizzuto were not able to hear this use variance.

LU# 9-15-11: Philip and Donna Girlando - Block 194.05, Lot 14, - Minor Subdivision

Rich Valente, Esq. came forward on behalf of his clients, Philip and Donna Girlando. Also present was Mr. Girlando and Thomas Graham, P.E.

Mayor Marotta and Councilmember Rizzuto entered the meeting at 7:25 p.m.

Mr. Girlando is seeking relief in two areas: one being the issuance of a permit to subdivide one lot into 2, and the other being the issuance of a permit to allow construction on a lot that does not have access to a public street. Mr. Girlando has already obtained an easement from the NJDEP to allow both lots to be accessed through NJDEP land. This easement is currently on the Governor’s desk to be signed. Mr. Girlando has repaved the easement area already in order to accommodate emergency vehicle access to the properties. Mr. Girlando also stated that he will be responsible for maintaining the road and will prepare agreement stating same.

Mr. Graham showed a color depiction of the property (Exhibit A1) which is encumbered by wetlands and flood zone. Mr. Graham also showed a fire truck exhibit (A2) to demonstrate how emergency vehicles would access the properties and turn around and still stay within the easement area. Mr. Valente stated it is currently not possible to access because of water and grading.

Mr. Stoner read his report dated October 8th and stated he would like a description of the 20' easement area to obtain variance for improved roadway, an updated plan with the LOI number and to include the NJDEP information. Building height will be a maximum of 35 feet. Mr. Stoner also stated there should be a vehicle turnaround area. Mr. Graham said they could pave another area if need be. The septics are in and are based on 4 bedroom homes.

Ms. Caldwell asked about removing vegetation and it was discussed that there would be trimming of branches only, no tree clearing.

Mr. Spoerl asked for clarification of the maintenance agreement—the agreement shall state that the road maintenance responsibility will run with the land, not with the ownership.

Meeting was open to the public.

No one from the public wished to speak.

Meeting was closed to the public.

Motion: A motion that the application be accepted was made by Mayor Marotta, with the condition that the easement was approved by the Governor. Mr. Rolando seconded the motion. ROLL CALL: MAROTTA - Y, WEXLER - Y, RIZZUTO - Y, THEOBALD - Y, SPOERL - Y, PALADINI - Y, ROLANDO - Y, NIEVES - Y. Passed.

LU# 6-15-6: National Winter Activity Center - Block 192.02, Lot 19 & 25, - Amended Final Site Plan

Mr. Rolando stepped down.

Deborah Nicholson, attorney for the applicant, stated that her client would not be present, but read a letter from her client, Mr. Maillet.

Ms. Nicholson stated they were seeking an amendment to final site plan approval because of the changes that were made. Because of safety concerns, the upper driveway will not be used for loading and unloading; buses will load and unload in the lower lot. The need for lighting will now be less and the building will now only need to be one floor. The cap will be 150 participants per session with a maximum of 6 buses.

Ms. Nicholson also stated they are seeking a waiver of resolution so they can pour concrete on the following Monday in order to make the January 2nd deadline.

Mayor Marotta instructed Ms. Nicholson to advise her client that his behavior did not sit well with the mayor and that the town had thus far been accommodating to all their requests, but putting this kind of pressure on the board was not acceptable.

Ms. Erin Abline of Suburban Consulting came forward and was sworn in. Ms. Abline showed the board and professionals a comparison layout with the changes (exhibit A1, which has not been previously submitted) and reiterated the changes Ms. Nicholson had stated earlier. Ms. Abline also added that all of the original proposed uses would now be at the lodge and the new proposal will have 10 bus spaces. They will only be improving the existing lot and replacing steps so that participants can get up to the lodge from the lower lot. Hours of operation will be til 9 p.m. They will be using LED lights and provide shielding. Lights will be directed downward and toward slope so as not to adversely affect the neighbors. A night test will be part of the approval.

The issue of storm water collection was a major concern. Mr. Stoner stated the new plan has more curbing for more direct collection and it needs to be tied into Breakneck Road drainage system. The water needs to be slowed down so as not to wash out the road as has happened previously. Mr. Stoner said they need to remove the asphalt burm in the lower lot as well.

Ms. Caldwell raised the issue reaffirming the design waiver for parking and asked about handicap access. A shuttle van will transport handicapped participants to the upper lot from the lower area.

Mr. Matthew Buyer, project manager/designer was sworn in.

Mr. Buyer discussed the changes on the building as shown on the rendered exterior elevation labeled A802. There is no more walkout basement, no more windows on the one side of building, signs are all the same size. Same finishes as before that have been approved. The footprint of the building is the same but the square footage has changed because it is now only one story. Building is 18' tall.

Mr. Stoner stated there needs to be something to break up the blank wall (Image #4) at the “Y” and more buffering vegetation. Visibility from road and surrounding area is very limited because of the existing grading and trees/vegetation.

Meeting was open to the public.

Ira Weiner, 7 Curtis Drive, was sworn in. Mr. Weiner discussed his concerns regarding noise from unloading and loading of participants, back up beepers and grooming equipment being a top priority. Mr. Weiner wants a statement in the resolution that grooming will take place during the day when possible.

Meeting was closed to the public.

Motion: A motion was made by Mayor Marotta to approve the above application as it’s been submitted with the following language added: Whenever possible, grooming will take place during the day, on the days when the facility is not operational, and to do the area closest to Mr Weiner’s house first as early as possible during the day. Beepers will be operated at the lowest decibels possible according to OSHA standards. (Subject to final approval of the board engineer). Ms. Paladini seconded the motion.

After much discussion among the board and professionals, it was determined that we do not need a developer’s agreement; an amended resolution and site plan will be sufficient. ROLL CALL: MAROTTA -Y, WEXLER -Y, RIZZUTO -Y, THEOBALD -Y, SPOERL-Y, PALADINI -Y, NIEVES -Y Passed.

Motion: A motion was made by Mr. Spoerl to approve a waiver of resolution for the building permits requirement for the pouring of footings ONLY. Ms. Wexler seconded the motion. ROLL CALL: MAROTTA -Y, WEXLER -Y, RIZZUTO -Y, THEOBALD -Y, SPOERL-Y, PALADINI -Y, NIEVES -Y Passed.

Attorney Kienz will have the resolution prepared by October 28th.

Resolutions

LU# 6-15-5: MNA Vernon Realty, LLC - Block 141, Lot 10.02, 10.04, & 10.05, - Preliminary Site Plan with Variances for a Taco Bell Restaurant

Motion: Mr. Theobald made a motion to approve the above resolution. Mr. Nieves seconded the motion. ROLL CALL: RIZZUTO - Y, THEOBALD - Y, PALADINI - Y, ROLANDO - Y, NIEVES - Y Passed.

LU# 6-15-7: Joel Schlesinger - Block 20, Lot 22.10, - Variance for a Pool and Cabana within the Front Yard

Motion: Ms. Paladini made a motion to approve the above resolution. Ms. Wexler seconded the motion. ROLL CALL: WEXLER - Y, RIZZUTO - Y, THEOBALD - Y, PALADINI - Y, ROLANDO - Y, NIEVES - Y. Passed.

LU# 6-15-8: Wilson Facility Management Services - Block 232, Lot 17 & 17.01, - Preliminary and Final Site Plan with Variances for Asphalt Maintenance Offices, Maintenance Facilities for Its Own Equipment and Outdoor Storage of Equipment

Motion: Mr. Theobald made a motion to approve the above resolution. Mr. Nieves seconded the motion. ROLL CALL: WEXLER - Y, THEOBALD - Y, PALADINI - Y, ROLANDO- Y, NIEVES - Y Passed.

LU# 10-14-7: Daniel & Margaret Borstad - Block 231, Lot 26 & 27, - Lot Line Relocation - Request for Extension of Approval

Motion: Mr. Nieves made a motion to approve the above resolution. Ms. Wexler seconded the motion. ROLL CALL: WEXLER - Y, RIZZUTO - Y, THEOBALD - Y, PALADINI - Y, ROLANDO - Y, NIEVES - Y. Passed.

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

None

Minutes

September 9, 2015: Regular Meeting Minutes (Wexler, Rizzuto, Theobald, Cocula, Paladini, Rolando, Nieves, Raperto)

Motion: Ms. Paladini made a motion to approve the 9/9/15 minutes. Ms. Wexler seconded the motion. ROLL CALL: WEXLER - Y, RIZZUTO - Y, THEOBALD - Y, PALADINI - Y, ROLANDO - Y, NIEVES - 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 8/12/15 ($544.00)
      2. First Hartford: LU# 5-14-4 - Services through 8/27/15 ($901.50)
      3. MNA Vernon Realty: LU# 6-15-5 - Services through 8/12/15 ($528.00)
      4. National Winter Act.: LU# 6-15-6 - Services through 8/17/15 ($1,184.00)
      5. Wilson Facility Mang.: LU# 6-15-8 - Services through 8/12/15 ($224.00)
      6. Sandra Kreutzer: LU# 7-15-9 - Services through 8/14/15 ($384.00)
      7. Daniel Borstad: LU# 10-14-7 - Services through 8/17/15 ($320.00)
   2. Board Planner: Jessica Caldwell, J. Caldwell & Associates
      1. Land Use Board Business: Services through 8/12/15 ($402.50)
      2. MNA Vernon Realty: LU# 6-15-5 - Services through 8/12/15 ($2,041.25)
      3. National Winter Act.: LU# 6-15-6 - Services through 8/12/15 ($230.00)
      4. Wilson Facility Mang.: LU# 6-15-8 - Services through 8/27/15 ($1,322.50)
      5. Sandra Kreutzer: LU# 7-15-9 - Services through 8/7/15 ($287.50)
   3. Board Engineer: Cory Stoner, Harold E. Pellow & Associates
      1. Land Use Board Business: Services through 8/12/15 ($367.50)
      2. Land Use Board Business: Services through 9/24/15 ($490.00)
      3. Wilson Facility Mang.: LU# 6-15-8 - Services through 8/19/15 ($1,215.13)
      4. Wilson Facility Mang.: LU# 6-15-8 - Services through 9/11/15 ($781.63)
      5. MNA Vernon Realty: LU# 6-15-5 - Services through 8/12/15 ($612.50)
      6. MNA Vernon Realty: LU# 6-15-5 - Services through 9/8/15 ($908.88)
      7. First Hartford: LU# 5-14-4 - Services through 8/26/15 ($520.63)
      8. First Hartford: LU# 5-14-4 - Services through 9/16/15 ($685.00)
      9. Daniel Borstad: LU# 10-14-7 - Services through 9/10/15 ($115.50)
      10. National Winter Act.: LU# 6-15-6 - Services through 9/8/15 ($867.13)
      11. Joel Schlesinger: LU# 6-15-7 - Services through 9/8/15 ($123.13)
      12. Advanced Self Storage: LU# 10-12-13 - Services through 9/10/15 ($66.00)
   4. Board Recording Secretary: Colleen Ragnetti - ($52.50)

Motion: Mayor Marotta made a motion to approve the board fees. Mr. Nieves seconded the motion. All were in favor.

2. Request for Escrows to be Closed
   1. None

Adjournment

Motion: A motion was made by Mayor Marotta to adjourn the meeting. Ms. Paladini seconded the motion. Meeting was adjourned at 9:09 p.m. All were in favor.

These minutes were transcribed by Carole Baksa on October 20, 2015.