Minutes: March 9, 2016

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 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 Mr. Tadrick and Ms. Paladini had notified the board that they would not be present. Mayor Shortway and Councilmember Murphy were present but had stepped down.

Public Participation

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

Close Meeting to the Public

Public Hearings

LU# 2-16-1: Cellco Partnership d/b/a Verizon Wireless - Block 22, Lot 8.01, - Conditional Use Site Plan and Use Variance to Construct a Small Network Node Wireless Communications Facility

Attorney Mr. Mike Green came forward on behalf of his client, Verizon Wireless and briefly outlined the application.

Mr. Thomas Molnar, engineer for the applicants, came forward and was sworn in. Mr. Molnar discussed information from plans that were previously submitted to the board (sheets Z2 - Z5) in which it shows the 4 antennas proposed; 1 GPS antenna, 2 rooftop antennas and 1 flush mount to be installed on the side of the gymnasium building. Mr. Molnar testified that they already had approval from the state board of education.

Ms. Caldwell discussed that as a condition of approval they would need to get a Highlands exemption. Mr. Stoner reviewed several waivers that the applicant is seeking and was comfortable with the completeness, as was the board.

Board Attorney Mr. Kienz stated for the record that since most or all of the board were probably Verizon customers we would be invoking the rule of necessity on this application.

Mr. Molnar testified that all equipment was to be kept in a utility room on the second floor of the high school, which the Verizon technicians would have 24/7 access to, due to the nature of the equipment. During school hours, they would need to follow the security protocols in place by VTHS. There will be no generator, but there will be a generator plug in the event of a power outage and the equipment will be metered separately from the high school. It was also discussed that there would be traffic pads for the roof to protect the structural integrity and that the antennas could be painted to blend in with the site.

Mr. David Karlebach, professional planner for the applicant, came forward and was sworn in. Mr. Karlebach discussed the reasons why this application was in compliance with the conditional use criteria and met negative criteria as well.

Motion: Mr. Rolando made a motion to approve the above application. Ms. Cocula seconded the motion. ROLL CALL: WEXLER: Y, THEOBALD: Y, SPOERL: Y, COCULA: Y, ROLANDO: Y, HACK: Y, WHITAKER: Y. Passed.

Resolutions

LU# 11-15-13: Lake Community Property Owners Association - Block 100.07, Lot 16, Minor Subdivision with Variances

Motion: Mr. Spoerl made a motion to approve the above resolution. Ms. Cocula seconded the motion. ROLL CALL: THEOBALD: Y, SPOERL: Y, COCULA: Y, ROLANDO: Y, HACK: Y, WHITAKER: Y. Passed.

Minutes

January 13, 2016: Reorganization Minutes

Motion: Mr. Theobald made a motion to approve the above minutes. Mr. Spoerl seconded the motion. ROLL CALL: WEXLER: Y, THEOBALD: Y, SPOERL: Y, COCULA: Y, ROLANDO: Y. Passed.

February 10, 2016: Regular Meeting Minutes

Motion: Mr. Spoerl made a motion to approve the above minutes. Ms. Wexler seconded the motion. ROLL CALL: WEXLER: Y, THEOBALD: Y, SPOERL: Y, COCULA: Y, ROLANDO: Y, HACK: 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 1/13/16 ($496.00)
      2. Vernon Valley Reserve: LU# 11-15-12 - Services through 1/13/16 ($2,112.00)
      3. First Hartford Realty: LU# 5-14-4 - Services through 9/14/15 ($768.00)
   2. Board Planner: Jessica Caldwell, J. Caldwell & Associates
      1. Land Use Board Business: ($0)
      2. Vernon Valley Reserve: LU# 11-15-12 - Services through 1/8/16 ($936.00)
   3. Board Engineer: Cory Stoner, Harold E. Pellow & Associates
      1. Land Use Board Business: Services through 1/13/16 ($375.00)
      2. First Hartford Realty: LU# 5-14-4 - Services through 1/13/16 ($1,474.25)
      3. National Winter Act.: LU# 6-15-6 - Services through 1/15/16 ($2,901.25)
      4. Vernon Valley Reserve: LU# 11-15-12 - Services through 1/5/16 ($281.25)
      5. Wilson Facility Mang.: LU# 6-15-8 - Services through 1/26/16 ($875.00)
      6. Lake Community Asso.: LU# 11-15-13 - Services through 1/5/16 ($187.50)
   4. Board Recording Secretary: Carole Baksa - ($30.00)

Mr. Theobald asked the board if all members had reviewed the bills and were in favor. All were in favor. Passed.

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

Ms. Wexler discussed that she believes the board needs to be more vigilant with the progress of the National Winter Activity Center, particularly in regard to the wall, the position of the snowmaking machines and soil conservation issues. Mr. Stoner and members of the building department will be visiting the site to check on compliance by the applicant.

Adjournment

A motion was made by Ms. Cocula to adjourn the meeting and seconded by Mr. Nieves. All were in favor. Meeting was adjourned at 7:42 p.m.

These minutes were transcribed by Carole Baksa on March 12, 2016.