Minutes: May 11, 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

Public Hearings

LU# 9-15-11: Philip Girlando - Block 194.05, Lot 14, - Request for Extension of Time for a Minor Subdivision

Mr. Girlando was sworn in and requested an extension of time due to the NJDEP easement and deed paperwork that needed to be filed and approved. The board agreed to grant a six month extension of time.

Open to the Public

No one from the public wished to speak.

Closed to the Public

Motion: A motion was made by Ms. Cocula and seconded by Ms. Wexler to approve the extension of time for Mr. Girlando. ROLL CALL: Shortway: Y, Wexler: Y, Murphy: Y, Theobald: Y, Spoerl: Y, Tadrick: Y, Cocula: Y, Rolando: Y, Paladini: Y. Passed.

LU# 4-16-3: Andrew Borisuk - Block 91, Lot 1.18, - Minor Subdivision

Attorney James Opfer came forward with his client, Mr. Borisuk who was sworn in by the board attorney. Mr. Borisuk is interested in subdividing his lots to sell a portion (lots 1.19 and 1.18 approximately 11 acres total) and wishes to retain lots 1.21 (the proposed new lot) for farming and 1.20, which is 22 acres of preserved land. After much discussion, it was determined that the lots that Mr. Borisuk would like to sell are not buildable lots but they are developable for agricultural purposes only at the current time. Because of this, Mr. Borisuk requested waivers for such items as soil logs, permeability tests, delineation of environmentally sensitive areas, etc. (anything that pertained to building on the property) with which Mr. Stoner agreed. Mr Stoner then read a letter that was received late this afternoon from the environmental commission opposing all said waivers and that studies be conducted prior to granting approval of the application.

One of the main concerns was the 300 foot buffer for Wawayanda Creek and if a new buyer could build on the land. It was discussed that perhaps there could be deed restrictions on the property to prevent new buyers from building or any construction on that property would provide proof that they meet NJDEP regulations as well as the town regulations before construction permits could be issued.

Motion: A motion was made by Mr. Spoerl and seconded by Ms. Cocula deeming the application complete and granting the waivers requested. ROLL CALL: Shortway: Y, Wexler: Y, Murphy: Y, Theobald: Y, Spoerl: Y, Tadrick: Y, Cocula: Y, Rolando: Y, Paladini: Y. Passed.

Open to the Public

Ms. Doreen Edwards of the environmental commission came forward and was sworn in. Ms. Edwards reiterated the concerns expressed in the letter that was read earlier.

Closed to the Public

Motion: A motion was made by Ms. Cocula and seconded by Mr.Tadrick to approve application with the stipulation that all lots will meet NJDEP requirements for further development and also that neither lot will be developed for residential dwelling purposes unless they come back before the board. Maps and deeds also need to be updated. ROLL CALL: Shortway: Y, Wexler: Y, Murphy: Y, Theobald: Y, Spoerl: Y, Tadrick: Y, Cocula: Y, Rolando: Y, Paladini: Y. Passed.

LU# 4-16-4: Robert Baldwin - Block 141, Lot 12.06, - Minor Site Plan and Use Variance for a Canopy Over the Existing Fuel Pumps

Mayor Shortway, Councilmember Murphy and Ms. Raperto stepped down.

Attorney Jim Opfer came forward with his client, Mr. Baldwin, who was sworn in. This application is for a 36' x 24' canopy to be constructed for safety, better lighting and aesthetic purposes.

Motion: A motion was made by Mr. Spoerl and seconded by Ms. Paladini to grant the waivers and deem application complete. ROLL CALL: Wexler: Y, Theobald: Y, Spoerl: Y, Tadrick: Y, Cocula: Y, Rolando: Y, Paladini: Y. Passed.

Mr. Opfer offered exhibits 1, 1A, 2, and 3 showing renderings of proposed canopy and lighting. The new lighting will be recessed and less obtrusive than what is currently in use. There will be one sign with the stipulation that it not exceed 40 sq. ft. and it will be internally lit. Mr. Stoner requested that a structural engineer certify that the foundation is appropriate for the project.

Open to the Public

No one from the public wished to speak.

Closed to the Public

Motion: A motion was made by Ms. Paladini and seconded by Ms. Wexler to approve the above application. ROLL CALL: Wexler: Y, Theobald: Y, Spoerl: Y, Tadrick: Y, Cocula: Y, Rolando: Y, Paladini: Y. Passed.

Mr. Baldwin requested a waiver of the reading of a resolution in order to obtain building permits immediately.

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

Public Participation

Open Meeting to the Public

No one from the public wished to speak.

Close Meeting to the Public

Resolutions

PB# 8-05-9: James Lombardo - Block 145, Lot 1.01, - Request for Extension of Time for Final Site Plan Approval with Variances to Develop a Two-Story Structure along with Related Site Improvements

Motion: A motion was made by Mr. Spoerl and seconded by Ms. Cocula to approve the above resolution. ROLL CALL: Theobald: Y, Spoerl: Y, Cocula: Y, Rolando: Y, Paladini: Y, Nieves: Y. Passed.

Minutes

April 27, 2016: Regular Meeting Minutes

Motion: A motion was made by Ms. Paladini and seconded by Mr. Nieves to approve the above minutes. ROLL CALL: Theobald: Y, Spoerl: Y, Tadrick: Y, Cocula: Y, Rolando: Y, Paladini: Y, Nieves: Y. Passed.

Ordinances

Ordinance 16-11: Creating a Historic Designation for the Veteran’s Cemetery

First reading was approved by council. Need motion to send it for 2nd reading.

Motion: A motion was made by Ms. Cocula and seconded by Ms. Paladini to send the ordinance to Council for 2nd reading. All were in favor. Passed.

Mr. Stoner brought up the new Land Use Board Applications and their corresponding fees, which were briefly discussed. Mr. Stoner passed out documentation to board members to be discussed at a later date.

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: ($0)
   2. Board Planner: Jessica Caldwell, J. Caldwell & Associates
      1. Land Use Board Business: Services through 4/15/16 ($234.00)
      2. Robert Baldwin: LU# 4-16-4 - Services through 4/22/16 ($468.00)
   3. Board Engineer: Cory Stoner, Harold E. Pellow & Associates
      1. Land Use Board Business: ($0)
   4. Board Recording Secretary: Carole Baksa - ($45.00)

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

2. Request for Escrows to Be Closed
   1. LU# 4-15-3: Daniel Kadish - Block 32, Lot 7, Subdivision with Variances - Request for Escrow to Be Released ($288.75)

Motion: A motion was made by Ms. Paladini and seconded by Ms. Wexler to close the above escrow account. All were in favor. Passed.

Adjournment

Motion: A motion was made by Mr. Tadrick and seconded by Ms. Wexler to adjourn the meeting. All were in favor. Passed.

Meeting was adjourned at 8:37 p.m.

These minutes were transcribed by Carole Baksa on May 18, 2016