Minutes: December 13, 2017

Call to Order

Meeting was called to order by Chairman Theobald at 7:00 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 16, 2017 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

Chairman Theobald led the assemblage of the flag.

Chairman Theobald announced that Mayor Shortway, Mr. Tadrick and Ms. Cocula informed the board they would be unable to attend meeting tonight.

Public Hearings

LU#7-17-3: Aqua New Jersey Inc. - Block 230.21, Lot 26 - Preliminary and Final Site Plan with Variances to Construct an Above Ground Water Storage Tank to Replace an Existing Underground Water Storage Tank

Mr. Kienz announced to the public that the Applicant for LU#7-17-3 Aqua New Jersey Inc. - Block 230.21, Lot 26 - Preliminary and Final Site Plan with Variances to construct an above ground water storage tank to replace an existing underground water storage tank has requested to be carried to the January 10, 2018 land use board meeting with no further notice required. He added the board will change order of agenda and conduct board business prior to second public hearing.

Resolutions

LU# 9-17-5: Paul Dinger & Lisa Kaminski - Block 207.11, Lot 28, - Variance to Construct an Addition within the Front Yard Setback

Motion: A motion was made to approve Resolution LU# 9-17-5 by Ms. Paladini and seconded by Mr. Whitaker

ROLL CALL: AUBERGER: Y, THEOBALD: Y; ROLANDO: Y, PALADINI: Y, MCPEEK: Y; WHITAKER: Y.
Motion passed.

Minutes

October 11, 2017: Regular Meeting Minutes (Auberger, Theobald, Spoerl, Cocula, Rolando, Paladini, McPeek)

Motion: A motion was made to approve the above minutes by Ms. Cocula and seconded by Mr. Auberger.

ROLL CALL: AUBERGER: Y, THEOBALD: Y; SPOERL: Y; COCULAZ: Y; ROLANDO: Y, PALADINI: Y, MCPEEK: Y.
Motion 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 9/6/17 ($128.00)
      2. Land Use Board Business: Services through 9/13/17 ($400.00)
      3. Land Use Board Business: Services through 10/11/17 ($320.00)
      4. Paul Dinger: LU# 9-17-5 - Services through 9/18/17 ($45.00)
      5. Paul Dinger: LU# 9-17-5 - Services through 10/27/17 ($384.00)
      6. Aqua NJ, LLC: LU# 7-17-3 - Services through 9/19/17 ($816.00)
      7. Aqua NJ, LLC: LU# 7-17-3 - Services through 10/27/17 ($304.00)
      8. NWAC: LU# 11-16-11 - Services through 9/21/17 ($32.00)
   2. Board Planner: Jessica Caldwell, J. Caldwell & Associates
      1. Land Use Board Business: Services through 10/11/17 ($297.25)
      2. Land Use Board Business: Services through 11/30/17 ($1,219.50)
      3. Paul Dinger: LU# 9-17-5 - Services through 10/3/17 ($119.00)
   3. Board Engineer: Cory Stoner, Harold E. Pellow & Associates
      1. Land Use Board Business: Services through 10/11/17 ($250.00)
      2. Land Use Board Business: Services through 9/13/17 ($312.50)
      3. NWAC: LU# 11-16-11 - Services through 9/20/17 ($399.55)
      4. NWAC: LU# 11-16-11 - Services through 10/3/17 ($125.00)
      5. NWAC: LU# 11-16-12 - Services through 9/20/17 ($462.05)
      6. Aqua NJ, LLC: LU# 7-17-3-A - Services through 10/11/17 ($216.09)
      7. Aqua NJ, LLC: LU# 7-17-3-A - Services through 9/13/17 ($731.50)
      8. Aqua NJ, LLC: LU# 7-17-3-B - Services through 10/11/17 ($187.50)
      9. Aqua NJ, LLC: LU# 7-17-3-B - Services through 9/13/17 ($731.50)
      10. HM GG LLC: LU# 1-17-1 - Services through 9/8/17 ($48.50)
      11. Kaching: LU# 10-16-9 - Services through 9/18/17 ($125.00)
   4. Board Recording Secretary: Irene Mills ($75.00)

Motion: A motion was made to approve the fees listed above by Ms. Cocula and was seconded by Mr. Spoerl. All members were in favor. Motion passed.

2. Request for Escrows to Be Closed
   1. LU# 12-07-19: SES Americom, Inc. - Block 180, Lot 25.01, - Site Plan with Use Variance for an Antenna ($553.30)
   2. Co-Location #13-02: Sprint Wireless - Block 268, Lot 65, - Equipment Upgrades ($550.00)
   3. Co-Location #13-03: Sprint Wireless - Block 190, Lot 20.04, - Equipment Upgrades ($550.00)
   4. ZB# 5-07-4: Nextel - Block 268, Lot 65, - Modify Antennas on Existing Facility ($421.80)
   5. ZB# 5-07-5: Nextel - Block 190, Lot 20.08 - Modify Antennas on Existing Facility ($992.30)

Motion: A motion was made to approve the fees listed above by Ms. Cocula and was seconded by Ms. Paladini. All members were in favor. Motion passed.

Public Hearings

LU# 7-16-5: Waheguru Gas, LLC - Block 145, Lot 1.02, - Continuation of Application for Proposed Overall Existing Sign Identification

James Opfer, attorney on behalf of the applicant, came forward to testify specific conditions in a letter received from board engineer. Tyler VanDerValk, licensed engineer for applicant, was sworn in to testify on proposed sign locations for the application.

Mr. VanDerValk described a submitted plan, revised date of 7-12-2017, which is color coded to show current signs on site, notes removal of signs and proposed location of any new signs. The existing signs to remain are #1 the freestanding pylon sign, #2 an A-frame sign advertising U-Haul services, #12 maintenance garage ID sign, #14 window ATM sign, #28 and 29 gas pump signs on top and bottom which variances will be needed, #36, 38 & 42 window signs which are existing but will need a variance to remain. Proposed also are 4 Delta signs, 12 sf. each located on the two canopies. He continued stating various signs are located on the gas pumps, propane cage or vacuum system are not regulated but required by state statute and are necessary to operate as industry standard. Mr. VanDerValk stated there are 21 existing signs, labeled in red, which are being removed from the site, for example cigarette ads and additional advertising that are unnecessary.

Mr. Stoner confirmed variances are needed for the A-frame U-Haul sign as well as the canopy signs. Regarding the window garage door signs, Mr. Stoner expressed concern over amount. Mr. VanDerValk distributed picture of garage signs, labeled Exhibit A-1, to board members and questioned if individual signs on window panes acted as one sign or as 12 and if they may be kept permanently with variance.

Mr. Stoner added that variances will also be needed for DELTA signs on the gas pumps facade and the existing pylon sign as they are non-conforming. He added there are 17 additional signs requested which are not permitted but incidental to use of garage and service station and will not require a variance.

Owner Manji Bajwa, was sworn in to testify that the pylon sign was installed on site 4-5 years ago and lettering has been updated with zoning officer’s approval. Mr. Stoner explained to the board that the applicant has been operating with a temporary C.O. because all conditions to obtain a permanent have not yet been met. Board members discussed the issue of excessive signs in windows and Mr. Kienz added the applicant must follow the town center sign ordinance. Mr. Theobald stated that the board members agreed that the signage in the windows is too much as proposed and that the A-frame U-Haul sign is acceptable.

Mr. Stoner addressed the parking on right side of building and required landscaping with applicant. Mr. Opfer explained there is one spot on right side of building, but no parking allowed on the right side in front of building and added landscaping and striping will be added to prevent unauthorized parking.

Chairman Theobald opened the meeting to the public. Seeing no one wishing to come forward, Chairman Theobald closed the meeting to the public.

Mr. Kienz summarized variances or conditions requested from the applicant as follows: pylon sign; A-frame U-Haul sign; DELTA signs on gas pumps; window signs would be limited to six; canopy signs allowed; parking for one car permitted on south side of building with landscaping behind; striping will be done in front of south side area and lighting required all per engineer’s standards and testimony presented. All items will be completed by June 1, 2018 with no further extension of time and if not completed, subject to violation or penalty.

A motion was made by Ms. Cocula per attorney’s summary and was seconded by Mr. Auberger.

ROLL CALL: SPOERL: Y, COCULA: Y; ROLANDO: Y, PALADINI: Y; MCPEEK: Y; WHITAKER: Y.
Motion passed.

Public Participation

Chairman Theobald opened the meeting to public for items other than those listed on the agenda. Seeing no one wishing to come forward, meeting was closed to the public.

Adjournment

Seeing no more board business, a motion was made by Mr. Spoerl and was seconded by Mr. Auberger. All members were in favor.

Meeting was adjourned at 8:13 p.m.

Respectfully Submitted
Irene Mills
Recording Secretary