Minutes: May 10, 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.

Mayor Shortway and Councilmember Ooms were unable to hear the use application and are not present as they are not able to participate. Mr. Spoerl and Mr. Tadrick notified the board secretary of their absences as well.

Public Hearings

LU# 4-17-2: Fred Decker & Son - Block 140, Lot 1.01, - Use Variance and Site Plan to Construct a Masonry Garage Addition

Mr. James Opfer came forward for the applicant and described the proposed addition in the application. Mr. Kienz stated the board and himself discovered today there was a prior use variance granted for this property in 1996 and also zone changes from I-2 to C2 and opines this application is to expand the accessory activities on this site. Ms. Caldwell agrees that application will be a D-1 Use Variance.

Mr. Brian Decker was sworn in to testify this application is for construction of a 36' x 75' garage addition at 7 Vernon Crossing, Block 140 Lot 1.01 in a C-2 zone with no additional imposition on lot coverage. Ms. Caldwell approves completeness of application and Mr. Stoner notes in his report there are 7 waivers requested and he approved of the request and deems the application complete which was accepted by the board. Mr. Decker testified the building would be 106' from Vernon Crossing Road and connected to existing building and principal use is for area to repair trucks and park trucks. He adds that an addition was approved in 1996 but never built and there will be no extra employees added and outside noise will be reduced. The site is bordered by the Sussex County Garage, Auto Tire Store, Laundromat, Motor Cycle Shop and Heating & Cooling Business and across Vernon Crossing Road are two residences and Smokey’s restaurant.

Mr. Opfer described architectural renderings showing new vinyl siding with cultured stone and new roof connecting to existing buildings. Mr. Stoner questions other uses on the property and floor plan of inside. Mr. Decker states the building has an open floor plan with no office space but may add a large truck lift in the future. Ms. Caldwell explained this application is a use variance, with no expansion of business or traffic and will reduce noise benefitting the public.

Mr. Theobald opened the meeting to the public and seeing no one wishing to come forward closed the meeting to the public.

Motion: A motion was made by Ms. Cocula and was seconded by Mr. Rolando to approve a site plan with D-1 Use Variance to construct a masonry garage addition subject to Sussex County Planning Board approval.

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

PB# 8-07-9: Kirk Stephens - Block 182, Lots 12.01 & 12.02, - Minor Subdivision Easement Revision

Mr. Bernd Hefele, attorney for applicant explains in 2007, this parcel was subdivided in 2 lots and the deeds were prepared with a municipal drainage easement that was not defined. The present owner has applied for farmland preservation but is required by NJDEP to have definitive drainage easement lines. Mr. Hefele states the owner is coming to the board for easement revision to put parameters on municipal drainage easement. Mr. Kirk Stephens is sworn in and testifies that Mr. Hefele’s statements are accurate. Mr. Stoner explains the subdivision deeds terminology gives the town the right to discharge from Sandhill and Drew roads onto property due to runoff issues and recommended the owner to come before board for approval of deed change. Mr. Stoner stated he needs to protect the rights of the town while working with Green Acres to change the technicality of the words in the deeds for the applicant. Mr. Kienz adds that applicant is requesting change of previous documents to accomplish goals within the parameters of the approved resolution.

Mr. Theobald asked if any board members had any questions or comments to which there was none.

Mr. Theobald opened the meeting to the public and seeing no one wishing to come forward closed the meeting to the public.

Motion: A motion was made by Ms. Cocula and was seconded by Mr. Auberger to allow the township engineer to work with Green Acres to change the language of the previous 2007 resolution to set delineation of drainage easement while preserving the rights of the township as well as preserve the agricultural rights of the owner.

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

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

Mr. David Wallace, attorney for applicant stated objective is to occupy building as soon as possible after paving is completed and acknowledges bonding requirements for as-built plan exists. Mr. Wallace explained cause for revised landscaping plans due to incorrect gas line location.

Mr. George Gloede, engineer, was sworn in to testify paving and sidewalks must be done before temporary Certificate of Occupancy can be issued but final landscaping and as-built plan can be bonded.

Mr. Doug Cameron, general construction manager, was sworn in and testified that site lights will be installed prior to opening. Mr. Stoner agreed and stated the critical items can be bonded but recommends that the applicant get as much done before opening and recommends Mr. Gloede show all landscaping revisions on revised plans.

Mr. Gloede explained the various changes beginning with an agreement with Mr. Baldwin, neighboring property owner, that a large spruce tree be removed and replaced with other landscaping and a berm and in the drive through entrance; the trench drain now has two catch basins. The dumpster enclosure was enlarged from 12 sq. ft. to 18 sq. ft. for easier access. The street lights were moved behind the sidewalk because of the gas line location change. The handicap parking space was enlarged due to building code lowering number of spaces from 31 to 30 which is still over the minimum required. The water company required a hot box in front of the property to run electric, and trees on bordering board of education property were relocated for easy access should the gas line need repair. Mr. Stoner and Mr. Theobald suggested that the historical society, the adjacent tenant to the applicant, work together to decide acceptable landscaping plan including shrubs. Mr. Cameron stated the applicant planted more on the parcel than what was required.

Mr. Kienz explained the performance guarantee will need council approval and Mr. Stoner will need all final plans prior to it going before council.

Mr. Theobald opens the meeting to the public and seeing no one wishing to come forward closes the meeting to the public.

Mr. Theobald questions why the sidewalk is so high and Mr. Gloede explains it has not been paved yet and will meet state DOT requirements.

Motion: A motion was made by Ms. Cocula and was seconded by Ms. Paladini to approve final site plan subject to Mr. Stoner’s report and based upon the following requirements: post necessary performance guarantee for outstanding requirements, obtain final site plan approval by Sussex County and final inspection approval from NJDOT. Reading of final resolution is waived to obtain a temporary certificate of occupancy

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

Resolutions

LU# 11-16-12: National Winter Activity Center - Block 192.02, Lot 25, - Preliminary/Final Site Plan with Use and Bulk Variances to Construct a Main Lodge Addition

Ms. Paladini questioned why only 37 parking spaces will be lined and not the whole lot. Mr. Stoner explained on a normal day the facility only needs that many and on days with maximum capacity they will not utilize the striped lines but have parking attendants. Ms. Paladini wanted to confirm no parking will occur on top parking lot which Mr. Stoner explained the lot was approved to be used by employees and shuttle buses. Ms. Paladini asked if NWAC submitted a final parking plan. Mr. Stoner said the parking plan was final and the board discussed how the review of special events would occur and by whom. Ms. Decker explained no escrow is received for a zoning permit to pay professionals and therefore the board decided review must be done by the zoning officer based upon conditions set in the resolution.

Ms. Paladini noted a few minor typographical corrections to the resolution.

Motion: A motion to approve the resolution for LU#11-16-12 was made by Mr. Theobald and was seconded by Ms. Cocula.

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

Minutes

April 12, 2017: Regular Meeting Minutes (Auberger, Theobald, Spoerl, Cocula, Rolando, Paladini, McPeek)

Motion: A motion was made to approve the above minutes by Ms. Paladini and seconded by Mr. Auberger. All members were in favor.
Motion passed.

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

Annual Update of N.J.S.A. 40:55d-70.1 - 2016 Recommendations

Board members all voted in favor and moved that no recommendations are needed to be recommended to the township council.

Board Comments

Ms. Paladini commented that public hearings are not taking place when the historic preservation commission (HPC) is recommending a property for historic designation, and that public hearing was always in the historic ordinance. Ms. Caldwell explains the way properties get added into the historic inventory is through township ordinance. After first reading of the ordinance the council refers it to the land use board to make sure it is consistent with the master plan, the second reading of the ordinance is the public hearing when ordinances are noticed, and the property is then added to the historic inventory of the township. Ms. Paladini opined that the township is not doing that and is violating state historic preservation laws. Mr. Kienz stated if further discussion is needed, he will reach out to the municipal attorney.

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 3/8/17 ($544.00)
      2. NWAC: LU# 11-16-11 - Services through 3/9/17 ($448.20)
      3. NWAC: LU# 11-16-12 - Services through 3/21/17 ($128.20)
      4. Cellco/Verizon: LU# 9-16-8 - Services through 3/31/17 ($2,832.00)
      5. HM GG LLC: LU# 1-17-1 - Services through 3/9/17 ($544.00)
   2. Board Planner: Jessica Caldwell, J. Caldwell & Associates
      1. Land Use Board Business: Services through 3/8/17 ($402.50)
      2. NWAC: LU# 11-16-12 - Services through 3/27/17 ($632.50)
      3. HM GG LLC: LU# 1-17-1 - Services through 3/02/17 ($238.00)
   3. Board Engineer: Cory Stoner, Harold E. Pellow & Associates
      1. Land Use Board Business: Services through 3/8/17 ($308.75)
      2. NWAC: LU# 6-15-6 - Services through 3/24/17 ($125.00)
      3. NWAC: LU# 11-16-12 - Services through 3/27/17 ($606.50)
      4. MNA/Taco Bell: LU# 6-15-5 - Services through 3/29/17 ($240.75)
      5. HM GG LLC: LU# 1-17-1 - Services through 3/8/17 ($516.45)
      6. Cellco/Verizon: LU# 9-16-8 - Services through 3/7/17 ($123.50)
   4. Board Recording Secretary: Irene Mills ($52.50)

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

Public Participation

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

Adjournment

Seeing no more board business, a motion was made by Ms. Paladini to adjourn the meeting and was seconded by Mr. Auberger. All members were in favor.

Meeting was adjourned at 8:15 p.m.

Respectfully Submitted
Irene Mills
Recording Secretary