Minutes: June 13, 2018

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, 2018 by delivering to the press such notice and posting same at the municipal building.

Salute to the Flag

Chairman Theobald led the assemblage of the flag.

Mr. Tombalakian announced that Mr. McPeek stated he was unable to attend the meeting and that Mr. Auberger and Mr. Kadish are unable to hear application because it is a use variance. Mr. Theobald also stated he was stepping down from the application

LU# 6-15-8: Wilson Facility Management Services, LLC, Block 232 Lot 17.01- Final Site Plan for an Asphalt Maintenance Business

Mr. Ira Weiner, attorney for applicant came forward and explained there are six conditions in the preliminary resolution that were changed due to issues during construction and need waivers from the board for final approval. First, the fencing approved around the equipment storage area was not constructed to allow easier access while moving the equipment. Mr. Weiner circulated photos showing area where equipment is stored so board could visualize lack of space needed to maneuver equipment if fencing were installed. Two photos circulated to board members were labeled A-1 showing area where fencing has been eliminated and A-2 showing entryway of business off Rudetown Road. Mr. Weiner explained the second waiver of approval needed is the location of the trash enclosure due to ease of pickup by waste company which now is more visible in front of property. Thirdly, a waiver is requested for requirement of fencing on property line of the neighbor to left. Mr. Weiner read and circulated a letter from the next-door neighbor stating they do not want a fence on the edge of the property but landscaping instead and requested waiver from the board.

In the preliminary approval, the board required creation of a waste soil area which Mr. Weiner stated is not needed for this type of business thus waiver is needed to eliminate area. Handicap striping in the parking lot needed to be resized and relocated for compliance and Mr. Weiner stated applicant will follow all building codes as required.

Mr. Stoner stated the landscaping was not identified on the plans and recommends board require applicant to add exact locations of trees and landscaping on plans. Mr. Weiner explained that preliminary approval included Lot 17.01 and Lot 17 but noted that final approval is being requested for Lot 17.01 only. Lot 17 is being kept for future expansion or for other new development.

Mr. Tombalakian opened application to the public and seeing no one coming forward, application was closed.

A motion to approve LU#6-15-8 per testimony provided was made by Ms. Cocula and seconded by Mr. Williams. Mr. Tombalakian added stipulation that taxes are not currently paid on property.

ROLL CALL: WILLIAMS: Y; COCULA: Y; ROLANDO: Y, RAPERTO: Y; WHIATKER: Y; MITCHELL: Y; ERICHSEN: Y.
Motion passed.

Chairman Theobald and Mr. Auberger returned to the meeting.

Public Participation

Chairman Theobald opened the meeting to the public.

Eric Card came forward to discuss zoning ordinance #300-171 (9) for accessory structures and opined that requirements are discriminatory to lake community properties. Mr. Card objected to the rule that the size of the accessory structure can have maximum size no greater that 1000 sq. ft. or 60% of footprint of principal structure whichever is less. Mr. Card further objects to need to apply for variance which could cost thousands of dollars above cost of improvement. He recommended that the ordinance be changed to be 60% of total sq. footage of principal structure since he is being taxed of the total size.

Mr. Stoner explained that the ordinance was written for the whole town and all zones and impossible to create one for everyone. Mr. Theobald explained to Mr. Card that individuals can apply to the land use board of adjustment for a variance but only township council can change the ordinance. Mr. Tombalakian further explained when one applies for a variance, evidence must be presented to show that a hardship is faced, and property is difficult to comply with township ordinances, not being a substantial burden to neighbors or a great deviation of zoning in area. He added that a homeowner is not required to be represented by an attorney but is required to provide variance map and survey and follow notice requirements. Ms. Decker added that if improvement is over 150 sq. ft., a variance map is required. Mr. Theobald estimated costs for Mr. Card to be under $2,000.00 to come to the board of adjustment. Mr. Stoner noted there haven’t been many variances granted warranting a recommendation to the council for an amendment to the zoning ordinance.

Seeing no more members of the public wishing to come forward, meeting was closed to the public.

Resolutions

LU# 2-18-1: Hotel Resort Condo Council c/o Comet Management - Block 199.08, Lot 100, - Site Plan with Use and Bulk Variances to Place LED Signs with Scrolling Capability in the Area of Two Guard Houses

Motion: A motion was made to approve Resolution LU# 2-18-1 by Ms. Cocula and seconded by Mr. Rolando.

ROLL CALL: WILLIAMS: Y; COCULA: Y; ROLANDO: Y; RAPERTO: Y; WHITAKER: Y.
Motion passed.

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

Land Use Board Application, Checklist and Fees

Mr. Stoner explained that he and Ms. Decker saw the need to update the existing land use applications and consolidate the checklists for ease and have provided drafts to all the members for review. He added that any recommendation in fee changes by the land use board for the applications needs to be approved by the township council to be enforceable. Mr. Stoner commented that the escrow fee amounts needed to be increased to ensure enough was in place should applications need additional professional services and noted at completion that any balance is returned to the applicant.

Motion: A motion was made to approve revised application, fees and checklist by Ms. Cocula and seconded by Mr. Whitaker.
All members voted in favor. Motion passed.

Amended fee changes will be sent to the township council for approval to revision of the township code.

Soil Fill Ordinance (Major Application)

Mr. Stoner stated the township council has approved the soil fill ordinance which directs all major applications, over 500 cubic yards, to be sent to the land use board for approval. The ordinance will monitor or control projects involving soil fill to determine source of material, location to be filled, and if fill causes any drainage problems or hardship to residents. Mr. Stoner added the ordinance contains exemptions including: land use board applications, new construction, septic construction, storage of materials, agricultural uses, or projects having Sussex County Soil Conservation District permits or active in a state mandated cleanup plan.

Mr. Stoner explained the major application is being sent to the land use board not because it is in the zoning ordinance but because the board is familiar in hearing development applications, applicants are required to notice those within 200 ft., and the public can hear testimony on the application.

Mr. Stoner explained the main concern of the public is the source of the soil and if it is clean fill. The ordinance requires supporting documentation certifying the source and quality of material and the major application will allow the engineer to visually inspect the material for any prohibited material such as asphalt or cement. Mr. Stoner noted that if the land use board should have any recommendations for changes to the ordinance, concerns can be brought back to the council.

Chairperson Theobald questioned if any other towns have a soil fill ordinance. Mr. Stoner said he is not aware of any in Sussex County, but knows that West Milford does have one. He added that the soil ordinance is enforced by the zoning office who can issue violations or summons. Mr. Tombalakian added that the applicant who provides the certificate as proof of clean soil and did so willfully false can be prosecutable.

Chairperson Theobald opened the meeting to the public on said discussion item, there being no one wishing to come forward, closed meeting to the public. Land use board members agreed there were no suggestions at this time to send to the council regarding the soil fill ordinance.

Minutes

May 23, 2018: Regular Meeting Minutes (Williams, Spoerl, McPeek, Cocula, Rolando, Raperto, Whitaker)

Motion: A motion was made to approve Minutes of May 23, 2018 by Ms. Cocula and seconded by Mr. Whitaker.
ROLL CALL: WILLIAMS: Y; COCULA: Y; ROLANDO: Y; RAPERTO: Y; WHITAKER: Y.
Motion passed.

Appendix A: Escrows, Board Fees, Bond Reductions and Escrow Closures

1. Board Fees
   1. Board Attorney: Glenn Kienz, Weiner Law Group LLP
      1. Land Use Board Business: ($0)
   2. Board Planner: Jessica Caldwell, J. Caldwell & Associates
      1. Land Use Board Business: Services through 5/23/18 ($172.50)
      2. NWAC: LU# 3-18-3 - Services through 5/3/18 ($60.00)
      3. Hotel Resort Condo: LU# 2-18-1 - Services through 5/18/18 ($420.00)
      4. Wilson Facility: LU# 6-15-8 - Services through 5/4/18 ($300.00)
   3. Board Engineer: Cory Stoner, Harold E. Pellow & Associates
      1. Land Use Board Business: ($0)
   4. Board Recording Secretary: Irene Mills ($37.50)

Ms. Cocula commented that the RT 515 gas station has not fully completed all the requirements of their recent land use board decision. Ms. Decker explained that the zoning officer can issue violations for non-compliance and if not done summons can be sent to appear in court before the judge. Ms. Cocula commented that the board works with the many commercial businesses in their requests but then are not followed through causing further enforcement by zoning. Mr. Stoner added the RT 94 Exxon station also has not completed all their requirements yet, but has been in contact and compliance should be forthcoming.

Adjournment

There being no further items of business to be conducted on the agenda, a motion was made by Mr. Williams and was seconded by Ms. Cocula. All members were in favor.

Meeting was adjourned at 8:14 p.m.

Respectfully Submitted
Irene Mills
Recording Secretary