Call to Order

Meeting was called to order by Chairman Theobald at 7:10 p.m. in the Vernon Municipal Building.

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 13, 2020 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.

Roll Call    Also Present
Mayor’s Designee Diane Wexler NP   Louis I. Karp, Board Attorney
Craig Williams P   Cory Stoner, Board Engineer
Councilmember Auberger P   Kimberley Decker, Board Secretary
Martin Theobald P    
Richard Spoerl NP    
Willard McPeek NP    
Andrea Cocula P    
Michael Whitaker P    
Kristi Raperto NP    
Kelly Mitchell Alternate #1 P    
Joseph Tadrick Alternate #2 NP    
Paul Mele Alternate #3 NP    
Mark Vizzini Alternate #4 NP    

Public Participation

Chairman Theobald opened the meeting to the public.

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

Minutes

July 8, 2020 - Regular Meeting Minutes (Wexler, Williams, McPeek, Cocula, Whitaker, Mele, Theobald)

Motion: Motion was made by Ms. Cocula to approve regular minutes of July 8, 2020 and was seconded by Mr. Williams.

ROLL CALL: WILLIAMS: Y; COCULA: Y; WHITAKER: Y; THEOBALD: 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 - Services through 6/12/20 ($64.00)
    2. Board Planner: Jessica Caldwell, J. Caldwell & Associates
      1. Land Use Board Business - Services through 6/17/20 ($93.75)
      2. For Love of Mud - LU# 5-20-2 - Services through 5/29/20 ($562.50)
    3. Board Engineer: Cory Stoner, Harold E. Pellow & Associates
      1. Land Use Board Business - Services through 5/13/20 ($65.00)
      2. Mountain Creek Update - PB# 2-91-4 - Services through 5/12/20 ($195.00)
      3. Diamond Communications - LU# 10-18-7 - Services through 5/22/20 ($422.50)
    4. Board Recording Secretary: Irene Mills ($75.00)

Motion: Motion was made by Mr. Auberger to approve fees to be paid and was seconded by Ms. Cocula. All members were in favor. Motion passed.

  1. Request for Escrows to Be Closed
    1. Chairman Theobald read into record a request for escrow to be closed for LU#1-19-1 - Walter Lenartowicz ($433.00)

Motion: Motion was made by Mr. Williams to approve escrow to be closed and was 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 - 2019 Recommendations

Motion: Motion was made by Ms. Cocula to approve annual update for 2019 recommendations and was seconded by Mr. Whitaker. All members were in favor. Motion passed.

Public Hearings

LU# 10-19-8 - SUEZ Water New Jersey Inc. - Block: 78, Lot: 1, - Minor Site Plan and Bulk Variance for a Proposed Storage Container

Attorney Craig Bossong, Florio, Perrucci & Steinhardt, came forward on behalf of Suez Water NJ Inc to continue testimony from December 2019 land use board meeting for minor site plan and bulk variance approval for a proposed storage container on Block 78 Lot 1. Attorney Bossong stated the applicant has redesigned the projected plans based on the recommendations from the board, residents, and lake association by creating a standalone structure more aesthetically pleasing for the area. He noted additional light shields will be installed, fewer trucks will be parked on site eliminating traffic concerns and if parked, trucks will be backed in preventing early morning backup noises. Attorney Bossong stated two red maple trees will be added to improve landscaping aesthetics for neighborhood.

Attorney Roger Thomas, Dolan & Dolan acknowledged his presence at meeting on behalf of Barry Lakes Association.

Jeffrey Barton, licensed architect and planner, Manahawkin, NJ was sworn in on behalf of Suez Water NJ, Inc. and presented Exhibit A-1 and Exhibit A-2 both dated July 8, 2020. Exhibits showed revised floor plans and rendering of proposed 20' x 40' stick frame wood structure similar to a garage on a concrete foundation with gable asphalt shingled roof and siding. Mr. Barton stated as a professional designer and registered planner, the inherent use is a required service for the community and the proposed project in no way detracts from the Vernon land use ordinance nor has any detrimental impacts to the neighborhood.

Mr. Williams questioned what utilities will be installed in new structure and is square footage the same. Mr. Barton explained utilities will be underground and will be finalized when building plans are submitted. Square footage has been increased from 640 sq. ft to 800 sq. ft to accommodate the larger doors needed in the revised structure.

Mr. Stoner questioned how many lights will be used, if new structure will be heated, and if electricity from existing well house will be run underground to provide service. Mr. Barton stated electricity will be underground from existing well house, lights will be turned on manually as needed inside of building and no decision has been made to provide heating yet.

Mr. Stoner explained the application meets the setbacks and height requirements but requires variance approval as ordinance allows an accessory structure to be only 60% of primary structure and the proposed accessory structure is twice the size of existing well house.

Mr. Stephen Donati, CP Engineers, Sparta came forward in place of engineer Dave Clark, and was sworn in to testify on behalf of Suez Water NJ, Inc. He stated the additional two red maple trees to be planted will be 6-7' tall. Mr. Stoner noted tree size on plans should be in calibers and the revision needs to be made to reflect addition of two 2 1/2 - 3" caliber trees. Mr. Donati stated the light shields have already been installed and will be adjusted as needed in winter months when foliage is absent. He added structure will be used for storage of supplies and no vehicles will be parked inside. Board members had no further questions.

Chairman Theobald opened the application to the public for comments.

Attorney Roger Thomas, Dolan & Dolan on behalf of Barry Lakes Association came forward and acknowledged the applicant did meet with the association to discuss issues raised. He noted the applicant has agreed to add light shields, improve landscaping to improve aesthetics and agreed to reduce backup signal noise from trucks in early morning times. Attorney Thomas requests all conditions testified by applicant be included in the resolution and that no certificate of occupancy be issued until they are met.

Attorney Bossong stated the applicant is agreeable to all conditions brought forward by attorney Thomas. Mr. Stoner explained he must approve of site plan before moving forward with plans.

Seeing no one further wishing to come forward, Chairman Theobald closed the application to the public for comments.

Motion: A motion was made to approve the minor site plan and variance for LU #10-19-8 with all conditions as expressed by Mr. Williams and seconded by Ms. Cocula.

ROLL CALL: WILLIAMS: Y; AUBERGER: Y; COCULA: Y; WHITAKER: Y; MITCHELL: Y; THEOBALD: Y.
Motion passed.

Adjournment

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

Meeting was adjourned at 7:47 p.m.

Respectfully Submitted
Irene Mills, Recording Secretary