Minutes: April 13, 2022

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 17, 2022, by delivering to the press such notice and posting same at the Municipal Building.

Salute to the Flag

Chairman Theobald led the Assemblage to the flag.

Record reflects Mr. Spoerl and Mr. Tadrick notified the Board of their absence.

Public Hearings

LU# 3-22-3 - Raymond Little - Block 12, Lot 11, - Front Yard Variance for a Single-Family Residence

Robert Jordan, Professional Surveyor and Ruthann Little came forward and were sworn in to testify on behalf of application. Mr. Stoner stated applicant needs to provide testimony as to variance requested; correction that property lies in Highlands Preservation Area; and statement for relief being sought as well as alternatives considered noting any positive or negative criteria. Mr. Stoner recommended Board grant waivers for purpose of hearing application.

Mr. Jordan explained application is for a Front yard setback variance to construct a single-family house in the R1 zone where 75 ft is required but 43.6 ft is proposed. The lot size is .97 acres which was conforming when created by subdivision in 1972 but was changed to 5-acre minimum and should be considered as a grandfathered existing lot. Mr. Jordan stated proposed setback is conforming to surrounding neighborhood properties others being 43 ft and 38 ft. Mr. Jordan explained due to hardship of topography of site, proposed house was located to conform with neighborhood as well as to provide handicap accessibility for owner. He noted, included in application, were prior approvals from Sussex County Health Department for well and septic installation as well as Soil Conservation approval.

Mr. Jordan explained setbacks cannot be met due to the topography of site causing hardships. Ms. Caldwell per report of April 5, 2022, stated site is an existing undersized lot for zone therefore needing variance for setback relief. She explained the Board can weigh the presented testimony to determine if proposal is a better zoning alternative for the public good.

Mr. Stoner questioned how the drainage of the lot will be addressed since Board applications do not require the standard Lot Development Application. Mr. Jordan stated George Gloede, Engineer, prepared the stormwater control plan on the site plan design. Mr. Stoner noted since no driveway profile was submitted, review and approval of driveway design per Township Ordinance, including drain for stormwater runoff, must be condition set for approval. Also, he noted, should proposed retaining walls exceed 4 feet, Construction Official and Engineering approvals will be required.

Board members had no further questions.

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

Mr. Stoner explained site is located in Highlands Preservation Area requiring Highlands Exemption which the Township Engineer or Planner can provide review as application meets criteria of Exemption #2 due to site existed as of Aug 1, 2004 and is less than one acre.

Motion: Motion to Approve LU# 3-22-3 with conditions as testified was made by Ms. Cocula and was seconded by Mr. Williams.

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

LU# 3-22-4 - ABDD III, LLC - Block 391, Lot 4, - Minor Site Plan for Site Improvements Including Signs, Fence, Parking Lot Repairs and New Menu Board

Ms. Madeline Fajardo, Esq. from firm of Harris Ackerman on behalf of Craig Feldman came forward for applicant, for minor site plan and variance approval at existing Dunkin donuts, 301 RT 94, Block 391 Lot 4 in the Town Center zone. Ms. Fajardo explained application includes various exterior site improvements to improve overall appearance with no changes to size of building.

Mr. Stoner explained there are numerous waivers requested which he recommended can be waived at this time in order to proceed with hearing. Board voted in the affirmative to proceed with hearing.

Ms. Cynthia Falls, Architect with GK & A Architects, 36 Ames Ave. Rutherford, NJ came forward and was sworn in and provided statement of qualifications. Board members qualified Ms. Falls and recognized her as expert witness for application. Mr. Jeff Stuart, Executive Vice President of Operations was sworn in to testify on behalf of application.

Ms. Falls presented and described three Exhibits not previously submitted: Exhibit#A1-Aerial of existing conditions; Exhibit #A2 - Drawing of Elevations; and Exhibit #A3 - Additional site photos.

Ms. Falls stated her firm has prepared the drawings of over 1500 new and remodeled Dunkin restaurants in various counties in New Jersey and along the East Coast. The application is part of a two-phase improvement with exterior and interior remodel plan changing business name/logo to 'Dunkin' while improving the aesthetics and operations. Ms. Falls described rendering of site which is in the Town Center District and stated proposed application improvements will remove the front awning and install new building signs, directional signs and drive thru sign requiring variances. The menu board will be upgraded with static led lighting and modern technology. Ms. Falls stated applicant will update the fencing along the back of property with fiber wood tone fencing to improve aesthetics. She added the existing cardboard dumpster, per the Township Engineers' report is unable to be relocated but noted all recyclables will now be sorted by hauler.

Ms. Falls explained due to condition of parking lot, applicant will mill, and pave entire lot for ADA compliance and number of spaces will remain meeting the Ordinance requirements. Mr. Stoner explained a loading zone must be designated and striped.

Mr. Jeff Stuart came forward and stated he oversees 45 Dunkin restaurants and describes the new design will improve speed of drive-thru and inside sales as well as improve aesthetics. He noted additional signage will be installed for loading zone per Engineer's request.

Ms. Falls explained the proposed menu board will be smaller than existing but more efficient with more features to use mobile apps. Mr. Stuart added inside improvements include new kiosks to increase order speed with designated pick-up areas, improved backroom layout and ADA compliant bathrooms.

Ms. Falls described proposed signage per Sheet 4.0 submitted including new branding 'Dunkin,' 'Vernon Runs on Dunkin' and monolith 'DD' signs. Variances will be required per Township Ordinance per Township Planner's report due to size and number of signs proposed. Ms. Falls added after awning is removed, minor repairs may be required due to water damage, but applicant will match existing colors as best as possible.

Mr. Stoner stated conditions of approval include site plan drawing designating trash enclosure with hatch striping in front; no parking allowed in front per previous approval to maintain flow; milling, paving, and striping of entire lot and additional landscaping should be added to improve aesthetics. Final As-built sealed survey will be submitted on completion of improvements.

Ms. Caldwell stated variances are needed for proposed signage for size and location and noted that led lighting meets standards but must be shielded downward.

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

Ms. Falls respectfully requests the waivers be granted and minor site application with variances be approved in order to make needed improvements to the operations and aesthetics of the Vernon Dunkin.'

Attorney Tombalakian stated application is a C-2 variance and applicant has testified the benefits of increased visibility and better service outweigh any detriments. Conditions include all recommendations by Township professionals.

Motion: Motion to Approve LU# 3-22-4 with conditions as testified was made by Mr. Auberger and was seconded by Ms. Cocula.

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

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.

Resolutions

PB# 2-91-4 - Mountain Creek - Master Plan Update

Eligible to vote: Auberger, McPeek, Cocula, Haley, Mele, Spoerl

Motion: Motion to Approve Resolution LU# 2-91-4 was made by Mr. Auberger and was seconded by Ms. Cocula.

ROLL CALL: AUBERGER: Y; MCPEEK: Y; COCULA: Y; HALEY: Y; MELE: Y.
Motion passed

LU# 11-21-10 - Snow Creek LLC - Block 378, Lot 20, - Minor Site Plan to Resurface the Existing Parking Lot and Add an Automated Gate and Booth

Eligible to vote: Auberger, McPeek, Cocula, Haley, Mele, Spoerl

Motion: Motion to Approve Resolution LU# 11-21-10 was made by Mr. Auberger and was seconded by Mr. Mele.

ROLL CALL: AUBERGER: Y; MCPEEK: Y; COCULA: Y; HALEY: Y; MELE: Y.
Motion passed

Minutes

March 23, 2022 - Regular Meeting Minutes (Auberger, McPeek, Cocula, Haley, Mele, Spoerl)

Motion: Motion to Approve Regular Minutes of March 23, 2022 was made by Mr. Mele and was seconded by Mr. Auberger.

ROLL CALL: AUBERGER: Y; MCPEEK: Y; COCULA: Y; HALEY: Y; MELE: 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 3/23/22 ($260.00)
      2. HM GG - LU# 8-21-7 - Services through 3/17/22 ($260.00)
      3. Snow Creek - LU# 11-21-10 - Services through 3/4/22 ($455.00)
      4. Mountain Creek - PB# 2-91-4 - Services through 3/4/21 ($390.00)
   3. Board Engineer: Cory Stoner, Harold E. Pellow & Associates
      1. Land Use Board Business - Services through 2/9/22 ($195.00)
      2. Theodore Renka - LU# 12-21-10 - Services through 2/23/22 ($681.50)
      3. Snow Creek - LU# 11-21-10 - Services through 2/22/22 ($78.38)
      4. Suez Water NJ - LU# 7-21-6 - Services through 2/4/22 ($884.00)
      5. Mountain Creek - PB# 2-91-4 - Services through 2/17/21 ($135.00)
   4. Board Recording Secretary: Irene Mills ($75.00)

Motion: Motion to Approve Payment of Fees was made by Ms. Cocula and was seconded by Mr. Mele. Board members were all in favor. Motion passed.

2. Request for Escrows to Be Closed
   1. Chairman Theobald read into record request for Release of Escrow for Colonial Developers in amount of $3,000.00.

Motion: Motion to Approve Release of Escrow was made by Ms. Cocula and was seconded by Mr. Williams. Board members were all in favor. Motion passed.

Adjournment

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

Meeting was adjourned at 8:07 p.m.

Respectfully Submitted
Irene Mills, Recording Secretary