Minutes August 24, 2022

 

VERNON TOWNSHIP LAND USE BOARD

REGULAR MEETING MINUTES

August 24, 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.

Roll Call

Mayor’s Designee John Auberger	NP
Craig Williams	NP
Councilmember Brian Lynch	P
Martin Theobald	P
Richard Spoerl	P
Willard McPeek	P
Andrea Cocula	P
Michael Whitaker	P

Jacquelin Haley	P
Kelly Mitchell Alternate #1	NP
Joseph Tadrick   Alternate #2	P
Paul Mele Alternate #3	P
Mark Vizzini Alternate #4	NP

                                                                                          

Also Present:

Steve Tombalakian, Board Attorney

Jessica Caldwell, Board Planner

Kimberley Decker, Board Secretary

Chairman Theobald stated Members Vizzini, Mitchell and Auberger notified the Board of their absence.

 

Public Hearings

 

• Area in need of Redevelopment Study – Block 525, Lot 19, - 161 New Jersey Route 94

Board Planner, Jessica Caldwell came forward and presented report dated August 4, 2022 on Area in Need of Redevelopment Study for Block 525 Lot 19, 161 RT 94.  She stated the Township Council approved Resolution #22-159 asking the Land Use Board to study the area noted as a Non-Condemnation Area in Need of Redevelopment pursuant to the Local Redevelopment and Housing Law.  Ms. Caldwell explained the 2.8-acre parcel if designated will provide Governing Body power to redevelop but not through condemnation.  The governing body in 2006 approved redevelopment zones in Town Center, Mountain Creek Resort and McAfee Village areas but did not include this specific area for unknown reasons leaving it surrounded by a mixed-use redevelopment zone. 

Ms. Caldwell stated review of the area in need for Redevelopment met Criterion “C’ as vacant land for long period of at least ten years, topography having steep slopes making potential lack of access onto Route 94 and with location on curve on RT 94 having poor sight distance.  She added property would not be developed without assistance and redevelopment could give Township tools to promote development. 

Ms. Caldwell stated review found the area also met Criterion “H” for Smart Growth due to being located in the Town Center zone, near the McAfee Village zone and within the Sewer Service area.   Ms. Caldwell also found the parcel met the Criterion in Section#3 of Redevelopment Law that the land or improvements are not detrimental to public safety and inclusion is necessary for effectiveness of Redevelopment in the area. 

Ms. Caldwell stated that as Board Planner, she recommends the Land Use Board make recommendation to the Governing Body that the parcel at Block 525 Lot 19 be included in the Redevelopment Area.

Board members questioned who owns the parcel and if the parcel is not developable due to steep slopes and lack of access, why should Board recommend redevelopment.  Ms. Caldwell explained parcel is privately owned and that while there are issues with the parcel by itself, there are greater abilities to develop when combined with surrounding parcels already in a Redevelopment area.  Ms. Caldwell added having adjacent parcels in different zones is not good planning sense for development and if Board did not recommend this, the area could continue to stay vacant.  She added prior Planning included random lots not contiguous areas making difficult for development.

Chairman Theobald opened the Meeting to the Public. Seeing no one wishing to come forward Chairman Theobald closed the Meeting to the Public. 

Attorney Tombalakian stated the Land Use Board is asked to provide Recommendation of the Area of Block 525 Lot 19, subject to Board Planner’s report and testimony, as an Area in Need of Redevelopment per Criterion “C”, “H” and section 3 per Local Housing and Redevelopment Law.

 

Motion: Motion to Approve Recommendation to the Township Council was made by Mr. Spoerl and was seconded by Mr. Mele.

ROLL CALL: LYNCH: Y; SPOERL: Y; MCPEEK: Y; COCULA: Y; WHITAKER: Y; HALEY: Y; TADRICK: Y; MELE: 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

LU# 6-22-7 – Andrew Pilgrim – Block 448, Lot 23, - Bulk Variance for a Proposed Covered Front Porch within the Front Yard Setback

Eligible to vote: Auberger, Williams, McPeek, Cocula, Whitaker, Haley, Mele, Theobald

Motion: Motion to Approve Resolution for LU# 6-22-7 was made by Ms. Cocula and was seconded by Mr. Mele.

ROLL CALL:  MCPEEK: Y; COCULA: Y; WHITAKER: Y; HALEY: Y; MELE: Y; THEOBALD: Y.

Motion Passed.

            

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

 

• Vernon Township Comprehensive Farmland Preservation Plan

Board Planner Jessica Caldwell came forward to present draft Farmland Preservation Plan for the Board’s review.  She explained that Sussex County has adopted a Farmland Preservation Plan, but it is better for a municipality to adopt it’s own Plan unique and specific to parcels designated to be in conformance with the State Planning Incentive Grant Program.  Ms. Caldwell explained the vision for the Farmland Preservation Plan is to identify locations of preserved farms, identify areas with ideal soils and areas targeted for preservation overtime.  The Plan when adopted will give Vernon Township opportunities should grants become available for farm easements.

Ms. Caldwell explained the Farmland Preservation Plan will be adopted as an element of the Master Plan and requested the Land Use Board Members review the Plan and any questions can be answered at Public Hearing. Ms. Caldwell added the Land Conservancy is currently working on the Open Space Preservation Plan for Vernon Township which should be brought before the Land Use Board at same meeting.  Board Members recommended the Land Conservancy be given the Farmland Preservation Plan for review.

No Board action was taken.

Minutes

 

• August 10, 2022 – Regular Meeting Minutes (Auberger, Williams, McPeek, Cocula, Whitaker, Haley, Mele, Theobald)

Motion: Motion to Approve the Minutes of August 10, 2022 was made by Ms. Cocula and was seconded by Mr. Whitaker.

ROLL CALL:  MCPEEK: Y; COCULA: Y; WHITAKER: Y; HALEY: Y; MELE: Y; THEOBALD: Y.

Motion Passed.

Appendix A – escrows, board fees, bond reductions and escrow closure

 

   escrows, board fees and bond reductions

A. Board Fees

 

1. Board Attorney – Glenn Kienz, Weiner Law Group LLP

• Land Use Board Business – Services Through 7/13/22 ($320.00)

• HM GG Development – LU# 8-21-7– Services Through 7/19/22 ($245.50)
• John Kelly – LU# 6-22-6 – Services Through 7/14/22 ($470.50)
• Glenwood Management – ZB# 4-06-6 – Services Through 7/20/22 ($406.50)
• Andrew Pilgrim – LU# 6-22-7 – Services Through 7/01/22 ($45.00)

   2.      Board Planner – Jessica Caldwell, J. Caldwell & Associates

• Land Use Board Business – ($0)

• Andrew Pilgrim – LU# 6-22-7 – Services Through 7/1/22 ($260.00)
• John Kelly – LU# 6-22-6 – Services Through 7/13/22 ($572.50)
• HM GG – LU# 8-21-7 – Services Through 7/29/22 ($2,585.00)

   3.     Board Engineer – Cory Stoner, Harold E. Pellow & Associates

• Land Use Board Business – Services Through ($0)

• Theodore Renka – LU# 12-21-10 – Services Through 6/6/22 ($48.35)

4. Board Recording Secretary – Irene Mills ($75.00)

Motion: Motion to Approve Payment of Fees was made by Mr. Mele and was seconded by Ms. Cocula.  Board Members were All in Favor.  Motion Passed.

Council Member Lynch stated he will be unable to attend September 14, 2022 Land Use Board meeting due to other commitment.

Adjournment

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

Meeting was adjourned at 7:31 p.m.

Respectfully Submitted                       

Irene Mills, Recording Secretary