Minutes December 14, 2022

 

VERNON TOWNSHIP LAND USE BOARD

REGULAR MEETING MINUTES

December 14, 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	P
Craig Williams	P
Councilmember Brian Lynch	NP
Martin Theobald	P
Richard Spoerl	P
Willard McPeek	P
Andrea Cocula	P
Michael Whitaker	P

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

 Also Present:

Steve Tombalakian, Board Attorney

Allison Kopsco, Board Planner

Kimberley Decker, Board Secretary

      

Chairman Theobald stated Member Lynch notified the Board of his absence. Land Use Board Member Tadrick has submitted letter of resignation due to being appointed to the Town Council.  Chairman Theobald requested letter be sent to him thanking for his service and time on the Board.

 

Chairman Theobald stepped down from the Public Hearing due to conflict. Vice Chairman Spoerl took over chairing the meeting.

Public Hearings

 

LU# 12-19-10 – Martin Theobald – Block 57, Lots 4 & 5, - Request for Extension of Time of Minor Subdivision Approval

 

Mr. Martin Theobald came forward for application and was sworn in by Board Attorney.  Mr. Theobald stated application received approval by Land Use Board in 2019 and he is still waiting for Sussex County approval in order to finalize recording of subdivision deeds.  He added that he has provided all requested information to the County and is waiting on their response.  Mr. Theobald requested an additional extension of one-hundred eighty (180) days for time to receive County approval and record the deeds.

Vice Chairman Spoerl opened the hearing to the Public.  Seeing no one wishing to come forward, Vice Chairman Spoerl closed the hearing to the Public.

Motion: Motion to Approve extension of 180 days for LU#12-19-10 was made by Mr. Auberger and was seconded by Mr. Williams.

ROLL CALL: AUBERGER: Y; WILLIAMS: Y; SPOERL: Y; MCPEEK: Y; COCULA: Y; WHITAKER: Y; HALEY: Y; MITCHELL: Y.

Motion Passed.

 

Vice Chairman Spoerl stepped down from chairing the meeting.  Chairman Theobald returned to chair meeting.

 

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# 9-22-9 – Vernon Township Police Athletic League, Inc. – Block 395, Lot 4, - Preliminary and Final Site Plan to remove the existing pavilion and construct an 80 x 120-foot recreational building containing an indoor field

     

Motion: Motion to Approve the Resolution for LU #9-22-9 was made by Mr. Spoerl and was seconded by Ms. Cocula.

ROLL CALL: WILLIAMS: Y; SPOERL: Y; COCULA: Y; WHITAKER: Y; HALEY: Y; MITCHELL: Y.

Motion Passed.

   

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

 

          ORDINANCE #22-24 – ORDINANCE APPROVING TOWN CENTER REDEVELOPMENT PLAN AMENDMENT TO ADD BLOCK 391, LOT 11 TO THE TCLI OVERLAY ZONE AND TO PERMIT OUTDOOR STORAGE WITH BUFFERING IN THE TCI

Board Planner Kopsco stated ordinance #22-24 is an amendment to add Block 391 Lot 11 to the Town Center Light Industrial Overlay Zone and to permit outdoor storage as an accessory use with buffering or screening.  She noted a typo on page 10 of the Plan, Item #2 where sentence involving fence height should be the word maximum and not minimum. Attorney Tombalakian noted the Land Use Board needs to decide whether ordinance is consistent with the Master Plan and the Council will need to decide whether word change will require amendment to be re-introduced.

Board discussed location noted in Ordinance is occupied by F.W. Webb previously Master Plumbing Supply and per tax records is owned by Vintage Clothes, LLC which will be confirmed for accuracy by Planner.  Attorney Tombalakian noted Overlay Plan is being revised because owner went before Town Council and requested outdoor storage to be allowed at site requiring Amendment to Redevelopment Plan.  Attorney Tombalakian stated Land Use Board is asked to decide if proposal is consistent or inconsistent with the Master Plan.

   

Motion: Motion that Ordinance #22-24 is consistent with the Master Plan was made by Mr. Williams and was seconded by Mr. Auberger.

ROLL CALL: AUBERGER: Y; WILLIAMS: Y; SPOERL: Y; MCPEEK: Y; COCULA: Y; WHITAKER: Y; HALEY: Y; MITCHELL: Y; THEOBALD: Y.

Motion Passed.

 

Minutes

 

• November 9, 2022 – Regular Meeting Minutes (Williams, Lynch, Spoerl, Cocula, Whitaker, Haley, Mitchell, Theobald)

Motion: Motion to Approve the Minutes of November 9, 2022 was made by Ms. Cocula and was seconded by Mr. Spoerl.  Board Members were All in Favor. 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 10/12/22 ($320.00)

• LU# 8-21-7 – HM GG Development – Services Through 10/31/22 ($112.43)
• LU# 9-22-9 – Vernon PAL – Services Through 10/27/22 ($22.50)
• LU# 3-22-2 – Waheguru Gas – Services Through 10/12/22 ($272.00)

 

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

• Land Use Board Business – Services Through 10/12/22 ($260.00)

• LU# 9-22-9 – Vernon PAL – Services Through 11/9/22 ($125.00)
• LU# 3-22-2 – Waheguru Gas – Services Through 10/3/22 ($325.00)

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

• Land Use Board Business – Services Through 10/7/22 ($67.50)

• LU# 3-22-2 – Waheguru Gas – Services Through 101/12/22 ($1,084.25)

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. Spoerl. Board Members were All in Favor.  Motion Passed.

B. Request for Escrows to be closed

 

LU# 8-11-15 – KDC Solar, LLC – Block 270, Lot 11, - Major Site Plan for ground-mounted solar panels ($356.64)

LU# 6-22-7 – Andrew Pilgrim – Block 448, Lot 23, - Front Yard Variance for a Deck ($576.50)

LU# 3-22-4 – ABDD III, LLC – Block 391, Lot 4, - Site Plan for Dunkin ($1,616.75)

LU# 6-19-6 – Christopher Newsome – Block 263, Lot 4, - Major Soil Fill Application ($117.00)

LU# 2-18-1 – Hotel Resort Condo Council – Block 199.08, Lot 100, - Variance for Signs ($23.00)

LU# 11-19-9 – William Brown –Block 58, Lot 2, - Concept Meeting ($240.00)

ZB# 10-99-27 – Boz Electrical Contractor – Block 310, Lot 2, - Variance for Antennas

($771.35)

LU# 10-18-8 – The Land Conservancy of New Jersey – Block 24, Lot 2, - Minor Subdivision ($14.30)

LU# 5-18-4 – Vernon Rest 12267 LLC – Block 406, Lot 5, - Remodel Burger King ($975.80)

Motion: Motion to Approve Release of Escrows was made by Mr. Whitaker 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, a motion to adjourn meeting was made by Mr. Auberger and was seconded by Mr. Williams.  All members were in favor.

Meeting was adjourned at 7:23 p.m.

Respectfully Submitted                       

Irene Mills, Recording Secretary