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.
|Roll Call||Also Present|
|Mayor’s Designee John Auberger||P||Steve Tombalakian, Board Attorney|
|Craig Williams||P||Cory Stoner, Board Engineer|
|Councilmember Lynch||NP||Kimberley Decker, Board Secretary|
|Kelly Mitchell Alternate #1||NP|
|Joseph Tadrick Alternate #2||NP|
|Paul Mele Alternate #3||P|
|Mark Vizzini Alternate #4||P|
Record reflects that Mr. Vizzini was administered the Oath of Office prior to meeting. Record reflects Mr. Tadrick, Mr. Lynch and Ms. Mitchell notified the Board of their absence.
Salute to the Flag
Chairman Theobald led the assemblage to the flag.
Chairman Theobald opened the meeting to the public. Seeing no one wishing to come forward, Chairman Theobald closed the meeting to the public.
January 26, 2022 - Regular Meeting Minutes (Williams, Lynch, Spoerl, McPeek, Cocula, Whitaker, Mitchell, Tadrick, Mele)
Motion: Motion to approve regular minutes of January 26, 2022, was made by Ms. Cocula and was seconded by Mr. McPeek. All members were in favor. Motion passed
APPENDIX A - ESCROWS, BOARD FEES, BOND REDUCTIONS AND ESCROW CLOSURE
Appendix A: Escrows, Board Fees, Bond Reductions and Escrow Closures
- Board Fees
- Board Attorney: Glenn Kienz, Weiner Law Group LLP
- Land Use Board Business - ($0)
- Board Planner: Jessica Caldwell, J. Caldwell & Associates
- Land Use Board Business - ($0)
- Board Engineer: Cory Stoner, Harold E. Pellow & Associates
- Land Use Board Business - ($0)
- Board Recording Secretary: Irene Mills ($75.00)
- Board Attorney: Glenn Kienz, Weiner Law Group LLP
Motion: Motion to approve payment of fees was made by Ms. Cocula and was seconded by Mr. Auberger. Board members were all in favor. Motion passed.
- Request for Escrows to Be Closed
- LU# 7-20-3 - CGP Acquisitions & Development, LLC - Block 406 Lot 7 ($1,450.50)
Motion: Motion to Approve Release of Escrows was made by Mr. Williams and was seconded by Mr. Spoerl. Board Members were All in Favor. Motion Passed.
LU# 7-21-6 - SUEZ Water of New Jersey - Installation of a generator at various sites to provide power to the existing public water utilities
Mr. Mark Peck, Attorney from Florio, Perrucci Law firm came forward on behalf of applicant SUEZ Water of New Jersey and stated applicant is requesting minor site plan approval for installation of emergency generators at six sites within Vernon Township to provide power to existing water utilities. Per Township Engineer's report, applicant is requesting numerous waivers for completeness. Mr. Stoner stated due to the nature of the site plan and having no site improvements being proposed except for generator installation, he recommends all items (listed a-r) in Report be waived in order to proceed with hearing. Mr. Williams noted that waiver request (i) #16 noted there are no water bodies near proposed sites but in fact the Highland Lakes site is adjacent to a waterway. Mr. Stoner stated the Board can address specific site issues during hearing. All board members approved all waivers at this time to begin hearing.
David Clark, Engineer for applicant explained the application is a minor site plan on six (6) sites with no variance or notice required.
Block 273 Lot 75 Glenwood Pump Station 23 Glen Drive
Block 82A Lot 3 Sammis Wellhouse 80 Sammis Road
Block 470 Lot 19 Island Road Wellhouse 132 Island Road
Block 487 Lot 20 Lake Conway Wellhouse 4 Clover Lane
Block 133B Lot 4 Predmore Wellhouse 5 Bethel Court
Block 241 Lot 12 Glenwood Treatment Plant Toboggan Trail
Mr. Stoner added that after review with the Planner and Zoning Officer, the proposed generators are not treated as accessory structures and therefore setback requirements nor variances are applicable.
Mr. John Hildabrant, Manager of Suez Operations, 115 Barry Drive North, Vernon came forward and testified that purpose of application to install emergency generators will provide safer, reliable, and faster service during power outages. Currently if power is out, it may take 2-3 hours for individual to get to each site to set up portable generators. He added the new generators will run on diesel fuel, tested monthly and will automatically turn on and maintain water pressure. Mr. Hildabrant added the system has an alarm system to notify of system failures and noise level will not be heard by adjacent residents.
David Clark, Professional Civil Engineer, 11 Park Lane, Sparta was sworn in and approved by Board to testify for application. Jeffrey Barton, Licensed Architect and Professional Planner, 697 Mill Creek Rd Manahawkin was sworn in and approved by Board to testify for application.
Mr. Clark explained each of the six sites will be presented separately with details on size, location of generator with diesel tank and distance from adjacent property owners.
Glenwood Pump Station located at 23 Glen Drive
Mr. Clark explained location of existing and proposed generator and distance of 32 ft from nearest resident. Generator size is 35 kw with height of 65" and noted that approval was received by the Glenwood Homeowner's Association. He added minor grading will be done and because site is in the Highlands Preservation Area, approval from the Highlands Council under exemption #11 for public Utilities will be sought. Mr. Barton described renderings submitted showing location of generator. Mr. Stoner questioned is fuel propane or diesel. Mr. Glen Bickford, Senior Project Manager was sworn in and testified generators will all run on diesel with larger capacity.
Sammis Wellhouse located at 80 Sammis Road
Mr. Clark explained well house is located between two residences on two easements approximately 51 1/2 ft away from homes. The generator will be 10 kw size, 5'7" high with attached diesel tank. Site located in the R-2 zone will need minor grading and is not in the Highlands Preservation Area. Mr. Clark explained all generators are Level 2 enclosure with low noise level at 64-66 decibels within the insulated box. Mr. Barton described renderings showing existing and new location of the generator.
Island Road Wellhouse located at 132 Island Road
Mr. Clark explained wellhouse is on private right-of-way of Homeowner's Association at end of road, 123 feet from closest residence. There exists a 16' x 30' well facility with generator located behind and site is located in the PLC zone. Mr. Clark stated that proposed generator will be 10 kw, 5 1/2' in height, will need minor site grading and because site is in the Highlands Preservation Area, approval from the Highlands Council under exemption #11 for public Utilities will be sought. Mr. Barton described renderings showing existing and new location of the generator.
Mr. Stoner noted that site is close to lake and questioned what containment system exists in case of fuel spill. Mr. Clark explained the generators are double walled which will maintain the ability to keep integrity of tank and contain a notification system for fuel levels, failures, or intrusions. He added fuel will be delivered by a private professional fuel company. Chairman Theobald suggested a berm be added to concrete pad to protect waterway. Mr. Clark agreed to work with Township Engineer Stoner to design a containment system by way of berm on the concrete pad.
Lake Conway Wellhouse located at 4 Clover Lane
Mr. Clark explained wellhouse is located on cul-de-sac of Clover Lane within the right-of-way and 33.2 ft from closest residence. He added the generator will be 10 kw and 5'5" in height with minor site grading needed. The site is in the PLC Zone and not in the Highlands Preservation Area. Mr. Barton described renderings showing existing and new location of the generator. Chairman Theobald questioned how landscaping is maintained on all sites and suggested additional small bushes be planted to improve aesthetics. Board Members discussed landscaping needs and approved applicant to work with Township Engineer for sites with close proximity to residents.
Predmore Wellhouse located at 5 Bethel Court
Mr. Clark explained wellhouse is located in front of two residences not in the Highland Preservation Area. He added the generator will be 10 kw and 5'5" in height with minor site grading needed primarily for slab installation. Mr. Barton described renderings showing existing and new location of the generator.
Glenwood Treatment Plant located at end of Toboggan Trail
Mr. Clark explained site is at end of Toboggan trail on property owned by SUEZ with access easement provided by the NJDEP and closest residence is 359' away. He added the generator will be 30kw and 67 1/2" in height and noted that approval was received by the Glenwood Homeowner's Association. Mr. Clark added site will need minor grading and because site is in the Highlands Preservation Area, approval from the Highlands Council under exemption #11 for public Utilities will be sought. Mr. Barton described renderings showing existing and new location of the generator.
Ms. Cocula questioned how many SUEZ sites there are in Vernon. Mr. Clark stated there are 35 sites and six included in this application were high priority due to being in areas prone to power outages.
Attorney Tombalakian stated application is to install emergency generators at six sites within Vernon Township with some requiring Highlands exemption which will be processed by Township Engineer Stoner. Applicant agreed to work with Township Engineer Stoner to provide simple shrubbery to sites in close proximity to residences and to construct a berm on Island Road site in the event of a catastrophic spill given close water.
Chairman Theobald opened the hearing to the public. Seeing no one wishing to come forward, Chairman Theobald closed the meeting to the public.
Motion: Motion to approve LU# 7-21-6 was made by Ms. Cocula and was seconded by Mr. Williams.
ROLL CALL: AUBERGER: Y; WILLIAMS: Y; THEOBALD: Y; SPOERL: Y; MCPEEK: Y; COCULA: Y; WHITAKER: Y; MELE: Y; VIZZINI: Y.
Board members discussed changing requirement for applicants to provide full size maps to all Board members to reduce paperwork. Ms. Decker stated that if changes want to be made to application checklist, it will need to go through Township Council for approval. Board decided to draft sample Ordinance to be reviewed and acted at next Land Use Board Meeting.
Land Use Board Discussion Items (Action May or May Not Be Taken)
Ordinance #22-01 - Ordinance of the Township of Vernon, County of Sussex, State of New Jersey, Amending and Supplementing Chapter 330 Entitled "Land Development" Regarding Retail Sales of Legalized Cannabis
Board members discussed Ordinance #22-01, which is an amendment adding words municipal designated to clarify distance between cannabis retail stores and municipal parks. Board reviewed consistency with Master Plan.
Motion: Motion to approve Ordinance #22-01 is consistent with Master Plan was made by Vice Chairman Spoerl and was seconded by Ms. Cocula.
ROLL CALL: AUBERGER: Y; WILLIAMS: N; THEOBALD: Y; SPOERL: Y; MCPEEK: Y; COCULA: Y; WHITAKER: Y; MELE: Y; VIZZINI: Y.
Chairman Theobald noted he will be unable to attend the February 23, 202 Land Use Board Meeting.
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. Williams. All members were in favor.
Meeting was adjourned at 8:23 p.m.
Irene Mills, Recording Secretary