Minutes April 26, 2023

 

VERNON TOWNSHIP LAND USE BOARD

REGULAR MEETING MINUTES

April 26, 2023

 

Call to Order

Meeting was called to order by Vice Chairman Spoerl 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, 2023, by delivering to the press such notice and posting same at the Municipal Building.

Salute to the Flag

Vice Chairman Spoerl led the assemblage of the Flag.

 

Roll Call

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

Jacqueline Haley	P
Kelly Mitchell Alternate #1	P
Mark Heftler   Alternate #2	P
Paul Mele Alternate #3	NP
Mark Vizzini Alternate #4	NP

   

Also Present:

Cory Stoner, Board Engineer

Kimberley Decker, Board Secretary

 

Record shows that Mr. Auberger, Mr. Tadrick, Mr. Theobald, and Mr. Vizzini notified the Board of their absence.

Public Hearings

 

LU# 2-23-4 – Sussex Cultivation, LLC, Block 153, Lot 43 and Block 168, Lots 2, 3 and 4, - Preliminary and Final Site Plan with an Interpretation and Variances for a Cannabis Cultivation Facility

Vice Chairman Spoerl stated a letter was received by the Land Use Board from Diane Hickey Riker Danzig, LLC, on behalf of applicant dated 4-26-2023. Mr. Stoner read letter which requested Public Hearing for Application for LU#2-23-4 Sussex Cultivation, LLC, be carried to meeting of June 28, 2023 due to items not yet finalized with no further notification needed.

 

Motion: Motion for LU#2-23-4 to carry Public Hearing to June 28, 2023 was made by Ms. Cocula and seconded by Mr. Williams.

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

Motion Passed.

Public Participation

Vice Chairman Spoerl opened the Meeting to the Public.

Charles Peck, Sussex County, requested if the Board can answer a question about Motion made for Application on Agenda and if any Town Council Members present can speak about Applicant’s approvals. Mr. Stoner explained he would have to attend Town Council Meeting for information on approved Ordinances and noted Council meeting dates are on the Township website. Mr. Stoner added since item is on the agenda, there can be no public comments made about the specific project.

Seeing no one further wishing to come forward, Vice Chairman Spoerl closed the meeting to the Public.

 

Resolutions

 

LU# 2-23-2 – FW Webb/Vintage Clothes, LLC – Block 391, Lot 11, - Preliminary & Final Site Plan to install a concrete storage pad in the rear yard of the lot

Eligible to vote: Auberger, Williams, Tadrick, Spoerl, McPeek, Cocula, Whitaker, Haley, Heftler

Vice Chairman Spoerl read title of Resolution and requested motion to approve. Board Members discussed if resolution reflects correct approval about number and location of containers that will remain on property. Members recall approval was that one container will remain on west side but will be behind fencing. Land Use Board Secretary will revisit hearing recording to confirm. Mr. Williams expressed concern that plans were not finalized in respect to drainage towards roadway but was delegated to Board Engineer for final approval. Ms. Haley added the Board agreed to approve application with condition that amended drainage plans were to be submitted and approved by Board Engineer.

Vice Chairman Spoerl noted members voted in affirmative to allow Land Use Board Secretary to review recording of hearing to confirm number and location of storage containers approved for Resolution. Mr. Stoner also noted on page three of Resolution that Applicant’s Engineer’s name was misspelled and needs to be corrected.

 

Motion: Motion to Approve LU#2-23-2 with revisions as noted was made by Mr. Whitaker and was seconded by Ms. Cocula.

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

Motion Passed.

 

PB# 2-91-4 – Mountain Creek Resort – 2023 Master Plan Update

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

Vice Chairman Spoerl read title of Resolution PB#2-91-4 and requested motion to approve. He noted appreciation that Applicant has made improvements to fencing along RT 94.

 

Motion: Motion to Approve PB#2-91-4 was made by Mr. Williams and was seconded by Ms. Cocula.

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

Motion Passed.

 

LU# 1-22-1 – Bright Horizons Development, LLC – Block 403, Lot 4, - Amended Final Site Plan for 55 and over rental apartments

Eligible to vote: Williams, Cocula, Whitaker, Haley, Mitchell, Mele, Vizzini, Theobald

 

Vice Chairman Spoerl read title of Resolution for LU#1-22-1 and requested motion to approve. Mr. Williams expressed concern that new floor plans were not provided to the Land Use Board before the resolution was brought forward. The hearing only included exhibits presented and application plans were from previous owner from years ago. Mr. Stoner noted that any conditions by Board Members must be brought up during hearing before approval.

 

Motion: Motion to Approve LU#1-22-1 was made by Ms. Cocula and was seconded by Mr. Whitaker.

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

Motion Passed.

 

LU# 1-23-1 – Minerals Resort & Spa SPE LLC – Block 527, Lot 1, - Preliminary & Final Site Plan with Variances for proposed construction of pickle ball courts

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

Vice Chairman Spoerl read title of Resolution for LU#1-23-1 and requested motion to approve.

Motion: Motion to Approve LU#1-23-1 was made by Mr. Williams and was seconded by Ms. Cocula.

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

Motion Passed.

Minutes

 

Ø  April 12, 2023 – Regular Meeting Minutes (Auberger, Williams, Cocula, Whitaker, Haley, Mitchell, Mele, Vizzini, Theobald)

Vice Chairman Spoerl requested motion to approve Minutes for April 12, 2023 meeting. Mr. Heftler noted name correction needed regarding discussion on ADA doors was Mr. Vizzini and not himself.

Motion: Motion to Approve Regular Minutes of April 12, 2023 with correction noted was made by Ms. Cocula and was seconded by Ms. Mitchell.

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

Ø  Land Use Board Business – Services Through 3/22/23 ($646.00)

Ø  Bright Horizons, LLC – LU# 1-22-1 – Services Through 3/23/23 ($68.00)

Ø  Sussex Cultivation, LLC – LU# 2-23-4 – Services Through 3/30/23 ($1,190.00)

Ø  FW Webb – LU# 2-23-2 - Services Through 3/27/23 ($889.50)

Ø  Minerals Resort & Spa – LU# 1-23-1 – Services Through 3/20/23 ($447.50)

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

Ø  Land Use Board Business – Services Through 3/22/23 ($705.00)

Ø  FW Webb – LU# 2-23-2 - Services Through 3/14/23 ($455.00)

Ø  Mountain Creek – PB# 2-91-4 – Services Through 3/13/23 ($625.00)

Ø  Minerals Resort & Spa – LU# 1-23-1 – Services Through 3/13/23 ($1,170.00)

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

Ø Land Use Board Business – ($0)

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

Vice Chairman Spoerl noted amount for Board Recording Secretary should be $125.00 instead of $75.00 and addition of Board Planner fee for LU#2-22-3 Concept Pan for $130.00.

Motion: Motion to Approve Board Fees with additions 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 on the agenda, a motion was made by Mr. Williams and was seconded by Ms. Mitchell. All Members were in favor.

Meeting was adjourned at 7:23 pm.

Respectfully Submitted                        

Irene Mills, Recording Secretary