Minutes February 28, 2024

VERNON TOWNSHIP LAND USE BOARD

REGULAR MEETING MINUTES

February 28, 2024

 

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 30, 2024 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
Ann Larsen	P
Councilmember William Higgins	P
Martin Theobald	NP
Richard Spoerl	P
Willard McPeek	P
Andrea Cocula	P
Jacqueline Haley	P

Michael Whitaker	P
Jodi White- Bearstler Alternate #1	P
Mark Heftler   Alternate #2	P
Paul Mele Alternate #3	NP
Mark Vizzini Alternate #4	NP

     

Also Present:

Glenn Kienz, Board Attorney

Cory Stoner, Board Engineer

Kimberley Decker, Board Secretary

 

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

 

PUBLIC HEARINGS

 

LU#5-23-7 – Restoration Agriculture, LLC – Block 167, Lot 11, - Final Site Plan for a Farm-to-Table Restaurant and Banquet Hall

Mr. Daniel Benkendorf, Attorney from firm of Askins & Hooker came forward for applicant for final site plan approval for a 28-acre site at Block 167 Lot 11 in R1 zone being currently taxed as a commercial lot.  He stated in 2023, a use variance was granted for Farm-to-Table Restaurant and Banquet Hall on the site.

Mr. Jeff Houser, Licensed Professional Engineer was sworn in to testify on the changes to previously approved plans from 2023.  Mr. Houser reviewed and agreed with all comments and recommendations in Township Engineer Mr. Stoner’s report dated February 23, 2024.  Site had four existing driveways which has been revised per page 3 of the plans due to County standards to only two entrances with one main driveway on north end having two-way access and the other only having inward access. Encroachments of stone walls were found to be in the County right-of-way and revised plans show the wall moved back onto property. He added the containers shown in central part near right-of-way are proposed to be removed and area will be graded to allow for perpendicular parking at street side and along the barn.  Number of parking spaces on site have increased by two for total of 66.  The first 50-feet of the main entrance will be paved with belgium block curbing with remainder of driveway to remain gravel. There will be three paved ADA parking spaces near the structure with stop bars as well as guardrails and signage throughout site per county standards.  Mr. Houser stated there are no changes made to the proposed addition and septic system.          

Mr. Houser explained proposed lighting is minimal with installation of 15 ft poles with lantern style lights for safety of foot traffic for guests.  Mr. Stoner recommended additional lights are needed near main two-way entrance and near handicapped parking for safety reasons.  Mr. Stoner added additional approvals are needed by the NJDEP, Highlands Council, and Sussex County.  Mr. Houser acknowledged approvals stated and noted the Treatment Works Application has been approved by the State.

Board Member questioned what the expected number of buses at the events is and expressed concern since it is a residential zone. Mr. Houser stated plans show how bus traffic flows through site and added planned events will only have one bus on site for drop off and pickup. 

Mr. Steve Maclean, owner of property was sworn in and agreed with all testimony presented by Mr. Houser regarding application.  Mr. Maclean stated plans were designed for limit of only one bus at events which will drop off and leave and not be on site for longer than 10-30 minutes.  Prospective clients have and will continue to be instructed to get bus shuttle service for better traffic flow at venue.

Board Member Haley acknowledged reason noise mitigation survey was not yet included in plans was that it would not be done until after renovations are completed.  Mr. Maclean stated the proposed improvements to the barn will be exterior insulation for sound, heat, and cooling.  Attorney Kienz marked Noise Mitigation Survey A1 which was distributed to all Board Members and Officials at meeting.  Mr. Maclean stated changes noted to reduce sound included no open doors, no music past specific times, addition of brush if mitigation is needed.  Board Members had no further questions.

.

Vice Chairman Spoerl opened the hearing to the Public.

Joanna Grehanov came forward, was sworn in, and stated noise levels taken on her personal deck, which is three houses away from farm, was between 79 decibels (dB) and 80dB at 9:30pm during an event.  She opined that the owner has no control over when guests open the door and leaves it open and is concerned about noise levels.  Attorney Kienz stated the Township follows standard state levels of 50dB at property line and if exceeded, a violation would be issued. He added the Board can choose to have applicant hire a licensed professional to evaluate levels to make sure Township standards are met.  Ms. Grehanov added it is not acceptable that noise travels to our house at levels of 73dB at 9:25pm at the events happening now regardless of this application’s approval.  Mr. Maclean explained the current old barn siding is very thin and is the first priority of renovation after approvals received.   

Stephanie Blaine came forward, was sworn in and stated she resides farther away than Ms. Grehanov and has noise levels from the events exceeding 50dB at times.

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

Attorney Benkendorf requested short recess with Client at 7:38. Meeting resumed at 7:40pm.

Attorney Benkendorf stated Applicant will agree to complete Sound Mitigation Survey within six months of all approvals received.  He explained no construction can be started without the other approvals but noted there will be five events previously that will take place in that period.    Mr. Maclean stated there are fourteen events scheduled for 2024 primarily in spring and fall and once siding is done, noise levels will improve greatly.  He also will work with hired music vendors to monitor the levels of the events to alleviate any issues with his neighbors.  Mr. Spoerl recommended if siding can be done immediately without the other agency approvals to lower noise levels. 

Attorney Keinz summarized conditions of approval for application: Submit final plans once Sussex County approval is final; Required Highlands permit or exemption approval; Final plans include additional lighting per recommendations and approval by Township Engineer; Sound Study by licensed professional once siding is complete to meet all State/Township standards.

Motion: Motion to Approve Final Site Plan for LU#5-23-7 per conditions as noted was made by Ms. Cocula and was seconded by Mr. Whitaker.

ROLL CALL: LARSEN: Abstain; HIGGINS: Y; MCPEEK: Y; COCULA: Y; WHITAKER: Y; HALEY: Y; WHITE-BEARSTLER: Y; HEFTLER: Y; SPOERL: Y.

Motion Passed.

Public Participation

Vice Chairman Spoerl opened the meeting to the Public for items other than on the Agenda.

Barb Greider resides across from farm where approval was granted for Sussex Cultivation for cannabis cultivation and expressed concern that driveway being used by large trucks was not part of Board’s approval.  Mr. Stoner explained applicant has not received a Zoning permit nor other agency approvals yet, so proposed roadway has not yet been constructed.  He explained to Ms. Greider that the road in use currently will not be used permanently, and the entrance will be as depicted on original plan.

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

LAND USE BOARD DISCUSSION ITEMS (ACTION MAY OR MAY NOT BE TAKEN)

Vice Chairman Spoerl acknowledged previous Board Members Kelly Mitchell, Joseph Tadrick, Craig Williams and thanked them for their voluntary service to the Land Use Board and the community. 

 

Resolutions

 

LU# 9-23-15 – Al & Victoria Akkerman – Block 433, Lot 42, - Variance for a Six-Foot Fence within the Front Yard on a Corner Lot

Eligible to vote: Auberger, Larsen, Higgins, Spoerl, McPeek, Cocula, Whitaker, Haley, White-Bearstler

Motion: Motion to Approve Resolution for LU#5-23-8 was made by Mr. Whitaker and was seconded by Ms. Cocula.

ROLL CALL: LARSEN: Y; HIGGINS: Y; SPOERL: Y; MCPEEK: Y; COCULA: Y; WHITAKER: Y; HALEY: Y; WHITE-BEARSTLER: Y.

Motion Passed.

LU# 12-23-18 – Snowshoe Homes, LLC – Block 526, Lot 10, 11 & 12, - Minor Subdivision

Eligible to vote: Auberger, Larsen, Higgins, Spoerl, McPeek, Cocula, Whitaker, Haley, White-Bearstler

 

Motion: Motion to Approve Resolution for LU#5-23-8 was made by Mr. Higgins and was seconded by Mr. Whitaker.

ROLL CALL: LARSEN: Y; HIGGINS: Y; SPOERL: Y; MCPEEK: Y; COCULA: Y; WHITAKER: Y; HALEY: Y; WHITE-BEARSTLER: Y.

Motion Passed.

Minutes

 

• January 24, 2024 – Reorganization Meeting Minutes (Auberger, Larsen, Higgins, Spoerl, McPeek, Cocula, Whitaker, Haley, White-Bearstler)

• January 24, 2024 – Regular Meeting Minutes (Auberger, Larsen, Higgins, Spoerl, McPeek, Cocula, Whitaker, Haley, White-Bearstler)

 

Motion: Motion to Approve Reorganization and Regular Minutes for January 24, 2024 was made by Ms. Cocula and seconded by Mr. McPeek.

 

ROLL CALL: LARSEN: Y; HIGGINS: Y; SPOERL: Y; MCPEEK: Y; COCULA: Y; WHITAKER: Y; HALEY: Y; WHITE-BEARSTLER: 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 1/24/24 ($726.00)

• Al Akkerman – LU# 9-23-15 – Services Through 1/25/24 ($454.50)
• Dean Anthony – LU# 5-23-8 – Services Through 1/16/24 ($450.00)
• Boho Realty, LLC - LU# 2-23-3 –Services Through 1/25/24 ($45.00)
• Veolia Water NJ – LU# 11-23-17 – Services Through 1/17/24 ($468.00)
• Snowshoe Homes – LU# 12-23-18 – Services Through 1/25/24 ($328.50)

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

• Land Use Board Business – ($0)
• Sussex Cultivation – LU# 2-23-4 – Services Through 1/29/24 ($752.50)
• Veolia Water NJ – LU# 11-23-17 – Services Through 12/01/23 ($520.00)

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

• Land Use Board Business – Services Through 12/13/23 ($138.00)
• FW Webb – LU# 2-23-2 – Services Through 12/4/23 ($56.25)
• Dean Anthony Properties – LU# 5-23-8 – Services Through 12/8/23 ($1,088.00)
• Rosemark Realty - LU# 9-23-12 –Services Through 12/5/23 ($150.00)
• Sussex Cultivation – LU# 2-23-4– Services Through 12/7/23 ($282.00)
• Veolia Water NJ – LU# 11-23-17 – Services Through 12/8/23 ($929.75)

 

4. Board Recording Secretary – Irene Mills ($100.00)

Motion: Motion to Approve Board Fees was made by Mr. Whitaker and was seconded by Mr. Spoerl.  All Members were in Favor.  Motion Passed.

 B. Request for Escrows to be closed

• PB# 2-06-2 – Riccobono Development, LLC - Block 269.10, Lot 3 & 4, Minor Subdivision ($79.00)
• LU# 9-20-7 – Stephen Peterson – Block 589, Lot 21 & 22, - Minor Subdivision ($871.60)

Motion: Motion to Approve Escrows be Closed was made by Mr. Spoerl and was seconded by Mr. McPeek. All Members were in Favor.  Motion Passed.

Adjournment         

There being no further items of business to be conducted on the agenda, a motion to adjourn meeting was made by Mr. Whitaker and was seconded by Ms. Cocula. All Members were in favor.

Meeting was adjourned at ­­8:04 p.m.

Respectfully Submitted

Irene Mills, Recording Secretary