Mr. Theobald called the meeting to order at 7:07 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 20, 2011 by delivering to the press such notice and posting same at the Municipal Building and filed with the office of the Township Clerk.

Salute to the Flag

Roll Call

Roll Call    Also Present
Andrew Borisuk NP   Michael Garofalo, Esq., Board Attorney
Andrea Cocula P   Jessica Caldwell, Board Planner
David Gornstein P   Cynthia Davis, Recording Secretary
Jessi Paladini NP    
Mayor Rinker (7:10 p.m.) P    
Councilmember Seufert NP    
Jean Murphy P    
Martin Theobald P    
Joseph Tadrick NP    
Chris Hack (#1 Alt) P    
Ed Rolando (#2 Alt) P    
Joseph Ferrer (#3 Alt) (7:20 p.m.) P    
Edward Seger (#4 Alt) P    

Note: Mr. Tadrick, Ms. Paladini, Mr. Stoner and Ms. Seufert advised the board they would not be present tonight.

Public Hearings

PB# 8-02-12: Colonial Developers, LLC, Block 20, Lot 29 - Final Major Subdivision - Extension of Time

Tom Molica, Jr. Esq, came forward on behalf of the applicant and explained that the board had approved of 3 extensions of the final major subdivision approval for the applicant. He further explained that the NJDEP issued a “stop work order” and the applicant is here before the LUB to advise that pursuant to Section 21 of the MLUL, the approval time periods are frozen or tolling. Mr. Molica stated that the applicant is entitled to 2 years and 7 months from the date the litigation and problem with DEP is resolved.

Motion: Mr. Gornstein made a motion to acknowledge the tolling of the applicant’s approval pursuant to Section 21 for a period of 2 years and 7 months from the date the litigation is resolved. Mr. Hack seconded the motion. ROLL CALL: COCULA - Y, GORNSTEIN - Y, RINKER - Y, MURPHY - Y, THEOBALD - Y, HACK - Y, ROLANDO - Y, SEGER - Y.

LU# 2-11-2: James & Wendy Robinson, Block 100.07, Lot 25 - Bulk Variance for an Addition

James Opfer, Esq., James Schriner, Architect, and James Robinson, Applicant, came forward and were sworn in by the LUB attorney. Mr. Opfer explained that the applicant is before the LUB for a front yard setback variance and due to stream encroachment requirements.

Mr. Garofalo commented that all of the homes in this area are pre-existing, non-conforming structures and their front yard setback was set by ordinance in the relatively near past at 40 feet and none of the homes has a 40 foot setback. Mr. Garofalo advised that given the fact that the application is for a lateral addition where the front yard setback is pre-existing and non-conforming and isn’t going to change, this is not a variance at all. He went on to say that the only testimony to hear about for this application would be testimony regarding the stream encroachment.

Mayor Rinker asked how close the existing septic tank is to the new addition. Mr. Fred Cisco, who will be working on the septic system, came forward and was sworn in by the board attorney. Mr. Cisco testified that the septic will be missed by the structure but was not sure about the driveway. He said that the line comes out of the front wall and goes diagonally to the tank. Mr. Theobald stated that the Board of Health controls the septic system and the LUB has no jurisdiction over it.

Pursuant to Mr. Stoner’s review, the lake where the proposed addition is located is in a Class 2 Stream Buffer Conservation Zone overlay and it would require a 75 foot buffer area. A hardship variance could be granted. Mr. Schriner said that this house is smaller than the other homes in the neighborhood and upgrading the house would have a positive impact on the neighborhood and the tax values.

Mr. Garofalo suggested that this Stream Buffer Zone Ordinance be looked at because it seemingly prohibits what the State says is permitted. He said that zoning decisions cannot be based on money and that he would not be able to defend this ordinance. He asked how you could equate the potential pollution to Barry Lakes based on an applicant’s financial position? He feels the Town Council should look at this ordinance again as he doesn’t feel it is constitutionally defensible.

Motion: Mr. Gornstein made a motion to approve this application. Ms. Cocula seconded the motion. ROLL CALL: COCULA - Y, GORNSTEIN - Y, RINKER - Y, MURPHY - Y, THEOBALD - Y, HACK - Y, ROLANDO - Y, FERRER - Y, SEGER - Y. Passed.

Mr. Theobald commented that the LUB made the recommendation to the Town Council that the aforementioned ordinance be changed to meet the State ordinance and it was turned down.

Open meeting to the public for items other than those listed on the agenda

No one came forward.

Closed meeting to the public


February 23, 2011: Regular Meeting Minutes

Motion: Mr. Gornstein made a motion to approve of the 2/23/11 Regular Meeting Minutes. Mr. Hack seconded the motion. ROLL CALL: COCULA - Y, GORNSTEIN - Y, THEOBALD, - Y, MURPHY - Y, HACK - Y, ROLANDO - Y, SEGER - Y. Passed

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

Applications requiring a highlands exemption

Mr. Gornstein commented that he was going over the Mountain Gate application and asked why this application is coming before the LUB if it requires a Highland’s exemption. He asked if the LUB should be hearing applications before a Highland’s exemption is obtained.

Mr. Garofalo advised that there is no law on this particular issue. The LUB can make their own decision as to whether they hear applications before the applicant receives other agency approvals that may be required.

Mayor Rinker suggested leaving the decision on when to come before the LUB to the applicant. Mr. Garofalo advised that the safe, conservative decision is to hear the applications.

Board attorney business

Mr. Garofalo stated that since Mr. Kirwan is “on board,” he is going to consider legal notice to have been reviewed and confirmed for applications. Also, he handed out a memo with supporting documentation regarding solar farms. He would like this to be scheduled for discussion at a later date. Included in the memo was a proposed ordinance, that Mr. Garofalo prepared, addressing this issue.

Temporary trailers

Mayor Rinker commented that if anyone needs a temporary trailer, a $2000 bond is currently required to be posted in lieu of the applicant not removing the trailer. Mr. Garofalo commented that this may be contained in the general ordinances of Vernon not the zoning ordinances and this is not something the LUB would have jurisdiction to change.



Escrows, Board Fees and Bond Reductions

  1. Board Fees
    1. Board Attorney: Michael Garofalo, Laddey, Clark & Ryan, LLP
      1. Land Use Board Business: 1/3/11 to 1/31/11 ($1,290.00)
      2. Land Use Board Business: 2/1/11 to 2/28/11 ($1,905.00)
      3. US Fish & Wildlife: Services through 2/28/11 - ($48.30)
      4. Mountain Creek Resort, Inc.: PB# 2-08-2 - Services through - 2/28/11 ($405.00)
      5. Colonial Developers: PB# 2-08-12 - Services through 2/28/11 - ($30.00)
      6. Jesse Moore: LU# 2-11-1 - Services through 2/28/11 - ($30.00)
      7. James & Wendy Robinson: LU# 2-11-2 - Services through 2/28/11 ($30.00)
      8. Mountain Gate, LLC: LU# 2-11-3 - Services through 2/28/11 ($45.00)
      9. Mountain Creek - Overflow Parking: LU# 2-11-4 - Services through 2/28/11 ($45.00)
  2. Request for Escrows to be Closed
    1. None

Motion: A motion was made by Mayor Rinker to approve of the above listed Board Fees. Mr. Ferrer seconded the motion. All were in favor.

Mr. Garofalo will adjust the typo on his bill to reflect the lower amount.


Mayor Rinker made a motion to adjourn the meeting at 8:13 p.m. Mr. Seger seconded the motion. All were in favor.

These minutes were transcribed by Cynthia Davis on March 14, 2011.


I, the Board Secretary, hereby certify that the above minutes were approved at the regularly scheduled Land Use Board meeting on April 13, 2011.

Respectfully submitted,
Cynthia Davis
Board Secretary