Mr. Theobald, called the meeting to order at 7:04 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 19, 2010, 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 NP   Corey Stoner, Board Engineer
Jessi Paladini P   Cynthia Davis, Recording Secretary
Mayor Rinker P    
Councilmember Seufert NP    
Jean Murphy P    
Martin Theobald P    
Joseph Tadrick P    
Chris Hack (#1 Alt) P    
Ed Rolando (#2 Alt) P    
Joseph Ferrer (#3 Alt) P    
Edward Seger (#4 Alt) NP    

Mr. Theobald advised that Mr. Gornstein had called him to say he would not be present at this meeting due to illness.

Public Hearings

LU# 11-10-11: Kyungkon Choi, Block 220.01, Lot 8 - Minor Subdivision with a Bulk Variance

Stephen McGee, Esq., and the applicant, Ms. Choi, came forward and were sworn in by Mr. Garofalo. Mr. McGee described the subdivision site and explained that a bulk variance is needed as the proposed lot will make the existing house lot and setback non-conforming. Photographs were passed around to the LUB members.

Mr. Stoner discussed his report, (see Mr. Stoner’s detailed report dated January 5, 2011), including there being no driveway for the existing house, the location of the septic and keeping the trees around the lot. Mr. McGee advised that the applicant is currently working on the County application and the County will require a proper driveway.

Mr. Theobald suggested, and the LUB members agreed, that if this application is approved by the LUB, then it must be conditioned upon the applicant installing a driveway that the LUB Engineer will subsequently approve of instead of the applicant being required to come back before the LUB.

Ms. Cocula asked the applicant where the septic tank is located as it may not have the proper setback to the new lot line.

Mr. Garofalo stated that the testimony was that a house would be built in “keeping with the neighborhood,” which is what boards would like to see. He asked the applicant to provide the LUB with a picture of the type of house to be built.

Mayor Rinker asked the applicant to provide an argument as to why the lots are not more equal in size.

Mr. Stoner listed the requested items to be provided to the LUB for the next hearing as follows: 1) provide the location of the septic system and the proposed driveway for the lot with the existing house and provide the location where the septic and wells are for the 2 lots behind the existing house lot (lots 1 & 2). The applicant agreed to leave most of the existing trees to provide a buffer and to depict this somehow on the plan.

This hearing was carried to the LUB meeting scheduled for February 23, 2011. No further notice will be required by the applicant.

LU# 11-10-10: Robert E. Baldwin, Block 94, Lot 1 - Lot Line Adjustment with a Use Variance

(Note: Mr. Theobald stepped down from this hearing as he is a property owner within 200 feet. Ms. Paladini stepped in as Vice Chair.)

M. Richard Valenti, Esq., Morris Downing & Sherred, came forward on behalf of the applicant along with the applicant, Robert Baldwin and the applicant’s engineer, Bernard Caffrey. All were sworn in by the LUB attorney. The applicant is proposing to take 2.75 acres from his lot and add this land to the adjacent existing NJDEP, Green Acres land.

Mr. Stoner reviewed his memo dated December 3, 2010 on this application. He confirmed that this application would have no impact on the applicant’s soil operation.

Mr. Garofalo confirmed that the applicant’s attorney will be preparing the subdivision deeds, if approved.

Mr. Valenti advised Ms. Caldwell that he spoke with both Highland’s Council officials and others, and it is their position that as long as this particular application does not involve disturbance of soil and is just a lot line adjustment application, they do not require a hearing.

Mr. Stoner advised that the VTEC had emailed objections regarding this subdivision. However, he added that they may have been confused as to what the application was actually for. Ms. Paladini confirmed same.

Meeting was opened to the public

No one came forward.

Meeting was closed to the public

Motion: Mayor Rinker made a motion to approve of this application. Ms. Cocula seconded the motion. ROLL CALL: COCULA - Y, PALADINI - Y, RINKER - Y, MURPHY - Y, TADRICK - Y, HACK - Y, ROLANDO - Y, FERRER - Y. Passed.

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

No one came forward.

Closed meeting to the public

Executive Session

Motion: Ms. Paladini made a motion for the meeting to proceed into an Executive session at 8:21 p.m. Ms. Cocula seconded the motion. All were in favor. Ms. Davis turned off the recording device for the executive session.

Mr. Garofalo explained that in Executive Session the LUB members discussed the options that the board could take regarding the Cellco application. Mr. Garofalo added that with the board’s approval he has been authorized to inform the applicant that it is the LUB’s decision to do a complete re-hearing of the Cellco application. All were in favor.


Reexamination of Municipal Master Plan and Adoption of Housing Element and Fair Share Plan

Ms. Caldwell came forward. She explained that this plan was written to meet COAH’s current rules for the Round 3 regulations—which are currently being re-written. After submitting this plan, Vernon will be in compliance with COAH so that the available funds ($250.000.00) can be used, in the Housing Trust Fund, for projects within the Township. A spending plan will need to be submitted prior to these funds being released.

Ms. Caldwell explained that this is a Master Plan element which makes it only a recommendation that can be changed at any time. It is not therefore something that the Town is tied into.

Motion: Ms. Cocula made a motion to approve of the Housing Element and Fair Housing Plan. Ms. Murphy seconded the motion. ROLL CALL: COCULA - Y, PALADINI - Y, RINKER - Y, MURPHY - Y, THEOBALD - Y, TADRICK - Y, HACK - Y, ROLANDO - Y, FERRER - Y. Passed.


PB# 2-08-2: Mountain Creek Resort, Inc., Block 183, Lots 12 &13, Block 184, Lots 10, 12, 13, 14, 15, 16, 18, 25, & 25.01, Block 190 Lots 9, 10, & 10.01, Block 188.01 - Amended Preliminary & Final Site Subdivision & Preliminary Site Plan - Extension of Time

Motion: Ms. Murphy made a motion to approve of the resolution. Mr. Tadrick seconded the motion. ROLL CALL: PALADINI - Y, MURPHY - Y, THEOBALD - Y, TADRICK - Y, HACK - Y, ROLANDO - Y. Passed.


December 8, 2010: Regular Meeting Minutes

Motion: A motion was made by Mr. Hack to approve of the 12/8/10 regular meeting minutes, as amended. Mr. Tadrick seconded the motion. All were in favor.

Land Use Board Discussion Items

Vernon Valley Associates, Inc. A&P Shopping Center Sign

Mr. Garofalo advised that the zoning officer went by textbook law in advising that the applicant would need to come before the LUB to have an additional sign panel installed on the main sign at the shopping center. He recommended that the zoning officer could issue a permit for the additional panel without a hearing before the LUB under the diminemous exception to the MLUL.

The LUB members all agreed that the LUB attorney may advise the Zoning Officer to issue a permit to Vernon Valley Associates without a further hearing before the LUB.

Performance and Maintenance Bonds

Mr. Stoner gave the LUB members a proposed Ordinance on this matter to be reviewed and discussed and voted on at the next LUB meeting. If approved, the ordinance will go to the Town Council for their vote.

Lot Development Plan Permits

Mr. Stoner advised that he needs to meet further with the Town Manager on this matter.

Mountain Creek—Day Lodge with an amendment to the site plan at the next meeting.

Mr. Stoner advised the board that he met with Mountain Creek and they are moving forward with constructing the day lodge. They will come before the LUB to discuss their site plan and master plan update.

  1. Board Fees
    1. Board Attorney: Michael Garofalo, Laddey, Clark & Ryan, LLP
      1. Land Use Board Business: 11/30/10 ($150.00)
      2. Mountain Creek Resort, Inc.: PB# 2-08-2- Services through 11/30/10 - ($45.00)
      3. Robert E. Baldwin: LU# 11-10-10 - Services through 11/30/10 - ($45.00)
    2. Board Planner: Jessica Caldwell, Harold E. Pellow & Associates
      1. Land Use Board Business: 10/29/10 & 12/30/10 ($508.50)
      2. Robert Baldwin: LU# 11-10-11 - Services through 12/30/10 ($395.50)
      3. Glenwood Management: ZB# 4-06-6 - Services through 9/30/10 - ($452.00)
      4. Mt. Creek Day Lodge: PB# 2-08-2 - Services through 12/30/10 - ($847.50)
    3. Board Engineer: Cory Stoner, Harold E. Pellow & Associates
      1. Land Use Board Business: 10/29/10 - 12/30/10 - ($630.00)
      2. NS Enterprises: LU# 1-09-2 - Services through 12/30/10- ($727.50)
      3. Cellco Partnership/Verizon: LU# 7-10-5 - Services through 12/30/10 - ($60.00)
      4. Glenwood Management: ZB# 4-06-6 - Services through 9/30/10 - ($330.00)
      5. Walsh/Taylor: LU# 8-10-9 - Services through 12/30/10 - ($60.00)
      6. Robert Baldwin: LU# 11-10-11 - Services through 12/30/10 - ($480.00)
      7. Mt. Creek Water Park Master Plan: PB# 2-91-4 - Services through 12/30/10 - ($240.00)
      8. Mt. Creek Day Lodge: PB# 2-08-2 - Services through 12/30/10 - ($1,850.25)
    4. Board Recording Secretary: Cynthia Davis
      1. Services through 1/6/11 - ($24.00)
  2. Request for Escrows to be Closed
    1. None

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


Mr. Ferrer made a motion to adjourn the LUB meeting at 9:38 p.m. Mr. Tadrick seconded the motion. All were in favor.

These minutes were transcribed by Cynthia Davis on January 21, 2011.


I, the Board Secretary, hereby certify that the above minutes were approved at the regularly scheduled Land Use Board meeting on February 9, 2011.

Respectfully submitted,
Cynthia Davis
Board Secretary