Minutes: April 11, 2012

Mr. Theobald called the meeting to order at 7:08 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 15, 2012 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

Mr. Theobald advised that Ms. Cocula, Ms. Wexler, Ms. Seufert, Mr. Tadrick, and Mr. Hack all called to advise that they would not be present at the meeting.

Hearings

Note: Please see transcript by court reporter, in file, for testimony for the 2 hearings, below.

LU# 2-12-3: T-Mobile Northeast LLC, Block 233, Lot 7.01, - Conditional Use Site Plan to Maintain an Antenna Concealed within the Existing Cupola

Meeting was opened to the public

No one came forward.

Meeting was closed to the public

Motion: Mr. Spoerl made a motion to approve the conditional use with the conditions as outlined by Mr. Stoner. Ms. Paladini seconded the motion. ROLL CALL: MAROTTA - Y, RIZZUTO - Y, THEOBALD - Y, SPOERL - Y, FERRER - Y, PALADINI - Y, ROLANDO - Y, RAPERTO - Y.

LU# 2-12-4: T-Mobile Northeast LLC, Block 199.10, Lot 4, - Conditional Use Site Plan to Maintain an Antenna on a Roof

Meeting was opened to the public

No one came forward.

Meeting was closed to the public

Motion: Mayor Marotta made a motion to approve the conditional use with the conditions as outlined by Mr. Stoner. Mr. Theobald seconded the motion. ROLL CALL: MAROTTA - Y, RIZZUTO - Y, THEOBALD - Y, SPOERL - Y, FERRER - Y, PALADINI - Y, ROLANDO - Y, RAPERTO - Y.

Public Participation

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

Closed Meeting to the Public

Resolutions

PB# 6-06-8: Crystal Springs Builders, LLC, Block 270, Lots 11 & 26, Preliminary Major Subdivision & Preliminary/Final Site Plan & Conditional Use Approval - Request for an Extension of Time

Eligible to vote: Marotta, Wexler, Rizzuto, Theobald, Spoerl, Cocula, Paladini, Hack, Raperto

Mr. Spoerl commented that he thought Lots 11 & 26 no longer existed because of what happened last year. Mr. Stoner confirmed that the 2 lots (Tissington) do exist as the deeds for the subdivision have not been filed yet. Ms. Kovach will revise the resolution to make it clear that the extension of time will be null after the deeds for the subdivision are filed and the solar panel work is commenced.

Mayor Marotta made a motion to table the approval of this resolution until the above changes have been made. All were in favor.

LU# 1-12-2: Noemy Toste, Block 143.01, Lot 6, - Bulk Variance for Front Yard Addition

Eligible to vote: Marotta, Wexler, Rizzuto, Theobald, Spoerl, Cocula, Paladini, Hack, Raperto

Mr. Stoner commented that it was agreed that the applicant would modify their plan to show just the addition and that no seepage pits or drainage need to be done. He said these comments should be added to the body of the resolution and in the conditions of approval section. Also, the following revision should be made: The construction according to the REVISED plans per the testimony and approved by the Board Engineer.

Motion: Mr. Spoerl made a motion to approve of the resolution with the above changes. Mayor Marotta seconded the motion. ROLL CALL: MAROTTA - Y, RIZZUTO - Y, THEOBALD - Y, SPOERL - Y, PALADINI - Y, RAPERTO - Y.

LU# 3-12-6: Peter & Linda Tczap, Block 44.02, Lot 13, - Bulk Variance for an Attached Garage

Eligible to vote: Marotta, Wexler, Rizzuto, Theobald, Spoerl, Tadrick, Cocula, Paladini, Hack

Mr. Spoerl commented that the zone should be revised to read “PLC” zone. Mr. Stoner commented that the applicant agreed to add a landscape buffer along the side of the house and he also agreed that no lighting wouldl be installed on the side of the garage between the house and neighbor. As such, both of these conditions need to be added to the resolution.

Motion: Mayor Marotta made a motion to approve of the resolution with the changes, above. Ms. Paladini seconded the motion. ROLL CALL: MAROTTA - Y, RIZZUTO - Y, THEOBALD - Y, SPOERL - Y, PALADINI - Y, RAPERTO - Y.

LU# 2-12-5: Daniel O’Keefe, Block 204.07, Lot 1, - Bulk Variance to Build a Porch Roof Over an Existing Slab

Eligible to vote: Marotta, Theobald, Spoerl, Tadrick, Ferrer, Rolando

Mr. Spoerl commented that the zone needs to be inserted into the resolution (PLC).

Motion: Mr. Spoerl made a motion to approve of the resolution with the change, above. Mr. Ferrer seconded the motion. ROLL CALL: MAROTTA - Y, THEOBALD - Y, SPOERL - Y, FERRER - Y, ROLANDO - Y.

Land Use Board Discussion Items

Ordinance #12-05: An ordinance amending the Vernon Township Administrative Code Section 330-180 Signs

Mr. Theobald asked if any members wanted to make any recommendations with regard to the sign ordinance. Council member Rizzuto commented that the council agreed that this particular ordinance will probably be revisited at some point. Mayor Marotta advised that the council asked their planner to look at the 5 micro-zones that make up the Town Center and whether or not it is a good idea to consider making it a redevelopment zone.

Mr. Spoerl made a motion to make a recommendation to the Town Council to adopt the sign ordinance, as written. Ms. Paladini seconded the motion. All were in favor.

Mr. Theobald announced that Ms. Caldwell has left her engineering firm and has started her own firm—J. Caldwell & Associates. Mayor Marotta commented that the contracts between Vernon Twp. and Harold Pellow & Associates and J. Caldwell & Associates are in the process of being modified. Definitive action is scheduled for this matter before the Town Council on April 23, 2012. The reappointment action to the LUB for Ms. Caldwell should be at the 4/25 LUB meeting.

Minutes

March 14, 2012

Motion: Mayor Marotta made a motion to approve the March 14, 2012, meeting minutes. Ms. Paladini seconded the motion. All were in favor.

Escrows, Board Fees and Bond Reductions

1. Board Fees
   1. Board Attorney: Jennifer Kovach, Daggett, Kraemer, Kovach & Gjeslvik
      1. Land Use Board Business: Services through 2/8/12 to 3/20/12 ($15.00)
      2. Nextel: LU# 5-11-13 - Services through 3/20/12 ($30.00)
      3. Toye Real Estate: LU# 11-11-18 - Services through 3/20/12 ($480.00)
      4. Toste: LU# 1-12-2 - Services through 3/20/12 ($120.00)
      5. Tczap: LU# 3-12-6 - Services through 3/20/12 ($120.00)
      6. T-Mobile: LU# 2-12-3 - Services through 3/20/12 ($45.00)
   2. Board Planner: Jessica Caldwell, Harold E. Pellow & Associates
      1. Land Use Board Business - ($0)
   3. Board Engineer: Cory Stoner, Harold E. Pellow & Associates
      1. Land Use Board Business - ($0)
   4. Board Recording Secretary: Cynthia Davis - ($127.50)
2. Request for Escrows to be Closed
   1. None

Motion: Council Member Rizzuto made a motion to approve of the above Board Fees and Escrows. Ms. Paladini seconded the motion. All were in favor.

Pending Land Use Board Business—Status of Pending Applications

LU# 11-11-18: Toye Real Estate, LLC - Preliminary Subdivision with Use Variance

Hearing will be on 4/25/12.

LU# 11-11-17: Market Square Management - Bulk Variance for Parking

Hearing will be on June 13, 2012.

Discussions

Ms. Decker asked if the applicants with the approved resolutions with revisions, above, would be able to come in and get their building permits before the revisions to the resolutions are completed.

Motion: Mayor Marotta made a motion to direct the Zoning Officer to issue the appropriate permits predicated upon the approvals that were made tonight. Mr. Spoerl seconded the motion. All were in favor.

Ms. Paladini discussed the importance of applicants adhering to the set process in place when a property is historic. She asked what the status is for Town Center designation.

Ms. Caldwell advised Ms. Paladini that there is a new state plan proposed. The state is eliminating the center designation but creating “Strategic Investment Areas (SIA).” Former town centers or ones with lapsed approvals are almost a shoe-in for SIA approval. She is waiting for the state to come up with the process.

With regard to the Highlands Council, Ms. Caldwell said she received some draft documents from the Highlands Council which have been reviewed and sent back. The Highlands Council will be taking action to conditionally approve Vernon’s plan conformance petition and those documents will be coming back before the Board.

Mr. Stoner is still working on streamlining the application process.

Adjournment

Motion: Mr. Mayor Marotta made a motion and Mr. Spoerl seconded the motion to adjourn the meeting at 8:13 p.m. All were in favor.

These minutes were transcribed by Cynthia Davis on April 17, 2012.