Mr. Theobald called the meeting to order at 7:13 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

Roll Call    Also Present
Mayor Marotta P   Jennifer Kovach, Esq., Board Attorney
Diane Wexler NP   Jessica Caldwell, LUB Planner (7:30 p.m.)
Councilmember Rizzuto NP   Corey Stoner, Board Engineer
Martin Theobald P   Kim Decker, Planning & Zoning Admin. Asst.
Richard Spoerl P   Cynthia Davis, Board Secretary
Joseph Tadrick P    
Andrea Cocula NP    
Joseph Ferrer P    
Jessica Paladini NP    
Chris Hack (#1 Alt) NP    
Ed Rolando (#2 Alt) P    
Valerie Seufert (#3 Alt) NP    
Kristi Raperto (#4 Alt) NP    

Ms. Decker advised that Ms. Cocula, Ms. Wexler, Ms. Seufert, Mr. Rizzuto, Ms. Paladini, Mr. Hack and Ms. Raperto all called to advise that they would not be present at the meeting.


LU# 11-11-17: Market Square Management, LLC, Block 141, Lot 1 - Bulk Variance for Parking Requirements

Mr. Theobald advised that the applicant asked that this hearing be carried until June 13, 2012, with no further notice or publications.

LU # 11-11-18: Toye Real Estate, LLC, Block 171.17, Lots 6 & 7. Preliminary/Major Subdivision, Use Variance & Interpretation for a Pre-Existing Nonconforming Campground.

Mr. Theobald advised that this applicant asked that the hearing for April 11, 2012, be carried to April 25, 2012, without any further notice or publications.

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

Daniel O’Keefe, the builder of the project came forward and explained that he is requesting a variance for a porch roof over an existing slab which was built one year ago. He explained that he originally spoke with the zoning officer who told him that since the slab was existing, there was no problem with building the roof. The dimensions of the roof are 10 x 26. This is the front entry. The existing setback is 26 feet; the proposed setback is 18.9 feet with a requirement in the zone of 40 feet. The applicant said that most houses around this one have nonconforming setbacks.

Meeting was opened to the public

No one came forward.

Meeting was closed to the public

Motion: Mr. Rolando made a motion to approve of the variance. Mr. Ferrer seconded the motion. ROLL CALL: MAROTTA - Y, SPOERL - Y, TADRICK - Y, FERRER - Y, ROLANDO - Y, THEOBALD - Y.

Public Participation

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

Deborah Carosella came forward seeking answers regarding the dog park which is across the street from her home. She is concerned with how this project seems to have grown by adding a pavilion, port-a-potties and signage on the fencing. She would like to have trees added around the perimeter of the property.

Mayor Marotta explained that the Board of Education leased the property for the dog park to Vernon Township who is the landlord to the dog park association. Most likely when the lease is up the Town Council will need to make a decision as to whether or not the lease is renewed. The lease is a 5-year lease of which the Bd of Ed is into now for 3 1/2 years. He added that a decision of a previous board or council cannot be overturned.

Sandy Ooms came forward and advised that her house overlooks the dog park. She thinks the aesthetics should be kept nice for everyone. She asked if advertising signage can be installed on public property without approval. Mayor Marotta said “yes, if you are the leaseholder.” Ms. Ooms asked if there was an ethics ordinance prior to the one passed in 2010. Mayor Marotta advised yes and at the present time Vernon Twp. operates under the state statute as to ethics. Mayor Marotta explained how a courtesy hearing before the LUB works. The dog park was only reviewed by the LUB as a courtesy as the property is publicly owned by the Board of Education.

Closed Meeting to the Public





Escrows, Board Fees and Bond Reductions

  1. Board Fees
    1. Board Attorney: Jennifer Kovach, Daggett, Kraemer, Kovach & Gjeslvik
      1. Land Use Board Business: None
    2. Board Planner: Jessica Caldwell, Harold E. Pellow & Associates
      1. Land Use Board Business: ($0)
      2. Noemy Toste: LU# 1-12-2 - Services through 3/1/12 ($141.25)
      3. Toye Real Estate: LU# 11-11-18 - Services through 3/1/12 ($195.75)
    3. Board Engineer: Cory Stoner, Harold E. Pellow & Associates
      1. Land Use Board Business: Services through 2/3/12 to 3/1/12 ($480.00)
      2. KDC Solar: LU# 5-11-11 - Services through 3/1/12 ($330.00)
      3. KDC Solar: LU # 8-11-15 - Services through 3/1/12 ($450.00)
      4. Mountain Creek: Day Lodge - PB# 2-08-2 - Services through 3/1/12 ($60.00)
      5. Market Square Management: LU# 4-11-6 - Services through 3/1/12 ($120.00)
      6. Toye Real Estate: LU# 11-11-18 - Services through 3/1/12 ($402.00)
      7. Noemy Toste: LU# 1-12-2 - Services through 3/1/12 ($174.00)
      8. T-Mobile: LU# 2-12-3 - Services through 3/1/12 ($120.00)
      9. T-Mobile: LU# 2-12-4 - Services through 3/1/12 ($120.00)
      10. Peter & Linda Tczap: LU# 3-12-6 - Services through 3/1/12 ($120.00)
    4. Board Recording Secretary: Cynthia Davis - ($0)
  2. Request for Escrows to be Closed
    1. None

Motion: Mr. Tadrick made a motion to approve of the above Board Fees and Escrows. Mayor Marotta seconded the motion. All were in favor.

Pending Land Use Board Business—Status of Pending Applications

LU# 2-12-3: T- Mobile Northeast, LLC - Conditional Use Site Plan to Maintain One Antenna Concealed within the Existing Roof Cupola

LU# 2-12-4: T- Mobile Northeast, LLC - Conditional Use Site Plan to Maintain One Antenna on the Roof

Both hearings will be on for April 11, 2012.

Land Use Board Discussion Items

Recreational Vehicle Ordinance #12-04

Motion: Mr. Tadrick made a motion to approve of the LUB recommending the passing of this ordinance to the Town Council. Mr. Spoerl seconded the motion. All were in favor.


Motion: Mr. Tadrick made a motion and Mr. Ferrer seconded the motion to adjourn the meeting at 8:10 p.m. All were in favor.

These minutes were transcribed by Cynthia Davis on April 13, 2012.