Minutes: August 12, 2015

Call to Order

Meeting came to order at 7:03 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 21, 2015 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

Public Participation

Open Meeting to the Public for Items Other than Those Listed on the Agenda

No member of the public came forward.

Close Meeting to the Public

Public Hearings

LU# 6-15-9: Sandra Kreutzer - Block 230.19, Lot 6, - Variance for Front Yard, Side Yard and Lot Coverage to Build a Garage and Family Room Addition

Sandra Kreutzer was sworn in by township attorney Mr. Kienz. Mrs. Kreutzer would like to build an addition for a family room along with a garage. They are requesting a variance for front yard and side yard setbacks to complete the project. The driveway will be entirely on their property. The swimming pool does not exist anymore and the deck steps will be readjusted to face the back of the property. Mr. Kreutzer presented a plot plan with the location of the septic.

The meeting was opened to the public.

No member of the public came forward.

Motion: Mr. Rolando made a motion to approved the above variance. Mr. Tadrick seconded the motion. Roll Call: Theobald -Y, Tadrick -Y, Paladini -Y, Rolando -Y, Nieves -Y, Raperto -Y. PASSED.

Councilman Rizzuto was not able to vote because he arrived late to the meeting.

The applicant asked for a waiver of the resolution. All were in favor.

LU# 6-15-5: MNA Vernon Realty, LLC - Block 141, Lot 10.02, 10.04, & 10.05, - Preliminary and Final Site Plan with Variances for a Taco Bell Restaurant

Kristi Raperto stepped down from this application.

David Wallace representing the Taco Bell application presented the application starting with discussion about a driveway that involved Mr. Baldwin’s (township resident) driveway. They are proposing access to Dunkin’ Donuts which would be a shared driveway. In order to do that it would involve taking part of Mr. Baldwin’s property. He felt that any issues that Mr. Baldwin has can be reasonably handled.

Mr. Stoner started off explaining that a subcommittee met and discussed the idea of tying everything together. He felt that their site plan somewhat mirrors what the subcommittee discussed. Taco Bell asked for waivers.

A motion was made by Mr. Tadrick to approve the waivers with the board having the right to request additional information if needed. Ms. Paladini seconded the motion.

Mr. George Gloede was sworn in by Mr. Kienz. He presented the preliminary site plan. He explained that the property for the future Taco Bell is located in the town center area of Vernon. An exhibit of the plan was presented to the board. The exhibit explained the location and where everything is on the site or near the site. The driveway will be a spilt driveway with an island location on the driveway however this would involve usage of part of Mr. Baldwin’s driveway. However, Mr. Baldwin objects to having the driveway be part of his property. He explained that there would be 31 parking spaces, however only 14 spaces are required per the ordinance. The exhibits showed storm drainage and location of dumpsters, delivery areas, drive thru location, and that delivery trucks will not be tractor trailers. Mr. Theobald explained that if Coke or Pepsi make deliveries they use tractor trailers. The applicant has a different traffic pattern then Dunkin’ Donuts. Taco Bell’s peak hours are the afternoon hours.

The board asked about the stacking of traffic, which is shown on sheet four. The applicant felt that their parking lot would allow for seven cars (stacking) which would keep the traffic from backing up on Rt. 94. Mr. Theobald felt that the cars could not get to a parking spot if the drive thru is stacked with seven cars and this would cause a backing of cars on Rt. 94. Mr. Theobald continued with questions about the actual parking that would be supplied and how many people working there would be using the spaces. Mr. Theobald assured the applicant that the board was trying to resolve the issue of any possible backup of traffic on Rt. 94.

Mr. Kienz swore in two professionals from Taco Bell. Mr. Kienz asked them both to explain the way Taco Bell operates. Mr. Cameron explained the time process and time it takes from the moment that someone orders and actually receives their food. He also compared it to the time frame that Dunkin’ Donuts takes in serving their customers. Discussions continued about the parking and possible traffic problems with the board and professionals.

The applicant explained the time frame that takes place from the moment they order to when they get the food. They explained that five to six people would be working during a shift. Mr. Stoner felt comfortable with the parking layout presented by the applicant. He feels that the plan is the best they could do with the site they have to work with. One of the concerns by the board was the fact that tractor trailers would be making deliveries and would they have the room to get into the parking and be able to pull out safely. The applicant explained that if the town has a resolution not allowing tractor trailers that they would abide by the rule and smaller trucks would make the deliveries.

Mr. Kienz feels that all the concerns that the board has expressed is something the applicant should revisit at a future meeting. He suggested that the applicant needs to come back with more solid testimony, and that the board needs to be satisfied with all conditions so as not to end up with another Dunkin’ Donuts. Most specifically the parking, amount of cars that will fit, and whether tractor trailers would make deliveries need to be solidified to the board. A traffic study still needs to be completed and presented to the board. No traffic counts have been done yet. Peak hours of the business were discussed.

Mr. Jim Schmidt, area coach for Taco Bell, was sworn in by Mr. Kienz. He was asked about the number of customers per hour during peak hours. He feels that 320 customers per day would patronize this restaurant. He feels that about 60 customers would be served during lunch. Discussions continued about the parking and the amount of traffic.

Landscaping testimony was given with various plantings and trees planned for the site. The site will include a board on board fence. Mr. Kienz questioned if the fence meant any ordinances. Ms. Caldwell said the town has guidelines as far as to what kind of fencing is allowed in the town center. Mr. Theobald suggested that the applicant redo the landscaping/fencing plan to adhere to all Vernon Township guidelines. Also the board asked that the plan include the proper lighting that is approved by the board and the plan for the town center. Ms. Caldwell said they need a design buffer waiver for the side near the historical building as well as some buffering in the parking lot.

As explained by Mr. Cameron, the building will be built with hardy plank exterior and culture stone. His exhibit showed pictures of lighting. Ms. Caldwell explained which lighting would be allowed and that anything that the applicant needs to change would require a variance. Ms. Caldwell asked that the applicant bring in a color rendering and what color is actually planned for the building.

The meeting was opened to the public.

Mr. McGee and Mr. Baldwin came forward. Mr. Kienz swore in Mr. Baldwin. Mr. Baldwin owns the property next to the applicant’s site for Taco Bell. Mr. McGee spoke for Mr. Baldwin and explained that Mr. Baldwin does not oppose Taco Bell. Mr. Baldwin’s concern is more about privacy and not having headlights shine on his property. Mr. Baldwin is asking for more plantings, etc. to create a privacy block of his property. Issues were discussed about Mr. Baldwin’s driveway and the way the survey showed the placement of the driveway and the right of way. He was asked if he would be willing to sell the property that Taco Bell would possibly need for their driveway. Mr. Baldwin would be willing to sell all of his property at an appropriate price, but he is not willing to sell just the right of way.

The meeting closed with a decision that the applicant would need to return. Mr. Kienz felt that the application was not complete and felt that a lot of work needed to be done by the applicant. The plans need to comply with the ordinances. There needs to be DOT approval.

This application will be carried to September 9th with no further notice.

Meeting was opened to public.

Meeting was closed to the public.

LU# 6-15-8: Wilson Facility Management Services - Block 232, Lot 17 & 17.01, - Preliminary and Final Site Plan with Variances for Asphalt Maintenance Offices, Maintenance Facilities for Its Own Equipment and Outdoor Storage of Equipment

Councilman Rizzuto stepped down and took no part in the application.

Ira Weiner, from the law firm of Beattie Padovano, LLC, came forward. He explained they received a letter from Mr. Stoner and after viewing the letter felt it would be necessary to re-design the buildings and change/conform the project somewhat. Mr. Stoner felt that the building was a bit too close to the road. They feel they could work off of Mr. Stoner’s report as well as Ms. Caldwell’s recommendations involving landscaping which will make the application a better application for the board to review. Mr. Weiner told the board that the next time they come to the land use board they will be prepared to present their application. He requested that the application be carried until September 9th meeting.

Motion: Mr. Tadrick made a motion to carry the above application to Sept 9th. Ms. Paladini seconded the motion. All were in favor.

Resolutions

LU# 5-15-6: National Winter Activity Center - Block 192.02, Lot 19 & 25, - Final Site Plan to Redevelop the Existing Site

Motion: A motion was made by Ms. Paladini to approve the above resolution. Mr. Nieves seconded the motion. Roll Call: Paladini -Y, Nieves -Y, Raperto -Y. PASSED.

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

None

Minutes

July 22, 2015: Regular Meeting Minutes (Marotta, Wexler, Spoerl, Cocula, Paladini, Rolando, Nieves, Raperto)

Motion: A motion was made by Ms. Paladini to approve the minutes. Mr. Nieves seconded the motion. All were in favor.

Appendix A: Escrows, Board Fees, Bond Reductions and Escrow Closures

1. Board Fees
   1. Board Attorney: Glenn Kienz, Weiner Lesniak LLP
      1. Land Use Board Business: ($0)
   2. Board Planner: Jessica Caldwell, J. Caldwell & Associates
      1. Land Use Board Business: Services through 7/8/15 ($460.00)
      2. MNA Vernon Realty: LU# 6-15-5 - Services through 7/24/15 ($402.50)
      3. National Winter Act.: LU# 6-15-6 - Services through 7/21/15 ($2,300.00)
      4. Wilson Facility Mang.: LU# 6-15-8 - Services through 7/27/15 ($1,265.00)
      5. Sandra Kreutzer: LU# 7/15/9 - Services through 7/27/15 ($345.00)
   3. Board Engineer: Cory Stoner, Harold E. Pellow & Associates
      1. Land Use Board Business: Services through 6/10/15 ($398.13)
      2. Melissa Obrotka: LU# 5-15-4 - Services through 7/2/15 ($245.00)
      3. MNA Vernon Realty: LU# 6-15-5 - Services through 6/18/15 ($1,259.13)
      4. National Winter Act.: LU# 6-15-6 - Services through 7/1/15 ($245.00)
      5. KDC Solar: LU# 8-11-15 - Services through 6/16/15 ($352.00)
      6. Advanced Self Storage: LU# 10-12-13 - Services through 6/12/15 ($176.00)
      7. First Hartford: LU# 5-14-4 - Services through 6/19/15 ($1,260.00)
      8. Daniel Kadish: LU# 4-15-3 - Services through 6/10/15 ($551.25)
   4. Board Recording Secretary: Colleen Ragnetti - ($240.00)

Motion: A motion was made by Mr. Tadrick to approve the board fees. Ms. Paladini seconded the motion. All were in favor.

2. Request for Escrows to be Closed
   1. None

Adjournment

Mr. Tadrick made a motion to adjourn the meeting. Councilman Rizzuto seconded the motion. All were in favor.

These minutes were transcribed by Colleen Ragnetti on August 30, 2015.