Minutes: March 11, 2015

Martin Theobald called the meeting to order at 7:00 p.m.

Call To Order

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

Mayor Marotta and Councilman Rizzuto were not present due to the application being presented was for a use variance. Andrea Cocula and David Nieves stepped down.

Public Participation

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

No one came forward

Public Hearings

LU# 2-15-1: Edward J. Malec - Block 140, Lot 1.01, - Conditional Use Variance for Motorcycle Repair and Sales

Edward Malec was sworn in by Mr. Kienz. Mr. Theobald explained to Mr. Malec that he would give his testimony as to why the board should approve the variance for a motorcycle and repair/sales shop. Mr. Malec stated that he was there primarily for the variance portion and felt that Vernon Township would benefit by having a motorcycle repair and sales business in town.

Ms. Caldwell, Board Planner submitted a report on February 27, 2015. In her report she stated that the site is a C2 zone. Everything is pre-existing on the property, and the site was a silk screen business at one time. The retail use is permitted. All sales will be inside the building. Mr. Malec stated that all products will remain inside the building. Ms. Caldwell explained that no changes will occur in the building aside from the signage. The site meets all of the C2 requirements. Ms. Caldwell also explained that all other agency approvals must be satisfied. Ms. Caldwell explained that Mr. Malec must meet the criteria to handle any waste products. Mr. Malec assured the board that they have a waste company to handle all gas, oil, etc. products. No gas pumps or storage will be on the site. Ms. Caldwell’s report included whether the motorcycles would be considered registered vehicles. Mr. Malec explained that there will not be any test drives on the new vehicles. Ms. Caldwell concluded her report followed by Mr. Kienz explaining to the board that they would be approving a unique thing for the town and that applicant would need 5 out 7 votes for approval.

Meeting Was Opened to the Public

Tom Koch member of the public came forward. He was sworn in by Mr. Kienz. Tom Koch was representing Sirius XM Radio. They do not oppose the business. He expressed a concern about anyone using property owned by Sirius for usage of motorcycles or ATV vehicles. He asks the board use any influence they have that current signage regarding trespassing remain and that Sirius will also install No Trespassing signs.

No other members of the public came forward.

Meeting Was Closed to the Public

Motion: Mr. Rolando made a motion to approve the conditional use variance. Mr. Tadrick seconded. Roll Call: Wexler -Y, Theobald -Y, Spoerl -Y, Tadrick -Y, Paladini -Y, Hack -Y, Rolando -Y. PASSED

Mr. Malec asked for a waiver of the resolution to start the permitting process.

Motion: Mr. Tadrick made a motion to approve the waiver of resolution. Ms. Paladini seconded. Roll Call: Wexler -Y, Theobald -Y, Spoerl -Y, Tadrick -Y, Paladini -Y, Hack -Y, Rolando -Y. PASSED

Resolutions

Appointing and Retaining Board Attorney
Appointing and Retaining Board Engineer
Appointing and Retaining Board Planner

Motion: Mr. Spoerl made a motion to approve the resolutions. Ms. Wexler seconded the motion. Roll Call: Wexler -Y, Theobald -Y, Spoerl -Y Tadrick -Y, Cocula -Y, Paladini -Y, Hack -Y, Rolando -Y, Nieves -Y. Passed.

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

Ordinance 15-01: Amending the Zoning Map Updated Rules and Regulations of the Land Use Board

Motion: Ms. Cocula made a motion to approve Ordinance 15-01. Ms. Paladini seconded the motion. All were in favor.

Mr. Kienz recommended to the board that they should all read and adopt the updated by-laws.

Motion: Ms. Paladini made a motion to approve the updated by-laws. Ms. Cocula seconded the motion. All were in favor.

Minutes

January 14, 2015: Reorganization Meeting Minutes (Marotta, Wexler, Rizzuto, Theobald, Spoerl, Tadrick, Cocula, Paladini, Hack)

Motion: Ms. Cocula made a motion to approve the reorganization minutes. Mr. Spoerl seconded the motion. All were in favor.

January 14, 2015: Regular Meeting Minutes (Marotta, Wexler, Rizzuto, Theobald, Spoerl, Tadrick, Cocula, Paladini, Hack)

Motion: Ms. Paladini made a motion to approve the regular meeting minutes. Mr. Tadrick 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: Services through 12/10/14 ($496.00)
      2. Land Use Board Business: Services through 1/30/15 ($518.17)
      3. First Hartford: LU# 5-14-4 - Services through 12/17/14 ($560.00)
      4. First Hartford: LU# 5-14-4 - Services through 1/30/15 ($624.00)
      5. Carolyn Chave: LU# 10-14-9 - Services through 12/10/14 ($48.00)
      6. Carolyn Chave: LU# 10-14-9 - Services through 1/7/15 ($336.00)
      7. Danny Thoma: LU# 6-14-5 - Services through 9/4/14 ($368.00)
   2. Board Planner: Jessica Caldwell, J. Caldwell & Associates
      1. Land Use Board Business: ($0)
      2. First Hartford: LU# 5-14-4 - Services through 1/9/15 ($230.00)
   3. Board Engineer: Cory Stoner, Harold E. Pellow & Associates
      1. Land Use Board Business: Services through 12/11/14 ($306.25)
      2. Land Use Board Business: Services through 1/29/15 ($306.25)
      3. First Hartford Realty: LU# 5-14-4 - Services through 12/10/14 ($1255.63)
      4. First Hartford Realty: LU# 5-14-4 - Services through 1/12/15 ($612.50)
      5. KDC Solar LLC: LU# 8-11-15 - Services through 12/22/14 ($782.50)
      6. KDC Solar LLC: LU# 8-11-15 - Services through 1/20/15 ($685.00)
      7. Toye Real Estate: LU# 11-11-18 - Services through 12/10/14 ($980.01)
      8. Toye Real Estate: LU# 11-11-18 - Services through 1/9/15 ($245.00)
      9. Mountain Creek: PB# 2-91-4 - Services through 12/17/14 ($183.75)
   4. Board Recording Secretary: Colleen Ragnetti - ($45.00)

Motion: Ms. Cocula made a motion to approve board fees. Mr. Tadrick seconded the motion. All were in favor

2. Request for Escrows to be Closed
   1. ZB# 7-06-13: Helmi Ismal - Block 148, Lot 13, - Use Variance - Request for Escrow to Be Released ($65.60)
   2. Sprint Co-Location #5: Sprint Corporation - Block 141, Lot 16.02, - Replacement of Three (3) Antennas - Request for Escrow to Be Released ($543.25)

Motion: Ms. Cocula made a motion to release the above escrows. Mr. Tadrick seconded the motion. All were in favor.

Adjournment

Mr. Tadrick made a motion to adjourn the meeting at 7:44 p.m. Ms. Paladini seconded the motion. All were in favor.

These minutes were transcribed by Colleen Ragnetti on March 25, 2015.