Minutes: May 13, 2015

Mr. Tadrick called the meeting to order at 7:03 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

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

Affordable Housing

Mr. Kienz discussed the affordable housing issues facing Vernon Township. At this time he was not sure what category Vernon was in. Ms. Decker informed the board that Mayor Marotta is working on the plan for Vernon to follow. Mr. Kienze advised that Vernon file a declaratory judgment.

Public Hearings

LU# 4-15-2: Mountain Creek Resort, Inc. - Block 231, Lot 12, - Minor Subdivision with Use & Bulk Variances

Mountain Creek Resort believed they were on the agenda for 7:30. An informal review was presented by Bernd Hefele, attorney for Mountain Creek. The property is 16-1/2 acres located in a CR zone. The subject (Urgent Care) owned by Atlantic Health will sit on approximately one acre after the subdivision is approved. The reason the applicant is asking for a minor subdivision is for future financing purposes. It will allow the applicant to have financial flexibility. He explained that this subdivision will “clean up” the small lot lines as well, taking the five lots and making it into two lots. Urgent Care is currently lot 12 and will remain so at the request of the assessor. The rest of the property will be lot 12.01.

7:30 p.m. Bernd Hefele attorney for the applicant was sworn in by Mr. Kienz.

Mr. Hefele fielded questions from the board. Mr. Spoerl asked if this lot became a separate lot can Mountain Creek bring patients to this facility. Mr. Hefele stated that it depended on whether a patient needed an ambulance. Ms. Cocula stated that once an ambulance becomes involved a patient must go to the local hospital. Mr. Spoerl expressed a concern with the number of parking spots.

Two witnesses were sworn in by Mr. Kienz:
Mario Ianelli, licensed engineer
Tsbia Abar, senior planner

Mr. Ianelli presented an exhibit of the subdivision. Mr. Stoner’s report included all recommendations in the exhibit, except the slope. This will be addressed in the final plan.

Ms. Abar stated that the property is in a CR zone which the urgent care is not allowed to be in however was approved to be so in June 2013. The use will remain unchanged, just the boundaries are changing. No detrimental changes will occur, there will be no increase in the number of uses, and no changes in the environmental use will occur.

Motion: Ms. Cocula made a motion to approve the minor subdivision with use & bulk variances. Ms. Wexler seconded the motion. Roll Call: Wexler -Y, Spoerl - N, Tadrick - Y, Cocula -Y, Paladini -Y, Nieves -Y, Raperto - Y. Passed.

Resolutions

LU# 2-15-1: Edward Malec - Block 140, Lot 1.01, - Use Variance with Conditional Use Approval and Waiver of Site Plan

Eligible to vote: Wexler, Theobald, Spoerl, Tadrick, Paladini, Hack, Rolando

Motion: Ms. Wexler made a motion to approve. Ms. Paladini seconded the motion. Roll Call: Wexler - Y, Spoerl -Y, Tadrick - Y, Paladini - Y. Passed.

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

Annual Update of N.J.S.A. 40:55D-70.1 - 2014 Recommendations Zoning Board Reports to the Planning Board

Motion: Ms. Paladini made a motion to approve. Ms. Wexler seconded the motion. All were in favor.

Minutes

March 11, 2015: Regular Meeting Minutes (Wexler, Theobald, Spoerl, Tadrick, Paladini, Hack, Rolando)

Motion: Mr. Tadrick made a motion to approve the minutes. Ms. Paladini seconded the motion. Roll Call: Wexler - Y, Spoerl - Y, Tadrick -Y, Paladini -Y. Passed.

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 2/20/15 ($64.00)
      2. Land Use Board Business: Services through 3/30/15 ($94.50)
      3. Land Use Board Business: Services through 3/24/15 ($224.00)
      4. First Hartford: LU# 5-14-4 - Services through 2/20/15 ($1,424.00)
      5. First Hartford: LU# 5-14-4 - Services through 3/19/15 ($937.00)
      6. Carolyn Chave: LU# 10-14-9 - Services through 3/30/15 ($89.00)
      7. Benjamin Toussaint: LU# 7-14-6 - Services through 3/11/15 ($137.00)
      8. Edward Malec: LU# 2-15-1 - Services through 3/11/15 ($64.00)
   2. Board Planner: Jessica Caldwell, J. Caldwell & Associates
      1. Land Use Board Business: Services through 2/20/15 ($345.00)
      2. Land Use Board Business: Services through 3/11/15 ($115.00
      3. First Hartford: LU# 5-14-4 - Services through 2/6/15 ($402.50)
      4. Edward Malec: LU# 2-15-1 - Services through 2/27/15 ($517.50)
      5. Mountain Creek: LU# 4-15-2- Services through 4/29/15 ($460.00)
   3. Board Engineer: Cory Stoner, Harold E. Pellow & Associates
      1. Land Use Board Business: Services through 2/25/15 ($581.88)
      2. Land Use Board Business: Services through 4/2/15 ($122.50
      3. First Hartford Realty: LU# 5-14-4 - Services through 2/24/15 ($1,113.75)
      4. First Hartford Realty: LU# 5-14-4 - Services through 4/2/15 ($1,041.25)
      5. KDC Solar LLC: LU# 8-11-15 - Services through 2/4/15 ($306.25)
      6. KDC Solar LLC: LU# 8-11-15 - Services through 3/17/15 ($144.50)
      7. Benjamin Toussaint: LU# 7-14-6 - Services through 3/10/15 ($245.00)
   4. Board Recording Secretary: Colleen Ragnetti - ($60.00)
2. Request for Escrows to be Closed
   1. New Cingular Wireless, LLC: Co-Location #1 - Block 190, Lot 20.13, - Request for Escrow to Be Released ($880.00)
   2. LU# 1-14-2: New Cingular Wireless, LLC - Block 94, Lot 2, - Request for Escrow to Be Released ($384.50)
   3. LU# 1-14-3: New Cingular Wireless, LLC - Block 184, Lot 13, - Request for Escrow to Be Released ($425.75)
   4. ZB# 4-04-10: United Telephone of NJ, Inc. d/b/a Century Link - Block 190.01, Lot 24, - Request for Escrow to Be Released (2,420.35)
   5. LU# 8-13-5: William Ludwig - Block 268.01, Lot 65-73, - Request for Escrow to Be Released ($117.50)

Motion: Ms. Cocula made a motion to approve board fees. Ms. Paladini seconded the motion. Roll Call: Wexler -Y, Spoerl -Y, Tadrick -Y, Cocula -Y, Paladini -Y, Nieves -Y, Raperto -Y. Passed.

Adjournment

Motion: Ms. Cocula made a motion to adjourn at 8:02 p.m. Mr. Spoerl seconded the motion. All were in favor.