Minutes: September 14, 2016

Mr. Theobald called the meeting to order at 7:02 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 18, 2016 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 Mayor Shortway and Councilmember Murphy would not be attending because they were unable to hear a use variance and Mr. Tadrick and Ms. Paladini called to say they were unable to attend.

Public Hearings

Board Changed Order of Agenda as Follows

LU# 7-16-5: Waheguru Gas, LLC - Block 145, Lot 1.02, - Minor Site Plan with Use and Bulk Variances to Install a Canopy Over Existing Fuel Pumps

Jim Opfer, Esq. on behalf of the owner requests to put up canopy on parcel and has received township engineer and planner reports for this application. His client wishes to clean up property to make more inviting for visitors entering Vernon and plans to also expand the plans of the original application. Mr. Opfer anticipates being back to the board for final approval pending report comments and revisions planned.

Mr. Stoner explained his review of this application for a canopy is deemed complete with the approval of four waivers. Any plan revisions would need to be reviewed for waiver status.

Mr. Jeffrey Houser of Houser Engineering was sworn in and testified he is a valid licensed engineer who has appeared before the board previously. Mr. Houser states the application before board is for property at 534 Rt. 515, Block 145 Lot 1.02, 1/2 acre in size located in Town Center zone. The property is serviced by a well, and is a 30' x 70' one story structure with three (3) bays for auto repair, two (2) fuel pumps and a small kiosk. The existing property has 90% impervious coverage of pavement, concrete and gravel area. We are proposing a 21' x 52' canopy with a clearance height of 15' and overall height of 18'. Since the front property line is only 5' from pumps due to public right-of-way, the canopy is proposed to be offset so not to encroach on county property. We are also proposing to spread the pumps out and construct a new kiosk. The canopy proposal is an expansion of a non-conforming use, there are bulk variances needed such as front yard setback and impervious coverage as depicted in Exhibit A-1, a rendering illustration shown.

Mr. Opfer explains the color of the canopy will be a pleasing blue with no borders or stripes uniform to Delta standards. Mr. Stoner explains his report that canopy made out of aluminum with internal illumination. Other uses for this property include fuel and propane sales, prepackaged food sales, U-Haul rental and auto repair. Mr. Manjit Bajwa was sworn in and testified and confirmed the pre-existing and non-confirming uses of the site, the gas and convenience store is one tenant and the auto repair and U-Haul is another tenant. Mr. Stoner confirmed lighting details must be recessed, not hanging with no flow out of canopy and entire property light level details must be documented. Signage details were discussed with township ordinance in mind for conformance. New canopy has proper clearance and will not change how fuel delivered to site. Mr. Houser will have signage plan for entire site, all exterior signs, at next meeting. Client has proposed to clean up site, paving front and side and keeping gravel area in back and Mr. Stoner asks for designation of lines on plan of parking, rental trucks, employee, and fencing. Mr. Houser is asked to check on history of U-Haul as a separate use on the property. Mr. Opfer says to plan is to clean up site and want to enlarge the plan to improve the visuals. Proposed paving will also be shown on new revised plans. Due to county right-of way, area for landscaping improvements are limited but can be done. Mr. Opfer states proposed canopy footings will be constructed with building permit.

Ms. Caldwell reiterated this application is an expansion of non-conforming use in Town Center and requirements per the sign ordinance, delineate parking as well as lighting and landscaping needs. Mr. Spoerl confirmed with applicant that paving would be done in front from south end to north end and then 515 to back of building and gravel area in back would remain and suggested shrubs or fencing be used to shield storage. Applicant was asked if building would be painted and Mr. Opfer said yes, least expense with greatest effect and added the roof is new.

Chairperson Theobald asked if anyone from public wished to speak. There being none.

Mr. Kienz asked the board for motion to carry the application to October 12, 2016 and give permission for applicant to meet with Mr. Stoner and Ms. Caldwell to finalize plans to be submitted at that time. Mr. Kienz added that requested plan revisions need not be drawn up by licensed planner. No further additional notice is needed and applicant shall have completed plans to board prior to meeting to review.

Motion: A motion to carry the application to October 12, 2016 was made by Andrea Cocula and seconded by Mr. Spoerl. All in favor.

Application carried to October 12, 2016.

LU# 7-16-7: LGWS, Inc., Block 261, Lot 5, - Site Plan for Proposed Overall Existing Sign Identification

Megan Ward, attorney for the applicant, came forward with Eric Keller, professional engineer for the applicant. Mr. Keller was sworn in and testified a submission of a signage plan, Exhibit C-1,that documents all existing signage as well as proposed additions. Mr. Keller explained banner sign will be to announce new management and will not be permanent, two sandwich signs to be displayed during business hours only, and described signs, (lottery, hours open, payment types, ATM, and security) on three windows, which are necessary to the business, total 13.2 sq. ft. Ms. Caldwell questions if the repetitive signs are necessary as it looks very cluttered. Mr. Keller agreed to discuss with client to eliminate duplicates. Mr. Keller stresses his client wants to improve the site aesthetically and will work to remove excess signage.

Board also commented that propane storage area in back has two signs, which proposed total 20.4 sq. ft., one on each unit and requests if one can be removed. Mr. Kienz noted the revised plans must meet allowable sq. footage per the sign ordinance. Mr. Stoner added the size of the proposed new sign, Exhibit A-2, is 20' 3" in height or 65.449 sq. ft, which is beyond ordinance but smaller than previous one. Mr. Kienz states that once a sign is removed any new sign must meet current restrictions but per applicant existing sign was approved in the site plan portion of this application and due to age was unable to be repaired. Ms. Cocula doesn’t agree that Vernon allows a sign that is twice as big as ordinance. Mr. Keller states this size is standard to most gas station signs and Ms. Caldwell adds this sign is smaller than typical. Ms. Cocula then adds the Vernon must change ordinance for future so we can fit to the standard.

Mr. Keller stated that all signs on the property including the pumps, Exxon sign, projecting sign, light pole, canopy and pylon signs, total 166.06 sq. ft. which is under what ordinance permits. Mr. Kienz asked for legal confirmation that the total sq. ft. requested is under what the ordinance allows? Mr. Keller said yes. Ms. Caldwell stated the total permitted is less than what is there now and applicant did good job at minimizing signs per plans providing board is agreeable to it. Ms. Caldwell and Mr. Stoner would like specific plan as to location so when zoning officer inspects there will be clear guidelines of what was approved. Mr. Kienz adds sizes of all signs must be documented subject to final approval of engineer and planner and made part of LUB file for zoning officer’s final inspection.

Motion: A motion was made by Mr. Spoerl and seconded by Mike Whittaker subject to booklet of sign detailed sizes and locations and also subject to engineer’s and planner’s approval. Applicant not need to come back to board for further approval. ROLL CALL: WEXLER: Y, THEOBALD: Y, SPOERL: Y, COCULA: N, ROLANDO: Y, MCPEEK: Y, WHITAKER: Y.

Public Participation

Meeting opened for public participation and there being none, meeting closed to public participation.

Resolutions

LU# 7-16-7: LGWS, Inc., Block 261, Lot 5, - Minor Site Plan with Use and Bulk Variances to Install a Canopy Over Existing Fuel Pumps and Relocate the Existing Freestanding Sign

Motion: A motion was made to approve the above resolution by Ms. Cocula and seconded by Ms. Wexler. ROLL CALL: WEXLER: Y, THEOBALD: Y, COCULA: Y, ROLANDO: Y, WHITAKER: Y. Passed.

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

Mr. Stoner commented he and some members of the environmental commission met on site of NWAC on September 11, 2016 to inspect outstanding concerns. Per hand out given to board, owners requested change in original approval, minor deviation of plan. NWAC wants to move offices and conference room from old building and put them on second floor of new building and also add windows to be more appealable from outside. Letter from owner’s attorney states no change in operations and increased space in new building will be for children’s activities. Mr. Stoner asks for board’s guidance for approval of minor change.

Ms. Wexler adds the environmental concerns regarding paving, drainage problems have been fixed and are working to address the DEP issues concerning the snow making equipment and stream buffers. Mr. Stoner states drainage has been changed to tie into drain pipe to reduce major washouts or excess water flowing onto Curtis Drive or Breakneck Road. Lighting was questioned if stadium lights were approved but the revised lighting plan for this site was given to the engineer and planner and the engineer will inspect for compliance.

Minutes

August 10, 2016: Regular Meeting Minutes

Motion: A motion was made to approve the above minutes by Mrs. Cocula and seconded by Ms. Wexler. ROLL CALL: WEXLER: Y, THEOBALD: Y, COCULA: Y, ROLANDO: Y, WHITAKER: Y, NIEVES: 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 7/29/16 ($624.00)
      2. NWAC: LU# 6-15-6 - Services through 7/25/16 ($96.00)
      3. Lake Community Property Owners: LU# 11-15-13 - Services through 7/22/16 ($112.00)
      4. Waheguru Gas LLC: LU# 7-16-5 - Services through7/12/16 ($45.00)
      5. LGWS, Inc.: LU#7-16-7 - Services through 7/18/16 ($45.00)
      6. Anthony DeGregorio: LU# 7-16-6 - Services through 7/25/16 ($141.00)
   2. Board Planner: Jessica Caldwell, J. Caldwell & Associates
      1. Land Use Board Business: Services through 7/19/16 ($234.00)
      2. MNA Vernon Realty: LU# 6-15-5 - Services through 7/12/16 ($468.00)
      3. LGWS, Inc.: LU#7-16-7 - Services through 7/27/16 ($994.50)
      4. Waheguru Gas LLC: LU# 7-16-5 - Services through 7/18/16 ($585.00)
   3. Board Engineer: Cory Stoner, Harold E. Pellow & Associates
      1. Land Use Board Business: Services through 7/27/16 ($156.25)
      2. MNA Vernon Realty: LU# 6-15-5 - Services through 7/27/16 ($531.25)
      3. NWAC: LU# 6-15-6 - Services through 7/25/16 ($62.50)
      4. Waheguru Gas LLC: LU# 7-11-5 - Services through 7/18/16 ($94.40)
      5. Anthony DeGregorio: LU# 7-16-6 - Services through 7/25/16 ($282.50)
   4. Board Recording Secretary—Carole Baksa - ($67.50)

Motion: A motion was made to approve the above board fees by Ms. Cocula and seconded by Ms. Wexler. All were in favor. Passed.

2. Request for Escrows to Be Closed
   1. FLME Inc. The George Inn: LU# 4-11-7 - Concept Plan - Request for Escrow to Be Released ($250.00)

Motion: A motion was made to approve the release of escrow by Ms. Cocula and seconded by Mr. Spoerl. All were in favor. Passed.

Adjournment

There being no more business a motion made by Andrea Cocula to close the meeting was seconded by Diane Wexler and all board members were in favor. The meeting was adjourned at 8:52 p.m.

Minutes were transcribed by Irene Mills on October 1, 2016.