Minutes: July 10, 2019

Call to Order

Meeting was called to order by Chairman Theobald at 7:04 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 14, 2019 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

Chairman Theobald led the assemblage of the flag.

Chairman Theobald stated that Mr. Tadrick informed the board that he was out of town and unable to attend the meeting.

Public Hearinggs

LU# 5-13-2: Theta 456 Assoc. - Block 141.02, Lots 4, 5, 6, - Preliminary/Final Major Site Plane & Bulk Variance for Age Restricted Housing - Extension of Approval

Chairman Theobald stated that he must step down from hearing this application. Vice Chairman Spoerl presided over the meeting.

Mr. Steven McGee, Esq. came forward with Craig Rolando who was sworn in to testify on application LU #5-13-2 requesting extension of time to prior approval. Mr. Rolando stated application had been previously extended due to delay in obtaining commitment from Suez for water capacity for project. He stated architectural plans and financing were unable to be secured until Suez could provide commitment longer than one year for water capacity. Mayor Shortway commented the township is in favor of the project but the commitment from Suez is needed as there are other developers interested in the town center area needing water capacity. He added many senior citizens have approached him expressing their interest in the project. Mr. Rolando stated he understands the upgrade of the Suez pump system to give more volume in this area is needed. Mr. Stoner explained issue is multifaceted and revolves around upgrade to pumps to bring more water into town center and also options to install a water tank in this area. He added that there is only a certain amount of capacity so if this project does not move forward, another could come in and take it.

Mr. Rolando is requesting board to grant a three year extension to the project to secure the commitment from Suez, obtain financing to move the project forward. Mr. Stoner explained that water is limited in the town center area without the system upgrades. Mayor Shortway suggested the applicant apply for a PILOT (Payment in Lieu of Taxes) agreement with the township as the town center has been designated as an area in need of redevelopment. Mayor Shortway explained the PILOT is negotiated per project proposed which encourages development and saves money at beginning of construction. Mayor added the project will create EDUs needed for the wastewater utility as well. Attorney Kienz suggested applicant speak to the mayor directly about PILOT program.

Vice Chairman Spoerl opened the application for public comments. Seeing no one wishing to come forward, Vice Chairman Spoerl closed the application to the public.

Motion: A motion was made to approve LU# 5-13-2 by Mr. Williams and seconded by Ms. Cocula.

ROLL CALL: SHORTWAY: Y; WILLIAMS: Y; AUBERGER: Y; SPOERL: Y; MCPEEK: Y; COCULA: Y; WHITAKER: Y; MITCHELL: Y; MELE: Y.
Motion passed to approve three year extension to LU #5-13-2.

Chairman Theobald returned to meeting. Mayor Shortway and Council Member Auberger stepped down from use variance application LU #6-19-5.

LU# 6-19-5: Paul Romano - Block: 12, Lot: 29, - Use and Bulk Variances to Permit Two Separate Residential Homes on a Single Parcel in the R-1 Zone

Mr. Paul Romano, Esq., applicant, came forward with Kenneth Wentink, engineer, planner & surveyor and both were sworn in to testify on use and bulk variance application to permit two separate residential homes on a single parcel in the R-1 zone. Mr. Romano explained purpose of 20' x 30'accessory structure will serve mother’s life as habitable dwelling until such time she no longer needs the dwelling; it then will be converted into a garage. He added the structure will be tied into existing septic system as per agreement with Sussex County Health Department. Per a signed affidavit by applicant, the primary house must abandon the existing fourth bedroom to allow the proposed structure to have one bedroom and the primary house may only be marketed or sold as a four-bedroom residence. Mr. Romano stated he wants to keep his mother close during her senior years and noted many family and friends are here to support her.

Mr. Stoner referred to his report for the application noting that minor items that need to be waived for completeness include existing topography/grading of property; delineation of environmentally sensitive areas; utility plans. Board members agreed to allow waivers needed for completeness of application.

Mr. Stoner explained application is to allow a 20' x 30' accessory structure be constructed for purpose of a second temporary residence on the property which will require a use variance. The existing house is existing non-conforming and new structure will require variance for increase lot coverage of 15.4% when 15% is the maximum and variance for side yard setback of 6 feet where 15 feet is needed.

Mr. Wentink testified that property borders state owned land and proposed structure will be built at end of exiting driveway for ease when converted into a garage. He added yard is primarily flat and any added runoff from proposed structure will be directed away from adjacent property.

Mr. Romano noted that floor plans were designed from a carriage house style which displayed a stairwell but explained there will be no stairs in the proposed one story structure. Mr. Romano explained height of structure will be no more than 15' high with 12 pitch. Mr. Kienz explained to applicant that should structure be connected to existing house by breezeway, maximum height could be up to 35'. Mr. Romano added proposed structure is to be detached including a small kitchen, one bathroom, one bedroom and living area. Mr. Stoner explained applicant has options to connect or detach, both will require a side yard setback variance. Mr. Romano noted that based on existing sidewalk and driveway, detached will be more practical. Mr. Wentink explained if structure was moved closer to house to avoid setback variance, it would interfere with driveway. He added the siding and roof material would be aesthetically pleasing and match with existing residence.

Attorney Kienz swore in township planner Mr. Owen Bonnet. Mr. Bonnet commented that as a use variance, applicant will need to satisfy both the positive criteria and inherent benefit of the application. Attorney Kienz explained applicant has two options to connect the structure or detach. Mr. Williams noted the breezeway will provide shelter during inclement weather. Mr. Romano explained he would be unable to attach parallel to the garage door because of existing sidewalk causing mother to have to climb stairs to enter which serves no practical benefit. Mr. Romano explained once mother is no longer using the structure, the five demising walls will be removed leaving entire space open for garage.

Chairman Theobald opened the application to the public for comments. Seeing no one wishing to come forward, Chairman Theobald closed the application to the public.

Attorney Kienz explained application is for a use variance on an interim basis tied to life estate of mother of property owner and also requires a side yard setback variance and impervious coverage variance. Attorney Kienz stated applicant is bound by signed affidavit for agreement with the Sussex County Health Department allowing structure to tie into existing septic system with condition that parcel will never be marketed or sold more than a four-bedroom residence. He added affidavit will be recorded with memorializing resolution and that siding, and roof will be substantially similar to primary residence.

Motion: A motion was made to approve LU # 6-19-5 by Mr. Williams and seconded by Mr. Spoerl.

ROLL CALL: WILLIAMS: Y; SPOERL: Y; MCPEEK: Y; COCULA: Y; WHITAKER: Y; MITCHELL: Y; THEOBALD: Y.
Motion passed to approve LU #6-19-5.

Mr. Romano waived the receipt of resolution to proceed with application at his own risk.

Council Member Auberger returned to the meeting.

Public Participation

Chairman Theobald opened the meeting to the public. Seeing no one from the public wishing to come forward, Chairman Theobald closed the meeting to the public.

Resolutions

LU# 2-91-4 - Mountain Creek Master Plan Update

Motion: A motion was made to approve resolution for LU # 2-91-4 by Ms. Cocula and seconded by Mr. Whitaker.

ROLL CALL: WILLIAMS: Y; AUBERGER: Y; SPOERL: Y; MCPEEK: Y; COCULA: Y; WHITAKER: Y; MELE: Y; THEOBALD: Y.

Minutes

May 22, 2019: Regular Meeting Minutes (Williams, Spoerl, Raperto, Mitchell, Mele, Vizzini, Theobald)

Motion: A motion was made to approve minutes of May 22, 2019 by Mr. Spoerl and seconded by Mr. Mele.

ROLL CALL: WILLIAMS: Y; SPOERL: Y; MITCHELL: Y; MELE: Y; VIZZINI: Y; THEOBALD: Y.
Motion passed.

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

1. Board Fees
   1. Board Attorney: Glenn Kienz, Weiner Law Group LLP
      1. Land Use Board Business - Services through 5/22/19 ($964.00)
      2. Thomas Lambrinides - LU# 3-19-4 - Services through 5/20/19 ($304.00)
      3. Walter Lenartowicz - LU# 1-19-1 - Services through 5/22/19 ($160.00)
   2. Board Planner: Jessica Caldwell, J. Caldwell & Associates
      1. Land Use Board Business - Services through 5/22/19 ($240.00)
   3. Board Engineer: Cory Stoner, Harold E. Pellow & Associates
      1. Land Use Board Business - Services through 5/8/19 ($130.00)
      2. Thomas Lambrinides - LU# 3-19-4 - Services through 4/10/19 ($249.25)
      3. Thomas Lambrinides - LU# 3-19-4 - Services through 5/3/19 ($65.00)
      4. Mountain Creek Master Plan PB# 2-91-4 - Services through 4/10/19 ($444.25)
      5. Mountain Creek Master Plan PB# 2-91-4 - Services through 5/22/19 ($65.00)
      6. Aqua NJ - LU# 7-17-3 - Services through 4/17/19 ($473.58)
      7. NWAC - LU# 11-16-11 - Services through 5/29/19 ($728.20)
      8. Benning/Dealto - LU# 11-18-9 - Services through 5/22/19 ($264.40)
   4. Board Recording Secretary: Irene Mills ($75.00)

Chairman Theobald read one additional board fee, into the record:

Jessica Caldwell & Associates, Land Use Board Business ($120.00)

Motion: A motion was made to approve the board Fees by Ms. Cocula and seconded by Mr. Auberger. All members voted in favor.
Motion passed.

Adjournment

There being no further items of business to be conducted on the agenda, a motion was made by Mr. Williams and was seconded by Mr. Auberger. All members were in favor.

Meeting was adjourned at 8:04 p.m.

Respectfully Submitted
Irene Mills
Recording Secretary