Minutes: May 12, 2021

Call to Order

Meeting was called to order by Chairman Theobald at 7:00 p.m. Meeting held via Zoom Webinar.

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, 2021 by delivering to the press such notice and posting same at the municipal building.

Chairman Theobald stated Ms. Raperto and Mr. Mele informed the board of their absence.

Chairman Theobald discussed completeness of an application. Attorney Tombalakian stated completeness should be decided before public hearing is held.

Public Hearings

LU# 3-21-4 - Kenneth Boschert - Block 463, Lot 97 & 98, - Minor Subdivision/Lot Line Adjustment

Board engineer Knutelsky stated, per Mr. Stoner’s report of April 15, 2021, that submitted documents require two waivers for completeness, existing contours and environmentally sensitive areas delineated. Mr. Knutelsky stated that due to being a simple subdivision application and that there are no proposed improvements, Mr. Stoner recommended the waivers be granted and application to be heard. Board members affirmatively voted to approve waivers.

Robert Jordan, licensed surveyor, 6 Lakeshore Drive East, Highland Lakes, was sworn in to testify on behalf of applicant. Mr. Jordan explained applicant owns two adjacent lots and requests a minor lot line adjustment to allow Lot 98 to become more conforming. He added there will be no new construction and it does not interfere with any wells or septics.

Mr. Knutelsky stated Lot 98 does not meet the minimum lot width requirement in the PLC zone and the lot line adjustment will remedy the condition from existing 80.1 ft to 100.24 ft meeting compliance of bulk requirements. He added the area shows no wetlands, wetland buffers or riparian zones on or adjacent to the two lots. Mr. Knutelsky stated if approved, a deed and description for the new Lot 97 and Lot 98 will need to be prepared and reviewed by the board attorney and engineer. Once approved, the deeds will need to be signed and filed in the Sussex County Clerk’s office.

Chairman Theobald stated proposed lot line adjustment will be an improvement to the lot size. No further questions from board members.

Chairman Theobald opened the hearing to the public. Seeing no one wishing to be heard, Chairman Theobald closed the meeting to the public.

Attorney Tombalakian stated application is a minor subdivision with no variances and will be perfected by deed and reviewed by the land use board attorney and engineer.

Motion: Motion to Approve LU#3-21-4 was made by Mr. Williams and was seconded by Ms. Cocula.

ROLL CALL: WEXLER: Y; WILLIAMS: Y; AUBERGER: Y; SPOERL: Y; MCPEEK: Y: COCULA: Y; WHITAKER: Y; MITCHELL: Y; THEOBALD: Y.
Motion passed.

Public Participation

Chairman Theobald opened the meeting to the public. Seeing no one wishing to comment, Chairman Theobald closed meeting to the public.

Resolutions

LU# 3-21-3 - Snowshoe Homes, LLC - Block 526, Lot 12, - Preliminary & Final Site Plan with Variances for a Proposed Single Family Residence

Eligible to vote: Wexler, Williams, Auberger, McPeek, Cocula, Whitaker, Mitchell, Mele, Theobald

Motion: Motion to approve LU#3-21-3 was made by Mr. Auberger and was seconded by Ms. Wexler.

ROLL CALL: WEXLER: Y; WILLIAMS: Y; AUBERGER: Y; MCPEEK: Y: COCULA: Y; WHITAKER: Y; MITCHELL: Y; THEOBALD: Y.
Motion passed.

LU# 11-20-8 - Claude Allain & Elizabeth Bilomauser - Block 404, Lot 1, - Minor Site Plan to Expand and Improve an Existing Structure to Create a Thai Restaurant

Eligible to vote: Wexler, Williams, Auberger, McPeek, Cocula, Whitaker, Mitchell, Theobald

Mr. Whitaker questioned if section in resolution regarding striping of parking lot needs to be corrected. Attorney Tombalakian explained that approval stated board engineer will work with applicant on final parking lot plan and no changes are needed to resolution.

Motion: Motion to approve LU#11-20-8 was made by Ms. Cocula and was seconded by Mr. Williams.

ROLL CALL: WEXLER: Y; WILLIAMS: Y; AUBERGER: Y; MCPEEK: Y: COCULA: Y; WHITAKER: Y; MITCHELL: Y; THEOBALD: Y.
Motion passed.

Minutes

April 28, 2021 - Regular Meeting Minutes (Wexler, Williams, Auberger, McPeek, Cocula, Whitaker, Mitchell, Mele, Theobald)

Motion: Motion to approve minutes of April 28, 2021 was made by Mr. Auberger and was seconded by Ms. Wexler.

All members were in favor. 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 - ($0)
   2. Board Planner: Jessica Caldwell, J. Caldwell & Associates
      1. Land Use Board Business - ($0)
   3. Board Engineer: Cory Stoner, Harold E. Pellow & Associates
      1. Land Use Board Business - Services through 3/24/21 ($455.00)
      2. Farm 94 LLC - LU# 9-20-6 - Services through 3/19/21 ($1,160.63)
      3. Diamond Communications - LU# 10-18-7 - Services through 3/521 ($130.00)
      4. Snowshoe Homes LLC - LU# 2-21-3 - Services through 3/19/21 ($420.00)
      5. Christopher Newsom - LU# 2-21-2 - Services through 4/1/21 ($513.76)
   4. Board Recording Secretary: Irene Mills ($75.00)

Motion: Motion to approve fees was made by Ms. Cocula and was seconded by Mr. Williams.

All members were in favor. Motion passed.

Ms. Decker reminded the board members that the June 9th meeting will be held in person at the municipal building.

Adjournment

There being no further items of business to be conducted on the agenda, a motion was made by Mr. Auberger and was seconded by Mr. Williams. All members were in favor. Meeting adjourned at 7:25 p.m.

Respectfully Submitted
Irene Mills, Recording Secretary