Vernon Township
21 Church Street, Vernon, NJ 07462
Phone: 973.764.4055
VERNON TOWNSHIP LAND USE BOARD
REGULAR MEETING MINUTES
July 13, 2022
Call to Order
Meeting was called to order by Attorney Kienz at 7:00 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 17, 2022, by delivering to the press such notice and posting same at the Municipal Building.
Salute to the Flag
Attorney Kienz led the Assemblage to the Flag
Roll Call
Mayor’s Designee John Auberger | P |
Craig Williams | P |
Brian Lynch | P |
Martin Theobald | NP |
Richard Spoerl | NP |
Willard McPeek | P |
Andrea Cocula | P |
Michael Whitaker | P |
Jacquelin Haley | P |
Kelly Mitchell Alternate #1 | P |
Joseph Tadrick Alternate #2 | NP |
Paul Mele Alternate #3 | P |
Mark Vizzini Alternate #4 | NP |
Also Present:
Glenn Kienz, Board Attorney
Cory Stoner, Board Engineer
Alison Kopsco, Board Planner
Kimberley Decker, Board Secretary
Due to absence of Chairperson Theobald and Vice Chairman Spoerl, Members agreed to allow Attorney Kienz chair meeting.
Public Hearings
ZB# 4-06-6 – Glenwood Management, LP – Block 521, Lot 10, - Request for Extension of Time of Preliminary and Final Site Plan with Variances
James D. Opfer, Esq., Vernon NJ came forward on behalf of application of Request for Extension of Time for ZB #4-06-6 for site located at 109 RT 94. Bruce Zaretsky, principal of Glenwood Management, LP came forward to testify and was sworn in by Board Attorney.
Mr. Opfer stated extension is relative to Block 521 Lot 10, 109 RT 94 formerly known as Block 231 Lot 14 as shown in past Resolutions. Mr. Opfer, in letter dated June 22, 2022 to Board members, stated approval was granted in 2006 for Senior Citizen Development then again in 2010 for revision of use to general market rate housing due to NJ statute change of 2009.
Mr. Zaretsky testified original purchase of property was made in 1989 by three local businessmen and he was designated general partner to LLP. Regarding letter of Mr. Opfer stating history and request for application, Mr. Zaretsky agreed information was accurate. Due to economic problems impacting and other issues, the project has been delayed but is now ready to move forward. Mr. Zaretsky stated the project must also have approvals for water capacity and Highlands LOI wetlands approval which has also caused delays. Attorney Kienz recommended contacting Suez (Veolia) General Counsel Gonzalez for assistance.
Mr. Stoner stated he is familiar with original approval but noted LOI wetlands renewal is needed and anything that would modify the original approval must come back to Board. Mr. Zaretsky stated he understood requirements.
Attorney Kienz explained that variances in the application run forever but site plan approvals can expire and there is a limit of maximum 10 years with all extensions for the Board to grant. Mr. Stoner noted that any use or zoning changes to application must come back to Board for approvals. He added site is located on RT 94, wrapping behind the existing McAfee Ski Shop backing up to South Lodge parking lot.
Ms. Haley questioned if the Board has the right to grant a three-year extension and if COAH obligations have changed since original approvals. Attorney Kienz stated the Board has the right to approve extension and COAH has stayed at 20% obligation.
Attorney Kienz opened the hearing to the Public. Seeing no one wishing to come forward, Attorney Kienz closed the meeting to the public.
Motion: Motion to Approve Extension of Time of Three Years for ZB# 4-06-6 was made by Ms. Cocula and was seconded by Mr. Auberger.
ROLL CALL: AUBERGER: Y; WILLIAMS: Y; LYNCH: Y; MCPEEK: Y; COCULA: Y; WHITAKER: Y; HALEY: Y; MITCHELL: Y; MELE: Abstain.
Motion Passed.
LU# 6-22-6 – John Kelly & Joseph Grieco– Block 14, Lot 28, - Front Yard Variance for a Proposed Single-Family Dwelling
Mr. John Kelly, applicant and Howard Bach, Professional Engineer came forward and were sworn in to testify for application. Board Members approved of Engineering credentials of Mr. Bach.
Mr. Bach explained revised plans were sent to Board Secretary today and distributed by email to Board Members reflecting changes requested by Board Professionals. Changes made included relocation of drainage and structures and added driveway profile.
Mr. Kelly explained that he was recently made aware that original calculation of accessory structure was not in compliance with local Ordinance and not part of application notice. Mr. Kienz advised applicant there is not a notice problem as it includes statement that any and all variance deemed appropriate may be addressed at hearing.
Mr. Bach presented the revised and new plans labeled as A-1 Development Plans dated 7-12-22; and A-2 Miscellaneous Details dated 7-12-12. He explained plans show driveway profile, changed elevation of structures, revised location of house slab and site grading with retaining walls.
Mr. Bach stated site is located in the R-1 zone requiring 5-acre lot where 3.06 acres is preexisting nonconforming with no variance needed as long as setbacks are met. The existing lot width is 244.59 ft. where 250 ft is required causing need for variance. The front yard setback requested is 25.9ft. due to slopes on property causing need for variance as 75 ft is required. Mr. Bach presented Exhibit A-3 which is enlarged colored plan of site showing critical slopes and impossibility to build at the 75 ft setback.
Attorney Kienz explained every lot deserves to be developed with applicant addressing ‘C’ variance criteria.
Mr. Kelly explained proposed house size is 1592 sq. ft with 3-bay detached garage proposed at 976 sq ft needing variance for accessory structure because size is over 60% maximum of principal structure. The height of the garage will conform to ordinance at 15 ft and will also meet setbacks.
Mr. Kelly presented exhibit A-4 architectural designs of proposed 2-story Tudor house with cedar shake siding, with deck and fireplace with limited disturbance to trees on site. He added the garage renderings show 15 ft in height at front of garage with barn style doors in heavily wooded area at least 20 ft from neighbor’s dwelling. Mr. Kelly stated their intention is to build the house and garage as soon as possible.
Mr. Stoner requested applicant to collaborate with him for driveway sketch before final CO.
Mr. McPeek questioned if any fill is needed to be added on site. Mr. Bach stated yes there would be soil needed and Mr. Stoner explained applicant must abide by Township Soil Ordinance requirements. Mr. Stoner stated he must review the revised exhibits presented to verify size, setbacks and amounts and any approval must be condition of his review. Also needed is Upper Delaware Soil District approval and Highlands Exemption Permit.
Attorney Kienz stated three variances are required: front yard setback; accessory structure size and lot width.
Attorney Kienz opened the hearing to the public.
Kathleen Masterson, resident of 20 Pochuck Mountain since 1998, which is adjacent to proposed house, came forward and stated her approval of application as presented.
Seeing no one further wishing to come forward, Attorney Kienz closed the hearing to the public.
Motion: Motion to Approve LU# 6-22-6 with three variances as noted with Board Engineer approvals was made by Ms. Mitchell and was seconded by Mr. Mele.
ROLL CALL: AUBERGER: Y; WILLIAMS: Y; LYNCH: Y; MCPEEK: Y; COCULA: Y; WHITAKER: Y; HALEY: Y; MITCHELL: Y; MELE: Y.
Motion Passed.
Mr. Kelly requested waiver of reading the Resolution in order to start construction and to proceed at own risk. Board Members voted in affirmative. Mr. Stoner noted his review must be complete before Zoning Permit approval.
Public Participation
Attorney Kienz opened the Meeting to the Public. Seeing no one wishing to come forward Attorney Kienz closed the Meeting to the Public.
Resolutions
LU# 5-13-2 – Theta 456 Associates, LLC – Block 403, Lots 4, 5 & 6, - Request for Extension of Time of Preliminary and Final Site Plan with Variances
Eligible to vote: Auberger, Williams, Lynch, Spoerl, Cocula, Whitaker, Haley, Mitchell,
Motion: Motion to Approve Resolution LU# 5-13-2 was made by Ms. Cocula and was seconded by Mr. Auberger.
ROLL CALL: AUBERGER: Y; WILLIAMS: Y; LYNCH: Y; COCULA: Y; WHITAKER: Y; HALEY: Y; MITCHELL: Y.
Motion Passed.
LU# 12-19-10 – Martin Theobald – Block 57, Lots 4 & 5, - Request for Extension of Time of Minor Subdivision Approval
Eligible to vote: Auberger, Williams, Lynch, Spoerl, Cocula, Whitaker, Haley, Mitchell,
Motion: Motion to Approve Resolution LU# 12-19-10 was made by Ms. Cocula and was seconded by Mr. Williams.
ROLL CALL: AUBERGER: Y; WILLIAMS: Y; LYNCH: Y; COCULA: Y; WHITAKER: Y; HALEY: Y; MITCHELL: Y.
Motion Passed.
Minutes
Motion: Motion to Approve Regular Minutes of June 8, 2022 was made by Ms. Cocula and was seconded by Mr. Auberger. Eligible Board Members were All in Favor.
Motion Passed.
Appendix A – escrows, board fees, bond reductions and escrow closure
escrows, board fees and bond reductions
A. Board Fees
1. Board Attorney – Glenn Kienz, Weiner Law Group LLP
2. Board Planner – Jessica Caldwell, J. Caldwell & Associates
3. Board Engineer – Cory Stoner, Harold E. Pellow & Associates
4. Board Recording Secretary – Irene Mills ($75.00)
Motion: Motion to Approve Payment of Fees was made by Ms. Cocula and was seconded by Mr. Mele. Board Members were All in Favor. Motion Passed.
Adjournment
There being no further items of business to be conducted on the agenda, a motion to adjourn was made by Mr. Auberger and was seconded by Mr. Williams. All members were in favor.
Meeting was adjourned at 8:01 p.m.
Respectfully Submitted
Irene Mills, Recording Secretary