Minutes June 8, 2022

 

VERNON TOWNSHIP LAND USE BOARD

REGULAR MEETING MINUTES

June 8, 2022

  

Call to Order

Meeting was called to order by Vice Chairman Spoerl 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

Vice Chairman Spoerl led the Assemblage to the Flag

Roll Call

Mayor’s Designee John Auberger	P
Craig Williams	P
Councilmember Brian Lynch	P
Martin Theobald	NP
Richard Spoerl	P
Willard McPeek	NP
Andrea Cocula	P
Michael Whitaker	P

Jacquelin Haley	P
Kelly Mitchell Alternate #1	P
Joseph Tadrick   Alternate #2	NP
Paul Mele Alternate #3	NP

Mark Vizzini Alternate #4

NP

Record reflects Mr. McPeek and Mr. Mele notified the Board of their absence.

Also Present:

Steve Tombalakian, Board Attorney

Kimberley Decker, Board Secretary 

 

Public Hearings

 

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

Mr. Roger Thomas, Esq. from law firm of Dolan & Dolan, came forward on behalf of the applicant Theta 456 Associates, LLC.  Mr. Thomas stated letter dated May 19, 2022 was sent to Vernon Land Use Board requesting extension of time for application based on prior approval from 2013 indicating applicant had difficulty obtaining access to water for project. Two prior extensions of time were granted in 2015 and 2019.  Mr. Thomas explained extension is sought based on fact that the project is a 55-unit multifamily project providing contribution of affordable housing obligation as well as sewer system usage benefitting the township. He noted that based on Municipal Land Use Law statute, an application is allowed a five-year extension period for preliminary approvals plus addition of two to five years for final approvals.  Mr. Thomas explained that delays caused by pandemic of 2019 hindering project but are now in a position to move forward and respectfully requests three-year extension ending in August 2025.

Craig Rolando came forward as principal of Theta 456 Associates, LLC and was sworn in to testify on application.  He stated a will-serve letter dated March 14, 2022 from Suez Water company was received for application, primarily for fire suppression, allowing project to now move forward within the next three years. 

Mr. Thomas respectfully requested the Board accept the testimony presented and grant the extension of time for three years starting August 2022 through August 2025.

Vice Chairman Spoerl noted that Suez company has now been purchased by Veolia and applicant should follow up to make sure Will serve obligations are maintained.  Mr. Rolando agreed to follow up. 

Attorney Tombalakian questioned applicant if the absence of water capacity made health and safety an issue for the development and if the prevention of building due to utility issue was beyond their control.  Mr. Rolando affirmed. 

Vice Chairman Spoerl opened the hearing to the Public. Seeing no one wishing to come forward, Vice Chairman Spoerl closed the hearing to the Public.

Attorney Tombalakian explained the Board will deem the health and safety of the application was beyond anyone’s control and approval was tolled to approve addition extension.

Motion: Motion to Approve Extension of Time for LU# 5-13-2 was made by Mr. Auberger and was seconded by Ms. Cocula.

 

ROLL CALL: AUBERGER: Y; WILLIAMS: Y; LYNCH: Y; SPOERL: 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

 

Mr. Martin Theobald came forward and was sworn in to request an extension of time for previous approval from 2020. He stated due to pandemic related delays, lot line subdivision plans could not be approved by Sussex County and therefore have not yet been recorded.  Mr. Theobald stated numerous revisions to driveway plan of subdivision have been submitted with no approvals to date.   Mr. Theobald requested a 180-day extension be granted. Attorney Tombalakian stated reason for extension is need for government approval beyond applicant’s control.   Board Members had no questions.

Vice Chairman Spoerl opened the hearing to the Public. Seeing no one wishing to come forward, Vice Chairman Spoerl closed the hearing to the Public.

 

Motion: Motion to Approve Extension of Time for LU# 12-19-10 was made by Ms. Cocula and was seconded by Mr. Williams.

ROLL CALL: AUBERGER: Y; WILLIAMS: Y; LYNCH: Y; SPOERL: Y; COCULA: Y; WHITAKER: Y; HALEY: Y; MITCHELL: Y.

Motion Passed

 

Public Participation

Vice Chairman Spoerl opened the Meeting to the Public.  Seeing no one wishing to come forward Vice Chairman Spoerl closed the Meeting to the Public. 

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

Board Members discussed attending the Township Council Special meeting of June 9, 2022 to review cannabis ordinance but noted only four at a time may attend.  Mr. Williams stated he will attend.

Minutes

 

• May 11, 2022 – Regular Meeting Minutes (Auberger, Williams, Cocula, Haley, Mitchell, Mele, Theobald)

Motion: Motion to Approve Regular Minutes of May 11, 2022 was made by Ms. Cocula and was seconded by Mr. Williams.

ROLL CALL: AUBERGER: Y; WILLIAMS: Y; COCULA: Y; HALEY: Y; MITCHELL: Y.

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

• Land Use Board Business – ($0)

    2.  Board Planner – Jessica Caldwell, J. Caldwell & Associates

• Land Use Board Business – ($0)

    3.  Board Engineer – Cory Stoner, Harold E. Pellow & Associates

• Land Use Board Business – ($0)

   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. Whitaker.  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 7:20 p.m.

Respectfully Submitted                       

Irene Mills, Recording Secretary