Vernon Township
21 Church Street, Vernon, NJ 07462
Phone: 973.764.4055
VERNON TOWNSHIP LAND USE BOARD
REGULAR MEETING MINUTES
May 11, 2022
Call to Order
Meeting was called to order by Chairman Theobald 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
Chairman Theobald led the Assemblage to the Flag
Roll Call
Mayor’s Designee John Auberger | P |
Craig Williams | P |
Councilmember Brian Lynch | NP |
Martin Theobald | P |
Richard Spoerl | NP |
Willard McPeek | NP |
Andrea Cocula | P |
Michael Whitaker | NP |
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:
Jessica Caldwell, Board Planner
Kimberley Decker, Board Secretary
Record reflects Mr. Lynch, Mr. Spoerl, Mr. McPeek, Mr. Vizzini and Mr. Tadrick notified the Board of their absence.
Public Participation
Chairman Theobald opened the Meeting to the Public. Seeing no one wishing to come forward Chairman Theobald closed the meeting to the Public.
Resolutions
LU# 3-22-3 – Raymond Little - Block 12, Lot 11, - Front Yard Variance for a single-family residence
Eligible to vote: Auberger, Williams, Lynch, McPeek, Cocula, Whitaker, Haley, Theobald
Motion: Motion to Approve Resolution LU# 3-22-3 was made by Ms. Cocula and was seconded by Mr. Auberger.
ROLL CALL: AUBERGER: Y; WILLIAMS: Y; COCULA: Y; HALEY: Y; MITCHELL: Y; THEOBALD: Y.
Motion Passed.
LU# 3-22-4 – ABDD III, LLC – Block 391, Lot 4, - Minor Site Plan for site improvements including signs, fence, parking lot repairs and new menu board
Eligible to vote: Auberger, Williams, Lynch, McPeek, Cocula, Whitaker, Haley, Mitchell, Theobald
Motion: Motion to Approve Resolution LU# 3-22-4 was made by Mr. Auberger and was seconded by Mr. Williams.
ROLL CALL: AUBERGER: Y; WILLIAMS: Y; COCULA: Y; HALEY: Y; MITCHELL: Y; THEOBALD: Y.
Motion Passed.
LAND USE BOARD DISCUSSION ITEMS (ACTION MAY OR MAY NOT BE TAKEN)
ORDINANCE #22-11 – ORDINANCE OF THE TOWNSHIP OF VERNON, COUNTY OF SUSSEX STATE OF NEW JERSEY, AMENDING SECTION 330-160 ENTITLED “SCHEDULE OF PERMITTED, CONDITIONAL, AND ACCESSORY USES AND STRUCTURES” TO PROHIBIT FARMLAND ASSESSMENTS ON PROPERTIES WHERE LEGAL CANNABIS IS CULTIVATED
Board Planner, Ms. Caldwell explained the Township Council has introduced Ordinance #22-11 which amends existing cannabis Ordinances. The Land Use Board is asked to review the ordinance for Master Plan consistency. The proposed Ordinance changes the number of licenses in the light industrial zone from two to unlimited and allows growing facilities to be in the noted areas in the R1 and R2 zones with a minimum of 6(six) acres. Ms. Caldwell noted Vernon Ordinance contradicted the state legislature regarding farmland properties needing the amendment. Ms. Caldwell stated the review for consistency includes desired development and support of farming.
Board members discussed the amendments and expressed concern that the amendments allow cultivation in a residential area and will negatively affect house values. Board members also stated the change from two to unlimited licenses should not be done so hastily when not even one has been built yet. Ms. Caldwell noted that the State is responsible for issuing licenses on an application basis, not unlimited. Mr. Williams noted the language of the amended portion of the Ordinance was poorly written with no explanation given for zoning changes in specific areas. Members questioned why is it okay to allow cultivation in residential zones next to a home but need 2000 ft distance for cannabis retailers.
Motion: Motion that Ordinance #22-11 is consistent with the Master Plan was made by Ms. Mitchell and was seconded by Mr. Williams.
ROLL CALL: AUBERGER: N; WILLIAMS: N; COCULA: N; HALEY: N; MITCHELL: N; MELE: N; THEOBALD: N.
Motion Failed.
Board Members discussed the following recommendations to the Township Council regarding Ordinance #22-11:
Motion was made by Ms. Mitchell for letter to be written from Land Use Board to the Township Council with recommendation of removal of residential zones and remove unlimited number of cultivation licenses in Ordinance #22-11. Motion was seconded by Mr. Auberger.
ROLL CALL: AUBERGER: Y; WILLIAMS: Y; COCULA: Y; HALEY: Y; MITCHELL: Y; MELE: Y; THEOBALD: Y.
Motion Passed.
Minutes
Motion: Motion to Approve Regular Minutes of April 13, 2022 was made by Ms. Cocula and was seconded by Mr. Mele. 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)
Chairman Theobald read into record attorney fees to be added for approval.
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.
B. Request for Escrows to be closed
LU# 2-21-1 – Evan Dolcimascolo – Block 458, Lot 92 – Front Yard Deck ($152.00)
Motion: Motion to Approve Release of Escrow was made by Mr. Williams 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 was made by Mr. Auberger and was seconded by Mr. Mele. All members were in favor.
Meeting was adjourned at 7:40 p.m.
Respectfully Submitted
Irene Mills, Recording Secretary