Minutes August 23, 2023

 

VERNON TOWNSHIP LAND USE BOARD

REGULAR MEETING MINUTES

August 23, 2023

 

 

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, 2023, by delivering to the press such notice and posting same at the Municipal Building.

Salute to the Flag

Chairman Theobald led the assemblage of the Flag.

 

Roll Call

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

Jacqueline Haley	P
Kelly Mitchell Alternate #1	P
Mark Heftler   Alternate #2	P
Paul Mele Alternate #3	NP
Mark Vizzini Alternate #4	P (arrived at 7:11 pm)

  

Also Present:

Glenn Kienz, Board Attorney

Cory Stoner, Board Engineer

Kimberley Decker, Board Secretary

 

Vice Chairman Spoerl stated that Mr. Vizzini and Mr. Whitaker notified the Board of their absence.  Mr. Tadrick and Mr. Auberger notified the Board that their absence is due to their inability to hear Use Variance.

 

LU#5-23-7 – Restoration Agriculture, LLC – Block167, Lot 11, - Preliminary & Final Site Plan with Bulk and Use Variances for a Farm-to-Table Restaurant and Banquet Hall

Daniel Benkendorf, Esq. came forward on behalf of the applicant to request a Preliminary and Final Site Plan with Variances for a Farm-to-Table Restaurant and Banquet Hall on Block 167 Lot 11 in the R1 zone. Currently, the property is operating as a farm with a farm stand and holding events through temporary permits. Proposed improvements will expand the barn with a larger kitchen and restrooms with the intent to hold regularly scheduled banquet events such as weddings, farm-to-table dinners, and fundraisers.  The original application included glamping (glamorous camping) but has since been removed.  Hours of operation will include the farm stand open from 9:00-3:00 p.m. and events from 3:00 – to 11:00 p.m. with music stopping at 10:00 p.m. 

The owner of the property, Steve Maclean, was sworn in and testified that all details presented by Mr. Benkendorf were accurate, including the removal of glamping with only one seating of dinner or event daily. 

Mr. Jeffrey Houser, a professional licensed Engineer with a valid license was sworn in and accepted by the Board as a qualified witness to testify. Mr. Houser stated he has reviewed the Board Engineer’s report dated July 7, 2023, and updated it on August 18, 2023.  The subject property is located at 1801 RT 565 Block 167 Lot 11 in the Glenwood section of Vernon and is 28 acres with an existing barn structure, gravel parking areas, farm roads throughout, and a silo.

Attorney Kienz stated Board Member Vizzini arrived at the meeting at 7:11 p.m. and noted since only foundation testimony had been presented, he was able to hear the application.

Mr. Houser repeated the opening statement and noted there are several sheds, containers, and farm fields currently existing on-site with private well and septic.  The barn is used for events such as weddings or dinners with 800 sq ft being the store selling fresh produce and meats.  The proposed improvements will include a two-story addition of 924 sq ft to house a new bathroom and kitchen.  In support of the improvements, the applicant will be installing a new septic with flow equalization advanced treatment to conform to the requirements of the proposed uses.  Applicant is proposing 62 organized parking spots on gravel surface of which three will be paved/striped handicap accessible and can accommodate up to 105 guests and 20 employees. Lantern-style lighting on poles is proposed for the parking area for the public safety of pedestrian guests at one-half foot candle fading to zero candle at the property line.  During events, four parking attendants with radios will be utilized to control parking aisles and spaces.  Being located on the County roadway, the application will need to be reviewed by Sussex County and may need to be revised due to ingress and egress from the site and the number of spaces may be modified. 

Mr. Houser explained the application was reviewed by Cramer Environmental to determine the delineation of wetlands and riparian zones which have been depicted on plans.  The proposed application has no disturbance within the 150 ft buffer of these areas.  The proposed septic is the only disturbance in the riparian zone that is permitted by rule by DEP and a TWA application is needed due to septic proposal includes food preparation.

Mr. Houser explained a use variance is requested because non-residential development requires paved parking, but the proposed gravel is more appropriate for the farm to keep a natural look.  The increase of 900 sq ft of impervious coverage to the 28-acre lot is insignificant.   Also proposed are two make-ready EV parking spots per the Ordinance requirement.   The agricultural site is located in the Highlands Preservation Area and the proposal is commercial related therefore required submission to the NJDEP was submitted for an exemption.

Mr. Stoner noted certain items were not submitted in the application and waivers were requested:

            #11 Existing topography for the entire property

            #12 Environmentally sensitive Areas delineation and calculations

            #20 Environmental Impact Statement

            #24 NJDEP Freshwater Wetlands LOI

            #26 Certification that drives meet AASHTO requirements

            #29 Stormwater Management Plan and Report

            #34 Traffic Report

Mr. Stoner noted applicant did provide items sufficient to continue the application’s hearing.  The motion was made by Mr. Williams to continue hearing based on the Engineer’s recommendation and was seconded by Ms. Cocula.  All Members were in favor.  Motion passed.

Mr. Stoner stated after speaking with the Highlands Council and the Dept of Agriculture that the proposed use of a restaurant facility does not fall under the Right to Farm Act and that an Exemption will be needed by the Highlands Council. He noted the handicap spaces will need to be paved as well as ADA walkways.  Also, the candle for parking areas is low per Township Ordinance, which Mr. Maclean added can be adjusted in order to comply.  Regarding the septic, Mr. Stoner explained the proposal will have heavy bathroom use, with no laundry or showering causing a concentration of solids causing the need for a TWA application to analyze flow determination. Attorney Kienz explained that the TWA wastewater approvals falls under the authority of the DEP and Local Health Department. 

Mr. Stoner stated the applicant is proposing 62 parking spaces on gravel and grass, including handicap and EV make-ready spaces.  Commercial sites are required to pave parking areas but understands the reason to keep parking unpaved to keep a natural farm site. 

Ms. Haley questioned how long the applicant has been hosting events through the temporary permits.  Mr. Maclean stated he has hosted events for three years, but noted amount was limited during COVID-19.    He added events include inside the barn or outside farm experience in gardens, including small bonfires by permit. The intent of the application is to allow for farm-to-table dinner events/private weddings on a regular basis with bathroom and kitchen additions with no increase in the size of events.  Mr. Maclean added the farm-to-table dinner sells online tickets and allows him to be a chef and educate guests about where the food came from.

Jason Dunn, a Professional Planner, with a valid license, was sworn in to testify on behalf of the applicant.  He stated that Macleans bought the dilapidated site, and made improvements to incorporate their expertise of farming and cooking into a successful business. The site is maintained as a successful farm with livestock of Scottish highland cows, pigs, and poultry with a retail store to sell farm products.  The proposal is to allow the barn to be used for the restaurant and banquet facility five days per week with sufficient staff and parking attendants to maintain a controlled environment.   The site will keep the rural character of town while providing dining areas inside and outside to allow an encompassing effect of being on the farm.   Banquets/weddings will be modestly sized and limited to up to 160 guests with music turned off at 10:00 p.m.

Mr. Dunn explained the criteria for variances requested include positive general public welfare to encourage agriculture practices with farm products from local sources.  The large open area space will promote social camaraderie for guests to relax and enjoy farm views with prepared foods while supporting a local business.  He added the proposal provides the rural character intended by the Vernon Master Plan and maintains local farming by supporting Agri-Tourism.

Mr. Dunn explained the multiple uses proposed can co-exist without conflict with the site, and has adequate access from the county roadway but variances are needed for this zone.  Regarding negative criteria, there is no change to the existing farm aesthetic, no substantial impacts to neighbors and events will comply with the current noise ordinance.  The addition will be kept with the architecture of the existing barn, which currently has only long-distance views from neighbors.  Mr. Dunn explained the proposal meets the intent of the zone plan that allows farms, agricultural tourism is encouraged, use exists with quality of life of residents supporting the community, and all uses are necessary for the farm to be successful.

Mr. Stoner was questioned for further testimony on the frequency of events.  Mr. Maclean stated he would like it to be open for two to three days for farm-to-table dinners and to have wedding events on Fridays, Saturdays, or Sundays with amounts depending on logistics and seasonal demand of foods available.  Attorney Kienz and the Board noted condition in the resolution will state limitations of three large events on Friday Saturday or Sunday and two or more dinners with a total maximum of five weekly.  The board questioned hours of lighting.  Mr. Houser stated all new proposed lighting will be turned off at 11:00 p.m. but noted the existing farm currently has motion lights. 

Mr. Stoner noted bulk variances required for the existing structures per report and Mr. Maclean agreed to all variance conditions in the report.  Mr. Maclean stated there are two containers in front of the property used for wedding/event storage and the third one is a walk-in freezer for farm goods which are permitted by the zoning office.  Mr. Stoner requested a possible pergola roof to disguise containers to maintain aesthetics. 

Vice Chairman Spoerl opened the hearing to the Public.

Grace Carol – expressed concern about water supply and how demand for five events per week will affect the wells of neighboring properties.  Mr. Houser stated 28-acre site will use under 200,000 gallons a day as regulated by the local health department and a portion of water from the site will be recharged back into the ground.  Ms. Carol questioned if approved variances would stay even after the present owner sold the farm.  Attorney Kienz explained that if the Board approves the application with variances and the property is sold, the variances stay with the exact same operation permitted otherwise new owner would need to file a new Board application.

John Kresse – expressed concern about the aquifer and that the existing site drains towards the wetlands and onto his adjoining property near his house.  He stated Township refused to clean the stream and drainage continues to be a problem. He was glad glamping was removed from the application and opined the first priority of having a restaurant venue in a residential zone should be not to displace or disrupt the neighborhood and questioned who would monitor the music levels. 

Attorney Kienz explained suggested requirements if the Board approves the application can include music turned away from residential properties and runoff control reviewed by the Township Engineer.

Robert Boyd – explained that there is excessive noise from wedding events held at the farm due to doors opening directly at his house.  He added site is in the Highlands Preservation Area and is concerned about septic and water usage. 

Terry Matthews – stated site was an overgrown eyesore with old, dilapidated machinery contributing nothing to the community when the Macleans turned it into a destination spot. The improvements were true concepts of sustainable farming with community enrichment and noted Township should be embracing a successful farm, not hindering it.  Dining at Farm at Glenwood is a culinary treat and educational for the guests who come from afar.   The owners and staff are conscientious shepherds of their responsibility to the community and to my knowledge have complied with the local noise ordinance.  The owners bought a house across from the farm and are committed to the community by hosting many educational tours, and programs and providing donations to the local senior center.  Mr. Matthews stated the decision by the Board needs to be made on facts of track record, not fear, and opined that Macleans deserves approval with variances.

Joanna Grehanov – a resident of a nearby road, stated noise level from recent events was loud and when complaints were made, the Police could do nothing to lower the level.  She called the farm owner and she said he suggested closing windows.  She added concern over parking spaces due to a recent event when there were 24 cars parked on her roadway blocking her driveway.

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Keri Conlin – offered support for farm/agriculture and location as an alternative option for weddings in Sussex County. She wished owners good luck for their business but suggested lowering music for neighbors.

John Homan – a neighbor of the owners and has attended dinners at the farm but would like the situation of noise complaints to be worked out with neighbors so guests can enjoy the farm.

Louis Gonzalez – a neighbor of Macleans whom he feels is nothing but a true blessing from day one.  The farm and barn have been upgraded, the site well maintained, and the animals are secured and well cared for by hardworking staff.  He stated that Macleans inspires us to make our property even better than before and are proud to keep the neighborhood amazing.  He added that Macleans respects the noise levels during events.   He offered full support to Macleans for this application and future projects.  He noted a letter on hand from another neighbor but was unable to read it into the record as the neighbor was not present.

Harry Shortway – stated the history of the site as proposed ball fields, then left in disarray by the owner. He commented on attending dinners and hosting a family wedding on site, which was well organized with great food choices but noted music noise issue can be worked out.  He noted the owners are a class act with their knowledge of farming, cooking, education, and sharing the value of farming. He added the Open Space and Master Plan of the Township have strived for over twenty years to recommend agricultural tourism activities such as this farm.

Dan Matz – noted that Macleans bought the site with an image of turning it into a working successful farm with a place for farm-to-table dinners involving all aspects of the farm.  Mr. Matz stated while working on the farm, the Macleans were always professional, neighborly, and cordial while growing a very successful business and they deserve the approval with variances.

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

Mr. Stoner noted a comment from the public about parking concerns on offsite roadways and requested more explanation from the applicant.

Mr. Maclean stated a neighbor on the offsite roadway was having a family party which caused the parking issue on Mango Drive, not the Farm event.  He added no guests will be parked offsite to attend the farm dinners or wedding events.  Mr. Stoner added condition of any approval should reflect no offsite parking. 

Attorney Kienz stated the county review of the application may revise the original plans and recommended to Board to consider granting Use Variance with Preliminary Site Plan and ancillary variances at this time to allow the applicant to modify plans and provide additional information to address parking areas, enhance storage sheds, and noise concerns. 

Mr. Maclean stated that the Ordinance for Noise is from 7:00 a.m. to 11:00 p.m. and all event contracts strictly state music is turned off at 10:00 p.m. but is willing to work with the Board to alleviate neighbor concerns.  Board Member commented that the business should not be restricted as music is needed at weddings, but the plan must be reworked.  Board Members suggested a professional sound engineer be used to determine noise levels.  Attorney Benkendorf noted the concerns and will review them with the client to come to a resolution.  Ms. Cocula stated that Macleans turned the deteriorated site into a beautiful asset to Vernon Township. 

Motion: Motion to Approve LU#5-23-7 Preliminary Site Plan with Use and ancillary variances per testimony presented and subject to meeting Board Engineers requirements in the report was made by Mr. Williams and seconded by Ms. Cocula.  Attorney Kienz stated Applicant needs to come back for Final approvals and testimony regarding noise concerns; lighting plan, circulation, and storage containers and noted no construction can be done until Final Site Plan approval.  Mr. Stoner noted outside agency approvals needed include: the Sussex County Planning Board, Highlands Council, TWA approval from NJDEP, and Sussex County Health Department. 

ROLL CALL: WILLIAMS: Y; MCPEEK: Y; COCULA: Y; HALEY: Y; MITCHELL: Y; HEFTLER: Y; SPOERL: Y.

Motion Passed.

Attorney Kienz stated Application LU#5-23-7 Restoration Agriculture, LLC is hereby carried to the Land Use Board Meeting of November 8, 2023, with no further notice required. 

Public Participation

Vice Chairman Spoerl opened the meeting to the Public.  Seeing no one wishing to come forward, Vice Chairman Spoerl asked for a motion to close the meeting to the Public.

 

Minutes

 

• August 9, 2023 – Regular Meeting Minutes (Williams, Spoerl, Cocula, Whitaker, Haley, Heftler, Theobald)

 

The board noted corrections needed in the minutes including a change from Mr. Heftler’s name on page four to Board Member.

Motion: Motion to Approve Minutes for August 9, 2023, with revision, was made by Mr. Williams and seconded by Mr. Spoerl.  All members eligible voted in Favor.  Motion Passed.

Appendix A – escrows, board fees, bond reductions, and escrow closure

 

   escrows, board fees, and bond reductions

 

1. Board Fees

 

1. Board Attorney – Glenn Kienz, Weiner Law Group LLP

• Land Use Board Business – Services Through 7/26/23 ($600.00)

• Sussex Cultivation, LLC – LU# 2-23-4 – Services Through 7/31/23 ($311.50)
• Restoration Agriculture, LLC – LU# 5-23-7 – Services Through 7/10/23 ($68.00)

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

• Land Use Board Business – ($0)

• Dean Anthony Properties LLC – LU# 5-23-8 – Services Through 7/28/23 ($572.50)
• Sussex Cultivation, LLC – LU# 2-23-4 – Services Through 7/26/23 ($1,590.00)

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

• Land Use Board Business – Services Through 6/28/23 ($483.00)

• Sussex Cultivation, LLC – LU# 2-23-4 – Services Through 6/28/23 ($2,530.00)
• Snowshoe Homes LLC – LU# 3-21-3 – Services Through 6/9/23 ($474.00)
• Route 94 LLC – LU# 5-23-6 – Services Through6/28/23 ($2,797.50)
• Dean Anthony Properties LLC – LU# 5-23-8 – Services Through 6/23/23 ($83.00)
• Restoration Agriculture, LLC – LU# 5-23-7 – Services Through 6/23/23 ($221.00)
• Mountain Creek – PB# 2-91-4 – Services Through 6/14/23 ($138.00)
• FW Webb – LU# 2-23-2 – Services Through 6/2/23 ($150.00)

4. Board Recording Secretary – Irene Mills ($125.00)

Motion: The motion to Approve Fees was made by Ms. Cocula and seconded by Mr. Heftler. All Members were in Favor.  Motion Passed.

Adjournment

There being no further items of business to be conducted on the agenda, a motion was made by Ms. Cocula and was seconded by Mr. Heftler.  All Members were in favor.

The meeting was adjourned at 9:14 p.m.

Respectfully Submitted                        

Irene Mills, Recording Secretary