Minutes August 9, 2023

 

VERNON TOWNSHIP LAND USE BOARD

REGULAR MEETING MINUTES

August 9, 2023

 

 

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, 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                                 P                     

Richard Spoerl                                    P                     

Willard McPeek                                  NP

Andrea Cocula                                    P

Michael Whitaker                               P                          

Jacqueline Haley                                 P         

Kelly Mitchell Alternate #1                NP

Mark Heftler   Alternate #2                P

Paul Mele Alternate #3                      NP

Mark Vizzini Alternate #4                  NP

 Also Present:

Steve Tombalakian, Board Attorney

Cory Stoner, Board Engineer

Alison Kopsco, Board Planner

Kimberley Decker, Board Secretary

Chairman Theobald stated that Mr. Auberger, Mr. Tadrick, Mr. McPeek, Mr. Mele and Ms. Mitchell notified the Board of their absence.

 

Public Hearings

 

LU# 6-23-9- Phil Huling – Block 471, Lot 7, - Rear and Side yard Variance for a Deck

Mr. Phil Huling was sworn in to testify for a variance for rear yard and side yard setbacks to reconstruct the existing deck on his property.  He stated the deck is a support structure to main roof and is in need of replacement which is proposed at the exact same size.  He noted the zoning ordinances have changed since original deck was built causing need for a variance just to rebuild.  Mr. Huling opined that due to tree line between neighbors, there will be no infringement to public good. 

Ms. Kopsco reviewed Planner’s report explaining that the existing house has a front yard setback of 33.9 ft where 40 ft is required and the proposed deck has a side yard setback of 8.0 ft where 10 ft is required and rear yard setback of 8.0 where 25 ft is required causing need for variances.   She added the maximum building coverage is less than 25% and complies with code.  Ms. Kopsco stated the applicant is not exacerbating the conditions of nonconformity and has testified there is no substantial detriment to neighbors or public. Mr. Huling confirmed his intention is to replace the deck exactly as the existing.

 

Chairman Theobald opened the hearing to the Public.  Seeing no one wishing to come forward, Chairman Theobald asked for motion to close the hearing to the Public.

Attorney Tombalakian stated application is to reconstruct deck as existing and questioned applicant if they wish to waive the reading of the resolution to move forward with filing permits.  Mr. Huling requested waiver of reading the resolution.

Motion: Motion to Approve LU#6-23-9 as testified and presented was made by Ms. Cocula and seconded by Mr. Williams.

ROLL CALL: WILLIAMS: Y; SPOERL: Y; COCULA: Y; WHITAKER: Y; HALEY: Y; HEFTLER: Y; THEOBALD: Y.

Mr. Spoerl expressed concern that requirement for variance approval to reconstruct existing structures to exact same size and location is not necessary and should be reviewed by Board in annual report. 

Motion Passed.

LU# 5-23-8- Dean Anthony Properties, LLC- Block 592, Lots 69, 70 and 71, - Minor Subdivision with Variances

Mr. Arthur Neiss, Esq., Attorney from firm of Beattie Padavano came forward on behalf of the applicant for minor subdivision/lot line adjustments and variances. He explained the applicant purchased three vacant landlocked lots that fronted a Township paper road which was then vacated by Township Council per Ordinance #22-03 on February 14, 2022.  The lots are in the PLC zone in the Pleasant Valley Lake section of town.  By the vacation, the three lots created had substantial developmental difficulties.  The proposed lot line adjustments will create three lots that exceed the minimum lot size in the PLC zone and also meet coverage requirements. He added the applicant is seeking variances per NJSA 40:55 D for lot width on lots 70 and 71; plan will meet all other setback requirements.  Also, a planning variance is sought per MLUL section 36 and Vernon Code 330-167 which requires lots to abut a public street for emergency access to building or structure.  He noted due to the vacation of the paper road, it is not possible for lots in the application to have roadway frontage causing need for shared driveway plan to afford access for EMS vehicles to protect public health and safety. 

Regarding completeness of application, Mr. Stoner stated applicant did not provide delineation of Environmentally Sensitive areas and Stormwater Management Plan but suggested they both be waived for purpose of hearing the application but will be addressed during lot development plan review.

Mr. Dean Dellolio, principal of LLC, testified he is the owner of all three lots subject to matter and was involved in the request for street vacation.  He stated his plan is to develop three homes, one being owned privately and two others to sell.  A driveway maintenance agreement between all three owners will be set to establish responsibility for snow removal, maintenance, and repairs.  Driveway will be paved with ample landscaping and lighting.  Mr. Stoner explained to the Board members that the future shared driveway must be addressed by Land Use Board and not zoning.  Mr. Stoner questioned if the applicant would agree to a condition being set that the driveway must be built per town specifications before any Certificate of Occupancy be granted for the first house.  Mr. Dellolio agreed to the condition but questioned extent of road improvement as construction vehicles for other homes may cause damage to newly paved driveway.  Mr. Stoner suggested requirement for driveway completion or bond be a condition.  Mr. Dellolio stated his house is the farthest property and plans to complete access road for construction and have permits pulled for all three homes. Landscape and lighting plan is not yet complete but he said it would be kept to a minimal.  Mr. Stoner added that condition of driveway or bond with a set timeline should be added to the resolution to ensure completion.

Ms. Kopsco questioned if all homes will be built to conform to Township code, which applicant stated yes and noted he already built one nearby with design suitable for the neighborhood.

Mr. Spoerl, based on personal prior experience, expressed concern that the proposed driveway plan will be difficult to enforce and questioned how owners will pay their fair share.  Mr. Dellolio stated there will be an agreement recorded with the deed of property when purchased for shared responsibility of snow removal, road repairs and maintenance for the access driveway.  Being the proprietor of farthest property and driveway being only 150-200 ft long, he will have the most interest in the upkeep for safety of others and if needed, enforcement can be handled legally. Lighting of driveway can be a shared expense with connection to my private home.  Ms. Cocula, based on lake community experience, also expressed concern over shared driveway expenses and enforcement issues.  Attorney Tombalakian stated the agreement will be in grantor’s deed and become a legal matter.  Mr. Dellolio stated he is working with his legal counsel for reasonable resolution to the driveway agreement.  Ms. Haley questioned justification why the applicant did not propose only two lots to avoid needing variances for lot widths. Mr. Dellolio stated further testimony will be presented to discuss this decision.

Mr. Jeffrey Houser, Professional Engineer, was accepted by Board as qualified expert and sworn in to testify on behalf of the applicant.   He stated plans submitted were prepared by Tyler Vandervalk from his firm for minor subdivision lot line adjustment to reconfigure three lots #69,70 and 71 all from Block 592. The lots were on an unimproved roadway with a cul-de-sac, then the roadway was vacated by the Township per Ord 22-03 causing all three lots to lose frontage on public right of way.  Each of the lots benefitted from the road vacation gaining proportional area and made the lots more regular in a more complying manor than prior.  He added that the applicant also owned adjacent Lot #68, which when sold and recorded will provide a portion of area to other lots.  Mr. Stoner stated as a condition of any approval, a copy of said agreement/deed will be required as it gives the right to retaining right-of-way for proposed project.   

Mr. Houser provided lot information and allocation given: Block 597 Lot 1 - 4,294 sq. ft.; Block 592 Lot 71- 3,373 sq. ft.; Block 592 Lot 70- 813 sq. ft; Block 592 Lot 69- 1,596 sq. ft.; and Block 592 Lot 68 – 6,827 sq. ft.   He added per sale of agreement of Lot 68, a portion will be allocated to Lots 70 and 71. An 18 ft wide paved driveway is being proposed to Lot 69 where the gravel driveway currently exists providing access to sites to perform septic soil tests.  All lots will be developed with septics and wells to conform to all setbacks and lot coverage, but lot width is not conforming.      

Mr. Houser explained that lot width cannot be determined on sites because they do not front a public roadway therefore width was calculated at 40 ft front yard setback line.   Lot 71 proposed lot width is 70 ft and Lot 70 is 61.7 ft both needing a variance; Lot 69 is 152 ft. Proposed plan shows lot 69 is odd shaped but having 23,082 sq ft. in area,1,080 sq. ft house with driveway walkways patio and pool all developed using only 19% coverage.   Lot 70 is proposed to be 12,848 sq. ft but will need lot width variance.  Ms. Haley stated plans and reports show conflicting figures and is difficult to follow.

Mr. Stoner explains how amounts were calculated based on not fronting public road and will work with applicant to provide final revised subdivision plan to use calculation consistently with all lots.  Mr. Houser explains the three lots were reconfigured into three landlocked lots and section 36 variance is needed to provide access to properties with no access.

Mr. Houser explained Lot 70 is proposed to have 61.7 lot width, 1600 sq ft. home with patio and deck with shared driveway using only 31% lot coverage.  Lot 71 is gooseneck shaped lot and proposed to be 16,881sq ft in area with 1600 sq ft. home, shared driveway, walkway, lot coverage of 34.5% and lot width of 46.7% at the 40 ft setback line.    With proposed lot line adjustments, every lot will use less than 35 % coverage with no bulk variances. Homes will be consistent height with garage and driveway with no on street parking.  Mr. Houser added the landscaping and lighting plan is not prepared yet but suggested one light at the end of each driveway with electricity responsible by each owner.  The driveway, grading and stormwater management plan will be addressed during review of the Lot development applications for each lot.   Mr. Houser stated applicant is aware of the environmental considerations due to riparian zones and flood hazard zones and will obtain all necessary permits. Mr. Houser stated the new configuration is more efficient and will allow development and access to the three landlocked lots. 

Mr. Houser informed the Board that a slight discrepancy was found today on page 2 of plans involving lot line of lot 71 which may not be correct due to the subdivision plan being done before lot line adjustment map.   The proposed lot size is 15,880 sq ft with lot width frontage at 38.2% but lot coverage will need to be reduced by 255 sq ft to comply with ordinance without need for variance.  Board Members had no further comments.  Mr. Stoner confirmed lot width was calculated at 40 ft setbacks but questioned why the applicant chose to make three small lots each with individual septics and wells instead of two larger lots.  Mr. Houser stated proposed plans show each lot with advanced treatment septic systems and wells meeting distance requirements.  Mr. Stoner noted revised plans need to show all wells, utility easements, and driveway easements all approved by Board Attorney and Engineer.  He added lot development permit will be required for each lot as a condition of any approval.  Mr. Houser explained the intent by the owner, Dean Anthony Properties, LLC, was to purchase three lots and reconfigure to develop all three. 

Mr. Neiss noted that the lot widths proposed are not unique to this community or any Private Lake Community zones in Vernon Township.  Attorney Tombalakian asked if applicant will amend the application to ask for subdivision approval to maintain the legality of these separate lots which was agreed to by Mr. Houser. Board Planner and Board Members had no further questions.

Board Attorney stated any applicant requesting a variance is required to explain hardship and offer testimony of how the benefits outweigh the detriments to the public good.  Mr. Dellolio explained the intent of application is to improve the sites with smaller lakefront homes, reasonable in price that would fit within the neighborhood. Mr. Theobald suggested making the lots larger by combining them and that will make it more to scale for the neighborhood.  Ms. Haley recommended applicant maintain the wooded nature of property.  Mr. Williams added the applicant is maximizing what development is possible for subdivision.    

Chairman Theobald opened the hearing to the Public.  Seeing no one wishing to come forward, Chairman Theobald asked for motion to close the hearing to the Public.

Attorney Tombalakian stated application is a minor subdivision with lot line adjustment to incorporate former vacated paper street with three buildable lots.  Variances requested are for lot width as lots do not have frontage and planning variance as development doesn’t have frontage to public road.  Conditions of approval will include:

- Plans need to be revised to correct inconsistencies and disparities that were addressed at hearing

- Maintenance agreement to be added to deeds to address maintenance and utility obligations of all owners

- Deeds must be reviewed and approved by Board Attorney & Board Engineer before conveyance

- Lot Development Permit required for each lot

- Plans need to be revised for Lot 71 home to reduce coverage to less than 35 %

Mr. Houser added that proposed location of homes could be rotated to increase distance between homes with intent to sell with maximize value.  Development will be limited by DEP regulations for disturbance with intent not to clear cut land and maintain tree coverage as much as possible.  Mr. Houser explained the configurations of the lots created by the vacation pose difficulties to development on the existing landlocked lots.

Ms. Cocula opined that it would be better to combine two of the lots for development purposes.  Mr. Williams added if vacation of roadway did not occur, the previous lots with unimproved cul-de-sac would still require a planning variance to develop and question before Board is this proposal a better planning alternative. 

Chairman Theobald requested Members for a Motion to Approve application with stipulation of conditions and variances.

Attorney Neiss requested a five-minute recess to discuss Board comments with applicant.

Recess taken at 8:45pm.  Meeting reconvened at 8:50 pm.

Attorney Neiss requested application be carried to future meeting to rework configuration of proposal to address Board concerns.

Chairman Theobald stated next available meeting would be September 27, 2023.

Motion: Motion to carry Public Hearing for LU#5-23-8 to the September 27, 2023 Land Use Board meeting with no further notice, published or mailed required, was made by Ms. Cocula, and seconded by Mr. Williams.

All members voted in Favor. Motion Passed.

Chairman Theobald stepped down from application.  Vice Chairman Spoerl presided over meeting.

 

LU# 12-19-10 – Martin Theobald – Block 57, Lots 4 & 5, Block 58, Lot 7, - Site Plan with Minor Subdivision Request for Extension of Time

Vice Chairman Spoerl read title of application.

Mr. Theobald was sworn in and requested an additional extension of time of 180 days be granted for application.  He stated Sussex County approved the subdivision plan but now requires a new driveway plan be submitted before any deeds can be recorded. 

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

Motion: Motion to Approve extension of time for 180 days for LU#12-19-10 was made by Ms. Cocula and seconded by Mr. Williams.

ROLL CALL: WILLIAMS: Y; SPOERL: Y; COCULA: Y; WHITAKER: Y; HALEY: Y; HEFTLER: Y.

Chairman Theobald returned to Meeting.

Motion to Reconsider

LU# 2-23-4 – Sussex Cultivation, LLC – Block 153, Lot 43, & Block 168, Lots 2, 3 & 4 Preliminary & Final Major Site Plan for the construction of a Greenhouse, Eighteen (18) Cultivation/Support Pods, one Utility Shed, and related site improvements for a Cannabis Cultivation Facility

Attorney Vitolo came forward on behalf of applicant and requested Board to reconsider decision on application previously made due to design changes with revised version of proposal.   Applicant is requesting to reopen the Public Hearing on Land Use Board Meeting of September 13, 2023 which will be legally noticed and limited to design changes, submission of Highlands Council Determination Letter, and testimony of water conservation strategies.

Motion: To Reconsider and Reopen Public Hearing on September 13, 2023 for LU#2-23-4 was made by Mr. Spoerl and seconded by Mr. Williams.

ROLL CALL: WILLIAMS: Y; SPOERL: Y; COCULA: Y; WHITAKER: Y; HALEY: Y; HEFTLER: Y; THEOBALD: Y.

Public Participation

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

 

Resolutions

 

LU# 5-23-6 – Route 94, LLC – 634, Lot 2 & 3 – Preliminary Site Plan for the Construction of a Brewpub, Event Hall, Inn, and related site improvements

Eligible to vote: McPeek, Cocula, Whitaker, Haley, Mitchell, Heftler, Mele, Vizzini, Spoerl

 

Ms. Haley requested resolution be revised to remove the term “and valet” as Board decision did not approve valet use and is concerned of traffic in area.  Board Members discussed interpretation of word valet.  Mr. Stoner added the resolution is for preliminary site plan approval only and issue can be addressed during final site plan hearing. 

 

Motion: Motion to Approve Resolution LU# 5-23-6 with term “and valet” struck was made by Mr. Spoerl and seconded by Ms. Cocula.

ROLL CALL: COCULA: Y; WHITAKER: Y; HALEY: Y; HEFTLER: Y; SPOERL: Y.

Motion Passed.

Minutes

 

• July 26, 2023 – Regular Meeting Minutes (Williams, Spoerl, McPeek, Cocula, Whitaker, Haley, Mitchell, Heftler, Theobald)

 

Board noted corrections needed in minutes include change from Mr. Vizzini’s name and the start and ending time of meeting corrected.

Motion: Motion to Approve Minutes for July 26, 2023 with revisions was made by M. Cocula and seconded by Mr. Whitaker.  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 – ($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 ($125.00)

Motion: Motion to Approve Fees was made by Mr. Spoerl and seconded by Mr. Whitaker. 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. Whitaker.  All Members were in favor.

Meeting was adjourned at 9:12 pm.

Respectfully Submitted                        

Irene Mills, Recording Secretary