Minutes December 13, 2023

 

VERNON TOWNSHIP LAND USE BOARD

REGULAR MEETING MINUTES

December 13, 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
Councilmember Joseph Tadrick	NP
Craig Williams	P
Martin Theobald	P
Richard Spoerl	P
Willard McPeek	P
Andrea Cocula	P
Michael Whitaker	P

Jacqueline Haley	P
Kelly Mitchell Alternate #1	NP
Mark Heftler   Alternate #2	NP
Paul Mele Alternate #3	NP
Mark Vizzini Alternate #4	NP

Also Present:

Steve Tombalakian, Board Attorney

Cory Stoner Board Engineer                   

Jessica Caldwell, Board Planner

Kimberley Decker, Board Secretary

           

Chairman Theobald stated that Ms. Mitchell and Mr. Mele notified the Board of their absence.  Mr. Auberger and Mr. Tadrick were unable to hear the application

Public Hearings

 

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

Arthur Neiss, Attorney for the applicant stated motion for approval of application was not affirmative and based on Board concerns, plans have been amended.  Applicant respectfully requests Board reopen the public hearing to allow the Board to review modified plans which has been properly noticed to the public.   

 

Motion: Motion to Reopen Public Hearing for LU#5-23-8 was made by Ms. Cocula and was seconded by Mr. Williams.

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

Motion Passed.

Attorney Neiss, from firm of Beattie & Padavona stated applicant revised the original plans for minor subdivision of three lots and changed proposal to two lots with same variances needed that will function better than original plans.

Jeff Houser, Engineer, under oath from previous hearings, came forward to explain after feedback from the Board, revised plans seek lot line adjustment for two lots while still seeking variances for lot width and lack of road frontage.  The three previously proposed lots were numbered lot 69, 70 and 71 while new plans propose two, lots 69.01 and 70.01.

Mr. Houser explained lot 70.01 has an entrance off West Shore Drive, with lot size of 24,192 sq ft, frontage of 115 ft and lot width of 38.2 ft requiring a variance.  Lot 69.01 has lot size of 27,619 sq ft, no road frontage or lot width but at 40 ft setback would be 174.2 ft.

Regarding environmental issues, Mr. Houser stated the property has a 50 ft. riparian zones and noted proposed application will meet all required NJDEP flood hazard rules.  Included in plans is an environmental sensitive area assessment showing area calculations of slopes and riparian zones to meet Township Ordinances for improvable area.   

Mr. Houser explained the driveway configuration is similar as previously testified that allows access for emergency vehicles although no turn around area.  The applicant and owner of lot 69.01, by recorded deed restriction, will agree to be responsible for maintenance and snow removal of entire driveway. 

With larger proposed lots, the houses will be slightly larger utilizing 7.1% total building coverage, lot 69.01 – 1,954 sq ft and lot 70.01 will be 1,714 sq ft.  Total impervious coverage for lot 69 is proposed at 15.2% and for lot 70.01 is 23.4%.

Mr. Houser provided grading details on plans submitted showing relocated septics and wells pending Health approvals.  Stormwater analysis shows location of proposed drywells, seepage pits to meet Township Ordinance and maintain the 50 ft riparian zones.  Architectural plans for both houses have not been completed yet but will be aesthetically pleasing for community with site plan approval done by Board Engineer when submitted to Township departments. 

Board Planner Caldwell noted site plan meets most bulk standards, but three variances are requested: lot width for Lot 70.01 at 38.2 ft; lot width for Lot 69.01 at 0 ft (not measurable) and planning variance for lot 69.01 as the site does not front on approved street.

Mr. Stoner noted testimony confirmed code regulations be met for height for both houses and added a Lot Development Plan (LDP) application is required for both lots.  Per Township code, driveways shall have a maximum slope of 5% and driveway of lot 70.01 is steeper which will need to be modified during LDP review.  Grading for both lots must be done at the same time to work together, and more testimony is needed about proposed landscaping.  Mr. Stoner added applicant testified on the need to obtain required NJDEP general permit to adhere to rules regarding site disturbance.

Mr. Houser stated there are no plans to add lighting on shared driveway due to only two houses being proposed. 

Chairman Theobald opened the hearing to the Public.  Seeing no one wishing to come forward, Chairman Theobald closed the meeting to the Public.

 

 

Motion: Motion to Approve LU#5-23-8 as per testimony and conditions discussed was made by Ms. Cocula and was seconded by Mr. Williams.

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

Motion Passed.

LU#5-23-7 – Restoration Agriculture, LLC

Chairman Theobald announced that LU#5-23-7, Restoration Agriculture, LLC had previously been carried to the Land Use Board agenda of December 13, 2023.  Applicant has requested to be carried to February 28, 2024 with no further notice required.  Board Members approved request.

 

LU# 11-23-17 – Veolia Water New Jersey Inc. – Block 217, Lot 6, - Site Plan with Conditional, Bulk and Use Variances to renovate the existing building to install NJDEP required PFAS treatment Equipment

 

Chairman Theobald stated Mr. Whitaker and Ms. Cocula have elected to recuse themselves from hearing application due to affiliation with contract seller but there is adequate number of members present for a quorum.

Attorney Craig Bossong, from firm of Florio, Perucci, Steinhardt & Tipton, came forward on behalf of applicant requesting approval for conditional use variance to renovate existing building to install a PFAS treatment system for public water supply. Site is located at corner of Masker Road and RT 517 across from beach and recreational facility and currently shared by Veolia and Walnut Hills Council Club Association.  Site is currently under contract for purchase by Veolia for installation of NJDEP required treatment equipment.  Mr. Bossong stated the footprint of building will not change with interior renovation only, gravel area will be reseeded with grass, new septic system will be installed.  There is a pre-existing non-conforming lot width of 74 ft where 100 ft is required, and application does not meet all conditions for conditional use causing need for Board approval.

Eugene DeStefano, Engineer with Mott Macdonald, was sworn and accepted by Board to testify on behalf of applicant requesting approval for proposed improvements to allow PFAS water treatment system on site.  He explained the improvements for Veolia water will encompass the entire building and utilize existing underground piping for distribution to the users.  Plans page C1of 2 is proposed site plan showing grass lawn where gravel existed and new proposed paved driveway off Masker Road.  Landscaping will be added to grass area fronting RT 517.  A below grade concrete vault is proposed which will contain brine waste that will need to be pumped out on a monthly basis during normal business hours.  The existing septic will be replaced per health Dept standards for use by Veolia employees. 

Mr. DeStefano stated an emergency diesel generator will be installed behind the building within an enclosure to be used during power outages and tested on a routine basis.  The new driveway will be paved with security lockable swing gate installed for security purposes.  He described exhibit A2.01, color rendering of building, which shows window, siding & roof upgrades to building, double door with single light, facing downward, in front of building to provide access for system maintenance.  A single door will be installed facing Masker Road with no light. Mr. DeStefano stated the building will be alarmed to connect to central Veolia system and no external cameras on building.  He added applicant will comply with local fire department requirement of installation of Knox Box if needed. 

Mr. DeStefano described exhibit A-1, color rendering of view from Primrose Lane from rear of property towards RT 517 showing existing well, fire hydrant, generator.  Exhibit A-2 shows view from RT 517 showing swing gate on driveway, new grass area, double door with light and building upgrades.  Mr. DeStefano explained the proposed improvements to the site use less impervious coverage and cause no detriments to the public.  He added the construction timeline after all approvals are received would proceed in early spring and take six to eight months to complete. 

Mr. Stoner recommended that additional plantings be added around building and generator and plans need to be updated to include new grass area, and grading details for driveway.  Plans also need to be revised to remove belgium block and concrete pad not proposed.  Attorney Bossong agreed to comply with Board Engineer’s recommendations for landscaping and plan revisions. 

Ms. Caldwell requested further information on number of employees, noise from generator, and landscaping.  Mr. DeStefano explained as an unmanned site, employees will routinely visit site daily and once a month the brine tank will be emptied.  Noise from generator will meet standards of ordinance and applicant will add landscaping as recommended by Board Engineer. Ms. Caldwell stated due to testimony, no charging station will be required, and testimony has been provided for requested variances.

Mr. Spoerl questioned amount of lighting on site and need for hydrant and recommended alternative looking device be used so local Fire department is aware of purpose.  Mr. DeStefano explained hydrant will be used to flush out the treatment system and should not be used by fire departments. He added the applicant will provide a cut sheet for motion detector light to meet standards.  Board members reiterated need for applicant to work with Board Engineer to add landscaping throughout site that needs minimal maintenance and provides residential look.  Mr. Williams noted gravel area is currently used for parents parking waiting for school buses which with the site ownership change will now move on to Masker Road. Attorney Bossong explained the PFAST treatment system is mandatory by the New Jersey DEP not because of violations but due to potential projections of existing water system which services approximately twenty customers.  He added the new septic system is for use by employees while performing maintenance.

Chairman Theobald opened the hearing to the public.

Andrea Cocula expressed concern that removal of gravel area will cause bus stop traffic issue on Masker Road or RT 517 and questioned if bus stop could be moved.

Attorney Bossong noted applicant’s Risk Manager would not approve of public using the private property. 

Seeing no one further wishing to come forward, Chairman Theobald closed the hearing to the public.

 

Motion: Motion to Approve LU#11-23-17 as per testimony presented and conditions noted was made by Mr. Wiliams and was seconded by Mr. Spoerl

ROLL CALL: WILLIAMS: Y; SPOERL: Y; MCPEEK: Y; HALEY: Y; THEOBALD: Y.

Motion Passed.

Ms. Cocula and Mr. Whitaker rejoined the Board.

Resolutions

 

LU# 7-20-4 – 515 Vernon Property LLC – Block 413, Lot 10, - Preliminary and Final Site Plan - Request for Extension of Time

Eligible to vote: Auberger, Williams, Tadrick, McPeek, Cocula, Whitaker

 

Motion: Motion to Approve Resolution for LU#7-20-4 was made by Ms. Cocula and was seconded by Mr. Williams.

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

Motion Passed.

LU# 9-23-12- Rosemark Realty – Block 227, Lot 3, - Preliminary & Final Amended Site Plan to Upgrade the Existing Structure on the Property to Facilitate the Operation of a Cannabis Manufacturing Facility

Eligible to vote: Auberger, Williams, Spoerl, McPeek, Cocula, Whitaker, Haley, Heftler

Board stated the two types of process on page two should be ice water process and hydra carbon process.

Motion: Motion to Approve Resolution for LU#9-23-12 was made with corrections as stated by Ms. Cocula and was seconded by Mr. McPeek.

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

Motion Passed.

LU# 9-23-13 – Mountain Dispensary, LLC – Block 607, Lot 35, Site Plan with Conditional Use for Approval to Open and Operate a Class-5 Cannabis Retail Dispensary

Eligible to vote: Auberger, Williams, Tadrick, Spoerl, McPeek, Cocula, Whitaker, Haley, Heftler

 

Motion: Motion to Approve Resolution for LU#9-23-13 was made by Mr. Whitaker and was seconded by Mr. Williams.

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

Motion Passed.

Minutes

 

• November 8, 2023 – Regular Meeting Minutes (Auberger, Williams, Tadrick, Spoerl, McPeek, Cocula, Whitaker, Haley, Heftler)

 

Motion: Motion to Approve Minutes for November 8, 2023 was made by Ms. Cocula and seconded by Mr. McPeek.

 

All Members eligible were 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

• Land Use Board Business – Services Through 10/27/23 ($1,438.00)
• Land Use Board Business – Services Through 11/8/23 ($600.00)

• Sussex Cultivation – LU# 2-23-4 – Services Through 10/9/23 ($578.00)
• Dean Anthony – LU# 5-23-8 – Services Through 10/26/23 ($334.00)
• Alias Brewworks – LU# 9-23-11 -Services Through 10/31/23 ($447.50)
• Rosemark Realty - LU# 9-23-12 –Services Through 10/25/23 ($447.50)
• Mountain Dispensary – LU# 2-23-13 – Services Through 10/4/23 ($136.00)
• Mountain Creek Resort – LU# 9-23-14 – Services Through 10/31/23 ($464.50)
• Havenly at Great Gorge – LU# 10-23-16 – Services Through 10/30/23 ($96.00)
• Al Akkerman – LU# 9-23-15 – Services Through 10/25/23 ($45.00)
• Joseph Taylor – LU# 8-23-10 – Services Through 10/17/23 ($357.00)
• Dean Anthony – LU# 5-23-8 – Services Through 11/15/23 ($238.00)
• Havenly at Great Gorge – LU# 10-23-16 – Services Through 11/1/23 ($442.00)
• Veolia Water – LU# 11-23-17 – Services Through 11/9/23 ($45.00)
• 515 Vernon Prop. – LU# 7-20-4 – Services Through 11/10/23 ($345.00)
• Rosemark Realty - LU# 9-23-12 –Services Through 11/28/23 ($1,161.50)

 

• Alias Brewworks – LU# 9-23-11 -Services Through 11/20/23 ($238.00)
• Mountain Dispensary – LU# 2-23-13 – Services Through 11/1023 ($906.50)

 

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

• Land Use Board Business – Services Through 10/25/23 ($1,132.50)
• Land Use Board Business – Services Through 11/8/23 ($375.00)

• Sussex Cultivation – LU# 2-23-4 – Services Through 10/9/23 ($130.00)
• Rosemark Realty - LU# 9-23-12 –Services Through 10/22/23 ($455.00)
• Dean Anthony – LU# 5-23-8 – Services Through 10/20/23 ($755.00)
• Veolia Water – LU# 11-23-17 – Services Through 11/22/23 ($2,000.00)
• Waheguru Gas – LU# 3-22-2 – Services Through 11/3/23($260.00)
• Havenly Communities – LU# 10-23-16 – Services Through 10/30/23 ($325.00)
• Al Akkerman – LU# 9-23-15 – Services Through 11/6/23 ($625.00)
• Mountain Dispensary – LU# 2-23-13 – Services Through 11/2/23 ($325.00)

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

• Land Use Board Business – Services Through 9/13/23 ($414.00)
• Land Use Board Business – Services Through 10/25/23 ($483.00)

• FW Webb – LU# 2-23-2 – Services Through 9/25/23 ($250.00)
• Raymond Little – LU# 3-22-3 – Services Through 9/20/23 ($103.75)
• Rosemark Realty - LU# 9-23-12 –Services Through 9/27/23 ($997.75)
• Mountain Dispensary – LU# 2-23-13 – Services Through 9/20/23 ($69.00)
• Bright Horizons – LU# 1-22-1 – Services Through 9/27/23 ($487.00)
• Mountain Creek Resort – LU# 9-23-14 – Services Through 10/10/23 ($207.00)
• 515 Vernon Prop. – LU# 7-20-4 – Services Through 10/3/23 ($345.00)
• Sussex Cultivation – LU# 2-23-4 – Services Through 10/16/23 ($207.00)
• FW Webb – LU# 2-23-2 – Services Through 10/24/23 ($207.00)
• Bright Horizons – LU# 1-22-1 – Services Through 10/23/23 ($876.00)
• Dean Anthony – LU# 5-23-8 – Services Through 10/19/23 ($655.00)
• Alias Brewworks – LU# 9-23-11 -Services Through 10/10/23 ($207.00)
• Rosemark Realty - LU# 9-23-12 –Services Through 10/20/23 ($1,696.00)

4. Board Recording Secretary – Irene Mills ($75.00)

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

Ms. Cocula recommended the Land Use Board meetings he held as hybrid for Board members and public for ease of attendance.  Discussion questioned if Room is set up properly for hybrid meetings and if Board has someone to operate the computer and share all project files remotely for all.  Proper notice of meetings would need to be made and should technical issue occur, meeting and hearings would need to be rescheduled.  Issue of potential litigation could happen if remote member not participating properly.  Applicant files would need to be provided prior to meeting in order to be uploaded by Board Secretary to remote system.  No action was taken by Board.

Adjournment

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

Meeting was adjourned at 8:35 pm.

Respectfully Submitted                        

Irene Mills, Recording Secretary