Minutes May 24, 2023

 

VERNON TOWNSHIP LAND USE BOARD

REGULAR MEETING MINUTES

May 24, 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      P                      

Craig Williams                                    P                      

Councilmember Joseph Tadrick         P                      Kimberley Decker, Board Secretary

Martin Theobald                                 P         

Richard Spoerl                                    P                     

Willard McPeek                                  P

Andrea Cocula                                    P

Michael Whitaker                               P                          

Jacqueline Haley                                 P         

Kelly Mitchell Alternate #1                P

Mark Heftler   Alternate #2                P

Paul Mele Alternate #3                      P

Mark Vizzini Alternate #4                  NP

 Also Present:

Steve Tombalakian, Board Attorney

Cory Stoner, Board Engineer

Kimberley Decker, Board Secretary

Chairman Theobald notified public members present that the Cannabis Application has been carried to June 28, 2023 and there will no public comments allowed per law due to Applicant not present.

 

Public Hearings

LU# 4-23-5 – Sean Mangan, Block 605, Lot 19, - Rear Yard Variance for a Single-Family

Dwelling

William Haggerty, Attorney on behalf of Applicant, stated application is for a variance for rear yard setback for a single-family residence. Mr. Sean Mangan, owner, was sworn in to testify for application.

Per report dated May 19, 2023, Mr. Stoner listed major technical items not submitted by applicant:

#1  Sealed survey map of entire tract

#12 ESA delineations and calculations

#14 Show all existing structures within 200 ft on plan

#16 Show information on wetlands or water bodies that affect subject property

#24 Certification note on Plan that no wetlands exist within 150 ft.

#35 Summary of all waivers requested with justifications for each

#39 Description of variance relief needed    

Mr. Stoner recommended the items listed be temporarily waived for the purpose of hearing the application but noted testimony should provide information on matters listed. All Board Members voted in favor to proceed with hearing.

Mr. Haggerty stated due to dilapidated condition of existing house on Block 605 Lot 19, applicant is proposing to demolish the house and expand the existing garage to convert to residence. Applicant has met all bulk requirements except for rear yard setback of 29.2 ft where 50 ft is required by code in the R-4 zone causing need for variance. He added the larger lot size allows enough room for installation of new well and septic.

Mr. Mangan, owner of Block 605 Lot 19, stated the condition of the existing building is beyond repair and cost prohibitive based on assessment by Architect due to foundation issues, roof holes and interior water damage. He stated the intent is to add 26ft to back of existing garage and configure a 2-bedroom, 3-bathroom residence with driveway, new well and septic. Mr. Mangan explained that the improvements will be built to construction code standards and be more aesthetically pleasing to the neighboring condominium properties. Mr. Haggerty summarized the application is not creating a new non-conformity, just extending what is established for garage.

Attorney Tombalakian stated applicant is seeking C1 variance for rear yard setback due to current condition of house, existing location of garage and required designs for new septic and well.

Mr. Stoner questioned why applicant is utilizing garage for new home. Mr. Mangan stated garage is a well-built masonry structure and would be cost effective to utilize for purpose of building new home on the site. Mr. Stoner noted driveway plan must be submitted and explained that the driveway apron of 25 ft must be paved and if the slope is greater than 8%, the entire driveway must be paved. Mr. Stoner noted plans must be updated with retaining wall information and notified applicant that any wall over 4 foot high must have engineering design. Other approvals required include Sussex County Health Dept. for septic and well, Upper Delaware Soil Conservation District and Vernon Construction Dept. Mr. Mangan agreed to comply with Board Engineer’s requirements.

Ms. Haley questioned height of proposed building and if it will adversely affect view from adjacent properties. Mr. Mangan noted proposed total height is 28.2 ft at peak and described location photos in application packet confirming height will not affect neighbors. Mr. Williams questioned unusual septic design proposed but Chairman Theobald explained that the Land Use Board does not have authority as Vernon is subject to septic approvals by Sussex County Health Dept. Mr. Stoner added proposed septic is a pumping system due to elevation of site.

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

 

Attorney Tombalakian explained Application is for a C1 Bulk Variance for Rear yard setback of 29.2 ft where 50 ft is required to reconstruct existing garage to new residential dwelling. Applicant has agreed to provide sealed property survey, obtain required permits for retaining walls; will work with Board Engineer for approval of driveway placement and grading plan and agreed to all technical recommendations per Board Engineer’s report.

 

Motion: Motion to Approve LU#4-23-5 as per testimony presented was made by Ms. Cocula and seconded by Mr. Auberger.

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

Motion Passed.

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.

Minutes

 

Ø  April 26, 2023 – Regular Meeting Minutes (Williams, Spoerl, McPeek, Cocula, Whitaker, Haley, Mitchell, Heftler)

 

Motion: Motion to Approve Regular Minutes of April 26, 2023 was made by Mr. Whitaker and was seconded by Mr. McPeek.

All Members eligible voted 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

Ø  Land Use Board Business – Services Through 4/26/23 ($651.00)

Ø  Mountain Creek – PB# 2-91-4 – Services Through 4/20/23 ($447.50)

Ø  Bright Horizons, LLC – LU# 1-22-1 – Services Through 4/17/23 ($515.50)

Ø  Sussex Cultivation, LLC – LU# 2-23-4 – Services Through 4/27/23 ($753.50)

Ø  FW Webb – LU# 2-23-2 - Services Through 4/26/23 ($578.00)

Ø  Minerals Resort & Spa – LU# 1-23-1 – Services Through 4/17/23 ($481.50)

Ø  Sean Mangan – LU# 4-23-5 – Services Through 4/21/23 ($45.00)

Ø  515 Vernon Property, LLC – LU# 7-20-4 Services Through 4/14/23 ($85.00)

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

Ø  Land Use Board Business – Services Through 4/12/23 ($437.50)

Ø  Mountain Creek – PB# 2-91-4 – Services Through 4/6/23 ($130.00)

Ø  Sussex Cultivation, LLC – LU# 2-23-4 – Services Through 4/24/23 ($2,285.00)

Ø  Bright Horizons, LLC – LU# 1-22-1 – Services Through 4/7/23 ($1,575.00)

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

Ø Land Use Board Business – Services Through 3/22/23 ($414.00)

Ø  Minerals Resort & Spa – LU# 1-23-1 – Services Through 3/17/23 ($388.00)

Ø  Sussex Cultivation, LLC – LU# 2-23-4 – Services Through 3/17/23 ($2,714.50)

Ø  FW Webb – LU# 2-23-2 - Services Through 3/22/23 ($3,229.75)

Ø  Bright Horizons, LLC – LU# 1-22-1 – Services Through 3/20/23 ($69.00)

Ø Boho Realty – LU# 2-23-3 – Services Through 3/8/23 ($138.00)

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

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

 

B.      Request for Escrows to be closed

Ø  LU# 2-20-1 – Market Square Management, LLC - Block 259, lot 4 & 13, - Minor Site Plan with parking Variance ($873.00)

Motion: Motion to Approve Release of Escrows 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. Williams. All Members were in favor.

Meeting was adjourned at 7:40 pm.

Respectfully Submitted                        

Irene Mills, Recording Secretary