Minutes November 8, 2023

 

VERNON TOWNSHIP LAND USE BOARD

REGULAR MEETING MINUTES

November 8, 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

Vice Chairman Spoerl led the assemblage of the Flag.

 

Roll Call

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

 

Also Present:

Glenn Kienz, Board Attorney

Cory Stoner Board Engineer 

Alison Kopsco, Board Planner

Kimberley Decker, Board Secretary

                           

   

Vice Chairman Spoerl stated that Ms. Mitchell and Mr. Theobald notified the Board of their absence

 

Public Hearings

 

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

Jasvinder Arjani, Burton Engineering, came forward to request an extension of time for approval of preliminary and final site plan at Block 413 Lot 10 previously approved.  He stated reasons for request include seller had to satisfy lien of property before closing and condition to acquire a piece of property from town will require approval of easement per Board Engineer.   Mr. Arjari stated applicant has filed necessary applications to the County Planner and Soils and after approval would like to move forward in spring of 2024.

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

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

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

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

Frank Vitolo, Esq., Sills Cummis Gross, came forward and stated hearing on October 25, 2023 included testimony from Seth Brown, Matthew Blake and Steve Olympio covering manufacturing operations, logistics and deliveries.  Continued testimony will discuss waivers requested by Kate Keller, Planner and Jeffrey Doolittle, Engineer. 

Mr. Doolittle, sworn in and accepted as licensed Engineer by the Board, discussed map sheet #1 being an as built dated 7-11-2023 and sheet #2 being final construction drawings dated 8-25-23 & revised on 11-6-2023.  Changes added to sheet #2 include sediments, fencing, contours, grading, and housekeeping of local zoning regulations.  Front yard setback of 10.7 ft was granted and improved lot coverage decreased from 60,091 q ft to 49,726 sq. ft.  The total building coverage is 10,359 sq ft broken down to 3,489 in upper level, 1,527 in storage and 5,343 in manufacturing lower level.   Mr. Doolittle stated the building usage with employees requires 29 parking spaces of which 29 are proposed with 3 being handicapped.  The access road off of Maple Grange Road is adequate for traffic flow of garbage trucks, EMS and fire trucks for sight distance and security. 

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Mr. Vitolo distributed the most current plans labeled Exhibit A-2 dated 11-6-2023 containing 5 sheets.  Sheet 1 shows as built with no changes to original.  Sheet 2 is overall site plan per testimony above.  Sheet 3 shows lighting, expanded landscaping plan showing proposed American Elm and Japanese Maple trees, soil conservation notes, access drives.  The security fence will contain no outriggers or barbed wire. In response to Board Engineer’s comments about dumpster enclosure, it will be fenced by stronger chain link with slats to screen and protect with additional plants to enhance aesthetics.  Additional landscaping will be added on easternly line to street to help shield property.  Mr. Doolittle explained the enhanced lighting plan shown on sheet #3 including building mounted lights and one on metal shed.  Sheet #4 describes construction detail and area map detailing curbside pavement, proposed fence with dumpster, seepage pit, and catch basin.  Sheet #5 is the drainage area map showing drainage into system of inlets from roofs, parking areas and open spaces which is means of verifying calculations of drainage.

Mr. Stoner explains that applicant must meet current standards for stormwater regulations and requests more testimony to explain multiple uses of site and purpose of access driveways.  Prior approvals included phase 1 & 2 which were not fully completed, and Board requests all uses to be encompassed in this approval.

Mr. Doolittle explains the gravel access drive around building is for owners current contracting operation that is more suitable for equipment like bulldozers, tractors, and trailers. Mr. Stoner acknowledges the area in back can remain gravel, but plans need to be updated to provide clear delineation of entire site to meet stormwater calculations.  Mr. Vitolo stated that applicant will agree to condition to clearly define areas of gravel, pavement, and grass on site map. Mr. Stoner stated Township code requires commercial site must be paved but access drive can be waived per testimony presented.

Mr. Stoner stated testimony regarding lighting and dumpster fencing are adequate but landscaping plan should be subject to Board Planner & Engineer’s review.  Mr. Vitolo stated there are no freestanding or wall signs proposed but applicant needs mailbox identification.  He added applicant will comply with any required traffic directional signage per state codes.  Regarding no loading space proposed, Mr. Doolittle explained two paved parking spaces at garage entrance, have dual use for parking and loading and acknowledged that plans must be revised to reflect final construction drawings to be consistent with testimony.  Ms. Kopsco confirmed that the 29 parking spaces proposed include the two loading spaces by garage meeting the requirement. 

Kate Keller, Planner for applicant came forward and was sworn in as valid licensed Planner.  She stated that application proposes no new buildings only site upgrades. Although no variances are requested, she stated there are a few waivers requested of site plan Ordinance.  Literal enforcement of Site Plan revisions have to prove they are impractical or show hardship on site conditions involving screening. Site contains dense evergreens in rear westerly portion and new plantings are proposed in parking area and dumpster area per approval by Board professionals.  Ms. Keller noted waiver of loading space is requested but is confident area designated will suffice for business deliveries.  Design waiver for parking space size of 9 x 20 where ordinance requires 10 x 18 is requested but noted only employees to be on site.  Ms. Keller explained the application is a permitted use in the zone and will improve aesthetics of site.  Mr. Stoner added the waiver of paving entire parking area is needed and recommends it be granted as gravel is better alternative for contractor’s vehicles in back area not visible from public roadway.  Applicant stated deliveries will be minimal, once per day outgoing and twice per week incoming.  No more questions of Board Members.

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

Attorney Keinz noted approval is per Board Professional’s conditions regarding stormwater management, landscaping, revision of site plan sheet #2 of 5, lighting plan, fencing of chain link with slats permitted, signage per Township Ordinance and state regulations, and any other appropriate agencies as needed. 

Motion: Motion to Approve LU#9-23-12 as per testimony and stipulations presented was made by Mr. Williams and was seconded by Ms. Cocula.

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

Motion Passed.

Vice Chairman Spoerl stated a five-minute recess will be taken at 7:51pm.  Meeting was reopened at 7:56 pm.

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

Matthew Fredericks came forward as Attorney for Applicant to request approval of Class 5 Cannabis Retail Dispensary at site on RT 94 in Vernon.  He noted Applicant appeared before Vernon Township Council several months ago under name of Mary Jane Joint, LLC which had received conditional approval by the State.  Township Council had recommended name be changed to which applicant agreed, changing name to Mountain Dispensary but noted state license has since expired.  He added a new annual license has been applied for under new name, Mountain Dispensary and hope to be on CRC agenda in December for approval.  After State and local approvals are obtained, state inspections per CRC regulations will be done before opening. 

Attorney Kienz questioned if state would approve application with front door delivery as proposed in application as he has not seen in any other applications.  Mr. Fredericks explained, per Exhibit A3, products would be delivered by small vans in small discrete boxes through the front door checked in by Security per CRC protocols for strict inventory control.  He added after Land Use Board approval and highly regulated CRC inspection, applicant will comply with all local regulations.

Debra Chase, member of Mountain Dispensary LLC, was sworn in and explained, as onsite manager of previous site business for 5 1/2 years, the location never had any issue with adequate parking, 71 spaces, for the two businesses even during high peak times.  Ms. Chase offered Affidavit from Rockaway, NJ Retail cannabis facility manager that at any given time, the highest number of customers is 14 in addition to 5-7 employees demonstrating parking would be sufficient.  Ms. Chase stated there would be up to 10-15 staff members on site, of which 2-3 are managers and 5-7 are bud tenders along with 1-2 security officers. 

Ms. Chase explained there will be three kiosks for customers to place order on digital menu then proceed to POS counter to pay and pick up products.  An ATM is located within the site for customer convenience although credit cards will be accepted.  Operating hours will comply with local Ordinance as follows: Monday – Wednesday 10:00 am – 9:00 pm; Thursday – Saturday 10:00 am – 10:00 pm; and Sundays 10:00 am – 8:00 pm.  Deliveries will be accepted through the front door entrance approximately 3-4 days per week.  Exhibit A2, image of South Plainfield store, was presented to show similar layout as proposed of security check in desk by front door entrance.  Board Professionals expressed concern that security could be compromised without double door at entrance or if space allows customers to access unattended.  Ms. Chase explained space shown on Exhibit is smaller than depicted in photo and will address issues should they arise. Mr. Fredericks explained the software on the kiosks will not work until the customer Identification has been scanned by security.

Ms. Chase explains customers are checked by Security, then choose items on kiosk screen with any questions being answered by bud tenders.  No products are on display, all inventory is secured in back.  Orders can also be placed online for in-store pickup only.  Mr. Fredericks explained Exhibit A1 depicts logo options for signage purposes which size and location will comply with Township Ordinance.   Attorney Kienz reminded Applicant that all signage must reflect LLC name completely per state rules.  Board agreed to allow Applicant to choose which logo to utilize for internally lit signage.

Ms. Chase explained the tracking system of products per CRC regulations.  Products are barcoded from seed to sale and all entries are reported directly to the CRC for quality control purposes.  Attorney Kienz questioned why emergency exit in back of facility will not be used for deliveries.  Ms. Chase noted the outside area in back is only paver stones not paved and not conducive for vehicle use.  She added for security reasons, the front door is more visible than secluded area in back of building.  Per layout plan, there will be security cameras with motion detectors installed and distress buttons notifying local Police throughout store, in DEA cage and by both outside doors.  The DEA approved vault can be accessed by key card only.  Ms. Chase stated video storage from cameras will be kept by offsite third-party vendor for up to 60 days as noted in SOP. Board Members had no further questions. 

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

 

Motion: Motion to Approve LU#9-23-13 was made by Mr. Tadrick per testimony presented and was seconded by Mr. Williams.

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

Motion Passed.

Attorney Fredericks respectfully requested right to waive receipt of resolution to proceed at own risk.  Attorney Kienz stated no Certificate of Occupancy will be given until State License is received.

Public Participation

Vice Chairman Spoerl opened the meeting to the Public for items other than on the Agenda.  Seeing no one wishing to come forward, Vice Chairman Spoerl closed the meeting to the Public.

 

Resolutions

 

LU# 9-23-11- Alias Brewworks – Block 605, Lot 22, - Minor Site Plan for a Proposed Craft Brewery in the existing two-story building

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

Motion: Motion to Approve Resolution for LU#9-23-11 was made by Ms. Cocula and was seconded by Mr. Tadrick.

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

Motion Passed.

LU# 9-23-14 – Mountain Creek Resort, Inc. – Block 378, Lot 20, - Minor Site Plan to relocate the existing snow tubing Area

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

 

Motion: Motion to Approve Resolution for LU#9-23-14 was made by Ms. Cocula and was seconded by Mr. Tadrick.

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

Motion Passed.

Minutes

 

• October 25, 2023 – Regular Meeting Minutes (Auberger, Williams, Spoerl, McPeek, Cocula, Whitaker, Haley, Heftler, Theobald)

 

Motion: Motion to Approve Minutes for October 25, 2023 was made by Ms. Cocula and seconded by Mr. Whitaker.

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

  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 – ($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 Board Fees was made by Ms. Cocula and was seconded by Mr. Spoerl. All Members were in Favor.  Motion Passed.

B. Request for Escrows to be closed

     LU# 6-15-8 – Wilson Facility Mngt. LLC – Block 605, Lot 22 – Site Plan for a Paving Facility ($1,262.67)

 

Motion: Motion to Approve Escrows be released was made by Ms. Cocula and was seconded by Mr. Tadrick.  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 Mr. Auberger and was seconded by Mr. Tadrick.  All Members were in favor.

Meeting was adjourned at 8:43 pm.

Respectfully Submitted                        

Irene Mills, Recording Secretary