Minutes October 11,2023

 

VERNON TOWNSHIP LAND USE BOARD

REGULAR MEETING MINUTES

October 11, 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
Martin Theobald	P
Councilmember Joseph Tadrick	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	P
Paul Mele Alternate #3	NP
Mark Vizzini Alternate #4	NP

Also Present:

Steve Tombalakian, Board Attorney

Cory Stoner Board Engineer                     

Kimberley Decker, Board Secretary

 

Resolutions

 

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

Eligible to vote: Williams, Tadrick, McPeek, Cocula, Whitaker, Mele, Theobald

Board Members confirmed Resolution included security and air filtration process conditions as approved.

Motion: Motion to Approve Resolution for LU#2-23-4 was made by Mr. Williams and was seconded by Ms. Cocula.

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

Motion Passed.

 

 

Public Hearings

 

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

Chairman Theobald stated to the Board the Applicant is requesting the application be carried to the October 25, 2023 Land Use Board meeting with no further legal notice required which was accepted by Board Members present.

 

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

Alexander (AJ) Morgenstern, Esq. came forward on behalf of applicant for minor site plan approval of proposed Craft Brewery with no variances needed on site of 17 Old Rudetown Road which is a permitted use in the C2 zone.  Owner of site also owns adjacent lot at 19 Old Rudetown Road.  Applicant is proposing 32 parking spaces including two ADA spots where 31 are required.  Proposal includes alteration to existing septic and installation of one wall sign and one ground sign where previous business sign once stood.  He noted this application is a good operation for the site and will improve general aesthetics.

Mr. Stoner stated per report that applicant requested minor waivers for topography within 200 ft of site, grading plan, stormwater review and soil type information.  Due to no changes to impervious areas, he recommended application to be complete for purpose of hearing.   All Board approved to proceed.

Mr. Thomas Troncone, owner of Alias Brewworks was sworn in and testified that no other tenants will be on site; no other owner’s business will be on site and there will be no exterior modifications to the building.  He added there will be modifications to the parking lot, septic, and interior of building.

Mr. Troncone noted he owned Muckrakers Brewery in Franklin which was a labor-intensive process selling small batch Belgian beers using NJ fruits with distribution in several states. He and two other brewery owners will partner with him to offer more varieties of pilsners and lagers and looks forward to operating the Brewery in Vernon with a small tasting room and limited distribution.  Mr. Troncone stated the Franklin business operated for four and half years with no complaints from neighbors nor need for police assistance. The application proposes a new wall sign and one ground sign with the new business logo which will comply to Township codes. 

Mr. Troncone stated per the Sussex County well report, the capacity of site is 386 gallons/day and noted estimated business amounts are well under and will not impact any adjacent wells.  He added the four existing garage doors will only be opened/utilized when receiving deliveries and nothing will be blocking ingress or egress.

Board Members questioned anticipated opening date should approval be granted.  Mr. Troncone explained the opening date depends on the NJ ABC approval of transfer of Muckrakers Brewery, Alias Brewworks and Two Villains Brewery.  No more questions from Board.

Mr. Jeff Houser, Eng, was sworn in and testified that the existing large, paved parking lot was approved for 12 striped spaces only for construction garage with storage and small office.  Parking standard for proposed new use requires 31 parking spaces per calculations:

            Tasting Room 1space /3 seats             70 seats proposed       = 23.3 spaces needed

            Office              1 space/300 sq ft.        600sq ft proposed       = 2 spaces needed

            Warehouse      1 space/1000sq ft        2759 sq ft proposed    = 2.8 spaces needed

            Employees       2 employees proposed                                    = 2 spaces needed

                                                                                                            =30.1 spaces needed

Applicant is proposing 32 parking spaces of 18’ x 10’ standard size, of which two will be ADA compliant, with 24’ drive aisle to comply with circulation requirements throughout site.

Mr. Houser explained per prior 2015 approval, there is a shared septic system with sewer easement for septic beds on each 17 & 19 Old Rudetown Road lots with intent for future development on #19 as approved by Health Department. Due to new use on site, intensity for water is greater, requiring merger of the two septic fields and addition of Advance Treatment system to make wastewater cleaner before returning to ground.  Also, due to food production on site, a TWA approval from NJDEP is required and is awaiting approval from August submission.  Applicant acknowledges taking field bed from #19 will require any future development to install a new septic system and obtain amended site plan approval before the Land Use Board.

Mr. Houser noted the applicant is installing only one wall sign decreasing nonconformity where two previously existed.  Mr. Stoner requested testimony on interior floor plans.

Mr. Morgenstern submitted Exhibit A-1, having three sheets of interior floor plans showing street side ground level office and second story private tasting room; production is in middle section and tasting area in rear of the building.  Patrons will utilize main doors to enter. 

Mr. Stoner expressed concern about prior Preliminary Approval for #19 and if #19 should ever be sold, a deed notice must be filed to include that amended site plan is required for new septic approval.

Daniel Schweighardt, owner of both #17 and #19 was sworn in and acknowledged that cross easement approved by Health Department will not be valid anymore with new approval and that #19 will be required to amend site plan and install a new septic. 

Mr. Stoner noted the application does not include an EV make Ready space in the parking lot plan.  Board members discussed issue that no new pavement will be installed, the EV requirement will not be a condition of application. 

Mr. Morgenstern summarized that the applicant is requesting approval for minor site plan for a craft brewery, a permitted use with no variances, and modifications to parking and septic system as testified.    

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

 

Motion: Motion to Approve LU#9-23-11 based on testimony was made by Mr. Auberger and was seconded by Ms. Cocula.

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

Motion Passed.

Chairman Theobald stated Board will take a five-minute recess at 7:47 pm.  Meeting reconvened at 7:52 pm. 

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

Bill Mendrzycki, Esq., Andrew Vischio, Dewberry Engineers; Evan Kovach, Eng.; and Matt Carter, Operations, came forward on behalf of Mountain Creek Resort to provide testimony for minor site plan to relocate existing snow tubing area. 

Mr. Stoner noted a few items were not submitted but noted the plans and application submitted are acceptable to proceed with hearing. 

Mr. Kovach explained in 2011, the snow tubing area created by Intrawest was located behind Cobblestone village, then moved in 2012 to area across RT 94, then moved in 2021 to lot to south of Cobblestone.  Applicant proposes to move the snow tubing area within the current Block/Lot to the original 2011 area for better guest experience and safety reasons. 

He added years ago, the park had 14,000 guests per day, but in 2019 the current owner changed the business strategy decreasing guest amount by raising ticket price with less crowded guest experience.  Currently the park has 4054 parking spaces where only 3276 are required. Proposed relocation will decrease parking space amount to 3904, still 20% above required.  During recent Oktoberfest event where 6000 patrons attended, resort did not utilize all lots which confirmed the resort is overparked per present business model. 

Mr. Kovach explained the snow tubing area still exists with lighting and speakers, applicant only will need to re-assemble the magic carpet and reinstall snow guns to operate.  Magic carpet will have fencing structure as required and inspected by NJDCA.  He added the relocation will increase patron safety as there will be direct access from Cobblestone lots without crossing a roadway. 

Mr. Vischio stated the relocation of the snow tubing feature behind Cobblestone Lot will reduce the parking spaces in that lot from 1320 to 1170 but noted traffic patterns are not expected to change. The park only experiences 5-8 peak days a year when overflow lots are utilized, confirming park has capacity per needs of current business plan.  He added the relocation will have no significant land disturbance or grading.  Mr. Vischio described details of roadway to tubing area and site plan with color photos in Exhibit A-1.

Mr. Stoner recommended condition of approval that applicant will submit As-built map of area after construction showing all improvements and parking spaces.  

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

Mr. Mendrzycki summarized applicant is requesting approval for minor site plan to relocate snow tubing area with no change or excavation to land and to utilize existing lighting and speakers. Applicant will not construct any buildings but may in future explore food truck service.

Attorney Tombalakian noted conditions include Board Engineer to review nighttime lighting, applicant to submit as built map after construction, and applicant to obtain all permits to reassemble tubing equipment.

 

Motion: Motion to Approve LU#9-23-14 based on testimony was made by Ms. Cocula and was seconded by Mr. McPeek.

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

 

Minutes

 

• September 27, 2023 – Regular Meeting Minutes (Williams, Spoerl, McPeek, Cocula, Whitaker, Haley, Mitchell, Heftler, Theobald)

 

Motion: Motion to Approve Minutes for September 27, 2023 was made by Ms. Cocula and seconded by Mr. Williams.

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

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 ($75.00)

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

Meeting was adjourned at 8:12 pm.

Respectfully Submitted                        

Irene Mills, Recording Secretary