Minutes October 25, 2023

 

VERNON TOWNSHIP LAND USE BOARD

REGULAR MEETING MINUTES

October 25, 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
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	P
Paul Mele Alternate #3	NP
Mark Vizzini Alternate #4	NP

  

Also Present:

Glenn Kienz, Board Attorney

Cory Stoner Board Engineer

Alison Kopsco, Board Planner

Kimberley Decker, Board Secretary

          

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

 

Public Hearings

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

Arthur M. Neiss, Esq. Beattie Padavano, on behalf of applicant, explained this is the second appearance for application and testimony will present changes made to plans to satisfy Board’s concerns from prior hearing.  Dean Dellolio, owner of property still under oath from previous hearing stated the responsibility of maintenance of the shared driveway for the three lots will fall to himself as owner of lake front lot and will run with lot if sold.  Attorney Kienz noted legal documentation of this matter will need to be reviewed by Board Attorney and Engineer should application move forward. 

Jeff Houser, Engineer for applicant stated application plans have been updated to reflect the most regular lot configuration.  The updated plans show rotation to allow all three houses to be built legally abiding to setback rules and greater separation with only one lot width variance required.  Mr. Houser stated plans were updated to show landscaping additions of arborvitaes, proposed advanced treatment septic units and well locations, all within setbacks as well as review of Board Engineer’s comments on October 19, 2023 report.

Mr. Stoner questioned height of structures proposed which Mr. Houser explained proposed houses will be modular and height will meet code requirement with no variances needed.  Attorney Kienz noted application contains plans of plots but when ready to build, plans are subject to final approval of Township Engineer while staying within the Land Use Board decision.  Mr. Stoner added each lot will be required to obtain a Zoning permit and Lot Development Approval to address grading, paved drive and stormwater management which was agreed upon by Applicant. Mr. Stoner stated DEP flood hazard approval and proper turnaround on shared drive is recommended to be conditions of approval.

The Board questioned why 50ft setbacks from the lake are not delineated on the plans and suggested proposal of only two houses to avoid riparian zones instead. The Board also asked how property values of adjacent lots will be affected with new development of smaller structures.  Mr. Neiss explained the issue of value is not part of the Board’s decision.  He added the owner purchased three lots with Town vacated roadway and wants to develop three lots. He has met the needs through shared driveway agreement plan to ensure emergency vehicle access.

Alex Dougherty, Planner, McDonough, Morris Plains was sworn in and accepted by the Board to testify on behalf of application for lot line adjustment for proposed three lots. Per planning exhibit labeled A1 of photos and map, he explained the lots are in the PLC zone where single family residence is a permitted use, and the vacation of the paper street allows for three more regular shaped lots.  The intent of the application is to comply with all bulk requirements of the PLC zone but one variance for lot width is required.  Survey of lakefront properties in subject area show that 24 out of 70 lots have discrepancies of less than or at 50% of lot width requirement indicating application is not out of character for the area.  Also noted is the vacation of the paper road brings the three proposed lots more into compliance.  Mr. Dougherty explained the application requests a planning variance for lots not fronted by roadway but noted benefit of better planning and more efficient use of land outweighs any substantial detriments.  He added the vacation of the street freed up unnecessary cul-de-sac providing more living space on the three lots.  The proposed lot configuration is more compatible and more aesthetically pleasing within the lake community while providing access to emergency vehicles for primary goal of public safety.  Impacts of the proposal for three lots, where three existed, is not increasing density while more compliant with bulk requirements than before.  The recorded deed clause will ensure the shared driveway for the three lots will be maintained in perpetuity.  Mr. Dougherty referenced the Municipal Land Use Law (MLUL) and noted application meets requirements for development. 

Mr. Dougherty stated all items in Planner’s report #2 have been addressed and referenced the neighborhood compatibility map showing proposed lots are similar in size in lake community.  The aerial drone view shows much tree cover in area with the proposed configuration as better planning tool and not over development for the area. 

Ms. Kopsco stated applicant has addressed all comments in Planner’s report and clarified that the lots are more regular shaped with houses architecturally similar to surrounding areas.  Mr. Williams noted the original subdivision was built in the 1960’s with 50 ft wide lots, too small to build on to meet environment and setback requirements.  He added photo shows algae present in the lake which suggests shallow water and poor circulation needing DEP approvals.  Applicant stated that development must adhere to 50’ riparian buffer and removal of trees will be limited only to needed area of development.

The Board expressed concern of responsibility of shared driveway maintenance and what recourse the town would have for public safety of residents.  Attorney Kienz suggested maintenance be tied to one property owner, with timeline of 24 hours after snowfall stops, or else owner will be back charged fees by way of lien to property.  Board questioned explanation of how application meets MLUL sections ‘E’ and ‘I’.  Mr. Dougherty explained section E deals with density and application is not increasing the density, it’s three lots vs. three lots.  Section I references creative design of development which application proposed houses built to code, meeting bulk requirements and is visually aesthetic for the area with preservation of environment per NJDEP standards. 

Mr. Theobald noted that applicant stated 24 of 70 lake front lots are more deficient in lot width but questioned how many are vacant and opined 50 ft width lots are very hard to build on.  Mr. Spoerl added rules from 1960’s when the lots were created had different standards and will pose many challenges to build 3 houses.  Mr. Dougherty stated plans for all three lots were able to conform with all setbacks including wells and septics.  He added the vacation of the roadway provided additional space to be more buildable and safer for the environment.  Mr. Stoner noted that emergency vehicles will be able to access all three lots but not able to turn around.  Ms. Cocula noted that the fire departments were not asked to comment on application. 

Mr. Dougherty stated that the idea to have two lots with larger houses or even one very large house will be out of character for lake that currently has a bulk lot size minimum of 10,000 sq ft per code.

Chairman Theobald opened the hearing to the Public for comments.

Paul Goldenberg was sworn in and stated he purchased a home built by the Applicant adjacent to proposal and is in favor of applicant building three houses as presented.

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

Attorney Kienz stated Applicant has provided testimony for proposed lot line adjustment for three lots with relief for planning variance and lot width variance.  Board Engineer will be required to approve a Lot Development Application for each lot to address grading, stormwater management and driveway details with grading of entire site to be done at same time. All items in Board Engineer’s and Board Planners report will be adhered to as well as required NJDEP permits.   No work is to be done until all approvals are received and deed filed for driveway responsibility.

Motion: Motion to Approve LU#5-23-8 based on testimony presented was made by Mr. Spoerl and was seconded by Mr. Whitaker.

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

Motion Failed.

Chairman Theobald called for a five-minute recess at 8:12 pm.  Meeting was reopened at 8:17 pm.

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

Chairman Teobald stated the Resolution for LU#9-23-11 is not yet completed and Applicant requested waiver of Resolution to proceed at own risk.  All Board Members acknowledged Waiver of Resolution.

 

Public Hearings

 

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, Attorney, from firm of Sills Cummis Gross, came forward for Applicant Sussex Cultivation for site plan approval of conversion of structure on the Block 227 Lot 3 property in the light industrial zone for a cannabis manufacturing facility.   Being a permitted use, interior modifications to 10,350 sq ft of existing building include an upper-level office and lower-level manufacturing area with redesigned parking plan as shown on Exhibit A1.

Mr. Vitolo stated Applicant has reviewed the Board Engineer’s and Planner’s reports and will present testimony by witnessed to address operation and security comments.  Mr. Stoner commented areas related to completeness of application include: grading, drainage design, soil erosion plan, certification of wetlands; area of disturbance delineated and CAD file of design plans.  He recommended temporary waiver of items for purpose of hearing application at this time but may be required upon approval.

Seth Brown, Director of Manufacturing for Sussex Cultivation, and Matthew Blake, Mechanical and Electrical Engineer, came forward and were sworn in to testify on application. Mr. Brown described the manufacturing process and general layout of facility as depicted on Exhibit A1. Rooms include employee locker room, dry storage room, shipping & receiving area, waste storage room, solvent extraction room and packaging area where finished goods are secured in vault accessible only by assigned key cards.  The facility has a class 1 booth for the hydra-carbon extraction process which is closed system.   He noted facilities loading dock will receive deliveries twice a week and ship finished goods once daily.  Mr. Brown added there will be seven to nine employees per shift from 7:00 am to 5:00 pm Monday through Friday.  The process from cannabis to finished products takes up to 24 days and is tracked regularly by the State CRC.  All equipment used for the manufacturing process must be compliant with CRC regulations and open to inspection.  Mr. Brown explained the two kinds of manufacturing, cold process and hydra carbon process for cannabis and noted no edibles will be produced on this site.  Amount of cannabis to be purchased by site in Vernon will depend on harvest causing possible need to utilize multiple suppliers. Water usage on site will be minimal as cold room contains only a 100-gallon tank.   

 Mr. Blake explained the C1D1 booth closed system that has smoke and heat detectors with ventilation fan due to use of butane gas.  In case of gas leak, automatic purge system tied to fire alarm system, per NFPA rules, will maintain safety of employees. Regarding odor of process, four odor control fans with carbon filters, rated for 7500 cu. ft are located throughout facility to eliminate any odors. 

Mr. Steven Olimpio, Security Director, referenced Exhibit A1, explained upper and lower-level security plan.  State of the Art camera system will be installed strategically throughout facility and monitored 24/7 by in-house security.  All doors will have swipe card access with specific permissions assigned by management.  Visitor access is very limited and will be accompanied by Security at all times.  Transportation of finished product will be by small cargo van per all CRC regulations.  Security will be onsite during regular business hours and respond after hours within 15 minutes. Police and Fire will have access as required by lock box. 

Mr. Vitolo explained the Engineer will attend next hearing to discuss traffic circulation.  Application is requested to be carried to November 8, 2023 with no further notice required.

 

Resolutions

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

 

Chairman Teobald stated the Resolution for LU#9-23-11 is not yet completed and will be added to next meeting.

 

LU# 8-23-10- Joseph Taylor – Block 254, Lot 9, - Front Yard Variance for a Proposed Attached Garage

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

 

Motion: Motion to Approve Resolution for LU#8-23-10 was made by Mr. Whitaker and was seconded by Mr. Williams.

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

Motion Passed.

Land Use Board Discussion Items (action may or may not be taken)

 

• Ordinance #23-21 – An ordinance of the Township of Vernon, County of Sussex, State of New Jersey adding chapter 13, “cannabis establishment licensing and regulation,” to the Township code, establishing local annual cannabis licenses for all cannabis establishments to operate in the Township, pursuant to the New Jersey cannabis regulatory, enforcement assistance, and marketplace modernization act

Ms. Kopsco, Board Planner stated although not under purview of the Land Use Board, the Township Council requested Ordinance #23-21 be reviewed by the Board which establishes cannabis licensing fees in the Township of Vernon.  Ordinance also amends number of licenses allowed in each permitted zone to two per class.  Board Members discussed ordinance and voted all in favor to recommend that the Council clarify the exact number of facilities allowed in the entire Township.

• Ordinance #23-22 – An ordinance amending, revising, and supplementing chapter 330 entitled “Land Development’ to clarify regulations relative to permitted locations for legal cannabis uses within the Township of Vernon

 

Ms. Kopsco stated the Township Council requested review by the Land Use Board for Master Plan consistency of Ordinance #23-22.  The Ordinance removes cannabis cultivation from the R2 zone and clarified definition or wording of distance for cannabis retailer to 1000 ft from any school.  Also added is requirement of 6-acre parcel in the AET zone.  Changes are further restricting original ordinance and as conditional uses may require approval of Land Use Board in future.  Board members recommended AET be defined in this Ordinance for clarity of Agri Eco Tourism zone which are mostly farms and not manufacturing.  Board members noted that any prior approvals of cannabis cultivation in the R2 zone will become non-conforming should this ordinance be adopted. Board members voted All in Favor to recommend AET be defined in Ordinance for clarification.     

 

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

 

• October 11, 2023 – Regular Meeting Minutes (Auberger, Williams, Tadrick, Spoerl, McPeek, Cocula, Whitaker, Haley, Theobald)

 

Motion: Motion to Approve Minutes for October 11, 2023 was made by Mr. Spoerl and seconded by Ms. Cocula.  All eligible Members 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 9/28/23 ($1,008.00)

• Martin Theobald – LU# 12-19-10 – Services Through 9/15/23 ($34.00)
• Sussex Cultivation – LU# 2-23-4 – Services Through 9/13/23 ($362.50)
• Restoration Agriculture – LU# 5-23-7 – Services Through 9/20/23 ($629.00)
• Joseph Taylor – LU# 8-23-10 – Services Through 9/28/23 ($192.50)
• Dean Anthony – LU# 5-23-8 – Services Through 9/21/23 ($22.50)
• Rosemark Realty - LU# 9-23-12 –Services Through 9/11/23 ($45.00)
• Mountain Dispensary – LU# 2-23-13 – Services Through 9/25/23 ($45.00)
• Mountain Creek Resort – LU# 9-23-14 – Services Through 9/25/23 ($45.00)
• Alias Brewworks – LU# 9-23-11 -Services Through 9/6/23 ($45.00)

 

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

• Land Use Board Business – Services Through 8/10/23 ($562.50)

• Joseph Taylor – LU# 8-23-10 – Services Through 8/23/23 ($585.00)
• Rosemark Realty - LU# 9-23-12 –Services Through 9/15/23 ($875.00)
• Sussex Cultivation – LU# 2-23-4 – Services Through 9/8/23 ($325.00)
• Mountain Dispensary – LU# 2-23-13 – Services Through 9/28/23 ($1,500.00)

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

• Land Use Board Business – Services Through 8/23/23 ($552.00)
• 515 Vernon Property – LU# 2-20-4 – Services Through 8/3/23 ($138.00)
• FW Webb – LU# 2-23-2 – Services Through 8/31/23 ($376.00)
• Dean Anthony – LU# 5-23-8 – Services Through 8/1/23 ($138.00)
• Restoration Agriculture – LU# 5-23-7 – Services Through 8/18/23 ($345.00)
• Bright Horizons – LU# 1-22-1 – Services Through 8/31/23 ($345.00)

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

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

Meeting was adjourned at 9:13 pm.

Respectfully Submitted                        

Irene Mills, Recording Secretary