Minutes September 27, 2023

 

VERNON TOWNSHIP LAND USE BOARD

REGULAR MEETING MINUTES

September 27, 2023

 

Call to Order

The 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	P
Mark Heftler   Alternate #2	P
Paul Mele Alternate #3	P
Mark Vizzini Alternate #4	NP

  

Also Present:

Anne Marie Rizzuto, Board Attorney

Alison Kopsco, Board Planner                   

Kimberley Decker, Board Secretary

 

Chairman Theobald stated that Mr. Auberger 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

Chairman Theobald stated the Applicant sent a letter dated September 25, 2023, to the Board requesting the application to be carried to the October 11, 2023, Land Use Board meeting with no further legal notice required which was accepted by Board Members present.

 

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

Mr. Daniel Benkendorf, Esq., from the firm of Askin & Hooker, Attorney for Applicant came forward and clarified this application is a request for front yard variance for a proposed attached garage.  Homeowner Joseph E. Taylor was sworn in to present testimony for a variance request.

Mr. Benkendorf stated the site is at 124 Lounsberry Hollow Road, Block 254 Lot 9, being slightly less than one acre, 42,019 sq ft., in an R2 zone.  Existing improvements on the site include a single-family home with six (6) pre-existing non-conforming variance conditions with the proposal needing relief for one additional variance.

The six conditions noted include: two for accessory structures being 16.8 and 16.5, where 75 ft is required, from front yard setback as a result of the site being a corner property on a paper street.  The third condition is for lot size of 42,019 sq ft where 3 acres is required. The fourth existing condition is a front yard setback of 199.7 ft. where 200 ft is required being short on the paper street side. The fifth existing condition is for the deck which was legally built with permits but is 23.6 ft from the side yard setback where 25 ft is required.  The Sixth existing per the planner’s report is for lot width. 

Mr. Benkendorf stated the application is requesting relief for a 53.6 ft front yard setback where 75 ft is required for a proposed attached garage in order to store and repair vintage cars of his ownership. Mr. Taylor stated all testimony and plans submitted to the Board on the application is an accurate representation of what is being sought.   He added the additional sunroom is already permitted with no variances needed.  He explained he bought the home from his parents in 2005, with both sheds, deck, and gazebo already existing, with the new sunroom being the only addition.

Mr. Benkendorf stated the application included a variance map made for Mr. & Mrs. Taylor dated March 31, 2023.  He explained reasons for hardship relief include the site is an undersized and odd-shaped corner lot with one of the adjacent roads being a paper street.  Mr. Taylor added the paper street is not used by residents but only rarely by water utility trucks. The side yard setback relief for an addition is more than the 25 ft required in that zone but due to being on a paper street the requirement is 75ft. 

Mr. Benkendorf stated this application also presents special circumstances per Municipal Land Use Law items A. E and I, which was confirmed by Mr. Taylor. He added the variance can be granted without substantial detriments to the public good with benefits outweighing any detriments.    

Ms. Kopsco stated testimony presented addressed all matters in the Planner Report by Jessica Caldwell.  She questioned why the existing shipping container located on site was not included on the plans.  Mr. Taylor stated the shipping container is not intended to stay and will be removed.  Ms. Kopsco stated the site requires variances for existing sheds as they were placed after the 1970 Master Plan was adopted. 

Board Members discussed that paper street is used by water utility and is in good condition for unimproved roadway.

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#8-23-10 based on testimony was made by Ms. Cocula and was seconded by Mr. Mele.

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

Motion Passed.

Mr. Benkendorf requested a waiver of reading of the Resolution to afford the opportunity to start a project and informed risk of action to Mr. Taylor. The board voted affirmatively to waive the reading of the Resolution.

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.

 

Resolutions

 

LU#5-23-7 – Restoration Agriculture, LLC – Block167, Lot 11, - Preliminary Site Plan with Bulk and Use Variances for a Farm-to-Table Restaurant and Banquet Hall

Eligible to vote: Williams, Spoerl, McPeek, Cocula, Haley, Mitchell, Heftler

 

Mr. Williams stated a correction was needed in the resolution to reflect two EV Make-Ready parking spots.  The board voted affirmatively to amend.

 

Motion: Motion to Approve Resolution for LU#5-23-7 as amended was made by Mr. Spoerl and was seconded by Mr. Williams.

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

Motion Passed.

Minutes

 

• August 23, 2023 – Regular Meeting Minutes (Williams, Spoerl, McPeek, Cocula, Haley, Mitchell, Heftler)

Motion: Motion to Approve Minutes for August 23, 2023, was made by Ms. Cocula and seconded by Mr. Williams.

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

Motion Passed.

• September 13, 2023 – Regular Meeting Minutes (Williams, Tadrick, McPeek, Cocula, Whitaker, Haley, Mitchell, Mele, Theobald)

 

Motion: Motion to Approve Minutes for September 13, 2023, was made by Mr. Williams and seconded by Mr. Spoerl. 

ROLL CALL: WILLIAMS: Y; MCPEEK: Y; COCULA: Y; WHIATKER: Y; HALEY: Y; MITCHELL: Y; MELE: 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 – Services Through 8/25/23 ($1,450.00)

• Martin Theobald – LU# 12-19-10 – Services Through 8/25/23 ($209.50)
• Sussex Cultivation – LU# 2-23-4 – Services Through 8/23/23 ($952.00)
• Restauration Agriculture – LU# 5-23-7 – Services Through 8/23/23 ($226.50)
• Dean Anthony – LU# 5-23-8 – Services Through 8/9/23 ($158.50)
• Phil Huling – LU# 6-23-9 – Services Through 8/25/23 ($209.50)
• Joseph Taylor – LU# 8-23-10 – Services Through 8/22/23 ($45.00)

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

• Land Use Board Business – Services Through 8/10/23 ($2,125.00)

• Joseph Taylor – LU# 8-23-10 – Services Through 8/23/23 ($1,250.00)
• Phil Huling – LU# 6-23-9 – Services Through 8/1/23 ($650.00)
• Sussex Cultivation – LU# 2-23-4 – Services Through 8/22/23 ($1,375.00)

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

• Land Use Board Business – ($0)

 

• Sussex Cultivation – LU# 2-23-4 – Services Through 7/26/23 ($1,842.00)
• FW Webb – LU# 2-23-2 – Services Through 7/18/23 ($1,450.00)
• Dean Anthony – LU# 5-23-8 – Services Through 7/7/23 ($500.00)
• Restoration Agriculture – LU# 5-23-7 – Services Through 7/11/23 ($996.00)

 B. Board Recording Secretary – Irene Mills ($125.00)

Chairman Theobald noted fee for the Board Recording Secretary of $125.00 was added to the list.

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

The meeting was adjourned at 7:27 pm.

Respectfully Submitted                        

Irene Mills, Recording Secretary