Minutes April 24, 2024

VERNON TOWNSHIP LAND USE BOARD

REGULAR MEETING MINUTES

April 24, 2024

 

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 30, 2024, 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
Ann Larsen	NP
Councilmember William Higgins	P
Martin Theobald	P
Richard Spoerl	P
Willard McPeek	P
Andrea Cocula	P

Jacqueline Haley	P
Michael Whitaker	P
Jodi White- Bearstler Alternate #1	P
Mark Heftler   Alternate #2	P
MPaul Mele Alternate #3	NP
Mark Vizzini Alternate #4	NP

  

Also Present:

Glenn Kienz, Board Attorney

Cory Stoner, Board Engineer

Jessica Caldwell, Board Planner

Kimberley Decker, Board Secretary

Record reflects that Mr. Vizzini notified the Board of his absence.

 

LU# 2-23-3 Boho Realty, LLC– Block 381, Lot 1 & 11, - Preliminary & Final Site Plan approval for phase 1 and Preliminary Site Plan approval for phase 2 along with Variances and waivers for construction of two structures which will consist of three apartments, health club and a restaurant

Thomas Garlick, from firm of Genova Burns, Newark, came forward on behalf of the applicant to request Preliminary approval for entire site and final site plan approval for phase I only.  He noted Applicants are brother and sister who frequently visit Vernon for recreational purposes and wish to relocate permanently and become part of the community.  Attorney Garlick explained Phase I will include a two-unit apartment building with garage, workshop for owner’s private use and accessory structures including a deck, sauna, cold plunge pool and sweat lodge.  The accessory uses will be completed and used privately with Phase I and then when Phase II is finalized, they will then be open to the public.

Felix Castro, co-owner of site with sister who is not present, was sworn in and stated his family has visited and enjoyed Vernon’s waterpark, downhill biking, skiing areas and other amenities and wish to move here permanently.  He explained Phase I will include a two-family home unit with ecosystem to run house and incorporate nature to grow food and greenery similar to concept from Sweden. In Phase I, the accessory uses will include an external sauna and cold plunge barrel for private use but will be for public use after Phase II is completed.  The sweat lodge or sauna is a native American tradition or ceremonial place like “womb of mother earth.” 

Mr.  Castro distributed and described plans to Board Members and noted all will be for personal use in Phase I and public use after Phase II completed

            Exhibit A-1 – proposed Sauna with deck

Exhibit A-2 – proposed Sweat Lodge with capacity for 15 guests maximum

Exhibit A-3 – Cold Plunge Barrel to be used before and after sauna use

Mr. Castro explained the uses in Phase II include a second-floor apartment rental unit, larger greenhouse, yoga studio, café for light brunch items, and Himalayan salt cave. He added buildings in both phases will look similar but the septic for Phase II will be an eco-cycle system pending health department approval. He added there are two entrances to the property, one off Vanderhoof and the Phase I will be at 9 Commerce Street by Warren Drive off RT 94. 

John Cahillane, Licensed Engineer from CP Engineers was sworn in to testify on behalf of Applicant.  He stated Phase I is a residential unit for both applicants as previously described with a traditional septic.  Phase II is proposed to be mixed use with café, yoga studio and rental apartment with an eco-cycle septic system subject from approvals outside of Board.  Mr. Stoner explained applicant requests preliminary for entire sight, variances for entire sight but Phase II construction cannot begin until Final site plan Board approval received.  Attorney Kienz explained that while all proposed uses are permitted in the zone, testimony will include entire site to make sure proposal as a whole will work and the Board understands whole project. 

Mr. Cahillane explained site has 50 ft frontage on RT 94 with tributary of Black Creek through property near roadway.  Site which is two lots to be merged for the project, is narrow then opens up for development.  The Site Plan sheet C-002 shows proposed residential structure with access off Commerce Street with garage for parking.  The phase II mixed use building has one-way entrance/exit lane off Vanderhoof Ct, leading to parking area.  Proposed are 29 parking spaces, which include two EV spaces, 2 ADA spaces next to mixed-use building; two in garage and two in personal driveway which complies with Town Center Redevelopment Plan.  Mr. Cahillane provided preliminary proposed lighting on sheet C-0006 but noted final specifications will be submitted with Phase II final site plan.

Referring to March 2, 2024 Engineer’s report, Mr. Stoner reviewed proposed parking calculations but noted size of 9’ x 18’ spaces will require variance relief and plans must be updated to include all amenities proposed to show disturbance on site.  He questioned why two access driveways and the need for shipping containers that are proposed.  Mr. Cahillane stated containers will be used for owner’s equipment for accessory uses on site. He added the internal vehicular movement patterns from the two exits proposed eliminate extra disturbance thru site due to preexisting culvert.  He added that proposed project may require NJ DEP permits which will be obtained during Phase II.  Mr. Stoner recommended condition of any approval should contain NJDEP determination and approval.

Mr. Cahillane described the Grading plan on sheet C0004 of submitted plans showing retaining walls for tiered parking area.  He noted Phase I traffic count is residential only and Phase II Final site plans will include estimated trips per day based on business plan.  Per sheet C0010 of plans, he described large truck movement through site if needed.  Regarding stormwater management, Mr. Cahillane explained the project is considered major development per NJ regulations which require pavers, retention basin, inlets to address quantity and quality of groundwater recharge reduction.  He described the proposed green “Bio Retention Basin” which is structure to retain water on site to feed plants through infiltration of groundwater.  Mr. Stoner stated stormwater calculations will be a condition of final approval of Phase I and then plans must be updated with final calculations of entire site for Phase II.  Mr. Cahillane stated applicant has not yet filed septic design plans for Phase I residential dwelling nor onsite well application.  He added no signage or emergency generator is proposed at this time for site.   

Board Members questioned if site could connect to Township sewer system and if vegetation can be maintained.  Mr. Cahillane explained site is not in the sewer service area at this time and applicant will maintain vegetation as much as possible along the Black Creek with removal of only dead ash trees.

Ms. Hilary Padget, Licensed Architect in NY and NJ was sworn in to testify on behalf of applicant and distributed copies of plans to Board Members already submitted digitally.  Ms. Padget described page B-1 showing a two-family unit with 1st floor having a two-bedroom unit and second floor having two bedrooms with adjacent loft space, ground floor two car garage, workshop accessed through accessory greenhouse for owner’s personal use only.  Per the Town Center Design Standards, the proposed commercial building will meet all standards and will have natural materials for siding for a Mountain Resort feel.  Ms. Padget stated Phase II is in conceptual phase with no architectural designs completed yet but will be done for Final site plan submission.   Board Members had no further questions of Architect.   

Ms. Caldwell noted original plan showed proposed accessory structure over 15’ height requiring variance but has since been shown to meet code. Mr. Cahillane stated applicant will comply with overall height standards.

Mr. John McDonough, Licensed Planner, NJ was sworn in and confirmed receipt of Ms. Caldwell’s report of March 14, 2024 and the Town Center Redevelopment Plan.  He stated the Plan’s core goals are to provide economic quality development promoting tourism with environmental design.  Mr. McDonough stated the development is progressive with good stewardship of the land creating a sense of place while being environmentally sensitive.  He added the development is conforming to the Town Center zone regarding heights, coverage, setbacks, parking, and open space goals with minimal relief needed for two C variances and design exceptions. 

Per Exhibit A-4, labeled Planning Exhibit for BoHo Realty, LLC with photos dated 4-24-24, Mr. McDonough explained the site has an entrance off Vanderhoff Ct off of State RT 94 as well as access for the two-family dwelling off Commerce St cul-de-sac.  Applicant has already removed diseased ash trees but will limit additional disturbance by keeping established trees intact as good stewards of land.  He added during Phase II site may need to be supplemented with additional smaller plantings.  The Phase II commercial site will be accessed off of Vanderhoff Ct. where there will be one lane in and one lane out over the narrow culvert which crosses the Black Creek. The proposal is a nice complement to character of Resort area which promotes wellness and wellbeing.   

Mr. McDonough explained proposal requests design-oriented relief for lack of sidewalks and street scape benches to maintain environs of site.  The benefits of the entirety of the project meets 40:55D-2 by promoting the intent of the zone for eco-tourism with variety of uses within the Towns Center area.  Also, the project meets the economic goal of redevelopment with emphasis on aesthetic preservation with natural environs and progressive forward-thinking theme.  The project efficiently uses land with compact development at center of site to preserve tree line.

Based on the testimony of all witnesses, Mr. McDonough stated proposed project is requesting minimal relief with minimal site impact while functioning safely and efficiently.  The relief sought for the sidewalk and streetscape is justifiable to preserve the natural environment and openness of the land.  He added the project as presented will not undermine the Town Center zone or Highlands Planning Area or be detrimental to the public.

Mr. McDonough described the design exceptions requesting relief include: off street loading space; parking space size of 9’ x 18’ and lack of street trees so to preserve the existing trees.  Also needed is relief for proposed lighting illumination of .07 where .03 is allowed to balance safe lot lighting and planning benefit at property line.  In summary Mr. McDonough stated the project is reasonable and practical with permitted uses in the Town Center zone while being good stewards of the land.

Ms. Caldwell stated that proposed site plan is unique and good opportunity for Vernon Township.  Applicant must provide plans for landscaping, circulation details per the Redevelopment Plan at Final application. 

Board Members questioned if proposed shipping containers are permitted in Town Center zone and why they are needed for project.   Applicant stated containers will be used for storage during construction of Phase I and II and will be addressed at Phase II Final Site Plan if needed permanently.  Board professionals explained the proposed design exceptions or waivers are minor in nature and can be addressed at Phase II final site plan.  Mr. Garlick stated there are no more witnesses.

Chairman Theobald opened the Hearing to the Public.

Amin Potts, Vernon, was sworn in and expressed concerns if cannabis would be grown on site, what water source will be utilized, will garbage area be bear proof, if lighting will affect nearby residents, and if the deck will have outdoor speaker system.  Applicant stated cannabis will not be grown nor is allowed, private wells are proposed, no outdoor music is proposed, and lighting will only be directional as needed.  Mr. Potts questioned if units are for low-income housing, will disturbance be limited to trees and stream and if taxes will rise because of the improvements.  Applicant explained units will have access to exit using Commerce street limiting additional traffic, trees and stream will not be disturbed and the units are not for low income.  Applicant added that there is a proposed enclosed area for garbage to alleviate any bear issues and height of all structures will meet town standards.

Kathryn Enering, Vernon, was sworn in and questioned project start date, hours of construction and proposed clientele.  Applicant stated construction hours will abide by Township Ordinances and Phase I, after obtaining all necessary prior approvals, will take an estimated six months to complete.  Clientele will be limited to 20-30 people at a time and primarily be tourists visiting other amenities in area. Ms. Enering questioned location of proposed garbage area and shipping containers.  Applicant stated the proposed shipping containers would be in the northeast side opposite the residential side and garbage enclosure will be in between the two buildings. 

   

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

Attorney Kienz summarized that Applicant is requesting Preliminary Site Plan approval for both Phase I and Phase II and Final Site Plan approval for Phase I.  Uses for the site include a two-family residential structure, with deck, and sauna.  Preliminary approval for Phase II includes environmental lodge with spa, café, yoga, and Himalayan salt cave with proposed third apartment.  He added no activity can be done on the remainder of site until the applicant returns for Final Site Plan approval which must be within three-year time limit.   Attorney Kienz added all conditions per Board Engineer and Board Planner reports must be addressed including approvals from other specified outside agencies as required.   

 

Motion: Motion to Approve Preliminary and Final Site Plan Approval for Phase I only and Preliminary Approval for Phase II for LU#5-23-7 with variances per testimony and conditions as stated was made by Ms. Cocula and was seconded by Mr. Auberger.

ROLL CALL: AUBERGER: Y; HIGGINS: Y; SPOERL: Y; MCPEEK: Y; COCULA: Y; WHITAKER: Y; HALEY: Y; WHITE-BEARSTLER: 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

 

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

 

• Annual Update of J.S.A 40:55D-70.1 2023 Recommendations

 

Board Members requested Attorney guidance regarding ordinance recommendations for applications for exact replacement of existing deck or additions that require variances. Attorney Kienz explained that if deck was totally taken down, that resident would need to start over with zoning and building approvals per current Township ordinances. Mr. Stoner explained the Vernon ordinances are not as harsh as other nearby townships and Vernon officials work with residents if at all possible. 

Board discussed concerns of small lots in PLC zones that were originally approved by subdivisions but are difficult to actually build while meeting all current setback standards and septic or well distances. Chairman mentioned newly designed septic systems can now be built on smaller lots.  Board approved 70.1 Report as written with no recommendations for changes to Township Council. 

 

Minutes

 

• March 27, 2024 – Regular Meeting Minutes (Auberger, Larsen, Higgins, Spoerl, McPeek, Cocula, Whitaker, White-Bearstler, Theobald)

Motion: Motion to Approve Regular Minutes for March 27, 2024 was made by Mr. Whitaker and seconded by Mr. Spoerl.

 

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 – Services Through 3/26/24 ($490.50)
• Restoration Ag. - LU# 5-23-7 –Services Through 3/21/24 ($522.00)
• Camp Louemma – LU# 2-24-1 – Services Through 3/6/24 ($22.50)
• Sussex Cultivation LLC – LU# 2-23-4 – Services Through 3/28/24 ($1,152.00)
• Boho Realty – LU# 2-23-3 – Services Through 3/21/24 ($274.50)

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

• Land Use Board Business – Services Through 3/27/24 ($135.00)
• Boho Realty – LU# 2-23-3 – Services Through 3/14/24 ($490.00)
• Camp Louemma – LU# 2-24-1 – Services Through 3/29/24 ($1,080.00)

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

• Land Use Board Business – Services Through 2/28/24 ($142.00)
• Sussex Cultivation LLC – LU# 2-23-4 – Services Through 2/28/24 ($71.00)
• Snowshoe Homes – LU# 12-23-18 – Services Through 2/14/24 ($207.63)
• Bright Horizons – LU# 1-22-1 – Services Through 2/29/24 ($1,092.13)
• Restoration Ag. - LU# 5-23-7 –Services Through 2/23/24 ($548.00)
• Boho Realty – LU# 2-23-3 – Services Through 3/14/24 ($607.50)

 

4. Board Recording Secretary – Irene Mills ($100.00)

 

Motion: Motion to Approve Payment of Board Fees was made by Mr. Whitaker and was seconded by Mr. McPeek. All Members were in Favor.  Motion Passed.

 

Adjournment         

There being no further items of business to be conducted on the agenda, a motion to adjourn meeting was made by Mr. Auberger and was seconded by Ms. White-Bearstler.  All Members were in favor.

Meeting was adjourned at ­­9:11 p.m.

Respectfully Submitted

Irene Mills, Recording Secretary