Minutes March 27, 2024

 

 

VERNON TOWNSHIP LAND USE BOARD

REGULAR MEETING MINUTES

March 27, 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	P
Councilmember William Higgins	P
Martin Theobald	P
Richard Spoerl	P
Willard McPeek	P
Andrea Cocula	P
Jacqueline Haley	NP

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

Also Present:

Alison Kopsco, Board Planner

Kimberley Decker, Board Secretary

Record reflects that Ms. Haley notified the Board of her absence.

 

Public Hearings

 

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

Chairman Theobald stated the Applicant has requested this application be carried to the April 24, 2024 Land Use Board meeting and will be re-noticed as required. 

 

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)

• Ordinance #24-05 – An Ordinance of the Township of Vernon, in the County of Sussex, New Jersey adopting a Redevelopment Plan for property located in the Township identified as block 525, lots 18 & 19 pursuant to the local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 ET SEQ

 

Ms. Allison Kopsco, Board Planner provided brief history of Redevelopment Plan per proposed Ordinance #24-05.  She stated that the Municipal Land Use Law (MLUL) allows the option for a municipality to qualify an Area In Need of Redevelopment.  The larger parcel in proposed plan was designated in 2006 as an Area in Need of Redevelopment and smaller second lot was designated the same in 2022.  After that is complete the Developer and owner of the site works with the Township Officials to create a conceptual plan which Ordinance #24-05 is drafted from.  Ms. Kopsco explained the concept plan shows a 120-Unit development to have single family homes shown on plan in yellow, market-rate townhouses shown in green and affordable townhouses shown in red.  Plan has permitted uses for eco-tourism zone such as wineries and breweries.  Ms. Kopsco noted that the plan is very preliminary and if adopted will supersede zoning ordinance for this site when developer seeks Final Site Plan approval before the Land Use Board.  She explained the Township Council is seeking recommendations or feedback from the Land Use Board about the plan.

Board Members discussed concerns over proposed small lots, dense housing, with five-foot side setbacks.  Council Member Higgins stated Developer’s name is Ryan Homes, builder of quality homes, and plan makes good use of current land.  Board discussed plan would cause additional traffic volume on Route 94 directly across from current Great Gorge Condos but will add sewer users to Township Utility and felt site seems to be area that fits the model.  He added the Developer is working with the Township to coordinate public sewer and water hookup.

Ms. Kopsco explained the Township has set aside in every Redevelopment Plan the need for affordable housing units for future goals as 4^th Round COAH requirements may be due in 2025.  Board members stated Developer will need to obtain approval by NJ DOT for new road openings onto RT 94.  Board discussed concerns of gas lines, transmission line easement or pump station sewer lines on site.

Although Board noted concern of plan having closely spaced housing, possibly with addition of school aged children, Board Members recommended no comments to plan.

Motion: Motion to Approve Letter of Recommendation to the Township Council with no comments on Proposed Ordinance #24-05 was made by Ms. Cocula and was seconded by Mr. Spoerl.

ROLL CALL: AUBERGER: Y; LARSEN: Y; HIGGINS: Y; SPOERL: Y; MCPEEK: Y; COCULA: Y; WHITAKER: Y; WHITE-BEARSTLER: Y: THEOBALD: Y.

Motion Passed

Resolutions

 

LU#5-23-7 – Restoration Agriculture, LLC – Block 167, Lot 11, - Final Site Plan for a Farm-to-Table Restaurant and Banquet Hall

 

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

ROLL CALL: HIGGINS: Y; MCPEEK: Y; COCULA: Y; WHITAKER: Y; WHITE-BEARSTLER: Y; HEFTLER: Y; SPOERL: Y.

Motion Passed

 

Minutes

 

• February 28, 2024 – Regular Meeting Minutes (Larsen, Higgins, Spoerl, McPeek, Cocula, Whitaker, Haley, White-Bearstler, Heftler)

Motion: Motion to Approve Regular Minutes for February 28, 2024 was made by Ms. Cocula and seconded by Mr. Whitaker.

 

All Members eligible were in Favor.  Motion Passed.

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

 

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

Mr. Spoerl noted possible recommendation to Annual update concerning need for Residents to appear before Board to replace a deck in exactly same place, and at a high cost for professional services.  Chairman Theobald noted current zoning Ordinance must be followed in those matters.  Mr. Spoerl noted many homes/decks were built prior to zoning and without proof of approved permit, causes need for variances.

Mr. Whitaker noted corrections needed in #3 should be “pad”.; and in #9 number of lots should be two (2). 

Board discussed concerns of small 10,000 sq ft lots in PLC zones that still exist as building lots which is difficult to actually build on while meeting all current standards.  Hardship is created for those homeowners unless zoning bulk requirements are changed.  Board discussed need for legal guidance and unanimously voted to Table the Annual update until next meeting to discuss possible recommendations with Board Attorney.   

Appendix A – escrows, board fees, bond reductions and escrow closure

 

   escrows, board fees and bond reductions

 

1. Board Fees

 

1. Board Attorney – Glenn Kienz, Weiner Law Group LLP

• Land Use Board Business – Services Through 2/28/24 ($360.00)
• Restoration Ag. - LU# 5-23-7 –Services Through 2/28/24 ($202.50)
• Camp Louemma – LU# 2-24-1 – Services Through 1/17/24 ($468.00)
• Snowshoe Homes – LU# 12-23-18 – Services Through 2/29/24 ($45.00)

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

• Land Use Board Business – ($0)
• Boho Realty – LU# 2-23-24 – Services Through 2/22/24 ($3,375.50)

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

• Land Use Board Business – Services Through 1/24/24 ($142.00)

• FW Webb – LU# 2-23-2 – Services Through 1/11/24 ($200.63)
• Veolia Water NJ – LU# 8-22-8 – Services Through 1/11/24 ($131.25)
• Snowshoe Homes – LU# 12-23-18 – Services Through 1/24/24 ($490.00)
• Bright Horizons – LU# 1-22-1 – Services Through 1/15/24 ($142.00)
• Snowshoe Homes – LU# 3-21-3 – Services Through 1/15/23 ($177.75)

 

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

B.Request for Escrows to be closed

• LU# 6-23-9 – Phil Huling – Block 471, Lot 7, - Side and Rear Yard Variance for a Deck ($895.50)
• LU# 9-23-15 – Victoria Akkerman – Block 433, Lot 42, - Variance for a 6’ fence in a front yard ($245.00)
• LU# 12-19-10 – Martin Theobald – Block 57, Lot 4 & 5, - Site Plan & Minor Subdivision ($271.50)

Motion: Motion to Approve Payment of Board Fees and Close Escrows was made by Ms. Cocula and was seconded by Mr. Spoerl. 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 ­­7:28 p.m.

Respectfully Submitted

Irene Mills, Recording Secretary