Minutes May 22, 2024

VERNON TOWNSHIP LAND USE BOARD

REGULAR MEETING MINUTES

May 22, 2024

 

Call to Order

Meeting was called to order by Vice Chairman Spoerl 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

Vice Chairman Spoerl led the assemblage of the Flag.                                                                               

Roll Call          

Mayor Anthony Rossi	P
Ann Larsen	P
Councilmember William Higgins	P
Martin Theobald	NP
Richard Spoerl	P
Willard McPeek	NP
Andrea Cocula	P
Jacqueline Haley	P

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

 

Also Present:

Glenn Kienz, Board Attorney

Cory Stoner, Board Engineer

Justin Singleton, Board Planner

Kimberley Decker, Board Secretary

 

Record reflects that Members Theobald, McPeek, Whitaker, Heftler and Mele notified the Board of their absence.

Attorney Kienz stated due to heavy agenda, Board will not hear any new testimony after 10:00 pm

 

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

 

• Bright Horizons (Age Restricted Housing)

Vice Chairman Spoerl stated Applicant requested Field Change to prior approval by the Land Use Board per letter dated May 15, 2024.

Tom Graham, Dykstra Walker came forward on behalf of Applicant.  Mr. Stoner explained during construction, minor grading field changes to the age restricted housing project will be needed and Board approval is requested.  Mr. Graham explained the proposed changes include raising the garage floor, improving the grading of the site, to avoid potential for surface runoff entering the garage.  The easterly access drive will then be eliminated, and westerly drive will be changed to two-way entrance/exit.  Also proposed is a reconfiguration of parking area for ease of turning with same number of spaces being created.  An engineer designed the retaining wall and trash enclosure is now proposed with façade complementing the main three-story building.

Mr. Stoner stated the first-floor elevation nor the visual look from Theta Drive is not changing, only the look from back of the site.  The improved grading will meet all ADA requirements while maintaining impervious coverage calculations.  He questioned how garbage truck would access site. Mr. Graham stated the turn radius details will be reviewed and subject to Board Engineer approval. Board Member questioned how emergency apparatus would access site which Mr. Graham stated the building fronts Theta Drive allowing large fire equipment access.

Vice Chairman Spoerl opened the application to the Public for comment.  Seeing no one wishing to come forward, Vice Chairman Spoerl closed the Application to the Public.

Motion: Motion to Authorize Approval of Field Changes per testimony, plans and letter submitted was made by Ms. Cocula and was seconded by Ms. White-Bearstler.

ROLL CALL: ROSSI: Y; LARSEN: Y; HIGGINS: Y; COCULA: Y; HALEY: Y; WHITE-BEARSTLER: Y; VIZZINI: Y; SPOERL: Y

Motion Passed.

 

Public Hearings

 

LU# 2-24-1 – Camp Louemma Lane, Inc. – Block 5 Lot 12, - Variance for an 8 ft. fence associated with a swimming pool

Mr. Dainel Benkendorf, Esq. came forward on behalf of applicant requesting variance approval for existing 8-foot fence surrounding the pool area to remain.  Site is located at 43 Louemma Lane, Block 5 Lot 12, 138.3 acres in the R-1 zone.  Site was purchased in 2017 by Jewish institution which had an existing pool with fence central to property.  Mr. Benkendorf explained the applicant filed for the necessary permits but was told a variance was needed to allow a fence higher that Ordinance allows. 

Moshe Rudich and Mr. Kenneth Fox, licensed Architect were sworn in to testify for application. Mr. Rudich explained the 8-foot and non-translucent plastic white privacy fence is needed to meet the Jewish Laws of Modesty requirements.  He added approval for motion sensors not on submitted plans is also being requested for security reasons.  Mr. Rudich added the pool has two locked access points that only the Director, maintenance person and lifeguard have keys.

Mr. Fox stated the pool is located over half mile from roadway and is an 8-foot white vinyl solid fence on all four sides.  The lower end drops off to the forested area and upper side against the pathway.  The Camp hosts persons who need to meet visibility requirements due to the Laws of Modesty.  Also, during winter months when the Camp is closed and pool emptied, the fence will provide security to keep intruders from entering. 

Mr. Fox opined that allowing this structure promotes public safety, welfare, health per the Municipal Land Use Law as well as needs of the citizens of Jewish faith. He added the location of the fence is remote with no negative impacts to offsite properties nor does it alter the Township’s zoning Ordinance.

Mr. Benkendorf acknowledged fence is constructed and matter has already been managed with

local construction authority but Land Use Board variance is required. 

Mr. Justin Singleton, on behalf of Board Planner, Jessica Caldwell & Associates, was sworn in to provide information background per office reports, not to testify as expert.  Ms. Caldwell’s report noted the fence did require variance for height and being non-translucent, but no relief was needed for fence being located in the front yard as previously requested.   

Vice Chairman Spoerl opened the application to the Public for comment.  Seeing no one wishing to come forward, Vice Chairman Spoerl closed the Application to the Public.

Motion: Motion to Approve LU#2-24-1 with two variances, addition of motion sensors, and waiver of site plan approval per testimony was made by Ms. Haley and was seconded by Mr. Vizzini.

ROLL CALL: ROSSI: Y; LARSEN: Y; HIGGINS: Y; COCULA: Y; HALEY: Y; WHITE-BEARSTLER: Y; VIZZINI: Y; SPOERL: Y

Motion Passed.

LU# 4-24-2 – AME Plaza LLC – Block 607, Lot 37, - Minor Site Plan to install a propane filling station

William Devito, Esq., Sparta NJ, came forward on behalf of Pappa Brothers Garden Center and Construction requesting minor site plan approval to install propane fulling station. 

Scott McWilliamson, Superior Plus Propane, Scott and Michael Pappa, co-owners of center were sworn in to testify for application.  Mr. Pappa explained the site currently is a garden center, construction office, storage bins for mulch, soil, garden supplies.  He added a large building in back of site burnt down in 2023 which may be rebuilt in future on existing foundation but now stores six work trucks and equipment. Proposed propane station will be located in back middle of the property, over twenty-five feet away from other buildings on site and will be for retail customers at garden center.   Mr. Stoner stated should burnt building be rebuilt, the size must be exactly the same as before.

Mr. McWilliamson explained the red area, per Exhibit A-1, is proposed location of propane station with proper circulation for vehicles to enter and exit.  The tanks will have 6’ tall commercial chain link fence with bollards and a 3’swing locked gate.  The fence will be locked for employee entry only and system in locked cabinet will have a master shut off valve if needed.  Mr. McWilliamson explained he has been selling and installing propane filling stations for over 20 years with Superior Plus Propane.  Board accepted him as a reliable expert for propane installation. He further explained that in an emergency, there will be one shut off within arm’s reach and one over 25 ft but not over 100 ft as shown in submitted electrical plans. All electrical is explosion proof.  Center is proposing to sell new cans for sale should customers need new cans, and all employees will be trained per NJDCA LP - Gas Safety Unit rules and regulations.  He added the NJDCA will annually perform inspection of site for safety including training logs and administer violations or fines for noncompliance.  Mr. McWilliamson added there is no change to grading on site nor any additional signage proposed.  The applicant has submitted proof of approval   for Plan for Pump Station by the NJDCA LP=Safety Unit which has been provided to the Vernon Construction Officer as courtesy.

Board Planner had no comments on application.  Board Members questioned if site ever experienced flooding from brook in back of site which Mr. Pappa stated no.  

Vice Chairman Spoerl opened the application to the Public for comment.

Ron Williams, owner of McAfee Hardware, was sworn in and questioned if the Township has a site plan for this business approved in file.  Board Engineer noted that there was a zoning permit for a change of use approved by the Township Zoning Officer in 2010 to permit the garden center but no official site plan. 

Seeing no one further wishing to come forward, Vice Chairman Spoerl closed the Application to the Public.

Attorney Kienz explained conditions per testimony include installation per NJDCA with annual inspections, construction implemented per plans submitted by Engineer, tank within 6’ commercial chain link fencing with bollards and locked gate.  Mr. Stoner requested Applicant to update existing survey with all improvements for Township files which will also provide protection to the owner.

Motion: Motion to Approve Minor Site Plan for LU#4-24-2 per testimony and conditions as stated was made by Ms. Haley and was seconded by Ms. White-Bearstler.

ROLL CALL: ROSSI: Y; LARSEN: Y; HIGGINS: Y; COCULA: Y; HALEY: Y; WHITE-BEARSTLER: Y; VIZZINI: Y; SPOERL: Y

Motion Passed

LU# 4-24-3 – Indoveda LLC – Block 385, Lot 12 & 13, - Site Plan, Conditional Use and Bulk Variances for a proposed cannabis dispensary

Michael Selvaggi, from firm of Selvaggi & Cohen, came forward on behalf of application for a retail cannabis establishment as conditional use on .96-acre site at Block 385 Lots 12 & 13.  In November 2023, Vernon Township adopted Ordinance #23-21 allowing conditional use if all conditions are met which this application will show.  Applicant will demolish existing building and rebuild on same footprint but requiring bulk variances of front yard setback and rear yard setback. Applicant’s Engineer, Architect, and Planner will testify to address conditions to be satisfied but noted the condition of Municipal License was filed and is anticipated to be issued by the Township Council. 

Mr. Stoner stated list of waivers requested of applicant:

            #12 Environmentally Sensitive Areas Delineations & Calculations

            #16 Providing existing well, septic, wetlands, water bodies

            #20 Environmental Impact Statement

            #24 Certification that no wetlands exist or NJDEP Letter of Interpretation

            #34 Traffic Impact Analysis

Mr. Stoner recommended items could be waived temporarily to proceed with hearing but additional information and /or conditions of any approval could be requested by the Board.

Iogin Der Birk, Director of Operations with Indoveda was sworn in and stated applicant with letter of support from Township Council, has been granted the annual New Jersey Cannabis Regulatory Commission (CRC) license for said site issued January 22, 2024 per Exhibit A-1.  Per submitted Building plans, Mr. Birk explained site will have two full-time employees with possible addition of part-timer, all to have fingerprint and background checks by State Police and certified by NJ CRC.  Employees will have mandatory training on Standard operating procedures to comply with Township Ordinances.  Hours of operation will be 9:30 am to 9:30 pm, seven days a week.  Mr. Birk explained customers will meet security guard at front entrance, have ID checked, then move to kiosk to view items and place order.  Customers will then proceed to cashier, present ID again, submit payment, and obtain paid receipt.  Receipt will then be presented to window where products will be passed through window.  All inventory is sealed and prepackaged and located in locked vault; none on the sales floor.  Mr. Birk explained should there be a capacity issue in lobby, customers will be asked to wait in car and can be texted when allowed to enter. 

Mr. Birk stated the Safety and Security Plan was submitted to the Township noting the full-time Security Director has 40 years previous law enforcement experience retiring as Captain.  There will be no smoking or loitering on the property.  Signage limited to NJCRC requirements.  The Vernon Police Department will have full access to camera system 24/7 for emergency response as well as direct contact number of Director.  All interior doors are badge access only to approved employees.  Mr. Birk stated the vault where product housed is DEA grade with solid sheet rock walls instead of visible cage for security purposes.  The security alarm system, location of cameras, panic buttons is included in submitted plans.  Motion detectors will be active at night when business is closed.  Proposed signage is shown on rendering in Exhibit A-2 and A-3 which will comply with Township Ordinance size limitations and be lit until close of business.  Expected number of customers daily Monday through Wednesday at five to six at a time is 75-95 over 12-hour period.

Mr. Birk explained deliveries of products will come in small vans able to fit in parking spaces for limited time of fifteen minutes therefore loading zone not needed.  Products will be delivered early in day and received with security guard to second floor entrance where physical count and scanning is done to track products per CDC rules. Second floor is locked with badge access only and no customer access at all.  Only trash to leave building will be minimal from employee bathroom or kitchens areas.  Business will take cash for payments stored in commercial grade safe until third party armored truck service picks up for deposit.  Mr. Birk explained the rear of the building will not be used by customers nor employees, only utility room.  Parking lot lighting will be turned off at 10:00 pm after business closes.

Board Member questioned about tax received by Vernon and procedure for unruly patrons.  Mr. Birk explained tax owed to Township is part of transactions and paid quarterly based on total sales. The operating procedures explains how unruly customers are handled and when to include Vernon Police. He added New Jersey is a ‘Seed to Sale’ state, every plant must be grown in NJ, given a number at seed stage, then tracked during packaging and sales for accounting and quality purposes.  Mr. Birk stated the badge access employee doors is not same entrance as general public.  He added security guard is allowed to carry handgun but at this time he is not expected to carry at the site. 

Vice Chairman Spoerl opened the hearing to the Public.

Cathie Witte was sworn in and questioned expected number of visitors on a weekend when nearby park is open and expressed concern that no traffic study was submitted.  Applicant Engineer will address in future testimony.

Shannon Roth, Vernon resident was sworn in and expressed concern the motion cameras on site are in close proximity of neighboring homes and access pathway in back would bring customers to neighbors yards.  Mr. Birk explained cameras are only at entrance of the applicant property to monitor outside areas and further testimony will be presented on issue.

Maro Kasparian, owner of hair studio next door, was sworn in and questioned if applicant will retain the existing trees on property which Mr. Birk stated yes with more testimony from Engineer forthcoming.

Michael Fodi was sworn in expressed concern of sight from Nimbus properties through tree line or fence.

Dana Fodi was sworn in and questioned why applicant chose this site for this business.  Mr. Selvaggi stated Vernon Township adopted Ordinance to allow cannabis retail and proposed available site met all criteria. 

Attorney Kienz questioned if customers can call store to order and then pick up using express line or express parking spots.  Mr. Birk stated customers will not be able to call but can submit online order, skip the kiosk when entering and head straight to cashier making visit time shorter.  Mr. Birk noted good idea to create express parking spots.  Mr. Stoner confirmed with applicant that no product is on the shelfs in main customer area, products are only in the vault.  Mr. Birk confirmed proposed business is for retail cannabis only not a medical dispensary. 

Seeing no one further wishing to come forward, Vice Chairman Spoerl closed the hearing to the public.

Monica Arjani, Licensed Architect was sworn in, and Board accepted her as expert for Applicant.  She explained existing building will be demolished and proposed building will be 1 ½ story building with basement utilizing same footprint but adding 192 sq foot to second floor as depicted on Exhibit A-3.  Front walkway will have an 8’canopy and side walkway will have 5’ canopy adding character to the site.  Front stair access will have gate only at top and signage with possible rope at bottom to prevent customers from using.  Ms. Arjani explained the character of building reflects the Alpine style of Vernon Town Center with low profile of 31 ft from lower parking line. She noted the proposed building is 7 ft higher than existing building but still lower that Ordinance allows.  The retail section of building is two stories while back section is only one story with door to mechanical room.  Ms. Arjani stated the proposed building sign will be internally lit, total 40 sq ft, 2’ tall and 20’ in length meeting Township code.  Sign will be corporate name “Indoveda Dispensary” 3D channel letters with light grey lights and no spillage per requirements of CRC. 

Ms. Arjani stated lighting under both canopies will be downward recessed low lights for security and safety purposes and be turned off when closed.  Also motion sensor lights will be added on facades in front and back for security purposes. She explained the exterior finish will be cement board siding, mimicking stone with natural roof with metal dark color trim.  Although not in the Town Center, Board suggested applicant familiarize themselves with Town Center Design Standards for Adirondack style colors and finishes.  Ms. Arjani added the underlighting of the canopies helps guide customers to main entrance.  Board requests a full color material list to review based on comments.

Vice Chairman Spoerl opened the hearing to the public.  Seeing no one wishing to come forward, Vice Chairman closed the hearing to the public

Eric O’Hough, licensed Civil Engineer with Berton Engineering was sworn in on behalf of the applicant and Board accepted as expert. Mr. O’Hough stated site is located at 218 State Rt 94, Block 385 Lots 12 & 13 being 42,082 sq. ft or .966 acres.  Site is in the Highlands Planning area with a Bed & Breakfast across RT 94, two story commercial hair salon to the east, two story Bike shop to the west and residential neighborhood to the south.   The site meets the standard for cannabis retail use because it is 2000 ft from Public Parks, Child care and the Vernon PAL.  He stated a waiver was requested for delineation of wetlands as they do not exist on site which Board approved to waive.  Existing site has a vacant two-story building with broken driveway connecting to upper parking area and freestanding sign.  Applicant is proposing to demolish existing building and rebuild two story retail building on existing footprint with addition of 195 sq ft at height of 31.1 ft from lowest corner of building.  He added the west parking lot will be rebuilt with 7 parking spaces and 1 handicap space plus a trash enclosure. The east lot will have 16 spaces including two make ready EV spaces as required bringing total to 23.  The front sidewalk will have a retaining wall with guide handrail as needed and building will also have an 8 ft retaining wall along south side of lot built per code.  The dumpster will have a 6 ft high wall with outside finish to match building exterior.  Proposed grading on site will remain as existing with parking lot having 6 ft slope from driveway. Currently, approximately 7742 square feet is currently paved, which is 18.4% of the site and it is proposed to add 6338 square feet of impervious area for a total of 14,081 square feet, which is 33.5% of site and complies with ordinance.  The pattern of Stormwater remains unchanged using infiltration basin under west parking lot to collect runoff and applicant agrees to provide soil test and adhere to Board Engineer’s report as condition of approval. 

Mr. O’Hough stated the existing septic located behind building will be updated as needed. Mr. Stoner noted site is not currently in the sewer service area but may be in future and provisions to connect should be made. The driveway access onto State Rt 94 will remain unchanged therefore there is no need to obtain NJDOT permit. Criteria for NJDOT review includes traffic increase, change in curb openings and conforming lot.  Mr. Stoner recommended applicant received a letter of no interest from the NJDOT.  Mr. O’Hough stated As far as the trip generation, while the new use will generate more trips, peak hour trips to the site versus the existing use, according to the Institution of Transportation Engineers, ITA the 11th edition, the maximum peak hour will generate a total of 98 trips on a Saturday peak day: 49 cars in and 49 cars out.

Board Members took a five-minute recess at 9:12 pm.  Meeting was re-adjourned at 9:17pm.

Mr. O’Hough stated west parking area has seven spaces for customers with overflow at other lot. Discussion regarding 3 ft. at end of drive aisle being too small which Mr. Stoner agreed to increase to 10 ft with same number of parking spaces is better with added turnaround.   Ordinance requires one parking space per 120 sq ft or retail and one space for every 300 ft office which amounts to 23 parking spaces required which applicant complies.  Mr. O’Hough noted waivers are requested for size of parking spaces at 9’ x 18’ and the absence of a loading zone.  All lights will be LED down lights and there will be seven single head area lights which will have a mounting height of 10 feet proposed.  He noted that our detail shows a 16-foot height by mistake and confirmed the 10 feet height. The existing visual buffer between the adjacent residents and the proposed building will also remain. Landscaping will comply with all comments in Board Engineer’s report including four trees and 12 shrubs proposed at entrance driveway.  Mr. O’Hough acknowledged applicant must receive all approvals from outside agencies as required. 

John McDonough, Licensed Planner was sworn in and accepted by Board to testify on behalf of Applicant and stated from a planning standpoint and good planning essence to safeguard zoning ordinance.  For public interest, applicant has complied with Township ordinance and is consistent with good planning which per case law warrants Boards approval. 

Mr. McDonough described Exhibit A-4 the views of existing site with homes to south with grade differential and surrounding three sides being commercial.  He noted distance from nearby waterpark is too far for pedestrian visitors to visit.  Proposed building is a more modern improvement to existing vacant building with horizontal and vertical buffer around site creating separation to neighbors.  The proposed building is seven feet taller than existing but not taller than existing tree line.  Mr. McDonough stated site is two tax lots which have been combined, previously developed by commercial use, and proposed cannabis retail is an allowable conditional use per Township Ordinance #23-22.  Application complies all standards per testimony presented including: locational control, no cultivation on site, no consumption on site, has Highlands exemption, and building use is entirely enclosed in building.  Per the Board Planner report, conditional use criteria has been provided (d) signage complies with code; (e) Business and Security Plan submitted; (f)Township application has been submitted and is condition of approval; (h)hours of operation meets code;(i) Security Plan submitted; (k) no consumption on site; (l) as submitted valid CRC License; (m & n) financial plan submitted; (o) compliance with all outside agencies, laws, and regulations per the State of New Jersey. 

Mr. McDonough stated the application meets the bulk requirements for lot size, height, building coverage, lot coverage, and parking spaces.  The site will require two bulk variances due to practical difficulty of lot depth for any uses on this site including front yard setback and rear yard setback.  Hardship of C-2 variances have been met due to application is better zoning alternative, site maintains open space with buffer trees remaining and building is no closer than current.  The plans waivers are justifiable, have good site plan principles, meet design standards with reasonable exceptions.

Mr. Stoner stated fencing in rear of yard should be black vinyl chain link at minimum.  He has no objection to proposed parking space size, nor lack of loading space and noted retaining walls must be professionally engineer designed with construction permits.  Also, applicant needs to add proposed walls, fencing and trash enclosure, septic location, exterior electrical mechanical equipment, and stormwater design to plans and increase width of walkway to 4 ft. Waiver is needed for trees in parking lot area and recommended low shrubs need to be added in front to shield light from roadway.  Proposed lighting is sufficient at 10’ in height to guard against spillage. Mr. Stoner stated verified connection for water source must be added to plans

Board Members questioned what meaning of name ‘Indoveda’ is and why is applicant required to have EV stations if no loitering is allowed.   Applicant explained the name is from India plant used at religious festivals and the EV station, required by state law, can be quick charging so no loitering occurs.  Mr. Singleton stated applicant addressed all comments in Board Planner’s report and had no further questions. 

Board Members had no more questions. 

Vice Chairman Spoerl opened the hearing to the Public.

Shannon O’Gough was sworn in to express concern that Township Ordinance states that cannabis business has to be 1000 ft away from schools, parks, the PAL to protect children, yet the proposed site is right next to residential neighborhood and school bus stop where there are many children on daily basis.  She added extra height of building will make it more visible to adjacent residents especially during winter.  Ms. O’Gough suggested applicant find other areas in town that is not residential.     

Mariah Walters was sworn in to express concern that proposed business is right in front of residential area with children and is worried that strangers will have eyesight of backyards due to greenery that is not present all year long.  She added concern that proposed business has high potential for crime per extensive security plan required especially near bus stop and residents.

Matt Flormann was sworn in and explained that distance of houses to the business in photos are very misleading as trees are below the existing building line.  He added the proposed 8’ retaining wall will have no effect on the view from residents behind and is concerned about engineering grading issues where septic and powerline exist in rear of site.  Mr. Stoner answered that conditions for additional landscaping to buffer area can be made subject to final review and approval to mitigate sight issues. 

Mike Fodi was sworn in and expressed concern over armored cars and armed security next to residential neighborhood.  Mr. Selvaggi stated the security guard is licensed to carry but will not be armed on duty. 

Dana Fodi was sworn in, and stated respect for proposal as the business idea is good for Vernon and well planned but expressed concern that location near homes with children has been disregarded.

Rich Mayo was sworn in and is concerned about potential of decreased property values due to this adjacent business.  He stated similar business in Sussex does not follow CRC mandated rules and is concerned that it could become dangerous situation.

Public questioned should owner sell the property would new owner need to obtain a new cannabis retail license from the State which Attorney Kienz stated yes that is correct.

Seeing no one further wishing to come forward, Vice Chairman Spoerl closed the hearing to the public.

Mr. Rossi stated he was vocal when New Jersey enacted the law about cannabis and understands the concerns for the children.  He explained that owners of Cannabis businesses put forth a large investment when starting a business and would be foolish to allow any illegal activity at their site.  Currently the existing site is an eyesore, and the shop complies with State and local laws and will be an improvement for the Township of Vernon. Cannabis is legal in New Jersey therefore it is best to educate our children and the items are all prepackaged and odorless.       

 

Motion: Motion to Approve Site Plan Approval for LU#4-24-3 with conditional use and bulk variances per testimony and conditions as listed and discussed in Board Engineer’s and Board Planner’s reports was made by Ms. Haley and was seconded by Mr. Spoerl.

ROLL CALL: ROSSI: Y; LARSEN: N; HIGGINS: Y; COCULA: Y; HALEY: Y; WHITE-BEARSTLER: Y; VIZZINI: Y; SPOERL: Y

Motion Passed. 

 

Public Participation

 

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

 

Resolutions

 

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

Eligible to vote: Auberger, Higgins, Spoerl, McPeek, Cocula, Whitaker, Haley, White-Bearstler, Theobald

 

Motion: Motion to Approve Resolution LU#2-23-3 was made by Ms. Cocula and was seconded by Mr. Spoerl.

ROLL CALL: HIGGINS: Y; SPOERL: Y; COCULA: Y; HALEY: Y; WHITE-BEARSTLER: Y.

Motion Passed

 

Minutes

 

• April 24, 2024 – Regular Meeting Minutes (Auberger, Higgins, Spoerl, McPeek, Cocula, Whitaker, Haley, White-Bearstler, Theobald)

Motion: Motion to Approve Regular Minutes for April 24, 2024 was made by Ms. Haley and seconded by Ms. Cocula.  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 – ($0)

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

• Land Use Board Business – Services Through 4/24/24 ($350.00)

• Boho Realty – LU# 2-23-3 – Services Through 4/18/24 ($540.00)
• Indoveda, LLC – LU# 4-24-3 – Services Through 4/26/24 ($607.50)

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

• Land Use Board Business – ($0)
• Sussex Cultivation LLC – LU# 2-23-4 – Services Through 3/22/24 ($568.00)
• Rosemark Realty LLC – LU# 9-23-12 – Services Through 3/8/24 ($860.63)
• Bright Horizons – LU# 1-22-1 – Services Through 3/28/24 ($209.75)
• Boho Realty – LU# 2-23-3 – Services Through 3/21/24 ($3,444.01)
• FW Webb - LU# 2-23-2 –Services Through 3/28/24 ($337.50)

 

4. Board Recording Secretary – Irene Mills ($150.00)

Vice Chairman Spoerl added the following bills to be approved:

            Weiner Law $600.00

            Weiner Law $504.00

            Weiner Law $1,048.50

            Weiner Law $45.00

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.

 

5. Request for Escrows to be closed

• PB# 1-08-1 – Madison Ave Mgmt., Co. – Block 141, Lot 16, - Concept Plan for town homes ($152.37)

 

Motion: Motion to Approve Escrows to be Closed was made by Ms. Cocula and was seconded by Ms. Haley. 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 Ms. Cocula and was seconded by Ms. White-Bearstler.  All Members were in favor.

Meeting was adjourned at ­­10:15 p.m.

Respectfully Submitted

Irene Mills, Recording Secretary