MINUTES OF LAND USE BOARD. Hopatcong Borough Hall, Hopatcong, NJ October 7, 2014

Transcription

1 MINUTES OF LAND USE BOARD Hopatcong Borough Hall, Hopatcong, NJ October 7, 2014 CALL TO ORDER: Chairman Alan Gilbert called the meeting to order at 7:30 P.M. CHAIRMAN S STATEMENT: The Chairman stated that this meeting is held in accordance with the Open Public Meetings Act 10:4-1 et seq. annual notice been forwarded to the New Jersey Herald, the New Jersey Sunday Herald and posted on the bulletin board maintained in the Municipal Building for public announcements. Special Guest: Mark Cook, Boy Scout, Working on the Citizenship in the Nation Requirements for his Eagle Award SALUTE TO THE FLAG: The members, led by Special Guest, Mark Cook, all joined in a salute to the Flag. ROLL CALL: PRESENT: Mayor Petillo, Councilman Francis, Ron Jobeless, Alan Gilbert, Robert Rehe, Ken Trumpore, Sam Hoagland, Richard Schindelar(arrived 735pm), Mark Gaffney Also In Attendance: Attorney- William Haggerty Engineer: John Ruschke ABSENCE: Robert Duncan, Michael Rahill, Justin Lijo MINUTES: Chairman Alan Gilbert asked for a motion to approve the minutes with minor changes of September 16, A motion was made by Ken Trumpore and seconded by Robert Rehe to approve the minutes of September 16, Ayes: Petillo, Francis, Jobeless, Gilbert, Rehe, Trumpore, Hoagland, Gaffney Abstain: Schindelar APPEAL: Diane Medcraft/Peter Simonson Block Lot 4 2 Oneida Avenue Diane Medcraft, Esq and Peter Simonson sent a letter regarding the current status that there is a scheduled first trail notice for October 27, The Land Use Board will defer discussion until after the court proceedings for October 27,

2 CONTINUED APPLICATION: Marcelito Custodio Block Lot Maxim Drive (Deferred from September 2, 2014 without further notice) Dr. Custodio was reminded that he was still under oath. Board Engineer, John Ruschke gave a report from the Hopatcong Borough Construction Code Official stating that the structure appeared to be structurally sound but did have concerns about a section of the porch where the drop in elevation was significant, exceeded 30 inches, and suggested a guide rail be installed. The applicant stated that he would agree to the Construction Code Officials request. board. There being no one from the public, the meeting went back to the A motion was made by Ron Jobeless and seconded by Richard Schindelar to approve the application, contingent upon the guide rails being installed per the Construction Code Officials recommendation. Ayes: Petillo, Francis, Jobeless, Gilbert, Trumpore, Hoagland, Schindelar, Gaffney Abstain: Rehe Chairman Gilbert revised the agenda schedule. Mr. Trumpore recused himself from the Board. NEW APPLICATION: Kenneth M. Trumpore Block Lot Maxim Drive Ken Trumpore, property owner and applicant, was sworn in by Board Attorney Haggerty. Mr. Trumpore stated that he is interested in little 10x16 paving stone patio and walkway on the lakeside of the house. board. There being no one from the public, the meeting went back to the A motion was made by Sam Hoagland and seconded by Mark Gaffney to approve the application. Ayes: Petillo, Francis, Jobeless, Gilbert, Rehe, Hoagland, Schindelar, Gaffney Mr. Trumpore returned to the Board. Mayor Petillo, Councilman Francis recused themselves. Monica Cavano Block Lot Dupont Ave Monica Anderson, daughter for the applicant, was sworn in by Board Attorney Haggerty. Board Attorney Haggerty stated that the newspaper notice was not provided in time per requirements even though notice was provided to the 200 ft list. 2

3 A motion was made by Sam Hoagland and seconded by Robert Rehe to defer the hearing until 10/21/14 with appropriate newspaper notice being provided without repeating the notice to the 200 ft list. Ayes: Jobeless, Gilbert, Rehe, Trumpore, Hoagland, Schindelar, Gaffney Mayor Petillo and Councilman Francis return to the Board. Cristian Aciu Block Lot Hilltop Road Cristian Aciu, property owner and applicant was sworn in by Board Attorney Haggerty. Applicant stated that he would like to approval for the prior construction of a patio and walkway by the Lake. Mr. Aciu introduced photos introduced into testimony and marked as Exhibit A1 (which consisted of three photos), Exhibit A2 (which consisted of 4 photos), Exhibit A3 (which consisted of 4 photos) showing before and after photos of the patio and walkway. Mr. Trumpore stated that he was concerned about the rubble wall, which appears unstable and is very high, but it is outside the scope of the application. The property owner confirmed for Mr. Ruschke that they received all appropriate DEP required approvals. board. There being no one from the public, the meeting went back to the A motion was made by Councilman Francis and seconded by Robert Rehe to approve the variances for this application. Ayes: Petillo, Francis, Jobeless, Gilbert, Rehe, Trumpore, Hoagland, Schindelar, Gaffney Jianan Wang Block Lot 2 35 Elba Avenue (Deemed incomplete for the September 16, 2014) Wayne Ling, Caretaker Representative for the property owners was sworn in by Board Attorney Haggerty. Board Attorney Haggerty stated that the application is incomplete because the property owners did not submit the appropriate paperwork for Mr. Ling to represent them. Applicant will hire an attorney and the application will be held over until the next meeting, October 21, 2014 without further notice. A motion was made by Mayor Petillo and seconded by Sam Hoagland to defer the hearing until 10/21/14, with appropriate legal representation and without further notice. Ayes: Petillo, Francis, Jobeless, Gilbert, Rehe, Trumpore, Hoagland, Schindelar, Gaffney Mayor Petillo recused herself. 3

4 Atkins/Hopatcong, LLC Block Lots 36,38,48 Lawrie Ave at Edsall Rd & West Shore Avenue John Wyciskala, Esq., representative for the applicant, stated that the applicant and property owners are seeking amended approval of a prior approval. He reviewed the 2009 approval for the property and the changes requested to replace 7 affordable COAH Units with 7 Market Rate Units, incorporate passive recreational use; modify boat slip configuration from the previously approved 30 boat slips to provide 38 boat slips and to incorporate handicap accessible walkway. Eric Keller, Project Engineer was sworn in by Board Attorney Haggerty. Mr. Haggerty reviewed his training, education and experience and accepted his credentials as an expert witness. Mr. Keller shared three Exhibits which were marked into testimony as: Exhibit A1 Mariners Point Existing Conditions, Exhibit A2 Mariners Point Site Plan Rendering and Exhibit A3 Mariners Point original Exhibit from 2009 Approval. The applicant also asked for the addition to the site plan to include a storage shed; which will be conforming to all Borough codes, to be included on Lot 36 of the project in the culdisac. The applicant also stated that they will be permitting shared parking for neighbors on Lot 36 from the Shady Lawn Club. Mr Atkins, property owner and developer, was sworn in for testimony by Board Attorney Haggerty. Mr. Atkins stated that the lots will be combined and that the easement deed for Lot 36 was filed in error and will be refilled. Questions from the Board members included the COAH obligation construction being in-process and/or complete prior to a CO being issued for this project; and all outstanding bills and developers commitments being paid and up-to-date. Kathleen Gutwein, 24 Rapalyea Rd, stated her concern as to the traffic onto the county road of Lakeside Blvd and her concern as to the safety of the children at the bus stop on Edsall Rd and Rapalyea Rd with the increase in traffic from the area. Kevin Terminello, 39 Rapalyea Rd, asked for a traffic study to be completed due to the change in the new application. Sylvia Petillo, 9 Rapalyea Rd, expressed concern as to the traffic and the increased use onto County Road Lakeside Blvd. Would like to continue to plead with the County for a traffic signal in the area. Larry Borshard, 15 Boomer Rd, expressed traffic concerns and would like to restrict residents to have a specific number of cars each. He also stated his concerns as to the stop sign for the development, no access from Randolph Rd, the landscape buffer between Boomer Rd and the development roadway, the power lines behind Boomer Rd, the Black walnut tree, lighting shining onto Boomer Rd, property/home owners self managing the property and the heights of the buildings blocking views to the lake. David Courter, 10 Stone Ave, stated his concern as the increased building height from 1 story to 2 stories, the removal of trees, the relocation of the driveway for Lot 37, the landscape tree buffer not having enough room unless roadway is moved. He also stated his concern as to the traffic using the West Shore not being able to handle two way traffic and requested the borough council 4

5 add no parking signs along Edsall Rd due to the limited width of the road accommodating parking and two way traffic. John Rasmussen, 1 Edsall Rd, stated his concern that the stop sign is depicted on the plans directly in his driveway. Mr. Atkins stated that he would look into it and work with the property owner. Alexander Hamilton McLean, 1 West Shore Ave, stated his concerns as to the owner of 2 companies, sharing common ownership and assets. Property owners of Lots 36 should not have access to the other properties. He also stated that the original site plan is different from the new site plan for the fencing along both sides of Lot 36. He questions the easement for utilities and that it should be included in the agreement with the borough. The developer stated that the existing driveway will remain. The driveway will intersect with Road C within the existing easement. Additional landscaping, arborist advised, will be included along Lot 36 maintaining the 150 ft from the lake riparian zone. Blake Morris, 94 Randolph Ave, stated his concern as to the existing fence along the property line and the repair/replacement of the fencing. He also stated his concern as to the bald eagle nests on the property and his concern should trees be removed the nests would be removed. Larry Borshard, 15 Boomer Rd, asked what the height variance for the borough was and if the buildings were taller then the variance and his home. He also recommended that Mr. Atkins speak with Mr. Rasmussen. Nancy Kunz, 13 Boomer Rd, inquired as to the timing of the development construction to start and when it was expected to be completed. She was also concerned as to the fencing and the roadway curbline. There being no further persons from the public, the meeting went back to the board. A motion was made by Councilman Francis and seconded by Robert Rehe to approve the site plan application contingent on the following: Payment of all current fees, taxes and escrows. Approval of any other governmental entity having jurisdiction in this matter. Approval is based upon a plan submitted by the Applicant prepared by Eric L. Keller of Omland Engineering Associates, Inc. consisting of 20 sheets as specifically referenced in this Resolution. The 3 parcels are to be combined as a single lot through a deed to be prepared by the Applicant and subject to the review and approval of the Engineer and the Attorney for the Land Use Board. Applicant is to record the approved deed and send a copy of the recorded deed to the Secretary of the Land Use Board. Each of the residential units is have a dedicated dock space referred to in the Deed for each parcel. 5

6 The Applicant is to provide a Deed of Easement on Lot 36 subject to the review and approval of the Engineer and Attorney for the Land Use Board which will provide for a parking area on Lot 36 for members of the Shady Lawn Club Homeowners Association (6 spaces) as depicted on Applicant s site plan. The dock on Lot 36 would not be available for rental. The use of the dock is to be restricted to owners of the units and their guests. The walkway to Lot 36 will be for pedestrian use only and will not provide vehicular ingress and egress. The Applicant would provide a Deed of Easement for the utilities on Lot 36. The Deed is subject to review and approval of the Attorney for the Land Use Board, the Municipal Attorney and the Engineer of the Land Use Board. The approved Deed will be recorded by the Applicant and a copy of the recorded Deed provided to the Secretary of the Land Use Board. The Applicant will comply with the terms of the report dated October 6, 2014 prepared by John K. Ruschke. A copy of the report is attached hereto. The Applicant will provide a copy of an executed contract with the Smile of Hopatcong s Board of Directors authorizing the Applicant to participate in the construction of a facility for developmentally disabled individuals on Block Lots 5 and 6. No more than 10 Certificates of Occupancy shall be issued for construction on the Applicant s parcel prior to the completion of 7 COAH units to be built pursuant to the approval of the matter of Smile of Hopatcong approved and memorialized. In the event that the construction of the units does not take place, then the Applicant will make further application to the Land Use Board for approval to construct or to provide off site COAH housing on another site. The Applicant will have the option to construct vinyl fencing along the boundaries of Lot 36 as depicted in the Applicant s site plan. Ayes: Francis, Jobeless, Gilbert, Rehe, Trumpore, Hoagland, Schindelar, Gaffney Mayor Petillo returned to the Board. DISCUSSION: Mark & Sharon Gruber 41 Lakeside Blvd Vacant Lot Discussion Mr. Donegan and Mayor Petillo discussed the Gruber property on Lakeside Blvd and the property owner s plans to remove trees and fill for the parking of 2 personal boats and trailers on the property. The Board members discussed and decided that no amendment for the site plan would be required. Rob Jobeless Modick Park Pole Building Mr. Jobeless, DPW Superintendent, stated that the old shed at the Basketball Courts in Modick Park would be removed/replaced with a new pole building which would be used for Basketball, concession and Hopatcong Days activities and the Borough would be including electric to the building. It would be maintained by the Borough. A motion was made by Mark Gaffney and seconded by Robert Rehe to approve the capital improvement to the Modick Park storage/concession shed. 6

7 Ayes: Petillo, Francis, Jobeless, Gilbert, Rehe, Trumpore, Hoagland, Schindelar, Gaffney Sylvia Petillo Non-Residential Impervious Coverage Sylvia Petillo and Michael Francis discussed the possible change to the ordinance to define both residential/commercial impervious coverage. The Board members will discuss at the next Land Use Meeting. Michael Francis Architectural and Engineering Review Subcommittee Michael Francis asked the Board if it would be beneficial to form an Architectural and Engineering Review Subcommittee. The Board members will discuss at the next Land Use Meeting. RESOLUTION: Hearing Date Gary Petersen Block Lot 2 April 15, 2914 Klaus Behnert Block Lot 5 September 16, 2014 Howard Irwin Block Lot 68 September 16, 2014 A motion was made by Mark Gaffney and seconded by Mayor Petillo to approve the Resolution for Gary Petersen. Ayes: Mayor Petillo, Councilman Francis, Jobeless, Gilbert, Rehe, Trumpore, Hoagland, Schindelar, Gaffney A motion was made by Robert Rehe and seconded by Mayor Petillo to approve the Resolution for Klaus Behnert. Ayes: Mayor Petillo, Councilman Francis, Jobeless, Gilbert, Rehe, Trumpore, Hoagland, Schindelar, Gaffney A motion was made by Robert Rehe and seconded by Richard Schindelar to approve the Resolution for Howard Irwin with changes as noted by Board Attorney. Ayes: Mayor Petillo, Councilman Francis, Jobeless, Gilbert, Rehe, Trumpore, Hoagland, Schindelar, Gaffney ESCROW REFUND: Robert Dunn(RWD Contracting) Block Lot Lakeside Blvd $1, Samuel A. MacCaulley Block Lot 3 24 Hilltop Rod Thomas Veman Block Lot 65 7

8 BILLS: A motion was made by Sam Hoagland and seconded by Mayor Petillo to approve the payment of bills as follows: NJ HERALD Inv MacCaulley Block Lot 3 $ 8.10 Inv Stronghilos Block Lot 35 $ 9.00 Inv Sanchez Block Lot 4 $ 8.10 DOLAN & DOLAN Inv Atkins Block Lot 38,48 $ Inv Atno Block Lots 10,11,14 $ Inv Burt Block Lot 53 $ Inv Canning Block Lot 1 $ Inv Chapin Block Lot 19 $ Inv General-June, July August Meetings, Reviews $2, Inv Greentree Dvlpmt Block Lot 3 $ Inv Kiederling Block Lot 2 $ Inv Kimmell Block Lot 26 $ Inv MacCaulley Block Lot 3 $ Inv Wagner Block Lot 4 $ Inv Nelson Block Lot 9 $ Inv NVT Licenses LLC Block Lot 4 $ Inv P&I Holding Inc Block Lot 6 $ Inv Rinaldo Block Lot 49 $ Inv Sanchez Block Lot 4 $ Inv Smile of Hopatcong Block Lots 5&6 $ Inv Wagner Block Lot 4 $ Inv Weldon Quarry Block Lot 1 $ Inv West Shore Agency Block Lot 6 $ HATCH MOTT MACDONALD Inv Hefele Block Lot 14 $ Inv SunnySide/Gary Block Lot 17 $ Inv Hellum Block Lot 52 $ Inv Greentree Dvlpmt Block Lot 3 $3, Inv Rose Mountain Bros Block Lot 20 $ Inv Atkins Block Lot 38 $ Inv Hefele Block Lot 14 $ Inv Meeting Attendance July-September, 2014 $ Ayes: Mayor Petillo, Councilman Francis, Jobeless, Gilbert, Rehe, Trumpore, Hoagland, Schindelar, Gaffney Lynn and Ted Dubowick stated that they did not pick up their mailing notice in time for the meeting notice for Howard Irwin, Block Lot 68, on September 16, Board Attorney Haggerty stated that the application could not be reheard but would ensure that the property 8

9 owner s testimony on September 16, 2014 would be clarified in the Resolution to mention the drainage on the property. There being no one from the public, the meeting went back to the board. OLD BUSINESS: NONE NEW BUSINESS: Engineering/Architectural Technical Review Subcommittee Discussion at the next Land Use Board Meeting on October 21, 2014 MOTION TO ADJOURN: Motion to adjourn was made by Sam Hoagland and seconded by Robert Rehe, all were in favor. ADJOURNMENT: The meeting adjourned at 10:25 p.m. Ann Marie Bell, Land Use Board Secretary 9