MINUTES OF LAND USE BOARD. Hopatcong Borough Hall, Hopatcong, NJ December 16, 2014

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1 MINUTES OF LAND USE BOARD Hopatcong Borough Hall, Hopatcong, NJ December 16, 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. ROLL CALL: PRESENT: Mayor Petillo (arrived 733pm), Councilman Francis, Ron Jobeless, Alan Gilbert, Robert Duncan, Ken Trumpore, Sam Hoagland, Richard Schindelar, Mike, Mark Gaffney ABSENT: Robert Rehe, Justin Lijo Also In Attendance: Attorney- William Haggerty Engineer: John Ruschke NEW APPLICATION: Mayor Petillo (arriving late), Councilman Francis and Councilman-Elect Schindelar recused themselves. Shirley Nelson Block Lot Lakeside Ave Carl Nelson, son of the applicant and property owner Shirley Nelson, was sworn in by Board Attorney Haggerty. Mr. Nelson stated that his mother purchased the property in 1978 as a three family home and that the property continued to be used as a three family home with some tenants still in the home since that date. Mr. Haggerty stated to the applicant needs to prove pre-existing non-conforming use would require proof of existence prior to the zoning ordinance change of Mr. Nelson showed a floor plan showing a ranch style building with 2 two-bedroom apartments on the first floor and a one-bedroom apartment in the basement, lower level. The tax records provided could not go back prior to The building department file indicates that the building was constructed in The applicant withdrew the application for pre-existing nonconforming use and wished to modify the application for the appropriate variances for use. The applicant presented that the three family home existed since 1978 and continued to be used as a three family home. Board member expressed the concern as to the construction of the firewall separation between the apartments. Fire Classification Inspections would need to be reviewed and approved by the Fire Marshall to understand current code standards. 1

2 OPEN TO THE PUBLIC: John Kressman, 345 Squaw Trail, was sworn in by Board Attorney Haggerty. Mr. Kressman stated that he is a neighbor of the applicant for 17 years, and that the home has always been a 3 family home. His only concern is that knowing the property is currently for sale and that if the Landlords changed the tenants might change. Edward Kelly, 14 Altavista Trail, was sworn in by Board Attorney Haggerty. Mr. Kelly stated the he is a neighbor of the applicant for 14 years. The homes has always been there and understood it was always a three family home. Any property maintenance issues has always been addressed immediately. There being no one from the public, the meeting went back to the board. A motion was made by Sam Hoagland and seconded by Ken Trumpore to approve the use variance for a three family dwelling in a R-1 zone. Ayes: Jobeless, Gilbert, Duncan, Trumpore, Hoagland,, Gaffney Mayor Petillo, Councilman Francis and Councilman-Elect Schindelar returned to the Board. Yong Jin Kim Sam s Cleaners Block Lot 3 50 Hopatchung Rd Yong Jin Kim, tenant of the property was sworn in by Board Attorney Haggerty. Mr. Bern Hefele, attorney for the applicant was also present. Attorney Hefele stated that the applicant s business Sam s Cleaners has been operational for 23 years and is moving his business to this new location and a minor amendment to the site plan would be required. The changes to the property would be relocating a chiller, air-conditioner to the back of the building, which would not affect the neighbors for noise concerns as there is currently a 8-10 ft block wall buffering any possible noise. The applicant also wanted to install an above ground 275 gallon oil tank on the side of the building. A Board Member indicated a discrepancy on the architect s site plan that shows a 125 gallon oil tank vs. the 275 requested and the attorney stated that it would be amended. Attorney Hefele confirmed that the placement of the chiller and oil tank would not affect parking, lighting or signage with regard to site plan. The board recommended placing bollards around the above ground oil tank as the tank could not be moved behind the building. The sign for the business would be moved from the old location building to the new building so no changes would be required. The Borough Engineer stated that there should be a condition of approval should be that if noise becomes an issue, the applicants would work with the Borough to correct the noise. The applicant attorney and Mr. Donegan also described the possibility to install a handicap ramp replacing the current steps to the entrance. Boardmember concerns were the need for railings, the placement and elevation of the ramp without impeding walking pedestrians along the 2

3 sidewalk. The Boardmembers stated that a condition of approval would be that the ramp would have to meet all construction code requirements. OPEN TO THE PUBLIC: board. There being no one from the public, the meeting went back to the A motion was made by Sam Hoagland and seconded by Councilman Francis to approve the variances with a condition of approval should a noise issue arises the applicant would work with the Borough to correct and bollards be placed in front of the oil tanks and a condition of approval that the handicap ramp meet all construction code requirements. A motion was made by Sam Hoagland and seconded by Ken Trumpore to approve a Waiver of Memorialization on the application. DISCUSSION: Robert Phillips Mayor Petillo stated that the contract purchaser was unable to attend this evenings meeting due to an illness. She stated that they wanted to discuss the possibility of modifying the site plan at 52 Lakeside Blvd, formerly the Curves building to include commercial property on the lower level and apartments on the upper floor. The Board members noted that this area would also be a good idea to look into redevelopment of the Lakeside Blvd corridor. Tomahawk Lake R3 Zone and the property owner has 77 acres that adjoins Hopatcong/Sparta and Byram. The property owners are looking for the possibility to have a family cemetery plots. Discussion ensued that if it was a permitted accessory use. Attorney Haggerty stated that there is a provision that states: if a Cemetery is established after December 1, 1971, it shall be owned or operated only by a government entity or an organization, or by a cemetery company organized in accordance with this act. Bill Donegan shared a change to a prior application with the Board for Informational Purposes only. A new home, previously approved by the board, had the height of the roof increased slightly to make room for an extra room over the garage, but was still within the height range. 3

4 RESOLUTION: Hearing Date Susan Pocsik Block 31101, Lot 11 & 12 11/18/14 Lorenzo Gonzalez Block 31301, Lot 4 11/18/14 Greentree at Hopatcong III Block Lot 11 12/2/14 A motion was made by Ken Trumpore and seconded by Mayor Petillo to approve the Resolution for Susan Pocsik, Lorenzo Gonzalez, Greentree at Hopatcong III from November 18, 2014 and December 2, CORRESPONDENCE: (for information only/no ation by the Board) 12/2/14 C. Lundin, Soil Erosion and Sediment Control Plan Veterans Field Temporary Soil Stockpile Facility 1.23 acres of disturbance certification expires 12/31/14. 12/2/14 C. Lundin, Soil Erosion and Sediment Control Plan Atkins Mariner s Point 35 multifamily units 4.50 acres of disturbance certification expires 12/31/14. 12/2/14 C. Lundin, Soil Erosion and Sediment Control Plan Single Family Home Xheladin Leka - Block Lot 6.01 certification expires 12/31/14. 12/2/14 C. Lundin, Soil Erosion and Sediment Control Plan Single Family Home Xheladin Leka - Block Lot 6.03 certification expires 12/31/14. 12/2/14 C. Lundin, Soil Erosion and Sediment Control Plan NJ Transit Trackbed Restoration Project Hopatcong, Stanhope, Byram, Roxbury certification expires 12/31/14. ESCROW REFUND: (for information only/no ation by the Board) Quick Chek Block Lot 2 $ 2, West Shore Agency Block Lot 6 $ George Stronghilos Block Lot 35 $ Jennifer Kimmell Block Lot 26 $ Colleen Burt Block Lot 53 $ Richard Sanchez Block Lot 4 $ Gary Petersen Block Lot 12 $ Ivan Dressner Block Lot 19 $ BILLS: HATCH MOTT MACDONALD Inv.IV Meeting Attendance-Oct 10 & 24, 2014 $ Inv.IV Atkins Block Lot 38 $ Inv.IV Greentree Block Lot 3 $ 4, Inv.IV Irwin Block Lot 68 $ Inv.IV Radziwon Block Lot 14 $ A motion was made by Mayor Petillo and seconded by Robert Duncan to approve the payment of bills for December 16,

5 OPEN TO THE PUBLIC: There being no one from the public, the meeting went back to the board. OLD BUSINESS: Atkins/Hopatcong LLC Suspension of Land Use approval due to unpaid sewer assessment for Block Lots 36, 38 & 48. Attorney Haggerty stated that there is a standard condition of approval that all taxes, assessments and fees be paid as an ongoing obligation to the property. He is unsure if the property owner plans on continuing the application approved due to the DEP/EPA issues regarding the eagles nest. Mr. Jobeless stated that the property owner already received approval to put in 150 feet of road to the site to maintain his permit. The property owner sent the Mayor an stating that he did not want to finish paying for the sewer allotment until he knows if he can actually build. Attorney Haggerty stated that it has to be paid as a condition of approval to build which would also impact the approval to build the Smiles Project. Board Attorney Haggerty will send a letter to the property owners stating that any road construction would be a violation of the Board s approval until all conditions are satisfied, specifically payment of taxes, assessments and/or fees. Atno Chairman Gilbert stated that there is a problem getting the deeds corrected and submitted to the Chairman and Secretary for approval. The Atno attorneys want approval by the Chairman and Secretary by year-end 2014, however they have not submitted corrected deeds reflecting Board Attorney Haggerty or Board Engineer Ruschke s documented detailed input for property description and easement information. The applicants attorney s have been notified but a Board Member stated that he would call the property owner directly as they may not be aware of the issues. Hopatcong Center Plan continued from 12/2/14 review and approval of the Hopatcong Center Plan prepared by Heyer, Gruel & Associations November Meeting with Highlands Council next Tuesday at 930am, December 23, 2014 to discuss the Highlands Grant Funds. Attendees would be Highlands Council members, Mayor Petillo, Councilman Francis, Mr. Jobeless, Chairman Gilbert, Attorney Haggerty (if available), John Ruschke, Robert Elia, Borough Administrator. The Hopatcong Center Plan document was submitted to Board Secretary in Word format to make the updating easier, in house, instead of updating with Heyer, Gruel and Associates. A report will be provided to the Board regarding the Highlands Council Grant Fund meeting at the next Land Use Board meeting in the New Year. Septic Code Draft Ordinance Ordinance for the removal and reconstruction of residential, commercial and non-residential buildings without complying with current septic code requirements. The Land Use Board should review and recommend the ordinance to the Hopatcong Board of Health in the New Year. Electronic copies of the draft ordinance will be provided to the Board Members and will be discussed at the next Land Use Board meeting in the New Year. 5

6 NEW BUSINESS: Form Based Code Councilman Francis recommended that the Board plan for the introduction of the Form Based Code Re-development expansion, address the mix use issue, to the Lakeside Blvd Corridor for 2015 Land Use Board initiatives. Also ensure update in the Planner s Hopatcong Center Plan to reflect the expansion to the Lakeside Blvd corridor. Professional Planner it was recommended that the professional planner contract not be renewed for Heyer, Gruel & Associates for 2015 but the Land Use Board recommend to the Mayor and Council to extend a professional contract to Hatch Mott MacDonald for Planner Services. There was comments of concern regarding the work that was not completed by the current planner and to ensure that all deliverables are completed to meet Highlands Grant Requirements. A motion was made by Ron Jobeless and seconded by Robert Duncan to recommend to the Mayor and Council to extend a professional contract to Hatch Mott MacDonald for Planners Services for Ayes: Jobeless, Gilbert, Duncan, Trumpore, Hoagland,, Gaffney The Board thanked Mr. Richard Schindelar for his time and dedication to the Land Use Board over the years and congratulated him on his election and appointment to the Hopatcong Borough Council. MOTION TO ADJOURN: Motion to adjourn was made by Sam Hoagland and seconded by Robert Duncan, all were in favor. ADJOURNMENT: The meeting adjourned at 8:39 p.m. Ann Marie Bell, Land Use Board Secretary 6