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Planning Board Minutes

September 9, 2013 Meeting

MINUTES OF THE

SANDYSTON TOWNSHIP PLANNING BOARD MEETING

MONDAY, SEPTEMBER 9, 2013

Meeting was called to order by Keith Utter, Chairman. This meeting has been duly advertised and meets all requirements of the Open Public Meetings Act.

Present:

Mr. Fred MacDonald

Mr. John deJager

Mr. Joseph Pinzone

Mr. Marc Cunico

Mr. Mike Milligan (7:05)

Mr. Wes Powers

Mr. Scott Smith

Mr. Keith Utter

Absent:

Mr. George Harper

Mr. Ronald Green

Mr. Raj Sinha

APPROVAL OF MINUTES:

A Motionwas made by Mr. Pinzoneand seconded by Mr. Cunicofor approval of the minutes of the July 1st Regular Meeting. All were in favor. The motion was carried and the minutes were approved as submitted.

APPROVAL OF VOUCHERS:

A Motion was made by Mr. Cunico and seconded by Mr. deJager to approve the following vouchers for payment. . Roll Call: Mr. MacDonald, yes; Mr. deJager, yes; Mr. Pinzone, yes; Mr. Cunico, yes; Mr. Powers, yes; Mr. Smith, yes; and Mr. Utter, yes. The motion was passed.

HAROLD E. PELLOW & ASSOCIATES, INC.

Escrow:

#05-2005Shi Site Plan

Invoice #57390$ 125.00

General:

Professional Services 5/31/13- 6/27/13

Invoice #57247$ 62.50

NEW JERSEY HERALD

Ford ResolutionInvoice #5645264$ 17.70

Ford Resolution (Correct Lot #) Invoice #5682822$ 17.70

Cancel Meeting August Invoice #5682821$ 16.20

CORRESPONDENCE:

The following correspondence was reviewed:

Letter received July 2, 2013 from State of New Jersey Council on Affordable Housing

Re:Municipal Affordable Housing Trust Fund Current Balance

Letter received July 13, 2013 from the Sussex County Soil Conservation District

Re: Block 703, Lot 1.08 Parker – single family home @ DeVita Road

Soil Erosion & Sediment Control Plan #SA054

OPRA request received August 12, 2013 from Gabriela Goncalves, Bohler Engineering

Re:Block 1204, Lot 7

Previously approved site plan, grading/utilities plan, septic plan and survey

Letter received August 14, 2013 from the US Department of Transportation

Re: Delaware Water Gap National Recreation Area

NJDEP permit – Bank stabilization, culvert replacement & replacement of riprap to prevent scour around culvert.

Letter received August 22, 2013 from Law Office of Glenn T. Gavan, Esq., LLC

Re:Transfer of Matter

The New Jersey Planner – May/June 2013 Issue

Discussion took place regarding COAH status and alternative options to relinquishing funds to the State of New Jersey.

Discussion also ensued regarding the letter from Glenn T. Gavan, Esq. requesting approval to continue as Planning Board Attorney by notifying McGivney & Kluger of same as Mr. Gavan has opened an independent law office and approval of the professional services agreement for legal services between the Sandyston Township Planning Board and the firm of Glenn T. Gavan, Esq. LLC for the period of August 1, 2013 to December 31, 2013. A copy of the agreement signed by the Chairman and Secretary of the Board is attached to these minutes.

RESOLUTIONS:

A motion was made by Mr. Cunico and seconded by Mr. Pinzone to approve the resolution for legal services between the Sandyston Township Planning Board and the firm of Glenn T. Gavan, Esq. LLC for the period of August 1, 2013 to December 31, 2013. Roll Call: Mr. MacDonald, yes; Mr. deJager, yes; Mr. Pinzone, yes; Mr. Cunico, yes; Mr. Milligan, yes; Mr. Powers, yes; Mr. Smith, yes; and Mr. Utter, yes. The motion was passed. A copy of the Resolution is attached to these minutes.

OTHER BUSINESS:NONE

PUBLIC PARTICIPATION:

The meeting was opened to the public.

Mr. Dan Vernay presented himself to the board. The Vernay Moving Company has been in business since 1903 in Paterson, his father had a location in Netcong and now his company is in Jefferson Township with an office, storage and retail sales facility on Spring Street in Newton. As required by law, he must keep office with hours stated. Mr. Vernay indicated he is not busy up here now, but is looking forward to business improving. He is interested in property located at 163 Rt. 206 South. The property has a sign for ‘Village Garden Café’ and two unoccupied buildings located on the 3.25 acres. Mr. Vernay indicated he is in discussion with the current owner regarding possible use of the property forfurniture storage in the building,a retail store open several times a year and overnight parking for one 26’ truck. As Block 1203, Lot 2.02 is zoned D-1 Residential, Mr. Vernay is concerned about the cost of a variance and questioned whether that is necessary; he does not want to waste time and money. Due to the residential zoning, a use variance is required, not a site plan waiver as was the case for his facility in Newton which is in a commercial zone. It was mentioned that the septic may be non-functioning or non-existent and the well must supply potable water prior to occupancy. The property slopes off sharply behind the building. These issues would be addressed by the Sussex County Board of Health. Although the intended use is low impact Mr. Vernay would need to submit a variance application which would include plans by an engineer to show the entire plan of use and representation by an attorney. The plans would be reviewed by the Planning Board Engineer and Attorney when the application is submitted. Mr. Vernay was cautioned to do his due diligence prior to submitting any application.

The meeting was closed to the public.

ADJOURNMENT:

As there was no further business before the Board, a Motion was made by Mr. Cunico and seconded by Mr. Pinzone to adjourn the meeting. All were in favor. The meeting was adjourned.

Respectfully submitted,

Elizabeth Pinzone

Secretary