MINUTES

SANDYSTONTOWNSHIP PLANNING BOARD

JUNE 5, 2006

This meeting has been duly advertised and meets all requirements of the Open Public Meetings Act.

Present: John DeJagerAbsent:Fred MacDonald

George Harper, Jr. Ron Green

Lou CherepyMike Milligan

Marc Cunico

Ed Ibsen

Erma Gormley

Joe Pinzone

Keith Utter

Also present was the Board Attorney, Glenn Gavan, Esq.

APPROVAL OF MINUTES: A Motion was made by Mr. Cunicoand seconded by Mr. Harperto approve the Minutes of May 1, 2006. All were in favor, except Erma Gormley, who abstained. The Motion was carried.

APPROVAL OF VOUCHERS: A Motion was made by Mr. Cherepyand seconded by Mr. Cunico to approve the following voucher for payment:

North Jersey HousingInv. 1321

& Planning Services, LLC(COAH)05/06/06$ 180.00

Roll Call: Mr. DeJager, yes; Mr. Harper, yes;Mr. Cherepy, yes; Mr. Cunico, yes;Mr. Ibsen, yes; Mrs. Gormley, yes; Mr. Pinzone, yes; and Mr. Utter, yes. The Motion was carried.

CORRESPONDENCE:

The following correspondence was reviewed and no formal action was taken:

  1. New Jersey Council on Affordable Housing (5/09/06) – COAH for Round 3 Substantive Certification; and
  1. State of New Jersey (5/11/06) – Public Hearing Request for Sussex County Strategic Growth Plan Petition for Initial Plan Endorsement on June 1, 2006; and
  1. County of Sussex (5/22/06) – Nominations Requested for 2006 SussexCounty Planning Awards; and
  1. Center for Advanced Infrastructure and Transportation (5/30/06) – Seminar on June 20, 2006 for Sub-regional Safety Conscious Planning Forum.

PUBLIC HEARINGS:

Paul & Suzanne Fodor – #04/2006 - Minor Subdivision – Block 1105, Lot 12 – Route 206 South:

Mrs. Gormley stepped down from this application.

Appearing before the board was the applicant Paul Fodor. Mr. Fodor was sworn in by the board attorney.

Mr. Fodor indicated that he is applying for a subdivision. He has 15 acres on Route 206. He would like to create 1 lot with a remainder. The new lot would be approximately 2

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Planning Board

PUBLIC HEARINGS CONT.:

Paul & Suzanne Fodor – #04/2006 - Minor Subdivision – Block 1105, Lot 12 – Route 206 South cont.:

acres and the remainder would be slightly over 13 acres. He is creating the second lot to build a new home.

Mr. Utter reviewed the board engineer’s report dated April 24, 2006:

The applicant, Paul Fodor, is proposing to subdivide a 15.0 acre parcel into two lots, proposed Lot 12 containing 1.66 acres and proposed Lot 12.02 containing 13.34 acres. The subject property has frontage on N.J.S.H. Route 206 and is located in the V-1, Highway Village Zone and B Residential Zone.

Based upon review of the submitted plan and a site visit conducted by this office on April 19, 2006, I offer the following comments:

  1. The proposed minor subdivision meets the bulk requirements for the V-1 and B Zones, with the exception of some existing conditions as noted:

Item / V-1 Zone Required / Proposed Lot 12
Min. Lot Area / - / 1.66 acres
Min. Lot Width / - / 397.4 ft.
Min. Front Yard / 40 / 3.0 ft +/- *
Min. Side Yard / 10 / 120 ft. +/-
Min. Rear Yard / 40 / 150 ft. +\-

*Existing Condition

*Existing garage is setback 12’ +\-

Item / B Zone Required / V-1 Zone Required / Proposed Lot 12.02
Min. Lot Area / 60,000 SF / - / 13.34 acres
Min. Lot Width / 180 ft. / - / 200 ft.
Min. Front Yard / 75 ft. / 40 / >75 ft.
Min. Side Yard / 25 ft. / 10 / >25 ft.
Min. Rear Yard / 60 ft. / 40 / >60 ft.
  1. The site slopes away from the road to a low flat spot and then slopes up a fairly steep hillside. Topography needs to be shown on the plans with 2 foot intervals. The applicant indicated that his engineer is in the process of preparing this and he will provide it to the board engineer for review prior to signing the deeds.
  1. A long driveway is proposed to access the proposed residence. A grading and soil erosion control plan needs to be submitted for the proposed driveway and residence that meets the standards of Chapter 64-4 Design Standards for Driveways. If disturbance is greater than 1 acre on the site, the site will have to comply with NJDEP storm water regulations for a major development and a Soil Erosion Permit from SussexCounty will be required. The plans should be revised accordingly. Mr. Fodor indicated that the driveway is approximately 1400 feet long. He also agreed to provide this information to the board engineer for review prior to signing the deeds.
  1. Storm drainage will need to be addressed on the proposed lot for the driveway and proposed residence. Storm drainage calculations are needed. Mr. Fodor indicated that his engineer is working on this and he will provide this to the board engineer for review prior to signing the deeds.

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PUBLIC HEARINGS CONT.:

Paul & Suzanne Fodor – #04/2006 - Minor Subdivision – Block 1105, Lot 12 – Route 206 South cont.:

  1. Sight distances at the proposed driveway location are needed. New Jersey State Department of Transportation (N.J.D.O.T.) approval is required for access to Route 206. Any conditions of approval from the N.J.D.O.T. related to site clearing and/or grading for sight distance for access to Route 206 must be completed prior to the deeds being signed for the individual parcels. Mr. Fodor indicated that the NJDOT requires that the subdivision be approved before reviewing an application for a driveway permit. Mr. Gavan indicated that this can be approved subject to the applicant obtaining an approval from the NJDOT. Mr. Fodor agreed to this as a condition of approval and prior to signing the deeds.
  1. The soil logs to be signed and sealed by the design engineer. Mr. Fodor agreed to provide this on the revised maps.
  1. Sussex County Planning Board approval is needed. Mr. Fodor indicated that a letter of no interest was received on May 22, 2006.
  1. Proposed lot numbers to be approved by the Township Tax Assessor. Mr. Fodor agreed to provide this to the board.
  1. The plan to be updated to show the V-1 Zone, and not the “CI” zone. Mr. Fodor agreed to revise this on the map.

Mr. Ibsen questioned the applicant if there are any wetlands on the property. Mr. Fodor indicated that he has a report from Mr. Wander indicating that there are no wetlands. Mr. Ibsen indicated that a copy of the report should be submitted to the township and included on the revised map.

Mr. Harper expressed his concern with the drainage issues above this property to Davey Lane. The drainage calculations must be dealt with by the applicant and approved by the board engineer. The applicant agreed.

This matter was opened to the public. There was no public participation. This matter was closed to the public.

A Motion was made by Mr. Cunico and seconded by Mr. Harper to approve this Minor Subdivisions with the conditions agreed to by the applicant in the Mr. Simmons report dated April 24, 2006 and any other agency approvals that are needed. Roll Call: Mr. DeJager, yes; Mr. Harper, yes; Mr. Cherepy, yes; Mr. Cunico, yes; Mr. Ibsen, yes; Mr. Pinzone, yes; and Mr. Utter, yes. The Motion was carried.

Mrs. Gormley returned to the meeting.

Gail Zubl – Minor Subdivision – #05/2006 - Block 1807, Lots 3 & 5 – East Shore Trail:

Mr. Pinzone stepped down from this application.

Appearing before the board was the applicant, Gail Zubl and Paul J. Lehman, the owner of Lot 3. Ms. Zubl and Mr. Lehman were sworn in by the board attorney.

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PUBLIC HEARINGS CONT.:

Gail Zubl – Minor Subdivision – #05/2006 - Block 1807, Lots 3 & 5 – East Shore Trail cont.:

Mr. Gavan questioned Mr. Lehman if he signed the Affidavit of Ownership with regard to Lot 3 in connection with this subdivision. Mr. Lehman indicated that he did not; however, he does not have any objection to the subdivision.

Mr. Gavan indicated that the board received letters regarding the septic problems on Mrs. Zubl’s property and the board has no jurisdiction over these issues.

Ms. Zubl indicated that this is a Lot Line Adjustment shifting 6000 square feet from Lot 3 to Lot 5 which is currently 4000 square feet. This Lot Line Adjustment will now bring her lot to a conforming lot of 10,000 square feet.

Mr. Lehman indicated that 2000 square feet that he is shifting is directly behind Ms. Zubl’s property and 4000 square feet is behind his house. The remainder of his lot will be 34,000 square feet.

Mr. Lehman indicated that before finalizing this subdivision, he would like to see any issues with the Kittatinny Lake Association be resolved. The board indicated that they do not have jurisdiction over this situation.

Mr. Utter reviewed the board engineer’s report dated May 24, 2006:

The applicant, Gail Zubl, is proposing to annex 6,000 square feet from adjacent Tax Lot 3 to her existing Tax Lot 5 containing 4,000 square feet to create a combined Tax Lot 5 containing 10,000 square feet. This is a minor subdivision to adjust the lot lines. No new lots are created. The subject property has frontage on East Shore Trail in the KittatinnyLake area is located in the Lake Community (LC) Zone.

Based upon a review of the submitted plan and a site visit by our office on May 22, 2006, I have the following comments:

  1. The proposed minor subdivision meets the bulk requirements for the LC Zone, with the exception of some existing conditions as noted. See table below.

Item / LC Zone Required / Proposed Lot 5 / Remainder Lot 3
Min. Lot Area / 10,000 SF / 10,000 SF / 34,000 SF
Min. Lot Width / 80’ / 40’* / 100’
Min. Lot Front Yard / 30’ / 17’* / N/A
Min. Side Yard / 7’ / 6.0’* / N/A
Min. Rear Yard / 35’ / 145’ / N/A

*Existing Condition

  1. I note that there are three “Septic” labels on remainder Tax Lot 3. The extent of the septic system components on this lot needs to be identified to ensure that there are no components on the portion of the lot which is proposed to be annexed to Tax Lot 5. Required setbacks from all septic system components also need to be maintained. Mr. Lehman indicated that this was his septic system for his house and has no affect to this application.

3. Bearings to be provided on all the courses of remainder Tax Lot 3. The applicant

agreed to revise the plans to show this.

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Planning Board

PUBLIC HEARINGS CONT.:

Gail Zubl – Minor Subdivision – #05/2006 - Block 1807, Lots 3 & 5 – East Shore Trail cont.:

4. Due to the relatively close proximity of the pole at the most southern corner of Tax

Lot 5, the presence of any utility easements over the lot should be checked. It was

agreed by the applicant to have their surveyor check on this and if there are any

easements for utilities, they should be shown on the map.

This matter was opened to the public.

Mr. Thomas Boccia appeared before the board. He indicated that Mr. Lehman wanted to leave his property to his relatives and questioned the board what happens if this transfer happens before this subdivision is finalized. The board indicated that they do not have jurisdiction with regard to this issue.

Having no further public participation, this matter was closed to the public.

A Motion was made by Mrs. Gormley and seconded by Mr. DeJager to approve the Minor Subdivision with the conditions stated by Mr. Simmons’ report dated May 24, 2006. Roll Call: Mr. DeJager, yes; Mr. Harper, yes; Mr. Cherepy, yes; Mr. Cunico, yes; Mr. Ibsen, yes; Mrs. Gormley, yes; and Mr. Utter, yes. The Motion was carried.

Mr. Pinzone returned to the meeting.

John DeLea – Minor Subdivision - #06/2006 – Block 1103, Lot 19 – Route 645-39 Layton/Hainesville Road:

Appearing before the board was the applicant, John DeLea, the applicant. Mr. DeLea was sworn in by the board attorney.

Mr. DeLea indicated that he was before the board for a Minor Subdivision to subdivide the existing house off of the 13 acre parcel and build a handicapped house on the new lot.

Mr. Utter reviewed Mr. Simmon’s report dated May 24, 2006: The applicants, John and Lois Delea are proposing to subdivide existing Tax Lot 19 into one 13.07 acre lot with a 1.767 acre remainder lot. This is a minor subdivision to create a second lot next to the existing house lot. The subject property has frontage on Layton-Hainesville Road (CR 645) and is located in the B Residential Zone.

Based upon a review of the submitted plan and a site visit by our office on May 22, 2006, I have the following comments:

  1. The proposed minor subdivision meets the bulk requirements for the B Zone, with the exception of some existing conditions as noted below:

Item / B Zone Required / Proposed Lot 19.01 / Remainder Lot 19
Min. Lot Area / 60,000 SF / 13.07 acres / 1.767 acres
(76,977 sf)
Min. Lot Width / 180’ / 256.92 / 338.08
Min. Lot Front Yard / 75’ / 75’ / 15’*
Min. Side Yard / 25’ / 25’ / 125’
Min. Rear Yard / 60’ / 300’ / 60’
Acc. Bldg. Side Yard / 20’ / 20’ / 20
Acc. Bldg. Rear Yard / 20’ / 20’ / 20’

*Existing Condition

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Planning Board

PUBLIC HEARINGS CONT.:

John DeLea – Minor Subdivision - #06/2006 – Block 1103, Lot 19 – Route 645-39 Layton/Hainesville Road cont.:

The zone chart on the plat to be revised to reflect the current 20’ side and rear setback requirements for accessory buildings.

  1. A 300 foot transition area from the flood zone limit for Little Flatbrook is shown on the plat. The area to the northeast of this line should be preserved in a conservation easement. Mr. Utter indicated that because of the Category 1 areas of the Flatbrook, he felt this was not necessary. Mr. Gavan indicated that from a legal point of view, this is redundant. Mr. Cherepy indicated that the board has required this in this past and required that this be put in the deeds. A lengthy discussion was held with regard to this issue. Mr. Harper indicated that this should be put into the Deed. The board agreed to require the applicant to have the conservation easement in the Deed.
  1. The rear setback line, whichis the limit of the 300 foot transition area, needs to be delineated by metes and bounds to establish the limits of the building envelopment. A discussion was held with regard to this issue. The board agreed that no metes and bound descriptions are needed to refer to lines on map.
  1. I don’t believe that the accessory barn on proposed Lot 19.01 is allowed on the lot without a principal structure. The Board Attorney to comment. The board discussed this and the applicant has testified that a house will be built on this new lot.
  1. A note that adjacent Tax Lot 23 has an appendage that comes down in the subject property. Do the owners of Tax Lot 23 have any right to cross the subject lot? Mr. DeLea indicated they do not. The trail was put in the 1800’s for a water access and it is no longer used.
  1. The soil logs have to be signed and sealed by the N.J. Licensed Professional Engineer who prepared them. The map has to be revised to show the soil logs and have the seal placed on it.
  1. The subdivision is subject to Sussex County Planning Board approval. Mr. DeLea indicated that this was approved earlier today. He will submit a copy of the approval when received.
  1. I note that 0.225 acres +/- of land is proposed to be dedicated to SussexCounty for right of way purposes. The driveway location and right of way dedication to be approved by the CountyEngineer’s Department. Mr. DeLea indicated that this was approved. The board indicated this should be shown on revised map.
  1. The “Old Roadway” crossing the property is labeled abandoned. Is there documentation regarding the abandonment? Who currently has rights to this area? Mr. DeLea indicated that this was deeded back to the property owners in the late 50’s and early 60’s. Mr. Gavan indicated that the Planning Board has no obligation to clarify this statement. He further stated that it is not blocking any structure according to the proposed map.
  1. Sussex County Health Department approval is required for the proposed septic system. The applicant agreed to provide this information.
  1. Proposed tax lot numbers to be approved the Township Tax Assessor. The applicant agreed to provide this information.

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PUBLIC HEARINGS CONT.:

John DeLea – Minor Subdivision - #06/2006 – Block 1103, Lot 19 – Route 645-39 Layton/Hainesville Road cont.:

This matter was opened to the pubic. There was no public participation. This matter was closed to the public.

A Motion was made by Mr. Cunico and seconded by Mr. Harper to approve this application subject to the conditions in Mr. Simmons’ report dated May 24, 2006 with the exception of items 3, 4, 5 and 9 and the following items are conditions of the report: items 2, 6, 7, 8, 10 & 11. Roll Call: Mr. DeJager, yes; Mr. Harper, yes; Mr. Cherepy, yes; Mr. Cunico, yes; Mr. Ibsen, yes; Mrs. Gormley, yes; Mr. Pinzone, yes; and Mr. Utter, yes. The Motion was carried.

David & Heidi Rivera – “C” Variance - #07/2006 – Block 1709, Lot 28 – 27 Mountain Trail:

Mr. Pinzone stepped down from this application.

Appearing before the board was the applicant, Heidi Rivera. Mrs. Rivera was sworn in by the board attorney.

Mrs. Rivera indicated that she was before the board to build an addition above her existing garage which will contain a living room, a bedroom and a master bath.

Mr. Gavan questioned the applicant if it was a pre-existing garage.