MINUTES OF LAND USE BOARD REORGANIZATION MEETING Hopatcong Borough Hall, Hopatcong, NJ January 20, 2015

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1 MINUTES OF LAND USE BOARD REORGANIZATION MEETING Hopatcong Borough Hall, Hopatcong, NJ January 20, 2015 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. SALUTE TO THE FLAG: The members joined in a salute to the Flag. REORGANIZATION: Chairman Gilbert asked for nomination for the Land Use Board Attorney. Mayor Petillo nominated Bill Haggerty, Dolan & Dolan, seconded by Robert Duncan. No other nominations made. Chairman Gilbert asked for nominations for the Land Use Board Engineer. Councilman Francis nominated John Ruschke, Hatch Mott MacDonald, seconded by Sam Hoagland. No other nominations made. Chairman Gilbert asked for nominations for the Land Use Board Secretary. Robert Duncan nominated Ann Marie Bell, seconded by Mayor Petillo. No other nominations made. Ayes: Mayor Petillo, Councilman Francis, Jobeless, Gilbert, Rehe, Duncan, Trumpore, Board Attorney Haggerty asked for nominations for the Land Use Board Chairman. Ken Trumpore nominated Alan Gilbert, seconded by Ron Jobeless. No other nominations made. 1

2 Ayes: Mayor Petillo, Councilman Francis, Jobeless, Rehe, Duncan, Trumpore, Abstain:Gilbert Chairman Gilbert asked for nominations for the Land Use Board Vice Chairman. Mayor Petillo nominated Robert Rehe, seconded by Councilman Francis. No other nominations made. Ayes: Mayor Petillo, Councilman Francis, Jobeless, Gilbert, Duncan, Trumpore, Hoagland, Rahill Abstain:Rehe OATHS Mayor Petillo administered the Oaths of office for Mr. Sam Hoagland and Mr. Robert Rehe as Class IV Members for a term expiration of 12/31/2017. Meeting Dates Chairman Gilbert asked for a motion to approve the meeting dates for Robert Rehe made a motion to approve the meeting dates and seconded by Sam Hoagland. Meeting Schedule January 20, 2015 February 3, 2015 February 17, 2015 March 3, 2015 March 17, 2015 April 7, 2015 April 21, 2015 May 5, 2015 May 19, 2015 (6/2/15-No Meeting) (Primary Election Day)June 16, 2015 July July 21, 2015 August 4, 2015 August 18, 2015 September 1, 2015 September 15, 2015 October 6, 2015 October 20, 2015 (11/3/15 No Meeting) (Election Day) November 17, 2015 December 1, 2015 December 15, 2015 January 19, 2016 (Reorganization) Designation of Official Newspaper: Chairman Gilbert asked for a motion to approve the official newspaper for Mayor Petillo made a motion to approve the New Jersey Herald, the New Jersey Sunday Herald, as the designated official newspaper. If not available, the Daily Record may be utilized as an alternate and seconded by Sam Hoagland. 2

3 That concludes the Reorganization Meeting at 7:41pm. Ann Marie Bell, Land Use Board Secretary 3

4 MINUTES OF LAND USE BOARD REGULAR MEETING Hopatcong Borough Hall, Hopatcong, NJ January 20, 2015 CALL TO ORDER: Chairman Alan Gilbert called the regular meeting of the Land Use Board to order at 7:41 P.M. ROLL CALL: PRESENT: Mayor Petillo, Councilman Francis, Ron Jobeless, Alan Gilbert, Robert Rehe, Robert Duncan, Ken Trumpore, Sam Hoagland, Mike Rahill, Justin Lijo, Mark Gaffney Also In Attendance: Attorney: William Haggerty Engineer: John Ruschke Zoning Officer: Bill Donegan Board Secretary: Ann Marie Bell MINUTES: Chairman Alan Gilbert asked for a motion to approve the minutes of December 2, A motion was made by Ken Trumpore and seconded by Robert Duncan to approve the minutes of December 2, MINUTES: Chairman Alan Gilbert asked for a motion to approve the minutes of December 16, A motion was made by Ken Trumpore and seconded by Robert Duncan to approve the minutes of December 16, Ayes: Mayor Petillo, Councilman Francis, Jobeless, Gilbert, Duncan, Trumpore, Hoagland, Rahill Abstain: Rehe 4

5 NEW APPLICATION: Michael Issa Block Lot Lakeside Blvd Due to inability to fly in for the 1/20/15 meeting, applicant requested a deferment until February 3, 2015 meeting without further notice. A motion was made by Sam Hoagland and seconded by Robert Rehe to defer the application to February 3, 2015 without further notice. Mayor Petillo and Councilman Francis recused themselves. Allen Hutchins Block Lot 4 40 Northwood Rd Allen Hutchins, property owner and Kenneth Fox, Architect and Planner for the applicant were sworn in by Board Attorney Haggerty. Mr. Hutchins stated that he would like to build a two car garage with loft storage above it. He is also seeking a use variance for an apartment in an existing garage which they have already been paying taxes on but were never formerly approved by the Land Use Board. Two additional auxiliary buildings were identified during the process which are also on the lot, one being pulled back onto the property. Mr. Fox shared Exhibit A-1 As Submitted plans, which were accepted into testimony, detailing the entire 25 acre property area showing the existing main house and garage and the additional out buildings on the property. Mr. Trumpore questioned the property owner regarding plumbing and heating in the garage structures. The property owner stated that they may place heat in the garage but will not have plumbing. Mr. Ruschke questioned the health department records to ensure they reflect the addition of the one-bedroom apartment. The property owners stated that they would look into it. 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 Robert Duncan to approve the application and use and other applicable variances and recognizing the concerns of Mr. Trumpore and Mr. Ruschke. Ayes: Jobeless, Gilbert, Rehe, Duncan, Trumpore,, Lijo, Gaffney Mayor Petillo and Councilman Francis return to the Board. James & Barbara Perrin Block Lot Maxim Drive Thomas Steinmacher, son of the property owner, was sworn in by Board Attorney Haggerty. Mr. Steinmacher stated that they had an existing building on lot 11 and removed it to consolidate the two lots. Mr. Steinmacher stated that they want to place a pole barn on the property. Board members stated their concern regarding the topology of the property and that a pole barn may not be suitable. Board Member indicated concern regarding the plans not showing the proper 5

6 elevation of the property. Additional Board members comments were that they would like to see more detail of the architecturals on the building showing doors, windows, veneer material, etc. Board members also stated the setback concern as to the ability to pull a foot vehicle into and out of the property. Mr. Ruschke stated that the applicant should show more detail, placement of the building, architecturals and a lot grading plan should also be provided. Mr. Haggerty questioned the acquisition of the additional lot and if all ownership property paperwork was completed joining the lots. Mr. Steinmacher stated that the old building was removed approximately 4 months ago and properties joined. 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 Ron Jobeless to continue the application until the February 17, 2015 meeting, without further notice. Board members stated that the applicant should provide additional detail for elevation, lot grading and architecturals. Plans should be submitted to the Board Secretary 10 days prior to the meeting, being February 6, OPEN TO THE PUBLIC: board. There being no one from the public, the meeting went back to the Chet Sieka Block Lot Wills Avenue Chet Sieka, property owner, was sworn in by Board Attorney Haggerty. Mr. Sieka stated that he would like to build a 24x24 garage in place where a pool once existed. The garage would be flush with the front of the house structure with the same aesthetic style as the home. Chairman questions the cover patio that was not on the original site plan. Property owner stated that it is a free standing detached pavilion sitting on a patio. Board member questioned if a road opening permit would be required as the property was on a county road. The property owner stated that there is an existing driveway and that no additional curb cuts would be required. OPEN TO THE PUBLIC: board. There being no one from the public, the meeting went back to the A motion was made by Councilman Francis and seconded by Ron Jobeless to approve the application. A motion was made by Sam Hoagland and seconded by Mayor Petillo to approve a Waiver of Memorialization on the application. 6

7 RESOLUTION: Hearing Date Shirley Nelson Block Lot 9 12/16/14 Yong Jin Kim/Sam s Cleaners Block Lot 3 12/16/14 A motion was made by Robert Duncan and seconded by Ken Trumpore to approve the Resolution for Shirley Nelson from December 16, Ayes: Mayor Petillo, Councilman Francis, Jobeless, Gilbert, Duncan, Trumpore, Hoagland, Rahill Abstain: Rehe A motion was made by Sam Hoagland and seconded by Robert Duncan to approve the Resolution for Yong Jim Kim/Sam s Dry Cleaners from December 16, Ayes: Mayor Petillo, Councilman Francis, Jobeless, Gilbert, Duncan, Trumpore, Hoagland, Rahill Abstain: Rehe CORRESPONDENCE (for information only/no action by the Board) December 30, 2014 NJ Transit Re-notice to adjacent property owners & municipalities of NJDEP, LIRP Filing for Individual Flood Hazard Area Permit, Fresh Wetlands Permit and Special Activity Transition Area Permit Mayor Petillo mentioned that the Borough and some residents in Hopatcong did not receive the original notice and was now receiving a Re-Notice. The Mayor was also contacted by a resident who is against the project. January 12, 2015 NJDEP/Atkins Hopatcong Corp, Letter of Interpretation/ Resource Value Classification Modification. 45 day finding study for indications of an active bald eagles nest. Mayor Petillo reported that she met with a biologist that was watching the nest and the Biologist saw two eagles in the nest but determined that it was a resting nest not a nesting nest. She also reported that Atkins requested a deferment of its outstanding allocation sewer fees until it is determined that they can proceed with the project. 7

8 ESCROW REFUND: (for information only/no action by the Board) Kenneth Trumpore Block Lot 51 $ Xheladin Leka Block Lot 6.03 $ Frank Scalley Block Lot 13 $ Lisa Lothian Block Lot 24 $ Joseph Justin Block Lot 2 $ Georgette Scholl Block Lot 1 $ BILLS: DOLAN & DOLAN Inv Aciu Block Lot 8 $ Inv Atkins Block Lot 38 $ Inv Atno/Swanson Block Lot 11 $ Inv Cavano Block Lot 5 $ Inv Gen l Svcs, Mtg Attendance 11/18/14, 12/2/14 $ 1, Inv Gonzalez Block Lot 4 $ Inv Greentree III Block Lot 11 $ Inv Gen l Svcs, Highlands Meeting $ Inv Gen l Svcs, Master Plan $ Inv Mullis/Northwood Block Lot 1A $ Inv Nelson Block Lot 9 $ Inv Pocsik Block Lot 11 $ Inv Radziwon Block Lot 14 $ Inv Sam s Cleaners Block Lot 3 $ Inv Jianan Wang Block Lot 2 $ HATCH MOTT MACDONALD Inv.IV GreenTree Block Lot 3 $ 1, Inv.IV GreenTree III Block Lot 11 $ 2, Inv.IV Meeting Attendance-Nov 18, Dec 2, 2014 $ NEW JERSEY HERALD Inv Meeting Change Notice $ Inv GreenTree III Block Lot 11 $ 9.00 Inv Gonzalez Block Lot 4 $ 8.40 Inv Pocsik Block Lot 11 $ 8.10 A motion was made by Councilman Francis and seconded by Robert Duncan to approve the payment of bills for January 20,

9 OPEN TO THE PUBLIC: Joseph McKeon, Professional Towers Development LLC, 106 Randolph Avenue, Block 10712, Lot 65, received variance approvals on May 13, 2013 and due to personal family illness issues he is requested an extension of time. Mr. Haggerty stated that the applicant currently has 2 years and should request an extension, under the Permit Extension Act, in December Mr. McKeon requested an appearance on November 17, 2015 and asked that the Secretary remind him of the hearing date. There being no one from the public, the meeting went back to the board. OLD BUSINESS: 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 discussed and reviewed the ordinance prepared by Mr. Haggerty. It was discussed to recommend the Ordinance for introduction to the Hopatcong Board of Health and/or the Hopatcong Mayor/Council. A motion was made by Robert Rehe and seconded by Ron Jobeless to recommend the Septic Code Ordinance for introduction to the Hopatcong Board of Health and/or the Hopatcong Mayor/Council. Ayes: Jobeless, Gilbert, Rehe, Duncan, Trumpore,, Lijo, Gaffney Abstain: Mayor Petillo, Councilman Francis Susan Pocsik, Block Lot 11 & 12, Lot Line Adjustment Deeds of Subdivision Review and Approval. Mr. Haggerty and Mr. Ruschke reviewed the Deeds and stated that the Land Use Board Chairman and Secretary can sign the Deeds and forward onto the Applicants Attorney. EXECUTIVE SESSION (8:35pm) A motion was made by Mayor Petillo and seconded by Councilman Francis to go into Executive Session to discuss possible litigation. REGULAR MEETING CONTINUED at 8:55pm OLD BUSINESS (Cont d) Hopatcong Center Plan discussed the expansion of the Hopatcong Center Plan to include the Redevelopment Area of Lakeside Blvd corridor. Board members discussed the deficiencies in the Hopatcong Center Plan to date and discussed if they need to be correct with the current planner. The Board members stated that they would like 9

10 to have a settlement letter sent to Heyer, Gruel and Associates prior to expanding on the current Center Plan. The deficiencies would still need to be addressed and the Board would like to ensure that there are sufficient funds available to complete all the required tasks. Mr. Haggerty would draft a settlement letter to Heyer, Gruel and Associates. NEW BUSINESS: Chairman Gilbert and Mayor Petillo stated that Drew University completed a study on the Docks on Lake Hopatcong. It was funded by the Lake Hopatcong Foundation and part of the study addressed the length of docks. Mayor Petillo shared the January 2015 Article in the NJ League of Municipalities Magazine which highlighted the Hopatcong Redevelopment Efforts on Pages Mr. Donegan shared the new Foundation Location Modification survey for the Greentree property. Minor modifications one the survey was noted for the small bump outs. Mr. Donegan stated that he did not have any problems with the modification and approved the plan. 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 9:03 p.m. Ann Marie Bell, Land Use Board Secretary 10