Sandyston Township Planning Board Meeting

MINUTES

SANDYSTON TOWNSHIP PLANNING BOARD MEETING September 10, 2012

Mr. Utter called the meeting to order. This meeting has been duly advertised and meets all requirements of the Open Public Meetings Act.

Present: Fred MacDonald John deJager Joe Pinzone Marc Cunico Ron Green Ed Ibsen Raj Sinha Wes Powers Keith Utter

Absent: George Harper Mike Milligan

Also Present: Glenn Gavan, Esq.; Board Attorney

APPROVAL OF MINUTES:

The minutes of the August 6, 2012 Regular Meeting were reviewed. A Motion was made by Mr. Green and seconded by Mr. Pinzone to approve. Mr. Cunico & Mr. deJager abstained. All other members approved. The Motion was carried.

APPROVAL OF VOUCHERS:

A Motion was made by Mr. Pinzone and seconded by Mr. Cunico to approve the following vouchers for payment:

Harold E. Pellow & Associates, Inc. Inv. 55654 8/2/2012 (#02-2012 YMCA Cabin Replacement) $ 480.00

Roll Call: Mr. MacDonald, yes; Mr. deJager, yes; Mr. Pinzone, yes; Mr. Cunico, yes; Mr. Green, yes; Mr. Ibsen, yes; Mr. Sinha, yes; Mr. Powers, yes; Mr. Utter, yes. The Motion was carried.

APPLICATIONS:

There were no new applications.

CORRESPONDENCE:

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

1. Letters dated August 6, 2012 and August 22, 2012 from Kevin D. Kelly regarding Syncarpha TY, LLC 2. Notice of Vacancy on the Board of Supervisors Sussex county Soil Conservation District 3. Copy of letter from County of Sussex to YMCA of Newark noting site plan for Block 501, Lots 1,7,8, & 14.02 is exempt from County Planning Board review 4. Copy of letter from John deJager to Mr. Enrico Brex regarding COAH fees for Block 1103, Lot 8.03 Page 2 September 10, 2012 Planning Board Minutes

RESOLUTIONS:

YMCA of Newark & Vicinity, Camp Linwood-MacDonald Preliminary & Final Site Plan Block 501, Lots 1, 7, 8 & 14.02 #02-2012

A motion was made by Mr. Powers and seconded by Mr. Green to approve the preliminary and final site plan with waivers and conditions as stated in Mr. Simmons report. Roll Call: Mr. MacDonald, yes; Mr. deJager, abstain; Mr. Pinzone, yes; Mr. Cunico, abstain; Mr. Green, yes; Mr. Ibsen, yes; Mr. Utter, yes; Mr. Sinha, yes; and Mr. Powers, yes. The motion was carried.

OTHER BUSINESS:

Ariben Realty, LLC Block 702, Lot 12 222 Route 206 (property formerly known as The Apple Pit)

As the attorney for Ariben Realty was not present, Mr. Gavan stated that he had spoken with the attorney and Mr. Robert Reddan, representing owner, was still under oath and may continue with his explanation of current status of the property. Mr. Reddan explained that there is a signed contract with one-third paid for paving the parking lot which will be done Tuesday, September 11th with striping being done in the afternoon or the following day.

Classic Welding moved out and a new tenant Charles Swartz, Cabin Creations by Marina, which occupies approximately 4,000 sq. ft. leaving the building about fifty percent occupied. Mr. Swartz was sworn in by Mr. Gavan. Mr. Swartz stated his business is a retail furniture store whose specialty is American-made rustic log furniture and some recycled plastic Adirondack-style outdoor furniture. No construction is done at the building, just a little repair work; space is mostly showroom, some warehouse and office space. The welding supply store (Awisco) is still in the building and staying. The former Apple Pit space and welder space remain empty.

Board questions followed: With regards to the posting of the bond, the majority of the previous bond was for the paving. It was unknown as to how much would be outstanding after the paving is completed. Ariben has been paying the premium annually and it is due to expire in October. Previous owner, Colin Aeberli initiated the bond and it has just been continued. Mr. Gavan indicated Ariben should keep the bond active until they have contacted the Board Engineer, Dave Simmons to determine what has been done, what hasn’t been done and what is cleared. Mr. Gavan stated that Mr. Simmons will need to inspect, report to the Board and he can release the bond on his own and see what else has to be done. Is there any landscape issues? Mostly paving, some drainage pipe collapse and retention/overflow basin issues, may have been corrected. Ariben should check with the Board Engineer to confirm the status of this situation.

Mr. Gavan stated that Ariben was to post a new bond present proof of issuance. Michael J. Sweeney, Esquire, Ariben’s attorney arrived and responded. Mr. Sweeney stated that in November 2011 it was determined that there were two areas of work to be done. Mr. Gavan read from the November resolution “the applicant will Bond for any improvements either in Phase One or Two not completed on December 2, 2011. The board engineer will inspect the site on this date and provide an adequate Bonding amount which must be bonded by the applicant.” Mr. Sweeney stated that when use of the second area necessitated use that is when they would come back before the board and when the timeline for completion of those areas would be discussed. Mr. Gavan restated that it is clear in the final resolution that whatever was not completed by December 2, 2011 would be bonded for. Mr. Sweeney said if it is the intention of the board to adhere to the resolution, his client requests that the board reconsider that aspect of the resolution as it relates to the second area, behind the building and to the rear in which there is absolutely no intention, immediate or in the foreseeable future based on lack of activity and it is totally economically unfeasible to do the scope of work that was envisioned and presented to the board in early 2000’s. Page 3 September 10, 2012 Planning Board Minutes

Phase two was originally clearing of the land and planting an orchard. Most of the land has been cleared and stumped.

Mr. Sweeney said when the applicant appeared before the board they knew with Phase one they could not do all the work immediately anyhow. They thought Phase one paving would have to be done in the spring and this paving is part of Phase two.

Mr. Gavan stated that Phase one and Phase two of the resolution is depicted in Mr. Campbell’s plan of October 2011 (no copy available at the moment), it is what Ariben described it to be and we indicated they would have to bond for whatever was not done by December 2, 2011. Since there is some question about what Phase one and Phase two entails, it is suggested that before we consider waiving any requirements, Mr. Reddan and Mr. Sweeney should speak with our engineer.

Mr. Utter summarized the current situation. Phase one is the front, Phase two is the side and rear. The bond was supposed to be posted and it wasn’t. The Township took Ariben to court and that is why they are here tonight. Paving is being done tomorrow. Mr. Simmons is to be contacted to inspect and report on what exactly should be bonded. Drainage structure damage must be repaired. Ariben should return next month with updated information and a commitment for what will be done.

Mr. Sweeney indicated one of the largest problems of the site plan approval is that Phase two encompasses pipe replacement but also includes a large scope of paving and other work-- overflow parking to the right of the building and the back-- which was not anticipated in the foreseeable future.

Mr. Gavan said it is apparent that the original plan approved for Colin Aeberli is nowhere near the current owner’s intentions and expectations. He suggested Ariben fix the drainage, complete the paving, contact Dave Simmons and have him sign off on items in his report which would reduce the amount of the bonding required and present a modified final site plan at next month’s meeting.

Mr. Utter reminded Ariben that they are to notify Sandyston Township of any new tenant according to the resolution of November 2011.

PUBLIC PARTICIPATION:

This meeting was opened to the public.

Steven Wagner, owner of Chili Dog & Dairy in Montague, stated he is looking to occupy rental space in Sandyston Plaza. He wanted to know what obligations of the owner are as he expected Mr. Shi to be here tonight as well. Mr. deJager indicated that each unit will be issued a Certificate of Occupancy as needed. Mr. Shi still needs to complete site plan requirements. He has installed railings, but landscaping is not completed. A copy of a landscaping plan was brought in to Mr. deJager, but no work has been started. The Sussex County Board of Health would inspect before Sandyston Township would issue food handlers license. Mr. Wagner questioned whether he would be able to have his smoker (portable trailer) on the property. Mr. deJager said SCBOH sets requirements for interior fit-out needs for any food handling business. Mr. Gavan stated that we cannot tell any type of restaurant they are not allowed.

The meeting was closed to the public.

OTHER BUSINESS

1. MINOR SITE PLAN REVIEW COMMITTEE Mr. Gavan suggested that any new business/commercial tenant in the Township come before the Minor Site Plan Review Committee for a brief meeting and approval or determination of variance required. Discussion followed regarding the merits of such a procedure.

2. REQUEST FOR EXTENSION Application #10/2007 - Private Road and C Variance Block 503, Lot 9 Page 4 September 10, 2012 Planning Board Minutes

Tim and Nadine Lyons faxed request for additional one year extension of approval. A motion was made by Mr. Cunico and seconded by Mr. Green to approve the requested one year extension. Roll Call: Mr. MacDonald, yes; Mr. deJager, yes; Mr. Pinzone, yes; Mr. Cunico, yes; Mr. Green, yes; Mr. Ibsen, yes; Mr. Sinha, yes; Mr. Powers, yes; and Mr. Utter, yes. The motion was carried.

3. CLOTHING BINS Mr. Gavan requested Board members email any comments or suggestions on the ordinance to him for review and draft of final ordinance.

4. ALTERNATIVE ENERGY SOURCES Mr. Gavan requested Board members email comments or suggestions to him on this ordinance for further discussion.

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