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JEFFERSON TOWNSHIP PLANNING BOARD

JEFFERSON TOWNSHIP PLANNING BOARD

TUESDAY, SEPTEMBER 12, 2006

Minutes of a Regular Meeting of the Jefferson Township Planning Board, pursuant to due notice and in compliance with the Sunshine Law.

Municipal Building, Jefferson Township, at 8:00 PM.

 

Presiding:            Chairman Williams

Secretary:            Joanne Meyer

 

Present:                                                Also Present:                                                Absent:

 

Councilwoman Merz                            Glenn Kienz, Board Attorney                      Mr. Marthens

Mr. Mikowski                                      James Coe, Board Engineer         

Vice Chairman Hartery (8:05)                Jill Hartmann, Board Planner            

Chief Palko

Mayor Felter

Mr. Mitchko

Mr. Deutsch (8:05)                                                                            

Mr. Hine

Chairman Williams

 

REGULAR MEETING:

 

COMPLETENESS:

 

Lakeland Properties, LLC                         No. 06-05        Block 260.01, Lots 16 & 17

                                                                                                215 Route 15 South

                                                                                                Minor Site Plan

 

            Ms. Hartmann stated all the required information has been submitted and the committee recommends the application be deemed complete and be heard this evening.

 

            Mr. Mikowski moved to hear the application tonight.  Mr. Mitchko seconded the motion.

 

In Favor:            All.

 

APPLICATIONS:

 

Lakeland Properties, LLC                         No. 06-05        Block 260.01, Lots 16 & 17

                                                                                                215 Route 15 South

                                                                                                Minor Site Plan

 

            Mr. Robert Minogue, Esq., represents the applicant is present.

 

            Mr. John Davieau, applicant, is present and sworn in.

 

            Mr. Minogue stated his client purchased this property approximately two years ago.  It was vacant when he purchased it.  They have cleaned up the property extensively.  They have put on new siding, roof, windows, repainted the interior, repaved the parking area, put in new heating and air conditioning and now are ready to go.  They got a tenant and were told by the building department that since the previous use was residential, even though it is in an office zone, they had to get planning board approval.  We have requested some waivers that have been approved and the other items on the site plan checklist have been placed on the plans.

 

            Mr. Kienz stated as a result of our engineer and planner?s review, there are a couple of outstanding issues and those involve some landscaping and lighting.  There is an additional lighting pole that is needed on the site.

 

            Mr. Minogue stated Ms. Hartmann submitted her review letter to me and she indicated she wanted a landscaping and lighting plan.  We will contact our engineer to prepare these plans and have them contact Ms. Hartmann and Mr. Coe.

 

            Mr. Kienz asked if they were in agreement with anything else that was in Ms. Hartmann and Mr. Coe?s reports.

 

            Mr. Minogue stated the only thing in Ms. Hartmann?s report to discuss is any signage proposed.  Our tenant is going to do that independently and he already has the application in for that.

 

            Mr. Kienz stated if it is a freestanding sign it may require an appearance before the board.  He suggests they submit the sign detail with the lighting and landscaping information.

 

            Mr. Coe stated in his letter he said there should be at least one handicap parking space provided.  He also questioned access into the building.  If this is going to be used as an office building it has to conform to the ADA requirements.  It is unclear where the front entrance to the building is going to be.

 

            Mr. Robert Davieau is present and sworn in.

 

            Mr. R. Davieau stated he spoke with the tenant and the tenant indicated to him the entrance will be off the deck not off the entrance that goes off the sidewalk facing Route 15.  It would be closest to the parking area.

 

            Mr. Coe stated one thing not in my letter is that this is two lots.  There is lot 17 and lot 16.  The lots should be combined.

 

            Mr. R. Davieau stated we receive one tax bill for the two lots.

 

            Mr. Kienz asked if the applicant has any problem meeting the requirements in Mr. Coe or Ms. Hartmann?s reports.

 

            Mr. R. Davieau stated no.

 

Chairman Williams opened the meeting to the public.

            There being no comments the public portion is closed.

 

            Mr. Kienz stated the board could grant minor site plan approval subject to the 5 or 6 items discussed.  They could also authorize the tenant to occupy the building.

 

           

                        Councilwoman Merz moved to approve the application with the conditions they submit a landscaping, lighting and signage plan and meet the requirements listed in the engineer and planner?s reports.  Mr. Mikowski seconded the motion.

 

In Favor:            Councilwoman Merz, Mr. Mikowski, Chief Palko, Mayor Felter, Mr. Mitchko, Mr. Hine, and Chairman Williams.

 

DISCUSSION:

 

Lyczkowski letter dated August 23, 2006 regarding wall location.

 

            Mr. Bruce Braender, Jr., Esq. representing the McNulty?s is present.

 

            Mr. Michael Lyczkowski is present.

 

            Mr. Lyczkowski stated when he came in for the building permits Mr. Coe told him the wall is not where it should be.  He did not know that because Mr. Coe was there, the road department was there, the engineering department from Morris County was there and his engineer was there.  The wall is in the McNulty?s property.  The site distance is, according to Morris County engineers, not what was on the plan, but is sufficient.  Mr. Coe stopped the permit issue because of this problem.

 

            Mr. Kienz asked who constructed the wall.

 

            Mr. Lyczkowski stated the contractor did the wall.

 

            Mr. Kienz stated there were plans and the wall was constructed and it is his understanding that the wall was not constructed in accordance with the plans that were submitted.

 

            Mr. Coe stated that is correct.  There were two plans for the wall.  There is one plan called ?Wall B? location, which put the wall on the right-of-way boundary.  That is where the wall is.  The plan that was approved had the wall clearly in a different location.

 

            Mr. Kienz stated the wall was approved as Plan A.  It was constructed as Plan B.  If in fact it needs to be to Plan B a formal application would need to be submitted for something.  The only jurisdiction the board has is to deal with Plan A.

 

            Mr. Braender stated we don?t want anything else done.  He doesn?t think the board would consider this a de minimis exception and rule on it.  They just want full revised plans and application for the wall to be left where it is.

 

            Mr. Coe stated he disagrees with that.  It was approved in Plan A.  This gentleman just said he wants a new application if it is built where it was supposed to be built.  He wants a new application if the wall is going to stay where it is.

 

            Mr. Lyczkowski stated he received a letter from Morris County engineer and he stated he has no problem with the wall as it is.

 

            Mr. Kienz stated that is not the issue.  The issue is this municipality approved it in location A and it has been erected in location B.

 

            Mr. Lyczkowski stated nobody said anything when the foundation was being built, nobody said anything when we put in the re-bars and poured the wall.

 

            Mr. Coe stated there is some correspondence in the file where he pointed out when the excavation was done and he visited the site that more excavation was needed to be done to get the wall in the right place.

 

            Mr. Kienz stated the board is not in the position tonight to approve the location of the wall in location B.  If you submit an application for the wall in location B, maybe the board would approve it, maybe they won?t.

 

            Mayor Felter stated just brining in the application is not enough.  We are going to have to see traffic study stating the sight distance is okay.

 

            Mr. Kienz stated if the wall were to go back to the location that was on the approved plans, the board is not getting involved.  It then becomes a private matter.  Right now it is a safety issue and a compliance issue.

 

Sign Ordinance:

 

            Ms. Hartmann stated Mr. Cohen has the ordinance and he is redesigning it to fit into our existing ordinance.  We did endorse it and it is in the council?s hand.

 

            Mayor Felter stated it is on the agenda for the council to discuss tomorrow.

 

            Ms. Hartmann stated he had a concern that we were making directional signs and small signs to have to come back to the planning board and have to do the whole application process, but the reason we all got involved with this was because of the various signs that nobody likes.  She would prefer to err on the side of being too conservative in making people come back before the board as opposed to being too liberal and having a signs the board does not like.  It protects the township.

 

RESOLUTIONS:

 

Castro                                                               No. 06-09        Block 506, Lot 3

                                                                                                19 Laurel Drive

                                                                                                Minor Subdivision

 

            Mr. Mitchko moved to approve the resolution.  Mr. Mikowski seconded the motion.

 

In Favor:            Councilwoman Merz, Mr. Mikowski, Vice Chairman Hartery, Mayor Felter, Mr. Deutsch, Mr. Mitchko, Mr. Hine, and Chairman Williams.

 

APPROVAL OF MINUTES DATED JULY 11, 2006:

 

            Mayor Felter moved to approve the minutes.  Mr. Mitchko seconded the motion.

 

In Favor:            All.

 

 

 

ADJOURNMENT:

 

            Chairman Williams moved to adjourn at 8:32 PM.

            Mayor Felter seconded the motion.

 

            In Favor:  All.

 

 

 

Respectfully Submitted by:

 

 

 

______________________________

Joanne Meyer

Secretary to the Planning Board


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