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Joint Land Use Board
MEETING MINUTES
August 26, 2020
7:30p.m. VIRTUAL MEETING
8.26.20 JLUB Meeting
Call to Order
Chairman Tom Kimball called the August 26, 2020 Joint Land Use Meeting
to order at 7:30pm.
Flag Salute
Statement – Provisions of the Open Public Meetings Act
“The provisions of the Open Public Meetings Act have been met.
Notice of this meeting has been transmitted to the Burlington
County Times and the Courier Post, given to those having requested and
paying for the same and posted on the bulletin board in the foyer of the
Municipal Building “
Oaths of Office for Class IV and Alternate #1
State of New Jersey Notary Public Alexandra DeGood did Oaths of Office
for Russ Comisky Class IV Member and Wayne Voorhees Alternate #1
Roll Call for Attendance
In attendance: Russ Comisky, Jim Durr, Ron DeBaecke, Joe Greene, Debbie
Kucowski, Patricia Mellor, Jack Smylie, Wayne Voorhees, Greg Grauer, Tom
Kimball
Absent: Brendan O’Donnell
Also In Attendance: Kelsey Anthony Esq fill in Board Attorney and Joseph
Hirsh Board Engineer
Minutes for Approval
·
July 22,2020
Greg Grauer made a motion to approve the July 22, 2020 Minutes. Motion
was seconded by Tom Kimball. All in Favor.
Due to the Applicant for Application 2020-08 having technical
difficulties. The Mellor-Ownens Extension for Resolution 2020-06 was
called up and The Estate of Marguerite Southard will be revisited after.
Mellor-Owens Extension for Resolution 2020-06
Keith Owens owner of Block 604.03 Lot 2 and 5 was sworn in by Kelsey
Anthony Esq. Mr. Owens stated they are almost done their subdivision but
due to issues working with the Burlington County Planning Board they are
seeking an extension for their approval. Chairman Tom Kimball opened the
floor to public comment. Being no public to comment Greg Grauer made a
motion to close public comment. Motion was seconded by Tom Kimball. All
in favor. Jim Durr made a motion to approve a 1 year extension on the
approval granted in Resolution 2020-06. The motion was seconded by Ron
DeBaecke.
Roll Call:
Application 2020-08- Variance and Minor Subdivision Application- Estate
of Marguerite Southard-158 and 162 Monmouth Road; Block 400
Lot 57.01 & 57.02
David Forsyth representing the Estate of Marguerite Southard was sworn
in by Kelsey Anthony Esq. Mr. Forsyth stated that he had been in front
of the board in 2016 for the exact same application, however they had
exhausted all extensions allowed under Municipal Land Use Law due to
issues settling the estate. The issues settling the estate prohibited
Mr. Forysth executor of the Estate of Marguerite Southard to file the
Deeds for the subdivision. Mr. Forsyth is asking for
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Chairman Tom Kimball opened the floor to public comment. Being no public
comment Greg Grauer made a motion close public comment. Motion was
seconded by Tom Kimball. All in favor. Jim Durr made a motion to approve
variances and minor subdivision for Block 400 Lot 57.01 and 57.02.
Motion was seconded by Tom Kimball.
Roll Call:
Amendment to the Housing Element & Fair Share Plan of the North Hanover
Township Master Plan and to include therein an Affordable Housing Trust
Fund Spending Plan Discussion
Michelle Lamar of CGP&H gave an overview of Affordable Housing in North
Hanover Township and the Housing Element & Fair Share Plan. All
information Ms. Lamar discussed is located in the North Hanover Township
Housing Element and Fair Share Plan. Ms. Lamar stated that if the board
approves the amendment it will then be reviewed and approved by the
Court Master.
Tom Kimball stated that it is an updated to what we the one approved in
2008 and we are looking to make sure it is consistent with our Master
Plan. Kelsey Anthony Esq.
stated that the board has the option to approve the Amendment via
Resolution. The board will make a motion to accept the amendment then
approve it via resolution.
Chairman Tom Kimball opened the floor to public comment. Being no public
comment Greg Grauer made a motion to close public comment. Motion was
seconded by Ron DeBaecke. All in favor. Jim Durr made a motion to accept
the amendment. Jack Smylie seconded the motion.
Resolution 2020-12- Resolution adopting amendments to the housing
element & fair share plan of the North Hanover township master plan in
accordance with n.j.s.a. 40:55d-28
NORTH HANOVER TOWNSHIP
JOINT LAND USE BOARD
RESOLUTION 2020 - 12
RESOLUTION ADOPTING AMENDMENTS TO THE
HOUSING ELEMENT & FAIR SHARE PLAN
OF THE NORTH HANOVER TOWNSHIP MASTER PLAN
IN ACCORDANCE WITH N.J.S.A. 40:55D-28 AND INCLUDING THEREIN
BOTH A SPENDING PLAN AND AFFIRMATIVE MARKETING PLAN
WHEREAS, the Joint
Land Use Board for the Township of North Hanover has previously adopted
a Master Plan for the Municipality; and
WHEREAS, said Master
Plan contains a Housing Element in accordance with the provisions of
N.J.S.A. 40:55D-28; and
WHEREAS, the
Township’s previous Housing Element & Fair Share Plan is dated December
17, 2008, and was substantively certified by the New Jersey Council on
Affordable Housing on May 14, 2009; and
WHEREAS, subsequent
thereto, the Township of North Hanover filed a Complaint for Declaratory
Judgment in June, 2015, seeking a determination that it was in
compliance with the requirements of the Fair Housing Act; and
WHEREAS, the Township
entered into a settlement agreement with the Fair Share Housing Center
(FSHC) in 2016; and
WHEREAS, said
settlement agreement was amended on May 4, 2017, at which time the
Honorable Ronald Bookbinder, Assignment Judge of the Superior Court,
Burlington County, issued an Order adopting the findings and
determination of a Special Court Master, which approved the Mount Laurel
Settlement Agreement and the first amendment thereof, and required the
Township to further amend and revise its’ third round Housing Element &
Fair Share Plan to conform with the requirements of said Master’s
Report; and
WHEREAS, as a result,
the Township Planning Board has duly considered the proposed amendment
to the Housing Element & Fair Share Plan of the Municipality and the
inclusion therein of both a new Spending Plan and new Affirmative
Marketing Plan as set forth in a report dated August, 2020, of David
Gerkins, P.P., AICP; and
WHEREAS, a public
hearing was held before the North Hanover Township Joint Land Use Board
with respect to said plan amendment on August 26, 2020; and
WHEREAS,
in addition to the plan amendments, said plan will now include an
Affordable Housing Trust Fund & Spending Plan, as well as an Affirmative
Marketing Plan as an appendice to said Master Plan, along with other
various Ordinances and Resolutions to be adopted by the Governing Body
of the Township of North Hanover; and
WHEREAS, following
the conclusion of the public hearing, the North Hanover Township Joint
Land Use Board determined that the proposed amendments and appendices to
be included in the Township’s Amended Housing Element & Fair Share Plan
of its’ Master Plan is consistent with the Township’s prior settlement
agreement and Order of Judge Bookbinder, and is further consistent with
the Court Master’s Report of April 24, 2017; and
NOW THEREFORE BE IT RESOLVED
on this 26th day of August,
2020, by the North Hanover Township Joint Land Use Board, that the Board
hereby adopts the Housing Element & Fair Share Plan Amendment to the
North Hanover Township Master Plan, including all appendices attached
thereto, including the new Spending Plan and Marketing Plan, as set
forth in the August, 2020, report of David Gerkins, P.P., AICP, and
which report is attached hereto and incorporated herein; and
BE
IT FURTHER RESOLVED
that a copy of this Resolution be forwarded to the following:
1.
North Hanover Township Municipal Clerk;
2.
David Gerkins, P.P., AICP;
3.
Mark Roselli, Township Attorney;
DATE ADOPTED: August 26, 2020
DATE MEMORIALIZED: August 26, 2020
Ordinance Compatibility Review with Master Plan
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2020-08- An Ordinance of the Township of North Hanover, County of
Burlington, State of New Jersey, Amending the General Code of the
Township of North Hanover by Repealing and Replacing Chapter 8, Section
8-070 of the Code of the Township of North Hanover Entitled “Development
Fees; Low and Moderate Income Housing” and all Amendments and Revisions
Thereto
·
2020-09- An Ordinance of the Township of North Hanover, County of
Burlington, State of New Jersey, Amending the General Code of the
Township of North Hanover by Repealing and Replacing any Portion of the
Township Code and/or Previously adopted Ordinances Pertaining to,
Addressing or Providing for “Affordable Housing Regulations” to Address
the Requirements of the Fair Housing Act and the Uniform Housing
Affordability Controls (UHAC) Regarding compliance with the Township’s
Affordable Housing Obligations
Board Member Jack Smylie stated he had questions on the “Development
Fees”. The board discussed the fees put in place by the Ordinance
2020-08. Board Member Ron DeBaecke asked if the fees were increased or
the same. It was stated these fees are the same and currently being
collected by the Township.
Chairman Tom Kimball opened the floor to public comment. Motion to close
public comment was made by Greg Grauer.
Motion was seconded by Ron DeBaecke. Jim Durr made a motion to find
Ordinance 2020-08 Compatible with the Master Plan. Motion was seconded
by Tom Kimball.
Jim Durr made a motion to find Ordinance 2020-09 Compatible with the
Master Plan. Motion was seconded by Tom Kimball.
Roll Call:
Chairman Tom Kimball asked the Board Secretary to send a memo to the
Township Committee stating the Joint Land Use Board has found Ordinance
2020-08 and 2020-09 compatible with the Master Plan. Board Secretary
said she will draft the memo and send it to the Township Clerk for the
Township Committee.
Public Comment
Chairman Tom Kimball opened the floor to public comment. Being no public
in attendance to comment Ron DeBaecke made a motion to close public
comment. Tom Kimball seconded motion. All in Favor
Board Discussion
Chairman Tom Kimball opened the floor to board discussion. Ron DeBaecke
Congratulated Russ Comisky on his moving to Class IV member and welcomed
Wayne Voorhees to the board as our new Alternate #1. Greg Grauer made a
motion to close board discussion. Tom Kimball seconded the motion. All
in Favor
Correspondence- NONE
Adjournment: 8:18
Ron DeBaekce made a motion to
adjourn. Tom Kimball seconded the motion. All in favor.
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