Minutes: February 22, 2017

Call to Order

Mr. Theobald called the meeting to order at 7:00 p.m.

Statement of Compliance

Pursuant to the Open Public Meetings Act, adequate notice of this regular meeting has been provided to the public and the press on January 16, 2017 by delivering to the press such notice and posting same at the municipal building and filed with the office of the Township Clerk.

Salute to the Flag

Mr. Theobald led the assemblage to the flag.

Mayor Shortway and Council Member Ooms are excused from the meeting as they are not able to hear the use variance application and Mr. Tadrick called informing he would not be present.

Public Hearings

LU# 9-16-8: Cellco Partnership d/b/a Verizon Wireless - Block 173, Lot 6, Preliminary and Final Site Plan with Use and Bulk Variances to Construct a Monopole with Concealment Branches

Mr. Kienz noted that the applicant is providing transcription of meeting testimony and discussion for record.

Application is carried to the March 8, 2017 meeting at 7:00 p.m. with no further notice needed and will be the second application on agenda.

Board took five minute recess at 8:30 p.m.

LU# 11-16-12: National Winter Activity Center - Block 192.02, Lot 25, - Preliminary/Final Site Plan with Use and Bulk Variances to Construct a Main Lodge Addition

Ms. Debra Nicholson, attorney for applicant, previously sworn in, noted witnesses will testify to clarify main purpose of the facility and explain need for variances including a parking plan and flexible operating schedule. Ms. Nicholson stated applicant met with the nearest neighbor, Ira, to address concerns and notes, business model of NWAC is not to have weddings, dances, or events with outdoor music and wants to be a good neighbor. Mr. Kienz asks Ira if applicant’s representation is correct and Ira agrees but reiterates groomer machine will not run before 7:00 a.m. or after 11:00 p.m. whenever possible.

Addison Adderly, project manager, Michael Pessolano, planner, Mario Iannelli, engineer are sworn in to testify. Deborah Cerbone, licensed architect previously sworn in, presents Exhibits A-1 and A-2, dated 12/15/2016 which shows elevations of main lodge and explains technical height relief requested as proposed height is 33.40 plus one foot extra for variations totals 34.40 which is 4.4 ft. over township ordinance.

Mr. Pessolano explains that the new addition is beneficial to existing use and is designed to be functional and notes added height will not create intensity of use as center is limited to 500 participants. Referring to Sheet 1 on A-3, four stories are proposed causing application to be a use variance as primary structure is not permitted in zone. Parking relief is also being sought and parking plan will be submitted which will serve busses and cars. Mr. Pessolano states signage relief is also requested as only one sign is allowed and proposed plans show two which will have no negative impact and doesn’t undermine township ordinance. He adds applicant is providing modernization of site and it addresses balance of enhancement and preservation which is vital to the community as a successful recreational resort.

Ms. Nicholson states witnesses will testify on parking plans which contain flexibility as applicant can’t predict how many cars or busses will be present on any given day. Mr. Iannelli adds plan will include different parking scenarios to accommodate vehicles and submits Exhibit A-4. Mr. Stoner explains any approval given by board and noted in resolution must give specific approvals for Vernon zoning officer to enforce. Mr. Malliet adds when special events occur, a temporary permit will require parking plan to accommodate increased vehicular traffic and confirms that striping of lot will be done as recommended by township engineer but may not be efficient. Ms. Nicholson adds applicant wants ability to park at upper lodge as needed for employees or handicap but confirms number of visitors will not be increased. Ms. Paladini questions why diffent parking plans are needed. Mr. Stoner adds a parking plan for regular operational days and one for special events.

Mr. Stoner also addressed stormwater requirement, operational septic system and grading. Ms. Nicholson states applicant will revise grading plans per township engineer’s comments, soil conservation approval will be obtained, all DEP requirements will be met, and septic has been inspected. She adds new addition will have sprinklers for fire suppression and notes hydrant will be operational year-round. Mr. Stoner will review and approve all revisions except for parking plan which needs to have board review and approve.

Ms. Apte asks how many free-standing signs are being proposed. Mr. Malliet explains there are two: one at the main entrance and one in parking lot near Curtis Drive. Discussion about directional sign on RT 515 determined approval was omitted in last year’s approval and is not on applicant’s property.

Ms. Nicholson requests a vote from board to authorized Mr. Kienz to create resolution to be voted on at next hearing and in interim will submit all required revised plans per engineer’s and planner’s comments. She adds applicant needs ability to park cars and busses during regular program offerings and will use parking attendants in interim and strip lots after final approval. Mr. Kienz explains to board the applicant is seeking temporary trial approval of parking plan until possibly April 1st, as a test run and notes this is not a final approval. Ms. Paladini states plan is acceptable but wants applicant to adhere to plan that is approved by board without it changing in future.

Mr. Theobald opened application to the public for comments.

Genevieve Dickennan, resident of Hidden Valley for 13 years, questions how proposed parking plan for NWAC will affect bus stops currently located there and where will parents be able to park as houses located up to a mile away. Mr. Stoner explained old maps gave rights of residents to use for bus stop and Mr. Malliet wants to accommodate and be a good neighbor but doesn’t want zoning officer to send violation for parents not parking in lines correctly. Mr. Kienz adds it should be discusses between board of education and NWAC.

Mr. Theobald closed application to the public.

Mr. Kienz stated motion will allow applicant from February 23 thru April 12, 2017 to test proposed parking plan on entire site as seen on Sheet C-01 and authorizes board professionals to monitor situation. Mr. Kienz asks applicant to address all engineer’s & planner’s issues and to submit revised plans including signage, parking management plan, facility uses and information about special events. Ms. Nicholson acknowledges application will need to be re-noticed and will confirm with tax assessor correct list required by land use law. Mr. Kienz stated that application will be carried to the April 12, 2017 meeting with new notice and requests extension of time from applicant which Ms. Nicholson grants extension and if meeting should be postponed, extension will be carried to then.

Motion: Andrea Cocula
Second: John Auberger
Roll Call: AUBERGER: Y; THEOBALD: Y; SPOERL: Y; COCULA: Y; ROLANDO: Y; PALADINI: Y; MCPEEK: Y.
Motion carried.

Public Participation

Mr. Theobald opened meeting to public, seeing no one, Mr. Theobald closed meeting to public.

Minutes

January 11, 2017: Regular Meeting Minutes (Auberger, Ooms, Spoerl, Tadrick, Cocula, Rolando, Paladini, McPeek, Whitaker)

Mr. Theobald asked for motion to approve minutes of January 11, 2017.
Motion: Jessica Paladini
Second: Richard Spoerl
Roll Call: AUBERGER: Y; SPOERL: Y; COCULA: Y; ROLANDO: Y; PALADINI: Y; MCPEEK: Y; WHITAKER: Y.

Appendix A: Escrows, Board Fees, Bond Reductions and Escrow Closures

Mr. Theobald asked for motion to approve fees.
Motion: Andrea Cocula
Second: Willard McPeek
All in favor. Motion carried.

1. Board Fees
   1. Board Attorney: Glenn Kienz, Weiner Lesniak LLP
      1. Land Use Board Business: Services through 1/31/17 ($1,200.00)
      2. NWAC: LU# 11-16-11 - Services through 1/31/17 ($864.00)
      3. NWAC: LU# 11-16-12 - Services through 1/31/17 ($288.00)
      4. Cellco/Verizon: LU# 9-16-8 - Services through 1/31/17 ($1,184.00)
      5. Kaching: LU# 10-16-9 - Services through 1/3/17 ($768.00)
      6. Waheguru Gas LLC: LU# 7-16-5 - Services through 1/3/17 ($752.00)
   2. Board Planner: Jessica Caldwell, J. Caldwell & Associates
      1. Land Use Board Business: Services through 1/11/17 ($416.50)
      2. NWAC: LU# 6-15-6 - Services through 1/24/17 ($529.50)
      3. NWAC: LU# 11-16-12 - Services through 1/9/17 ($1,122.50)
      4. NWAC: LU# 11-16-11 - Services through 1/11/17 ($238.00)
      5. Hans Gross: LU# 11-16-10 - Services through 1/4/17 ($230.00)
      6. Cellco/Verizon: LU# 9-16-8 - Services through 1/4/17 ($930.00)
      7. Waheguru Gas LLC: LU# 7-16-5 - Services through 1/13/17 ($174.50)
      8. HM GG LLC: LU# 1-17-1 - Services through 1/19/17 ($759.50)
   3. Board Engineer: Cory Stoner, Harold E. Pellow & Associates
      1. Land Use Board Business: Services through 1/11/17 ($375.00)
      2. MNA/Taco Bell: LU# 6-15-5 - Services through 1/20/17 ($144.45)
      3. NWAC: LU# 6-15-6 - Services through 1/16/17 ($255.10)
      4. NWAC: LU# 11-16-11 - Services through 1/12/17 ($1,229.10)
      5. NWAC: LU# 11-16-12 - Services through 1/9/17 ($1,111.20)
      6. Kaching: LU# 10-16-9 - Services through 1/26/17 ($187.10)
      7. Cellco/Verizon: LU# 9-16-8 - Services through 1/6/17 ($413.90)
      8. HM GG LLC: LU# 1-17-1 - Services through 1/19/17 ($250.50)
   4. Board Recording Secretary: Irene Mills - ($0)

Board Comments

None

Adjournment

Motion was made to adjourn the meeting by Ms. Cocula and seconded by Mr. Auberger. All in favor.

Meeting was adjourned at 10:20 p.m.

Respectfully Submitted
Irene Mills
Recording Secretary