Call to Order

Meeting was called to order by Chairman Theobald 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, 2018 by delivering to the press such notice and posting same at the municipal building.

Salute to the Flag

Chairman Theobald led the assemblage of the flag.

Roll Call    Also Present
John Auberger, Mayor’s Designee P   Richard Brigliadoro, Board Attorney
Craig Williams P   Cory Stoner, Board Engineer
Councilmember Kadish P   Jessica Caldwell, Board Planner
Martin Theobald P   Kimberley Decker, Board Secretary
Richard Spoerl NP    
Willard McPeek NP    
Andrea Cocula P    
Ed Rolando P    
Kristi Raperto P    
Michael Whitaker (#1 Alt) P    
Kelly Mitchell (#2 Alt) P    
Angela Erichsen (#3 Alt) P    

Public Hearings

PB# 2-91-4: Mountain Creek Resort, Inc - 2018 Master Plan Update

Chris Haggerty, vice president of resort operations and Patrick Hession, vice president of mountain operations came forward on behalf of Mountain Creek and were sworn in to present the 2018 Master Plan Update. Township attorney announced he must step down from hearing the application due to a conflict with his legal firm and the applicant.

Mr. Haggerty explained the operational changes noted as Items #51-62 on the application plans dated June 28, 2018:

  • #51 addition of three (3) telephone poles in the water park area for improved safety during nighttime operations as well as nightly events such as Project Graduations.
  • #52 Tent - use of temporary 40' x 60' tent for picnic table covering for various events.
  • #53 Cabanas - addition of cabanas on the west side of the wave pool with electricity.
  • #54 Fry Box - addition of a food and beverage self-contained outlet with water, electricity and propane.
  • #55 Rentals Renovation - proposed addition of permanent structure to rear of Red Tail Lodge to better service flow of rentals to visitors. Will follow up with architectural plans.
  • #56 Fireworks - utilize employee parking lot for fireworks displays for various annual events such as Oktoberfest; lot to be closed for parking during events.
  • #57 Route 94 Fence - addition of 6 ft. tall chain link fence along RT 94 to deter guests from crossing RT 94. Mr. Stoner explained the township has previously granted permission for Mountain Creek to install fencing as needed for this purpose.
  • #58 Replacement of Cobblestone Lot Ticket Booth
  • #59 Tent - addition of temporary tent for performing stage during various events.
  • #60 Inflatable Warming Area - installation of a temporary structure to be used as a warming area for visitors.
  • #61 Replacement of existing snow guns - Mr. Stoner noted this item is not required to be on the plan update as it is not an additional feature.
  • #62 Tent - a 20' x 40' tent or two (2) 20' x 20' temporary tents will be added on existing concrete slabs for shelter for existing picnic tables.

Mr. Stoner explained that any items that are expanding the operations of the site will need an amended site plan application for review of outside impacts such as parking, soil disturbance, lighting, and noise. If items are minor in nature, only a zoning and/or building permit may be required.

Mr. Haggerty stated Mountain Creek is late in coming before the board with the 2018 update and only Items #51, #61 will be completed this year. The board agreed that should Item #55 be constructed for 2018, the zoning officer and engineer may review and approve the plans if minor as presented. Mr. Stoner, in concurrence with Police Chief Mills, stated the traffic volume has been normal with no problems to report.

Ms. Caldwell stated that the outside impacts need to be reviewed for all proposed additions. Mr. Kadish questioned if the chain link fence at the bottom of hill near snowtubing has been removed and has Mountain Creek approval from the state for access to the snowtubing lot from RT 94. Mr. Haggerty stated the lot is used for shuttle drop-offs and not for visitor parking and will check that signage is present.

Ms. Cocula questioned if the renovation to the restaurant will be occurring this season. Mr. Haggerty stated that #48 is an additional entrance to the lodging and is not planned for this season.

Chairman Theobald opened the application for public comments. Seeing no one coming forward the meeting was closed to the public.

Mr. Stoner commented the proposed 2018 improvements do not include any permanent buildings or rides and do not have any outside impacts. Land use board members agreed to allow township officials from zoning, building and fire prevention review any application for the proposed temporary tents.

Motion: A motion was made to approve the 2018 Mountain Creek Resort, Inc. master plan update by Ms. Cocula and seconded by Mr. Williams.

Motion passed.

Public Participation

Chairman Theobald opened the meeting to the public for items other than those listed on the agenda.

Mayor Harry Shortway came forward and commented that the land use board should be aware that Mountain Creek Resort has filed a motion against the township to relieve themselves of debt totaling $28 million owed to the township and returning 166,000 gallons of sewer capacity as well. He added that Mountain Creek has reneged on the contract to rebuild Sewer Pump House #2, a cost estimated to be $2.1 million, which if a failure occurs, the Black Creek could be affected.

Mayor Shortway stressed the need for new smart development in the town center area along with an increase of EDUs. He noted the Vernon Board of Education recently sold two properties in the town center, one is proposed to be demolished so new development can be added but will require historic and zoning approval.

Mayor Shortway proposed to Senator Oroho a Highlands Enterprise Zone that will encourage development to towns who are hindered due to the designated Highlands Preservation and Planning Areas. He explained Vernon Township will be facing immense challenges in the next few years that will require smart development. Mr. Stoner added that the idea for a water tower in town center is needed for fire protection for new development which could also include added infrastructure expenses. Mayor Shortway emphasized the land use board members consider challenges before our community when hearing applications.

Ms. Cocula questioned the status of the senior housing project in the town center area. Mayor Shortway stated that the principals to the project received a will serve letter by Suez with action required by October 2018. Mr. Stoner added the water line by Suez to the property is in, but the issue is how much water the state allows a property to have.

Seeing no more members of the public wishing to come forward, Chairman Theobald closed the meeting to the public for items other than those listed on the agenda.


LU# 6-15-8: Wilson Facility Management Services, LLC, Block 232, Lot 17.01, - Final Site Plan for an Asphalt Maintenance Business

Motion: A motion was made to approve resolution for LU#6-15-8 by Ms. Cocula and seconded by Mr. Williams.

Motion passed.


June 13, 2018: Regular Meeting Minutes (Williams, Cocula, Rolando, Raperto, Whitaker, Mitchell, Erichsen)

Mr. Williams stated there was a typographical error on page 1, word should have been “trash.”

Motion: A motion was made to approve minutes of June 13, 2018 as corrected by Ms. Cocula and seconded by Mr. Auberger.

Motion passed.

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

  1. Board Fees
    1. Board Attorney: Glenn Kienz, Weiner Law Group LLP
      1. Land Use Board Business: Services through 5/25/18 ($448.00)
      2. Land Use Board Business: Services through 6/13/18 ($320.00)
      3. Hotel Resort Condo: LU# 2-18-1 - Services through 5/29/18 ($672.00)
      4. NWAC: LU# 3-18-3 - Services through 5/07/18 ($80.00)
      5. Wilson Facility: LU# 6-15-8 - Services through 5/23/18 ($320.00)
      6. Wilson Facility: LU# 6-15-8 - Services through 6/25/18 ($624.00)
    2. Board Planner: Jessica Caldwell, J. Caldwell & Associates
      1. Land Use Board Business: ($0)
    3. Board Engineer: Cory Stoner, Harold E. Pellow & Associates
      1. Land Use Board Business: ($0)
      2. Kaching LLC: LU# 1016-9 - Services through 5/30/18 ($518.00)
      3. NWAC: LU# 11-16-11 - Services through 5/30/18 ($345.00)
      4. NWAC: LU# 11-16-12 - Services through 5/30/18 ($345.00)
      5. Vernon Rest. 12267 LLC: LU# 5-18-4 - Services through 5/29/18 ($250.00)
      6. Wilson Facility: LU# 6-15-8 - Services through 5/4/18 ($421.10)
    4. Board Recording Secretary: Irene Mills ($52.50)

      Chairman Theobald stated additional fees to be added to the list for approval.

    5. Board Engineer - Cory Stoner, Harold E. Pellow & Associates
      1. Kaching LLC: LU# 1016-9 - ($394.00)
      2. NWAC: LU# 11-16-11 - ($320.00)
      3. NWAC: LU# 11-16-12 - ($468.00)
      4. Waheguru Gas: LU# 7-16-5 - ($259.00)
      5. LGWS, Inc.: LU# 7-16-7 ($322.00)

Motion: A motion was made to approve the fees as stated by Ms. Cocula and seconded by Mr. Auberger.
All members were in favor.
Motion passed.

Ms. Decker stated Burger King will be coming in for a minor site plan on August 22, 2018 and NWAC will be coming in for a minor site plan on September 12, 2018.


There being no further items of business to be conducted on the agenda, a motion was made by Mr. Williams and was seconded by Mr. Auberger. All members were in favor.

Meeting was adjourned at 7:51 p.m.

Respectfully Submitted
Irene Mills
Recording Secretary