Minutes: May 23, 2018

Call to Order

Meeting was called to order by Vice Chairman Richard Spoerl 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

Vice Chairman Spoerl led the assemblage of the flag.

Public Hearings

LU# 2-18-1: Hotel Resort Condo Council c/o Comet Management - Block 199.08, Lot 100, - Site Plan with Use and Bulk Variances to Place LED Signs with Scrolling Capability in the Area of Two Guard Houses

Mr. Kienz announced that Mr. Auberger and Mr. Kadish are unable to hear the application because it is a use variance and Ms. Erichsen has stepped down from the application because she resides within the association.

James Opfer, attorney for applicant came forward with Craig Thompson, property manager to testify on behalf of the applicant. Mr. Opfer explained the application is for a use & bulk variance with site plan to install two electronic messaging board signs, one at each exit guard post on site of Block 199.08 Lot 100. Mr. Kienz stated that the planner’s report recommended granting waivers as needed for completeness and all board members agreed.

Mr. Opfer detailed the map dated December 13, 2017 with revision date of March 28, 2018 showing proposed locations of both signs and explained application is unique as signs are to be used for informational purposes only. He added the locations are sufficiently far apart causing need for bulk variance for two signs.

Craig Thompson was sworn in and testified he has an independent contract with the association as a property management consultant and described the proposed signs as LED illuminated signs having informational text for residents. Mr. Opfer offered four photos, labeled Exhibits 1, 2, 3, 4, as examples of types of fonts and possible look of messages. Mr. Thompson explained the new signs have capability of being programmed and changed electronically making updating information easier. The messages would not scroll but stay static for periods of 10-30 seconds and then change showing information on roads, weather, safety, meeting dates or directions. Mr. Opfer submits that these signs have inherent benefit to the town.

Mr. Opfer, referring to past case law, stated the board must consider certain things in a use application and quoted, “if use for which a variance is sought is not one that inherently serves the public good, then applicant must prove, and board must find specifically that use promotes general welfare because proposed site is particularly suitable for proposed use.” Mr. Opfer stated that the proposed signs do serve the public good and sign and location is suitable for proposed use.

Mr. Kienz questioned if the signs would be used for advertising purposes. Mr. Thompson testified there is no plan for advertising and will be used for notification purposes only. He added that the messages can be different on each sign as each post serves different associations and to avoid confusion of visitors entering and for safety reasons, the signs will be visible at exits of the complex.

Mr. Thompson testified the illumination of the proposed signs will have no negative affect to the public as the closest unit is over 150 ft. away and noted it will not be more than the existing lighting at both posts. Mr. Thompson testified the proposed signs will only affect the association members and have no negative impact to the public outside of the development.

Vice Chairman Spoerl opened the meeting to the public.

Cherie Macciachera, member of Aspen Board of Condominium complex, commented the proposed signs would be very useful for meeting notifications.

Mark Bower, of Master Council Governing Body, was sworn in and commented association has had much difficulty communicating with residents and noted mailings are too costly. Mr. Bower commented proposed signs will be a great benefit with no impact to outsiders and urges board to approve application.

Seeing no more members of the public wishing to come forward, Vice Chairman Spoerl closed the meeting to the public.

Mr. Kienz summarized that application and testimony is a request for two community messaging bulletin boards requiring a use variance and minor site plan and noted any subsequent changes to size or location of signs would require applicant to return to the land use board for further approval.

A motion to approve LU#2-18-1 per testimony provided was made by Ms. Cocula and seconded by Mr. Whitaker.

ROLL CALL: WILLIAMS: Y; SPOERL: Y; MCPEEK: Y; COCULA: Y; ROLANDO: Y, RAPERTO: Y; WHIATKER: Y.
Motion passed.

Public Participation

Vice Chairman Spoerl opened the meeting to the public. Seeing no members of the public wishing to come forward, meeting was closed to the public.

Mayor’s designee John Auberger and Angela Erichsen returned to the meeting.

Resolutions

LU# 3-18-3: National Winter Activity Center - Block 192.01, Lot 13, - Variance to Construct an Entranceway Sign

Eligible to vote: Williams, McPeek, Cocula, Raperto, Whitaker, Theobald

Motion: A motion was made to approve Resolution for LU#3-18-3 by Ms. Cocula and seconded by Mr. Whitaker.

ROLL CALL: WILLIAMS: Y; MCPEEK: Y; COCULA: Y; RAPERTO: Y; WHITAKER: Y.
Motion passed.

Minutes

April 11, 2018: Regular Meeting Minutes (Auberger, Williams, Theobald, Spoerl, McPeek, Cocula, Raperto, Whitaker, Mitchell)

Motion: A motion was made to approve minutes of April 11, 2018 by Ms. Cocula and seconded by Mr. Whitaker.

ROLL CALL: AUBERGER: Y; WILLIAMS: Y; SPOERL: Y; MCPEEK: Y; COCULA: Y; RAPERTO: Y; WHITAKER: Y; MITCHELL: Y.
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 3/19/18 ($912.00)
      2. Land Use Board Business: Services through 3/27/18 ($30.00)
      3. Land Use Board Business: Services through 3/31/18 ($118.53)
      4. Land Use Board Business: Services through 4/24/18 ($832.40)
      5. Land Use Board Business: Services through 4/9/18 ($832.00)
      6. Mott Drive Mgt. LU# 2-18-2: Services through 3/19/18 ($528.00)
      7. Mott Drive Mgt. LU# 2-18-2: Services through 4/11/18 ($224.00)
      8. NWAC: LU# 3-18-3 - Services through 3/20/18 ($45.00)
      9. NWAC: LU# 3-18-3 - Services through 4/13/18 ($528.00)
      10. Wilson Facility: LU# 6-15-8 - Services through 4/16/18 ($45.00)
   2. Board Planner: Jessica Caldwell, J. Caldwell & Associates
      1. Land Use Board Business: Services through 3/15/18 ($540.00)
      2. Land Use Board Business: Services through 3/15/18 ($420.00)
      3. Land Use Board Business: Services through 4/11/18 ($180.00)
      4. Hotel Resort Condo: LU# 2-18-1 - Services through 3/29/18 ($120.00)
      5. Mott Drive Mgt. LU# 2-18-2: Services through 3/12/18 ($240.00)
      6. NWAC: LU# 3-18-3 - Services through 3/16/18 ($345.00)
      7. NWAC: LU# 3-18-3 - Services through 4/6/18 ($300.00)
   3. Board Engineer: Cory Stoner, Harold E. Pellow & Associates
      1. Land Use Board Business: ($0)
      2. Paul Dinger: LU# 9-17-5 - Services through 3/6/18 ($24.68)
      3. NWAC: LU# 11-16-11 - Services through 3/29/18 ($123.38)
      4. NWAC: LU# 11-16-12 - Services through 3/29/18 ($172.73)
      5. MNA (Taco Bell): LU# 6-15-5 - Services through 3/20/18 ($98.70)
      6. Waheguru Gas: LU# 7-16-5 - Services through 3/29/18 ($197.40)
      7. LGWS, Inc.: LU# 7-16-7 - Services through 3/29/18 ($197.40)
   4. Board Recording Secretary: Irene Mills ($52.50)

Motion: A motion was made to approve the above fees in Appendix A by Ms. Cocula and seconded by Mr. Whitaker. All members were in favor. Motion passed.

2. Request for Escrows to Be Closed
   1. LU# 11-10-10: Robert Baldwin - Block 94, Lot 1, - Minor Subdivision ($289.50)

Motion: A motion was made to approve the request by Mr. Williams and seconded by Ms. Cocula. All members were in favor. Motion passed.

Board secretary explained to board members that the township council approved the soil fill ordinance and noted a major application will be heard by the land use board for approval. At next meeting on June 13, 2018, township engineer, Cory Stoner will explain the ordinance and answer any questions members may have.

Adjournment

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. Whitaker to adjourn. All members were in favor.

Meeting was adjourned at 8:42 p.m.

Respectfully Submitted
Irene Mills
Recording Secretary