All meeting minutes posted on the township website are unofficial minutes. Official copies of minutes may be obtained from the Planning/Zoning Department.

Minutes: April 11, 2018

Call to Order

Meeting was called to order by Chairperson 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 AubergerP Louis Karp, Board Attorney
Craig Williams (Arrived at 7:05 p.m.)P Cory Stoner, Board Engineer
Councilmember KadishNP Jessica Caldwell, Board Planner
Martin TheobaldP Kimberley Decker, Board Secretary
Richard SpoerlNP  
Willard McPeekP  
Andrea CoculaP  
Ed RolandoP  
Kristi RapertoP  
Michael Whitaker (#1 Alt)P  
Kelly Mitchell (#2 Alt)P  
Angela Erichsen (#3 Alt)P  

Public Hearings

LU# 2-18-2: Mott Drive Management LLC - Block 190.01, Lot 19, - Use Variance to Change a Commercial Building in the C-3 Zone to a Single-Family Residence

Mr. Theobald stated Mr. Auberger is unable to hear the use variance application as well as Mr. Rolando and himself are stepping down due to conflict.

Mr. Karp stated this application was heard at the meeting of March 14, 2018 and the board became aware of a potential conflict. Board counsel advised application should be heard again to avoid any appearance of impropriety and advised all board members to disregard all testimony from previous hearing and take action only on plans and testimony presented tonight.

Mr. Ira Weiner, attorney and applicant Mr. Bruce Zaretsky, 1175 Lakeside Drive Highland Lakes came forward and were sworn in to present testimony to request approval for a use variance to return a commercial building in the C-3 zone back to a single-family residence. Mr. Weiner stated structure was built and used as a single-family residence for many years then converted to a daycare but was unable to be successful. He added Mr. Zaretsky owns the adjacent lot with expectation to combine the lots for commercial business ancillary to future improvements at Mountain Creek but has not yet come to fruition. In meantime, applicant would like to restore use to residential single-family home and rent until economically feasible to be combined for potential commercial use. Mr. Weiner added the property was not set up for commercial traffic and the residential use has minimal negative impact to the public good nor any detriment to zone plan.

Mr. Zaretsky stated all testimony was correct and added the structure is one bedroom, 900 sq. ft. and improvements would be added to improve site distance and aesthetics. Should the variance be denied, Mr. Zaretsky noted structure would possibly be demolished to remove from tax rolls.

Ms. Caldwell, board planner, noted per her report dated 3/12/18, that the site is undersized and is a preexisting non-conforming residential house converted to a child care center and office. She added the structure is pre-existing as residential use in the C-3 zone, therefore only D-1 use variance is required and noted future intention of applicant is to combine with adjacent property for commercial use. Mr. Zaretsky added interior will be totally remodeled to convert from daycare to one-bedroom home.

Mr. Spoerl opened the application to the public. Seeing no members of public wishing to come forward, public portion was closed.

A motion to approve LU#2-18-2 was made by Ms. Cocula as presented and was seconded by Mr. Whitaker.

ROLL CALL: MCPEEK: Y; COCULA: Y; RAPERTO: Y; WHITAKER: Y; MITCHELL: Y; ERICHSEN: Y; SPOERL: Y.
Motion passed.

Mr. Weiner requested to waive the reading of the resolution at applicant’s risk.

A motion to grant request to waive reading of the resolution at applicant’s risk was made by Ms. Cocula and seconded by Mr. Whitaker.

ROLL CALL: MCPEEK: Y; COCULA: Y; RAPERTO: Y; WHITAKER: Y; MITCHELL: Y; ERICHSEN: Y; SPOERL: Y.
Motion passed.

Mr. Spoerl noted that Mr. Williams was present at 7:05 p.m. and did not hear all testimony therefore was unable to vote on application. Mr. Theobald and Mr. Auberger now rejoined the meeting at 7:15 p.m.

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

Ms. Cara Parmigiana, attorney and applicant Schone Malliet came forward for application requesting a variance to construct an entranceway sign at the cross-country ski facility located at 24-38 Curtis Drive at the National Winter Activity Center. Ms. Parmigiana stated requested sign complies with zoning sign dimensions but needs a height variance for proposed 21'8" 5/8" ft. The sign contains a rolling gate, is contiguous with existing fencing, identifies the property, is aesthetically pleasing and will be important to prevent trespassing. Mr. Malliet was sworn in to testify for application.

Ms. Caldwell stated from report of April 6, 2018 the sign is proposed at 28.27 sq. ft. in dimension but requires a variance for height to meet needs of trucks entering facility.

Ms. Parmigiana noted the positive criteria is to identify the property, keep out trespassers and add aesthetic look to scenic area. No negative criteria were found as the sign is made of cedar mimicking natural elements and will be seen by patrons only. Location of sign is noted on application plans using prior survey by LAN Associates.

Board members questioned if the sign will be illuminated which Ms. Parmigiana stated no it will not be lit. Mr. Malliet testified that the sign will be located behind piers and electric rolling gate will be black metal. Entrance sign will be made of cedar joined to the split rail fencing for rustic feel like an alpine retreat. Mr. Auberger confirmed for board that proposed height will allow fire truck access.

Mr. Theobald opened the meeting to the public.

Grover Kempson, 7 Village Way, resident since 1978, described photo of view from his property but explained he did not have copies available for all board members. Mr. Kempson questioned the need for a sign as residents were assured in the past that the roadway was only to be used by staff and students in shuttle buses. Mr. Kempson offered a copy of 1997 site easement allowing 100' wide access to lake and beach area, labeled Exhibit 1 dated 11/7/1997. Ms. Parmigiana stated pink & white lettering in fine script will be hardly visible from his property and less obtrusive and more information is needed to determine if sign is within easement. Mr. Malliet explained the sign is consistent with mission to provide winter activities for children.

Jerry Levy, 42 Curtis Drive, Hidden Valley was sworn in and questioned why the sign is necessary as location is not the main entrance to the facility. Mr. Levy noted the need for a sliding gate and fencing is important but objected to the proposed large display on a private road in a residential area.

Ms. Caldwell explained the application is for a variance for height and noted that the structure could be built with no variance it meets all requirements in the township code.

Mr. Karp noted from Exhibit 1 that the proposed sign is not within the restricted area of the 100 ft. site easement.

Seeing no more members of the public wishing to come forward, Mr. Theobald closed the meeting to the public.

Ms. Parmigiana summarized testimony stating application is for the height on the structure to allow trucks and emergency vehicles access, security and is aesthetically pleasing with no negative criteria.

Mr. Auberger questioned need for large sign for staff and students and recommended a smaller sign on the side of roadway. Mr. Malliet restated need is for consistency to tie properties together.

Chairperson Theobald opened meeting again to the public.

Ira Weiner, 7 Curtis Drive, stated that the applicant would need to come before the board for site plan approval even if no variances were needed.

Chairperson Theobald closed the meeting to the public.

Chairperson Theobald stated the property is a commercial area and the ski area has the right to operate and conduct business as needed and public should expect signage.

Ms. Mitchell understood the right for the owner to conduct business as a non-profit for children but expressed concerned over market value for residences in area.

Ms. Parmigiana explained the board must determine substantial detriment of the sign height that outweighs and impairs the intended zoning plan of commercial business.

Board questioned if sign placement could be seasonally installed which Mr. Malliet stated it could not.

Ms. Mitchell made a motion to deny height variance as presented as a substantial impact to public good which impairs the zoning plan, township ordinances and township master plan. Motion was seconded by Mr. Spoerl

ROLL CALL: AUBERGER: Y; WILLIAMS: N; SPOERL: Y; MCPEEK: N; COCULA: N; RAPERTO: N; WHITAKER: N; MITCHELL: Y; THEOBALD: N.
Motion failed.

Motion: A motion was made to approve application as presented by Mr. Williams and seconded by Ms. Cocula.

ROLL CALL: AUBERGER: N; WILLIAMS: Y; SPOERL: N; MCPEEK: Y; COCULA: Y; RAPERTO: Y; WHITAKER: Y; MITCHELL: N; THEOBALD: Y.
Motion passed.

Ms. Parmigiana requested waiver of reading the resolution at applicant’s risk.

Motion: A motion was made to approve request for waiver by Ms. Cocula and seconded by Mr. Theobald.

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

Public Participation

Chairperson Theobald opened the meeting to the public for items other than those listed on the agenda. Seeing no one wishing to come forward, meeting was closed to the public.

Resolutions

Town Center Redevelopment—Area in Need of Redevelopment Study for Parcels Located in the TC Zone and Surrounding Area

Eligible to vote: Auberger, Williams, McPeek, Cocula, Whitaker, Mitchell, Erichsen, Theobald

Motion: A motion was made to approve Town Center Redevelopment Resolution by Ms. Cocula and seconded by Ms. Mitchell.

ROLL CALL: AUBERGER: Y; WILLIAMS: Y; MCPEEK: Y; COCULA: Y; WHITAKER: Y; MITCHELL: Y; ERICHSEN: Y; THEOBALD: Y.
Motion passed.

Land Use Board Discussion Items (action may or may not be taken)

Annual Update of N.J.S.A. 40:55D-70.1—2017 Recommendations

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

Land Use Board Letter Regarding Redevelopment Determination on Block 144, Lot 17, 268 Route 94.

All members were in favor of letter to be signed by chairperson and mailed to property owner.

Minutes

March 14, 2018: Regular Meeting Minutes (Auberger, Williams, Kadish, Theobald, McPeek, Cocula, Raperto, Whitaker, Mitchell)

Motion: A motion was made to approve the above Minutes by Mr. Auberger and seconded by Mr. Williams.
All members voted in favor.

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: ($0)
    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: Services through 2/14/18 ($250.00)
      2. Paul Dinger: LU# 9-17-5 - Services through 2/27/18 ($197.40)
      3. NWAC: LU# 11-16-11 - Services through 2/16/18 ($98.70)
      4. NWAC: LU# 11-16-12 - Services through 2/9/18 ($125.00)
    4. Board Recording Secretary: Irene Mills ($60.00)

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

Adjournment

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

Meeting was adjourned at 8:17 p.m.

Respectfully Submitted
Irene Mills
Recording Secretary