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

Minutes: December 14, 2011

Mr. Theobald called the meeting to order at 7:04 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 July 22, 2011 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

Roll Call    Also Present
Mayor MarottaP Jessica Caldwell, Board Planner
Diane WexlerP Corey Stoner, Board Engineer
Councilmember RizzutoP Kim Decker, Planning & Zoning Admin. Asst.
Martin TheobaldP Cynthia Davis, Recording/Board Secretary
Richard SpoerlP  
Joseph TadrickP  
Andrea CoculaP  
Joseph FerrerNP  
Jessica PaladiniNP  
Chris Hack (#1 Alt)P  
Ed Rolando (#2 Alt)P  
Valerie Seufert (#3 Alt)P  
Kristi Raperto (#4 Alt)P  

Note: Mr. Ferrer and Ms. Paladini called to advise they would not be in attendance tonight.

Hearings

LU# 11-10-10: Robert E. Baldwin, - Block 94, Lot 1, - Minor Subdivision - Requesting Extension of Time

(Ms. Raperto and Ms. Seufert stepped down from this hearing.)

Richard Valenti, Esq., of Morris, Downing and Sherred, came forward on behalf of the applicant and explained that this application is for a lot line adjustment necessary to give the adjacent property to the NJ DEP. The applicant had 190 days to record the subdivision deed. However, they have not heard back from the DEP yet with regard to approving the deed. The applicant is requesting an additional 190 days.

Mayor Marotta asked if the extension should be longer and suggested one year.

Meeting was opened to the public

No one came forward.

Meeting was closed to the public

Motion: Mayor Marotta made a motion to extend the approval for one year. Council member Rizzuto seconded the motion. ROLL CALL: MAROTTA - Y, WEXLER - Y, RIZZUTO - Y, THEOBALD - Y, SPOERL - Y, TADRICK - Y, COCULA - Y, HACK - Y, ROLANDO - Y. Passed.

LU# 10-11-16: Guthrie Corner, A Limited Partnership, - Block 142.01, Lot 2, - Minor Site Plan for an Addition

Richard Hollyer, Esq., Dolan & Dolan, came forward on behalf of the applicant and explained that the applicant is before the board to request an approval for an addition to the Lakeland Bank. Mr. Wilson, the owner, and Tina George, from Lakeland Bank, were sworn in by the LUB attorney. Mr. Wilson described the addition.

Mr. Stoner discussed his engineering report and said that all the requirements for zoning are being met and no variances are required. The parking spaces are adequate for the addition. He has a small concern with the extension along the drive-thru being tight.

Meeting was opened to the public

No one came forward.

Meeting was closed to the public

Motion: Mr. Spoerl made a motion to approve of the above site plan with any conditions deemed necessary. Ms. Cocula seconded the motion. ROLL CALL: MAROTTA - Y, WEXLER - Y, RIZZUTO - Y, THEOBALD - Y, SPOERL - Y, TADRICK - Y, COCULA - Y, HACK - Y, ROLANDO - Y. Passed.

LU# 11-11-17: Market Square Management, LLC, - Block 141, Lot 1, - Bulk Variance for Parking Requirements

This hearing was carried to the next meeting at the request of the applicant.

Resolutions

None

Land Use Board Discussion Items

Review Township Council Ordinance #11-25, an Ordinance Regarding Zoning Modifying Permitted Uses in the Mountain Resort Zone

Mayor Marotta advised that a request was made to modify the permitted uses of the Mountain Resort Zone from the owners of the Appalachian Hotel which is located in this redevelopment zone. He went on to say that under the normal zoning ordinance the application would come before the LUB for review and for a decision on variances. However, in redevelopment zones, the application is only required to go before the Town Council. The Town Council voted to have the LUB’s input on this request. There is no formal action required.

Ms. Caldwell commented that allowing a medical office in the Mountain Resort Zone would fit into the Resort District as a good use by providing a medical facility where injured skiers can go located adjacent to the ski area. However, she said that the medical office would still be open to the Public at large which presents a little problem with parking and access for emergency vehicles. It may also create a problem with circulation around the hotel during times that the resort is in full use. She went on to say that in terms of the ordinance, the only parking requirement for this type of use is for health services which requires 1 space for every 200 square feet. Ms. Caldwell advised that a specific parking requirement for an urgent care center be added to the ordinance. For hospitals, the parking requirement is 1 space for every 2 beds, plus one space for an employee.

Mr. Stoner added that the only issue that he has with the revision is the parking needs that go along with an urgent care facility and access for emergency vehicles. He agrees with Ms. Caldwell with regard to adding language to the ordinance about adding parking requirements.

Mr. Theobald inquired as to whether this application would come back before the LUB if the modification to the ordinance is passed. Mayor Marotta stated that he understands that the Town Council has the option of acting as the Planning Board if they choose to or the Town Council can send the application back before the LUB. Mr. Tadrick stated that he would hope that the Town Council would refer a site plan back to the LUB, if an application were made on this project.

Mayor Marotta said the Public had the concern that patients would go through the hotel lobby to get to the urgent care. Mr. Theobald and, subsequently Mr. Jorgensen (CEO to Mountain Creek) confirmed that patients will NOT travel through the hotel lobby to get to the medical office. Mr. Theobald remembered when the hotel was designed that none of the commercial areas connected to the hotel on the plans. Mr. Jorgensen also confirmed this fact. Mayor Marotta advised that the other concern of the Public was whether there were beds in the urgent care center which he assured there were not. There are examination tables and sections where immediate care is given.

Mr. Theobald and Mr. Tadrick stated that both had received emails regarding this issue. Ms. Kovach commented that because this is not a formal application before the LUB, it would be acceptable to receive emails. However, it would be unacceptable if the emails were about an application before the board.

Mr. Spoerl commented that the modification of uses stated in the request includes “medical offices or other medical uses including doctors’ offices and professional offices.” He commented that doctors’ offices take up a lot of car spaces.

Meeting Opened to the Public

Bernd Heffele, Esq., the attorney and Paul Jorgensen, CEO, for Mountain Creek resorts came forward. Mr. Heffele said that the redevelopment zone at 185 acres and 1.4 million square feet is a very big zone. He went on to say that at this point, the urgent care facility is proposed for the Appalachian building. However, Mr. Heffele said it is important to remember that this is an amendment to the redevelopment zone, in general. He said that the Appalachian has a homeowner’s association that can deal with the rules and regulations for that building. He stated that the parking is a legitimate concern. However, all the necessary parking for the Appalachian approval is all ready in place. Mr. Jorgensen added that the exposed upper deck, under the original approval, specifically identifies parking for the commercial space in the building which will remain as the designated parking for any future urgent care facility.

Mr. Jorgensen, went on to say that in the quest of filling the commercial space at the Appalachian, he approached Morristown Memorial Hospital. An urgent care facility will bring about 2-million dollars worth of capital into this community by filling up that space along with a ratable and world class care. Not only would urgent care be brought into the building, the proposal would also include an orthopedic sports medicine practice run by Dr. Martins, the NY Jets team doctor.

Mr. Heffele stated that the Redevelopment Ordinance all ready states that the parking has to be reviewed for each and every application to make sure the amount of parking is sufficient.

Mrs. Dorothy McMurra (sp?), a full-time resident of the Appalachian Hotel, came forward. She commented that, as an owner, she was not able, at times, to get her designated parking space at the hotel during last year’s ski season. She said the entire front of the hotel will be dedicated to the urgent care when there is all ready an urgent care center down the road. She feels that in all of the valley, there has to be some other place to put this urgent care facility that would provide better parking. She said the parking situation is “terrible” at the Appalachian. She said there are only 12 parking spaces on the exterior deck, not 34 spaces as Mr. Jorgensen stated. She asked how the orthopedic patients will get from the parking across the street to the medical office. She feels there is a possibility that this facility will have an emergency room.

Motion: Ms. Seufert made a motion to send a letter of recommendation to the Town Council encapsulating the points raised tonight (parking issues and return of application to LUB for their review) for the requested modification of permitted uses in the Mountain Resort zone to include medical offices, etc. Ms. Wexler seconded the motion. ROLL CALL: MAROTTA - Y, WEXLER - Y, RIZZUTO - Y, THEOBALD - Y, SPOERL - Y, COCULA - Y, HACK - Y, ROLANDO - Y, TADRICK - Y.

Review Proposed Revisions for Ord. 330-193. Storage of Recreational Vehicles and Equipment in Residential Districts

Ms. Caldwell explained that she drafted some changes to the ordinance that the Zoning Officer, Craig, and Kim had previously prepared. Ms. Caldwell went over her changes including where RVs can be parked, covering tarps to be neutral in color, the word “equipment” taken out, and parking not allowed on public rights-of-way. Mayor Marotta suggested leaving in the requirement that allowed for rear yard and side yard parking with accessory structure setbacks.

Meeting was opened to the public

No one came forward.

Meeting was closed to the public

Motion: Ms. Seufert made a motion to send a letter of recommendation to the Town Council to approve of the above ordinance with the side yard changes as discussed. Ms. Cocula seconded the motion. ROLL CALL: MAROTTA - Y, WEXLER - Y, RIZZUTO - Y, THEOBALD - Y, SPOERL - Y, TADRICK - Y, COCULA - Y, HACK - Y, ROLANDO - Y. Passed.

Minutes

November 23, 2011

Motion: Mayor Marotta made a motion to accept the minutes of the LUB meeting on November 23, 2011. Mr. Theobald seconded the motion. ROLL CALL: MAROTTA - Y, WEXLER - Y, THEOBALD - Y, TADRICK - Y, HACK - Y, ROLANDO - Y, RAPERTO - Y. Passed.

Open meeting to the public for items other than those listed on the agenda

No one came forward.

Closed meeting to the public

Escrows, Board Fees and Bond Reductions

  1. Board Fees
    1. Board Attorney: Jennifer Kovach, Daggett, Kraemer, Kovach & Gjeslvik
      1. Land Use Board Business - ($0)
    2. Board Planner: Jessica Caldwell, Harold E. Pellow & Associates
      1. Land Use Board Business: Services through 9/30/11 to 10/27/11 ($226.00)
      2. Sussex National Development: PB# 2-05-3 - Services through 10/27/11 ($1,243.00)
      3. KDC Solar: LU# 5-11-11 - Services through 10/27/11 ($282.50)
    3. Board Engineer: Cory Stoner, Harold E. Pellow & Associates
      1. Land Use Board Business: Services through 9/30/11to 10/27/11 ($240.00)
      2. KDC Solar: LU# 5-11-11 - Services through 10/27/11 ($270.00)
      3. KDC Solar: LU # 8-11-15 - Services through 10/27/11 ($1,524.00)
      4. Ruggerio: LU# 7-11-14 - Services through 10/27/11 ($60.00)
      5. Mountain Creek: Day Lodge - PB# 2-08-2 - Services through 10/27/11 ($382.50)
      6. Mountain Creek: Water Park Master Plan - PB# 2-91-4 - Services through 10/27/11 ($340.00)
      7. NS Enterprises: LU# 1-09-2 - Services through 10/27/11 ($150.00)
    4. Board Recording Secretary: Cynthia Davis
      1. Services through 12/7/11 ($29.50)
  2. Request for Escrows to be Closed
    1. None

Motion: Mr. Spoerl made a motion to approve of payment of the above listed board fees. Ms. Seufert seconded the motion. All were in favor.

Adjournment

Motion: Mr. Tadrick made a motion and Ms. Seufert seconded the motion to adjourn the meeting at 8:26 p.m. All were in favor.

These minutes were transcribed by Cynthia Davis on January 5, 2012.