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

Minutes: February 9, 2011

Ms. Paladini, called the meeting to order at 7:07 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 20, 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

Roll Call    Also Present
Andrew BorisukP Michael Garofalo, Esq., Board Attorney
Andrea CoculaP Jessica Caldwell, Board Planner
David GornsteinP Corey Stoner, Board Engineer
Jessi PaladiniP  
Mayor RinkerP  
Councilmember SeufertNP  
Jean MurphyP  
Martin TheobaldNP  
Joseph TadrickP  
Chris Hack (#1 Alt)P  
Ed Rolando (#2 Alt)P  
Joseph Ferrer (#3 Alt)P  
Edward Seger (#4 Alt)NP  

Public Hearings

PB# 5-07-6: Top of Vernon, Block 131.01, Lots 13, 14 & 15 - Final Major Subdivision - Extension of Time

Bernd Heffele, Esq. came forward on behalf of the applicant and asked that this hearing be carried to the March 23, 2011, as he and the applicant need to have more discussion with the Board Attorney.

Motion: Ms. Cocula made a motion to carry this hearing to March 23, 2011. Mr. Tadrick seconded the motion. All were in favor.

PB# 2-08-2: Mountain Creek Resort, Inc., Block 183, Lots 12 & 13, Block 184, Lots 10, 12, 13, 14, 15, 16, 18, 25, 25.01, Block 190, Lots 9, 10, & 10.01 - Amend the Site Plan Approval to Relocate a Building on Site.

(Note: Mr. Rolando stepped down from this hearing.)

Bernd Heffele, Esq. came forward on behalf of the applicant. He explained that the applicant is ready to move ahead with the construction of the day lodge. This application is a modification to that site plan which would keep and move the Discovery Center to a new location near the current ticket booths, to the left of the bridge. Mr. Andy Mulvihill and Mario Ianelli, P.E., came forward and were sworn in by the LUB attorney.

Mr. Mulvihill discussed moving the Discovery Center, constructing the day lodge and a restaurant for the Appalachian to all be completed by the next ski season. He went on to say that it is their intention to take all the tents down and use the Discovery Center for the Kids Kamp, ski school and possibly house the EMT department.

Mr. Ianelli came forward and discussed the project. He feels the revised plans are more aesthetically pleasing and the flow is better. The revised plans also have approximately 2000 square feet less impervious coverage than the plans that were submitted in early January 2011.

With regard to the overflow parking issue during this current winter ski season the applicant has the issue with the police department and an application has been submitted to the town regarding this matter.

Mr. Stoner discussed his concerns, which mostly had been answered by tonight’s testimony. He commented that he likes the layout and that handicap parking spaces have been added. He requested more detail on the sewer lines and profiles, etc.

With regard to signage and the possibility that the proposed signage may need to be changed slightly; Mr. Garofalo suggested that the applicant advise him if there is to be a change and he will inform the LUB instead of having to come back before the LUB. Mr. Heffele agreed to put the parameters or general guidelines in terms of the proposed signage on their plan.

Mr. Garofalo said that this application is for an amended preliminary final site plan and there are no variances required. Absent the LUB finding something outrageous about what’s been presented; this is an “as right” application.

Meeting was opened to the public

No one came forward.

Meeting was closed to the public

Motion: Mr. Gornstein made a motion to approve of this application. Mayor Rinker seconded the motion. ROLL CALL: BORISUK - Y, COCULA - Y, FERRER - Y, GORNSTEIN - Y, HACK - Y, TADRICK - Y, MURHPY - Y, PALADINI - Y, RINKER - Y. Passed.

PB # 2-91-4: Water Park Master Plan Annual Review

Bernd Heffele, Esq. came forward to review the Water Park Master Plan which was originally adopted in 1992. Mr. Heffele said there hadn’t been an update provided to the LUB since 2007. The applicant provided an update for the past five years as well as providing information on the new rides that will be installed for the upcoming season. Mr. Mulvihill discussed the future addition of 4 new year-round rides including the Mountain Coaster, similar to the Alpine Slide (without the risk of coming off the track), a Zip Line, a Screaming Swing and one other thrill ride. He commended the Town’s cooperation while working with them and hopes the relationship will continue as such.

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

No one came forward.

Closed meeting to the public

Resolutions

LU # 11-10-10: Robert Baldwin, Block 94, Lot 1 - Lot Line Adjustment with a Use Variance

Motion: A motion was made by Ms. Cocula to approve of the resolution. Mr. Tadrick seconded the motion. ROLL CALL: COCULA - Y, PALADINI - Y, RINKER - Y, TADRICK - Y, MURPHY - Y, HACK - Y, ORLANDO - Y, FERRER - Y.

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

Performance and Maintenance Bonds

Mr. Stoner came forward and discussed the proposed changes to the Performance and Maintenance Bonds requirements. (Please see his proposal as recording is inaudible due to foreground noise.)

Mr. Garofalo commented that the current addition of Vernon’s Land Use Ordinance, drafted during the 1990s by Don Ross, contains a lot of language that is the State statute, word-for-word, transferred to the ordinance book. He feels Mr. Stoner’s proposal is well-drafted and makes clear when performance guarantees are required.

Motion: A motion was made by Mrs. Cocula to approve of the proposed changes to the Performance and Maintenance Bond requirements as set forth by Mr. Stoner’s proposal, to be presented to the governing body for adoption. Mr. Gornstein seconded the motion. All were in favor.

Discussion

Ms. Paladini commented that the Historic Preservation Commission had nominated and given the LUB a list of cemeteries for landmark designation about 6-7 months ago. She advised that they are still working on this list. One of the cemeteries being considered for memorializing is the cemetery shared by St. Thomas Episcopal Church and United Methodist Church which is conjoined. One Minister is in favor and one is coming in favor. Ms. Paladini asked if the whole lot and block would have to be designated or just the cemetery area. She went on to say that it seems that entire lot and blocks are being designated, such as with the Mastodon Lake designation. If only items located on a lot are proposed to be memorialized, she asked if GPS mapping would be adequate for designation purposes and who would be qualified to do that? Mr. Garofalo will need to do further research on this matter.

Minutes

January 12, 2011: Reorganization Meeting Minutes (Cocula, Paladini, Rinker, Murphy, Theobald, Tadrick, Hack, Rolando, Ferrer)

Motion: Mayor Rinker made a motion to approve of the 1/12/11 Reorganization Meeting Minutes. Mr. Ferrer seconded the motion. ROLL CALL: COCULA - Y, PALADINI - Y, RINKER - Y, TADRICK - Y, HACK - Y, ROLANDO - Y, FERRER - Y.

January 12, 2011: Regular Meeting Minutes (Cocula, Paladini, Rinker, Murphy, Theobald, Tadrick, Hack, Rolando, Ferrer)

Motion: Rinker made a motion to approve of the 1/12/11 Regular Meeting Minutes. Mr. Hack seconded the motion. ROLL CALL: COCULA - Y, PALADINI - Y, RINKER - Y, TADRICK - Y, HACK - Y, ROLANDO - Y, FERRER - Y.

Escrows, Board Fees and Bond Reductions

  1. Board Fees
    1. Board Attorney: Michael Garofalo, Laddey, Clark & Ryan, LLP
      1. Land Use Board Business: 12/31/10 ($480.00)
      2. Mountain Creek Resort, Inc.: PB# 2-08-2- Services through 12/31/10 - ($150.00)
      3. Cellco Partnership/Verizon: LU# 7-10-5 - Services through 12/31/10 - ($210.00)
      4. US Fish & Wildlife Service: Services through 12/31/10 - ($225.00)
    2. Board Planner: Jessica Caldwell, Harold E. Pellow & Associates
      1. Land Use Board Business: 10/1/10 & 10/28/10 ($649.75)
    3. Board Engineer: Cory Stoner, Harold E. Pellow & Associates
      1. Land Use Board Business: 10/1/10 - 10/28/10 - ($810.00)
      2. Cellco Partnership/Verizon: LU# 7-10-5 - Services through 10/28/10 - ($390.00)
      3. Mountain Creek Day Lodge: PB# 2-08-2 - Services through 12/31/10 - ($240.00)
      4. Mountain Creek: Master Plan - PB# 2-91-4 - Services through 12/31/10 - ($120.00)
    4. Board Recording Secretary: Cynthia Davis
      1. Services through 1/17/11 - ($161.25)
  2. Request for Escrows to be Closed
    1. None

Motion: A motion was made by Mr. Gornstein to approve of the above listed Board Fees. Mayor Rinker seconded the motion. ROLL CALL: BORISUK - Y, COCULA - Y, GORNSTEIN - Y, PALADINI - Y, RINKER - Y, TADRICK - Y, MURPHY - Y, HACK - Y, ROLANDO - Y, FERRER - Y.

Adjournment

Mayor Rinker made a motion to adjourn the LUB meeting at 8:32 p.m. Mr. Gornstein seconded the motion. All were in favor.

These minutes were transcribed by Cynthia Davis on February 15, 2011.

Certification

I, the Board Secretary, hereby certify that the above minutes were approved at the regularly scheduled Land Use Board meeting on February 23, 2011.

Respectfully submitted,
Cynthia Davis
Board Secretary