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

Minutes: June 13, 2012

Mr. Theobald called the meeting to order at 7:10 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 15, 2012 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 Jennifer Kovach, Esq., Board Attorney
Diane WexlerP Jessica Caldwell, LUB Planner
Councilmember RizzutoP Corey Stoner, Board Engineer
Martin TheobaldP Kim Decker, Planning & Zoning Admin. Asst.
Richard SpoerlP Cynthia Davis, Board Secretary
Joseph TadrickNP  
Andrea CoculaP  
Joseph FerrerP  
Jessica PaladiniP  
Chris Hack (#1 Alt)P  
Ed Rolando (#2 Alt)P  
Valerie Seufert (#3 Alt)NP  
Kristi Raperto (#4 Alt)P  

Public Hearings

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

Note: The applicant requested that this hearing be adjourned with no further notice required.

LU# 5-12-10: T-Mobile Northeast LLC, Block 190, Lot 9, - Conditional Use Site Plan to Maintain an Antenna on a Roof.

Note: The testimony for this hearing was transcribed by a court reporter. Please see transcription for details.

Constantine Stamos, Esq. came forward on behalf of the applicant. He said the applicant is looking to locate a facility consisting of one antenna within the cupola of the building owned by Mountain Creek and the equipment cabinets will be located within a portion of the existing building. This is the third location of an application which was approved and memorialized by resolution on December 3, 2008. There was a question with regard to the site identified as 3289. The applicant described this site.

Christopher Nevill, an engineer and licensed planner came forward and was sworn in by the board attorney. He described the site to the Land Use Board.

Meeting was opened to the public

No one came forward.

Meeting was closed to the public

Motion: Mayor Marotta mad a motion to approve of the application. Ms. Cocula seconded the motion. ROLL CALL: MAROTTA - Y, WEXLER - Y, RIZZUTO - Y, THEOBALD - Y, SPOERL - Y, COCULA - Y, FERRER - Y, PALADINI - Y, HACK - Y. Passed.

LU# 4-12-7: Mountain Creek Resort, Inc., Block 233, Lot 7.01, Block 231 Lots 12, 12.01, 12.02, 12.03 & 12.04 - Preliminary/Final Site Plan with Use and Bulk Variances for Construction of a New Urgent Care Facility and Helistop Expansion

Note: Mayor Marotta, Chair Theobald, Council Member Rizzuto and Ed Rolando stepped down from this hearing.

Motion: Ms. Cocula made a motion for Mr. Spoerl to stand-in as vice chair as Mr. Tadrick was absent. Ms. Paladini seconded the motion. ROLL CALL: WEXLER - Y, SPOERL - Y, COCULA - Y, FERRER - Y, PALADINI - Y, HACK - Y, RAPERTO - Y. Passed.

John Fetterly, Esq. came forward on behalf of the applicant to discuss the proposed projects to be located in the parking lot of Mountain Creek South.

Mr. Fetterly described the projects located on lot 12 in the CR zone, as follows:

Project #1: Construct an urgent care facility which will be a new principal use and new principal building. Since the CR zone does not permit health services uses, a use variance will need to be approved.

Project #2: Construct a shelter for a helicopter—accessory structure to an existing helistop on the property, which will require DEP permitting. The helistop is a pre-existing, non-conforming use. A D-2 variance will need to be approved for the shelter structure to be built.

Also, Mr. Fetterly advised that several bulk variances and design waivers are being requested. Variances are needed for signage including a variance for 2 signs when 1 is permitted, the width of the signs and wall signage size.

The applicant, Andrew Mulvihill, came forward and was sworn in by the board attorney. Mr. Mulvilhill described where the projects will be located in the parking lot. He said that the urgent care, which is currently operating as Vernon Urgent Care up the street, will service the resort and the public as an extension of the hospital through Atlantic Health.

Mr. Mulvihill explained that the parking will not be affected too much as parking space was opened up in the “pit area” when the tubing hill was moved. Also, Mr. Mulvihill said that Mountain Creek purchased 10 buses to shuttle customers from all of the parking lots. He added, that if need be, additional parking could be made on the Sammis property.

Mr. Mulvihill discussed the helicopter shelter and added that it is very important to have a shelter for the helicopter. He stated that it is comforting to him to know that there is this service in the town in cases of emergencies when patients might need to be air lifted to the hospital.

Richard J. Donovan, the director of transportation for Atlantic Health and founder of Atlantic Ambulance for Atlantic Health came forward. He provided an overview of the use and the licensing to be obtained for the urgent care facility. He explained that Atlantic Health recently obtained Newton Hospital and in order to continue a profitable operation there, outreach is needed. The present operation, Vernon Urgent Care, is not profitable. The new urgent care center would be open from 7 a.m. to 9 p.m. and would mirror the ski hours during the ski season. The operation would be staffed by a physician through Emergency Medical Associates. The rest of the staff would consist of a registered nurse, x-ray techs, and the helicopter crew which consist of a flight nurse and flight paramedic. This facility will be a hospital-based ambulatory care facility and regulated by the Department of Health with their licensing requirements. All of the proposed plans have met that licensing. There will be x-ray facilities in the building. All of the services provided will be integrated with the hospital as the center is an extension of the hospital and will be all-inclusive to the public. Mr. Donovan explained that the current urgent care facility would NOT be able to be licensed to be an off-site hospital based ambulatory care center.

Mr. Donovan estimates that there will be somewhere in the range of 30-35 patients per 12 hour day and will spike during ski season with an additional 30-35 patients.

Mr. Donovan described the helicopter shelter which will be built to be strictly functional. The aircraft needs to be sheltered because it has medication/fluids on board and also needs to be air conditioned and heated for quick take-off. The maintenance will be done in the shelter during bad weather. Currently, the aircraft is flown out every evening to be stored in Netcong which is very costly. There will not be any fuel on site.

Mario Iannelli, engineer, came forward and was sworn in by the board attorney. He explained that flooding should not be an issue and discussed the variances needed as a D-variance for the use, front and side yard variances, variance for coverage and a couple of variances for signage. The proposed building will be 7,000 square feet with (35) 9 x 18 parking stalls.

Mr. Stoner went over his concerns. Ms. Caldwell asked the status of the solar panel application. The applicant advised that the lease has been terminated for the portion to be installed in the south parking lot. The KDC solar application has been reduced to the Sand Hill Road parking lot and the Tissington lot. At this time, the Cobblestone and South parking areas will not be included in the solar panel project.

Nicholas Verderese, traffic engineer, came forward and was sworn in by the board attorney. He advised that the current driveway was built to DOT standards not long ago. The number of trips is projected to be 250 total daily trips—in and out combined. This works out to be about 20 trips per hour. Because this use will generate such a low volume, the applicant will get a Letter of No Interest from the DOT.

Tsvia Adar, planner, came forward and was sworn in by the board attorney. Ms. Adar discussed the project—the variances needed, the negative and positive criteria.

Keith Kammerer, architect, came forward and was sworn in by the board attorney. Mr. Kammerer discussed the design of the building. He explained that all of the mechanicals and condensers will be hidden, all services will be underground and all noise will be contained.

Meeting was opened to the public

No one came forward.

Meeting was closed to the public


D-1 Variance for Urgent Care Facility Use

Motion: Ms. Cocula made a motion to approve of the D-1 Variance. Mr. Ferrer seconded the motion. ROLL CALL: WEXLER - Y, SPOERL - Y, COCULA - Y, FERRER- Y, PALADINI - Y, HACK - Y, RAPERTO - Y. Passed.

D-2 Variance Expansion of Pre-Existing, Non-Conforming Use for Heliport

Motion: Ms. Cocula made a motion to approve of the D-2 Variance. Mr. Ferrer seconded the motion. ROLL CALL: WEXLER - Y, SPOERL - Y, COCULA - Y, FERRER- Y, PALADINI - Y, HACK - Y, RAPERTO - Y. Passed.

C Variances (ground sign, wall-mounted sign)

Motion: Ms. Raperto made a motion to approve of the C Variances. Ms. Cocula seconded the motion. ROLL CALL: WEXLER - Y, SPOERL - Y, COCULA - Y, FERRER- Y, PALADINI - Y, HACK - Y, RAPERTO - Y. Passed.

Preliminary and Final Major Site Plan Approval

Motion: Ms. Cocula made a motion to approve of the site plan. Ms. Paladini seconded the motion. ROLL CALL: WEXLER - Y, SPOERL - Y, COCULA - Y, FERRER- Y, PALADINI - Y, HACK - Y, RAPERTO - Y. Passed.

Design Waiver for Not Meeting Minimum Parking Space Size

Motion: Mr. Ferrer made a motion to approve of the design waiver. Ms. Cocula seconded the motion. ROLL CALL: WEXLER - Y, SPOERL - Y, COCULA - Y, FERRER- Y, PALADINI - Y, HACK - Y, RAPERTO - Y. Passed.

The applicant requested a waiver of the final resolution approval so that the foundation work may commence. Mr. Stoner advised that the construction official may let them start the foundation but they would have to check with him.

Public Participation

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# 11-11-18: Toye Real Estate, LLC, Block 171.17, Lots 6 & 7, - Prel/Major Subdivision, Use Variance & Interpretation for a Pre-Existing Nonconforming Campground

Motion: Ms. Paladini made a motion to approve of the resolution, above. Ms. Wexler seconded the motion. ROLL CALL: WEXLER - Y, SPOERL - Y, PALADINI - Y. Passed.

LU# 2-11-1: Jesse Moore, Block 205.09, Lots 5 & 6, - Extension of Time for Detached Garage

Motion: Mr. Spoerl made a motion to approve of the resolution, above. Ms. Cocula seconded the motion. ROLL CALL: SPOERL - Y, COCULA - Y, FERRER- Y, PALADINI - Y. Passed.

LU# 4-12-8: Angelo Grammatica - Block 145, Lot 5.01, - Minor Site Plan for Parking

Motion: Mr. Spoerl made a motion to approve of the resolution, above. Ms. Cocula seconded the motion. ROLL CALL: SPOERL - Y, COCULA - Y, FERRER- Y, PALADINI - Y. Passed.

Minutes

May 9, 2012 Minutes

Motion: Ms. Paladini made a motion to approve the May 9, 2012, meeting minutes. Mr. Spoerl seconded the motion. ROLL CALL: SPOERL -Y, COCULA - Y, FERRER - Y, PALADINI - Y.

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, J. Caldwell & Associates
      1. Land Use Board Business: Services through 4/25/12 ($440.00)
      2. Land Use Board Business: Services through 5/9/12 ($275.00)
      3. Toye Real Estate: LU# 11-11-18 - Services through 4/25/12 ($302.50)
      4. Mt Creek Urgent Care: LU# 4-12-7 - Services through 6/1/12 ($1,485.00)
      5. T- Mobile: LU# 5-12-10 - Services through 5/31/12 ($137.50)
      6. Mt Creek Master Plan: PB# 2-91-4 - Services through 5/4/12 ($82.50)
    3. Board Engineer: Cory Stoner, Harold E. Pellow & Associates
      1. Land Use Board Business: Services through 4/26/12 ($1,380.00)
      2. Market Square Manag.: LU# 4-11-6 - Services through 4/26/12 ($270.00)
      3. KDC Solar: LU# 8-11-15 - Services through 4/26/12 ($540.00)
      4. KDC Solar: LU# 5-11-11 - Services through 4/26/12 ($84.00)
      5. Toye Real Estate: LU# 11-11-18 - Services through 4/26/12 ($480.00)
      6. T-Mobile: LU# 2-12-3 - Services through 4/26/12 ($180.00)
      7. T-Mobile: LU# 2-12-4 - Services through 4/26/12 ($180.00)
      8. Mt. Creek Day Lodge: PB# 2-08-2 - Services through 4/26/12 ($1,191.00)
      9. NS Enterprises: LU# 1-09-2 - Services through 4/26/12 ($147.00)
    4. Board Recording Secretary: Cynthia Davis - ($67.50)
    5. Courter, Kobert & Cohen: John Ursin, Esq.
      1. KDC Solar: LU# 5-11-15 - Services through 3/21/12 to 4/25/12 ($592.00)

Motion: Ms. Cocula made a motion to approve of the above listed board fees. Ms. Paladini seconded the motion. ROLL CALL: WEXLER - Y, SPOERL - Y, COCULA - Y, FERRER - Y, PALADINI - Y, HACK - Y.

  1. Request for Escrows to be Closed
    1. Carol Giroux: LU# 6-10-4 - Bulk Variance for a Deck ($531.00)

Motion: Ms. Cocula made a motion to approve of the above listed board fees. Ms. Paladini seconded the motion. All were in favor.

Adjournment

Motion: Ms. Cocula made a motion and Mr. Ferrer seconded the motion to adjourn the meeting at 10:00 p.m. All were in favor.

These minutes were transcribed by Cynthia Davis on June 20, 2012 and approved on June 27, 2012.