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 14, 2017

Call to Order

Meeting was called to order by Chairman 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, 2017 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

Chairman Theobald led the assemblage of the flag.

Roll Call  Also Present
Mayor ShortwayNP Glenn Kienz, Board Attorney
John AubergerP Cory Stoner, Board Engineer
Councilmember OomsNP Jessica Caldwell, Board Planner
Martin TheobaldP Kimberley Decker, Board Secretary
Richard SpoerlNP  
Joseph TadrickP  
Andrea CoculaNP  
Ed RolandoP  
Jessica PaladiniP  
Willard McPeek (#1 Alt)NP  
Michael Whitaker (#2 Alt)P  
David Nieves (#3 Alt)P  
Kristi Raperto (#4 Alt)NP  

Chairman Theobald announced that Mayor Shortway, Council Member Ooms, Ms. Cocula, Mr. Spoerl and Mr. McPeek informed the board they would be unable to attend meeting tonight.

Public Hearings

PB# 11-08-7: Rosemark Realty, LLC - Block 93, Lot 6.03, - Final Site Plan - Phase 1 to Renovate and Expand the Existing Barn

Mr. Richard Valenti, from Morris Downing & Shepard firm, came forward as attorney for applicant. Mr. Mark Annunziata was sworn in to testify that he and his wife are owners of the property and explained they began the renovation project with land use approval for Phase 1 in 2008, they are looking to obtain a CO and described the display board of pictures labeled Exhibit A-1, which represents what exists currently on site. Exhibit A-2 was submitted showing seven pictures and status of restoration of the historic building and potential uses.

Mr. Stoner’s engineering report noted requirements in the 2008 resolution which were not completed and questions required 28 parking spaces, new location of dumpster pad and drainage design. Mr. Valenti explains the property is used for commercial businesses and the farm that is across the street. Mr. Stoner states the amended site plan application for Phase 2 will need to include the drainage design and parking plan.

Mr. Kienz explains applicant is looking for final approval to obtain a temporary CO but the board may want to consider setting a date that all improvements must be completed.

Mr. Tadrick asked if the building is occupied now to which Mr. Annunziata answered yes it has been occupied continuously even before he owned it. Ms. Caldwell notes nine requirements from the 2008 resolution: Phase 1 & 2 final site plan; satisfy engineering report; application fees due; taxes paid; Sussex County Planning Board approval; SCSCD approval; zoning approval for light industrial use; two “driveway ahead” signs installed and housing fee or exemption.

Mr. Theobald opened the application to the public and seeing no one wishing to come forward, closed the application to the public.

Motion: A motion was made by Mr. Nieves and was seconded by Ms. Paladini to approve a final site plan - Phase 1 to renovate and expand the existing barn per engineering report and setting a 6-month date to December 31, 2017 to complete outstanding issues or applicant must submit required bond.

ROLL CALL: AUBERGER: Y, THEOBALD: Y, TADRICK: Y, ROLANDO: Y, PALADINI: Y, WHITAKER: Y, NIEVES: Y.
Motion passed.

PB# 2-91-4: Mountain Creek Resort, Inc—2017 Master Plan Update

Ms. Cara Parmigiani, attorney for Mountain Creek stated purpose to come before board annually is to update township on changes or alterations to water park but are consistent with the Mountain Creek master plan and not causing any offsite traffic conditions and maintaining aesthetics. Mr. Jason Bays, general manager, was sworn in to testify and explains he oversees development of the water, ski and bike parks. Ms. Caldwell states the board will be looking for no offsite impacts regarding traffic, runoff or visual impact. Mr. Stoner explained in the 1990s, Mountain Creek was coming before the board for every change or addition and the board determined it would be better to report annually of changes.

Mr. Tadrick questioned what definition of “planned” means next to each feature on submitted water park master plan which Mr. Bays stated he will provide details about each item. Mr. Bays stated attendance in the park has been as high as 250,000 in past years but presently is 210,000 visits and it is important for business to continue to hold market share and we need to look at ways to sustain growth through renovation to stay current. The amenities proposed do not have a large visual impact but are blended with existing attractions in the natural setting and notes that adequate parking spaces is available at the park. Mr. Bays detailed Mountain Creek Water Park master plan dated 04-24-17.

  1. Sandbox - area for 3-11-year-olds to be open by 7-1-2017
  2. Children’s Interactive Wet Play area - two story structure to be built 2018 - 2020
  3. Beach Patio Area - 75 sq. ft. area to lounge to be built by 6-1-2018
  4. Cabinet for Seasonal Retail Use - existing and will continue to operate
  5. Portable Performance Stage - proposed to be built 2018 - 2020
  6. Compactor - receptacle for trash proposed to be built 2018 - 2020
  7. Tiki Bar - existing and will continue to operate
  8. BBQ Station - to be built 2018 - 2020
  9. New Retail Shop - shop to be moved from other location to be built 2018 - 2020
  10. Coffee/Ice Cream Hut - shop to be moved from other location to be built 2018 - 2020
  11. Perimeter Fence - exists around 75% of waterpark but proposed to be 100% around waterpark. Board sets requirement of applicant to repair wooden fence on Route 94 by 6/22/2017 per previous board approval.
  12. Bar - existing and will continue operating
  13. Cart - food cart to be added in 2017 will not impede parking spaces
  14. Temporary Cold Storage - for Mountain Eats Restaurant to be built 2018 - 2020
  15. Reconfigure Large Que Deck - to be built 2018 - 2020
  16. High Anxiety - existing ride and will continue operating
  17. Alpine Pipe Line - Lane #2 planned double tube slide to be built 2018 - 2020
  18. Magic Carpet - for tubing and skiing to be built 2018 - 2020
  19. Surfhill - existing ride and will continue operating
  20. Lodge - existing and will continue to be used
  21. Mountain Coaster - existing but not operational - will be renovated with new technology to open in 2018
  22. Relocated Discovery Center - existing located near great lawn
  23. Expanded Tubing & Ski area with Bag Jumps - existing and will continue operating
  24. River Raft Ride - Lazy river ride to be built 2018 - 2020
  25. Family Raft Ride - 4-person raft ride to replace mat racers to be built 2018 - 2020
  26. Kids Water Play Area - 2 story structure with treehouse theme will replace Jr. Rapids to be built 2018 - 2020
  27. Performance Center & Nature Stage - to be built 2018 - 2020
  28. Performance Stage - on great lawn for concerts or bands, portable stage to be built 2018 - 2020
  29. Dirt Bike Park & Jump - existing and will continue operating
  30. Outdoor Bar - proposed location by wave bar to be built 2018 - 2020
  31. Food Cart - to be open in 2017
  32. H2OHNO/Vortex/Vertigo - existing rides and will continue operating
  33. Family Raft Ride - multiple mat race ride to be built 2018 - 2020
  34. Zero G Water Ride - existing and will continue operating
  35. Cantina - existing establishment and will continue operating
  36. Waffle Hut - existing establishment and will continue operating
  37. Food Cart at Sand Court - to be open in 2017
  38. Water Fall Feature - to be open by July 1, 2017 at entrance to park
  39. Pavilion Roof over Patio - to be built 2018 - 2020
  40. Storage for Food & Beverage - 500-1000 sq. ft. structure to be built 2018 - 2020
  41. Nature Stage - existing and will continue operating
  42. Park Sitting Area -proposed by Colorado River to be built 2018 - 2020
  43. Level Lockers for Food & Beverage for employees & guests to be built 2018 - 2020
  44. Climbing Wall Pool - replacing Cannonball Falls to be built 2017
  45. Kitchen Expansion - in Red Tail Lodge to hold banquets and weddings to be built 2018 - 2020
  46. Loading Carpet -safer & faster lift for Sugar Slope
  47. Ice Cream Stand - location for movable kiosk to be added 2017
  48. New Restaurant Entrance - new entrance for Hawk’s Nest and Red Tail Lodge will be subject to separate application to be built 2018 - 2020
  49. Cliff Jump - new ride replacing Tarzan Swing to be open 7-1-2017
  50. Bumper Boat Arena - small kiddie size boats, 150 sq. ft. pool for 3-11-year-old guests to be built 2018 - 2020

Mr. Kienz suggests that when applicant comes before the board in 2018, only changes occurring in 2018 be submitted. Mr. Stoner explains the importance of updating changes which may need Soil Conservation approval. Ms. Caldwell states she has no issues for what is proposed in 2017.

Mr. Theobald opened the meeting to the public for this application. Seeing no one Mr. Theobald closed the meeting to the public.

Mr. Stoner asked if the name of park will be Mountain Creek Water Park. Mr. Bays stated yes and commented the park is a family oriented fun, safe environment and the name Action Park will not be used. Board discussed parking plan for water park and Mr. Bays explained in 2017, RT 94 traffic will be allowed to pull in north lot to turn around alleviating any backup and will be redirected to Sandhill or South as needed. Mr. Bays commented that maximum guests were 6500 to water park utilizing approximately 1300 spaces daily which is available.

Richard Cline, property manager for Mountain Creek, was sworn in and testified applicant was approved for aerial ropes course previously but will need to amend site plan due to change parking plan, signage plan and location of ticketing operations. Mr. Kienz questioned why Block 190 Lot 9 was included in master plan update in 2017 when it wasn’t in previous years. Mr. Cline explained it probably should not have been but comments that proposed expansion of the day lodge may protrude on Lot 9 which is why it was included. Mr. Kienz stated the resolution will be titled “2017 Updated Waterpark Master Plan Approval” and applicant should plan to come back before the board in February of 2018 for next year’s update.

Motion: A motion was made by Mr. Tadrick and was seconded by Mr. Auberger to approve all site plan additions and amendments as discussed.

ROLL CALL: AUBERGER: Y, THEOBALD: Y, TADRICK: Y, ROLANDO: ABS, PALADINI: Y, WHITAKER: Y, NIEVES: Y.
Motion passed.

Public Participation

Chairman Theobald opened the meeting to the public for items other than those listed on the agenda. Seeing no one coming forward Chairman Theobald closed the meeting to the public.

Resolutions

LU# 4-17-2: Fred Decker & Son - Block 140, Lot 1.01, - Use Variance and Site Plan to Construct a Masonry Garage Addition

Motion: A motion was made by Ms. Paladini and was seconded by Mr. Auberger to approve a resolution for LU#4-17-2.

ROLL CALL: AUBERGER: Y, THEOBALD: Y, ROLANDO: Y, PALADINI: Y, WHITAKER: Y.
Motion passed.

PB# 8-07-9: Kirk Stephens - Block 182, Lots 12.01 & 12.02, - Minor Subdivision Easement Revision

Motion: A motion was made by Ms. Paladini and was seconded by Mr. Auberger to approve a resolution for LU#8-07-9.

ROLL CALL: AUBERGER: Y, THEOBALD: Y, ROLANDO: Y, PALADINI: Y, WHITAKER: Y.
Motion passed.

LU# 6-15-5: MNA Vernon Realty, LLC - Block 141, Lot 10.02, 10.04, & 10.05, - Final Site Plan for Taco Bell

Motion: A motion was made by Ms. Paladini and was seconded by Mr. Whitaker to approve a resolution for LU#6-15-5.

ROLL CALL: AUBERGER: Y, THEOBALD: Y, ROLANDO: Y, PALADINI: Y, WHITAKER: Y.
Motion passed.

Minutes

May 10, 2017: Regular Meeting Minutes (Auberger, Theobald, Cocula, Rolando, Paladini, McPeek, Whitaker)

Motion: A motion was made to approve the above minutes by Mr. Auberger and seconded by Mr. Theobald. All members were in favor. Motion passed.

Appendix A: Escrows, Board Fees, Bond Reductions and Escrow Closures

  1. Board Fees
    1. Board Attorney: Glenn Kienz, Weiner Lesniak LLP
      1. Land Use Board Business: Services through 4/4/17 ($30.00)
      2. Land Use Board Business: Services through 4/27/17 ($686.40)
      3. NWAC: LU# 11-16-11 - Services through 4/12/17 ($176.00)
      4. NWAC: LU# 11-16-12 - Services through 4/21/17 ($1,312.00)
      5. Cellco/Verizon: LU# 9-16-8 - Services through 4/5/17 ($176.00)
      6. HM GG LLC: LU# 1-17-1 - Services through 4/5/17 ($160.00)
      7. Fred Decker & Son: LU# 4-17-2 - Services through 4/19/17 (45.00)
      8. MNA/Taco Bell: LU# 6-15-5 - Services through 4/26/17 ($304.00)
    2. Board Planner: Jessica Caldwell, J. Caldwell & Associates
      1. Land Use Board Business: Services through 4/19/17 ($527.50)
      2. Land Use Board Business: Services through 5/10/17 ($178.50)
      3. MNA/Taco Bell: LU# 6-15-5 - Services through 5/5/17 ($773.50)
      4. Fred Decker & Son: LU# 4-17-2 - Services through 4/19/17 ($345.00)
      5. Fred Decker & Son: LU# 4-17-2 - Services through 5/3/17 ($178.50)
      6. Mountain Creek: PB# 2-91-4 - Services through 5/31/17 ($585.00)
    3. Board Engineer: Cory Stoner, Harold E. Pellow & Associates
      1. Land Use Board Business: Services through 4/12/17 ($250.00)
      2. NWAC: LU# 11-16-12 - Services through 4/27/17 ($697.70)
      3. MNA/Taco Bell: LU# 6-15-5 - Services through 4/26/17 ($462.05)
      4. HM GG LLC: LU# 1-17-1 - Services through 4/13/17 ($62.50)
      5. Rosemark Realty: PB# 11-08-7 - Services through 4/27/17 ($31.25)
    4. Board Recording Secretary: Irene Mills ($52.50)

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

Mr. Stoner explained to board that applicant, Taco Bell, has been working with neighbors over concerns about high glow of lights that were approved and questions if board will allow changes in approval. Board discusses request and approved Mr. Stoner to keep approved lights on front of site by RT 94 but can change back lighting per his discretion to accommodate neighbors’ issues.

Ms. Paladini noted the historical society has hired a consultant for a contract of $189,000, to perform a management plan for the Western Highlands Scenic Byway and requested if any board members would like to attend a NJDOT tour to survey areas on July 12, 2017 @ 1:00 p.m. Anyone interested should contact Ms. Paladini.

Adjournment

Seeing no more board business, a motion was made by Mr. Tadrick to adjourn the meeting and was seconded by Mr. Auberger. All members were in favor.

Meeting was adjourned at 8:45 p.m.

Respectfully Submitted
Irene Mills
Recording Secretary