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 22, 2011

Ms. Paladini, LUB Vice-Chair, 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 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 BorisukNP Michael Garofalo, Esq., Board Attorney
Andrea CoculaP Corey Stoner, Board Engineer
David GornsteinP Dennis Kirwan, Land Use Administrator
Jessi PaladiniP Cynthia Davis, Recording Secretary
Mayor RinkerNP  
Councilmember SeufertP  
Jean MurphyP  
Martin TheobaldNP  
Joseph TadrickNP  
Chris Hack (#1 Alt)P  
Ed Rolando (#2 Alt)P  
Joseph Ferrer (#3 Alt)NP  
Edward Seger (#4 Alt)P  

Note: Meeting was held in the Senior Center due to the heat. Meeting was recorded by cell phone and notes taken by Recording Secretary.

Resolutions

LU# 2-11-3: Mountain Gate LLC, Block 240, Lot 4 - Use Variance

Motion: Mr. Gornstein made a motion to approve this resolution. Ms. Cocula seconded the motion. ROLL CALL: COCULA - Y, GORNSTEIN - Y, MURPHY - Y, PALADINI - Y, HACK - Y.

LU# 5-11-10: Kris Kass, Block 205, Lot 5 - Bulk Variance, Deck

Motion: Council Member Seufert made a motion to approve this resolution. Mr. Gornstein seconded the motion. ROLL CALL: COCULA - Y, GORNSTEIN - Y, MURPHY - Y, PALADINI - Y, SEUFERT - Y, HACK - Y.

2010 Zoning Board Annual Report

Motion: Mr. Gornstein made a motion to adopt this report. Mr. Hack seconded the motion. ROLL CALL: COCULA - Y, GORNSTEIN - Y, MURPHY - Y, PALADINI - Y, HACK - Y, ROLANDO - Y, SEGER - Y.

Minutes

June 8, 2011: Regular Meeting Minutes

Motion: Council Member Seufert made a motion to approve of the 6/8/11 Regular Meeting Minutes. Mr. Gornstein seconded the motion. ROLL CALL: COCULA - Y, GORNSTEIN - Y, PALADINI - Y, MURPHY - Y, HACK - Y.

Public Hearings

LU# 4-11-6: Mountain Creek Resort Inc., Block 141, Lot 2.03 - Master Plan Amendment - Snow Tube Operation to be relocated

Bernd Hefele, Esq. came forward on behalf of Mountain Creek. He explained that Mountain Creek is moving the snow tubing operation from the present location on the south side of Route 94 to the north side of Route 94, where the corn maze had once been located. He said that this location will create a better functioning cohesive operation for the snow tubing patrons who will be shuttled by bus from the ticket booth at the day lodge. He said there will be rubber matting at the bottom of the hill and on an incline at the bottom to stop the tubes from going onto Route 94.

Mr. Mario Ianelli, P.E. of Dewberry-Goodkind, came forward and further explained that the site is to the west and north of the wave pool. He said 10 acres will be disturbed for this project with the area being re-graded to create a wave effect. The grading is currently 16 percent and will remain about the same. A lift and security fence will be added. He said that they had received the approval from Sussex County Soil Conservation to move soil today.

Corey Stoner discussed his review of the amended plan. One concern is natural drainage during the Spring season to which Mr. Ianelli said that the way the site is designed there will not be any added run-off with the power line road, condos and cut-off drains on the slopes. He will provide calculations and information for Mr. Stoner to review. With regard to Mr. Stoner’s concern about the room at the bottom of the tube ride, it was stated that there will be a flat area about 100' at the bottom of the slope and the land will slope upward to stop the tube rides. Mr. Stoner asked, and it was confirmed, that this is a balanced site in that there will be no fill leaving or coming into the site. He also asked, and it was confirmed, that grass would be growing on the site by the end of this year. Mr. Stoner asked that Mountain Creek get a letter from the DOT specifying that they are able to use the current roadway for the shuttle bus drop off and turnaround. He also requested that a sign be installed at the access driveway stating “Authorized vehicles only.” Mr. Stoner asked about the lighting. It was stated that the tubing will be operating until 8 p.m.

Meeting was opened to the public

No one came forward.

Meeting was closed to the public

Mr. Garofalo stated that in this matter, there is no variance being requested and the MLUL is not being triggered. Therefore there is no need to vote on this amendment to the Mountain Creek Master Plan.

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

Closed meeting to the public

Escrows, Board Fees and Bond Reductions

  1. Board Fees
    1. Board Attorney: Michael Garofalo, Laddey, Clark & Ryan, LLP
      1. Land Use Board Business: Services through 5/1/11 to 5/31/11 - ($1,230.00)
      2. Mountain Creek Day Lodge: PB# 2-08-2 - Services through 5/31/11 - ($75.00)
      3. Elizabeth Colfax Turner: LU# 5-11-8 - Services through 5/31/11 - ($45.00)
      4. Alan & Nancy E. Saccente: LU# 5-11-9 - Services through 5/31/11 - ($360.00)
      5. KDC Solar, LLC: LU# 5-11-11 - Services through 5/31/11 - ($300.00)
      6. Chris & Carol Kaas: LU# 5-11-10 - Services through 5/31/11 - ($37.50)
    2. Board Engineer: Cory Stoner, Harold E. Pellow & Associates
      1. Land Use Board Business: Services through 4/29/11 to 6/2/11 - ($810.00)
      2. Solar Ordinance Review Services through 4/29/11 to 6/2/11 - ($226.00)
      3. Red Oak Properties: LU# 5-09-9 - Services through 6/2/11 - ($60.00)
      4. Mountain Creek Day Lodge: PB# 2-08-2 - Services through 6/2/11 - ($932.50)
      5. Market Square Management: LU# 4-11-6 - Services through 6/2/11 - ($420.00)
      6. Alan & Nancy E. Saccente: LU# 5-11-9 - Services through 6/2/11 - ($364.25)
      7. KDC Solar, LLC: LU# 5-11-11 - Services through 6/2/11 - ($240.00)
    3. Board Planner: Jessica Caldwell AICP, Harold E. Pellow & Associates
      1. Land Use Board Business: Services through 4/29/11 to 6/2/11 - ($339.00)
      2. Solar Ordinance Review Services through 4/29/11 to 6/2/11- ($621.50)
      3. Market Square Management: LU# 4-11-6 - Services through 6/2/11 - ($621.50)
      4. KDC Solar, LLC: LU# 5-11-11 - Services through 6/2/11 - ($226.00)
    4. Board Recording Secretary: Cynthia Davis
      1. Services through 6/10/11 - ($45.00)
  2. Request for Escrows to be Closed
    1. None

Motion: A motion was made by Council Member Seufert to approve of the above listed Board Fees. Mr. Gornstein seconded the motion. ROLL CALL: COCULA - Y, GORNSTEIN - Y, MURPHY - Y, PALADINI - Y, SEUFERT - Y, HACK - Y, ROLANDO - Y, SEGER - Y.

Adjournment

Mr. Gornstein motioned and Mr. Hack seconded the motion to adjourn the meeting at 7:50 p.m. All were in favor.

These minutes were transcribed by Cynthia Davis on July 7, 2011.