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

Minutes: May 9, 2012

Mr. Theobald called the meeting to order at 7:28 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 MarottaNP Gary Kraemer, Esq., Board Attorney (sub)
Diane WexlerNP 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)NP  
Ed Rolando (#2 Alt)P  
Valerie Seufert (#3 Alt)NP  
Kristi Raperto (#4 Alt)P  

Public Hearings

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

The applicant, Mr. Moore, came forward and explained that last year he applied and was granted a variance to subdivide a lot and to add a lot to his lot and to build a garage. He has purchased the land and would like to obtain a 3-year extension due to the economy to build the garage.

Mr. Kraemer commented that 3 years is a long extension.

Meeting was opened to the public

No one came forward.

Meeting was closed to the public

Motion: Ms. Cocula made a motion to grant Mr. Moore a 2-year extension on his approval to build the garage. Mr. Rolando seconded the motion. ROLL CALL: RIZZUTO - Y, THEOBALD - Y, SPOERL - Y, COCULA - Y, FERRER - Y, PALADINI - Y, ROLANDO - Y, RAPERTO - Y. Passed.

PB# 2-91-4: Mountain Creek Resort, Inc., Block 183, Lots 12.01 & 13, Block 184, Lots 10, 12-16, 18, 25 & 25.01, Block 190, Lots 9, 10 & 10.01, - Water Park Master Plan Update

Mr. Stoner explained that Mountain Creek is required to update the board on any proposed projects planned for the water park. Last year plans were submitted to Mr. Stoner and, subsequently to a subcommittee, for their review to determine whether or not the proposed projects for this year required a site plan or, alternately if the projects were minor enough in scope, they would just be presented to the board in Mountain Creek’s annual Master Plan update.

John Fetterly, Esq., General Counsel to Mountain Creek came forward. Andrew Mulvihill, President of Mountain Creek and Gene Mulvihill came forward.

Mr. Mulvihill described the previously approved rides which included: The Zip Line which has been installed but is not operating yet, the Sonic Boom and the Swing which have not been installed but are in the process of being reviewed by the State. He went on to report that the construction for the Screaming Eagle will start this week. He explained that the State review process takes over a year for approval. Mr. Mulvihill added that the Mountain Coaster has been constructed and is also awaiting State approval.

Mr. Mulvihill discussed the challenges encountered with the new snow tubing hill. He said that re-grading is needed and will be done to correct the speed at the bottom of the ride. There will be summer tubing on the hill called “dry tubing.” During the Fall, the tubing hill will become a ski hill and then in December, the snow tubing will be re-installed.

Mr. Mulvihill discussed the new proposed rides including the Aerodium (shoots air to allow people to fly), Hydro Magnetic Rocket (water slide where you can go uphill), Lazy River Ride, Kracken Racer (water slide race), Double Shot (launches 12-16 riders 80 feet), Kids Spray Ground, Bungee Jump, Dirt/Mountain Bike Park—expanding current area to a family attraction with easier trails, Performance Stage for music, and Sports Fields with sports challenges held daily producing a “Champ for the Day” (tennis, hockey shot, soccer shot, football defender, golf shot).

With regard to Mr. Stoner’s concerns, Mr. Mulvihill explained that with their current goal of visitors (300,000), this would equal half of what the park used to draw when it started so impact would not be affected.

Mr. Stoner said that most of his questions had been answered. He confirmed that none of the new rides will require major grading and that parking should not be an issue.

Mr. Mulvihill reported that the Mountain Coaster, Bungee jumping, Zip Line and Screaming Eagle along with the dry tubing will be installed for this summer. Approximately, half of the other rides are tentatively planned to be installed in 2013 and the other half in 2014.

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

Stephen McGee, Esq. and James Glasson, Civil Engineering, Inc. came forward. Mr. McGee explained that this property is located next to the Burger King where the Zimmerman Law Offices were previously. The applicant would like to open a pizzeria at the site and is purchasing the building this month. However, the restaurant cannot operate until it is hooked up to the sewer line which may possibly happen in June or July.

Mr. Grammatica was sworn in by the board attorney. He advised that the restaurant would be open Mon-Thurs and Sunday from 11 a.m. to 10 p.m. and Friday and Saturday, 11 a.m. to 11p.m. The deliveries will be done later at night, after 9:00 pm and on, taking approximately 15 minutes to unload.

Mr. Glasson was sworn in by the board attorney. He explained that the building on the property is in conformity with the TC zone. Mr. Glasson discussed the re-design of the parking lot and the waivers requested. He discussed the items listed on Mr. Stoner’s review letter.

Meeting was opened to the public

Mr. Anthony Cwirko, 6 Indian Trail, Vernon, came forward and commented on a few issues including the parking lot being small; the applicant cannot guarantee that the deliveries will consistently be arriving at 10 pm.; there is no granite in the parking lot as required by the town center; and, the sign is not up to regulation at 0 feet from the property line when 15 feet is required, the height required for sign is 8 feet and the sign is 3 feet high (Ms. Caldwell advised that since the sign is existing, it is “grand-fathered”).

Meeting was closed to the public

Mr. Rizzuto asked if there would be a safety issue with the parking lot. Mr. Stoner said that it is a “tight” site but the plan makes it better than it was. Any business would have the same issue. Mr. Theobald commented that he does not see delivery or garbage pick-up a big issue—no area is perfect and this area has been re-designed the best way with what’s available at the site.

Motion: Ms. Cocula made a motion to approve of the parking site plan with the changes suggested by Mr. Stoner and that it is stipulated that employees park in the back parking area. Mr. Ferrer seconded the motion. ROLL CALL: RIZZUTO - Y, THEOBALD - Y, SPOERL - Y, COCULA - Y, FERRER- Y, PALADINI - Y, ROLANDO - Y, RAPERTO - Y. Passed.

Mr. McGee requested that the applicant be able to go forward with the project prior to the resolution being approved and signed.

Motion: Mr. Spoerl made a motion for the applicant to move ahead with the project at his own risk prior to the resolution being approved. Ms. Cocula seconded the motion. All were in favor.

Resolutions

LU# 2-12-3: T-Mobile Northeast, LLC, Block 233, Lot 7.01, Conditional Use Site Plan to Maintain an Antenna Concealed within the Existing Cupola

Eligible to vote: Marotta, Rizzuto, Theobald, Spoerl, Ferrer, Paladini, Rolando, Raperto

Ms. Decker read the changes to the resolution.

Motion: Mr. Spoerl made a motion to approve of the above resolution with the changes read into the record. Mr. Ferrer seconded the motion. ROLL CALL: RIZZUTO - Y, THEOBALD - Y, SPOERL - Y, FERRER - Y, ROLANDO - Y, RAPERTO - Y. Passed.

LU# 2-12-4: T - Mobile Northeast, LLC, Block 199.10, Lot 4, Conditional Use Site Plan to Maintain an Antenna on a Roof

Eligible to vote: Marotta, Rizzuto, Theobald, Spoerl, Ferrer, Paladini, Rolando, Raperto

Motion: Mr. Spoerl made a motion to approve of the above resolution with the same changes as read into the record prior. Mr. Ferrer seconded the motion. ROLL CALL: RIZZUTO - Y, THEOBALD - Y, SPOERL - Y, FERRER - Y, ROLANDO - Y, RAPERTO - Y. Passed.

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

Minutes

April 25, 2012 Minutes

Motion: Mr. Theobald made a motion to approve the April 25, 2012, meeting minutes. Mr. Rolando seconded the motion. ROLL CALL: THEOBALD -Y, SPOERL -Y, ROLANDO - Y, RAPERTO - 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, Harold E. Pellow & Associates
      1. Land Use Board Business: Services through 3/29/12 ($282.50)
      2. Toye Real Estate: LU# 11-11-18 - Services through 3/29/12 ($113.00)
      3. T-Mobile: LU# 2-12-3 - Services through 3/29/12 ($508.50)
      4. T-Mobile: LU# 2-12-4 - Services through 3/29/12 ($628.50)
    3. Board Engineer: Cory Stoner, Harold E. Pellow & Associates
      1. Land Use Board Business: Services through 3/29/12 ($690.00)
      2. Market Square Manag.: LU# 11-11-17 - Services through 3/29/12 ($360.00)
      3. KDC Solar: LU# 8-11-15 - Services through 3/29/12 ($510.00)
      4. Peter Tczap: LU# 3-12-6 - Services through 3/29/12 ($120.00)
      5. Toye Real Estate: LU# 11-11-18 - Services through 3/29/12 ($300.00)
      6. T-Mobile: LU# 2-12-3 - Services through 3/29/12 ($120.00)
      7. T-Mobile: LU# 2-12-4 - Services through 3/29/12 ($120.00)
      8. Daniel O’Keefe: LU# 2-12-5 - Services through 3/29/12 ($90.00)
    4. Board Recording Secretary: Cynthia Davis - ($90.00)
  2. Request for Escrows to be Closed
    1. None

Motion: Mr. Spoerl made a motion to approve the above board fees and escrows. Mr. Ferrer seconded the motion. All were in favor.

Mr. Stoner advised that KDC Solar is moving ahead with their solar projects. The solar panels in the parking lots has been narrowed down to one lot—sand hill lot.

Adjournment

Motion: Ms. Cocula made a motion and Mr. Ferrer seconded the motion to adjourn the meeting at 8:45 p.m. All were in favor.

These minutes were transcribed by Cynthia Davis on May 23, 2012.