Minutes: April 12, 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.

Mayor Shortway and Council Member Ooms were unable to hear the use applications and were excused from attending the meeting. Mr. Tadrick called to say he was unable to attend.

Mr. Theobald asked board members if it was acceptable to move resolutions up in the agenda and members were all in favor.

Resolutions

LU# 11-16-11: National Winter Activity Center - Block 192.01, Lot 13, - Preliminary/Final Site Plan to Construct Cross Country Ski Trails, Cross Country Facility and a Garage/Pump House

Motion: A motion was made to approve the above resolution by Mr. Spoerl and seconded by Ms. Cocula. ROLL CALL: AUBERGER: Y, THEOBALD: Y, SPOERL: Y, COCULA: Y, ROLANDO: Y, PALADINI: Y. MCPEEK: Y, WHITAKER: Y.
Motion passed.

LU# 9-16-8: Cellco Partnership d/b/a Verizon Wireless - Block 173, Lot 6, Preliminary and Final Site Plan with Use and Bulk Variances to Construct a Monopole with Concealment Branches

Motion: A motion was made to approve the above resolution by Ms. Cocula and seconded by Mr. Auberger. ROLL CALL: AUBERGER: Y, THEOBALD: Y, SPOERL: Y, COCULA: Y, ROLANDO: Y, PALADINI: Y. MCPEEK: Y.
Motion passed.

LU# 1-17-1: HM GG LLC - Block 231, Lot 1 & 12.01, - Preliminary and Final Site Plan for an Aerial Adventures Ropes Course

Motion: A motion was made to approve the above resolution by Ms. Paladini and seconded by Mr. Spoerl. ROLL CALL: AUBERGER: Y, THEOBALD: Y, SPOERL: Y, COCULA: Y, ROLANDO: Y, PALADINI: Y. MCPEEK: Y, WHITAKER: Y.
Motion passed.

Public Hearings

LU# 11-16-12: National Winter Activity Center - Block 192.02, Lot 25, - Preliminary/Final Site Plan with Use and Bulk Variances to Construct a Main Lodge Addition

Mr. Kienz discussed combining the amendment for LU#11-16-11 into application LU#11-16-12 on the agenda because the amendment dealt with signage, parking and hours of operation on the entire site. Mr. Theobald asked board members if it was acceptable to combine the two applications and all were in favor. The applicants and board professionals were also in favor of combining amendment into LU#11-16-12.

Ms. Cara Parmigiana, attorney for NWAC, explained the applicant sought to present a unified signage and parking management plan and address any comments the board has about the new plans as NWAC meets the needs of an evolving business and charitable organization.

Mr. Schone Malliet, previously sworn in, testifies the upper parking lot is only for employee and shuttle use and lower lot can either contain 37 lined spaces with 2 buses or can accommodate 88 cars when using parking directors which is depicted on sheet 307 of parking management plan. Mr. Stoner asks for confirmation of # of spaces in upper lot which Mr. Malliet states 43 spaces were approved and emphasizes need for upper lot to be well maintained and in good condition for runoff stability. Mr. Stoner also notes parking lots may have ADA requirement such as ramps or retaining walls as condition of approval and seepage pits may need to be larger for drainage requirements.

Mr. Malliet requests flexibility from the board regarding hours of operation and requests for the facility to be open 7 days a week from 8:00 a.m. - 8:30 p.m.

Mr. Spoerl requests the design for inside floor plan. Mr. Malliet refers to plan and described first floor as space for visitors to put on equipment, storage, bathrooms, and elevator. Second floor includes eating/sitting area, kitchen, and connection to existing lodge with exit to slope side deck. Third floor includes seating area, tables, kitchen area and small office.

Mr. Stoner questions how much interior light will shine out of the large glass windows onto Curtis Drive or Breakneck roads. John Heitler, is sworn in by Mr. Kienz to testify about lighting cut sheets and explains Exhibits A-2 and A-3 and addresses concerns of township engineer.

Mr. Stoner questions how deliveries and fire protection is handled as waiver may be required if there is no loading zone. Mr. Malliet states all deliveries are done at administrative parking lot and the sprinkler system for fire protection is run by the water main from the lake and is always charged.

Mr. Spoerl asked when the temporary stadium lights will be removed from lower parking lot and Mr. Malliet says they will be removed in near future.

Ms. Apte explains all signage concerns have been met by applicant but notes there are four variances needed: # of wall signs, area of wall signs, # of ground signs, and placement of ground sign. Mr. Malliet notes the existing sign located at corner of Rt 515 and Breakneck is Township owned but requests approval to change design of sign but keep exact size and not illuminated.

Board discussed specialized events at NWAC facility requiring offsite parking for increased visitors and if zoning permits will be needed for all events. Board offered conditions that allow applicant to conduct business but must notify township when outside parking arrangements are needed. Mr. Theobald suggested a special event is defined as any event that NWAC will need additional parking outside of location and Mr. Malliet explained events requiring approved parking agreements with outside locations will be preplanned well in advance so not to cause any issues and will notify township by August 1 for following winter.

Mr. Theobald opened the meeting for public comments on application.

Sharon Bergman, 15 Breakneck Road which is directly across from NWAC, was sworn in to testify by Mr. Kienz. Ms. Bergman understands NWAC is non-profit business helping children but feels drainage problems are not being addressed and damaging her property. She notes that NWAC had removed many trees, bushes, boulders causing increased water, rocks & debris draining onto Breakneck Road then across to her property then into stream. She acknowledges water on Breakneck was a prior issue before they purchased resort but feels it has gotten worse since construction and improvements. Ms. Bergman opines the lower parking lot should not have been paved because water runoff now is faster and doesn’t all go in drains. She feels owner is not very considerate to neighbors because of added noise from construction starting early hours of day and delivery trucks staging in lower lot going in and out of Breakneck leaving behind rocks and debris. She urges board not to approve until drainage problems are fixed. Mr. Stoner explains the existing gravel lot did not absorb the water because it was packed down and paving the lower lot directed runoff into the drains. Ms. Bergman restates she will contact the town or engineer when the problems arise.

Layton Bergman, states water problems have been there prior to new owner but the issues need to be addressed because water is still coming across Breakneck Road into his property. He expressed appreciation of him being notified this application was being heard and notes he never received any others. Ms. Decker explains applicant legally goes by the notification list prepared and certified by the tax assessor.

Seeing no one further wishing to come forward Mr. Theobald closed the meeting to the public.

Ms. Paladini expressed concern that in the first approved resolution for NWAC, a condition was set that NWAC must meet with the environmental commission (EC) to address the drainage issues but it never occurred. Mr. Malliet stated he needed to wait until June of 2016 for Soil Conservation and the NJDEP to inspect and noted all requirements were met. Ms. Paladini asked if Mr. Malliet ever met with the environmental commission to which he stated he had met with the EC chairperson. Ms. Paladini asked if Mr. Malliet recalls saying NWAC would test the stream. Mr. Malliet explained the regulatory bodies of Soil Conservation and NJDEP evaluated the stabilization of the site and condition of stream and stated we had no outstanding issues.

Mr. Kienz stated applicant presented sufficient testimony fulfilling all needed information based on needs from township planner and engineer’s reports.

Motion: A motion was made to approve the above application by Ms. Cocula and seconded by Mr. Spoerl. ROLL CALL: AUBERGER: Y, THEOBALD: Y, SPOERL: Y, COCULA: Y, ROLANDO: Y, PALADINI: Y (is in favor of business succeeding but will continue to monitor environmental concerns); MCPEEK: Y.

Public Participation

Mr. Theobald opened the meeting to the public for items other than those listed on the agenda. Seeing no one wishing to come forward, Mr. Theobald closed the meeting to the public.

Minutes

February 22, 2017: Regular Meeting Minutes (Auberger, Theobald, Spoerl, Cocula, Rolando, Paladini, McPeek)

Motion: A motion was made by Ms. Cocula to approve the minutes of February 22, 2017 and was seconded by Ms. Paladini. All members were in favor.
Motion passed.

March 8, 2017: Regular Meeting Minutes (Auberger, Theobald, Spoerl, Cocula, Rolando, Paladini, McPeek, Whitaker)

Motion: A motion was made by Mr. Auberger to approve the minutes of March 8, 2017 and was seconded by Ms. Cocula. 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 2/27/17 ($1,397.59)
      2. NWAC: LU# 11-16-11 - Services through 2/28/17 ($1,008.00)
      3. NWAC: LU# 11-16-12 - Services through 2/22/17 ($352.00)
      4. Cellco/Verizon: LU# 9-16-8 - Services through 2/22/17 ($208.00)
      5. Hans Gross: LU# 11-16-10 - Services through 2/21/17 ($480.00)
      6. HM GG LLC: LU# 1-17-1 - Services through 2/16/17 ($125.00)
   2. Board Planner: Jessica Caldwell, J. Caldwell & Associates
      1. Land Use Board Business: Services through 2/22/17 ($819.00)
      2. NWAC: LU# 11-16-12 - Services through 2/1/17 ($59.50)
      3. Hans Gross: LU# 11-16-10 - Services through 2/2/17 ($119.00)
      4. HM GG LLC: LU# 1-17-1 - Services through 2/15/17 ($345.00)
   3. Board Engineer: Cory Stoner, Harold E. Pellow & Associates
      1. Land Use Board Business: Services through 2/22/17 ($750.00)
      2. MNA/Taco Bell: LU# 6-15-5 - Services through 2/27/17 ($144.45)
      3. NWAC: LU# 11-16-12 - Services through 2/22/17 ($312.50)
      4. Waheguru Gas LLC: LU# 7-16-5 - Services through 2/14/17 ($125.00)
      5. HM GG LLC: LU# 1-17-1 - Services through 2/15/17 ($481.50)
   4. Board Recording Secretary: Irene Mills ($52.50)
   5. Board Professional: Dr. Bruce Eisenstein ($3,525.00)

Motion: A motion was made to approve the fees listed by Mr. Auberger and was seconded by Ms. Cocula. All members were in favor.

Adjournment

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

Meeting was adjourned at 8:44 p.m.

Respectfully Submitted
Irene Mills
Recording Secretary