Minutes: January 11, 2017

Call to Order

Mr. Tadrick 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 18, 2016 by delivering to the press such notice and posting same at the municipal building.

Salute to the Flag

Flag salute was previously done at reorganization meeting.

Mr. Kienz stated that Mayor Shortway’s absence is excused as he is unable to hear the use variance application.

Public Hearings

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

Michael Stanzione, attorney on behalf of Cellco Partnership stated application is to construct monopole on site located at 1636-1638 RT 565 in Vernon Block 173 Lot 6. Mr. Kienz stated Ms. Ooms is unable to hear application and must step down due to it being a use variance.

Mr. Kienz stated applicant has a stenographer present and notes that transcription will become official record for file and minutes and should be provided to land use board secretary.

Mr. Tadrick made a motion upon recommendation of Mr. Kienz for applicant to perform a balloon test for residents and board with total cost to be paid by applicant via escrow account. Ms. Paladini seconded the motion and all members were in favor.

Mr. Kienz stated that when date for balloon test is finalized, applicant will provide to LUB secretary to add to town website. Tentative date was decided to be January 28th, weather permitting with backup date on February 4th between hours of 9:00 a.m. - 12:00 p.m.

Mr. Kienz stated application will be carried to the February 8, 2017 meeting with no further notice required.

The board took a five-minute recess at 8:31 p.m.

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

Debra Nicholson, attorney for applicant states there are a few items needed from board engineer for completeness. Mr. Stoner states waivers requested were: sealed survey map; traffic impact analysis; a DEP LOI delineating wetlands, final developer’s agreement if requested by board and maintenance bond if required. Mr. Stoner explains waiver for completeness will be granted if testimony is presented and notes DEP will require LOI when applicant applies for permits. Mr. Kienz asks board if that is acceptable and all answer in affirmative.

Ms. Nicholson states she has been in contact with counsel to settle agreement in place between homeowners association regarding clause if former owner went bankrupt, rights to homeowners association were all terminated. The HO agreement is limited to access easement to get to lake but the rights and summer opportunities like basketball and tennis are all exterminated.

Ms. Nicholson states the application for the cross-country trails include construction of snow banks and paths and does not contain any construction of structures. Ms. Nicholson explains documents provided to land use board answers questions and concerns of board engineer and planner and is a written commitment to address any outstanding items.

Schone Malliet, states NWAC is dedicated to improve the life health & fitness of youth ages 6-17 through winter activities and the multi-session curriculum where mentors teach through healthy meals and fitness from skiing, snowboarding, cross-country and snowshoeing. He adds it is important to reduce Type 2 diabetes and obesity in youth and teach impact of anti-bullying programs to a lifestyle children can enjoy. The guided principle is having a youth run facility where no adults use the skiing facilities and the youth benefit educational to improve their health.

Mr. Malliet stated the facility will be open for operation 12 weeks per year, on a weekend day from 7:30 a.m. - 4:00 p.m. and Tuesday and Thursday evenings for about 4380 hours or 7% of a year. The proposed cross-country program will on a typical day have 5 trips from base to path using a 12-passenger van to transport approximately 60-100 participants. The application includes three components: trails, equipment/garage building and a warming hut. The trails are built by snow with resilient vegetation, planting 251 new trees and removing 6 existing ones. The garage will house pumping equipment, snow groomer and maintenance equipment. The warming hut will include bathrooms for youth, changing facility and place for prepackaged snacks transported from base.

Mr. Malliet stated it is the intention to serve youth from agencies from YMCAs, schools, charity youth groups which included 800 in 2015/2016 and looks to double that in coming year. He adds the NWAC is part of the homeowners association and has discussed issues and concerns and will address to be a good neighbor to the community. The building will be 3000 sq. ft. to house the groomer, pumping equipment and notes the lake will be used for snowmaking.

Ms. Nicholson questions if garage and warming hut are necessary to be built for cross-country trail application to which Mr. Malliet stated we could do without but would be more efficient and practical.

Ms. Nicholson presented two exhibits of old pictures, not dated of Hidden Valley pool labeled A-1 and of Hidden Valley tennis court labeled A-2 and asked Mr. Malliet for an estimate how many people utilized the previous facilities and parking areas. Mr. Malliet approximated 100 people at any time could have used the pool, tennis courts, softball field which there seemed to be adequate parking available. Ms. Nicholson added historically the area is not virgin land but was a developed site and that NWAC is only redeveloping the purpose. Mr. Malliet explains that while the youth will be transported in a van needing smaller parking area, the cross-country facility may be available in future to serve high schools so parking should not be reduced. Ms. Nicholson asked Mr. Malliet when will the facility reach full capacity of participants which he answered 2020.

Planner Ms. Caldwell asked how the snack food will be transported to the warming hut. Mr. Malliet explained that the lodge does have a kitchen but no food preparation will be done there and snacks will be prepackaged and driven by van to the warming hut.

Mr. Spoerl questioned why opening was delayed and why there were three rows of cars this past Sunday in lots which Mr. Malliet said weather delayed opening and NWAC has agreements with Mountain Creek and ACME for parents to park and our intention is to allow bus parking only. Mr. Stoner added lots are striped for busses only and staff is approved to park on gravel up above. Mr. Malliet explained of unique group of youth who couldn’t come by bus and parents were directed to park at ACME and Mtn. Creek.

Ms. Paladini asked for confirmation that no adults ever ski there including ski patrol, instructors which Mr. Malliet stated adults employed as instructors and ski patrol are only allowed.

Ms. Cocula asked if liquor license is still active for the facility. Mr. Malliet explained the liquor license is an asset to the property which the charity acquired with the sale, and adds there is no intention to serve liquor as the bar has been removed.

Mr. Tadrick asked if NWAC has made snow yet this year. Mr. Malliet said no snow has been made yet and clearing of pool, tennis courts and basketball courts is complete. Ms. Nicholson explains the homeowners association lost access to these amenities but have access easement to the lake.

Mr. Tadrick Opened Application to Public Comments

Tom Heath, questions how applicant can estimate the amount of people using facility from old pictures and asks if a van is transporting youth, why are 75 parking spaces needed? Mr. Malliet explained board requested 61 spaces and there was room for more so it was added to plans. Ms. Caldwell explained the township code requires 43 spaces for this use or a variance would be needed. Tom queried the code is for a property used 7 days a week, not for a use only being bussed and adds there have been cars parked for the last 3 weeks. Tom confirmed the hours of operation and asked when the snow guns will be operated? Mr. Malliet stated weather depending, equipment will not be running between hours of 11:00 p.m. and 7:00 a.m. and will do best we can to not do anything to affect neighbors. Ms. Nicholson adds employee training will limit overnight snowmaking but unreasonable restrictions should not be added for the approved use of ski area. Mr. Stoner stated that the board will approve the hours of operation.

Jerry Levy, resident of Curtis Drive and HOA trustee, asks why is the board waiving the LOI which is required by the DEP? Mr. Stoner adds approval will be contingent upon needed DEP permits and possibly an LOI and did show buffers on plans. Mr. Levy questions if applicant recognizes this is a residential area and has done everything to limit activity for residents. Mr. Malliet answers NWAC has moved lights, committed to limit noise between 11:00 p.m. - 7:00 a.m., made landscaping improvements and have met with homeowners to hear concerns.

Tim Kempson, president of HOA, is concerned of lights in parking areas and maintaining residential values which Ms. Nicholson said a witness will address. Mr. Kenason questions if high schoolers can use facility, will that increase traffic on private road which Mr. Malliet said he has no control over road.

Joann Jordan, asks if there is a mediation plan for EMS should the van or other vehicles break down closing road? Mr. Malliet the site has a mediation plan should medivac or snowmobile need to access patients. Ms. Jordan questions will all easements on the site be respected as there is a line to the pump house under road which Mr. Stoner stated all easements will be honored.

George Nikanorov, questions how applicant will insulate the lighting and noise to existing homeowners? Mr. Malliet states lighting on cross country trail is solar, 2 meters high and down lit and snow making equipment is very efficient with no mechanical sounds. Mr. Nikanorov asks what will cross country path be used for in summer and is there any public access which Mr. Malliet said they have no plans to use it in summer and there is no public access.

Beverly Budz, questioned number of trees removed 6 or 600? Mr. Malliet said landscaped architect will testify on tree plans. Ms. Budz asked what building is on picture submitted which Mr. Kienz named P-1, discussion it may be lift station for slope.

Mr. Tadrick asked what kind of security on premises. Mr. Malliet said they may install cameras and security team makes rounds of property.

Application Closed to Public Comments

Board and applicant agree to carry LU# 11-16-11 and LU# 11-16-12 to special meeting on January 31, 2017 at 7:00 p.m., pending room availability with cost to applicant of $1000.00 with no need to re-notice

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

Public Participation

Open Meeting to the Public for Items Other than Those Listed on the Agenda

Beverly Budz, stated that snow making equipment from NWAC is pointed towards Breakneck Road causing hazardous road conditions and has left message for Police Chief Mills. Mr. Stoner stated that is an operational issue and must be brought to attention of mayor, police or zoning as land use board not authorized to enforce.

Close Meeting to the Public

Resolutions

LU# 10-16-9: Kaching - Block 141, Lot 12.04, - Amended Use Variance along with Preliminary and Final Site Plan Approval to Construct a Building to Include Storage and Offices for a Paving and Seal Coating Business

Motion: Andrea Cocula
Seconded: Richard Spoerl
Roll Call: SPOERL: Y; COCULA: Y; ROLANDO: Y; PALADINI: Y; MCPEEK: Y; WHITAKER: Y.

LU# 7-16-5: Waheguru Gas, LLC - Block 145, Lot 1.02, - Minor Site Plan with Use and Bulk Variances to Install a Canopy Over Existing Fuel Pumps

Motion: Richard Spoerl
Seconded: Andrea Cocula
Roll Call: SPOERL: Y; ROLANDO: Y COCULA: Y; PALADINI: Y; MCPEEK: Y; WHITAKER: Y.

Minutes

November 9, 2016

Motion to approve regular meeting minutes of November 9, 2016 was made by Ms. Cocula and seconded by Mr. Spoerl. Roll Call: SPOERL: Y; COCULA: Y; ROLANDO: Y; PALADINI: Y; MCPEEK: Y; WHITAKER: Y.

November 23, 2016

Motion to approve regular meeting minutes of November 23, 2016 was made by Ms. Cocula and seconded by Mr. Rolando. Roll Call: SPOERL: Abstain; COCULA: Y; ROLANDO: Y; PALADINI: Y; MCPEEK: Y; WHITAKER: Y.

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 8/23/16 ($480.00)
      2. Land Use Board Business: Services through 11/28/16 ($592.00)
      3. NWAC: LU# 6-15-6 - Services through 11/16/16 ($80.00)
      4. NWAC: LU# 11-16-11 - Services through 11/23/16 ($701.00)
      5. NWAC: LU# 11-16-12 - Services through 11/22/16 ($45.00)
      6. Cellco/Verizon: LU# 9-16-8 - Services through 11/9/16 ($128.00)
      7. Kaching: LU# 10-16-9 - Services through 11/9/16 ($176.00)
      8. Hans Gross: LU# 11-16-10 - Services through 11/7/16 ($45.00)
      9. Waheguru Gas LLC: LU# 7-16-5 - Services through 11/9/16 ($128.00)
   2. Board Planner: Jessica Caldwell, J. Caldwell & Associates
      1. Land Use Board Business: ($0)
      2. NWAC: LU# 11-16-12 - Services through 11/30/16 ($526.50)
      3. NWAC: LU# 6-15-6: Services through 11/29/16 ($351.00)
      4. Cellco/Verizon: LU# 9-16-8 - Services through 11/7/16 ($643.50)
      5. NWAC: LU# 11-16-11 - Services through 12/30/16 ($1,521.00)
   3. Board Engineer: Cory Stoner, Harold E. Pellow & Associates
      1. Land Use Board Business: Services through 11/9/16 ($375.00)
      2. MNA/Taco Bell: LU# 6-15-5 - Services through 11/23/16 ($510.18)
      3. Mountain Creek Master Plan: PB# 2-91-4 - Services through 11/29/16 ($345.70)
      4. NWAC: LU# 6-15-6 - Services through 11/29/16 ($1,269.85)
      5. NWAC: LU# 6-15-6 - Services through 11/13/16 ($2,197.25)
      6. NWAC: LU# 11-16-11 - Services through 11/29/16 ($281.90)
      7. NWAC: LU# 11-16-12 - Services through 11/30/16 ($1,519.85)
      8. Andrew Borisuk: LU# 4-16-3 - Services through 11/22/16 ($101.83)
      9. Cellco/Verizon: LU# 9-16-8 - Services through 11/7/16 ($660.15)
      10. Hans Gross: LU# 11-16-10 - Services through 11/18/16 ($94.40)
      11. Waheguru Gas LLC: LU# 7-16-5 - Services through 10/10/16 ($344.40)
      12. Kaching: LU# 10-16-9 - Services through 11/7/16 ($599.45)
      13. Kaching: LU# 10-16-9 - Services through 10/27/16 ($236.00)
      14. Wilson Facility: LU# 6-15-8 - Services through 10/6/16 ($266.60)
   4. Board Recording Secretary—Irene Mills - ($75.00)

Motion was made by Ms. Cocula to approve all board fees and was seconded by Mr. Rolando and all members were in favor.

2. Request for Escrows to Be Closed
   1. ZB# 10-06-17: Sally Rinker - Block 122, Lot 1, - Final Major Subdivision, Request for Escrow to be Released ($95.00)

Board Member Comments

Ms. Paladini reported that the resolution of approval for National Winter Activity Center specified the applicant had to meet with the environmental commission to resolve the commission’s concerns about the project. NWAC and environmental commission chairwoman Sally Rinker prohibited the commission members from going to the NWAC site to inspect it. However, two days after prohibiting the commission members from visiting the site, Sally Rinker and commission member Diane Wexler went to the NWAC site without the knowledge of the other environmental commissioners. After visiting the site, Diane Wexler, who is also the liaison to the land use board gave a report to the land use board, saying all of the environmental commission’s concerns have been resolved. Ms. Paladini was reporting on behalf of the environmental commission that Ms. Wexler’s report was a misrepresentation, and to date the commission’s concerns regarding NWAC have not been resolved.

Adjournment

Ms. Cocula made a motion to adjourn meeting and Mr. Tadrick seconded, commotion occurred, meeting adjourned at 10:20 p.m.