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, 2018 by delivering to the press such notice and posting same at the municipal building.

Salute to the Flag

Chairman Theobald led the assemblage of the flag.

Roll Call    Also Present
John Auberger P   Steve Tombalakian, Board Attorney
Craig Williams NP   Cory Stoner, Board Engineer
Councilmember Kadish (arrived 7:06) P   Jessica Caldwell, Board Planner
Martin Theobald P   Kim Decker, Board Secretary
Richard Spoerl NP    
Willard McPeek P    
Andrea Cocula P    
Ed Rolando P    
Kristi Raperto P    
Michael Whitaker (#1 Alt) P    
Kelly Mitchell (#2 Alt) P    
Angela Erichsen (#3 Alt) P    
David Zweier (#4 Alt) P    

David Zweier was administered the oath of office as Alternate #4 land use board member.

Public Hearings

LU# 7-18-5: National Winter Activity Center - Block 192.02, Lot 25, - Site Plan to Construct a 20' x 20' Starting Hut at the Top of the Slope

Mr. Rolando stepped down from hearing application due to conflict.

Cara Parmigiana, Esq. came forward representing National Winter Activity Center (NWAC) on application to construct a 20' x 20' x 14.6' starting hut at top of the slope. Application is a minor site plan which complies with all township ordinances and requires no variances. Ms. Parmigiana distributed lighting plan, labeled Exhibit A1, showing locations of LED lights needed for safety reasons.

Mr. Schone Malliet was sworn in to provide testimony on application. Mr. Cory Stoner reported that application is a minor site plan for construction of a starting hut at the existing ski facility and the addition of the accessory structure to the site requires board approval. Mr. Malliet explained the starting hut is needed for skiers while awaiting their turn, gearing up and provides protection from elements. Mr. Malliet added there are two other preexisting structures at top of the hill used for ski patrol and storage and confirmed that the starter hut will be placed on existing solid ground for stability.

Mr. Malliet explained the proposed starting hut will be a 20' x 20' x 14.6' wood stick frame with steel metal roof with garage doors to keep wildlife and snow out. Hut will be the same color as other buildings on site and have small LED lighting pointed downhill for safety of skiers having no negative affect to any residences. Mr. Stoner noted that the site has previously received a Highlands exemption and the proposed starting hut does not change the status.

Mr. Kadish questioned if the proposed starting hut can be seen from the valley as township ordinance generally prohibits building on ridgeline. Mr. Malliet added that the three (3) lights proposed on the hut will not be more than what is already existing and are needed so surface looks clean with no shadows to skiers.

Mr. Theobald opened the meeting to the public.

Sharon Bergman, resident across Hidden Valley Drive, questioned if structure will be permanent with a foundation which Mr. Malliet confirmed. Ms. Bergman commented that since NWAC opened 3-1/2 years ago, applicant has removed trees, boulders, and roots causing major water problems to occur to her property across Breakneck Road and other properties nearby. Ms. Bergman added noisy chainsaws have occurred at 5:50 a.m. by applicant as well as heavy truck traffic leaving debris behind and causing damage to township roadways. Ms. Bergman urged board members to have applicant resolve the water problems and be a better neighbor before providing a decision on the present application.

Mr. Stoner explained that property in question is a construction site and is stable with no silt discharge. Ms. Bergman opined that multiple pipes in the lower parking lot are being directed to one basin and is causing overflow and that heavy truck traffic is damaging Curtis Drive. Mr. Stoner explained he will inspect the site with Mr. Malliet to address drainage concerns of Ms. Bergman. Mr. Stoner added Curtis Drive is a private road and there is a written agreement in place with the homeowners’ association and applicant which was discussed at previous hearings.

Mr. Theobald closed the meeting to the public.

Ms. Parmigiana explained applicant is a non-profit organization whose purpose is to provide healthy outdoor activities and meals for children. Mr. Malliet added NWAC is very proactive in addressing issues brought forward. Mr. Stoner restated he will meet with Mr. Malliet to discuss temporary measures during construction and will report back to the board with status. Mr. Malliet noted that construction will continue into spring of 2019 but the parking lots will be cleared of materials for winter visitor parking.

Motion: A motion was made by Mr. Whitaker to approve application as presented and was seconded by Ms. Cocula.


Ms. Parmigiana requested to waive reading of resolution at own risk so construction may begin. All board members were in favor.

Public Participation

Chairman Theobald opened the meeting to the public for items other than those listed on the agenda.

Seeing no members of the public wishing to come forward, Chairman Theobald closed the meeting to the public.

Mr. Rolando rejoined meeting.


LU# 5-18-4: Vernon Rest. 12267 LLC - Block 145, Lot 4, - Minor Site Plan to Remodel the Burger King Restaurant

Eligible to vote: Auberger, Williams, Kadish, Spoerl, McPeek, Cocula, Raperto, Whitaker, Mitchell

Motion: A motion was made to approve Resolution for LU#5-18-4 by Mr. Auberger and seconded by Ms. Cocula.

Motion passed.


August 22, 2018 - Regular Meeting Minutes (Williams, Kadish, Spoerl, McPeek, Cocula, Whitaker, Erichsen)

Motion: A motion was made to approve minutes of August 22, 2018 by Ms. Cocula and seconded by Mr. Whitaker.

All members voted in favor.
Motion passed.

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

Chairman Theobald announced two additions to Appendix A

  1. Return of Escrow - LU#Coll#4 Antennas Block 190 Lot 20.13 $493.00
  2. Return of Escrow - LU#7-10-5 Monopole Block 82 Lot 2.01 $1,373.38
  1. Board Fees
    1. Board Attorney: Glenn Kienz, Weiner Law Group LLP
      1. Land Use Board Business: Services through 7/27//18 ($416.00)
      2. Land Use Board Business: ($0)
    2. Board Planner: Jessica Caldwell, J. Caldwell & Associates
      1. Land Use Board Business: ($0)
    3. Board Engineer: Cory Stoner, Harold E. Pellow & Associates
      1. Land Use Board Business: Services through 7/25/18 ($125.00)
      2. NWAC: LU# 11-16-11 - Services through 7/20/18 ($62.50)
      3. NWAC: LU# 11-16-12 - Services through 7/20/18 ($375.00)
      4. Mountain Creek Master Plan: PB# 2-91-4 - Services through 7/23/18 ($470.45)
    4. Board Recording Secretary: Irene Mills ($75.00)
  1. Request for Escrows to Be Closed
    1. LU# 10-12-13: Advanced Self Storage - Block 270, Lot 11.02, - Variance to Add Two Storage Bins ($482.60)

Motion: A motion was made to approve the fees and escrows as listed by Mr. McPeek and seconded by Mr. Williams. All members were in favor. Motion passed.

Ms. Decker announced planning variance application is scheduled for the October 10, 2018 agenda. Mr. Kadish requested explanation at next meeting of prescriptive easement in relation to new construction on private roads and problems that could occur.


There being no further items of business to be conducted on the agenda, a motion was made by Mr. Auberger and was seconded by Ms. Cocula. All members were in favor.

Meeting was adjourned at 7:39 p.m.

Respectfully Submitted
Irene Mills
Recording Secretary