Minutes: April 10, 2019

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 14, 2019 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.

Record reflects that Mayor Shortway, Ms. Erichsen, Ms. Mitchell and Ms. Raperto informed board of their absence.

Public Hearings

LU# 2-19-2: Viviana Florea - Block 230.10, Lots 5 & 6, - Minor Subdivision with Variances

Mr. James Opfer, attorney for applicant, came forward with Ms. Viviana Florea, owner of Lot 6 and Glen Rusinack, owner of Lot 5 who were sworn in by board attorney to provide testimony in request for minor subdivision. Mr. Opfer explained request is for a lot line change with three variances with no new development proposed. He explained that with the approval of the subdivision, both lots which are previously non-conforming will be more conforming than present.

Ms. Florea stated reason for application is to add acreage to the backyard for recreational use. Mr. Rusinack stated he was in agreement to transfer a portion of his existing parcel to Ms. Florea as the land which will be more beneficial to the Florea family.

Ms. Caldwell stated in her report dated February 25, 2019 that the proposed subdivision would make the two properties more regularly shaped from a planning perspective, but both lots would continue to be undersized for the zone and require a Variance. Ms. Florea stated there are no known negative impacts to the neighbors should subdivision be approved. Ms. Caldwell explained that Mr. Rusinack bought the adjacent lot connecting his and Ms. Florea’s through a tax sale many years ago and since it was unbuildable his two lots were combined. Ms. Caldwell offered that in the original approved subdivision, three lots were created in area that two now exist proving a better non-conformity situation.

Mr. Stoner stated the application was deemed complete with no further engineering issues other than variances noted by planner. He added it is in more favor to have larger lots to allow space for water supply and septic systems. Mr. Stoner explained that should the application be approved, the minor subdivision must be perfected by deed and reviewed by board attorney and engineer prior to be recorded.

Mr. Williams questioned what the lot size requirement was in the original subdivision. Mr. Stoner explained the original subdivision was perfected in 1953 and at some point, lot size requirements in this zone were increased based on water/septic area needed.

Chairman Theobald opened the meeting to the public. Seeing no one from the public wishing to come forward, Chairman Theobald closed the meeting to the public.

Motion: A motion was made to approve LU # 2-19-2 as presented by Ms. Cocula and seconded by Mr. Williams.

ROLL CALL: WILLIAMS: Y AUBERGER: Y; SPOERL: Y; MCPEEK: Y; COCULA: Y; WHITAKER: Y; MELE: Y; THEOBALD: Y.
Motion passed.

PB# 2-91-4 : Mountain Creek Master Plan Update

Chris Haggerty, operations manager, Mountain Creek Resorts came forward to present the 2019 master plan update to the land use board. Mr. Stoner explained to newer board members that Mountain Creek Resorts filed a master plan with the township in 1992 and every year Mountain Creek is required to update the board on minor additions or changes with signs, parking lots, small structures that could affect traffic flow or stormwater erosion.

Mr. Haggerty highlighted the operational changes as noted on the listed items on plans dated February 22, 2019:

• #1 Kids Spray Grounds - planning to construct children’s water spray area utilizing existing pool no longer in use.
• #2 Thunder Falls - existing ride to be reverted back to a body slide which will require NJDCA approval.
• #3 Pathway Lighting - addition of pathway lighting, possibly solar powered permanent fixtures in water park area due to nine planned night-time events.
• #36 Addition of three telephone poles to mount solar lighting for same purpose.
• #4 Mid-Hill Bathroom Updates - Interior renovations of existing structure.
• #5 Viewhouse Bathroom Updates - Interior renovations of existing structure.
• #6 Permanent Ski Box - In 2019, the resort will be exploring permanent structure in back of lodge to improve rental process creating better flow for visitors. Mr. Stoner explained a temporary structure made of four “Sea” boxes, T-11 siding with metal roof was put up in 2018 with requirement of removal by June 1, 2018 by zoning officer. Mr. Haggerty stated temporary structure will be taken down and if needed for 2019 winter, he is aware that zoning approval must be obtained.
• #22 Bike Progression Area - Plan to regrade area behind the Ski Box to accommodate a beginner area for mountain bikers. Mr. Stoner stated that Sussex County Soil Conservation District approval must be obtained if disturbance over 5000 sq. ft is planned.
• #29 Climbing Wall (Aqua Climb) plan to install climbing wall in existing pool where cannonball ride was pending DCA approval.
• #34 Cliff Jump (Tarzan) re-introduce tarzan swing with lower platforms per building department, board of health and DCA approvals.
• #35 Lilly Pads - Intend to create series of lily pads with rope for children to cross existing pool pending DCA approval.
• #39 Fry Box - install used structure to serve as small 10' x 8' food & beverage outlet pending health and building department approvals.
• #47 Cliff Jump - re-introduce cliff jump with lower platform height pending DCA approval.
• #48 Kids Interactive Play Area - proposed utilization of existing Appalachian storefront units for kids camp, birthday party events, recreational uses but noted that further exploration is needed to progress.

Mr. Haggerty noted that the 2019 master plan update now includes changes at the South Lodge as noted on plans dated February 22, 2019:

• #1 Lodge Renovations - Only interior changes will be done to the lodge to best utilize food and retail outlets. Mr. Haggerty noted that the South Lodge is only used during winter season and during Spartan Race events.
• #2 Lot Upgrades - Repairs to the large parking lot include addition of millings to improve surface and noted there is no change in traffic flow.
• #3 South Maintenance Building Upgrades - renovations to existing interior of building are planned to include replacement of windows and roof.
• #4 Tow Rope - Planning on returning tow rope to base area and further discussion to decide whether magic carpet or ropes will be used.

Mr. Spoerl questioned the status of repairs to the fencing along RT 94 across from the Appalachian Hotel as there exists safety concerns from visitors crossing through traffic to the park. Mr. Haggerty acknowledged concerns and will address fencing conditions which Mr. Stoner will inspect when repaired. Mr. Stoner requested information on the pedestrian bridge. Mr. Haggerty stated he could not speak on that structure. Mr. Stoner explained that wood was installed to bottom of bridge to secure any falling debris but requested that Mountain Creek provide an update on the structural condition and copies of inspection reports on file.

Chairman Theobald opened the meeting to the public. Seeing no one from the public wishing to come forward, Chairman Theobald closed the meeting to the public.

Motion: A motion was made to approve the 2019 Water Park Master Plan Update as presented by Ms. Cocula and seconded by Mr. Williams.

ROLL CALL: WILLIAMS: Y AUBERGER: Y; SPOERL: Y; MCPEEK: Y; COCULA: Y; WHITAKER: Y; MELE: Y; THEOBALD: Y.
Motion passed.

Public Participation

Chairman Theobald opened the meeting to the public. Seeing no one from the public wishing to come forward, Chairman Theobald closed the meeting to the public.

Resolutions

Sustainable Economic Development Plan

Motion: A motion was made to approve the Resolution for the Sustainable Economic Development Plan by Mr. Williams and seconded by Mr. Auberger.

ROLL CALL: WILLIAMS: Y AUBERGER: Y; THEOBALD: Y; SPOERL: Y; MCPEEK: Y; COCULA: Y; WHITAKER: Y; MELE: Y.
Motion passed.

Land Use Board Discussion Items (action may or may not be taken)

Motion: A motion was made by Mr. Spoerl to forward the annual update of N.J.S.A.40:55D-70.1 - 2018 Recommendations to the township council and was seconded by Ms. Cocula.

All members were in favor.
Motion passed.

Minutes

March 13, 2019: Regular Meeting Minutes (Williams, Auberger, Theobald, Spoerl, McPeek, Cocula, Whitaker, Mitchell, Mele)

Motion: A motion was made to approve Minutes of March 13, 2019 by Mr. Auberger and seconded by Mr. Spoerl.

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 Law Group LLP
      1. Land Use Board Business: Services through 1/7/19 ($176.00)
      2. Robert Shuppon: LU# 12-17-6 - Services through 12/19/18 ($336.00)
      3. The Land Conservancy of NJ: LU# 10-18-8 - Services through 12/19/18 ($368.00)
      4. Benning/DeAlto: LU# 11-18-9 - Services through 12/19/18 ($336.00)
      5. Lenartowicz: LU# 1-19-1 - Services through 1/31/19 ($45.00)
      6. Florea: LU# 2-19-2 - Services through 2/19/19 ($45.00)
   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: ($0)
      2. Florea: LU# 2-19-2 - Services through 2/26/19 ($299.10)
   4. Board Recording Secretary: Irene Mills ($75.00)

Motion: A motion was made to approve the fees as listed by Ms. Cocula and seconded by Mr. Spoerl.

All members were in favor.
Motion passed.

2. Request for Escrows to Be Closed
   1. LU# 8-18-6: Kevin Little - Block 143, Lot 24, - Variance for a Single-Family Home on a Private Road ($390.74))

Motion: A motion was made to approve the request for escrow to be closed by Mr. Williams and seconded by Mr. Whitaker.

All members were in favor.
Motion passed.

Ms. Decker informed the board that application for Diamond T-Mobile has been scheduled for the June 12, 2019. Board members were told by Ms. Decker that tax maps for the township were updated, and block/lot numbers were changed to whole numbers per state requirement.

Adjournment

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

Meeting was adjourned at 8:02 p.m.

Respectfully Submitted
Irene Mills
Recording Secretary