Minutes: November 10, 2021

Call to Order

Meeting was called to order by Attorney Tombalakian at 7:00 p.m.

Statement of Compliance Was Read by Board Secretary

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, 2021, by delivering to the press such notice and posting same at the municipal building.

Attorney Tombalakian led the assemblage of the flag.

Public Hearings

LU# 10-21-8 - Mountain Creek Resort, Inc. - BLOCK 378, LOT 20, - Minor Site Plan to Move the Snow Tubing Site to Its Previous Location

Bill Mendrzycki, Chris Haggerty and Matt Carter came forward and were sworn in to testify on behalf of Mountain Creek Resort application for Minor Site Plan to move snow tubing operation.

Mr. Stoner explained application proposes to move snow tubing operation from current location on RT 94 to new location off Sandhill Road and downhill from Cobblestone Village. He added new site will utilize existing concrete pad and slope contours with no grading needed creating a safer atmosphere.

Mr. Mendrzycki stated slopes will be created by man made snow with no grading needed. Mr. Haggerty added the proposed area was used for storage, excess employee parking as well as a skate park and festival tent area. He explained the new tubing location designed as a more family friendly hill with longer run out and will eliminate the pedestrian traffic on RT 94. Parking for the new location will be available at Cobblestone Village with overflow at Sandhill lot utilizing existing signage as needed. Mr. Haggerty stated tickets for tubing are purchased online only in advance to control capacity limits. He added the current snow tubing area will be operationally closed with landscaping maintained and magic carpets, snow guns, and equipment will be repurposed throughout the resort. Mr. Haggerty explains the new site is not exactly where old tubing area was located causing new proposal to require an extension of water lines for carriage mounted snow guns.

Mr. Mario Iannelli, Engineer for Mountain Creek was sworn in and testified application for new site will utilize existing parking, pathways, concrete slab and slope with no additional grading needed. He added the new site eliminates RT 94 being used by pedestrian traffic who did not want to wait for shuttle and noted there are two existing concrete pads where the snow tubes will be stored.

Mr. Stoner requested information on additional lighting needed for proposal and how it may affect neighboring properties.

Mr. Haggerty stated the existing lighting will need to be supplemented by 6 lights for total coverage and will be at maximum 20 ft high pointing down so not to affect any adjacent properties. Board members expressed concern for residents at Black Creek and requested applicant to provide lighting plan, no overnight lighting, avoid light spillover and face lighting away from Black Creek.

Attorney Tombalakian opened hearing to the Public for comments. Seeing no one wishing to come forward, meeting was closed to the public.

Attorney Tombalakian explained there were no variances nor design waivers in application but noted following conditions of approval: show new lights on Engineering plans; lighting to be used during operation only, no overnight; face all lighting away from Black Creek and avoid light spillover.

Motion: Motion to approve LU#10-21-8 as presented was made by Ms. Cocula and was seconded by Mr. Auberger.

ROLL CALL: AUBERGER: Y; MCPEEK: Y; COCULA: Y; MITCHELL: Y; TADRICK: Y; VIZZINI: Y. Motion passed.

Public Participation

Attorney Tombalakian opened the meeting to the public. Seeing no one wishing to come forward, Attorney Tombalakian closed the meeting to the public.

Minutes

September 8, 2021 - Regular Meeting Minutes (Wexler, Williams, Auberger, McPeek, Cocula, Whitaker, Theobald)

Motion: Motion to Approve Minutes of September 8, 2021, was made by Ms. Cocula and was seconded by Mr. Auberger. 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 8/11/21 ($64.00)
      2. Land Use Board Business - Services through 9/9/21 ($112.00)
      3. Kenneth Boschert - LU# 3-21-4 - Services through 8/17/21 ($22.50)
      4. HM GG Development, LLC - LU# 8-21-7 - Services through 8/31/21 ($205.00)
      5. 515 Vernon Property - LU# 7-20-4 - Services through 8/20/21 ($96.00)
      6. Suez Water NJ - LU# 7-21-6 - Services through 9/28/21 ($272.00)
   2. Board Planner: Jessica Caldwell, J. Caldwell & Associates
      1. Land Use Board Business - Services through 9/8/21 ($312.50)
      2. Land Use Board Business - Services through 9/30/21 ($2,220.00)
      3. Land Use Board Business - Services through 10/1/21 (360.00)
      4. HM GG Development, LLC - LU# 8-21-7 - Services through 9/1/21 ($125.00)
      5. Suez Water NJ - LU# 7-21-6 - Services through 10/18/21 ($420.00)
   3. Board Engineer: Cory Stoner, Harold E. Pellow & Associates
      1. Land Use Board Business - ($0)
      2. Suez Water NJ - LU# 7-21-6 - Services through 9/28/21 ($325.00)
      3. Suez Water NJ - LU# 10-19-8 - Services through 9/30/21 ($272.06)
      4. Kenneth Boschert - LU# 3-21-4 - Services through 8/26/21 ($51.38)
      5. Kenneth Boschert - LU# 3-21-4 - Services through 9/13/21 ($411.01)
      6. 515 Vernon Property - LU# 7-20-4 - Services through 9/13/21 ($130.00)
      7. Snowshoe Homes - LU# 3-21-3 - Services through 9/1/21 ($65.00)
   4. Board Recording Secretary: Irene Mills ($75.00)

Motion: Motion to approve board fees was made by Ms. Cocula and was seconded by Mr. McPeek. All members were in favor. Motion passed.

2. Request for Escrows to Be Closed
   1. LU# 7-16-7 - LGWS, Inc - Block 261, Lot 5, - Use Variance for a Canopy ($875.67)
   2. LU# 12-04-16 - Weichert Realtors - Block 145, Lot 5, Site Plan for a Two-Story Building ($741.75)

Motion: Motion to approve escrows be closed was made by Mr. Auberger and was seconded by Ms. Cocula. All members were in favor. Motion passed

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. McPeek. All members were in favor. Meeting adjourned at 7:26 p.m.

Respectfully Submitted
Irene Mills, Recording Secretary