Call to Order

Meeting was called to order by Vice Chairman Spoerl 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 17, 2022, by delivering to the press such notice and posting same at the Municipal Building.

Salute to the Flag

Vice Chairman Spoerl led the Assemblage to the flag.

Roll Call    Also Present
Mayor’s Designee John Auberger P   Steve Tombalakian, Board Attorney
Craig Williams NP   Cory Stoner, Board Engineer
Councilmember Lynch NP   Jessica Caldwell, Board Planner
Martin Theobald NP   Kimberley Decker, Board Secretary
Richard Spoerl P    
Willard McPeek P    
Andrea Cocula P    
Michael Whitaker NP    
Jacquelin Haley P    
Kelly Mitchell Alternate #1 NP    
Joseph Tadrick Alternate #2 NP    
Paul Mele Alternate #3 P    
Mark Vizzini Alternate #4 NP    

Record reflects Mr. Theobald, Mr. Williams, Mr. Lynch, Mr. Whitaker, Ms. Mitchell, and Mr. Vizzini notified the Board of his absence.

Public Hearings

LU# 11-21-10 - Snow Creek LLC - Block 378, Lot 20, - Minor Site Plan to Resurface the Existing Parking Lot and Add an Automated Gate and Booth

Mr. Thomas Mollica, Esq. with the law firm of Vogel Chait Collins Schneider came forward on behalf of applicant to request approval for Minor Site Plan for renovation of Cobblestone Parking Lot which includes addition of automated gate. Mr. Mario Iannelli, Engineer, from firm of Dewberry Engineers, Inc. was sworn and presented Exhibit A-1: Rendering of proposed site plan with proposed trees and Exhibit A-2: Map from Mountain Creek Master plan dated 2-22-19 showing how parking lots are situated among total site.

Mr. Iannelli explained the existing Cobblestone lot with 200 parking spaces is laid out haphazardly with dead ends. Proposed application will redesign traffic lanes, resurface lot, creating a drop-off point and make flow more efficient and safer for visitors. He added design will be geometrically friendly and aesthetically pleasing and able to be controlled better by staff. Referencing A-1, he noted proposal of pavement repairs and striping does not increase impervious coverage nor change drainage or pitch.

Mr. Iannelli explained the drop-off area with a one-way lane was created to go around existing power lines and Verizon compound then directs visitors to parking areas. Parking lanes utilize wooden guard rails with 6-foot gaps to make layout of parking and pedestrian walkway more pronounced while adding aesthetically pleasing trees. He noted there will be a Premium space lot controlled by gated remote and the handicap parking area will remain the same as existing. Mr. Iannelli noted the plan was designed to be improvement to vehicular circulation so to avoid stoppages or backup with pedestrian safety improved.

Mr. Iannelli explained that gated parking area will be accessible to emergency vehicles at all times by staff on hand but will coordinate process with Fire Official if needed. Pavement stripping for Fire Lane will be maintained as existing. Mr. Iannelli noted that the only signage needed will be wayfinding/directional signage for parking area and noted it has yet to be finalized but requests Board to allow applicant work with Board Professionals for approvals.

Mr. Iannelli explained the applicant proposes replacing old light fixtures with new more energy efficient lights and requests Board to allow applicant to work with Board Professionals for approval.

Board Members requested an estimate number of vehicles to use drop-off areas and how will applicant prevent back up. Mr. Iannelli explained the drop-off lane can hold 5-6 cars and attendant will be on hand to move cars along to prevent backup onto RT 94.

Chris Haggerty, General Manager of Operations, Mountain Creek, was sworn in on behalf of applicant. He added that the drop-off area at Red Tail Lodge across the street will remain available, but visitors will be encouraged to use Cobblestone lot. After drop-off, visitors are directed by signage or by attendant to park at Cobblestone lot or if at full capacity, Sandhill lot per the existing approved Parking Plan. Mr. Haggerty explained attendants will be present during peak times during weekends, holidays and during guest check-in times to maintain traffic flow.

Regarding Signage, Mr. Iannelli explained signage for Cobblestone Lot has not been finalized yet but agreed applicant intends to comply with Board Professional's requirements and approval can be condition to resolution. Ms. Caldwell recommended that Board add signage plan to condition of approval. Mr. Stoner agreed applicant can work with Board Planer and himself to finalize signage and lighting plan for application.

Ms. Caldwell requested applicant to include modified Bulk Requirements table to plans specifically noting lot coverage of entire site including North and South Mountain Creek areas. She added parking plan needs to be updated since Cobblestone lot is proposed to be reduced from 200 to 198 spaces.

Mr. Iannelli respectfully requested Board approval for Minor Site Plan application per testimony presented.

Vice Chairman Spoerl opened the hearing to the Public. Seeing no one wishing to come forward, Vice Chairman Spoerl closed the meeting to the Public.

Motion: Motion to Approve LU# 11-21-10 with conditions as testified was made by Mr. Mele and was seconded by Ms. Cocula.

ROLL CALL: AUBERGER: Y; MCPEEK: Y; COCULA: Y; HALEY: Y; MELE: Y; SPOERL: Y.
Motion passed

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

Mr. Thomas Mollica, Esq. with the law firm of Vogel Chait Collins Schneider and Mr. Chris Haggerty, General Manager of Operations came forward on behalf of applicant to request approval for Master Plan Update per Plans dated 2-16-2022 which includes the following areas:

  1. Snow Sports Pavilion #58- proposed pavilion to be built to facilitate check -in during winter operations and learning area for children's programs
  2. Snow Tubing Operation was moved across RT 94 as previously approved by Land Use Board and was operating during winter season of 2021-2022.
  3. Bathroom Renovation - internal remodeling and upgrading of water park bathrooms to be completed prior to opening day of 2022.
  4. Rental Facility Renovation - internal renovation of Rental facility in Red Tail Lodge to increase efficiency and increase accommodation. Noted all rentals are now pre-purchased therefore no ticket sales booths required.

Mr. Haggerty explained that Mountain Creek is working with new Aquatic Development Group that may bring more improvements in summer 2023.

Vice Chairman Spoerl expressed thanks to Mountain Creek for installing permanent fencing along RT 94 to prevent pedestrian traffic across roadway. Mr. Stoner provided history and requirement of the Annual review of Mountain Creek's Master Plan for newer Board Members.

Mr. Stoner requested status of Ski Box previously approved. Mr. Haggerty explained the ski box is two shipping containers attached as one unit and is annually permitted by Zoning Officer as temporary structure. He added they are looking for potential replacement and will return to Board if needed. Mr. Stoner questioned status of bridge overpass on RT 94. Mr. Haggerty stated repair work was done in 2021 and will provide condition status to Board Professionals.

Mr. Mele questioned if #57 - Restaurant on Master Plan was ever built in Appalachian Hotel. Mr. Haggerty stated the proposed restaurant in question was never built. Board requested applicant to add the word Built and Proposed to each item for clarity on next annual review.

Motion: Motion to Approve LU# 2-91-4 was made by Ms. Cocula and was seconded by Vice Chairman Spoerl.

ROLL CALL: AUBERGER: Y; MCPEEK: Y; COCULA: Y; HALEY: Y; MELE: Y; SPOERL: Y.
Motion passed.

Public Participation

Vice Chairman Spoerl opened the Meeting to the Public. Seeing no one wishing to come forward Vice Chairman Spoerl closed the meeting to the Public.

Resolutions

LU# 7-21-6 - SUEZ Water of New Jersey - Installation of a Generator at Various Sites to Provide Power to the Existing Public Water Utilities

Motion: Motion to Approve Resolution LU# 7-21-6 was made by Ms. Cocula and was seconded by Mr. Mele.

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

LU# 12-21-10 - M&L Property Holdings - Block 404, Lot 4 - Preliminary and Final Site Plan Approval for Construction of a Car Wash and Associated Improvements

Motion: Motion to Approve Resolution LU# 12-21-10 was made by Ms. Cocula and was seconded by Mr. Mele.

ROLL CALL: AUBERGER: Y; MCPEEK: Y; COCULA: Y; HALEY: Y; MELE: Y; SPOERL: Y.
Motion passed

Reexamination of the Municipal Master Plan and adoption of the Master Plan Reexamination Report

Motion: Motion to Approve Reexamination of the Municipal Master Plan and Adoption of Reexamination Report was made by Mr. Mele and was seconded by Mr. Auberger.

ROLL CALL: AUBERGER: Y; MCPEEK: Y; COCULA: Y; HALEY: Y: MELE: Y; SPOERL: Y.
Motion passed

Land Use Board Discussion Items (Action May or May Not Be Taken)

Annual Update of N.J.S.A. 40:55d-70.1 2021 Recommendations

Motion: Motion to Approve Annual Update of N.J.S.A. 40:55D-70.1 2021 Recommendations was made by Ms. Cocula and was seconded by Mr. Mele.

Board members were all in favor. Motion passed.

Minutes

February 23, 2022 - Regular Meeting Minutes (Auberger, Lynch, McPeek, Cocula, Whitaker, Haley, Mitchell, Mele, Spoerl)

Motion: Motion to approve regular minutes of February 23, 2022 was made by Mr. Auberger and was seconded by Ms. Cocula.
Board members were all 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 2/23/22 ($838.50)
      2. Suez Water NJ - LU# 7-21-6 - Services through 2/9/22 ($382.00)
      3. M&L Holdings - LU# 12-21-10 - Services through 2/23/22 ($374.50)
      4. Snow Creek - LU# 11-21-10 - Services through 2/28/22 ($45.00)
    2. Board Planner: Jessica Caldwell, J. Caldwell & Associates
      1. Land Use Board Business - Services through 2/23/22 ($455.00)
      2. Land Use Board Business - Services through 2/24/22 ($2,295.00)
      3. M&L Holdings - LU# 12-21-10 - Services through 2/18/22 ($650.00)
      4. HM GG - LU# 8-21-7 - Services through 2/9/22 ($130.00)
      5. Snow Creek - LU# 11-21-10 - Services through 2/22/22 ($500.00)
    3. Board Engineer: Cory Stoner, Harold E. Pellow & Associates
      1. Land Use Board Business - Services through 1/26/22 ($130.00)
      2. Theodore Renka - LU# 12-21-10 - Services through 1/20/22 ($712.00)
      3. Stephen Peterson - LU# 9-20-7 - Services through 1/4/22 ($67.50)
      4. Suez Water NJ - LU# 7-21-6 - Services through 1/26/22 ($1,463.00)
    4. Board Recording Secretary: Irene Mills ($75.00)

Motion: Motion to Approve Payment of Fees was made by Mr. Mele and was seconded by Ms. Cocula.
Board members were all in favor. Motion passed.

  1. Request for Escrows to Be Closed
    1. LU# 11-21-9 - Daniel Bakay - Block 368, Lot 16, - Rear Yard Variance for a Proposed In-Ground Pool ($540.00)
    2. LU# 11-20-8 - Claud Allain - Block 404, Lot 1, - Minor Site Plan ($224.88)

Motion: Motion to Approve Release of Escrow for LU#11-21-9 was made by Vice Chairman Spoerl and was seconded by Mr. McPeek.
Board members were all in favor. Motion passed.

Motion: Motion to Approve Release of Escrow for LU#11-20-8 was made by Ms. Cocula and was seconded by Mr. Mele.
Board members were all 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 Ms. Cocula. All members were in favor.

Meeting was adjourned at 8:03 p.m.

Respectfully Submitted
Irene Mills, Recording Secretary