Land Use Board Meeting

Borough of Highlands LUB Meeting Minutes Municipal Building, 151 Navesink Ave., Highlands, NJ July 11, 2024 Chair Knox called the meeting to order at 7:00pm and asked all to stand for the Pledge of Allegiance. He then read the Public Meeting Statement. ROLL CALL: Present: Mr. Kutosh, Ms. LaRussa, Mr. Montecalvo, Councilmember Olszewski, Mr. Zill, Ms. Chang, Mr. Cramer, Vice Chair Tierney, Chair Knox, Ms. Vickery Absent: Mayor Broullon, Chief Burton, Mr. Cody Also Present: Board Attorney Austin Mueller, Esq., Board Engineer Carmela Roberts, and Board Secretary Nancy Tran PUBLIC COMMENTS: None APPROVAL OF MINUTES: June 13, 2024 Meeting Minutes OFFERED BY: Mr. Kutosh SECONDED BY: Ms. LaRussa AYES: Mr. Kutosh, Ms. LaRussa, Mr. Montecalvo, Mr. Zill, Ms. Chang, Ms. Tierney, Chair Knox NAYS: None ABSTAIN: None INELIGIBLE: Councilmember Olszewski, Mr. Cramer, Ms. Vickery ABSENT: Mayor Broullon, Chief Burton, Mr. Cody HEARING ON OLD BUSINESS: LUB2022-10: Home & Land - 14 & 32 North Peak, B35 Ls 8 & 9 Evan Zimmerman, applicant’s attorney, requested that the application be carried to the August meeting as they were still trying to set up a meeting with the Borough Engineer. Mr. Muelle stated that the application has been open since 2022 and noted the objector’s letters and communications submitted. He recommended that the application be carried to August and the Board needs to vote. Chair Knox reiterated that the application has been ongoing for two years and that he wants a solid application from them by August. Mr. Mueller listed the Board’s conditions for the applicant prior to making any decisions. Mr. Zimmerman stated that their preference was to be carried to the September meeting but didn’t want to presume to make such a request. Councilmember Olszewski noted that the next LUB meeting would be before the August Council meeting. Mr. Zimmerman replied that his plan was to discuss with Borough Engineer prior to making request to Council. Vice Chair Tierney noted that the applicant’s neighbor had stated that they would not grant applicant easement. Discussion among the Board about carrying the application, when to carry the application, the applicant’s ability to obtain easement from Council, and applicant’s lack of movement since the May meeting. Mr. Zimmerman stated that their plan was to work with the Borough Engineer before requesting easement from Council. Ms. Roberts stated that she didn’t understand their process and didn’t know how they could be talking to the Borough Engineer before asking the Council. She noted that they were going about it in the wrong direction and that it was not the direct route. Vice Chair Tierney asked Mr. Mueller to convey the objector’s letter. Mr. Mueller noted the objector’s concern with the applicant’s delay tactics. Mr. Montecalvo referenced CME’s report from 2023. Chair Knox asked what the legal procedure for dismissing the application. Discussion among the Board about the application’s readiness. Motion to carry to August 8th : Chair Knox Seconded: Ms. LaRussa Ayes: Ms. LaRussa, Mr. Zill, Ms. Vickery, Chair Knox NAYS: Mr. Kutosh, Mr. Montecalvo, Councilmember Olszewski, Ms. Chang, Mr. Cramer, Vice Chair Tierney Abstain: None Absent: Mayor Broullon, Chief Burton, Mr. Cody Ms. Tran stated that motion to carry to August 8th was not approved. Ms. Mueller stated that Board could motion to carry to September or vote on testimony given so far. Mr. Zimmerman noted that the objector’s counsel was not present. In light of that, Mr. Mueller did not recommend that the Board vote on the application. Motion to carry to September 12th: Vice Chair Tierney Seconded: Mr. Zill Ayes: Ms. LaRussa, Mr. Montecalvo, Councilmember Olszewski, Mr. Zill, Ms. Chang, Mr. Cramer, Ms. Vickery, Vice Chair Tierney, Chair Knox NAYS: Mr. Kutosh Abstain: None Absent: Mayor Broullon, Chief Burton, Mr. Cody LUB2022-04: Kirsh Kraft – 9 Fifth St., B57 Ls 8 & 9 Vice Chair Tierney recused herself and stepped down from the dais. There was discussion if Councilmember Olszewski needed to recuse herself. Mr. Mueller stated that application is most likely a c variance. As Councilmember Olszewski, was absent the previous meeting, after ensuring a quorum and the number of eligible voters, Chair Knox deemed it better that she recused herself. Councilmember Olszewski stepped down from the dais. Mr. Henry Wolff appreciated the c variance conclusion and noted that there were no objectors present. Mr. Mueller confirmed. Chair Knox noted that should there be a dispute regarding survey, there is a different board that will hear the dispute. Ms. Roberts noted that the condition of approval would require an easement to be signed by both parties. Mr. Wolff disagreed that an easement would require signatures for both parties. Mr. Mueller and Ms. Roberts agreed that the deed could not be signed until easement condition is met. Ms. Roberts confirmed that she was satisfied with the wetlands statement submitted. Ms. Roberts summarized the application and the Board’s conditions. Mr. Kutosh asked for clarification of easement for encroaching property to be moved off property with any renovations. Mr. Wolff agreed. Board discussed any renovations vs. substantial renovations to trigger for encroaching property to be moved of property and condition for resolution. July 11, 2024 LUB Minutes 2 Mr. Wolff did not deem a closing statement necessary. Motion to approve with conditions: Mr. Kutosh Seconded: Chair Knox Ayes: Mr. Kutosh, Ms. LaRussa, Mr. Montecalvo, Mr. Zill, , Ms. Vickery, Vice Chair Tierney, Chair Knox Nays: Ms. Chang Abstain: None Ineligible: Mr. Cramer, Ms. Vickery Absent: Mayor Broullon, Chief Burton, Councilmember Olszewski, Vice Chair Tierney, Mr. Cody ADJOURNMENT Offered by: Ms. LaRussa Seconded: Chair Knox All in favor. None Opposed Adjourned at 8:45pm I, Nancy Tran, certify that this is a true and correct record of the actions of the Borough of Highlands Land Use Board on July 11, 2024. ___________________________________________ Nancy Tran, Land Use Board Secretary July 11, 2024 LUB Minutes 3