Land Use Board Meeting

Borough of Highlands LUB Meeting Minutes Municipal Building, 151 Navesink Ave., Highlands, NJ December 12, 2024 Chair Knox called the meeting to order at 7:01pm and asked all to stand for the Pledge of Allegiance. He then read the Public Meeting Statement. ROLL CALL: Present: Mayor Broullon, Chief Burton, Councilmember Olszewski, Mr. Zill, Vice Chair Tierney, Chair Knox, Mr. Cramer, Mr. Cody, Ms. Vickery Absent: Mr. Kutosh, Ms. LaRussa, Mr. Montecalvo, Ms. Chang Also Present: Board Engineer Carmela Roberts, Board Attorney Austin Mueller, Esq., and Board Secretary Nancy Tran PUBLIC COMMENTS: Leo Cervantes, Bay Ave., asked for guidance regarding joining his two adjoining lots into one lot. Mr. Muller answered that he needed to submit a Zoning application and then the LUB subdivision application. APPROVAL OF MINUTES: November 14, 2024 Meeting Minutes Offered By: Mayor Broullon Seconded By: Chair Knox Ayes: Mayor Broullon, Chief Burton, Councilmember Olszewski, Mr. Zill, Mr. Cramer, Mr. Cody, Ms. Vickery, Chair Knox Nays: None Abstain: None Absent: Ms. Chang RESOLUTIONS: LUB Resolution 2024-20: Memorializing Consistency Determination of O-24-19 Amending Minor Subdivision Checklist LAND USE BOARD RESOLUTION 2024-20 MEMORIALIZATION OF CONSISTENCY DETERMINATON FOR ORDINANCE NO. O- 24-19 AMENDING CHAPTER 21 (ZONING AND LAND USE REGULATIONS) SECTION 21-58 (PLAT AND PLAN DETAILS) OF THE BOROUGH CODE OF THE BOROUGH OF HIGHLANDS Decided: November 14, 2024 Memorialized: December 12, 2024 MATTER OF CONSISTENCY DETERMINATION FOR ORDINANCE NO. O-24-19 WHEREAS, under N.J.S.A. 40:55D-26a of the Municipal Land Use Law (the “MLUL”), prior to the adoption of a development regulation, revision or amendment thereto, the Land Use Board shall make and transmit to the Governing Body, within 35 days after referral, a report including identification of any provisions of the proposed ordinance which are inconsistent with the Master Plan and recommendations concerning these inconsistencies and any other matters as the Board deems appropriate; and WHEREAS, on November 6, 2024, the Borough of Highlands Governing Body introduced Ordinance No. O-24-19 entitled “Amending Chapter 21 (Zoning and Land Use Regulations) Section 21-58 (Plat and Plan Details)” to amend the Minor subdivision application checklist.; and WHEREAS, the Mayor and Council of the Borough of Highlands referred this matter to the Borough Land Use Board under the Municipal Land Use Law pursuant to N.J.S.A. 40:55D- 26a; and WHEREAS, on November 14, 2024, the Land Use Board considered this matter at a duly- noticed in-person public meeting; and NOW, THEREFORE, by the Borough of Highlands Land Use Board, having reviewed Ordinance No. O-24-19, memorializes the following findings of fact and conclusions of law in regard to the proposed revisions to the Code of the Borough of Highlands: 1. Ordinance No. O-24-19 amends Chapter 21 (Zoning and Land Use Regulations) Section 21-58 (Plat and Plan Details). 2. The purpose of the proposed Ordinance is to amend the Minor subdivision application checklist. 3. The Land Use Board finds that adoption of Ordinance No. O-24-19 is substantially consistent with the comprehensive land use goals, and economic development goals as set forth in the Master Plan or is designed to effectuate such plan elements. 4. The Land Use Board concludes that the adoption of Ordinance No. O-24-19 is substantially consistent with the comprehensive goals set forth in the Master Plan and has no comments or recommendations. NOW THEREFORE, BE IT RESOLVED, by the Highlands Land Use Board that Ordinance No. O-24-19 entitled “Amending Chapter 21 (Zoning and Land Use Regulations) Section 21-58 (Plat and Plan Details)” has been determined by the Land Use Board to be substantially consistent with the comprehensive land use goals and economic development goals in the Master Plan and is designed to effectuate such plan elements for the Borough of Highlands. BE IT FURTHER RESOLVED that the Land Use Board Secretary is hereby directed to transmit a copy of this Resolution to the Mayor and Borough Council. This Resolution shall serve as the report to the governing body pursuant to N.J.S.A. 40:55D-26a of the Municipal Land Use Law. BE IT FURTHER RESOLVED that this Resolution shall take effect immediately. December 12, 2024 LUB Minutes 2 Motion to approve: Chair Knox Seconded: Councilmember Olszewski Ayes: Mayor Broullon, Chief Burton, Councilmember Olszewski, Mr. Zill, Mr. Cramer, Mr. Cody, Ms. Vickery, Vice Chair Tierney, Chair Knox Nays: None Abstain: None Absent: Ms. Chang LUB Resolution 2024-21: Memorializing Approval of Extension for LUB2022-01: Arjika – 289 Bay Ave., B81 L12 LAND USE BOARD RESOLUTION 2024-21 MEMORIALIZATION EXTENSION OF PRELIMINARY AND FINAL MAJOR SITE PLAN APPROVAL WITH BULK VARIANCE RELIEF Approved: November 14, 2024 Memorialized: December 12, 2024 MATTER OF ARJIKA PROPERTIES, INC. APPLICATION NO. LUB-2022-01 WHEREAS, an application for an extension of time for preliminary and final major site plan approval with bulk variance relief has been made to the Highlands Land Use Board (hereinafter referred to as the “Board”) by Arjika Properties, Inc. (hereinafter referred to as the “Applicant”) on lands known and designated as Block 81, Lot 12 on the official Tax Map of the Borough of Highlands (“Borough”) and more commonly known as 289 Bay Avenue, Highlands, N.J. 07732 in the CBD (Central Business District) Zone ( “Property”); and WHEREAS, a public hearing was held before the Board on November 14, 2024 with regard to this application; and WHEREAS, on or about October 31, 2024, the Board received an email request for an extension of preliminary and final major site plan approval and at the November 14, 2024 hearing, heard statements from the Board Secretary and Board Attorney regarding the request, and with the public having had an opportunity to be heard; and WHEREAS, a complete application has been filed, the fees as required by Borough Ordinance have been paid, and it otherwise appears that the jurisdiction and powers of the Board have been properly invoked and exercised. NOW, THEREFORE, does the Highlands Land Use Board make the following findings of fact and conclusions of law with regard to this application: 1. The Applicant is seeking an extension of time for the preliminary and final major site plan approval with bulk variance relief granted by the Board on July 14, 2022 and memorialized in a Resolution dated September 8, 2022. 2. The Applicant was granted preliminary and final major site plan approval with bulk variance relief to construct a three-story, mixed-use commercial-residential building with 1,450 s.f. December 12, 2024 LUB Minutes 3 of retail space on the first floor and four (4) one-bedroom apartments on the second and third floors, each including a deck or balcony. Off-street parking is proposed, with one-way proposed circulation through the subject Property 3. The Applicant did not testify at the hearing but submitted an email to the Board requesting an extension of time. The Applicant’s email dated October 31, 2024 explained that the reason for the extension request was to allow additional time to comply with the flood proof requirements and the application of flood panels, as well as seeking a specialized craftsmen to install such flood panels. The Board Attorney also stated that he had confirmed with the Applicant via telephone call that the Applicant was seeking a one-year extension. 4. There were no members of the public expressing an interest in this application. 5. The Board has received, reviewed, and considered the Applicant’s October 31, 2024 email request for an extension of time of the Resolution approving preliminary and final major site plan approval with bulk variance relief dated September 8, 2022 pursuant to N.J.S.A. 40:55D-52. All exhibits, resolutions, and statements have been incorporated herein in their entirety. WHEREAS, the Highlands Land Use Board, having reviewed the proposed application and having considered the impact of the proposed application on the Borough and its residents to determine whether it is in furtherance of the Municipal Land Use Law; and having considered whether the proposal is conducive to the orderly development of the site and the general area in which it is located pursuant to the land use and zoning ordinances of the Borough of Highlands; and upon the imposition of specific conditions to be fulfilled, hereby concludes that good cause has been shown to approve the application of Arjika Properties, Inc. for an one-year extension of time for preliminary and final site plan approval pursuant to N.J.S.A. 40:55D-52. The Board acknowledges that the Applicant has diligently pursued to comply with outside agency regulations and that due to circumstances beyond its control has faced unavoidable and unexpected delays. The Board, therefore, finds that a one-year extension of time is appropriate in this circumstance pursuant to N.J.S.A. 40:55D-52. NOW, THEREFORE, BE IT RESOLVED by the Highlands Land Use Board on this 12th day of December 2024, that the action of the Land Use Board taken on November 14, 2024 granting Application No. LUB-2022-01 of Arjika Properties, Inc. a one-year extension of time for preliminary and final site plan approval pursuant to N.J.S.A. 40:55D-52 and the same is hereby memorialized as follows: The application is granted subject to the following conditions: 1. The Applicant is granted a one-year extension of time. 2. All terms and conditions of the Board’s previous approvals, except as satisfied or amended, shall remain in place. 3. The Applicant shall provide a certificate that taxes are paid to date of approval. 4. Payment of all fees, costs, escrows due and to become due. Any monies are to be paid within twenty (20) days of said request by the Board Secretary. 5. Subject to all other applicable rules, regulations, ordinances and statutes of the Borough of Highlands, County of Monmouth, State of New Jersey or any other jurisdiction. December 12, 2024 LUB Minutes 4  BE IT FURTHER RESOLVED that the Board secretary is hereby authorized and directed to cause a notice of this decision to be published in the official newspaper at the Applicant's expense and to send a certified copy of this Resolution to the Applicant and to the Borough clerk, engineer, attorney and tax assessor, and shall make same available to all other interested parties. Motion to approve: Chair Knox Seconded: Mayor Broullon Ayes: Mayor Broullon, Councilmember Olszewski, Mr. Zill, Mr. Cramer, Mr. Cody, Ms. Vickery, Vice Chair Tierney, Chair Knox Nays: None Abstain: Chief Burton Absent: Ms. Chang HEARING ON NEW BUSINESS: Amended Captain’s Cove Redevelopment Study Mr. Mueller noted receipt of an objector’s letter in the late afternoon. Due to the lateness of receipt, he needs more time to fully review it and that the matter is adjourned to the next meeting. Mr. Mueller requested all professionals with an interest in the matter introduce themselves. Brian Nelson, attorney for the objector, introduced himself, apologized for the lateness of his objection letter, and thanked the Board for its consideration. Frances McManimon, Esq., Redevelopment Attorney for the Borough of Highlands, and Susan Guel, Planner for the Borough of Highlands, introduced themselves and stated that they will renotice and will be present at the January 9, 2025 meeting. Peter Mullins, Marine Pl., asked for clarification of the noticing. Ms. McManimon answered that unlike LUB applications, redevelopment laws only require that the notice be published twice and that only the owner would be noticed. ADJOURNMENT Offered by Mayor Broullon and seconded by Vice Chair Tierney. All in favor. None Opposed. Meeting adjourned at 7:12pm. I, Nancy Tran, certify that this is a true and correct record of the actions of the Borough of Highlands Land Use Board on December 12, 2024. ___________________________________________ Nancy Tran, Land Use Board Secretary December 12, 2024 LUB Minutes 5