Land Use Board Meeting

Borough of Highlands LUB Reorganization Meeting Minutes Municipal Building, 151 Navesink Ave., Highlands, NJ January 9, 2025 Robert Knox called the meeting to order at 7:00pm and asked all to stand for the Pledge of Allegiance. Mr. Knox read the following statement: As per requirement, notice is hereby given that this is an Abbreviated Meeting of the Borough of Highlands Land Use Board and all requirements have been met. Notice has been transmitted to the Asbury Park Press and the Two River Times. Notice has been posted on the public bulletin board. Formal Action will be taken. Mr. Knox stated that the Captain’s Cove Redevelopment and Wheeler application will both be carried to the February 13th meeting. Mr. Glass added that Wheeler will not need to re-notice. OATH OF OFFICE: Robert Burton, Jo-Anne Olszewski, Frank Montecalvo, Paul Sayah, Dean Cramer, and Stacy Vickery said their Oath of Office with Dustin Glass, Esq. ROLL CALL: Present: Mayor Broullon, Chief Burton, Councilmember Olszewski, Mr. Knox, Ms. LaRussa, Mr. Montecalvo, Mr. Sayah, Ms. Tierney, Mr. Zill, Ms. Chang, Mr. Cramer, Mr. Cody, and Ms. Vickery Absent: None Also Present: Dustin Glass Esq., Carmela Roberts, Alicia Jones, and Nancy Tran PUBLIC COMMENTS: None RESOLUTIONS: LAND USE BOARD RESOLUTION 2025-01 APPOINTING THE LAND USE BOARD CHAIR WHEREAS, Pursuant to the Revised General Ordinances of the Borough of Highlands Land Use Volume § 21-17A.4A the Land Use Board shall Elect a Chair from amongst its Class IV members; NOW THEREFORE IT IS RESOLVED, by the Land Use Board of the Borough of Highlands, that Robert Knox shall be named Chair in accordance with § 21-17A.4A for a term beginning January 1, 2025 and ending on December 31, 2025. OFFERED BY: Councilmember Jo-Anne Olszewski SECONDED BY: Chief Rob Burton AYES: Mayor Broullon, Chief Burton, Councilmember Olszewski, Mr. Knox, Ms. LaRussa, Mr. Montecalvo, Mr. Sayah, Ms. Tierney, Mr. Zill NAYS: None ABSTAIN: None ABSENT: None 1  LAND USE BOARD RESOLUTION 2025-02 APPOINTING THE LAND USE BOARD VICE CHAIR WHEREAS, Pursuant to the Revised General Ordinances of the Borough of Highlands Land Use Volume § 21-17A.4A the Land Use Board shall Elect a Vice Chair from amongst its Class IV members; NOW THEREFORE IT IS RESOLVED, by the Land Use Board of the Borough of Highlands, that Annemarie Tierney shall be named Vice Chair in accordance with § 21-17A.4A for a term beginning January 1, 2025 and ending on December 31, 2025. OFFERED BY: Mr. Knox SECONDED BY: Councilmember Olszewski AYES: Mayor Broullon, Chief Burton, Councilmember Olszewski, Mr. Knox, Ms. LaRussa, Mr. Montecalvo, Mr. Sayah, Mr. Zill NAYS: None ABSTAIN: Ms. Tierney ABSENT: None LAND USE BOARD RESOLUTION 2024-03 APPOINTING A LAND USE BOARD SECRETARY WHEREAS, Pursuant to the Revised General Ordinances of the Borough of Highlands Land Use Volume § 21-17A.4 the Land Use Board may elect a Secretary and Assistant Secretary, who may or may not be a member of the Land Use Board or a municipal employee, and fill such other offices as established by ordinance; NOW, THEREFORE, BE IT RESOLVED, by the Land Use Board of the Borough of Highlands that Nancy Tran shall be named Land Use Board Secretary in accordance with § 21-17A.4 for a term beginning January 1, 2025 and ending December 31, 2025. BE IT FURTHER RESOLVED, that Alicia Jones shall be named Land Use Board Assistant Secretary for a term beginning January 1, 2025 and ending December 31, 2025. OFFERED BY: Mayor Broullon SECONDED BY: Mr. Knox AYES: Mayor Broullon, Chief Burton, Councilmember Olszewski, Mr. Knox, Ms. LaRussa, Mr. Montecalvo, Mr. Sayah, Ms. Tierney, Mr. Zill NAYS: None ABSTAIN: None ABSENT: None Ms. Jones and Ms. Tran both thanked the Board. 2  LAND USE BOARD RESOLUTION 2025-04 APPOINTING A LAND USE BOARD ATTORNEY FOR THE CALENDAR YEAR 2025 AND AUTHORIZING THE AWARD OF A FAIR AND OPEN CONTRACT FOR PROFESSIONAL LEGAL SERVICES WHEREAS, the Borough of Highlands Land Use Board has a need for professional legal services to be provided for the calendar year 2025 pursuant to the provisions of N.J.A.S. 19:44A-20.5; and WHEREAS, the Borough has, through the fair and open process, publicly advertised for a Request for Proposals and Qualifications, and said requests for Professional Services –Land Use Board Attorney were received in the Office of the Municipal Clerk, and WHEREAS, such Professional Legal Services can only be provided by a licensed professional; and WHEREAS, the Land Use Board wishes to appoint the firm of Semeraro & Fahrney LLC; and WHEREAS, the Local Public Contracts Law N.J.S.A 40A:11-1 et. Seq., requires that notice with respect to contracts for professional services awarded without competitive bids must be publicly advertised. WHEREAS, the Chief Financial Officer has determined and certified in writing that the value of the contract will exceed $17,500; and WHEREAS, certification of the availability of funds is hereby made contingent upon the adoption of the 2025 Municipal Budget as follows: Account # 5-01-21-180-000-242 For Legal Services for the Period of January 1, 2025 through December 31, 2025. ___________________________________ Patrick DeBlasio, CFO NOW, THEREFORE, BE IT RESOLVED by the Land Use Board of the Borough of Highlands that: 1. Semeraro & Fahrney LLC is hereby appointed as Land Use Board Attorney for the period of January 1, 2025 through December 31, 2025 and said appointment is made as a fair and open contract. 2. This contract is awarded without competitive bidding as a “Professional Service” in accordance with the Local Public Contracts Law, N.J.S.A. 40A:11-5(1)(a) because it is for services performed by persons authorized by law to practice a recognized profession. 3. The Chairman and Board Secretary are hereby authorized to sign a contract for Professional Legal Services in accordance with this Resolution. 4. A copy of the Resolution as well as the contract shall be placed on file with the Board Secretary and the Borough Clerk. 3  5. The Board Secretary is hereby directed to publish notice of this award as required by law. OFFERED BY: Mr. Knox SECONDED BY: Mayor Broullon AYES: Mayor Broullon, Chief Burton, Councilmember Olszewski, Mr. Knox, Ms. LaRussa, Mr. Montecalvo, Mr. Sayah, Ms. Tierney, Mr. Zill NAYS: None ABSTAIN: None ABSENT: None Mr. Glass thanked the Board. LAND USE BOARD RESOLUTION 2025-05 APPOINTING A LAND USE BOARD ENGINEER FOR THE CALENDAR YEAR 2025 AND AUTHORIZING THE AWARD OF A FAIR AND OPEN CONTRACT FOR PROFESSIONAL ENGINEERING SERVICES WHEREAS, the Borough of Highlands Land Use Board has a need for professional engineering services to be provided for the calendar year 2025 pursuant to the provisions of N.J.A.S. 19:44A- 20.5; and WHEREAS, the Borough has, through the fair and open process, publicly advertised for a Request for Proposals and Qualifications, and said requests for Professional Services – Land Use Board Engineer were received in the Office of the Municipal Clerk. WHEREAS, certification of the availability of funds is hereby made contingent upon the adoption of the 2025 Municipal Budget as follows: Account # 5-21-180-000-244 For Engineer Services for the Period of January 1, 2025 through December 31, 2025. ___________________________________ Patrick DeBlasio, CFO NOW, THEREFORE, BE IT RESOLVED by the Land Use Board of the Borough of Highlands that: 1. Carmela Roberts, PE, CME, of Roberts Engineering Group LLC is hereby appointed as Land Use Board Engineer for the calendar year 2025 and is awarded a professional service contract for professional engineering services provided for the period of January 1, 2025 through December 31, 2025. 2. This contract is awarded without competitive bidding as a “Professional Service” in accordance with the Local Public Contracts Law, N.J.S.A. 40A:11-5(1)(a) because it is for services performed by persons authorized by law to practice a recognized profession. 4  3. The Chairman and Board Secretary are hereby authorized to sign a contract for Professional Legal Services in accordance with this Resolution. 4. A copy of the Resolution as well as the contract shall be placed on file with the Board Secretary and the Borough Clerk. 5. The Board Secretary is hereby directed to publish notice of this award as required by law. OFFERED BY: Mayor Broullon SECONDED BY: Ms. Tierney AYES: Mayor Broullon, Chief Burton, Councilmember Olszewski, Mr. Knox, Ms. LaRussa, Mr. Montecalvo, Mr. Sayah, Ms. Tierney, Mr. Zill NAYS: None ABSTAIN: None ABSENT: None Ms. Roberts thanked the Board. LAND USE BOARD RESOLUTION 2025-06 SETTING THE SCHEDULE FOR LAND USE BOARD MEETINGS OF THE BOROUGH OF HIGHLANDS FOR THE CALENDAR YEAR 2025 WHEREAS, Pursuant to the Revised General Ordinances of the Borough of Highlands Land Use Volume § 21-10A the Land Use Board shall fix the time and place for holding its regular meetings for business authorized to be conducted by the Board; WHEREAS, N.J.S.A 10:4-18 provides for “Annual Notice” which means at least once each year, within seven (7) days following the annual organization or reorganization meeting of a public body, every public body shall adopt, post, and distribute a schedule of its regular meetings for the coming year. The schedule must contain the date, time, and location of the meeting, in addition, it shall be mailed, telephoned, telegraphed, or hand delivered to at least two (2) newspapers which newspapers shall be designated by the public body to receive such notices; and NOW, THEREFORE, BE IT RESOLVED by the Land Use Board of the Borough of Highlands, County of Monmouth, and the State of New Jersey, that Meetings of the Board will begin at 7:00 PM during the year 2025, at the Municipal Building, 151 Navesink Avenue, Highlands, New Jersey 07732 in accordance with § 21-1.7A.4 as follows: 1. Meetings will be held on the following dates: Thursday February 13, 2025 Thursday March 13, 2025 Thursday April 10, 2025 Thursday May 8, 2025 Thursday June 12, 2025 5  Thursday July 10, 2025 Thursday August 14, 2025 Thursday September 11, 2025 Thursday October 9, 2025 * Regular/Reorganization Meeting Thursday November 13, 2025 Thursday December 11, 2025 2. Formal action will be taken at all Regular meetings. Thursday January 8, 2026* Public comments will be permitted at designated periods during all meetings. Executive Sessions, which are closed to the public, may be held to discuss matters authorized for closed sessions under N.J.S.A. 10:4-12. Prior to each Executive Session, the Land Use Board will convene in open session at which time a resolution will be adopted in accordance with N.J.S.A. 10:4-13 to enter Executive Session. Regular meetings may be adjourned, rescheduled, or held on different dates providing such are duly noticed as provided by law. 3. The Reorganization Meeting for 2026 shall be held at 7:00 PM on Thursday, January 8, 2026, at the Municipal Building, 151 Navesink Avenue, Highlands, New Jersey 07732. 4. The Land Use Board Secretary shall post this “Annual Notice” on the official bulletin board in the Municipal Building, transmit it to the Asbury Park Press and Two River Times, and file this notice in the Office of the Land Use Board Secretary and the Municipal Clerk of the Borough of Highlands, all in accordance with the “Open Public Meetings Act”. OFFERED BY: Mr. Knox SECONDED BY: Ms. Tierney AYES: Mayor Broullon, Chief Burton, Councilmember Olszewski, Mr. Knox, Ms. LaRussa, Mr. Montecalvo, Mr. Sayah, Ms. Tierney, Mr. Zill NAYS: None ABSTAIN: None ABSENT: None LAND USE BOARD RESOLUTION 2025-07 DESIGNATING THE OFFICIAL NEWSPAPERS OF THE BOROUGH OF HIGHLANDS LAND USE BOARD WHEREAS, Pursuant to the Revised General Ordinances of the Borough of Highlands Land Use Volume § 21-11(8) the Land Use Board shall publish a brief notice of their decisions in the official newspaper(s) of the municipality; WHEREAS, “Official Newspapers” as defined by N.J.A.S. 10:4 means paid, published, and circulated in the municipality, and if there be no such newspaper, then in at least one published in the county in which the municipality is located and said newspaper is circulated, and WHEREAS, P.L. 1975 c.231 provides that a public body may provide electronic notice of any meeting of the public body through the internet and defines “Electronic Notice” as advance notice available to the public via electronic transmission of at least forty-eight (48) hours, giving the time, date, 6 location, and, to the extent known, agenda of any Regular, Special, or Rescheduled Meeting, which notice shall accurately state whether formal action may or may not be taken at such meeting; and WHEREAS, Nothing in P.L. 1975 c.231 shall be construed as affecting or superseding the adequate notice requirements that are imposed by the “Open Public Meetings Act” and no electronic notice issued pursuant to this act shall be deemed to substitute for, or be considered in lieu of, such adequate notice. NOW, THEREFORE, BE IT RESOLVED by the Land Use Board of the Borough of Highlands, in the County of Monmouth, and the State of New Jersey, that the Asbury Park Press, and The Two River Times, be designated as the official newspapers for the advertising of ordinances and other public notices, which the municipality may be required by any law to publish, for the year ending December 31, 2025. OFFERED BY: Robert Knox SECONDED BY: Laurie LaRussa AYES: Mayor Broullon, Chief Burton, Councilmember Olszewski, Mr. Knox, Ms. LaRussa, Mr. Montecalvo, Mr. Sayah, Ms. Tierney, Mr. Zill NAYS: None ABSTAIN: None ABSENT: None OATH OF OFFICE: Mr. Knox took Oath of Office as Board Chair. Ms. Tierney took Oath of Office as Board Vice Chair. Ms. Jones took Oath of Office as Assistant Board Secretary. Ms. Jones thanked the Board again. APPROVAL OF MINUTES: December 12, 2024 Meeting Minutes Offered By: Chair Knox Seconded By: Mayor Broullon Ayes: Mayor Broullon, Chief Burton, Councilmember Olszewski, Mr. Zill, Vice Chair Tierney, Chair Knox Nays: None Abstain: Mr. Montecalvo Ineligible: Ms. LaRussa, Mr. Sayah Absent: None HEARINGS ON NEW BUSINESS: Lub24-05: McGhee – 43 Gravelly Point Rd., B100 L26.43 Prior to allowing Brian Baer, applicant’s Engineer, to present, Mr. Glass noted that the application is for a d variance and thus Mayor Broullon and Councilmember Olszewski would not participate. Mr. Baer described the property’s existing conditions and described the proposed project. Chair Knox asked whether they will be increasing the lot coverage. Mr. Baer answered no and noted that they proposing to increase building height. Mr. Glass clarified Mr. Baer’s presentation as Exhibit A1. Mr. Baer continued with his presentation, showing various views of the proposed project in relation to 7 adjoining properties. Chair Knox reminded Mr. Baer that each application stands on its own legs are reviewed on its own merits. Mr. Montecalvo asked for clarification regarding rain runoff management. Mr. Baer showed a video of the proposed system and material to be used. Mr. Sayah and Mr. Montecalvo agreed with Ms. Roberts’ suggestion of requiring an updated rainfall plan as a condition of approval. Mr. Glass clarified the requirement condition and Mr. Baer agreed. Chief Burton asked for clarification of the elevation zone and building height. Chair Knox noted the unique characteristics of the Gravelly Point development, a bungalow colony. Ms. Chang asked for clarification of the height variance for the bungalow colony and for the rest of Highlands. Chair Knox and Chief Burton noted that there were not many properties left in the development that has not been raised. With no public questions or comments, Ms. Roberts went over her review and made suggestions for conditions of approval, including demonstrating that runoff would not go onto neighboring properties. Mr. Glass summarized the application, noting the “d” variance and pre-existing variance, and gave his recommendations to the Board. Motion to approve with conditions: Mr. Sayah Seconded By: Chair Knox Ayes: Chief Burton, Ms. LaRussa, Mr. Montecalvo, Mr. Sayah, Mr. Zill, Vice Chair Tierney, Chair Knox Nays: None Abstain: None Ineligible: Mayor Broullon, Councilmember Olszewski Absent: None ADJOURNMENT Offered by Mayor Broullon and seconded by Ms. LaRussa. All in favor. None Opposed. Meeting adjourned at 7:51pm. I, Nancy Tran, certify that this is a true and correct record of the actions of the Borough of Highlands Land Use Board January 9, 2025 ___________________________________________ Nancy Tran, Land Use Board Secretary 8