Land Use Board Regular Meeting

Borough of Highlands LUB Meeting Minutes Municipal Building, 151 Navesink Ave., Highlands, NJ May 8, 2025 Acting Chair Tierney called the meeting to order at 7:00pm and asked all to stand for the Pledge of Allegiance. ROLL CALL: Present: Mayor Broullon, Chief Burton, Ms. LaRussa, Mr. Montecalvo, Councilmember Olszewski, Mr. Sayah, Mr. Zill, Acting Chair Tierney, Ms. Chang, Mr. Cramer, Mr. Cody, Absent: Chair Knox and Ms. Vickery Also Present: Board Engineer Carmela Roberts, Board Attorney Dustin Glass, Board Secretary Nancy Tran, Assist Board Secretary Alicia Jones PUBLIC COMMENTS: None APPROVAL OF MINUTES: April 10, 2025, LUB Meeting Minutes OFFERED BY: Mr. Sayah SECONDED BY: Mr. Zill AYES: Mayor Broullon, Mr. Montecalvo, Mr. Sayah, Mr. Zill, Ms. Chang, Mr. Cramer, Mr. Cody, Acting Chair Tierney NAYS: None ABSTAIN: None INELIGIBLE: Chief Burton, Ms. LaRussa, Councilmember Olszewski ABSENT: Chair Knox, Ms. Vickery RESOLUTIONS LUB Resolution 2025-12 Memorializing Consistent Review of O-25-05 Amendment to Sign Ordinance OFFERED BY: Mr. Sayah SECONDED BY: Mayor Broullon AYES: Mayor Broullon, Mr. Montecalvo, Mr. Sayah, Mr. Zill, Ms. Chang, Mr. Cramer, Mr. Cody, Acting Chair Tierney NAYS: None ABSTAIN: None INELIGIBLE: Chief Burton, Ms. LaRussa, Councilmember Olszewski ABSENT: Chair Knox, Ms. Vickery LUB Resolution 2025-13 Memorializing Amendment to Resolution for LUB25-04: Honorable Plant – 123 Bay Ave., B46 L3 OFFERED BY: Mr. Sayah SECONDED BY: Mayor Broullon AYES: Mayor Broullon, Mr. Sayah, Mr. Zill, Mr. Cramer, Mr. Cody, Acting Chair Tierney NAYS: None 1 RECUSE: Mr. Montecalvo INELIGIBLE: Chief Burton, Ms. LaRussa, Councilmember Olszewski, Ms. Chang ABSENT: Chair Knox, Ms. Vickery LUB Resolution 2025-14 Memorializing Revised Approval of Bulk Variance for LUB25-03: Nastasi – 19 Gravelly Point, B100 L26.19 OFFERED BY: Mr. Cody SECONDED BY: Acting Chair Tierney AYES: Mayor Broullon, Mr. Montecalvo, Mr. Sayah, Mr. Zill, Mr. Cramer, Mr. Cody, Acting Chair Tierney NAYS: None RECUSED: Ms. Chang INELIGIBLE: Chief Burton, Ms. LaRussa, Councilmember Olszewski ABSENT: Chair Knox, Ms. Vickery HEARING ON NEW BUSINESS LUB2022-04: Kirsh Kraft – 9 Fifth St., B57 Ls 8 & 9 – Extension Request Mr. Glass explained the applicant’s request and suggested 90-day extension. OFFERED BY: Chief Burton SECONDED BY: Ms. LaRussa AYES: Chief Burton, Ms. LaRussa, Mr. Montecalvo, Councilmember Olszewski, Mr. Sayah, Mr. Zill, Ms. Chang, Mr. Cramer NAYS: None ABSTAIN: Acting Chair Tierney RECUSE: Mayor Broullon ABSENT: Chair Knox and Ms. Vickery Consistency Review of O-25-10 Amending Steep Slopes Ordinance Mayor Broullon explained the changes. Ms. Chang asked for clarification of items E4 and 130% figure. Ms. Roberts explained and then noted administrative edit of updating C4 that is not included in the O-25-10 but is affected to be revised to be, “… compliance with Subsections E1 through E3…” OFFERED TO ADOPT WITH ADMINISTRATIVE EDIT: Paul Sayah SECONDED BY: Acting Chair Tierney AYES: Mayor Broullon, Chief Burton, Ms. LaRussa, Mr. Montecalvo, Councilmember Olszewski, Mr. Sayah, Mr. Zill, Mr. Cramer, Acting Chair Tierney NAYS: None ABSTAIN: Ms. Chang INELIGIBLE: None ABSENT: Chair Knox, Ms. Vickery 2 LUB25-01: Ayers – 19 Bay Ave., B38.01 L13 – Use Variance Mayor Broullon and Councilmember Olszewski stepped down from the dais. Dan O’Hern, Esq., applicant’s attorney, explained the application and described the property and the proposed change of use. Jennifer Cook, representative for Mr. Ayers, was sworn in and gave details of the sq ft correction and of the parking situation. Carmela Roberts asked for clarification the aisle width of the parking area and explained the number of required parking spaces needed. Discussing regarding parking spaces requirements ensued. Acting Chair Tierney asked for clarification of their Zillow and AirBnB listings. Susan Gruel, Board Planner, was sworn in and raised points relating to the use variance and its impact to the Master Plan. Mr. Zill asked for an example of a positive criteria and Ms. Gruel answered and noted that the property was never approved for any residential usage. Mr. Zill noted that there was no hardship as the property could be rented for commercial use. Chief Burton gave history of the Borough’s use of the property and its resulting car traffic coming in and out. Mr. Cramer asked if the property was always intended for commercial use. Mr. O’Hern noted that they are not claiming any economic hardship and stated that there would be no negative impact due to the small residential use with the downstairs remaining as commercial use. Ms. LaRussa asked for clarification of a d variance approval and Mr. Glass answered to which Mr. O’Hern agreed. Mr. Glass asked for clarification of the covered porch in their exhibit and the accuracy of the submitted survey. Ms. Cook stated that the survey was not updated after the addition of the covered porch. Acting Chair Tierney asked how the upstairs is currently used and Ms. Cook answered and asked about the existing apartments in the vicinity. The Board answered that the apartments were pre-existing non-conformity. Acting Chair Tierney opened the floor for public comments. Carolyn Broullon, Miller St., was sworn in and shared her experience when the property was rented to the Borough for its Administrative and Building Department. She expressed concern about how an approval could prompt surrounding commercial property owners to seek the same. Ms. Roberts noted that she would ideally want a new survey. Acting Chair Tierney asked if the applicant would want to come back with their own planner and Mr. O’Hearn stated that they were ready for the Board’s vote. OFFERED TO DENY BY: Ms. LaRussa SECONDED BY: Mr. Sayah AYES: Chief Burton, Ms. LaRussa, Mr. Montecalvo, Mr. Sayah, Mr. Zill, Ms. Chang, Acting Chair Tierney 3 NAYS: None ABSTAIN: INELLIGIBLE: Mayor Broullon, Councilmember Olszewski ABSENT: Chair Knox and Ms. Vickery EXECUTIVE SESSION: Attorney-Client Privilege: Affordable Housing – Fourth Round Housing Plan Acting Chair Tierney read LUB Resolution 2025-15 to enter Executive Session. OFFERED BY: Mayor Broullon SECONDED BY: Ms. LaRussa AYES: Mayor Broullon, Chief Burton, Ms. LaRussa, Mr. Montecalvo, Councilmember Olszewski, Mr. Sayah, Mr. Zill, Ms. Chang, Acting Chair Tierney NAYS: None ABSTAIN: None ABSENT: Chair Knox, Ms. Vickery The board entered the Executive Session at 8:11pm and exited at 8:38pm. Prior to adjournment, Acting Chair Tierney asked if there were any questions. ADJOURNMENT Offered by Mayor Broullon and seconded by Mr. Montecalvo. All in favor. None opposed. Meeting adjourned at 8:38 pm. I, Nancy Tran, certify that this is a true and correct record of the actions of the Borough of Highlands Land Use Board May 8, 2025 ___________________________________________ Nancy Tran, Land Use Board Secretary 4