MINUTES OF THE AUGUST 9, 2007 MONTAGUE TOWNSHIP LAND USE BOARD MEETING

Open public meeting statement: The meeting was called to order by Chairman, Richard Innella, and a statement was made that the meeting was duly advertised and met all of the requirements of the Open Public Meetings Act.  Those present were: Jason Dunn (As Mayor Designee), Ted Brace, Sharon Tufaro, Glenn Barbagallo, Darren Ponce, Ron Ruberto, Gene Crawford, Katherine Snyder, Charles Teufert, Richard Innella, Sharon M. Yarosz, the board secretary, William Haggerty, Esq., the board attorney and Michael O=Krepky, the board engineer.

Those absent were: George Zitone.

FLAG SALUTE

MINUTES

The Minutes of July 12, 2007 Land Use Board meeting were reviewed.  A Motion was made by Sharon Tufaro and seconded by Gene Crawford to approve the Minutes of the July 12, 2007 Land Use Board Meeting. All were in favor.  The Motion was carried.

The Minutes of July 12, 2007 Land Use Board Executive Session were reviewed.  A Motion was made by Glenn Barbagallo and seconded by Gene Crawford to approve the Executive Session Minutes of the July 12, 2007 Land Use Board meeting.  All were in favor.  The Motion was carried.

NEW APPLICATIONS

Gerald Williams - LU-05-06-3 - Block 46, Lot 33 - Doremus Lane - AD@ Variance:

It was noted by the board secretary that the New Jersey Herald printed the wrong date for the notice.  The applicant did submit the correct information to the Herald. She further indicated that she spoke to the New Jersey Herald and they will re-run the ad at no cost to the applicant for the September 13, 2007 Land Use Board Meeting.  It was also noted that the surrounding property owners were given the correct notice of the hearing by the applicant.  It was requested by the applicant that since it was not his error that this matter be carried without further notice to the surrounding property owners and that notice be given by the New Jersey Herald only to the September 13, 2007 Land Use Board meeting.

A Motion was made by Glenn Barbagallo and seconded by Jason Dunn to carry this application without further notice to the surrounding property owners, but notice is to be given by publication for the September 13, 2007 Land Use Board meeting.  All were in favor.  The Motion was carried.

Community Corp. of High Point - LUB 07-09 - Block 18.58 - AC@ Variance for Sign:

Appearing before the board was the applicant's attorney, David Wallace, and the Administrator of Community Corp., Ken Cosier.

Mr. Haggerty indicated to the applicant that there was a couple of issues with this application, the first being that there is a notice problem with the application.  The notice listed the ATownship of Frankford@ instead of the ATownship of Montague.@  The second issue, is there is a question of title in the sense that the applicant=s attorney indicated in a letter to the board that this property is owned by the golf course; and if it is on property owned by the golf course, the applicant would have to have a consent of the golf course.  Mr. Wallace indicated that according to his research, it is not owned by the golf course, however, it may be the owner=s of the golf course position, but he disagrees.  Mr. Haggerty indicated that in Mr. Wallace=s letter to the board there is a paragraph that talks about an island on property that is owned by the golf course.  Mr. Wallace indicated that the island he referred to is in front of where the applicant=s are proposing the sign.  He further stated that there are two islands with a little road that connects ingoing and outgoing lanes.  On one island is the gate house and this is where the sign is intended to be.  He further indicated that the other island has trees and a sign for the golf course.

Mr. Haggerty indicated that there is a notice problem with this application and testimony can not be continued.  He indicated that this issue of ownership should be resolved before the applicant comes back before the board.  He further indicated that the property in question is not listed as a separate tax block and lot.  He stated that he spoke to the attorney for the golf course and it is their position that they own the parcel in question and they have not consented to the application.  Mr. Wallace indicated that the simplest way to resolve this is a survey.  He further stated that he submitted a part of a deed which is very clear of the ownership.

Also appearing before the board was Richard Stein. Esq. of Laddey, Clark & Ryan on behalf of the golf course and he is before the board as an objector.  Mr. Stein indicated to the board that the title issue is not one that will be resolved standing before the board tonight.  He further stated that the notice issue is one that the board can resolve immediately this evening and the matter should be carried for proper notice.  In the meantime Mr. Wallace and he can speak and resolve the title issue.  Mr.  Haggerty agreed with Mr. Stein.

A Motion was made by Glenn Barbagallo and seconded by Ted Brace to deem this application incomplete and for the applicant to properly re-notice the surrounding owners and newspaper.  All were in favor.  The Motion was carried.

Cellco Partnership d/b/a Verizon Wireless - LUB 07-07 - Block 18.42, Lot 7 - Clove Road - Preliminary & Final Site Plan & Variance:

Mr. Brace, Mr. Dunn and Mrs. Tufaro stepped down from this application due to the fact that this applicant was requesting a AD@ Variance.

See Transcripts prepared by Iris LaRosa, C.S.R. of Precision Reporting Service which are attached hereto and made part hereof.

A Motion was made by Glenn Barbagallo and seconded by Gene Crawford to carry this application to the October 11, 2007 Land Use Board meeting without further notice.  All were in favor.  The Motion was carried.

Mr. Brace, Mr. Dunn and Mrs. Tufaro returned to the meeting.

OLD BUSINESS

Developer's Fee Ordinance:

This matter will be carried to the September 13, 2007 Land Use Board meeting.

VOUCHERS

The vouchers were reviewed.  A Motion was made by Darren Ponce and seconded by Glenn Barbagallo to approve the following vouchers:

l) KSM Engineering regarding Araugo (escrow) in the amount of $375.00; and

2) KSM Engineering regarding Whitegate Homes, LLC (escrow) in the amount of $450.00; and

3) KSM Engineering regarding Community Corp. (LUB 07-02) (escrow) in the amount of $1,500.00; and

4) Dolan & Dolan  regarding Bicum (escrow) in the amount of $109.20; and

5) Dolan & Dolan regarding Zitone (07-03) (escrow) in the amount of $76.15; and

6) Dolan & Dolan regarding Zernhelt (escrow) in the amount of $34.13; and

7) Dolan & Dolan regarding High Point Country Club (escrow)  in the amount of $252.53; and

8) Dolan & Dolan regarding Zernhelt (escrow)  in the amount of $150.15; and

9) Dolan & Dolan regarding General Administration (May & June) in the amount of $413.65; and

10) Dolan & Dolan regarding Club Drive, LLC (Lawsuit) (General Administration) in the amount of $135.00.

Roll Call: Jason Dunn, yes; Ted Brace, yes; Sharon Tufaro, yes; Glenn Barbagallo, yes; Darren Ponce, yes; Ron Ruberto, yes; Gene Crawford, yes; Katherine Snyder, yes; Charles Teufert, yes; and Richard Innella, yes.  The Motion was carried.

CORRESPONDENCE

The correspondence was reviewed and no formal action was taken.

PUBLIC PARTICIPATION

The meeting was opened to the public.  There was no public participation.  The meeting was closed to the public.

ADJOURNMENT

Having no further business, a Motion was made by Glenn Barbagallo and seconded by Gene Crawford to adjourn the meeting.  All were in favor.  The meeting was adjourned.

Minutes prepared by:

SHARON M. YAROSZ
Land Use Administrator