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: Mark Utter, Ted Brace, Sharon Tufaro, Glenn Barbagallo, Darren Ponce, George Zitone, 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: None.

FLAG SALUTE

MINUTES

The Minutes of February 8, 2007 Land Use Board meeting and March 8, 2007 Land Use Board meeting were reviewed. A Motion was made by Glenn Barbagallo and seconded by Gene Crawford to approve the Minutes of the February 8, 2007 Land Use Board Meeting and the March 8, 2007 Land Use Board Meeting. All were in favor, except Mark Utter and Richard Innella, who abstained. The Motion was carried.

The Minutes of April 12, 2007 Land Use Board meeting were reviewed. A Motion was made by Ted Brace and seconded by Glenn Barbagallo to approve the Minutes of the April 12, 2007 Land Use Board meeting. All were in favor, except Mark Utter, Sharon Tufaro and Darren Ponce, who abstained. The Motion was carried.

The Minutes of May 10, 2007 Land Use Board meeting were reviewed. A Motion was made by Gene Crawford and seconded by Ted Brace to approve the Minutes of May 10, 2007 Land Use Board meeting. All were in favor, except Mark Utter, Darren Ponce and Katherine Snyder, who abstained. The Motion was carried.

Resolutions

Crown Aggregates, LLC - LUB 06-18 - Block 5, Lot 21 - Preliminary & Final Site Plan
(Revised Resolution):

Mr. Haggerty indicated that there was a clerical mistake on the original resolution. The distance between Crown Aggregates and the residential zone is 830 feet, but there is a residence in closer proximity than the 830 feet. At one point in the Resolution he indicated that the nearest residence is 830 feet. He had to correct this statement and amend the resolution.

The Revised Resolution was reviewed. A Motion was made by Ted Brace and seconded by Glenn Barbagallo to approve the Revised Resolution for a Preliminary & Final Site Plan. Roll Call: Ted Brace, yes; Sharon Tufaro, yes; Glenn Barbagallo, yes; Darren Ponce, yes; Ron Ruberto, yes; Gene Crawford, yes; Katherine Snyder, yes and Charles Teufert, yes. The Motion was carried.

OLD BUSINESS

Accessory Structure Ordinance Revisions:

Mr. Haggerty indicated at the last meeting the Zoning Officer, Sharon Tufaro, mentioned that the wording in this Ordinance was incorrect. It now states: that for the total of the floor or ground areas of all accessory buildings shall not exceed the floor or ground area whichever is smaller than the principal building on the same lot@. Before the ordinance read Abuilding@ singular which meant if each individual accessory building was smaller than the principal building, it was allowed. By changing it to Abuildings@ it includes all accessory structures. He also added a provision: This provision shall not apply to accessory buildings used for agricultural purposes on agriculturally assessed land.

A Motion was made by Gene Crawford and seconded by George Zitone to approve the Accessory Structures Ordinance with the changes noted by Mr. Haggerty and forward same to the Township Committee for approval and adoption. Roll Call: Sharon Tufaro, yes; Glenn Barbagallo, yes; Darren Ponce, yes; George Zitone, yes; Ron Ruberto, yes; Gene Crawford, yes; Katherine Snyder, yes; Charles Teufert, yes; and Richard Innella, yes. The Motion was carried.

Crown Aggregates, LLC:

Mrs. Tufaro indicated that DEP came to see her today to review the situation about the run off that is coming from this site during storms. She indicated that they also have some more serious issues that they are investigating and Crown Aggregates is working on correcting the problems.

Fence Ordinance:

Mr. Haggerty indicated that there are two changes that have been incorporated in the Fence Ordinance: 1) paragraph AA3" of the ordinance now reads AAll fences shall be constructed with the Agood side facing out@. Fence posts used in the construction of fences shall have a uniform appearance.@; 2) paragraph AB@ was added which states: Fences used for agricultural purposes shall be exempt from the setback requirements set forth herein and shall be permitted to have a height of up to eight (8) feet. Fences used for tennis courts shall be permitted to have a height of up to twelve (12) feet.

A Motion was made by Sharon Tufaro and seconded by Glenn Barbagallo to approve the Fence Ordinance with the changes noted by Mr. Haggerty and forward same to the township committee for approval and adoption. Roll Call: Sharon Tufaro, yes; Glenn Barbagallo, yes; Darren Ponce, yes; George Zitone, yes; Ron Ruberto, yes; Gene Crawford, yes; Katherine Snyder, yes; Charles Teufert, yes; and Richard Innella, yes; . The Motion was carried.

It was also noted that a letter should be sent to Donna Traylor of the Sussex County Office of Farmland Preservation forwarding a copy of this revised ordinance in response to her letter sent to the board with a concern about the height of the agricultural fences.

C-2 Zone (Highway Commercial Zone) Permitted Uses Amendment:

Mr. Haggerty indicated there was a discussion about service stations and the provision that exists in the gas station section of the township ordinances in the C-2 Zone which prohibit service stations from being located within a certain distance of another service station. This point was litigated and the court said that this provision is not a valid provision. Therefore, he has taken it out of the ordinance. The ordinance now reads ANo building permits or any such establishment shall be within a distance of Two Hundred (200) feet of any school, church, hospital or other place of assembly designed for occupancy by more than fifty (50) persons; said distance to be measured at a straight line between the nearest points of each of the lots or premises, regardless of the district where either premises is located.@

A Motion was made by Gene Crawford and seconded by Sharon Tufaro to approve the revision to the C-2 Zone as noted by Mr. Haggerty and to forward same to the township committee for approval and adoption. Roll Call: Sharon Tufaro, yes; Glenn Barbagallo, yes; Darren Ponce, yes; George Zitone, yes; Ron Ruberto, yes; Gene Crawford, yes; Katherine Snyder, yes; Charles Teufert, yes; and Richard Innella, yes. The Motion was carried.

Developer's Fee Ordinance:

This matter will be carried to the August 9, 2007 Land Use Board meeting.

High Point Residential Development:

Mr. Haggerty indicated that Fred Suljic would like to schedule a meeting with a sub committee of this board and a sub committee of the town council to review the proposed Ordinances submitted by the developer=s of High Point Country Club. The board agreed to schedule a sub committee meeting on August 14, 2007 at 5:00 p.m. at the town hall. The Sub Committee will be Glenn Barbagallo, Richard Innella, Gene Crawford and Ted Brace on behalf of the Township Committee. The Township Committee would also have to appoint another member of the committee to attend. It was also noted that Mr. Haggerty and Mr. O=Krepky should also attend the 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 Zitone Construction (LUB 06-24) (escrow) in the amount of $75.00; and

2) KSM Engineering regarding Youngman (escrow) in the amount of $75.00; and

3) KSM Engineering regarding Zernhelt (escrow) in the amount of $75.00; and

4) Dolan & Dolan regarding ADPP Enterprises (escrow) in the amount of $54.60; and

5) Dolan & Dolan regarding Bicum (escrow) in the amount of $27.30; and

6) Dolan & Dolan regarding Crown (escrow) in the amount of $266.18; and

7) Dolan & Dolan regarding General Administration (March & April) in the amount of $581.60; and

8) Dolan & Dolan regarding High Point Country Club (escrow) in the amount of $95.55; and

9) Dolan & Dolan regarding Masset (escrow) in the amount of $259.35; and

10) Dolan & Dolan regarding McDonald (escrow) in the amount of $361.73; and

11) Dolan & Dolan regarding Armstrong (escrow) in the amount of $279.83; and

12) Dolan & Dolan regarding Zitone (LUB 06-16) (escrow) in the amount of $54.50; and

13) Dolan & Dolan regarding Zitone (LUB 07-03) (escrow) in the amount of $81.90.

Roll Call: Mark Utter, yes; Ted Brace, yes; Sharon Tufaro, yes; Glenn Barbagallo, yes; Darren Ponce, yes; George Zitone, 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. Mr. Haggerty indicated that the board should go into executive session to discuss his letter regarding the pending litigation on Club Drive, LLC vs. Montague Township Land Use Board.

The rest of the correspondence was reviewed and no formal action was taken.

PUBLIC PARTICIPATION

The meeting was opened to the public.

Appearing before the board was Reginald R. Cole. Mr. Cole appeared before the board with a concern of the subdivision approval of Emmy Masset recently approved by the board. He questioned the board as to why the pins are not in yet and he would like to know why. Mr. Haggerty indicated that the reason the pins are not in yet is because this application was initially filed as a major subdivision which application was not pursued by the applicant. The applicant did not perfect the major subdivision. The applicant then modified the plans and submitted the plans under our ordinance for a minor subdivision approval. The applicant obtained a minor subdivision approval and there is nothing in the law that requires that the applicant set monuments. He referred to the Administrative Code provision that Mr. Cole forwarded to him. In the Administrative Code that he refers to states: Monuments required to be set pursuant to the map filing law. Mr. Haggerty indicated that this is not a filed map, this is a minor subdivision. There is a provision in this Administrative Code which does require a land surveyor to have a user of the land survey either elect to have markers or not have them set. He further stated that there is a provision that states if you don=t get that waiver of the markers, then the surveyor can be subject to fines and penalties. Mr. Haggerty indicated that it is standard practice for a surveyor when they take a survey order to send around a waiver form and most people waive the setting of the corners because they are expensive. He further stated that there is no requirement that it be done. Mr. Cole further stated that also in this statute it states that it has to be marked on the map or plot plan. Mr. Haggerty indicated in his interpretation of the Administrative Code provided by Mr. Cole there is nothing in this code that requires markers to be put in on a minor subdivision. The code does give the option of a waiver of placing markers.

Mr. Cole further stated that the driveway shown on the map on Lot 27 is on the applicant=s property not on Lot 27. Mr. Haggerty indicated that the board members are not surveyors and we can not make property decisions. What the board has before us and what was presented was a plat that was presented by a surveyor certifying it to be accurate. If it is not accurate, it may come out later between the property owners.

Mr. Cole further stated that on Lot 27 along the road there are no pins. He questioned that there are some other markers on the road along this subdivision and he would like to know who put them in, there are no identification numbers or name, which is listed in the Administrative Code that it is supposed to be labeled.

Mr. Haggerty questioned Mr. Cole as to what he looking for this evening from the board. He indicated that he was looking for the markers to be installed on this subdivision. Mr. Haggerty indicated that he feels this is not appropriate and the Resolution did not call for it. He further stated that Mr. Cole had a right to appeal the conditions of the Resolution. He indicated that he may not have this right now because of expiration of time. Mr. Haggerty further stated that the applicant is not here this evening and she did not ask for a re-hearing and the board will not consider revisiting the conditions. Mr. Cole reviewed Minutes from November 9, 2006 Land Use Board meeting where the applicant agreed to put them in.

There being no further public participation, this meeting was closed to the public.

CORRESPONDENCE CONT.

A Motion was made by Glenn Barbagallo and seconded by George Zitone to go into executive session to discuss pending litigation matters. Roll Call: Mark Utter, yes; Ted Brace, yes; Sharon Tufaro, yes; Glenn Barbagallo, yes; Darren Ponce, yes; George Zitone, yes; Ron Ruberto, yes; Gene Crawford, yes; Katherine Snyder, yes; Charles Teufert, yes; and Richard Innella, yes. The Motion was carried.

A Motion was made by Glenn Barbagallo and seconded by Sharon Tufaro to reconvene the meeting. All were in favor. The Motion was carried.

A Motion was made by Glenn Barbagallo and seconded by Gene Crawford to approve the renewal of the subscription of the Zoning Bulletin. Roll Call: Mark Utter, yes; Ted Brace, yes; Sharon Tufaro, yes; Glenn Barbagallo, yes; Darren Ponce, yes; George Zitone, yes; Ron Ruberto, yes; Gene Crawford, yes; Katherine Snyder, yes; Charles Teufert, yes; and Richard Innella, yes. The Motion was carried.

PUBLIC PARTICIPATION

This meeting was opened to the public. There being no public participation, this meeting was closed to the public.

ADJOURNMENT

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

Minutes prepared by:

SHARON M. YAROSZ
Land Use Administrator