Open public meeting statement.  The meeting was called to order by Vice Chairman, Glenn Barbagallo, 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’s Designee), Ted Brace, Sharon Tufaro, Darren Ponce, George Zitone, Ron Ruberto, Gene Crawford, Katherine Snyder, Charles Teufert, Glenn Barbagallo, Sharon M. Yarosz, the board secretary, William Haggerty, Esq., the board attorney, and Michael O’Krepky, the board engineer.

Those absent were:  Richard Innella (excused)

MINUTES

It was noted that the February 8, 2007 Land Use Board Minutes were not yet prepared.

RESOLUTIONS

Zitone Construction Co., Inc. – LUB 07-03 – Final Major Subdivision – Block 7, Lot 33.30:

The Resolution was reviewed.  A Motion was made by Gene Crawford and seconded by Ted Brace to approve the Resolution for an Application by Zitone Construction Co., Inc. for a Final Major Subdivision.  Roll Call:  Jason Dunn, yes; Ted Brace, yes; Sharon Tufaro, yes; Darren Ponce, yes; Ron Ruberto, yes; Gene Crawford, yes; Katherine Snyder, yes; Charles Teufert, yes; and Glenn Barbagallo, yes.  The Motion was carried.

Richard Carlson/Community Corporation of Highpoint, Inc. – LUB 07-01 – Interpretation and/or Variance Application:

The Resolution was reviewed.  A Motion was made by Darren Ponce and seconded by Gene Crawford to approve the Resolution for a Variance for Community Corporation of Highpoint, Inc.  Roll Call:  Glenn Barbagallo, yes; Darren Ponce, yes; George Zitone, yes; Ron Ruberto, yes; Gene Crawford, yes; Katherine Snyder, yes; and Charles Teufert, yes.  The Motion was carried.

Emma Masset – LU-10-01-03 – Preliminary Site Plan Extension Request – Block 40, Lot 3:

The Resolution was reviewed.  A Motion was made by George Zitone and seconded by Gene Crawford to approve the Resolution for an Extension of a Preliminary Site Plan for Emma Masset.  Roll Call:  Jason Dunn, 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; and Charles Teufert, yes.  The Motion was carried.

Zitone Construction and Supply Company, Inc. – Minor Subdivision Extension Request – Block 7, Lots 33 & 33.21:

The Resolution was reviewed.  A Motion was made by Ron Ruberto and seconded by Ted Brace to approve the Resolution for an Extension of a Minor Subdivision for Zitone Construction and Supply Company, Inc.  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; and Charles Teufert, yes.  The Motion was carried.

Zitone Construction and Supply Company, Inc. – Minor Subdivision Extension Request – Block 4, Lot 65:

The Resolution was reviewed.  A Motion was made by Ted Brace and seconded by Gene Crawford to approve the Resolution for an Extension of a Minor Subdivision for Zitone Construction and Supply Company, Inc.  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; and Charles Teufert, yes.  The Motion was carried.

APPLICATIONS CARRIED FROM PREVIOUS MEETING

Crown Aggregates, LLC – LUB 06-18 – Block 5, Lot 21 – Site Plan:

George Zitone stepped down from this application

Appearing before the board was the applicant’s attorney, Francis McGovern, and the applicant’s engineer, Allen Campbell, who is still under oath from the previous meeting.

Mr. Haggerty indicated that at the last meeting a question was asked about the weigh scale and office trailer on the site and if it required a use variance.  He further indicated that the testimony that was given was that from 1927 the site was used for soil and gravel removal.  He stated that the weigh scale does not expand the operation of the gravel removal, but it rather allows it to be in compliance with the state regulatory requirements.  He does not consider this to be an expansion, but a modernization of the site.  He further stated that the trailer is needed to monitor the weigh station and properly supervise the operation of the sand and gravel removal.  He does not see this as an expansion, but an appropriate way to control the use. 

Mr. McGovern indicated that at the last meeting there was some discussion about the crusher on the site.  Mr. Campbell indicated that this machinery, which is leased, is typically brought to the sight when materials are encountered that are not manageable as the small or aggregate sizes.  Mr. Campbell gave a lengthy explanation of the operation of crushers.  He stated that the crusher will be on site on an as needed basis.  Mr. Haggerty questioned the applicant if the crusher could be used only during the week days and not on the weekends or holidays.  Mr. Martinho indicated that this would be satisfactory.  He also indicated that the hours of operation will start at 6:30 to 4:00 during the week. 

Mr. O’Krepky referred to the dust suppression from the operation.  He suggested that this portion of the maintenance could be added into the applicant’s Facilities Impact Report on a monthly basis just describing the efforts that have been done on a daily basis.  The applicant agreed to this.

Mr. Dunn questioned the applicant if they would be willing to put more buffering between the residents and his operation.  There was testimony from the public last month that she was able to see through the trees to the operation.  Mr. Campbell indicated that he meet with Mr. O’Krepky to evaluate the site from the residential dwellings where there may be visibility from these properties to the applicant’s site.  At this point, if there is a need for buffering, they will discuss it with the applicant. 

This matter was opened to the public.

Appearing before the board was Elizabeth Kobe who indicated she was still under oath from the previous meeting.  Ms. Kobe indicated to the board that she does have a disability and a medical condition to sound.  She indicated that when the crushers are in activity it affects her quality of life and she can’t function and do her job.  The sounds come right into her living room and kitchen.   Ms. Kobe submitted the following exhibits to the board which shows the actual barrier between her house and the applicant’s site.  She indicated that they are young trees and they are not very thick and the sound still comes through.  The exhibits were marked as Exhibits “OK-1” through “OK-5”.  Exhibit “OK-1” is a google photograph of the buffer.  Exhibit “OK-2” is a photograph from her backyard looking towards the gravel pit.  Exhibit “OK-3” is a photograph with a zoom lense from her property towards the gravel pit.  Exhibit “OK-4” is a photograph with a regular lense from her property towards the gravel pit.  Exhibit “OK-5” is a photograph from her property to the gravel pit. 

Mr. Campbell indicated that the applicant is working on some alternatives that would help remedy some of the concerns of the neighbors.  He further indicated that as previously stated that Mr. O’Krepky and himself looking at the buffering would not do any good for the noise problem.  He indicated that the applicant will work a pattern of planting to help reduce the noise.  He indicated that vegetative areas are one of the larger influences to absorbing noise.  He stated that the embankment he testified that will be done, this is a big impact on reduction of the noise.  He testified that there will be a ridge between the silitation basin and those adjacent residential dwellings.  He is recommending and presenting along the ridge they will place 4 to 5 foot evergreen trees or some species that would seem to be reasonable to be forced in this area. 

Mr. Dunn questioned Mr. Campbell if the crusher can be strategically placed in areas that are as far away from the residences in a depressed area.  Mr. O’Krepky also questioned if they could put the crusher in the rear of the property of the proposed excavation, they would have a natural berm.  Mr. Campbell indicated that they could do this with best efforts to keep the crushers and screeners in proximity to the depth of the excavation. 

There being no further public, the matter was closed to the public.

Mr. Haggerty summarized the application.  He indicated that this is a site plan approval with no variances.  Mr. O’Krepky prepared a report for this application, which was reviewed at the last Land Use Board meeting wherein he made certain recommendations and he would suggest that the board consider incorporating those recommendations in any action the board may take, which included monthly and annual reports.  There was also conditions as follows:  1) That the crusher would be used only Mondays through Fridays; 2) The dust control would be incorporated in the monthly facilities report; 3) Plantings would be installed subject to Mr. O’Krepky’s review for the purpose of sound buffering; and 4) Where possible the crusher and screener would be located in the depth of the excavation (the toe of the working slope).

Mr. Brace questioned if there would be fees and bonding done for this application.  Mr. Haggerty indicated that last month the board discussed putting into a place a licensing application for this type of operation which would cover the monthly and yearly monitoring of this type of operation.  Mr. O’Krepky indicated that Mr. Brace was referring to a Reclamation Bond.  He further explained if the applicant pulled out of the operation the township would have the ability to reclaim the property with the Reclamation Bond.  The township could then grade the property and restore it.  He suggested that the applicant’s engineer prepare an estimate for a Reclamation Bond and submit it to the board engineer for review and approval. 

Ms. Crawford questioned if there can be a condition of approval to notify the neighbors in advance when the crushers are going to be there.  The applicant agreed as long as the neighbors give the notification information to the applicant.

A Motion was made by Ted Brace and seconded by Sharon Tufaro to approve the Site Plan application with the following conditions:  1)  Crusher used only Monday through Friday and Federally recognized Holidays; 2)  Meet with Mr. O’Krepky to establish more buffering between residential dwellings and subject property; 3)  Facilities Report done monthly with sediment control and dust control; 4)  Contact the neighbors when using crusher; 5)  Conditions set forth in Mr. O’Krepky report dated February 1, 2007; 6)  Equipment location best feasible area to minimize noise; and 7) Reclamation Bond.  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; and Charles Teufert, yes.  The Motion was carried.

Mr. McGovern asked the board for a Waiver of the Reading of the Resolution to commence the operation.  A Motion was made by Ted Brace and seconded by Jason Dunn to waive the reading of the resolution so the applicant can commence his operation.  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; and Charles Teufert, yes.  The Motion was carried. 

George Zitone returned to the meeting.

OLD BUSINESS

Inclusionary Zoning Ordinance:

Mr. Haggerty indicated that the Governing Body had a first reading on the Inclusionary Zoning Ordinance.  He indicated that there should be a change in the Ordinance which was left out which is:  if the units are not built in this area, the COAH Fee would be $28,400.  It is mentioned in the Ordinance, but it should be spelled out in detail.

A Motion was made George Zitone and seconded by Gene Crawford to recommend to the Governing Body to adopt the Inclusionary Zoning Ordinance with the recommendation suggested by Mr. Haggerty.  All were in favor.  The Motion was carried.

VOUCHERS

A Motion was made by Gene Crawford and seconded by Ted Brace to pay the following vouchers:

KSM Engineering, P.C. regarding Crown Aggregates (escrow) in the amount of $562.50; and

KSM Engineering, P.C. regarding Zitone Construction (escrow) (B. 7, L. 33.30) in the amount of $75.00; and

KSM Engineering, P.C. regarding Community Corp. (escrow) in the amount of $262.50; and

KSM Engineering, P.C. regarding Youngman (escrow) in the amount of $75.00; and

KSM Engineering, P.C. regarding Zitone Construction (escrow) (B. 7, L. 33 & 33.21) in the amount of $75.00; and

KSM Engineering, P.C. regarding Zitone Construction (escrow) (B. 4, L. 65) in the amount of $75.00; and

KSM Engineering, P.C. regarding General Administration (February) in the amount of $300.00; and

Dolan & Dolan regarding Jupin (escrow) in the amount of $229.69; and

Dolan & Dolan regarding Community Corp. (escrow) in the amount of $359.63; and

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

Dolan & Dolan regarding General Administration (December & January) in the amount of $1,390.89; and

Dolan & Dolan regarding Jurkovich (escrow) in the amount $59.06; and

Dolan & Dolan regarding ADPP Enterprises (escrow) in the amount of $543.38; and

Dolan & Dolan regarding Zitone (escrow) (B. 4, L. 65) in the amount of $101.06; and

Dolan & Dolan regarding Crown Aggregates (escrow) in the amount of $120.75; and

Dolan & Dolan regarding Zitone (escrow) (B. 7, L. 33 & 33.21) in the amount of $475.13; and

Dolan & Dolan regarding Biccum (escrow) in the amount of $61.43; and

Dolan & Dolan regarding Zitone (escrow) (Final Subdivision) in the amount of $54.60;

Dolan & Dolan regarding Monjoy (escrow) in the amount of $26.25; and

Dolan & Dolan regarding Masset (escrow) in the amount of $381.94.

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

CORRESPONDENCE

The correspondence was reviewed.  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 George Zitone and seconded by Ted Brace to adjourn the meeting.  All were favor.  The Meeting was adjourned.

Minutes prepared by:
SHARON M. YAROSZ
Land Use Board Secretary