Open public meeting statement: The meeting was called to order by Chairman, George Zitone, 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: Joseph Barbagallo, Charles Teufert, Sharon Tufaro, Glenn Barbagallo, Darren Ponce, Richard Innella, Ron Ruberto, Gene Crawford, Katherine Snyder, Glen Plotsky, George Zitone, Sharon M. Yarosz, the board secretary, and William Haggerty, Esq., the board attorney. Those absent were: None.

FLAG SALUTE

MINUTES

It was noted that the February 14, 2008 Minutes were not yet completed.

The Minutes of March 13, 2008 Land Use Board meeting were reviewed. A Motion was made by Mrs. Snyder and seconded by Mrs. Tufaro to approve the Minutes of the March 13, 2008 Land Use Board Meeting. Mr. Barbagallo, abstain; Mr. Teufert, abstain; Mrs. Tufaro, yes; Mr. Barbagallo, yes; Mr. Ponce, yes; Mr. Innella, abstain; Mr. Ruberto, yes; Ms. Crawford, yes; Mrs. Snyder, yes; Mr. Plotsky, yes; and Mr. Zitone, yes. The Motion was carried.

EXTENSIONS

Debra Youngman - LU-2-05-1 - Block 47, Lot 14 - Red Hill Road - Preliminary Major Subdivision:

A letter was received from the applicant to request a 1 year extension of the approved Preliminary Major Subdivision. A Motion was made by Mr. Barbagallo and seconded by Mr. Innella to approve the requested 1 year extension of the above Preliminary Major Subdivision as requested by the applicant. Roll Call: Mr. Barbagallo, yes; Mr. Teufert, yes; Mrs. Tufaro, yes; Mr. Barbagallo, yes; Mr. Ponce, yes; Mr. Innella, yes; Mr. Ruberto, yes; Ms. Crawford, yes; Mrs. Snyder, yes; Mr. Plotsky, yes; and Mr. Zitone. The Motion was carried.

Frances Biccum - LUB 06-22 - Block 5, Lot 50 - Steenykill Road - Variance:

A letter was received from the applicant requesting a 90 day extension on the conditions of her Resolution due to a financial hardship. It was noted by Mrs. Tufaro that this applicant has not applied for the building permits as of this date. A lengthy discussion was held with regard to this issue.

A Motion was made by Mr. Barbagallo and seconded by Mr. Teufert to have the board attorney write a letter to the applicant directing her to apply for the building permits and appear at the next regular meeting of the Land Use Board to report as to the status of the conditions. Roll Call: Mr. Barbagallo, abstain; Mr. Teufert, yes; Mrs. Tufaro, yes; Mr. Barbagallo, yes; Mr. Ponce, yes; Mr. Innella, yes; Mr. Ruberto, yes; Ms. Crawford, yes; Mrs. Snyder, yes; Mr. Plotsky, yes; and Mr. Zitone, abstain. The Motion was carried.

APPLICATIONS CARRIED FROM A PREVIOUS MEETING

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

A letter was received from the applicant's attorney requesting that this matter be carried to the May 8, 2008 Land Use Board meeting without further notice. Mr. Haggerty indicated that we did received a report last week from the township's consultant, Mr. Hecht, with regard to the RF Engineer report. Mr. Hecht did request certain documents from the applicant's engineer which will be furnished and ready for a hearing next month.

A Motion was made by Mr. Barbagallo and seconded by Mr. Teufert to carry this application without further notice to the May 8, 2008 Land Use Board meeting without further notice. Roll Call: Mr. Barbagallo, yes; Mr. Teufert, yes; Mrs. Tufaro, yes; Mr. Barbagallo, yes; Mr. Ponce, yes; Mr. Innella, yes; Mr. Ruberto, yes; Ms. Crawford, yes; Mrs. Snyder, yes; Mr. Plotsky, yes; and Mr. Zitone, yes. The Motion was carried.

ADPP Enterprises, Inc. - LUB 08-01 - Block 2, Lot 6 - Route 23 - Preliminary & Final Site Plan:

A letter was received from the applicant's attorney requesting that this matter be carried to the May 8, 2008 Land Use Board meeting until the traffic report on behalf of the township is finalized. A Motion was made by Mr. Barbagallo and seconded by Mr. Innella to carry this application to the May 8, 2008 Land Use Board meeting without further notice. Roll Call: Mr. Barbagallo, yes; Mr. Teufert, yes; Mrs. Tufaro, yes; Mr. Barbagallo, yes; Mr. Ponce, yes; Mr. Innella, yes; Mr. Ruberto, yes; Ms. Crawford, yes; Mrs. Snyder, yes; Mr. Plotsky, yes; and Mr. Zitone, yes. The Motion was carried.

OLD BUSINESS

COAH & Plan Endorsement Update:

Appearing before the board was the board Planner, Fred Suljic. Mr. Suljic noted to the board that COAH is a voluntary process, except if the township believes there are any major lands in the township that can ever have a developer file a builder's remedy suit and if the township wants to obtain Plan Endorsement. Mr. Suljic handed out to the board a copy of his report with regard to COAH. He explained to the board the new proposed rules filed by COAH, a copy of which is attached hereto and made a part hereof. The main changes were: instead of 1 COAH unit for every 8 c/o's issued it is now 1 COAH unit for every 4 c/o's issued for residential units; with regard to the commercial units, it went from 1 COAH unit for every 25 jobs created to 1 COAH unit for every 16 jobs created; the Payment in lieu of constructing an affordable unit established is now $180,267 for this area; and the Regional Contribution Agreements (RCA's) increased from $35,000 to $80,000.

Mr. Suljic reviewed the Status of the Previous Round II & III Obligations with COAH for Montague Township:

1987-1999 New Construction (Round II): 8
2004-2014 Growth Share - Residential (Round III): 50
2004-2014 Growth Share - Non. Resid. (Round III): 7

Total Growth Share Obligation - Rounds II & III: 65

Mr. Suljic reviewed the Status of the New Round II & III Obligations with COAH for Montague Township:

1987-1999 New Construction (New Round II) 9
2004-2018 Growth Share - Residential (Round III) 60
2004-2018 Growth Share - Non. Resid. (Round III) 15

Total Growth Share Obligation - Rounds II & III 84

APPLICATIONS FROM A PREVIOUS MEETING

Clint & Gina Rosenfeld - LUB 08-02 - Block 48.01 - Lot 21.02 - Height Variance:

Mr. Haggerty indicated that he received a letter from the above applicants, who purchased one of the three lots from the subdivision approved by this board for Emmy Masset. She was concerned whether or not they would need a stormwater management plan. He indicated in the original resolution for Emmy Masset, the condition said ΑThe applicant is to provide the engineer for the Land Use Board with documentation to establish that the development would not result in greater then 1/4 acre of impervious coverage or more than one acre of disturbance. In the event that the threshold should be exceeded, then the applicant is to provide a stormwater management plan in compliance with the RSIS satisfactory to the engineer of the Land Use Board.≅ He further indicated that the Resolution this board passed for the above applicant, Rosenfeld, the board took the same language and said they would have to file with the engineer a stormwater management, plan, but he feels the intent was to use the exact same verbiage that we had in the Masset Resolution and not mandate it unless it was 1/4 acre of impervious coverage or an acre of disturbance, which is the RSIS Standard, and with the board's authorization, he would communicate this with the construction office.

A Motion was made by Mr. Barbagallo and seconded by Mr. Innella to have the board attorney write a letter as described by Mr. Haggerty above. All were in favor. The Motion was carried.

VOUCHERS

The vouchers were reviewed. A Motion was made by Mr. Ponce and seconded by Ms. Crawford to approve the following vouchers:

1) Dolan & Dolan regarding Rosenfeld (Escrow) in the amount of $266.18; and

2) Dolan & Dolan regarding ADPP (Escrow) in the amount of $300.30; and

3) Dolan & Dolan regarding Biccum (Escrow) in the amount of $307.13; and

4) Dolan & Dolan regarding Cellco (Escrow) in the amount of $252.53; and

5) Dolan & Dolan regarding General Administration (February) in the amount of $427.30; and

6) Dolan & Dolan regarding Club Drive LLC (Lawsuit) in the amount of $27.30; and

7) Dolan & Dolan regarding Jonsson (General Admin.) in the amount of $27.30; and

8) Fred Suljic regarding ADPP (Escrow) in the amount of $320.00; and

9) New Jersey Planning Officials (2008 Municipal Land Use Law Books) in the amount of $14.00 per board member.

Roll Call: Mr. Barbagallo, abstain; Mr. Teufert, yes; Mrs. Tufaro, yes; Mr. Barbagallo, yes; Mr. Ponce, yes; Mr. Innella, yes; Mr. Ruberto, yes; Ms. Crawford, yes; Mrs. Snyder, yes; Mr. Plotsky, yes; and Mr. Zitone, yes. The Motion was carried.

CORRESPONDENCE

The correspondence was reviewed. No formal action was taken.

PUBLIC PARTICIPATION

The meeting was opened to the public.

Appearing before the board was Jim Grimes to make a comment that people who live in High Point Country Club do no like the way the board refers to the property Αacross the street≅.

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

ADJOURNMENT

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

Minutes prepared by:

SHARON M. YAROSZ
Land Use Administrator