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: Jason Dunn as Mayor Designee, Sharon Tufaro, Glenn Barbagallo, Darren Ponce, Richard Innella, Ron Ruberto, Gene Crawford, Katherine Snyder, George Zitone, William Haggerty, Esq., the board attorney, Michael O'Krepky, the board engineer, and Sharon M. Yarosz, the board secretary.

Those absent were: Charles Teufert (excused) and Glen Plotsky (excused).

FLAG SALUTE

MINUTES

The minutes of the September 11, 2008 Land Use Board meeting were reviewed. A Motion was made by Mr. Innella and seconded by Mr. Barbagallo to approve the Minutes of the September 11, 2008 Land Use Board Meeting. Roll Call: Mr. Dunn, yes; Mrs. Tufaro, yes; Mr. Barbagallo, yes; Mr. Ponce, yes; Mr. Innella, yes; Mr. Ruberto, yes; Ms. Crawford, yes; Mrs. Snyder, yes; and Mr. Zitone, yes. The motion was carried.

RESOLUTIONS

Rasht, Inc. – LUB 08-04 – Block 4, Lot 5.01
– Amended Preliminary Site Plan & Final Site Plan & Variance:

The Resolution was reviewed. A Motion was made by Mr. Barbagallo and seconded by Ms. Crawford to approve the Resolution for an Amended Preliminary Site Plan, Final Site Plan and Variance for Rasht, Inc.. Roll Call: Mr. Dunn, yes; Mrs. Tufaro, yes; Mr. Barbagallo, yes; Mr. Ponce, yes; Mr. Innella, yes; Mr. Ruberto, yes; Ms. Crawford, yes; Mrs. Snyder, yes; and Mr. Zitone, yes. The Motion was carried.

NEW APPLICATIONS

Tri State Bible Camp – LUB 08-06 – Block 1, Lot 1
– 2 River Road – Site Plan Waiver:

Appearing before the board on behalf of the applicant was Chris Jenkins, the director of the Tri State Bible Camp. Mr. Jenkins was sworn in by the board attorney.

Mr. Jenkins indicated that they are requesting to install 2 outdoor woodburning units, which are less than 30 square feet each. He is before the board to request a Waiver of Site Plan to install the units based on Montague Township Code 55-3. Mr. Haggerty questioned Mr. Jenkins if they would be changing their ingress, egress, lighting or parking to install these units. Mr. Jenkins indicated that nothing would change with this installation.

Mr. Haggerty indicated that Montague Township's Ordinances allow waiver of site plan were there is minimal change to the site. The applicant is not changing any ingress, egress, lighting, parking or any other site plan concerns the board is normally concerned with. The site plan map submitted shows the location of the 2 units. He questioned Mr. Jenkins if there will be underground piping installed. Mr. Jenkins indicated that there would be underground piping to the facilities from the units.

Mr. Zitone questioned Mr. Jenkins as to the purpose of the woodburning units. Mr. Jenkins indicated that they were for the use of heating 4 buildings at the camp. Mr. Haggerty questioned if this would be the sole heat source. Mr. Jenkins indicated that the oil would be a backup if the wood units were not able to sustain the heat required.

Mr. Innella questioned Mr. Jenkins as to what kind of heat will the units generate. He is concerned that guests would be at the site and touch the units and burn themselves. Mr. Jenkins indicated that the outside of the unit will not be hot, they are cool to the outside. Mr. Innella questioned if the units will be on the ground or placed on a concrete pad. Mr. Jenkins indicated that they will be placed on a concrete pad. Mr. Innella questioned Mr. Jenkins with regard to the door opening and if there will be a lock on the door to prevent any quest from going into the unit or opening it up. Mr. Jenkins indicated that there is a spot to put a padlock on the door if the board requires this to be done. The board agreed that a padlock would be necessary.

Mr. Dunn questioned Mr. Jenkins as to the height of the unit. Mr. Jenkins indicated that the tallest part of the unit is the stack, which is 12'. Mr. Dunn also questioned as to where the wood storage for the units will be. Mr. Jenkins indicated that they would be in close proximity to the unit.

Mr. Ruberto questioned as to how far the units will be from the houses. Mr. Jenkins indicated that the manufacturer recommends 10'.

This matter was opened to the public. There was no public participation. This matter was closed to the public.

A Motion was made by Mr. Innella and seconded by Mr. Barbagallo to approve the Site Plan Waiver of Tri State Bible Camp with the following conditions: 1) Pad Lock on the units, and 2) to obtain all the necessary building permits that are required by the township. Roll Call: Mr. Dunn, yes; Mrs. Tufaro, yes; Mr. Barbagallo, yes; Mr. Ponce, yes; Mr. Innella, yes; Mr. Ruberto, yes; Ms. Crawford, yes; Mrs. Snyder, yes; and Mr. Zitone, yes. The Motion was carried.

Patricia Wasko – LUB 08-05 – Block 19.07, Lot 14
– 18 Highpoint Drive – Private Road Variance:

Jason Dunn stepped down from this application.

Appearing before the board was the applicant, Patricia Wasko, her son, Stephen Wasko and her engineer, David Gommoll. Mrs. Wasko, Mr. Wasko and Mr. Gommoll were sworn in by the board attorney. Mr. Gommoll gave his qualifications to the board and was accepted by the board as an expert witness.

Mr. Haggerty indicated that this is application to construct a single family home on a private road. Mr. O'Krepky indicated that he recommends that the application be deemed complete based on the waivers requested by the applicant.

A Motion was made by Mr. Barbagallo and seconded by Ms. Crawford to deem the application complete. All were in favor. The Motion was carried.

Mr. Gommoll indicated that the majority of the road in front of the proposed lot is paved. Mr. Zitone questioned if the cul-de-sac is paved. Mr. Gommoll indicated that the cul-de-sac is not paved. Mr. Gommoll provided a map to the board attorney and board engineer dated October 3, 2008 showing the area in front of the driveway to be paved and corrections as stated in Mr. O'Krepky's report of October 1, 2008.

Mr. Haggerty indicated that since a majority of the applicant's property is already paved, the board in previous applications has required the applicant's to pave in other areas on the road. He indicated that there is an area east of the applicant's property that could be paved to link the two paved areas together. Mr. Haggerty questioned Mr. Gommoll as to the length of the applicant's lot and how much pavement is needed to complete the paving in front of her lot. Mr. Gommoll indicated that the lot is 125' and approximately 22' needs to be paved. Mr. Haggerty indicated that 103' will have to be paved to the northeast of the applicant's property, which is in front of Lot 12.

Mr. Zitone indicated that there is nothing on the plans regarding Stormwater Management. Mr. Gommoll indicated that the applicant has less impervious coverage as required by RSIS and therefore does not need Stormwater Management. He further stated that Mr. O'Krepky noted this in his report dated October 1, 2008. Mr. O'Krepky indicated the treatment for stormwater is triggered by RSIS with either an acre of disturbance or a ¼ acre of impervious coverage. He further stated with the 125' of road construction and the other improvements, the applicant still does not fall under this requirement.

Mr. Haggerty indicated that this is a private road and the board generally requires that it be noted in the deed that a private road variance was granted and the applicant is responsible for maintenance, snow plowing, etc. and it is not the responsibility of the township. The applicant indicated that she was aware of this. He also indicated that he feels on these private roads, a maintenance agreement would be helpful between the neighbors, however, the board or township can not enforce this.

Mr. Haggerty questioned the applicant as to the area northeast of her property where the board is requesting that she pave, is it gravel or dirt at the present time. Mrs. Wasko indicated that the road is gravel at the present time.

This matter was opened to the public.

Appearing before the board was Jason Dunn of 8 Highpoint Drive and was sworn in by the board attorney. Mr. Dunn indicated that he was concerned with public safety and access to the area. He also requested of the board to consider this application carefully, because it is in the board's jurisdiction to impose certain conditions on an applicant pursuant to RSIS rules and Municipal Land Use Laws. He further stated that he was before the board in 2003 for a Private Road Variance. He was made to do a Stormwater Management Plan to mitigate for the roof run off, which he fell into the jurisdiction then and he does not understand why the applicant this evening does not fall into this requirement. When he was before the board, the reasoning for the stormwater management plan was because the neighbors down the street were concerned about washouts. Mr. Dunn submitted previously to the board a letter dated October 6, 2008, which outlines some of the conditions imposed upon him with his application. He feels the same conditions should be imposed upon Mrs. Wasko. In the past the board has made the applicant's pave in other areas of the road if the pavement in front of the applicant's property was already paved. The applicant's were also required to meet the cost of the improvements to be determined by the township engineer and the board. He indicated that the board is requesting that Mrs. Wasko pave the 22' that is left to pave in front of her lot, together with 103' to the northeast of her lot to complete the 125' road frontage of her lot. He feels that this is fair, with the exception that there is already 6” of dense graded aggregate on the surface of this 103' of road. Therefore, to be consistent with other approvals before this board, he feels the applicant should make an improvement of what that cost would be today, which is 125' of 6” of dense graded aggregate compacted by a machine to another portion of the road, because there are plenty of road improvements to be completed on this road. He further agreed with the board attorney to have the deed provision, which has been common practice and requirement of prior applications. He was also required on his application to do an “As-Built” plan to be approved by the township engineer. Also, during the course of construction, the road improvements are to be inspected by the township engineer and an escrow should be in place for these inspections. There should also be a pre-construction meeting so the township engineer knows when the improvements are going to be made and when the inspections are needed. He also feels that a maintenance agreement should be imposed upon the owners of the lots on this road. He feels this is very important because not only do you have to do the improvements, but also they have to be maintained and there is a level of responsibility of the township to make sure this happens. He feels that it is under the jurisdiction of the township to require that the residents of this road enter into a maintenance agreement that would provide for a fair share cost of snow plowing, de-icing and maintenance of the road. Finally, he indicated that his neighbor, Mr. Araujo, was forced by the state to put in underground utilities in from Durol Drive to his lot. He feels that the applicant should be required by the board to put her wiring underground from the underground wiring that is there already. He indicated that his neighbor, Mr. Araujo, and himself have put in a lot of improvements on the road beyond what the board required to keep it safe for emergency vehicles.

Mr. Haggerty indicated that he was not aware that there was already a base coat to the area northeast of the applicant's property. He agrees with Mr. Dunn that the standard of the cost would be appropriate to impose this on the applicant. He also stated that there will be a clause in the deed that the applicant will have to share in the maintenance and cost of the maintenance of the road. The board could also put as a condition in the Resolution that the applicant must try and negotiate an agreement with the neighbors as to how this will be accomplished. Mr. Dunn indicated that he agrees with Mr. Haggerty that by being in the deed, it is enforceable.

Appearing before the board was Joseph Araujo and was sworn in by the board attorney. He also was before the board on High Point Drive to build his home. He indicated that he was required to repair parts of Durol Drive to the end of High Point Drive and install the drainage. He also had to prepare “As-Built” plans. He has currently installed $40,000 worth of repairs on the road. Mr. Araujo handed out a letter to the board dated October 7, 2008, which stated his concerns. He feels that the applicant should be responsible for the same requirements to build the road that he was required to do. He also stated that he did a lot of improvements that were not required by this board. He installed 4” infiltration drainpipes on the road and he is requesting that the applicant continue the same requirements for drainage to keep it working. At the present time it is working well. Mr. Barbagallo indicated that the owners of the road need to get together with an association to maintain this road.

Mr. O'Krepky indicated that based on the plans submitted by the applicant with the drainage that is needed and the road improvements, there is not enough information submitted for him to determine what has to be done. He indicated that there was enough information to deem the application complete to discuss the necessary improvements that will be required to be done, however, he does need to see a map with the suggested improvements to make a final determination of approval. He suggested to the board that the applicant come back with a detailed survey of at least High Point Drive where they can connect into the other drainage structures to address the issues that have been brought up this evening. He also suggested that the two applicants that testified in the public this evening have “As-Built' drawings that could be supplied to this applicant to help with the necessary information that they need to supply to complete this application.

Mr. Dunn indicated that the board needs to consider not only High Point Drive, but also the access to get to High Point Drive, which is Durol Drive, which is a steep hill to access High Point Drive. He further indicated that there has been a policy set with prior applicants of Private Road Variances and he feels the board should be consistent with these policies.

Mr. Wasko was concerned that they were before the board to discuss Land Use issues and everyone has been referring to cost of the road improvements. Mr. Haggerty indicated that the board is concerned with safe access to the property. The board also has to consider equity of the situation and to make equitable between all the owners that come before the board.

It was suggested that the applicant's engineer contact the board engineer as to what information needs to be on the map with regard to drainage and pavement.

A Motion was made by Mr. Barbagallo and seconded by Mr. Innella to carry this application without further notice to the November 13, 2008 Land Use Board meeting. All were in favor. The Motion was carried.

OLD BUSINESS

COAH Update:

Appearing before the board was the Planner, Fred Suljic, to discuss the Housing Element and Fair Share Plan. Mr. Suljic explained the changes to the Third Round COAH obligations. The township is required to produce a COAH unit for every 5 c/o's that are issued for residential and one COAH unit for every 16 jobs that are created for commercial. He indicated that RCA's have been eliminated. The State has passed a ruling for collection of a 2.5% development fee for COAH on commercial development which would go directly to the state if the township does not pass the Development Fee Ordinance, which he encourages the township to do.

Mr. Suljic indicated that under the adopted and amended regulations of COAH, Montague must re-petition for amended Third Round Substantive Certification, with an amended Housing Element and Fair Share Plan on or before December 31, 2008 in order to protect itself from a Builder's Remedy Suit.

A discussion was held with regard to authorizing Mr. Suljic to prepare the Housing Element and Fair Share Plan. He estimated the cost would not exceed $6,000 to prepare this document. Mr. Suljic indicated that a sub committee should be set up to discuss the options available to meet the current COAH obligation. He would like 3 members from the Land Use Board and 2 members from the Township Committee.

A Motion was made by Ms. Crawford and seconded by Mr. Dunn to recommend to the township committee to accept Mr. Suljic's proposal to prepare the Housing and Fair Share Plan to submit to COAH by December 31, 2008 not to exceed $6,000. Roll Call: Mr. Dunn, yes; Mrs. Tufaro, yes; Mr. Barbagallo, yes; Mr. Ponce, yes; Mr. Innella, yes; Mr. Ruberto, yes; Ms. Crawford, yes; Mrs. Snyder, yes; and Mr. Zitone, yes. The Motion was carried.

The Chairman appointed Mr. Barbagallo, Mr. Dunn and Mr. Ponce to be the subcommittee to review the COAH obligations on behalf of the Land Use Board.

A Motion was made by Mr. Mr. Barbagallo and seconded by Ms. Crawford to recommend to the township committee to pass the Developer's Fee Ordinance. All were in favor. The Motion was carried.

Plan Endorsement:

He indicated that the township needs to prepare a Municipal Self Assessment Report to formerly start the Plan Endorsement proceedings. He needs authorization to start this process which he indicated would not exceed $6,400.00. The board indicated that Mr. Suljic needs to obtain approval from the Township Committee to begin this process. He indicated that this needs to be done by April 2009 in order to secure the Town Center Designation approval.

Mr. Haggerty requested that Mr. Suljic forward to him a copy of his proposal for this project and he will write a letter to the Township Committee recommending approval of this proposal to begin this process.

Accessory Structure Ordinance:

It was decided to carry this matter to the November 13, 2008 Land Use Board meeting.

VOUCHERS

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

KSM Engineering, P.C. regarding Rasht (Escrow) in the amount of $237.50; and

KSM Engineering, P.C. regarding General Administration (September) in the amount of $250.00; and

Fred Suljic regarding General Administration (COAH) in the amount of $80.00; and

4) Quinlan Publishing regarding Zoning Bulletin Renewal in the amount of $168.00.

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

CORRESPONDENCE

The correspondence was reviewed. There was no formal action taken.

PUBLIC PARTICIPATION

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

ADJOURN

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

Minutes prepared by:
SHARON M. YAROSZ
Land Use Administrator