Open public meeting statement: The meeting was called to Order by the 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: Charles Teufert as Mayor Designee, Darren Ponce, Sharon Tufaro, Richard Innella, Jason Dunn, Jody Case Kennedy, James Guimes, Glenn Barbagallo, William Haggerty, Esq., the board attorney and Michael O’Krepky, the board engineer.
Those absent were: Gene Crawford (excused), Glen Plotsky (excused), and Katherine Snyder (excused).

MINUTES
The March 12, 2009 Land Use Board Regular Meeting Minutes were reviewed. A Motion was made by Mr. Teufert and seconded by Mr. Dunn to approve the Minutes of the March 12, 2009 Land Use Board Regular Meeting. All were in favor, except Mrs. Tufaro and Mr. Innella, who abstained. The Motion was carried.

RESOLUTIONS
Cellco Partnership dba Verizon Wireless – LUB 09-01 – Block 39, Lot 34 – 406 Route 206 – Preliminary & Final Site Plan (Cell Tower – Co-Location):
The Resolution was reviewed. A Motion was made by Mr. Teufert and seconded by Mr. Dunn to approve the Resolution for a Preliminary & Final Site Plan for Cellco Partnership dba Verizon Wireless. Roll Call: Mr. Teufert, yes; Mr. Dunn, yes; Ms. Kennedy, yes; Mr. Guimes, yes; and Mr. Barbagallo, yes. The Motion was carried.

OLD BUSINESS
Accessory Buildings and Structures Ordinance and Buildings and Lots Ordinance:
Mr. Haggerty indicated that since the discussion at the last meeting, he revised the accessory buildings ordinance and the buildings and lots ordinance into two separate ordinances.

Building & Lots Ordinance:
The ordinance was reviewed with the change by the Township Committee of Paragraph 76-15(D) to add the R4SC Zone as an exception. A Motion was made by Mr. Innella and seconded by Mr. Teufert to approve this ordinance as written with the addition of the R4SC Zone as an exception in Paragraph 76-14(D) and to forward same to the township committee for adoption. A copy of the Ordinance is attached hereto and made a part hereof. All were in favor. The Motion was carried.

Building Height Ordinance:
The ordinance was reviewed. It was discussed that the definition should read as follows: The vertical distance measured from the average finished grade calculated six (6) feet out from each corner of the building to the highest point of the roof.
A Motion was made by Mr. Teufert and seconded by Mr. Innella to approve the ordinance as written with the change indicated above and to forward same to the township committee for adoption. A copy of the Ordinance is attached hereto and made a part hereof. All were in favor. The Motion was carried.

Accessory Buildings and Structures Ordinance:
A lengthy discussion was held with regard to the location of the shed. Some board members were concerned with the shed being equal to or behind the principal structure. It was suggested that the shed be behind the front yard setback requirement of the zone regardless of the location of the principal structure. Mr. Haggerty indicated that he will respond back to the Township Committee indicating that the Land Use Board is not ready to make comment on this Ordinance because there are a number of concerns and request that they not act on this ordinance at this time until the concerns are resolved.

A Motion was made by Mr. Teufert and seconded by Mr. Innella to have Mr. Haggerty write a letter to the Township Committee requesting that they postpone the second reading of this ordinance until the board has had time to review the ordinance at the next regular meeting of the Land Use Board. All were in favor. The Motion was carried.

Land Use Board By-Laws:
It was noted that the By-Laws were not completed yet. This matter will be carried to the next regular meeting of the Land Use Board.

NEW BUSINESS
Sign Ordinance:
It was agreed to carry this matter to the next regular meeting of the Land Use Board.

Herberta P. Hackett/State of New Jersey Green Acres – Block 48, Lot 18 - Subdivision of Lands:
Mr. Haggerty indicated that this is just a notification from the State regarding a Green Acres Subdivision and no action is required by the Board.

E-Mail Addresses for Board Members:
Mr. Barbagallo indicated to the board members that since the board is communicating by e-mail, a separate e-mail address should be set up for Montague Township business only. Because any e-mail address the board uses for Municipal business the entire content of that e-mail box becomes part of the public record. It was also stated that all e-mails should go through the board secretary or board professionals not between individual board members because this may constitute a meeting which will violate the Open Public Meetings Act. It was suggested that Montague Township assign a web e-mail for the board members.

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

KSM Engineering, P.C. regarding ADPP (Escrow) in the amount of $125.00; and
KSM Engineering, P.C. regarding Cellco (09-01) (Escrow) in the amount of $156.25; and
Harold E. Pellow & Associates, Inc. regarding General Administration (February) in the amount of $280.50; and
Dolan & Dolan regarding ADPP (Escrow) in the amount of $34.13; and
Dolan & Dolan regarding Cellco LUB 09-01 (Escrow) in the amount of $54.60; and
Dolan & Dolan regarding Cellco LUB 09-01 (Escrow) in the amount of $54.60; and
Dolan & Dolan regarding General Administration (February) in the amount of $649.90.

PUBLIC PARTICIPATION:

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

ADJOURN:

Having no further business, a motion was made by Mr. Teufert and seconded by Ms. Crawford to adjourn the re-organization meeting. All were favor. The motion was carried. The meeting was adjourned.

Minutes prepared by:

SHARON M. YAROSZ
Land Use Administrator