MINUTES

SANDYSTON TOWNSHIP PLANNING BOARD

February 6, 2006

This meeting has been duly advertised and meets all requirements of the Open Public Meetings Act.

Present: Fred MacDonald Absent: Joe Pinzone

John DeJager Keith Utter

George Harper, Jr.

Lou Cherepy

Marc Cunico

Ron Green

Ed Ibsen

Mike Milligan

Erma Gormley

Also present was the Board Attorney, Glenn Gavan, Esq.

APPROVAL OF MINUTES: A Motion was made by Mr. Harper and seconded by Mr. Cunico to approve the Minutes of January 9, 2006. All were in favor. The Motion was carried.

APPROVAL OF VOUCHERS: A Motion was made by Mr. Cunico and seconded by Mrs. Gormley to approve the following vouchers for payment:

Dolan & Dolan Southway 11/30/05 $ 314.55

Dolan & Dolan Gormley 12/30/05 $ 101.25

Dolan & Dolan Schmid 11/30/05 $ 334.80

Dolan & Dolan Schmid 12/30/05 $ 337.50

Dolan & Dolan Franco 12/30/05 $ 247.05

Dolan & Dolan Denholtz 12/30/05 $ 33.75

Dolan & Dolan Kistle 11/30/05 $ 210.60

Dolan & Dolan Kistle 12/30/05 $ 132.30

Dolan & Dolan Fitzgerald 12/30/05 $ 290.25

Dolan & Dolan Fitzgerald 11/30/05 $ 20.25

Dolan & Dolan General 12/30/05 $ 762.75

Harold Pellow & Assoc. Inv. 41240 12/30/05 $ 53.13

(Schmid)

Harold Pellow & Assoc. Inv. 41239 12/30/05 $ 110.00

(Fitzgerald)

Harold Pellow & Assoc. Inv. 41238 12/30/05 $ 205.63

(Butternut Farm)

Harold Pellow & Assoc. Inv. 41013 12/01/05 $ 137.50

(General)

MINUTES – Page 2

February 6, 2006

Planning Board

APPROVAL OF VOUCHERS CONT.:

Roll Call: Mr. MacDonald, yes; Mr. DeJager, yes; Mr. Harper, yes; Mr. Cherepy, yes; Mr. Cunico, yes; Mr. Green, yes; Mr. Ibsen, yes; Mr. Milligan, yes; and Mrs. Gormley, yes. The Motion was carried.

CORRESPONDENCE:

The following correspondence was reviewed and no formal action was taken

1.  New Jersey State League of Municipalities (1/13/06) – S-457, Time of Decision Rule

2.  State of New Jersey DEP (1/11/06) – Pinzone – Block 1812, Lot 17 – Restoration Work Completed.

3.  ANJEC – (1/16/06) – Smart Growth Planning Assistance Grants for 2006

4.  New Jersey State League of Municipalities (1/20/06) – Adoption of New Green acres Rules.

RESOLUTIONS:

Butternut Farms – Minor Subdivision – Block 1105, Lots 7.22 & 7.22 – Re-Approval:

The Resolution was reviewed. A Motion was made by Mr. Cunico and seconded by Mr. Ibsen to approve the Resolution for a re-approval of the Minor Subdivision. Roll Call:

Mr. MacDonald, yes; Mr. DeJager, yes; Mr. Harper, yes; Mr. Cherepy, yes; Mr. Cunico, yes; Mr. Green, yes; Mr. Ibsen, yes; Mr. Milligan, yes; and Mrs. Gormley, yes. The Motion was carried.

PUBLIC HEARINGS:

Hanlon & McSpirit – Private Road Variance – Block 1403, Lot 7 – Lakeview Road:

Appearing before the board was the applicants, Christopher Hanlon and Kelly McSpirit. Mr. Hanlon and Ms. McSpirit were sworn in by the board attorney.

Mr. Hanlon indicated that they are building a home in Deer Lake and they were told that they need a Variance for a Private Road.

Mr. Gavan questioned the applicant’s how they gain access to the property. Mr. Hanlon indicated off of Lakeview Road. Ms. McSpirit indicated that legally they gain access off of Struble Road. Mr. Gavan questioned the applicant what gives them right to access off of Lakeview Road. Mr. Hanlon indicated that it boarders the property and there is a right-of-way from Lakeview Road. Mr. Gavan questioned the applicant if they have a right-of-way in their deed. Mr. Hanlon indicated that it is in the Deed, however, they do not have the deed with them this evening. Mr. Gavan indicated to the board that the reason he is asking these questions of the applicant is because the Statute NJ 40:55D-35 says you can not issue a building permit for a lot that does not abut a public street or gain access through a public street. If the applicant’s have a deed of easement or allows them through their chain of title to gain access through Lakeview Road, Lakeview Road abuts a public street; the applicant’s may not need to be here at all.

Mr. Gavan indicated that the board can do one of two things, they can hear the application and grant the relief or not grant the relief subject to him reviewing the

MINUTES – Page 3

February 6, 2006

Planning Board

PUBLIC HEARINGS CONT.:

Hanlon & McSpirit – Private Road Variance – Block 1403, Lot 7 – Lakeview Road cont.:

applicant’s deed and if a variance is needed the applicant will have to come back to the board for the variance relief.

Mr. Cunico questioned if the driveway comes off of Lakeview Road, does this affect the front yard setback and where the setbacks are on the lot. Mr. Gavan indicated that normally you do not determine front yard were the driveway is, you base if on the orientation of the house and how you specifically define it in your Ordinance. Mr. Cunico indicated that the orientation of the front yard is not stated in Sandyston Township’s Ordinance under corner lots.

Mr. Gavan indicated that the applicant should supply the deed to the board secretary and she will forward it to him so he can review it to see if a variance is needed.

Mr. Hanlon indicated that his engineer positioned the house the way they are proposing because they do not conform to the safety of the road, the 50 mph zone. Also, there is a 662’ sight distance which they do not have. A board member questioned which road was 50 mph zone. Mr. Hanlon indicated that Struble Road was 50 mph. He further indicated that any road that is not marked is considered 50 mph. He stated that access to Struble Road is unsafe. Mr. Hanlon also indicated that his engineer stated there would be 5 driveways within approximately 150 feet if they were to place the driveway on Struble Road. Mr. Gavan questioned Mr. Hanlon if there are any other driveways off of Lakeview Road. Mr. Hanlon indicated that there are presently two. A board member asked Mr. Hanlon if he was aware that the township does not maintain or plow Lakeview Road. Mr. Hanlon indicated that he was aware of this. The board member also mentioned that if the road is not wide enough or accessible for emergency vehicles, it is not the township responsibilities. Mr. Gavan indicated that if the road is not accessible for emergency vehicles, then it is the responsibility of this board to require the applicant to widen the road and up grade the road to make it accessible for emergency vehicles otherwise they can not grant the relief under the law. Mr. Hanlon agreed that the road is accessible for emergency vehicles.

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. Harper and seconded by Mr. Green to approve the Private Road Variance. Roll Call: Mr. MacDonald, yes; Mr. DeJager, yes; Mr. Harper, yes; Mr. Cherepy, yes; Mr. Cunico, yes; Mr. Green, yes; Mr. Ibsen, yes; Mr. Milligan, yes; and Mrs. Gormley, yes. The Motion was carried.

The applicant is to forward a copy of the Deed to the board secretary to forward to the board attorney for review. If, in fact, a Variance was not necessary, the board agrees to return the application fees to the applicant.

Minor Site Plan Review:

It was decided to carry this matter to the next regular meeting of the Planning Board.

MINUTES – Page 4

February 6, 2006

Planning Board

ADJOURNMENT:

As there was no further business before the Board, a Motion was made by Mr. MacDonald and seconded by Mr. Ibsen to adjourn the meeting. All were in favor. The meeting was adjourned.

Respectfully submitted,

Sharon M. Yarosz

Secretary