October 17, 2023 Minutes
Regular Meeting of the Land Use Board
The meeting of the Wantage Township Land Use Board was held on Tuesday, October 17, 2023. The meeting was held in compliance with the provisions of the Open Public meetings act, P.L. 1975, Chapter 231. It was properly noticed and posted to the public.
Salute to the Flag
Ms. Gill invited all persons present to participate in the Pledge of Allegiance.
Roll Call
Present: Bill DeBoer, Justin Dudzinski, Joanne Kanapinski, Joe Konopinski, Michael Walther, George Unverzagt, Chris Darmstatter, Victoria Gill. Absent: Ron Bassani, Larry Bono, Jon Morris, Joseph Greenaway. Mr. Bono and Mr. Greenaway have a conflict with the application, Mr. Brady thought it best as the Governing Body, Mr. Bassani and Mr. Morris not attend. Also present, David Brady, Attorney, Harold Pellow, Engineer and Jeanne McBride, Secretary.
Minutes
Mr. Konopinski made the motion, seconded by Mr. Unverzagt to approve the minutes from the September 19, 2023 meeting, Ayes: Yes, Carried.
Resolution
Mr. Konopinski made the motion, seconded by Mr. Walther to approve the Resolution for the Periodic Re-examination report of the Master Plan and Development Regulations, including possible changes within the Wantage Economic Development Zone (WED) and the Planned Commercial Development Zone (PCD). Ayes: DeBoer, Kanapinski, Konopinski, Walther, Dudzinski, Gill. Nays: None. Abstain: Unverzagt, Darmstatter.
L-2023-05
Bliss Kennels at Road Ends Farm
Block 2 Lots 22.01, & 25
33 Judge Beach Road
Mr. Walther made the motion seconded by Mr. Konopinski to approve the Resolution for Bliss Kennels at Road Ends Farm. Ayes: DeBoer, Kanapinski, Konopinski, Walther, Dudzinski, Gill. Nays: None. Abstain: Unverzagt, Darmstatter.
Application
L-2023-04
Objections to Operations at Clove Spring Gun Range at MNL Farm
44 Clove Road
Block 33, Lot 21
Mr. Brady explained the application which deals with the appeal of an administration officer’s decision and an interpretation. The clients are asking for the zoning permits issued by the zoning officer to MNL Farms, voided.
Attorneys Mr. Dickson representing Szalczinger, Fay, Passaro, and Allegretti. Mr. Molica representing MNL farms.
Mr. Brady explained we are here tonight to discuss procedural issues. Mr. Dickson is requesting the Board issue a subpoena regarding a noise study performed in 2022 or 2023. Mr. Dickson is requesting specific information such as who performed the study, who requested the study, the date of the study, the method of the study and the results and who received the results.
Mr. Brady explained it is up to the Board to decide the noise study’s relevance, does it relate to the property, and does it relate to the operation of the Club. Mr. Brady asked the attorneys to further explain. Mr. Dickson stated he knows a study was done, shared with Township Officials, the Officials were not permitted to keep a copy.
Mr. Molica objected, he also wanted to go on record stating Mr. Dickson arrived at 7:25 PM.
Mr. Brady explained to Mr. Molica that tonight we were only handling procedural issues.
Mr. Dickson continued, stating the Township was not permitted to keep a copy. The Wantage zoning laws do not permit a gun range in a residential zone. The noise levels exceed the permitted levels by the Township. Mr. Dickson requested the zoning rules pre-1979. The Township does not have a record of the Zoning regulations pre-1979.
Mr. Molica stated the range has received preexisting non-conforming use and has had a sign in the front since the 1960’s. Mr. Molica objects to the issuance of the subpoena.
Mr. Brady asked the Board whether the noise levels in 2023 are relevant to preexisting non-conforming use, he does not feel it is, but it is the Board’s decision to subpoena the noise study.
Mr. Konopinski asked if the Board could request a subpoena at a later date, Mr. Brady said yes.
Mr. Brady feels the noise study is not relevant, the burden is finding ordinances pre-1979. Mr. Brady feels the noise study is not relevant to a preexisting nonconforming use, the Board’s job is to decide if the Gun Club is a preexisting nonconforming use. It is up to the Board to decide whether they would like to issue a subpoena for the noise study. If the application becomes a Use variance the noise study could become relevant.
Mr. DeBoer made the motion seconded by Mr. Unverzagt based on the information we have at this point; the noise study is not relevant at this phase. Ayes: DeBoer, Kanapinski, Konopinski, Walther, Dudzinski, Unverzagt, Darmstatter, Gill. Nays: None.
Mr. Brady discussed the notice and why it was a defective notice. Mr. Brady requested the notice be sent to him in advance.
Mr. Brady requested briefs from both attorneys with a timeline and documents to support it, both due simultaneously in seven days. Seven days after that both councils can add additional arguments, seven days later, Mr. Brady, will do an analysis on the briefs.
The next meeting is scheduled for December 5, 2023, at 7:00 PM at the Wantage Municipal Building.
Board Discussion
None.
Adjournment
On a motion duly made by Mrs. Kanapinski seconded by Mr. Konopinski and Carried, the meeting was adjourned at 8:15 PM.
Respectfully submitted,
Jeanne M McBride, Secretary