EAST AMWELL
ZONING BOARD OF ADJUSTMENT - MINUTES
Municipal Building – 7:30 PM
December 11, 2007
Call to order and compliance with the Open Public
Meetings Act
The regular meeting of the
Board of Adjustment was called to order at 7:30 PM on December 11, 2007 in the
Main Meeting Room of the Municipal Building, 1070 Route 202/31, Ringoes, NJ by
Chairman, Pete Kneski.
In compliance with the Open
Public Meetings Act, the Administrative Officer announced this was a regularly
scheduled meeting pursuant to the Meeting Notice as published in the January
18, 2007 issue of the Hunterdon County Democrat, filed in the Township Clerk’s
Office, and posted on the Bulletin Board on December 4, 2007.
Roll Call and Agenda Review
Present: Nancy Cunningham
Gloria
Frederick
Pete
Kneski - Chair
Sue
Posselt
Sherrie
Binder
Absent: Gael Gardner
Paul Gavzy
Freda
Routh
Attorney Waterbury noted that
the Board will be going into Closed Session this evening for the purposes of her
providing an update on the Maier vs. East Amwell Township pending litigation.
Presentation of Minutes
A motion by Gloria Frederick,
seconded by Sue Posselt to approve the open session minutes from 11/13/07 was
approved with Nancy Cunningham and Pete Kneski abstaining.
A motion by Sue Posselt,
seconded by Gloria Frederick to approve the closed session minutes from
11/13/07 was approved with Nancy Cunningham and Pete Kneski abstaining.
Presentation of Bills for Payment
A motion by Nancy Cunningham,
seconded by Gloria Frederick to approve the vouchers as listed on the agenda
was unanimously approved.
Chairman Kneski noted that
the correspondence will be dealt with as it comes up over the course of the
meeting.
Applications to be Deemed Complete or Incomplete
Gail Genzone – AJ-07-08 – Block 18 Lot 21.03 – 49 Larsen Road, Ringoes
Gail and Mario Genzone came
forward and explained that they were seeking a certificate of pre-existing
non-conforming condition/use on the property, specifically that the property was
a sheep farm when they purchased it 1998 and that now they wanted to be allowed
to have horses on the property. The Genzone’s explained that the property is
fenced in and has a barn, a corn crib and a chicken coop. The property is 3.49
acres. Mrs. Genzone said they were surprised when the Zoning Officer verbally
informed them that they needed to go before the Board of Adjustment for
approval to have animals on the property.
East Amwell Township Zoning Board Minutes – December
11, 2007
There was some discussion as
to whether or not the Genzone’s required any relief from the Board. Attorney
Waterbury commented that she had spoken with the Zoning Officer earlier this
evening and she said there is some confusion in the ordinance. Attorney
Waterbury said the definition of a farm requires 5 or more acres of property,
but in the Amwell Valley Agricultural District, which is where this property is
located, agricultural uses and farms are principally permitted uses with no
conditions attached and the definition of an agricultural use has no minimum
acreage stated.
Attorney Waterbury suggested
that the Board deem the application complete to allow her the opportunity to
further discuss the application with Planner Banisch and Zoning Officer McManus
to determine what relief, if any is needed.
A motion by Gloria Frederick,
seconded by Nancy Cunningham, to deem the application complete subject to
Attorney Waterbury discussing it further with the Planner and Zoning Officer to
determine if any additional information is required was unanimously approved.
Hunterdon Storage – AJ-07-09 – Block 14.02 Lot 28.03 – Route 202, Flemington
Attorney Walter Wilson came
forward on behalf of the applicant/owner John Aldrich. Attorney Wilson
explained that his client is proposing 2 more storage facility buildings on the
site that will require a variance for impervious coverage. It was noted that
the proposed application will trigger compliance with the stormwater
regulations and Attorney Wilson stated he is confident his client can comply
with the stormwater requirements.
Attorney Wilson explained
that they are bifurcating the application. They will be seeking all relevant
variances and if granted, they will return for site plan approval.
Chairman Kneski noted his
concern with the Board evaluating the impervious coverage issue without a full
site plan because the site plan may change the course of the Board’s review or
determination. Attorney Wilson understood and stated, “It’s one of those
tenuous applications because on the one hand we’re not looking to engineer the
entire site plan in order to satisfy you—from the variance issue we have to
provide some element and some degree of engineering. What our goal is, is to
provide you with enough to satisfy you from a variance standpoint.”
Ms. Cunningham expressed
concern with the proposed expansion of the lot and the potential impact on the
environment including the stormwater issues.
A motion by Nancy Cunningham,
seconded by Sue Posselt to deem the application complete was unanimously
approved.
Applications for Pubic Hearing
Giulio Cifelli – AJ-07-07 – Block 35.01 Lot 33.03 – 95 Lindbergh Road, Hopewell
Attorney Waterbury advised
the Board that since Mr. Cifelli had already noticed the public hearing, and
due to the fact that the Township Professionals could not attend this evening’s
meeting, the Board should take jurisdiction over the application and carry it
to one of their next meetings to be heard. Mr. Cifelli will not have to
re-notice the public.
A motion by Sue Posselt,
seconded by Sherrie Binder to carry the Cifelli public hearing was unanimously
approved.
Old Business
A motion by Gloria Frederick,
seconded by Nancy Cunningham to deny the Steve Bolkan/Gayle Byrnes application
without prejudice was unanimously approved.
East Amwell Township Zoning Board Minutes – December
11, 2007
Roll Call Vote:
Gloria Frederick: Yes, Nancy Cunningham: Yes, Pete Kneski: Yes, Sue Posselt:
Yes, Sherrie Binder: Yes.
A motion by Sue Posselt,
seconded by Nancy Cunningham to deny the Omnipoint Communications application
without prejudice was unanimously approved.
Roll Call Vote:
Sue Posselt: Yes, Nancy Cunningham: Yes, Gloria Frederick: Yes, Pete Kneski:
Yes, Sherrie Binder: Yes.
The Board reviewed the
proposed meeting procedures pamphlet. Some additional revisions were suggested.
Administrative Officer Andrews will make the changes to the pamphlet and put
the matter back on the agenda for the Board to adopt the pamphlet at their
reorganization meeting.
Open to the Public
A motion by Gloria Frederick,
seconded by Nancy Cunningham to open to the public was unanimously approved. No
public was present. A motion by Sherrie Binder, seconded by Nancy Cunningham to
close to the public was unanimously approved.
Attorney Waterbury read the Resolution
Authorizing Closed Session in the matter relating to litigation (Maier vs.
Township of East Amwell et. al. docket #HNTL-155-07) for the record. A copy of
this Resolution will be attached to the official minutes.
A motion by Nancy Cunningham,
seconded by Sue Posselt to approve the closed session Resolution was
unanimously approved.
A motion by Nancy Cunningham,
seconded by Gloria Frederick to go into closed session was unanimously
approved.
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The Board went into Closed Session from 8:37 PM – 8:49
PM.
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A motion by Nancy Cunningham,
seconded by Gloria Frederick to return to open session was unanimously
approved.
Comments of the Board Members
Ms. Cunningham thanked Pete
Kneski for his wonderful service to the Board and stated his moving onto the
Township Committee will be a terrific benefit to the community. The Board echoed
these sentiments!
Mr. Kneski commented, “I
appreciate all of the support from all of the Board Members especially staff
for all of their help...it has been a pleasure serving the Board for three
years.”
A motion by Gloria Frederick,
seconded by Sue Posselt to adjourn was unanimously approved. The meeting
adjourned at 8:54 PM.
_______________________________
Maria Andrews, Administrative
Officer