EAST AMWELL

ZONING BOARD OF ADJUSTMENT

Municipal Building – 7:30 PM

August 14, 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 August 14, 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 August 7, 2007.

Roll Call and Agenda Review

Present: Nancy Cunningham

Gloria Frederick

Paul Gavzy

Pete Kneski

Freda Routh

Sue Posselt

Absent: Gael Gardner

Kathi Hoffman

Sherrie Binder

Chairman Kneski acknowledged the resignation of Board Member Kathi Hoffman and extended appreciation for her years of service and dedication to the Board and the Township.

A motion by Paul Gavzy, seconded by Freda Routh to approve the minutes from 6/12/07 was approved with Sue Posselt abstaining.

A motion by Paul Gavzy, seconded by Gloria Frederick to approve the minutes from 7/10/07 was approved with Freda Routh abstaining.

A motion by Gloria Frederick, seconded by Paul Gavzy to approve the bills for payment 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. Ms. Posselt commented that the July/August 2007 edition of the New Jersey Planner Newsletter had an excellent article on the “courage to deny use variances” and suggested everyone read it.

There were no applications to be deemed complete.

Applications for Public Hearing

Virginia and Theodore Peyrek – Block 31 Lot 5.04 – AJ-07-06 – 26 Linvale Road

Present for the application was Virginia and Theodore Peyrek. They came forward and were sworn in. The proposed application is for an in-ground pool on the property. A bulk variance is required for impervious coverage which will increase to 9%. Mr. Peyrek noted that his property already exceeded the maximum allowed coverage of 5% when he bought it due to the length of the driveway. The Peyrek’s

East Amwell Township Board of Adjustment Minutes – August 14, 2007

reduced the size of some of the proposed walkways in an effort to limit the impervious coverage. Additionally, they have relocated trees and therefore, no trees will need to be cut down in order for the pool to be installed.

Engineer O’Neal’s report confirms the project will not create any Stormwater Management issues.

Sue Posselt read the site review report for the record, a copy of which is attached.

A motion by Paul Gavzy, seconded by Nancy Cunningham to open to the public was unanimously approved. No one came forward. A motion by Paul Gavzy, seconded by Nancy Cunningham to close to the public was unanimously approved.

A motion by Paul Gavzy, seconded by Gloria Frederick to approve the application was unanimously approved.

Roll Call Vote: Paul Gavzy: Yes, Gloria Frederick: Yes, Nancy Cunningham: Yes, Pete Kneski: Yes, Freda Routh: Yes, Sue Posselt: Yes

Old Business

Status of “Meeting Procedure” Information Sheet

Ms. Cunningham reviewed the existing procedure sheet, noting each new proposed revision. It was the consensus of the Board to have Ms. Andrews include the revised information sheet in the Board’s packets next month for final review before actual “reformatting” is done. Attorney Waterbury commented that it may be a good idea to include the Board’s meeting procedures in a future edition of the VIP so the community is aware of the process.

New Business

Review of Employee Evaluation Form(s)

The Board discussed the new evaluation forms implemented by Township Administrator Matheny and the process by which evaluations will be done. It was the consensus of the Board that each member will provide evaluation input regarding Administrative Officer Andrews’ job performance to Chairman Kneski who will then forward a compilation of the comments to Mr. Matheny for his input.

Open to the Public

Chairman Kneski opened the floor for any public comment. No one came forward. A motion by Paul Gavzy, seconded by Freda Routh to close to the public was unanimously approved.

Comments of the Board Members

Ms. Posselt commented on the discussion that had taken place at last month’s meeting regarding vouchers and how they are listed on the agendas and in the minutes. She questioned whether or not Secretary’s payroll vouchers needed to be listed on the agendas stating, “There are some boards here that do not mention what their Secretary’s are making and it’s not even on the agendas.” Ms. Posselt noted that the salaries are listed on the Planning Board agenda, but not on the Board of Health or Environmental Commission agendas. Ms. Routh replied, “What they get paid has to be on the agenda.” Ms. Posselt stated, “It is not...what I am saying is that I really feel it should be the same for every board.” Mr. Kneski commented, “In the beginning of the year the Board adopts a budget—a salary budget. That budget is adopted through the Township Committee which is a set salary. Basically the money that Maria is getting paid from has already been allocated and adopted by Township Committee, so I don’t understand the reason why we have to approve Maria’s bills every month.” Attorney Waterbury added, “They are not

East Amwell Township Board of Adjustment Minutes – August 14, 2007

even really in the nature of bills, this is salary. Your consultants—you have to approve the bills because those are basically contractual and until somebody approves them they can’t be paid.” It was the consensus of the Board that Ms. Andrews does not have to include her payroll vouchers on the agenda. Chairman Kneski will speak with Township Administrator Matheny about the consistency issue regarding other Board’s including payroll vouchers on their agendas.

Ms. Cunningham commented that since Ms. Hoffman’s resignation, the Board does not have a designated Vice Chair. Attorney Waterbury suggested the matter be listed on next month’s agenda for the nomination to take place then.

Attorney Comments

Attorney Waterbury provided the Board with a brief update on the Maier litigation. She stated, “If you remember, he had filed a lawsuit a while back challenging your denial of his appeal and had done it really to preserve his rights while he went forward with his variance application.” It was explained that since we are still within the 45 day time frame for anyone to file an appeal on the Board granting the use of the baseball field, Mr. Maier doesn’t want to withdraw his lawsuit until he is sure no one else is coming forward to challenge the variance. Attorney Waterbury explained that during the Case Management Conference several weeks ago, it was agreed that a new conference will be scheduled for September after the 45 day time frame has expired. Attorney Waterbury also stated that it was noted during the conference that Mr. Maier was not happy the Board denied the variance to encroach within the 75’ setback. She stated that she wasn’t sure if he planned to amend his complaint or simply live with the denial.

A motion by Paul Gavzy, seconded by Nancy Cunningham to adjourn was unanimously approved. The meeting adjourned at 8:34 PM.

________________________________

Maria Andrews, Administrative Officer