EAST AMWELL
ZONING BOARD OF ADJUSTMENT - MINUTES
Municipal Building – 7:30 PM
January 8, 2008
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 January 8, 2008 in the
Main Meeting Room of the Municipal Building, 1070 Route 202/31, Ringoes, NJ by
Administrative Officer Maria Andrews.
In compliance with the Open
Public Meetings Act, the Administrative Officer announced this was the
reorganization and regularly scheduled meeting pursuant to the Meeting Notice
as published in the December 20, 2007 issue of the Hunterdon County Democrat,
filed in the Township Clerk’s Office, and posted on the Bulletin Board on
January 3, 2008.
Roll Call and Agenda Review
Present: Sherrie Binder
Nancy Cunningham - Chair
Gloria Frederick
Gael Gardner
Paul Gavzy
Sue Posselt
Kendra Schroeder
Amy Zambrowski – Alt. #1
Anne Williams – Alt. #2
Engineer Dennis O’Neal
Planner Frank Banisch
Ms. Andrews introduced new
board members: Kendra Schroeder, Amy Zambrowski and Anne Williams. The Board
welcomed them.
Ms. Andrews asked for
nominations for the Board’s Chair. A motion by Gael Gardner, seconded by Gloria
Frederick to nominate Nancy Cunningham as the Board Chair was made. Hearing no
other nominations, a motion by Paul Gavzy, seconded by Sue Posselt to close the
nominations was approved. The Board unanimously approved Ms. Cunningham’s
nomination. Ms. Andrews congratulated her and Chair Cunningham took over the
meeting.
Chair Cunningham asked for
nominations for the Board’s Vice Chair. A motion by Paul Gavzy, seconded by
Sherrie Binder to nominate Gloria Frederick as the Board’s Vice Chair was made.
Hearing no other nominations, a motion by Paul Gavzy, seconded by Sue Posselt
to close the nominations was approved. The Board unanimously approved Ms.
Frederick’s nomination and congratulated her.
Chair Cunningham asked for
nominations for the Board’s Secretary. A motion by Gael Gardner, seconded by
Gloria Frederick to nominate Sue Posselt was made. Hearing no other
nominations, a motion by Sherrie Binder, seconded by Gael Gardner to close the
nominations was approved. The Board unanimously approved Ms. Posselt’s
nomination and congratulated her.
East Amwell Township Board of Adjustment Minutes –
January 8, 2008
The following subcommittee’s
were formed:
On-site inspection – Gael Gardner, Sue Posselt, Sherrie Binder and Paul
Gavzy as the alternate.
Policy Committee – Paul Gavzy, Gloria Frederick, Kendra Schroeder and
Amy Zambrowski as the alternate.
Application Review
Committee – Nancy Cunningham, Sue
Posselt, Paul Gavzy, Maria Andrews and Anne Williams as the alternate.
Selection of Employees and Approval of Professional’s
Contracts
A motion by Gloria Frederick,
seconded by Gael Gardner to appoint Maria Andrews as the Board’s Administrative
Officer was unanimously approved.
A motion by Paul Gavzy,
seconded by Sherrie Binder to appoint Trishka Waterbury as the Board’s Attorney
and approve her contract with the condition that it be revised to include the
current affirmative action language was unanimously approved.
A motion by Gael Gardner,
seconded by Kendra Schroeder to appoint Dennis O’Neal as the Board’s Engineer
and approve his contract for 2008 was unanimously approved.
A motion by Gael Gardner,
seconded by Sue Posselt to appoint Frank Banisch as the Board’s Planner and
approve his contract with the condition that it be revised to include the
current affirmative action language was unanimously approved.
A motion by Gloria Frederick,
seconded by Sherrie Binder to appoint Joe Skupien/Stormwater Management
Consulting, Inc. as the Board’s stormwater consultant and approve his contract
with the condition that it be revised to include the current affirmative action
language was unanimously approved.
Adoption of Policies and Procedures
A motion by Gael Gardner,
seconded by Paul Gavzy to adopt the policies of the Board of Adjustment as
adopted on 1/8/02 and revised 2/12/02 was unanimously approved.
A motion by Paul Gavzy, seconded
by Gloria Frederick to adopt the Robert’s Rules of Order as also summarized by
“Simplified Parliamentary Procedure” was unanimously approved.
A motion by Sherrie Binder,
seconded by Sue Posselt to adopt the public hearing procedures pamphlet with a
minor revision noted, was unanimously approved.
The Board acknowledged
receipt of the brief outline of duties provided by Attorney Waterbury. Chair
Cunningham recommended that a training session be scheduled so Attorney
Waterbury can provide additional policy and procedure information for the
benefit of the new Board members. It was the consensus of the Board to have Ms.
Andrews email a list of available meeting dates and to then schedule and notice
a training session prior to the Board’s February meeting.
A motion by Sherrie Binder,
seconded by Kendra Schroeder to approve the Board’s 2008 meeting schedule was
unanimously approved. It was noted that the Board’s November 11, 2008 meeting
will have to be rescheduled because of the Veteran’s Day Holiday.
East Amwell Township Board of Adjustment Minutes –
January 8, 2008
Presentation of Minutes
A motion by Sue Posselt,
seconded by Sherrie Binder to approve the open session minutes from December
11, 2007 was approved with Gael Gardner and Paul Gavzy abstaining.
A motion by Gloria Frederick,
seconded by Sherrie Binder to approve the closed session minutes from December
11, 2007 was approved with Gael Gardner and Paul Gavzy abstaining.
Presentation of Bills for Payment
A motion by Gael Gardner,
seconded by Gloria Frederick to approve the vouchers as listed on the agenda
was unanimously approved.
Correspondence
Chair Cunningham noted that
the correspondence will be dealt with as it comes up over the course of the
meeting and specifically noted that the memo received from Clerk Stahl
regarding conflicts of interest is something each board member should read
carefully.
Applications to be Deemed Complete
Anthony & Rebecca Clemente – AJ-08-01 – Block
33 Lot 12 – 258 Wertsville Road,
Ringoes
Ms. Clemente came forward and
explained that she and her husband recently bought the property which is a
single family home that currently has one “apartment” type area on the main
floor that they can rent and apparently the previous owner rented the second
floor. The application is for a use variance to allow the Clemente’s to rent
two “apartment” areas within the home.
A motion by Sue Posselt,
seconded by Sherrie Binder to deem the application complete with the conditions
that an updated map be submitted, floor plans for the proposed apartments be
provided, and any historic evidence verifying the property was rented or tenant
occupied be submitted was unanimously approved.
Applications for Public Hearing
Giulio Cifelli – AJ-07-07 – Block 35.01 Lot 33.03 – 95 Lindbergh Road, Hopewell
Mr. Cifelli came forward with
his Planner/Land Surveyor Thomas Grybowski. Mr. Cifelli stated that he didn’t
like the implication that he had done something wrong and explained that
although he cleared trees on his property and erected structures with no
permits, there was “no malicious intent.” Mr. Cifelli took a moment to explain
to the Board that he and his family are “responsible people” who love East
Amwell and intend to stay here for a long time. He stated they love the trees,
the privacy, the deer, the peace and quiet and the school system.
Mr. Cifelli noted that he
bought the property approximately 10 years ago and in 2001 they did a lot line
change to create a 17.89 parcel and a 10.64 parcel and agreed to the condition
of no additional subdivision of the property(s). In 2002 they began building
their home and in 2004 they moved in.
The application before the
Board is for two variances: Impervious coverage and development beyond the 500’
limit established in the ordinance. Mr. Cifelli stated he erected a pole barn
on his property 581’ back from the street line, with no permits because in
addition to getting a “good deal on the barn” winter was coming and he needed
to get his vehicles and personal landscaping equipment stored for the season.
He also stated this area had the least amount of trees and putting the barn in
this location would have the least amount of impact on the property.
East Amwell Township Board of Adjustment Minutes –
January 8, 2008
Planner Grybowski stated that
the clearing on the property is approximately 38,000 sq. ft. over what is
allowed and the pole barn is situated 81’ beyond the 500’ allowed development
limit. Mr. Grybowski said, “A mistake was made and there really isn’t much that
I can say to defend or to justify the actions...we are here to in fact, try to
resolve the issue to hopefully everyone’s satisfaction.” Additionally, he
stated that in Engineer O’Neal’s October 4, 2007 memo the issue of stormwater
management was raised. Mr. Grybowski stated that they have come up with a plan
to reduce the amount of impervious coverage on the property and they will then
be in compliance with the 2004 stormwater regulations.
Planner Grybowski presented Exhibit A-1, a mounted plan showing a
cross hatched area of stone along the driveway that the applicant plans to
remove and replant in order to comply with the stormwater regulations.
Exhibit A-2,
a series of seven aerial photos from “mapstyle live” showing what the property
looked like in 2006.
Engineer O’Neal presented a
series of exhibits:
Exhibit B-1:
A portion of the April 2001 subdivision plan showing the proposed
building/dwelling and approximately 40,000 sq. ft. of approved clearing.
Exhibit B-2:
A color coded “as built” plan from 2004 showing the excess clearing that was
done on the property.
Exhibit B-3:
A plan from May 2007 showing the existing current structures on the property
and all of the excess clearing totally approximately 78,000 sq. ft.
Exhibit B-4:
A plan showing the cross hatched gravel areas to be removed and replanted in
order to meet the current stormwater regulations.
Chair Cunningham asked Mr.
Cifelli if he had any idea how many trees were actually cut down. Mr. Cifelli
stated that he believed a total of 5 trees in the area where the pole barn is
situated and about 5 or 6 more trees in the area where the well is situated.
Mr. Cifelli said no large trees were cleared in the areas containing the small
shed, the playground area and the swimming pool. He noted that only
“underbrush” was cleared in those areas.
Planner Banisch commented
that the application is for two bulk variances that require specific criteria
be met in order for the variances to be granted. He said the excess clearing
variance and the development beyond the 500’ line must be measured with regard
to the intent of the master plan and the ordinance. The Board must find that
there is a hardship that is not self generated, or that there are benefits from
the proposed application that substantially outweigh the detriment of the
proposed project. Planner Banisch noted that there are also negative criteria
that require the Board to find no substantial detriment to the public good if
the variances are granted and that there is no substantial negative impact on
the zone plan or zoning ordinance.
Planner Banisch stated, “In
this particular case, the importance of protecting the vast interior forest
cover on the Mountain is what prompted these very tight limits on the amount of
clearing that is permitted and the restriction on going deep into the property
particularly because we want to prevent that interior forest penetration.”
Planner Banisch commented
that Mr. Cifelli needs to put evidence on the record regarding the positive and
negative criteria related to the master plan and the ordinance. He noted Mr.
Cifelli must make a case to the Board addressing why they should and can grant
the variances.
East Amwell Township Board of Adjustment Minutes –
January 8, 2008
Mr. Gryboswki asked the Board
for a 5 minutes recess to allow him to confer with his client.
The Board took a thirteen
minute recess, from 9:10 PM – 9:23 PM.
Upon discussion with the
Planner and Engineer, Mr. Cifelli was amenable to relocating the pole barn
within the 500’ development boundary, pulling the small shed into compliance
with the same boundary and remediating the land that was cleared for the pole
barn. Engineer O’Neal estimated that approximately 15,000 to 20,000 sq. ft. of
the property will have to be reforested. He referred to section 92-89I:2(f) of
the ordinance regarding the specifics relative to the remediation.
There was some discussion on
exactly how many trees would need to be replanted and no consensus was reached.
A motion by Gael Gardner,
seconded by Gloria Frederick to open to the public was unanimously approved.
A. Edward Lepelis of 89
Lindbergh Road came forward and expressed support for Mr. Cifelli. Mr. Lepelis
said the pole barn can’t be seen where it is now and if the structure is moved
it will become more visible to everyone.
John F. Hitchcock, Jr., of 91
Lindbergh Road came forward and stated he agreed with Mr. Lepelis’s comments.
He stated the current layout of the property works and there is a serious cost
factor in asking Mr. Cifelli to relocate the structure.
Richard Ginman of 125
Mountain Road came forward and expressed that Mr. Cifelli’s property was an
example of a current trend happening with new homeowners in the Sourland
Mountain. He stated the issue should not be what the neighboring property
owners think is attractive, but rather whether or not the objectives of the
Township have been met.
Kathy Machnik of 108 Old York
Road came forward and stated she was in favor of remediation otherwise she
believed the forest will be damaged forever.
Teresa Gerstacker of 134
Mountain Road came forward and suggested that if the neighbors didn’t want to
see the barn relocated, another option might be to require that the barn be
completely taken down and removed, and the land reforested.
Andrea Bonette of 17 Ridge
Road came forward in her capacity as the President of the Sourland Planning
Council and read a lengthy statement for the record, which was marked as Exhibit O-1. A copy is attached.
A motion by Paul Gavzy
seconded by Gloria Frederick to close to the public was unanimously approved.
Gael Gardner read the site
review for the record, a copy of which is attached.
East Amwell Township Board of Adjustment Minutes –
January 8, 2008
Planner Banisch addressed the
Board saying, “The decision that you make here will send a signal, and as it
relates to that 500’ line, having the property owner come to the table prepared
to respect that after the fact—that’s not like getting a permit after the
fact—that’s like going and picking up the building and moving it to create a
conforming situation. He’s not going to conform entirely. If you agree to let
him do that, he’s still going to have clearing beyond...what he was allowed, so
there will be a variance associated with this. I think at the end of the
day...everyone will realize that the 500’ limit became a very important thing
and when we were asked if we were going to enforce it or not, we did and the
owner worked with us on that. I think that is a very reasonable accommodation.”
Attorney Waterbury suggested
that the application be carried until next month to allow the applicant the
opportunity to submit a new plan showing the new location of the pole barn and
the small shed with the remediated areas along with calculations on exactly
what amount of land will be disturbed.
Ms. Gardner suggested Mr.
Cifelli hire a State Forester to submit a report with his recommendation on the
exact amount of trees that should be replanted.
A motion by Gloria Frederick,
seconded by Gael Gardner to continue the application to the next meeting with
the conditions noted by Attorney Waterbury and Ms. Gardner was unanimously
approved. It was noted that Mr. Cifelli will not have to renotice the public
for the February meeting.
Old Business
Sue Posselt asked about the
status of the Genzone application that was before the Board last month.
Attorney Waterbury said she is in the process of finalizing her review with the
Township professionals and the zoning officer and she will be putting a letter
together with their determination.
Open to the Public
A motion by Sherrie Binder, seconded
by Gloria Frederick to open to the public was unanimously approved. No one came
forward. A motion by Paul Gavzy, seconded by Gael Gardner to close to the
public was unanimously approved.
A motion by Paul Gavzy,
seconded by Gloria Frederick to adjourn was unanimously approved.
The meeting adjourned at
10:32 PM.
________________________________
Maria Andrews, Administrative
Officer