EAST AMWELL
ZONING BOARD OF ADJUSTMENT - MINUTES
Municipal Building – 7:30 PM
April 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 April 8, 2008 in the Main
Meeting Room of the Municipal Building, 1070 Route 202/31, Ringoes, NJ by Chair
Nancy Cunningham.
In compliance with the Open
Public Meetings Act, the Administrative Officer announced this was a regularly
scheduled meeting pursuant to the Annual Meeting Notice as published in the
January 17, 2008 issue of the Hunterdon County Democrat, filed in the Township
Clerk’s Office, and posted on the Bulletin Board on April 2, 2008.
Roll Call and Agenda Review
Present: Sherrie Binder
Nancy Cunningham – Chair
Gael
Gardner
Paul
Gavzy
Kendra
Schroeder
Amy
Zambrowski – Alt. #1
Anne
Williams – Alt. #2
Planner
Frank Banisch
Absent: Gloria Frederick
Sue
Posselt
Chair Cunningham confirmed
that Alternates Amy Zambrowski and Anne Williams will be voting this evening.
Presentation of Minutes
A motion by Paul Gavzy,
seconded by Sherrie Binder to approve the minutes from March 11, 2008 with no
revisions noted was approved with Ms. Cunningham abstaining.
Presentation of Bills for Payment
A motion by Gael Gardner,
seconded by Paul Gavzy to approve the vouchers for payment as listed on the
agenda was unanimously approved.
Chair Cunningham noted that
the correspondence will be dealt with as it comes up over the course of the
meeting.
East Amwell Township Zoning Board of Adjustment
Minutes – April 8, 2008
Applications to be Deemed Complete or Incomplete
Unionville Vineyards – AJ-08-02 – Block 32 Lot 1 – 9 Rocktown Road, Ringoes
Present for the application
was Attorney George Dilts on behalf of the applicants. Attorney Dilts explained
the application is to modify prior Resolution AJ-93-03 memorialized August 10,
1993 and eliminate the provision in condition #9 which reads: “If the vineyard
is sold to individuals who are not members of the immediate family or the
vineyard ceases to exist, the variance will expire. This condition was
expressly consented to by the applicants.”
A motion by Gael Gardner,
seconded by Paul Gavzy to deem the application complete was unanimously
approved.
It was noted that the copy of
the resolution the Board received is missing every other page. Ms. Andrews will
provide a complete copy of Resolution AJ-93-03 to the Board prior to the public
hearing on this matter.
Applications for Public Hearing
Anthony & Rebecca Clemente – AJ-08-01 – Block
33 Lot 12 – 258 Wertsville Road,
Ringoes
Board Attorney Trishka
Waterbury stepped down from the dais due to a conflict. Attorney Steve Goodell
of Herbert, VanNess, Cayci & Goodell in Princeton came forward to handle
this application.
Present for this application
was property owner Rebecca Clemente. Ms. Clemente came forward and was sworn
in. She presented the Board with two exhibits. Exhibit A-1: Seven color photos of the existing apartment, and Exhibit A-2: A listing of the positive
and negative criteria.
Attorney Goodell explained
the criteria needed to be met for the Board to grant a use variance. He stated
the Board can grant a use variance in particular cases and for special reasons
according to the purposes of zoning outlined in the Municipal Land Use Law
(MLUL). Specifically, the application must serve the public good, the use must
promote the general welfare and the site must be particularly suitable for the
proposed use.
Ms. Clemente proposed to
convert the existing four-story frame house on Lot 12 from a single family
dwelling to a two-family dwelling. There is already an existing apartment that
makes up the third and fourth floors. The proposed application is to allow the
second floor of the dwelling to be used as a second apartment. The subject area
is 1700 sq. ft. and has a full existing bathroom. Ms. Clemente noted that this
apartment could only be used as a 1 bedroom apartment because the septic is
only approved for up to 4 bedrooms.
Ms. Clemente stated the
entire first floor of the home is one large open space that used to be the
previous owners airplane hanger. She commented the home has sufficient storage
and parking for anyone living there and no cars would be visible to the
neighbors.
Ms. Gardner commented that she
has a friend who confirmed there was an apartment in the dwelling years ago.
East Amwell Township Zoning Board of Adjustment
Minutes – April 8, 2008
Attorney Goodell noted that
the minor subdivision granted by the Planning Board on August 20, 1986 created
lots 12 and 12.01. Lot 12 consisted of two structures that were both barns. One
of those barns was then later converted into the existing house that is there
today. Lot 12.01 consisted of the old farmhouse. It was noted that the
Clemente’s are the owners of both lot 12 and 12.01.
With regard to the positive
and negative criteria, Ms. Clemente referred to Exhibit A-2. She explained
there will be no change to the outside of the structure and there will be no
visual impact to any of the adjoining neighbors. Ms. Clemente said the dwelling
is solar powered which is a source of renewable energy and is in keeping with
the spirit of the MLUL. Ms. Clemente noted East Amwell has very few rental
units and stated she has had several people interested in moving in. The
applicant stated the proposed apartment will be a tremendous benefit to this
residential area because it will dramatically reduce the amount of commercial
traffic that occurred with the pre-existing balloon-port and landing strip.
Ms. Williams asked if the
applicant would be willing to decommission the airstrip. Ms. Clemente said she
would agree to allow her balloon-port license to expire and decommission the
airstrip as conditions of approval.
There was some discussion on
whether or not Ms. Clemente would consider making the proposed apartment an
(affordable housing) COAH unit. She stated she may consider that option but
indicated she really didn’t know enough about the program to make a commitment.
Planner Banisch presented Exhibit B-1: Six mounted color photos
of the site. He explained each picture in an effort to orient the Board members
and the public with the existing structures on the site and the layout of the
property as it relates to the neighbors.
A motion by Paul Gavzy,
seconded by Sherrie Binder to open to the public was unanimously approved.
John Kelly of 270 Wertsville Road
came forward and endorsed the application. He stated he has lived there 20
years and breeds race horses. Mr. Kelly said, “That landing strip was heavily
used and was the largest nuisance in my life!” He thanked Ms. Clemente for
buying the property and also stated he was aware of previous tenants living on
the property. Mr. Kelly noted that Mr. Harrison (the previous owner) lived
downstairs with his girlfriend, while Mr. Harrison’s landscaper lived upstairs.
Ilona English of 9 Runyon
Mill Road came forward and provided beneficial historic background noting that
this area was once considered a “Hamlet” and had many more buildings with many
more people living there. She stated, “This application is both historically
and residentially compatible to the area.” Additionally she noted that COAH
units had to be ADA (handicap) accessible and this proposed apartment is on the
second floor.
Jessica Wysocki of 254 Wertsville Road came forward and stated
she began living in East Amwell Township in an apartment and loved the area so
much that she saved up and bought the home she currently resides in. Ms.
Wysocki commented that being able to start out in an apartment in this area was
a great benefit to her.
Each resident was
overwhelmingly grateful for not having to deal with the landing strip anymore
and thanked the Clemente’s for purchasing the property.
East Amwell Township Zoning Board of Adjustment
Minutes – April 8, 2008
A motion by Gael Gardner,
seconded by Sherrie Binder to close to the public was unanimously approved.
Sherrie Binder read the site
review report for the record, a copy of which is attached.
Several Board members
expressed opinions on the proposed application. Mr. Gavzy did not like the
proposal. Ms. Gardner, Ms. Williams and Ms. Cunningham each indicated that
making the apartment a COAH unit would be beneficial. Ms. Binder and Ms.
Schroeder noted they had no problem with the proposed application.
A motion by Sherrie Binder,
seconded by Kendra Schroeder to approve the application for an additional one bedroom apartment with the condition
that there be a deed restriction noting no airstrip or balloon-port is allowed
to exist on the property was approved.
Roll Call Vote:
Sherrie Binder: Yes, Kendra Schroeder: Yes, Nancy Cunningham: Yes, Paul Gavzy:
No, Amy Zambrowski: Yes, Anne Williams: Yes, Gael Gardner: Yes.
New Business
A motion by Gael Gardner,
seconded by Anne Williams to approve the L&P Builders/Pietro Amari –
Extension of Time to Secure a Building Permit resolution – Block 35.01 Lot 32.02 was unanimously approved.
Roll Call Vote:
Gael Gardner: Yes, Anne Williams: Yes, Sherrie Binder: Yes, Nancy Cunningham:
Yes, Paul Gavzy: Yes, Kendra Schroeder: Yes, Amy Zambrowski: Yes
It was noted that the Hunterdon Storage Resolution was not
received, and will be on the Board’s May 13, 2008 agenda.
Open to the Public
A motion by Gael Gardner,
seconded by Amy Zambrowski to open to the public was unanimously approved. No
public came forward. A motion by Gael Gardner, seconded by Paul Gavzy to close
to the public was unanimously approved.
Adjournment
A motion by Sherrie Binder,
seconded by Gael Gardner to adjourn was unanimously approved.
The meeting adjourned at 9:12
PM.
________________________________
Maria Andrews, Administrative
Officer