EAST AMWELL
ZONING BOARD OF ADJUSTMENT - MINUTES
Municipal Building – 7:30 PM
May 13, 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 May 13, 2008 in the Main
Meeting Room of the Municipal Building, 1070 Route 202/31, Ringoes, NJ by Vice
Chair Gloria Frederick.
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 May 6, 2008.
Roll Call and Agenda Review
Present: Sherrie Binder
Gloria Frederick – Vice Chair
Paul
Gavzy (arrived at 7:45 PM)
Kendra
Schroeder
Amy
Zambrowski – Alt. #1
Anne
Williams – Alt. #2
Absent: Nancy Cunningham – Chair
Gael
Gardner
Sue
Posselt
Vice Chair Frederick
confirmed that alternates Amy Zambrowski and Anne Williams will be voting this
evening.
Presentation of Minutes
A motion by Kendra Schroeder,
seconded by Sherrie Binder to approve the minutes from 4/8/08 was approved with
Gloria Frederick abstaining.
Presentation of Bills for Payment
A motion by Sherrie Binder,
seconded by Kendra Schroeder to approve the vouchers for payment as listed on
the agenda was unanimously approved.
Vice Chair Frederick 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
Douglas Stryker – AJ-08-03 – Block 42 Lot 12.01 – Route 31 South & 518 East
Attorney Douglas Orr came
forward on behalf of his client Douglas Stryker. Attorney Orr explained the
application is for a “d” (use) variance to construct a child day care facility
on Block 42 lot 12.01 on Route 31 in
the Sourland Mountain Zone. Attorney Orr clarified that the application is
bifurcated. If the applicant is successful in getting approval for the use
variance, then they will return with a full site plan.
East Amwell Township Board of Adjustment Minutes – May
13, 2008
A motion by Sherrie Binder,
seconded by Kendra Schroeder to deem the application complete was unanimously
approved.
Applications for Public Hearing
Unionville Vineyards – AJ-08-02 – Block 32 Lot 1 – 9 Rocktown Road, Ringoes
Present for the application
was Attorney Anthony Koester and Cameron Stark General Manager of the Winery.
Everyone was sworn in and Attorney Koester explained that this application was
only to eliminate part of the provision in condition No. 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.” It was clarified that the applicant
was only asking to eliminate the portion of the condition concerning the sale
of the property to individuals who are not family members. Attorney Koester
said there were no family members interested or able to purchase the property.
He explained that initially it was the owner’s intention to keep the business
in the family but over the past 15 years circumstances have changed. The owners
have moved out of state and aren’t interested in running the winery anymore.
Attorney Koester acknowledged that all other conditions in all resolutions
relating to this property would remain in tact.
A motion by Paul Gavzy,
seconded by Sherrie Binder to open to the public was unanimously approved.
Phil Ward of 13 Runyon Mill
Road came forward and was sworn in. Mr. Ward whole heartedly endorsed the
request to allow the vineyard to be sold to someone other than an immediate
family member stating Unionville is recognized as one of the top 3 wineries in
the state of New Jersey. He said the winery is a quality operation and should
be allowed to continue.
Freda Routh of 1 Linvale Road
came forward and was sworn in. She questioned whether or not all of the Board
of Health approvals had been obtained per the conditions of approval in past
Resolutions. Attorney Waterbury commented that conditions of approval are
binding regardless of who owns the property.
Zvi Eiref came forward and
was sworn in. He said he is the property owner of 28 Rocktown Road and
expressed support for the application saying it would be a detriment to the
neighborhood if the buildings became abandoned. He said he had no complaints
with any of the public aspects of the vineyard and commented on what a well run
operation it is.
A motion by Paul Gavzy,
seconded by Kendra Schroeder to close to the public was unanimously approved.
Attorney Waterbury clarified
several points and stated, “The variance itself that was granted....was for
certain retail activities that are taking place as part of the winery and
certain promotional activities and as laid out in Resolution AJ-93-03, one of
the reasons for granting the variance is that those activities are needed in
order to support and promote the activities of the vineyard and enable the
vineyard to exist. In that approval and with the consent of the owners of the
property, there was a condition that was inserted that the variance would lapse
if the property was sold to someone outside of the immediate family...I think
that was a condition that was entered into in good faith...now we’re looking at
a situation 15 years later, circumstances have changed...the request is simply
to modify one portion of that condition—to allow the property to be conveyed to
someone outside the immediate family without the variance lapsing. Mr. Koester
agrees that all other conditions of resolution AJ-90-03 and resolution AJ-03-09
remain in full force and effect including...Board of Health approval to be
sought for any modifications to the use that’s currently approved.”
East Amwell Township Board of Adjustment Minutes – May
13, 2008
A motion by Paul Gavzy,
seconded by Sherrie Binder to approve the request to modify the condition of
approval to allow the winery to be sold to someone outside of the immediate
family with all other conditions of resolution AJ-90-03 and resolution AJ-03-09
remaining in full force and effect was unanimously approved.
Roll Call Vote:
Paul Gavzy: Yes, Sherrie Binder: Yes, Gloria Frederick: Yes, Kendra Schroeder:
Yes, Amy Zambrowski: Yes, Anne Williams: Yes.
Old Business
There was no old business
listed on the agenda.
New Business
Approval of Hunterdon Storage Resolution
The Board acknowledged a
letter received by Attorney Walter Wilson requesting that the memorialization
of the Hunterdon Storage resolution be tabled until the Board’s next meeting in
order to allow the applicant to present additional testimony. Attorney
Waterbury advised the Board to table the resolution until next month and let
the full board make a determination on the applicant’s request. The Board
requested that Hunterdon Storage provide a written explanation of exactly what
additional facts and testimony they would be presenting.
A motion by Kendra Schroeder,
seconded by Sherrie Binder to table the memorialization of the resolution was
approved with Paul Gavzy opposing.
This matter will be placed on
next month’s agenda.
Approval of Clemente Resolution
It was noted that Attorney
Waterbury did not participate in this matter due to Counsel Conflict. A motion
by Anne Williams, seconded by Kendra Schroeder to approve the resolution with
the correction that the conditions reflect a “one” bedroom apartment was
approved.
Roll Call Vote: Anne
Williams: Yes, Kendra Schroeder: Yes, Gloria Frederick: Yes, Sherrie Binder:
Yes, Amy Zambrowski: Yes.
Open to the Public
A motion by Paul Gavzy,
seconded by Kendra Schroeder to open to the public was unanimously approved.
There being no public present, a motion by Sherrie Binder, seconded by Anne
Williams to close to the public was unanimously approved.
Adjournment
A motion by Sherrie Binder,
seconded by Kendra Schroeder to adjourn was unanimously approved. The meeting
adjourned at 8:28 PM.
________________________________
Maria Andrews, Administrative
Officer