EAST AMWELL

ZONING BOARD OF ADJUSTMENT - MINUTES

Municipal Building – 7:30 PM

October 14, 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 October 14, 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 October 7, 2008.

Roll Call and Agenda Review

Present: Sherrie Binder – arrived at 7:41 PM

Nancy Cunningham – Chair

Gloria Frederick

Gael Gardner

Paul Gavzy

Sue Posselt

Kendra Schroeder

Amy Zambrowski – Alt. #1

Anne Williams – Alt. #2

Attorney Waterbury

Chair Cunningham suggested the Scibilia matter listed under Old Business on the agenda be moved up to the beginning of the meeting since the status update should be brief. The Board agreed to hear the matter prior to deeming applications complete or incomplete.

Presentation of Minutes

A motion by Paul Gavzy, seconded by Gloria Frederick to approve the minutes from September 9, 2008 was approved with no revisions noted.

Presentation of Bills for Payment

A motion by Paul Gavzy, seconded by Gloria Frederick 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.

Old Business

Status Update on Scibilia Lot Line Adjustment

Glorianne Robbi, Chair of the Farmland Preservation and Open Space Committee (FOSPC) came forward and explained that the minor subdivision/lot line adjustment had been sent to the County Planning Board and was approved with a few conditions that FOSPC Administrator Judy Conard was working on addressing. Ms. Robbi also noted that the Township Engineer had drafted a Deed of Easement which had been sent to the State Agriculture Development Board.

East Amwell Zoning Board of Adjustment Minutes – 10/14/08

Board of Adjustment Administrator Andrews reminded the Board that the Scibilia escrow still remains in a negative status with several requests for additional funds being ignored. Attorney Waterbury stated that Township Attorney Cushing requested the matter continue to be carried since progress is being made to finalize the subdivision. The Board agreed to table making a decision on the previous Scibilia application to modify a condition of approval until the Board’s November 17, 2008 meeting.

Applications to be Deemed Complete or Incomplete

Antonio Elmaleh – AJ-08-06 – Block 34 Lot 5.01 – 325 Rileyville Road

Anne Williams recused herself and stepped down from the dais. Ms. Williams is the wife of applicant Antonio Elmaleh. The proposed project is for expansion of the existing driveway and the construction of a 4-stall horse barn with a loft area and cupola. The plan proposes to remove a small stretch of hedge row and one tree. The proposed plan will improve stormwater management through the introduction of two rain gardens which will capture surface run-off and roof water encouraging ground water recharge. The proposed barn will be 36’ x 36’ x 30’ in height.

It was determined that a variance will be required for the height of the accessory structure. A maximum height of 20’ is allowed while 30’ is being proposed. Additionally, a variance for impervious coverage is being requested. The property is allowed to have 22,860 sq. ft. of lot coverage, the existing coverage is 23,373 sq. ft. and the proposed project would increase the coverage to 33,584 sq. ft.

A motion by Gloria Frederick, seconded by Paul Gavzy to deem the application complete with the following conditions was unanimously approved: The front page of the application should reflect the applicant’s correct zip code, elevations/dimensions/structure height should all be provided with distances measured to a specific point of reference, the property owners within 200’ of the subject lot need to be shown on the plan and additional photos including an aerial photo need to be provided with explanations referencing each photo.

Roll Call Vote: Gloria Frederick: Yes, Paul Gavzy: Yes, Sherrie Binder: Yes, Nancy Cunningham: Yes, Gael Gardner: Yes, Sue Posselt: Yes Kendra Schroeder: Yes.

Administrative Officer Andrews noted the Board’s next meeting is Monday, November 17, 2008 due to the regularly scheduled meeting falling on Veteran’s Day when the offices will be closed.

Anne Williams returned to the dais at this time.

New Business

A motion by Gloria Frederick, seconded by Kendra Schroeder to approve the Cifelli Resolution with some revisions noted was approved.

Roll Call Vote: Gloria Frederick: Yes, Kendra Schroeder: Yes, Sherrie Binder: Yes, Nancy Cunningham: Yes, Gael Gardner: Yes, Paul Gavzy: Yes, Sue Posselt: Yes.

Open to the Public

A motion by Paul Gavzy, seconded by Kendra Schroeder to open to the public was unanimously approved. No one came forward. A motion by Paul Gavzy, seconded by Sherrie Binder to close to the public was unanimously approved.

East Amwell Zoning Board of Adjustment Minutes – 10/14/08

Attorney Comments

Explanation of Recently Approved Public Law 2008 Chapter 78 (Permit Extension Act)

The purpose of this Act is to prevent the abandonment of approved projects and activities due to the present unfavorable economic conditions, by halting the term of the approvals for a period of time,

thereby preventing a waste of public and private resources. This law essentially “stops the clock” on previously approved land approvals. Attorney Waterbury explained that this Act covers all land use approvals, including DEP approvals with some exceptions such as environmentally sensitive areas, critical environmental sites in the Highlands Regions and Flood Hazard Control Act approvals. Anything that had a valid approval as of January 1, 2007 automatically gets the extension, with the exceptions noted. The extension would be valid until July 1, 2010.

Adjournment

A motion by Paul Gavzy, seconded by Gloria Frederick to adjourn was unanimously approved.

The meeting adjourned at 8:23 PM.

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Maria Andrews, Administrative Officer