May 23, 2022 Regular Meeting

STILLWATER TOWNSHIP

ZONING BOARD OF ADJUSTMENT

May 23, 2022

A REGULAR MEETING OF THE Stillwater Township Zoning Board of Adjustment was held on Monday, May 23, 2022, at 7:30 p.m.  The meeting was called to order by Chairman Lippencott in accordance with the Open Public Meetings Act.  The flag was saluted and roll call taken:

MEMBERS PRESENT:  Mr. Lippencott, Mr. van der Haeghen, Ms. Mountford, Mr. Kochenthal, Mrs. Draghi, Mr. Sarni, and Mr. Wykoff.

MEMBERS ABSENT:     Mr. Straub

ALSO PRESENT:            Board Attorney Haggerty and Board Engineer Golden

MINUTES:

Ms. Draghi made the motion to approve the minutes of April 25, 2022, seconded by Ms. Mountford.   Roll call vote in favor: Mr. Lippencott-Yes, Ms. Mountford-Yes, Mr. Kochenthal-Yes, Mr. Wykoff-Yes, Mr. Sarni-Abstain, Mrs. Draghi-Yes, and Mr. van der Haeghen-Yes

MEMORIALIZING RESOLUTION:

#614   Brian Pfeifer, Block 4104, Lot 14

   Attorney Haggerty reviewed the Resolution for the minor corrections to the dates.

Ms. Mountford made the motion to adopt the Resolution.  Motion seconded by Mr. van der Haeghen.

Roll call vote in favor: Mr. Lippencott-Yes, Ms. Mountford-Yes, Mr. Kochenthal-Yes, Mr. Wykoff-Yes, Mr. Sarni-Abstain, Mrs. Draghi-Yes, and Mr. van der Haeghen-Yes

COMPLETENESS:

#621   Perry Maio, Block 305, Lot 38

Richard Valenti, Esq. was present on behalf of the Applicant.  Mr. Golden reviewed his report of May 17, 2022, which was discussed with the Board and the Applicant.

Mrs. Draghi made the motion to deem the application complete.  Motion seconded by Mr. Kochenthal.  Roll call vote in favor: Mr. Lippencott-Yes, Ms. Mountford-Yes, Mr. Kochenthal-Yes, Mr. Wykoff-Yes, Mr. Sarni-Yes, Mrs. Draghi-Yes, and Mr. van der Haeghen-Yes

#622   Michael Molaei, Block 3804, Lot 2.13

   Mr. Golden reviewed his report of May 22, 2022, which the Board discussed.       Mr. van der Haeghen made the motion to deem the application complete.  Motion seconded by Mr. Sarni.  Roll call vote in favor: Mr. Lippencott-Yes, Ms. Mountford-Yes, Mr. Kochenthal-Yes, Mr. Wykoff-Yes, Mr. Sarni-Yes, Mrs. Draghi-Yes, and Mr. van der Haeghen-Yes

    #623   Arthur Lambrecht, Block 3501, Lot 2.02

    Mr. Golden reviewed his report of May 22, 2022.  Mr. Lambrecht’s son was present and he commented on the existing generator and the proposal to swap it out with a new generator.

Mr. Sarni made the motion to deed the application complete.  Motion seconded by Mr. Kochenthal.

Roll call vote in favor: Mr. Lippencott-Yes, Ms. Mountford-Yes, Mr. Kochenthal-Yes, Mr. Wykoff-Yes, Mr. Sarni-Yes, Mrs. Draghi-Yes, and Mr. van der Haeghen-Yes

The Applicants stated their concerns as they need to have a functional generator, in the case of a power outage, to take care of important medical equipment.  The Board suggested that the Applicant search the Township records to determine if there were any prior permits and or approval for the existing generator.

   #624   Skylands 10x LLC, Block 310, Lot 16

   Frank McGovern, Esq. was present on behalf of the Applicant.  Mr. Golden reviewed his report of May 21, 2022, which was discussed with the Applicants and the Board.   The Board discussed the additional information that may be needed to address slopes and wetlands.  The Applicant stated that they will provide additional information.

Mrs. Draghi made the motion to deem the application complete.  Motion seconded by Mr. Sarni.

Roll call vote in favor: Mr. Lippencott-Yes, Ms. Mountford-Yes, Mr. Kochenthal-Yes, Mr. Wykoff-Yes, Mr. Sarni-Yes, Mrs. Draghi-Yes, and Mr. van der Haeghen-Yes

   #625   Lotus Way LLC, Block 2001, Lot 5

1. William Lavigne, Esq. was present on behalf of the Applicant. Mr. Golden reviewed his report of May 18, 2022, which was discussed with the Board and the Applicant.  Mr. Lavigne stated that he did provide additional information today.

Mr. van der Haeghen made the motion to deem the application complete.  Motion seconded by Mr. Kochenthal.  Roll call vote in favor: Mr. Lippencott-Yes, Mr. Kochenthal-Yes, Mr. Wykoff-Yes, Mr. Sarni-Yes, Mrs. Draghi-Yes, and Mr. van der Haeghen-Yes.  Ms. Mountford is recusing herself from the application.

HEARINGS:

#620   Evan Dilluvio, Block 2601, Lot 3-Variance Application  

Evan Dilluvio was present and he stated that he wishes to install an new in ground pool that is in the location of an existing pool/deck.  The Applicant and the Board discussed the existing site conditions and the proposal.

The hearing was opened to the public.  With there being no public comment, the hearing was closed to the public.

Mr. Sarni made the motion to grant the relief requested.  Motion seconded by Ms. Mountford. Roll call vote in favor: Mr. Lippencott-Yes, Ms. Mountford-Yes, Mr. Kochenthal-Yes, Mr. Wykoff-Yes, Mr. Sarni-Yes, Mrs. Draghi-Yes, and Mr. van der Haeghen-Yes

Mr. Kochenthal made the motion to waive the adoption of the Resolution, so that building permits can be submitted, if the construction department permits it.  Motion seconded by Mr. van der Haeghen.  Roll call vote in favor: Mr. Lippencott-Yes, Ms. Mountford-Yes, Mr. Kochenthal-Yes, Mr. Wykoff-Yes, Mr. Sarni-Yes, Mrs. Draghi-Yes, and Mr. van der Haeghen-Yes

BILLS:

Mr. Kochenthal made the motion to pay the following bills, seconded by Ms. Mountford:

Dolan & Dolan              Re:  First Presbyterian                              165.00

Dolan & Dolan              Re:  General                                             325.00

Dolan & Dolan              Re:  Pfeifer                                                 74.25

Dolan & Dolan              Re:  Dilluvio                                             156.75

Dolan & Dolan              Re:  General                                              321.75

Golden & Moran           Re:  General                                              120.00

Golden & Moran           Re:  Dilluvio                                             360.00

Golden & Moran           Re:  Pfeifer                                              1020.00

Roll call vote in favor: Mr. Lippencott-Yes, Ms. Mountford-Yes, Mr. Kochenthal-Yes, Mr. Wykoff-Yes, Mr. Sarni-Yes, Mrs. Draghi-Yes, and Mr. van der Haeghen-Yes

OPEN TO THE PUBLIC:

Chairman Lippencott opened the meeting to the public.  With there being no public comment, the meeting was closed to the public.

COMMITEE LIAISON REPORT:

Ms. Chammings was in attendance and she provided the liaison update:  tax liens, Deputy Clerk appointment, review of  construction fees, DPW available positions, and updated lighting.  Ms. Mountford questioned the hiring process.

EXECUTIVE SESSION:

Mr. van der Haeghen made the motion to go into Executive Session, at 8:40 p.m. to discuss: Potential Litigation.  Motion seconded by Mr. Wykoff.  Voice vote in favor:  Mr. Lippencott-Yes, Ms. Mountford-Yes, Mr. Kochenthal-Yes, Mr. Wykoff-Yes, Mrs. Draghi-Yes, Mr. Sarni-Yes, and Mr. van der Haeghen-Yes

In a motion made by Kochenthal and seconded by Mr. Sarni, the Regular Meeting resumed at 8:56 p.m.  Voice vote in favor: Mr. Lippencott-Yes, Ms. Mountford-Yes, Mr. Kochenthal-Yes, Mr. Wykoff-Yes, Mr. Sarni-Yes, Mrs. Draghi-Yes, Mr. Sarni-Yes, and Mr. van der Haeghen-Yes

OPEN TO THE PUBLIC:

Chairman Lippencott opened the meeting to the public.

Stephen Barracata commented on the Sylvester Appeal, the Board’s action, and what needs to be done to satisfy the Township.  He noted that the outside posted meeting date notice is not up to date.  It was stated that Mr. Barracata can submit an OPRA request for any documentation.  Ms. Schemm noted that it is her understanding that the Township records reflect the property address and not the mailing address for Ms. Powers.  She suggested that Ms. Powers call and change the records so that the mail is deliverable.

With there being no further comment, the meeting was closed to the public at 9:08 p.m.

ADJOURNMENT:

With there being no further business, a motion was made and seconded to adjourn the meeting at

9:08  p.m.  In a voice vote, all were in favor.

Respectfully submitted,

_________________________________            _______________________________

Alfia Schemm, Board Secretary                                        George Lippencott, Chairman

6/23/22