ZONING BOARD OF ADJUSTMENT
June 27, 2022
A REGULAR MEETING OF THE Stillwater Township Zoning Board of Adjustment was held on Monday, June 27, 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 (arriving at 7:40 p.m.)
MEMBERS ABSENT: Mr. Straub
ALSO PRESENT: Board Attorney Haggerty and Board Engineer Golden
Ms. Mountford made the motion to approve the minutes of May 23, 2022, 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
#620 Evan Dilluvio, Block 2601, Lot 3-Variance Application
Mrs. Draghi made the motion to adopt the Resolution. Motion seconded by Mr. Kochenthal. Roll call vote in favor: Mr. Lippencott-Yes, Ms. Mountford-Yes, Mr. Kochenthal-Yes, Mr. Sarni-Yes, Mrs. Draghi-Yes, and Mr. van der Haeghen-Yes
#626 John & Mary Ellen Burke, Block 3401, Lot 4.01-Adjournment to July
The Applicant has requested that this matter be heard at the Board’s July meeting.
#621 Perry Maio, Block 305, Lot 38-Adjournment to July
Mr. Valenti has requested that this matter be heard at the Board’s July meeting.
#622 Michael Molaei, Block 3804, Lot 2.13
Michael Molaei was present and he was sworn and he reviewed his request to construct an in ground pool, in what is technically, his front yard, along with a variance for the height of the fence. The Board discussed the site conditions and Dr. Molaei stated that the pool will not be seen by the neighbors.
The hearing was opened to the public. With there being no public comment, the hearing was closed to the public.
Mr. Golden briefly touched on the slopes issue and he stated that a drainage system (scour hole) is being proposed.
Ms. Mountford made the motion to grant the variances. Motion seconded by Mr. van der Haeghen.
Roll call vote in favor: Mr. Lippencott-Yes, Ms. Mountford-Yes, Mr. Kochenthal-Yes, Mr. Sarni-Yes, Mrs. Draghi-Yes, and Mr. van der Haeghen-Yes
Mr. Molaei asked if he can begin construction and the Board discussed the typical process where the Resolution is adopted and then forwarded to the appropriate township departments.
Mr. Golden stated that he will send an email to the Zoning Officer advising him of the Board’s action. Mr. Wycoff arrived.
Mr. van der Haeghen made the motion to waive the adoption of the Resolution so the Applicant can apply for permits. Motion seconded by Ms. Draghi. Roll call vote in favor. Mr. Lippencott-Yes, Ms. Mountford-Yes, Mr. Kochenthal-Yes, Mr. Sarni-Yes, Mrs. Draghi-Yes, and Mr. van der Haeghen-Yes
The Board discussed the remainder of the process with Dr. Molaei.
#623 Arthur Lambrecht, Block 3501, Lot 2.02
Arthur Lambrecht was present and the Board acknowledged that the newspaper notice was not published in time. It was determined that the notice sent to the property owners is preserved and that the matter will be carried to the Board’s July 25th meeting, without further additional notice to the property owners within 200 feet. This will allow Mr. Lambrecht an opportunity to publish his notice in the newspaper for the July meeting. Mr. Lambrecht stated that he had an issue with the NJ Herald and he did his due diligence in trying to get the notice published in time. The Board stated that they understood; however, they do not have jurisdiction to deal with the matter this evening. Mr. Lambrecht stated that they are just replacing a generator and he was told that no permit would be required. He stated that they also reviewed the construction records and could not find a permit for the prior generator and he stated his concern over the need for electricity for medical/accessibility reasons.
#624 Skylands 10x LLC, Block 310, Lot 16-Adjournment to July
It was announced that this matter will be heard at the July meeting.
#625 Lotus Way LLC, Block 2001, Lot 5
Ms. Snyder stated that she is the property owner and she has had the property/restaurant listed for sale. She stated that an issue came up with the installation of a commercial septic system. She also addressed the 2nd building on the property and the apartment above the restaurant. She reviewed the expense of the commercial septic system.
Mr. Maskar stated that they plan to live in the apartment and then renovate the first floor and the cottage, which would be rented out eventually. He stated that they know they will have to install a new septic system for the residential uses. He stated that the restaurant building will be a three bedroom and the cottage a one bedroom. He stated that the some of the parking lot will be eliminated and will become a lawn. Mr. Haggerty stated that County will need to review the proposal and the Board discussed access, parking, the septic system, and the well. The following was submitted and marked as an Exhibit:
A-1 Marked Survey dated 2-17-17
The Board continued to review the proposal and Mr. Haggerty reviewed the use variance being requested and the Applicants provided the proofs necessary for a use variance to convert the restaurant to a residential use and to allow two residential uses on one property.
The hearing was opened to the public.
Ms. Chammings thanked Ms. Snyder for the years that she ran the Boat House Restaurant and she stated that it will be missed.
With there being no further public comment, the hearing was closed to the public.
Mr. Sarni made the motion to grant the Use Variances as requested and discussed this evening . Motion seconded by Mr. van der Haeghen. Roll call vote in favor. Mr. Lippencott-Yes, Mr. Kochenthal-Yes, Ms. Mountford-Recused, Mr. Sarni-Yes, Mr. Wykoff-Yes, Mrs. Draghi-Yes, and Mr. van der Haeghen-Yes
Mr. van der Haeghen made the motion to pay the following bills, seconded by Mr. Sarni:.
Dolan & Dolan Re: Burton 66.00
Dolan & Dolan Re: First Presbyterian Church 140.25
Dolan & Dolan Re: General 325.00
Dolan & Dolan Re: Pfeifer 338.25
Dolan & Dolan Re: Dilluvio 264.00
Dolan & Dolan Re: General 115.50
Dolan & Dolan Re: Burke 33.00
Dolan & Dolan Re: Lotus Way 74.25
Dolan & Dolan Re: Lotus Way 66.00
Dolan & Dolan Re: Skylands 82.50
Dolan & Dolan Re: Molaei 82.50
Dolan & Dolan Re: Maio 115.50
Golden & Moran Re: Dilluvio 60.00
Golden & Moran Re: Skylands 420.00
Golden & Moran Re: Lambrecht 390.00
Golden & Moran Re: Maio 510.00
Golden & Moran Re: Molaei 390.00
Golden & Moran Re: Presbyterian Church 220.00
Golden & Moran Re: Lotus Way 480.00
Golden & Moran Re: Burton 180.00
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
Mr. Golden stated that he is having some health issues and he will not be requesting reappointment for next year. He stated that he will be sending a letter.
OPEN TO THE PUBLIC:
Chairman Lippencott opened the meeting to the public at 8:30 p.m. With there being no public comment, the meeting was closed to the public.
Mr. Kochenthal made the motion to approve the executive session minutes of May 23, 2022, 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
COMMITEE LIAISON REPORT:
Ms. Chammings was in attendance and thanked Mr. Golden for his years of service and she provided the liaison update: Budget approval, small lots for sale, introduction of several ordinances (electrical upgrades and signage), sheriff department patrols, clean communities grant, tax list redemptions, and liquor license approvals. Ms. Mountford questioned the tax collection revenue. She also questioned the attendance of one of the Board Members, which was briefly discussed. The Board discussed whether there is an Ordinance (pertaining to attendance) and Mr. Haggerty stated that he can review the Code and reach out to the Board Member. Ms. Mountford also questioned the status of the Master Plan and possible ordinance recommendations. Ms. Chammings stated that the Township requested Planner RFP and the process was discussed. Ms. Schemm stated that she has reached out to the Township Engineer and they are preparing a draft hopefully for the July Planning Board meeting. The Board discussed possible topics: lake front properties, accessory buildings/structures, multiple variance requests, recommendations, small lots in certain zones, codification, tree ordinance, etc…
The Board then briefly discussed the 6/23/22 memo from the Township Clerk regarding the 947 A Old Schoolhouse Road and it was agreed that the Board no longer has any jurisdiction on this matter. Lou. Sylvester was present in the audience and he provided his comments on the issues and enforcement.
With there being no further business, a motion was made and seconded to adjourn the meeting at
9:00 p.m. In a voice vote, all were in favor.
Alfia Schemm, Board Secretary George Lippencott, Chairman
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