March 24, 2025

STILLWATER TOWNSHIP

ZONING BOARD OF ADJUSTMENT

March 24, 2025 @ 7:00 pm

A REGULAR MEETING of the Stillwater Township Zoning Board of Adjustment was held on the above date and time. The meeting was called to order in accordance with the Open Public Meetings Act. The flag was saluted, and roll call taken:

MEMBERS PRESENT:

Mr. Lippencott, Mrs. Draghi, Mr. Wykoff, Mrs. Mountford, Mr. van der Haeghen, Mr. Kochenthal, Mr. Doolittle (7:10pm), Mr. Bessler

MEMBERS ABSENT: None

ALSO PRESENT: William Haggerty, Esq., Joe Vuich, PE, Deputy Mayor, Vera Rumsey and Committee Woman, Dawn Delaney

SWEARING IN OF BOARD MEMBERS: N/A

APPROVAL OF MINUTES: February 24, 2025

Mr. Kochenthal made the motion to approve the February 2025 minutes with a small modification, seconded by Mrs. Mountford.

Roll Call: Mr. Kochenthal – Yes, Mrs. Mountford – Yes, Mr. Lippencott – Yes, Mrs. Draghi – Yes, Mr. Wykoff – Yes, Mr. van der Haeghen – Yes, Mr. Bessler – Yes.

RESOLUTIONS: 901 Stillwater Road, LLC – There was not enough time for the Board to review the Resolution prior to the hearing. As such, it will be continued to the April hearing.

COMPLETENESS: 935 Potters Road – The Application for Appeal of the Zoning Officer’s Violation was deemed complete and the matter proceeded to the hearing.

A motion was made by Mr. Kochenthal to deem the application complete, seconded by Mrs. Draghi.

Roll Call: Mr. Kochenthal – Yes, Mrs. Draghi – Yes, Mr. Lippencott – Yes, Mr. Wykoff – Yes, Mrs. Mountford – Yes, Mr. van der Haeghen – Yes, Mr. Bessler – Yes.

HEARINGS: 935 Potters Road –

1 – Fencing Violation – Mrs. Lisa Wilbur was sworn in by Mr. Haggerty.   Mr. Haggerty advised that she should immediately take the temporary fence down as she is in violation of the Ordinance. She advised that the fence would be removed.

2 – Commercial Operation from Residential Property – Mr. Frank Taylor of 937 Potters Road was sworn in by Mr. Haggerty. He testifies that he believes Mrs. Wilbur is operating a commercial business named Urban Tree Service and that he has observed various pieces of commercial equipment being imported and exported from her property on a daily basis. He provided photographs as evidence of the equipment he described. He also provided a copy of an archived website for Urban Tree Service which was taken down approximately one week prior to the hearing.

Lisa Wilbur was sworn in and testified that the only trucks entering and leaving the property are for the construction they are doing to renovate their home. The work was being completed by Blueprint Construction.

Mrs. Wilbur testified that Urban Tree Services is no longer in operation. She owns another commercial business named Wilbur Landscape & Plowing which has been inactive since her deceased husband was diagnosed with cancer in 2021. Mrs. Wilbur provided copies of bank statements from the business confirming the only activity is money being deposited to pay a monthly truck payment. That vehicle has five more payments and once paid off, can be re-registered out of the business and into her personal name.

Brian Wilbur was sworn in. He testified that the agricultural equipment on the property has been used for clean-up of overgrown brush, stumps, etc. He works full-time for Esposito Construction. All vehicles and equipment on the property are registered personal or passenger commercial. The equipment has not left the property for commercial purposes and has only been used for personal use to transport items from two other properties that were sold in the last quarter of 2024.

Jessica Taylor of East Stroudsburg, Pennsylvania (daughter of Frank Taylor) was sworn in and testifies that she has Nest camera video footage of the commercial vehicles leaving daily. The only video she could produce was from September 2024. Mr. Haggerty advised that the only relevant videos would have been from the date of the Notice of Violation (December 2024) through the present.

Robert Isbell of 922 Potters Road was sworn in and testified that she had witnessed the equipment being moved around on the property, however she could not confirm that the vehicles and/or equipment move on and off the property daily.

A motion was made by Mr. Kochenthal and seconded by Mr. Lippencott to sustain the fence violation pending the applicant contacting the Zoning Officer and removing the temporary fence; and

Based upon the proofs submitted at the hearing there was not sufficient evidence to sustain the Zoning Officer’s Violation for operating a commercial business from the residence at 935 Potters Lane.

Roll Call: Mr. Kochenthal – Yes, Mr. Lippencott – Yes, Mrs. Draghi – Yes, Mrs. Mountford – Yes, Mr. Wykoff – Yes, Mr. van der Haeghen – Yes, Mr. Doolittle – Yes, Mr. Bessler – Yes.

BILLS:

Mrs. Mountford made the motion to pay the following bills, seconded by Mr. Wykoff.

Dolan & Dolan – General $61.25
Dolan & Dolan – General $371.00
Dolan & Dolan – Gatanas 3202/2  $402.50
Dolan & Dolan – Wilbur 3501/7  $35.00
Alternative Business Services – J. Bessler Name Plate  $13.00
Joan Secofsky – Escrow Refund  $9.75

Roll Call: Mrs. Mountford – Yes, Mr. Wykoff- Yes, Mr. Lippencott- Yes, Mrs. Draghi – Yes, Mr. van der Haeghen – Yes, Mr. Kochenthal – Yes, Mr. Doolittle – Yes, Mr. Bessler – Yes.

CORRESPONDENCE: NJPO

OLD/NEW BUSINESS: None

EXECUTIVE SESSION: None

OPEN TO THE PUBLIC: The session was opened to the public at 8:57pm. There being no public comment, the session was closed to the public.

COMMITTEE LIAISON REPORT: The Liaison report was provided by Deputy Mayor, Vera Rumsey.

The Township Budget will be approved at the April 15, 2025 meeting. The Community Center will be reviewing their rental and use forms. A moratorium has been placed on all future rentals pending said review.

ADJOURNMENT: With there being no further business, at 8:58pm a motion was made to adjourn the meeting. With a voice vote, all were in favor.

Respectfully submitted,

Penny Bair, Secretary

Zoning Board of Adjustment