November 22, 2021 Regular Meeting

ZONING BOARD OF ADJUSTMENT

November 22, 2021 – Regular Meeting

A regular meeting of the Stillwater Township Zoning Board of Adjustment was held on Monday, November 22, 2021, 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, Mrs. Draghi, Mr. Sarni, Mr. Wykoff,
Ms. Mountford, and Mr. Kochenthal

MEMBERS ABSENT:     Mr. Straub and Mr. van der Haeghen

ALSO PRESENT:            Board Attorney Haggerty and Board Engineer/Planner Golden.

MINUTES:
Mrs. Draghi made the motion to approve the minutes of October 25, 2021, seconded by Mr. Sarni.  Roll call vote, in favor: Mr. Lippencott-Yes, Ms. Mountford-Yes, Mr. Wykoff-Yes, Mrs. Draghi-Yes, Mr. Kochenthal-Yes, and Mr. Sarni-Yes

COMPLETENESS:

#619   Louis Sylvester, Block 2602, Lot 8.12 – Appeal

Mr. Haggerty summarized the submitted appeal (if there is a violation related to the condition of the property and whether the activity conducted on the property is consistent with the Zoning Permit issued in 2017).  Ms. Schemm stated that she thought that in addition to the subdivision map there was another map in the file.  Mr. Golden stated that he thinks that the Soil Erosion and Sediment Control Plan was the map submitted with the Soil Conservation District Permit.  The Board discussed the jurisdictional issue pertaining to the appeal period and then the issues pertaining to the appeal.  Mr. Golden commented on his report and the appeal pertaining to the condition of the property (stumps) and the need for a narrative to address the basis of the appeal pertaining to the activity conducted on the property and whether it is consistent with the 2017 zoning permit pertaining to the clearing in the limits of the building envelope.  Mr. Haggerty stated that a legal position, in a narrative form, should be submitted to the Board.

Mr. Kochenthal made the motion to deem, the debris and stump portion of the appeal, complete.  Motion seconded by Mrs. Draghi.  Roll call vote, in favor:  Mr. Lippencott-Yes, Ms. Mountford-Yes, Mr. Wykoff-Yes, Mrs. Draghi-Yes, Mr. Kochenthal-Yes, and Mr. Sarni-Yes

Mr. Sarni made the motion to deem the tree clearing permit portion of the appeal complete, subject to receiving a narrative, supporting the position.  Motion seconded by Mr. Kochenthal.  Roll call vote, in favor: Mr. Lippencott-Yes, Ms. Mountford-Yes, Mr. Wykoff-Yes, Mrs. Draghi-Yes, Mr. Kochenthal-Yes, and Mr. Sarni-Yes

The Board then briefly discussed the enforcement of any findings.   It was noted that the appeal would be scheduled for December 27th.  Mr. Sylvester reviewed that he will need to provide a narrative pertaining to the tree removal.  Mr. Haggerty stated that the narrative is to be submitted at least 10 days prior to the meeting and Mr. Sylvester should be prepared to proceed, at the December meeting, if the Board accepts the narrative.

HEARINGS:          

#617   Graham Garber, Block 3101, Lot 40

   Graham Garber was sworn in and he provided the reasons supporting the variance relief for a pole barn, which is larger and higher than what is permitted by Ordinance.  He reviewed the setbacks and the distance to the pond.  He stated that the pole barn will be used for his own personal use.  Mr. Golden reviewed the variance relief required, which was discussed with the Applicant and Board.

Mr. Garber stated that he does not think that the building will be visually seen and it will most likely match the existing home.  Mr. Golden stated that the Board could also recommend plantings.

.  The hearing was opened to the public.

Lisa Chammings was present and she stated that she is in support of the application.

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

Mr. Wykoff made the motion to grant the variance relief as requested and discussed this evening.  Motion seconded by Mr. Sarni.  Discussion on the motion:  Mr. Haggherty reviewed the possible conditions of an approval.  Roll call vote, in favor: Mr. Lippencott-Yes, Ms. Mountford-Yes, Mr. Wykoff-Yes, Mrs. Draghi-Yes, Mr. Kochenthal-Yes, and Mr. Sarni-Yes

The Board then reviewed the timeline for the adoption of the Resolution and construction.  .

#618   First Presbyterian Church of Stillwater, Block 3202, Lots 2 & 3

Peter Henry, Esq. was present on behalf of the First Presbyterian Church of Stillwater and he stated that notice was provided and the Board has jurisdiction.

David B. Simmons was sworn in.  The Board recognized Mr. Simmons as an expert in Planning, Engineering, and Site Design.   Mr. Simmons displayed the submitted plans and he described the proposed lot line adjustment.  The following were submitted and marked as an Exhibit:

A-1   10 Photographs

Mr. Simmons reviewed and described the submitted photographs, the location of the well and the sidewalk, existing conditions, right of way dedication/road easement, the preexisting variance conditions, and the use variance for the pre-existing non-conforming uses (the existing church and home).  He stated that he feels that the variance requests are justified and there are no negative impacts to the granting of the lot line adjustment/minor subdivision and there are no substantial detriments to the public good, zone plan, or zoning ordinance.

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

Mr. Sarni thanked the Applicant for a clear and concise presentation.

Mr. Sarni made the motion to grant the relief as requested and discussed and agreed up this evening.   Motion seconded by Ms. Draghi.  Roll call vote, in favor: Mr. Lippencott-Yes, Ms. Mountford-Yes, Mr. Wykoff-Yes, Mr. Sarni-Yes, Mrs. Draghi-Yes, and Mr.  Kochenthal-Yes

 BILLS:

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

Dolan & Dolan    Re:  General                                  341.80

Dolan & Dolan    Re:  First Presbyterian Church        33.00

Dolan & Dolan    Re:  General                                  107.25

Dolan & Dolan    Re:  Garber                                    115.50

Golden                 Re:  General                                  220.00

Golden                 Re:  Condit                                    330.00

Golden                 Re:  First Presbyterian Church      495.00

Golden                 Re:  Garber                                    385.00

Morgan                Re: Escrow Reimbursement       1290.50

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

 CORRESPONDENCE:

NJ Planner

OTHER BUSINESS:

NONE

 OPEN TO THE PUBLIC:

Chairman Lippencott opened the meeting to the public at  8:50 p.m.

Mr. Sylvester thanked the Board for their consideration and he wished the Board a Happy Thanksgiving and a Merry Christmas.

With there being no further public comment, the meeting was closed to the public at 8:51 p.m.

COMMITEE LIASON REPORT:

Mayor Chammings provided a Township Committee Update:  Master Plan RFP, Rem Foreclosures,

Community Center Agreement, and the Tree Lighting on December 10th.  She thanked the Board for their hard work and she commented on possible uses for the vacant Bank and Church.  She wished the Board Members a Happy Thanksgiving.

ADJOURNMENT:

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

8:54 p.m.  In a voice vote, all were in favor.

Respectfully submitted,

_________________________________            _______________________________

Alfia Schemm, Board Secretary                                        George Lippencott, Chairman

12/21/21