Weymouth Zoning Board Minutes
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April 12, 2012
WEYMOUTH TOWNSHIP ZONING BOARD OF ADJUSTMENT:
A regular monthly meeting of the Weymouth Township Zoning Board of Adjustment was called to order on the above date by Henry Goldsmith, Chairman, at 7:30 P.M., prevailing time.
The Chairman invited all in attendance to participate in the salute to the flag of our country.
As required in Chapter 231 of the Laws of 1975, The Open Public Meetings Act or “Sunshine Law,” was read by Dominick P. Messina, Secretary.
Roll call:
Henry Goldsmith – Chairman Present
Michael A. Hogan – Vice-chairman Present
Christopher P. Egbert Present
Louw-Shiang Liu Present
Andrea Mariner Absent – Called Absent in advance.
John A. Rodgers, Jr. Present
Kenneth Tobias Present
Betsy Hoffman – Alt. #1 Present
Clint J. Whitney – Alt. #2 Absent
Also in attendance were:
Dominick P. Messina – Secretary
Frank DiDomenico, Esquire – Solicitor
Joseph E. Johnston, P.E., P.P., C.M.E. – Engineer/Planner
Minutes of the previous meeting, February 09, 2012, were approved as written on a motion by John A. Rodgers, Jr.; seconded by Michael A. Hogan. Voice vote: All-in-favor.
Communications were read and received for proper action on a motion by Louw-Shiang Liu; seconded by Kenneth Tobias. Voice vote: All-in-favor.
The Zoning Officer’s Report for the Months of January, February, and March, 2012 were received on a motion by John A. Rodgers, Jr.; seconded by Kenneth Tobias. Voice vote: all-in-favor.
Code Enforcement Officer’s Report: – None.
Vouchers submitted for payment: - None.
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Applications to be heard:
Application 03/06/12-ZBA prepared by Janet Jackson was postponed to the Thursday, May 10, 2012 meeting, without any further notification required by the Applicant.
Application 02/28/12-ZBA prepared by Michael & Beth Puggi; Re: 1103 West Riverside Drive, Mays Landing, N.J. 08330; Block 119, Lot 11.01; R-1 (CAFRA) 1.0 Acre Zone, was introduced.
The Applicant was seeking the following Bulk Variances.
- Bulk Acreage – Where 1.0 Acre is required, and .88 Acres are provided.
- Side Yard Setback – To allow for the construction of a 20’ X 30’ Two (2) story
addition (to an existing Single Family Dwelling) where a 35’ Side Yard Setback
is required, and 5.4 Feet are proposed. Also a 40’ X 24’ Two (2) story addition to
an existing garage.
- Side Yard Setback of 35’ is required, and a pre-existing 27.7’ Side Yard is
provided.
Michael Puggi was sworn in by the Board’s Solicitor, and a motion was made by Louw-Shiang Liu; seconded by Kenneth Tobias, deeming the Application complete.
The Applicant testified that:
He had not received any response to an offer to purchase an adjacent property.
He and his family do not have sufficient storage space as the existing structures do not have basements or attics.
There is no intended Commercial Use proposed on the property.
There is an environmental concern, or limitation due to the property having river front.
Following the presentation and discussion, a motion was made by Kenneth Tobias; seconded by Michael A. Hogan to approve the relief sought by the Applicant.
Roll call:
Kenneth Tobias Yes
John A. Rodgers, Jr. Yes
Louw-Shiang Liu Yes
Christopher P. Egbert Yes
Michael A. Hogan Yes
Betsy Hoffman Yes
Henry Goldsmith Yes
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Resolutions to be memorialized:
Resolution No. 2012-05, regarding Assembly Bill No. 1645 was discussed. A motion was made by Michael A. Hogan; seconded by Louw-Shiang Liu that the Zoning Board of Adjustment oppose this Bill.
Roll call:
Kenneth Tobias Yes
John A. Rodgers, Jr. Yes
Louw-Shiang Liu Yes
Christopher P. Egbert Yes
Michael A. Hogan Yes
Betsy Hoffman Yes
Henry Goldsmith Yes
A motion was made by Louw-Shiang Liu; seconded by Michael A. Hogan, that Resolution No. 2012-05 be memorialized in the form provided, and following the addition of the attendees and proper signing by the Chairman and Secretary, the Secretary will forward copies to our Senator, Assemblymen, and Assemblyman Albert Coutinho.
Roll call:
Kenneth Tobias Yes
John A. Rodgers, Jr. Yes
Louw-Shiang Liu Yes
Christopher P. Egbert Yes
Michael A. Hogan Yes
Betsy Hoffman Yes
Henry Goldsmith Yes
Old Business:
There was a discussion with regard to recommending an Ordinance change to the Township Committee regarding Pre-existing Non-Conforming Properties. If any changes are eventually recommended to the Township Committee, the Township Committee would then refer the changes to the Planning Board for review.
The Zoning Board Solicitor is to provide sample copies of such Ordinances, and the Secretary is to distribute them to the Zoning Board members prior to the May 10, 2012 meeting.
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New Business:
The Chairman signed the 2012 N.J.P.O. Membership Cards and they were distributed to the members present.
Planning/Zoning:
The Secretary informed the members that the Planning Board has resumed activity regarding Weymouth Township’s participation in a Sustainable New Jersey. The Planning Board presently has four volunteers for this activity, and if anyone from the Zoning Board would be interested in volunteering they should contact Eileen B. Miller – Planning Board Chairman.
Environmental Commission:
Michael A. Hogan reported that the March 10, 2012 Seminar was a success, and very well attended.
On Earth Day, April 22, 2012, a cleanup is scheduled for the peninsula between Belcoville and River Road.
A Canoe trip, that was scheduled for June has now been rescheduled for Saturday, May 12, 2012.
A motion was made by John A. Rodgers, Jr.; seconded by Michael A. Hogan that the meeting be opened to the Public. Voice vote: All-in-favor.
There being only one individual from the Public in attendance, who did not desire to address the Board, a motion was made by Louw-Shiang Liu; seconded by Kenneth Tobias, that the meeting be closed to the Public. Voice vote: All-in-favor.
A motion for adjournment was made by Kenneth Tobias; seconded by Michael A. Hogan, at 8:32 P.M., prevailing time. Voice vote: All-in-favor
Respectfully submitted,
Dominick P. Messina, Secretary
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February 09, 2012
Weymouth Township Zoning Board of Adjustment:
A regular monthly meeting of the Weymouth Township Zoning Board of Adjustment was called to order on the above date by Michael A. Hogan, Vice-chairman, at 7:30 P.M., prevailing time.
The Vice-chairman invited all in attendance to participate in the salute to the flag of our country.
As required in Chapter 231 of the Laws of 1975, The Open Public Meetings Act, or “Sunshine Law,” was read by Dominick P. Messina, Secretary.
Prior to roll call, the Secretary introduced newly appointed Board Member, Clint J. Whitney. Mr. Whitney was appointed as Alternate #2.
Roll call:
Henry Goldsmith – Chairman Absent – Called Absent in advance.
Michael A. Hogan – Vice-chairman Present
Christopher P. Egbert Absent – Called Absent in advance.
Louw-Shiang Liu Present
Andrea Mariner Present
John A. Rodger, Jr. Present
Kenneth Tobias Absent
Betsy Hoffman – Alt #1 Absent – Called Absent in advance.
Clint J. Whitney – Alt. #2 Present
Also in attendance were:
Dominick P. Messina – Secretary.
Joseph E. Johnston, P.E., P.P., C.M.E. – Engineer/Planner.
Note: Frank DiDomenico, Esquire – Solicitor was excused.
Minutes of the previous meeting, Thursday, January 12, 2012, were approved as written on a motion by John A. Rodgers, Jr.; seconded by Louw-Shiang Liu. Voice vote: All-in-favor.
Zoning Officer’s Report for the Month of January 2012 – None.
Code Enforcement Officer’s Report – None.
Vouchers submitted for payment – None.
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Applications to be heard – None.
Resolution 2012-05 regarding Senate Bill No. S-2950, which allows modification to land use approvals because of changed economics, was discussed. This Senate Bill has since been re-introduced by Albert Coutinho as Assembly Bill A-1645.
A decision as to the adoption of the Resolution was tabled until the March 08, 2012 meeting.
Old Business:
The Secretary informed the Board that he had written a letter to Sharon Van Duyne, thanking her for her services to this Board and to Weymouth Township.
New Business:
The Vice-chairman and the Secretary signed the 2012 Engineer/Planner Contracts for Remington, Vernick, & Walberg, Engineers. A signed copy was given to Joseph E. Johnston.
Discussion regarding a potential change to our Ordinances that could effect Variance requirements for pre-existing non-conforming properties was tabled until the April 12, 2012 Zoning Board meeting.
Planning/Zoning:
The Secretary announced that the Clustering Ordinance prepared for the Planning Board had been introduced, and the Township Committee has scheduled a Public Hearing on Wednesday, April 04, 2012. At this meeting, Jay Laubengeyer, who authored the Ordinance will be present to answer any questions.
Environmental Commission:
Michael A. Hogan reported that an Earth Day cleanup of the Belcoville Peninsula is scheduled for April 22, 2012.
Mr. Hogan also reported that a Spring Seminar on tree care and landscaping is scheduled to be given by Mr. Ned Gaine on March 10, 2012. Michael A. Hogan will present a slide show or rare and unusual flowers.
Mr. Hogan reported that a Bird Watching and Identification walk is to take place in May of 2012. Date to be announced.
Announcements: None.
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A motion was made by Andrea Mariner; seconded by John A Rodgers, Jr. that the meeting be opened to the public. Voice vote: All-in-favor.
No one from the public asked to speak.
A motion was made by Andrea Mariner; seconded by John A. Rodgers, Jr. that the meeting be closed to the public. Voice vote: All-in-favor.
A motion for adjournment was made by Andrea Mariner; seconded by Louw-Shiang Liu.
At 7:55 P.M., prevailing time. Voice vote: All-in-favor.
Respectfully submitted,
Dominick P. Messina, Sec’y.
Thursday, November 10, 2011
WEYMOUTH TOWNSHIP ZONING BOARD OF ADJUSTMENT:
A regular monthly meeting of the Weymouth Township Zoning Board of Adjustment was called to order on the above date by Sharon Van Duyne, Chairperson, at 7:32 P.M., prevailing time.
The Chairperson invited all in attendance to participate in the salute to the flag of our country.
As required in Chapter 231 of the Laws of 1975, The Open Public Meetings Act, or “Sunshine Law,” was read by Dominick P. Messina, Secretary.
Roll call:
Sharon Van Duyne – Chairperson Present
Henry Goldsmith – Vice-chairamn Absent – Called Absent in advance.
Michael A. Hogan Present
Louw-Shiang Liu Absent – Called Absent in advance.
Andrea Mariner Present
John A. Rodgers, Jr. Present
Kenneth Tobias Present
Christopher P. Egbert – Alt. #1 Absent
Betsy Hoffman – Alt. #2 Absent – Called Absent in advance.
Also in attendance were:
Dominick P. Messina – Secretary.
Frank DiDomenico, Esquire – Solicitor – Excused.
Joseph E. Johnston, P.E., P.P., C.M.E. – Engineer/Planner – Excused.
Minutes of the previous meeting, Thursday, October 13, 2011, were approved as written on a motion by Andrea Mariner; seconded by Michael A. Hogan. Voice vote: All-in-favor.
Communications/Correspondence – None.
The Zoning Officer’s Report for the Month of October, 2011 was received on a motion by Kenneth Tobias; seconded by Michael A. Hogan. Voice vote: All-in-favor.
Code Enforcement Officer’s Report – None.
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A Voucher, in the amount of $180.00, submitted by Frank Di Domenico, Esquire, was approved for payment on a motion by John A. Rodgers, Jr.; seconded by Andrea Mariner. Voice vote: All-in-favor.
Applications to be heard: - None.
Resolution #09/13/11-ZBA regarding the Application of Mitchell Perger, was approved for memorialization on a motion by Andrea Mariner; seconded by Michael A. Hogan.
Roll call:
Kenneth Tobias Yes
John A. Rodgers, Jr. Yes
Andrea Mariner Yes
Michael A. Hogan Yes
Sharon Van Duyne Yes
Old Business: None.
New Business:
Michael A. Hogan reported that the Pinelands New By-Ways Committee will meet in the Weymouth Township Municipal Building on November 30, 2011. The Public is invited.
Michael A. Hogan announced that the next Pinelands Municipal Council meeting will be hosted by Shamong Township on November 29, 2011.
Planning Bd./Zoning Bd.:
The Secretary announced that training sessions for those Planning Board and Zoning Board members who have NOT completed the required mandatory training will be offered during the N.J. State League of Municipalities Convention in Atlantic City. Please check the N.J. Planner for dates and time.
The Secretary announced the availability of an updated Membership Roster which includes E-mail addresses. If any member does NOT want their E-mail address included in this Roster, please notify the Secretary.
The Secretary announced that a Clustering Ordinance (including Density Bonuses) is being developed by the Planning Board, with the assistance of Jay Laubengeyer, P.P./AICP. This Ordinance is based upon the “Model Ordinance” provided by the N.J. Pinelands Commission, but is being redesigned to fit Weymouth Township. This activity is projected to be finalized by January 2012.
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The Secretary reported that Dr. George Zimmerman gave a talk before the Planning Board regarding Forestry Preservation, and how it could compliment the proposed Clustering Ordinance, along with being beneficial to Weymouth Township. Highlights were:
- Whether the forested property would be Township or privately owned.
- Eliminating or minimizing fire hazards.
- Control of the Pine Beetle.
- The imposition and enforcement of maintenance standards.
Environmental Commission:
Michael A. Hogan reported that the tree work scheduled for the trees located in the Municipal Playground had been completed.
A motion was made by John A. Rodgers, Jr.; seconded by Kenneth Tobias, that the meeting be opened to the Public. Voice vote: All-in-favor.
No one from the Public desired to speak.
A motion was made by John A. Rodgers, Jr.; seconded by Andrea Mariner, that the meeting be closed to the Public. Voice vote: All-in-favor.
A motion for adjournment was made by Andrea Mariner; seconded by John A. Rodgers, Jr., at 8:00 P.M., prevailing time. Voice vote: All-in-favor.
Respectfully submitted,
Dominick P. Messina, Sec’y.
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Thursday, October 13, 2011
WEYMOUTH TOWNSHIP ZONING BOARD OF ADJUSTMENT:
A regular monthly meeting of the Weymouth Township Zoning Board of Adjustment was called to order on the above date by Sharon Van Duyne, Chairperson, at 7:32 P.M., prevailing time.
The chairperson invited all in attendance to participate in the salute to the flag of our country.
As required in Chapter 231 of the Laws of 1975, The Open Public Meetings Act, or “Sunshine Law,” was read by Dominick P. Messina, Secretary.
Roll call:
Sharon Van Duyne – Chairperson Present
Henry Goldsmith – Vice-chairman Present
Michael A. Hogan Present
Louw-Shiang Liu Present
Andrea Mariner Present
John A. Rodgers, Jr. Present
Kenneth Tobias Present
Christopher P. Egbert – Alt. #1 Present
Betsy Hoffman – Alt. #2 Present
Also in attendance were:
Dominick P. Messina – Secretary
Frank DiDomenico, Esquire – Solicitor
Joseph E. Johnston, P.E., P.P., C.M.E. – Engineer/Planner
Note: John A. Rodgers, Jr. cannot attend the December 2011 meeting.
Henry Goldsmith cannot attend the November 2011 meeting.
Minutes of the previous meeting, Thursday, September 08, 2011, were approved as written, on a motion by John A. Rodgers, Jr.; seconded by Henry Goldsmith. Voice vote: All-in-favor
The Chairperson suspended the regular order of business, to allow the pending Applications to be heard.
Page 1 of 5
Application 08/23/11-ZBA, prepared by Gary L. and Paula Lechner, #1302 9th. Avenue, Dorothy, N.J. 08317, was introduced. The Application was regarding Block 18.01, Lot 27, located in a PVC 5.0 Acre Zone. The Applicants were seeking Variances for an addition to an existing Single Family Dwelling, where:
5.0 Acres are required and 3.0 Acres are provided.
100’ Front Yard Setback is required, for a Front Porch which is to be replaced, and 48.2’ Front Yard Setback is proposed.
Mr. & Mrs. Lechner were sworn in by the Board’s Solicitor, who then deemed the Application INCOMPLETE due to the following deficiencies:
The Public Notice published in the newspaper did not provide adequate data and information as to what the Lechners were actually seeking, and why.
The Notice to Property Owners within 200’ in the list provided by Estell Manor City were not all notified. the Public Utilities and Commissions listed were not notified. There was some question as what defined highlighting of certain Public Agencies to be notified. A letter from Estell Manor’s Tax Collector might help define the intent of that term, however, the Notice that were sent to residents within 200’ in Estell Manor also failed to contain adequate data and information.
The Lechners were instructed to re-notify all concerned for the November, 2011meeting and to include in their plans the dimension of the existing dwelling and to exclude all irrelevant data or information.
Application 09/13/11-ZBA, prepared by Mitchell Perger, #26 Jamestown Circle, Mays Landing, N.J. 08330, was introduced. The Application was regarding #1201 West Riverside Drive, (Belcoville), Mays Landing, N.J. 08330, also known as Block 119, Lot(s) 21 and 21.01, located in an R-1 (CAFRA) 1.0 Acre Zone. The Applicant was seeking Bulk Variances for Pre-existing Non-conforming Lot(s) of Record for additions to an existing Single Family Dwelling, in addition to a garage.
The Bulk Variances sought were:
200’ Lot Width required where 150’ are provided.
50’ Rear Yard Setback is required and 17’8” are proposed.
35’ Side Yard Setback is required and 12’ are proposed.
The Applicant was sworn in by The Board’s Solicitor, and the Application was deemed complete on a motion by Henry Goldsmith; seconded by Kenneth Tobias. Voice vote: All-in-favor.
Following the presentation, a motion was made by John A. Rodgers Jr.; seconded by Andrea Mariner that the Public Hearing be opened to the Public. Voice vote: All-in-favor.
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Mr. Frank C. Craig, #1317 West Riverside Drive, (Belcoville) Mays Landing, N.J. 08330, was sworn in by the Solicitor. Mr. Craig questioned the location of Mr. Perger’s water well relation to the water well of the adjoining property located on the South East side of the Mr. Perger’s property.
A motion was made by Henry Goldsmith; seconded by Andrea Mariner to close the Public Hearing to the Public. Voice vote: All-in-favor.
A motion was made by Henry Goldsmith; seconded by Michael A. Hogan that the relief sought by the Applicant be approved.
Roll call:
Kenneth Tobias Yes
John A. Rodgers, Jr. Yes
Andrea Mariner Yes
Louw-Shiang Liu Yes
Michael A. Hogan Yes
Henry Goldsmith Yes
Sharon Van Duyne Yes
Communication and correspondence were read, and received for proper action on a motion by John A. Rodgers, Jr.; seconded by Henry Goldsmith. Voice vote: All-in-favor.
A motion was made by John A. Rodgers, Jr.; seconded by Kenneth Tobias, that the Weymouth Township Zoning Board of Adjustment renew membership to the New Jersey Planning Officials (N.J.P.O.) for the Year 2012. Voice vote: All-in-favor.
Two Amendments to the By-Laws of the New Jersey Planning Officials were proposed.
A motion was made Michael A. Hogan; seconded by Andrea Mariner, that the N.J.P.O. be allowed to create a Student Membership Category, or “F” Class Membership. Voice vote: All-in-favor.
Although the members of the Zoning Board of Adjustment had no objection to the digital feature being offered, a motion was made by Henry Goldsmith; seconded by Andrea Mariner that the Weymouth Township Zoning Board would NOT enroll to have ALL invoices, correspondence, and copies of The Planner to be delivered in digital form.
The Zoning Officer’s Report for the Month of September, 2011 was received on a motion by Kenneth Tobias; seconded by Michael A. Hogan. Voice vote: All-in-favor.
Cone Enforcement Officer’s Report – None.
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A Voucher, in the amount of $100.00, submitted by Frank DiDomenico, Esquire, was approved for payment on a motion by Andrea Mariner; seconded by Henry Goldsmith. Voice vote: All-in-favor.
Resolution #2011-03, regarding the adoption of the revised By-Laws for the Weymouth Township Zoning Board of Adjustment was approved on a motion by Henry Goldsmith; seconded by Andrea Mariner.
Roll call:
Kenneth Tobias Yes
John A. Rodgers, Jr. Yes
Andrea Mariner Yes
Henry Goldsmith Yes
Sharon Van Duyne Yes
Old Business:
The Chairperson discussed a letter regarding recommended changes that were included in a Model Clustering Ordinance prepared and presented by members of the Pinelands Commission. The Secretary reported on the activity presently in progress by the Weymouth Township Planning Board, Jay Laubengeyer, and the Staff from the Pinelands Commission in creating a Weymouth Township Ordinance with regard to Clustering (including Density Bonuses), Wetlands Management, and Forestry.
Reviews sessions for progress on the above Ordinance are scheduled for Wednesday, November 9, 2011, with possible final approval on Wednesday, December 14, 2011.
Following the Wednesday, October 12, 2011 Planning Board meeting, the Secretary was instructed to write a letter to the Weymouth Township Committee with regard to the Recommendation of implementing a minimum $500.00 Special Meeting Fee.
Following a discussion at the September and October, 2011 meetings, and the evaluation of information obtained from Six surrounding Municipalities, the Planning Board voted NOT to Recommend changing the Public Hearing Fee to the Township Committee.
New Business: None.
Planning Board:
The Secretary announced that the Firm of Youngblood, Lafferty, and Sampoli, P.A., was hired to serve as Solicitor for the Planning Board for the remainder of 2011.
Page 4 of 5
Environmental Commission:
Michael A. Hogan reported that the tree trimming project in the Municipal Playground is still scheduled . Also, cleanup of 40 Wire Road is ongoing.
Announcements:
The Secretary reported that Mr. William Dressel, from the N.J. State League of Municipalities was the guest speaker at the September Atlantic County Mayor’s Association meeting, hosted in Weymouth Township. Mr. Dressel spoke about legislation that could cause Wind Generators or Wind Turbines to be a “permitted use.” Presently the areas targeted are Counties such as Cumberland, Gloucester, and Salem, where large Farmland Preservation tracts of land are prevalent.
A motion was made by Andrea Mariner; seconded by Louw-Shiang Liu, that the meeting be opened to the public. Voice vote: All-in-favor.
No one from the public desired to speak.
A motion was made by Henry Goldsmith; seconded by Kenneth Tobias that the meeting be closed to the public. Voice vote: All-in-favor.
A motion for adjournment was made by Andrea Mariner; seconded by Henry Goldsmith, at 8:55 P.M., prevailing time.
Respectfully submitted,
Dominick P. Messina, Sec’y.
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Thursday, August 11, 2011
WEYMOUTH TOWNSHIP ZONING BOARD OF ADJUSTMENT:
A regular monthly meeting of the Weymouth Township Zoning Board of Adjustment was called to order on the above date by Sharon Van Duyne, Chairperson, at 7:35 P.M., prevailing time.
The Chairperson invited all in attendance to participate in the salute to the flag of our country.
As required in Chapter 231 of the Laws of 1975, The Open Public Meetings Act or "Sunshine Law," was read by Dominick P. Messina, Secretary.
Roll call:
Sharon Van Duyne- Chairperson Present
Henry Goldsmith – Vice-chairman Present
Michael A. Hogan Absent – Called Absent in advance.
Louw-Shaing Liu Present
Andrea Mariner Absent – Called Absent in advance.
John A Rodgers, Jr. Present
Kenneth Tobias Absent – Called Absent in advance.
Christopher P. Egbert – Alt. #1 Present
Betsy Hoffman – Alt. #2 Present
Also in attendance were:
Dominick P. Messina – Secretary
Frank DiDomenico, Esquire – Solicitor
Note: Joseph E. Johnston, P.E., P.P., C.M.E., - Engineer/Planner, was excused from this meeting.
Minutes of the previous meeting, Thursday, June 09, 2011, were approved as written on a motion by John A. Rodgers, Jr.; seconded by Louw-Shiang Liu. Voice vote: All-in-favor
Communications and Correspondence was distributed and received for proper action on a motion by Henry Goldsmith; seconded by Christopher P. Egbert. Voice vote: All-in-favor.
The Zoning Officer's Reports for the Months of June and July, 2011 were received on a motion by John A. Rodgers, Jr.; seconded by Henry Goldsmith. Voice vote: All-in-favor.
Page 1 of 3
The Code Enforcement Officer's Reports for the Months of June and July , 2011 were received on a motion by Henry Goldsmith; seconded by John A. Rodgers, Jr.. Voice vote: All-in-favor.
Vouchers submitted for payment – None.
Applications to be heard – None.
Resolutions to be memorialized – None.
Old Business:
A "Draft" copy of the By-laws for the Weymouth Township Zoning Board of Adjustment was again reviewed for additions, corrections, clarification, and deletions. It appears that all the necessary editorial changes have been identified, and the final version should be approved at the September Meeting.
New Business:
The Secretary was instructed to write a letter to the Weymouth Township Planning Board, recommending the implementation of a Special Meeting Fee, with a $ 500.00 minimum being recommended.
The Secretary was also instructed to write a letter the Weymouth Township Planning Board recommending that Section 155-18 – Fees; H. Public Hearing; Be changed to read as follows: For those development applications which require public notice or hearing pursuant to 155-9D: $ 250.00, Except, for those applications pursuant to N.J.S.A. 40:55D70a. (The $100.00 Appeal Fee, found in Sub-section F.1.(b), of Section #155-18, will still apply).
Planning Board:
The Secretary announced that the Resolution regarding the adoption of the 2011 Master Plan was memorialized.
A motion to open the meeting to the public was made by Henry Goldsmith; seconded by Louw-Shiang Liu. Voice vote: All-in-favor.
No one from the public desired to speak.
A motion was made by Henry Goldsmith; seconded by Louw-Shiang Liu to close the meeting to the public. Voice vote: All-in-favor.
Page 2 of 3
A motion was made by Henry Goldsmith; seconded by Christopher P. Egbert, at 8:31 P.M., prevailing time, that the meeting be adjourned. Voice vote: All-in-favor.
Respectfully submitted,
Dominick P. Messina, Sec'y
Page 3 of 3
Thursday, June 09, 2011
WEYMOUTH TOWNSHIP ZONING BOARD OF ADJUSTMENT:
A regular monthly meeting of the Weymouth Township Zoning Board of Adjustment was called to order on the above date by Sharon Van Duyne, Chairperson, at 7:36 P.M., prevailing time.
The Chairperson invited all in attendance to participate in the salute to the flag of our country.
As required in Chapter 231 of the Laws of 1975, The Open Public Meetings Act or "Sunshine Law," was read by Dominick P. Messina, Secretary.
Roll call:
Sharon Van Duyne – Chairperson Present
Henry Goldsmith – Vice-chairman Absent – Called Absent in advance.
Michael A. Hogan Present
Louw-Shiang Liu Absent – Called Absent in advance.
Andrea Mariner Absent – Called Absent in advance.
John A. Rodgers, Jr. Present
Kenneth Tobias Present
Christopher P. Egbert – Alt. #1 Absent – Called Absent in advance.
Betsy Hoffman – Alt. #2 Absent
Also in attendance were:
Dominick P. Messina – Secretary
Frank DiDomenico, Esquire – Solicitor
Note: Joseph E. Johnston, P.E., P.P., C.M.E. – Engineer/Planner was excused from attending this meeting.
Minutes of the previous meeting, Thursday, May 12, 2011, were approved as written on a motion by Kenneth Tobias; seconded by Michael A. Hogan. Voice vote: All-in-favor except for Michael A. Hogan, who abstained from voting.
Communications and Correspondence was read and received for proper action on a motion by Kenneth Tobias; seconded by Michael A. Hogan. Voice vote: All-in-favor.
The Zoning Officer's Report for the Month of May, 2011 was received on a motion by Kenneth Tobias; seconded by Michael A. Hogan. Voice vote: All-in-favor.
Page 1 of 3
Code Enforcement Officer's Report – None.
A Voucher, in the amount of $270.00, submitted by Frank DiDomenico, Esquire, was approved for payment on a motion by John A. Rodgers, Jr.; seconded by Kenneth Tobias. Voice vote: All-in-favor.
Application to be heard – None.
Resolution #01/18/11-ZBA, regarding the Application of David M. & Shiana L. DeRosa, was approved for memorialization on a motion by John A. Rodgers, Jr.; seconded by Kenneth Tobias.
Roll call:
Kenneth Tobias Yes
John A. Rodgers, Jr. Yes
Michael A. Hogan Abstaining
Sharon Van Duyne Yes
Resolution 11/23/10-ZBA, regarding the Application of Christopher P. and Tammarra M. Egbert, was approved for memorialization on a motion by John A. Rodgers, Jr.; seconded by Kenneth Tobias.
Roll call:
Kenneth Tobias Yes
John A. Rodgers, Jr. Yes
Michael A. Hogan Abstaining
Sharon Van Duyne Yes
The review and updating of the By-Laws for the Zoning Board of Adjustment was continued. Draft copies of the proposed updated document will be prepared, and made available to each Zoning Board member by the Secretary before final adoption.
The Chairperson announced that the Planning Board had completed its review and update to the Weymouth Township Master Plan. The complete document is on disk and available to members of the public, at no cost, through the Weymouth Township Clerk.
A Public Hearing, prior to final adoption, has been advertised for Wednesday, July 13, 2011.
Michael A. Hogan announced that the cleanup of Walkers Forge Road continues. Also, Weymouth Township will host the July meeting of The Pinelands Municipal Council.
The exact date of the meeting will be on the Weymouth Township web site.
Page 2 of 3
There being no one from the public in attendance, the meeting was not opened to the public.
A motion for adjournment was made by John A. Rodgers, Jr.; seconded by Kenneth Tobias, at 8:22 P.M., prevailing time. Voice vote: All-in-favor.
Respectfully submitted,
Dominick P. Messina, Secretary
Thursday, May 12, 2011
WEYMOUTH TOWNSHIP ZONING BOARD OF ADJUSTMENT:
A regular monthly meeting of the Weymouth Township Zoning Board of Adjustment was called to order on the above date by Sharon Van Duyne, Chairperson, at 7:34 P.M., prevailing time.
The Chairperson invited all in attendance to participate in the salute to the flag of our country.
As required in Chapter 231 of the Laws of 1975, The Open Public Meeting Act, or "Sunshine Law," was read by Dominick P. Messina, Secretary.
Roll call:
Sharon Van Duyne – Chairperson Present
Henry Goldsmith – Vice-chairman Absent – Called Absent in advance.
Michael A. Hogan Absent – Called Absent in advance.
Louw-Shiang Liu Present
Andrea Mariner Present
John A. Rodgers, Jr. Present
Kenneth Tobias Present
Christopher P. Egbert – Alt. #1 Present
Betsy Hoffman – Alt. #2 Present
Also in attendance were:
Dominick P. Messina – Secretary
Frank DiDomenico, Esquire – Solicitor
Joseph E. Johnston, P.E., P.P., C.M.E. – Engineer/Planner
Prior to continuing with the regular order of business, the Secretary presented Ms. Betsy Hoffman with a Certificate from the Department of Community Affair for having satisfactorily completed the required training for Planning and Zoning members.
Minutes of the previous meeting, Thursday April 14, 2011, were approved as written, on a motion by John A. Rodgers, Jr.; seconded by Andrea Mariner. Voice vote: All-in-favor.
Communication were read, and received for proper action on a motion by Andrea Mariner; seconded by Kenneth Tobias. Voice vote: All-in-favor.
The Zoning Officer's Report for the Month of April, 2011, was received on a motion by Kenneth Tobias; seconded by Louw-Shiang Liu. Voice vote: All-in-favor.
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The Code Enforcement Officer's Report, which was submitted in the form of a Summary of Open Complaints, was received on a motion by John A. Rodgers, Jr.; seconded by Louw-Shiang Liu. Voice vote: All-in-favor.
Vouchers submitted for payment – None.
Application 01/18/11-ZBA, prepared and submitted by David M. and Shiana L. DeRosa,
#1212 10th Avenue, Dorothy, New Jersey 08317, was introduced. The Application was deemed complete by the Board's Solicitor, who also swore in Mr. DeRosa. The Applicants were seeking Bulk and Use Variances so as to allow the construction of a 30' X 40' Pole Barn on Lot 18 of Block 33, which is located in a PVR 5.0 Acre Zone.
The Bulk Variance was necessary because the Applicants proposed a 10' Side Yard Setback, where a 50' Side Yard Setback is required.
The Use Variance was necessary because the proposed Pole Barn is 1,200 Square Feet, causing it to be defined as a Principle Structure if over 500 Square Feet. A principle structure already exists on the subject Lot.
Following the introduction and questioning by the Board, a motion was made by Andrea Mariner; seconded by Kenneth Tobias to open the meeting to the public. Voice vote: All-in-favor.
There being no one in the public desiring to speak regarding the Application, a motion was made by Louw-Shiang Liu; seconded by Christopher P. Egbert, that the Meeting be closed to the public. Voice vote: All-in-favor.
A motion was made by Andrea Mariner; seconded by Kenneth Tobias that the relief sought by the Applicant be "Granted."
Roll call:
Kenneth Tobias Yes
John A. Rodgers, Jr. Yes
Andrea Mariner Yes
Louw-Shiang Liu Yes
Christopher P. Egbert Yes
Betsy Hoffman Yes
Sharon Van Duyne Yes
Prior to the introduction of the following Application, Mr. Christopher P. Egbert (Applicant) and Ms. Betsy Hoffman (Property Owner within 200') excused themselves as Zoning Board Members, and joined the public.
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Application 11/23/10-ZBA, prepared and submitted by Christopher P. and Tammarra M. Egbert, #1124 10th Avenue, Dorothy, New Jersey 08317, was introduced. The Application was deemed complete by the Board's Solicitor, who also swore in Mr. Egbert. The Applicants were seeking Bulk and Use Variances so as to allow the construction of a 30' X 40' Pole Barn on Lot 13 of Block 34, which is located in a PVR 5.0 Acre Zone.
The Bulk Variance was necessary because the location of the structure would result in a Front Yard Encroachment.
The Use Variance was necessary because the structure being 1,200 Square Feet causes it to be defined as a Principle Structure if over 500 Square Feet. A Principle Structure already exists on the subject Lot.
Following the introduction and questioning by the Board, a motion was made Andrea Mariner; seconded by Louw-Shiang Liu that the meeting be opened to the public. Voice vote: All-in-favor.
There being no one in the public desiring to speak regarding the Application, a motion was made by Andrea Mariner; seconded by Kenneth Tobias to close the meeting to the public. Voice vote: All-in-favor.
A motion was made by Louw-Shiang Liu; seconded by Andrea Mariner that the relief sought by the Applicant be "Granted."
Roll call:
Kenneth Tobias Yes
John A. Rodgers, Jr. Yes
Andrea Mariner Yes
Louw-Shiang Liu Yes
Sharon Van Duyne Yes
This Application having been concluded, Mr. Christopher P. Egbert and Ms. Betsy Hoffman resumed their positions as members of the Zoning Board.
Resolutions to be memorialized – None.
Old Business – The review of the By-Laws for the Zoning Board of Adjustment was continued to the June, 2011 meeting.
Planning Board – Sharon Van Duyne reported on the Master Plan Review workshop which attended on Wednesday May 11, 2011.
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Environmental Commission – The Secretary reported that the Trees located in the Dorothy playground area are being assessed for cutting and/or branch trimming as necessary.
Announcements – Andrea Mariner reminded the Board members of the Community Yard Sale scheduled to take place in Belcoville on Saturday, May 14, 2011.
A motion was made by Andrea Mariner; seconded by Kenneth Tobias, that the meeting be opened to the public. Voice vote: All-in-favor.
There being no one in the public wishing to address the Board, a motion was made by Andrea Mariner; seconded by Christopher P. Egbert that the meeting be closed to the public. Voice vote: All-in-favor.
A motion was made by Andrea Mariner; seconded by Louw-Shiang Liu that the meeting be adjourned, at 8:15 P.M.. Voice vote: All-in-favor.
Respectfully submitted,
Dominick P. Messina, Secretary
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Thursday, April 14, 2011
WEYMOUTH TOWNSHIP ZONING BOARD OF ADJUSTMENT:
A regular monthly meeting of the Weymouth Township Zoning Board of Adjustment was called to order on the above date by Sharon Van Duyne, Chairperson, at 7:35 P.M., prevailing time.
The Chairperson invited all in attendance to participate in the salute to the flag of our country.
As required in Chapter 231 of the Laws of 1975, the Open Public Meetings Act or "Sunshine Law," was reads by Dominick P. Messina, Secretary.
Roll call:
Sharon Van Duyne – Chairperson Present
Henry Goldsmith – Vice-chairperson Present
Michael A. Hogan Present
Louw-Shiang Liu Present
Andrea Mariner Present
Jon A. Rodgers, Jr. Present
Kenneth Tobias Present
Christopher P. Egbert – Alt. #1 Present
Betsy Hoffman – Alt. #2 Present
Note: Mr. Henry Goldsmith informed the Secretary that he would not available for the Thursday, May 12, 2011 meeting.
Also in attendance were:
Dominick P. Messina – Secretary
Frank DiDomenico, Esquire – Solicitor
Joseph E. Johnston, P.E., P.P., C.M.E. – Engineer/Planner
Minutes of the previous meeting, Thursday, March 10, 2011, were approved as written, on a motion by Henry Goldsmith; seconded by Louw-Shiang Liu. Voice vote: All-in-favor.
Communications were read, and received for proper action on a motion by John A. Rodgers, Jr.; seconded by Michael A. Hogan. Voice vote: All-in-favor.
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The Zoning Officer's Report for the Month of March 2011 was received on a motion by Henry Goldsmith; seconded by Andrea Mariner. Voice vote: All-in-favor.
The Code Enforcement Officer's Report, in a running summary form, was received on a motion by Kenneth Tobias; seconded by Louw-Shiang Liu. Voice vote: All-in-favor.
Vouchers submitted for payment – None.
Application No. 11/23/10-ZBA, prepared by Christopher P. and Tammarra M. Egbert was continued to the Thursday, May 12, 2011 meeting, as the required Certified Mail Receipts were accidentally destroyed. Mr. Egbert was instructed, that he must again re-notify, by Register Mail, or Hand Delivery, those individuals in Weymouth Township and Estell Manor City, that reside within 200' of his property. Re-advertisement in the newspaper will NOT be required.
The Chairperson reported that the Planning Board addressed the Conservation and Open Space Elements of the Master Plan. The Historical Element was briefly discussed.
The Chairperson reported that a meeting of the "Green Team" will take place on Tuesday, April 26, 2011, at 7:00 P.M..
The Chairperson reported that she attended a meeting of the Atlantic County Association of Township Officials, where Mr. James Schroeder, Freeholder, spoke regarding N.J.E.A..
Michael A. Hogan reported that the Environmental Commission continued with a cleanup of Walkers Forge Road.
Michael A. Hogan reported that Mr. Hunninghake, from the Pinelands Preservation Alliance is scheduled to speak on Sustainable New Jersey on Wednesday May 4, 2011. The location has not been established.
A motion was made by Andrea Mariner; seconded by Henry Goldsmith to open the meeting to the public. Voice vote: All-in-favor
No one from the public asked to speak.
A motion was made by Andrea Mariner; seconded by Henry Goldsmith to close the meeting to the public. Voice vote: All-in-favor.
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With most of the regular order of business being concluded, the Board resumed Old Business by continuing the review of the By-Laws. Section 5.0 was reviewed in its entirety. The review of the remaining By-Law Sections should be concluded at the May meeting.
A motion for adjournment was made by Andrea Mariner; seconded by Henry Goldsmith, at 8:35 P.M., prevailing time. Voice vote: All-in-favor.
Respectfully submitted,
Dominick P. Messina, Secretary
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Thursday, March 10, 2011
WEYMOUTH TOWNSHIP ZONING BOARD OF ADJUSTMENT:
A regular monthly meeting of the Weymouth Township Zoning Board of Adjustment was called to order on the above date by Sharon Van Duyne, Chairperson, at 7:35 P.M., prevailing time.
The Chairperson invited all in attendance to participate in the salute to the flag of our country.
As required in Chapter 231 of Laws of 1975, The Open Public Meetings Act or “Sunshine Law,” was read by Dominick P. Messina, Secretary.
Roll call:
Sharon Van Duyne – Chairperson Present
Henry Goldsmith – Vice-chairman Present
Michael A. Hogan Absent – Called Absent in advance.
Louw-Shaing Liu Absent – Called Absent in advance
Andrea Mariner Absent – Called Absent in advance.
John A. Rodgers, Jr. Present
Kenneth Tobias Present
Christopher P. Egbert – Alt. #1 Present
Betsy Hoffman – Alt. #2 Present
Also in attendance were:
Dominick P. Messina – Secretary
Frank DiDomenico, Esquire – Solicitor
Joseph E. Johnston, P.E., P.P., C.M.E. – Engineer/Planner
Minutes of the previous meeting, Thursday, February 10, 2011, were approved as written on a motion by John a. Rodger, Jr.; seconded by Kenneth Tobias. Voice vote: All-in-favor, with the following amendment. Old Business – sentence #2 – should read, “This letter was in response to a letter the Secretary was instructed to write to the Township Committee for the purpose of establishing more timely communications with the Zoning Officer, and” ……… Henry Goldsmith - Abstaining.
Communications were read, and received for proper action on a motion by Kenneth Tobias; seconded by John A. Rodgers, Jr.. Voice vote: All-in-favor.
The Zoning Officer’s Report was received on a motion by Kenneth Tobias; seconded by Henry Goldsmith. Voice vote: All-in-favor.
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The Code Enforcement Officer’s Report, which was made available in summary form, was received on a motion by Kenneth Tobias; seconded by Henry Goldsmith. Voice vote: All-in-favor.
Vouchers submitted for payment – None.
Applications to be heard – None.
Note: Application #01/18/11-ZBA which had been scheduled to be heard on this date, was deemed incomplete prior to the meeting, and will be resubmitted at a future date.
Resolutions to be memorialized – None.
Old Business:
Sharon Van Duyne reported on the Green Team meeting held on February 15, 2011, and stated another meeting is scheduled for March 22, 2011, at 7:00 P.M., in the Weymouth Township Municipal Building.
Sharon Van Duyne encouraged the board members, if invited, to attend The Atlantic County Association of Township Official’s and the Atlantic County League of Municipalities meetings.
Sharon Van Duyne announced that the Weymouth Township Planning Board is now working on the Master Plan Review and Update. This task, which has been estimated to take Four Months, will address the Conservation Element, The Open Space Element, The Historic Preservation Element, and Solid Waste Management Element. The public is encouraged to participate.
Sharon Van Duyne reported on a Sustainable New Jersey presentation sponsored by the Atlantic County Utilities Authority. The ACUA will be sponsoring an Earth Day in May.
Due to a conflict of interest, Henry Goldsmith signed the Engineer/Planner Contract as Vice-chairman, acting in behalf of Sharon Van Duyne.
The By-Laws for The Weymouth Township Zoning Board of Adjustment were reviewed and updated, up to and including Section 3.11. The remainder of this document will be reviewed at the April 2011 meeting, starting with Section 4.0.
A motion was made by Henry Goldsmith; seconded by John A. Rodger, Jr. that the meeting be opened to the Public. Voice vote: All-in-favor.
No one from the public chose to speak.
A motion was made by Henry Goldsmith; seconded by Kenneth Tobias, that the meeting be closed to the Public. Voice vote: All-in-favor.
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A motion for adjournment was made by Henry Goldsmith; seconded by John A. Rodgers, Jr., at 8:47 P.M. Voice vote: All-in-favor.
Respectfully submitted,
Dominick P. Messina, Sec’y.
Thursday, February 10, 2011
WEYMOUTH TOWNSHIP ZONING BOARD OF ADJUSTMENT:
A regular monthly meeting of the Weymouth Township Zoning Board of Adjustment was called to order on the above date by Sharon VanDuyne, Chairperson, at 7:31 P.M., prevailing time.
The Chairperson invited all in attendance to participate in the salute to the flag of our country.
As required in Chapter 231 of the Laws of 1975, The Open Public Meetings Act, or "Sunshine Law, was read by Dominick P. Messina, Secretary.
Roll call:
Sharon VanDuyne – Chairperson Present
Henry Goldsmith – Vice-chairman Absent – Called absent in advance.
Michael A. Hogan Present
Louw-Shiang Liu Present
Andrea Mariner Present
John A. Rodgers, Jr. Present
Kenneth Tobias Present
Christopher P. Egbert – Alt #1 Present
Betsy Hoffman – Alt. #2 Absent
Also in attendance were:
Dominick P. Messina – Secretary
Frank DiDomenico, Esquire – Solicitor
Joseph E. Johnston, P.E., P.P., C.M.E. – Engineer/Planner- Excused.
The regular order of business was temporarily suspended to allow discussion, with
regard to the contents of a letter from Mr. John Scott Abbott, Esquire, who represents David and Sharon VanDuyne, in an Appeal to the Decision of the Weymouth Township Zoning Officer. Mr. Abbott was objecting to a section of the Resolution (09/27/10-ZBA),
memorialized on Thursday, January 13, 2011.
Sharon VanDuyne excused herself as Chairperson and assumed a seat among the public.
Michael A. Hogan was nominated by John A. Rodgers, Jr. to act as Chairman in place of Henry Goldsmith – Vice-chairman; seconded by Andrea Mariner. There being no other nominations, a motion was made by Andrea Mariner; seconded by John A. Rodgers, Jr., that the nominations be closed. Voice vote: All-in-favor.
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Michael A. Hogan then continued the meeting as Chairman.
Following a discussion of the objections by Mr. Abbott, Esquire, a motion was made by Louw-Shiang Liu; seconded by John A. Rodgers, Jr., that the Resolution as prepared by the Board's Solicitor be upheld in it's present form.
Roll call:
Kenneth Tobias Yes
John A. Rodgers, Jr. Yes
Andrea Mariner Abstaining
Louw-Shiang Liu Yes
Christopher P. Egbert- Alt. #1Yes
Michael A. Hogan Yes
Mrs. Sharon VanDuyne resumed her position as Chairperson at 7:52 P.M..
A motion was made by Andrea Mariner; seconded by Louw-Shiang Liu, that the meeting be opened to the public. Voice vote: All-in-favor.
Mr. Dave VanDuyne, who resides at #36 Cape May Avenue, Dorothy, New Jersey 08317, voiced his objection to the decision rendered by the Board regarding the above mentioned Appeal. Mr. VanDuyne felt the Board was misled.
A motion was made by Andrea Mariner; seconded by Michael A. Hogan to close the meeting to the public. Voice vote: All-in-favor.
The Chairperson then resumed the normal order of business as outlined in the Agenda.
Minutes of the previous meeting, Thursday, January 13, 2011, were approved as written, on a motion by Louw-Shiang Liu; seconded by Andrea Mariner. Voice vote: All-in-favor.
Communication were read and received for proper action on a motion by Kenneth Tobias; seconded by John A. Rodgers, Jr. Voice vote: All-in-favor.
The Zoning Officer's Report for the month of January, 2011 was received on a motion by Kenneth Tobias; seconded by John A. Rodgers, Jr.. Voice vote: All-in-favor.
A Code Enforcement Officer's Report was not available in it's customary form, but Four letters were read regarding the activities of the Code Enforcement Officer throughout the Township during January, citing Code Violations. This report was received on a motion by Andrea Mariner; seconded by Michael A. Hogan. Voice vote: All-in-favor.
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Vouchers submitted for payment: - None.
Applications to be heard: - None.
Resolutions to be memorialized: - None.
Old Business:
A letter from the Zoning Officer, dated January 25, 2011, addressed to the Board Secretary was read. This letter was in response to a letter the Secretary was instructed to write to the Township Committee for the purpose establishing more timely communications with the Zoning Officer, and the disposition of four (4) specific Permits, where consecutive numbers were missing in the Zoning Officer's Report. The Zoning Officer did justify the disposition of the missing Permits, but the other requests made through the Township Committee were not addressed.
The Chairperson and Secretary signed the annual contract for the Solicitor, but the contract for the Engineer/Planner was set aside, due to a conflict, until it could be signed by the Vice-chairman.
The Secretary reported that an Application to the Planning Board for a Minor Sub-division of Block 84, Lot 01, located in a PFA 10/20 Acre Zone was approved. (One (1) 10.0 Acre Lot being Sub-divided out of a 224.5 +/- Acre Lot.
The Chairperson called the Board's attention to copies of the Board's By-Laws, and asked that they be reviewed for discussion at the March, 2011 meeting.
Michael A. Hogan reported that the Environmental Commission participated in another cleanup on Walkers Forge Road.
Also, The Environmental Commission along with the Shade Tree Commission will be hosting a Seminar in the Weymouth Township Municipal Building on Saturday, March 19, 2011. Check the Web Site for a specific time.
A motion for adjournment was made by Andrea Mariner; seconded by John A. Rodgers, Jr., at 8:27 P.M., prevailing time.
Respectfully submitted,
Dominick P. Messina, Sec'y.
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Thursday, January 13, 2011
WEYMOUTH TOWNSHIP ZONING BOARD OF ADJUSTMENT:
A regular, and re-organization, meeting of the Weymouth Township Zoning Board of Adjustment was called to order on the above date by Dominick P. Messina, Secretary, at 7:33 P.M., prevailing time.
The Secretary invited all in attendance to participate in the salute to the flag of our country.
As required in Chapter 231 of the Laws of 1975, The Open Public Meetings Act or “Sunshine Law,” was read by Dominick P. Messina, Secretary.
There were no newly appointed members.
A Roll Call, in alphabetical order, was taken as follows, for the purpose of establishing a quorum.
Christopher P. Egbert – Alt. #1 Present
Henry Goldsmith Absent – Called absent in advance
Betsy Hoffman – Alt. #2 Present
Michael A. Hogan Present
Louw-Shiang Liu Present
Andrea Mariner Present
John A. Rodgers, Jr. Present
Kenneth Tobias Present
Sharon VanDuyne Present
The following re-appointments were announced:
Andrea Mariner 01/01/11 to 12/31/2014
John A. Rodgers, Jr. 01/01/11 to 12/31/2014
Betsy Hoffman Alt. #2 01/01/11 to 12/31/2012
The Secretary the administered the Oath of Office to the re-appointed members, and congratulated them on their being re-appointed.
The Secretary reviewed the nominating and voting procedures, especially with regard to participation by the Alternates.
The Secretary asked for nomination from the members for the office of Chairman for the Year 2011.
Sharon VanDuyne was nominated by Andrea Mariner; seconded by Michael A. Hogan.
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There being no other nominations, a motion was made by Louw-Shiang Liu; seconded by Andrea Mariner, that the nominations be closed. Voice vote: All-in-favor.
Roll call (Approving the nomination of Sharon VanDuyne as Chairperson).
Christopher P. Egbert Yes
Michael A. Hogan Yes
Louw-Shiang Liu Yes
Andrea Mariner Yes
John A. Rodgers, Jr. Yes
Kenneth Tobias Yes
Sharon VanDuyne Yes
The Secretary relinquished the gavel to Mrs. VanDuyne, who then thanked the members for their vote of confidence.
The Secretary was then asked to continue with the re-organization.
The Secretary asked for nominations from the members for the Office of Vice-Chairman, for the Year 2011.
Henry Goldsmith was nominated by Sharon VanDuyne, seconded by Andrea Mariner.
There being no other nominations, a motion was made by Andrea Mariner; seconded by Kenneth Tobias, that the nominations be closed. Voice vote: All-in-favor.
Mr. Goldsmith, although absent, let it be known, that if nominated, and elected, he would accept that Office.
Roll call (Approving the election of Henry Goldsmith).
Christopher P. Egbert Yes
Michael A. Hogan Yes
Louw-Shiang Liu Yes
Andrea Mariner Yes
John A. Rodgers, Jr. Yes
Kenneth Tobias Yes
Sharon VanDuyne Yes
The Secretary asked for nominations from the members for the Office of Secretary for the Year 2011.
Dominick P. Messina was nominated by John A. Rodgers, Jr.; seconded by Andrea Mariner.
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There being no other nominations, a motion was made by Louw-Shiang Liu; seconded by John A. Rodgers, Jr., that the nominations be closed. Voice vote: All-in-favor.
Rollcall (Approving the appointment of Dominick P. Messina).
Christopher P. Egbert Yes
Michael A. Hogan Yes
Louw-Shiang Liu Yes
Andrea Mariner Yes
John A. Rodgers, Jr. Yes
Kenneth Tobias Yes
Sharon VanDuyne Yes
The Secretary thanked the member for their continued vote of confidence.
Prior to the reading of the Resolutions pertaining the appointing of the Professionals (Solicitor and Engineer/Planner), there was a discussion surrounding the continued participation by our present Solicitor, as an employee, in the P.E.R.S. (Public Employees Retirement System). Should an interpretation be made that our present Solicitor could not continue to be enrolled in the P.E.R.S. Program, then, he would be forced to re-negotiate the terms regarding his fees. This interpretation remains pending.
Also, proposals from other Solicitors and Engineer/Planners were discussed, with services and fees being compared.
The Secretary then read Two (2) Resolutions (ZBA-2011-1 and ZBA-2011-2) regarding the appointing of our Professionals.
The Secretary asked for nominations from the members for Zoning Board Solicitor for the Year 2011, with the same terms as in 2010.
Frank DiDomenico, Esquire, # 8 LaSalle Drive, Vineland, N.J. 08362, was nominated by Kenneth Tobias; seconded by Michael A. Hogan.
There being no other names in nomination, a motion was made by Louw-Shiang Liu; seconded by Christopher P. Egbert, that the nominations be closed. Voice vote: All-in-favor.
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Roll call (Approving the appointment of Frank DiDomenico, Esquire).
Christopher P. Egbert Yes
Michael A. Hogan Yes
Louw-Shiang Liu Yes
Andrea Mariner Yes
John A. Rodgers Jr. Yes
Kenneth Tobias Yes
Sharon VanDuyne Yes
Mr. DiDomenico, Esquire thanked the members for their continued confidence.
The Secretary asked for nominations from the members for Engineer/Planner for Year 2011, with the same terms as in 2010.
The firm of Remington, Vernick, & Walberg, Engineers, #845 North Main Street, Pleasantville, N.J. 08232-1457, was nominated by Kenneth Tobias; seconded by
Andrea Mariner.
There being no other names in nomination, a motion was made by John A. Rodgers, Jr.; seconded by Louw-Shiang Liu, that the nominations be closed. Voice vote: All-in-favor.
Roll call (Approving the appointment of Remington, Vernick, & Walberg, Engineers).
Christopher P. Egbert Yes
Michael A. Hogan Yes
Louw-Shiang Liu Yes
Andrea Mariner Yes
John A. Rodgers, Jr. Yes
Kenneth Tobias Yes
Sharon VanDuyne Abstaining
Mr. Joseph E. Johnston, P.E., P.P. C.M.E., representing the firm of Remington, Vernick, & Walberg, Engineers thanked the members for their continued confidence in the firm.
The Secretary asked for a motion that the Two (2) above mentioned Resolutions (ZBA-2011-1 and ZBA-2011-2) be approved for legal publication and required distribution.
This motion was made by John A. Rodgers, Jr.; seconded by Andrea Mariner.
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Roll call (Approving the legal publication and distribution of the Two(2) above mentioned Resolutions).
Christopher P. Egbert Yes
Michael A. Hogan Yes
Louw-Shaing Liu Yes
Andrea Mariner Yes
John A. Rodgers, Jr. Yes
Kenneth Tobias Yes
Sharon VanDuyne Yes
The Secretary asked for a motion that The Press of Atlantic City and The Atlantic County Record by designated the Official Newspapers of this body for the Year 2011.
This motion was made by John A. Rodgers, Jr.; seconded by Michael A. Hogan.
Roll call (Designating The Atlantic City Press and Atlantic County Record as the Official News papers).
Christopher P. Egbert Yes
Michael A. Hogan Yes
Louw-Shiang Liu Yes
Andrea Mariner Yes
John A. Rodgers, Jr. Yes
Kenneth Tobias Yes
Sharon VanDuyne Yes
The Secretary asked for a motion that the Weymouth Township Branch of The Sun Bank be designated the depository of funds for the Year 2011.
This motion was made by Andrea Mariner; seconded by Kenneth Tobias, with the motion being amended to include “or any such bank utilized by Weymouth Township.”
Roll call (Designating the Weymouth Township Branch of The Sun Bank or any such bank utilized by Weymouth Township).
Christopher P. Egbert Yes
Michael A. Hogan Yes
Louw-Shiang Liu Yes
Andrea Mariner Yes
John A. Rodgers, Jr. Yes
Kenneth Tobias Yes
Sharon VanDuyne Yes
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The Secretary asked for a motion that the meeting place, day of the month, and time of day for the Weymouth Township Zoning Board of Adjustment, be maintained as in 2010, that being, the Weymouth Township Municipal Building, the Second Thursday of each month, and at 7:30 P.M., prevailing time.
This motion was made by Louw-Shiang Liu; seconded by John A. Rodgers, Jr..
Roll call (Approving the meeting place, day of month, and time of day).
Christopher P. Egbert Yes
Michael A. Hogan Yes
Louw-Shiang Liu Yes
Andrea Mariner Yes
John A. Rodgers, Jr. Yes
Kenneth Tobias Yes
Sharon VanDuyne Yes
The Secretary asked for a motion that the Weymouth Township Zoning Board of Adjustment be guided in all of its meetings by Robert’s Rules of Order.
This motion was made by Michael A. Hogan; seconded by Kenneth Tobias.
Roll call (Approving the use of Robert’s Rules of Order as a meeting guide).
Christopher P. Egbert Yes
Michael A. Hogan Yes
Louw-Shiang Liu Yes
Andrea Mariner Yes
John A. Rodgers, Jr. Yes
Kenneth Tobias Yes
Sharon VanDuyne Yes
The Re-organization having been completed, the Chairperson continued with the Agenda, as outlined.
Minutes of the previous meeting, Thursday, December 09, 2010, were approved as written, on a motion by John A. Rodgers, Jr.; seconded by Kenneth Tobias. Voice vote: All-in-favor.
Communications were read, and received for proper action on a motion John A. Rodgers, Jr.; seconded by Louw-Shiang Liu. Voice vote: All-in-favor.
The Zoning Officer’s Report for the Month of December, 2010 was received on a motion by John A. Rodgers, Jr.; seconded by Kenneth Tobias. Voice vote: All-in-favor.
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Code Enforcement Officer’s Report – None.
A Voucher, in the amount of $190.00, submitted by Frank DiDomenico, Esquire, was approved for payment on a motion by John A. Rodgers, Jr.; seconded by Michael A. Hogan. Voice vote: All-in-favor.
Applications to be heard – None.
A recess was declared by the Chairperson at 8:27 P.M..
The Board returned to session at 8:43 P.M.
Resolution 09/27/10-ZBA, regarding the Appeal to the Decision of the Zoning Officer was approved for memorialization, on a motion by John A. Rodgers, Jr.; seconded by Michael A. Hogan.
Roll call:
Louw-Shiang Liu Yes
Kenneth Tobias Yes
Michael A. Hogan Yes
John A. Rodgers, Jr. Yes
Christopher P. Egbert Yes
Betsy Hoffman Yes
The topic of having the Zoning Officer present at some, or all of our meetings, to answer any questions was discussed. A letter is to be sent to the Township Committee via the Township Clerk asking the Township Committee to explore this possibility.
Sharon VanDuyne reported on the projects planned to be addressed, and hopefully completed by the Planning Board.
Michael A. Hogan reported that the members of the Environmental Commission are planning a cleanup of Walkers Forge Road. Also, another “Rain Forest Program” will be presented at the Weymouth Township School.
A motion was made by Kenneth Tobias; seconded by Michael A. Hogan to open the meeting to the Public. Voice vote: All-in-favor.
Amelia Messina asked about the present status of COAH. This inquiry was addressed by Joseph E. Johnston, who stated the present (new) Bill still requires quotas, and some of the new rules are expected to be challenged in court.
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A motion was made by Andrea Mariner; seconded by Michael A. Hogan, that the meeting be closed to the Public. Voice vote: All-in-favor.
A motion for adjournment was made by Andrea Mariner; seconded by Michael A. Hogan, at 9:27 P.M., prevailing time. Voice vote: All-in-favor
Respectfully submitted,
Dominick P. Messina, Sec’y.
Thursday, December 09, 2010
WEYMOUTH TOWNSHIP ZONING BOARD OF ADJUSTMENT:
A regular monthly meeting of the Weymouth Township Zoning Board of Adjustment was called to order on the above date by Sharon VanDuyne, Chairperson, at 7:34 P.M., prevailing time.
The Chairperson invited all in attendance to participate in the salute to the flag of our country.
As required in Chapter 231 of the Laws of 1975, The Open Public Meetings Act or “Sunshine Law,” was read by Dominick P. Messina, Secretary.
Prior to Roll Call, the Secretary introduced Ms. Betsy Hoffman, who was appointed to the Zoning Board of Adjustment as Alternate No. 2, to fill the vacancy created by the resignation of William J. Heckman, Jr..
Prior to this meeting, Ms. Hoffman had been sworn in by the Weymouth Township Clerk, and at that time signed her Oath of Allegiance. Also, in preparation for this meeting, Ms. Hoffman had listened to the recorded proceedings, and reviewed the supporting documentation and Exhibits generated at the October 14, 2010 Zoning Board of Adjustment meeting. Ms. Hoffman submitted a signed statement to this effect.
Also, Ms. Andrea Mariner, who informed the Secretary of her absence from this meeting, signed a statement that she had also listened to the recorded proceedings of the October 14, 2010 meeting, and had reviewed the supporting documentation and Exhibits. Ms. Mariner signed a statement to this effect.
Roll call:
Sharon VanDuyne – Chairperson Present
Michael A. Hogan – Vice-Chairman Present
Henry goldsmith Present
Louw-Shiang Liu Present
Andrea Mariner Absent – Called Absent in advance.
John A. Rodger, Jr. Present
Kenneth Tobias Present
Christopher P. Egbert – Alt. #1 Present
Betsy Hoffman – Alt. #2 Present
1
Also in attendance were:
Dominick P. Messina – Secretary
Frank Di Domenico, Esquire – Solicitor
Jay Laubengeyer – Weymouth Township Zoning Officer.
Note: Joseph E. Johnston, P.E., P.P., C.M.E. – Engineer/Planner, was excused from attending, as he had a conflict concerning the Application that was scheduled to be continued at this meeting.
Note: When the minutes of the Thursday, October 14, 2010 meeting, were approved, the Board asked that those minutes be amended to reflect Joseph E. Johnston excusing himself from the proceedings of that Public Hearing due to a conflict with one of the Applicants.
When Application 09/27/10-ZBA was again to be continued, Ms. Sharon VanDuyne excused herself from the Board and joined the public. Mr. Michael A. Hogan assumed the Chairmanship during the continued Public Hearing of that Appeal or Application.
A synopsis of the proceedings of the Thursday, October 14, 2010 Public Hearing was given by Frank Di Domenico, Esquire.
Mrs. Eunice Stewart, who did not testify at the October 14, 2010 meeting, was sworn in by the Board’s Solicitor, and presented her testimony.
Ms. Sharon VanDuyne was re-sworn by the Board’s Solicitor for the purpose of rebuttal by her Attorney, John Scott Abbott, Esquire. Additional Exhibits were submitted.
Mr. David Stewart was re-sworn by the Board’s Solicitor for the purpose of providing closing testimony.
Jay Laubengeyer, Weymouth Township Zoning Officer, was re-sworn by the Board’s Solicitor who gave who gave closing testimony by making reference to Sections 155-59, and 155-6 of the Weymouth Township Zoning Ordinances justifying his granting a Zoning Permit to the Stewarts..
John Scott Abbott, Esquire was then invited to present his closing arguments. Mr. Abbott made reference to Sections 155-156, Paragraph “A,” and 155-57, Paragraph “J” of the Weymouth Township zoning Ordinances.
A motion was made by Louw-Shiang Liu; seconded by Henry Goldsmith to open the meeting to the public. Voice vote: All-in-favor.
2
There was not anyone from the public who desired to give testimony with regard to the Application.
A motion was made by Henry Goldsmith; seconded by Louw-Shiang Liu to close the meeting to the public. Voice vote: All-in-favor.
The Board’s Solicitor again summarized the testimony and attempted to focus the Board toward the factors that were to be considered for determining if the Weymouth Township Zoning Officer acted properly in issuing a Zoning Permit to Mr. David Stewart with regard to the activities on his property, based upon the information contained in the Weymouth Township Ordinances.
A motion was made by Henry Goldsmith; seconded by Kenneth Tobias, that, the Weymouth Township Zoning Officer did NOT apply, or interpret our Ordinances correctly.
Roll call:
Kenneth Tobias Yes
John A. Rodgers, Jr. Yes
Louw-Shiang Liu Yes
Henry Goldsmith Yes
Christopher P. Egbert Yes
Betsy Hoffman Yes
Michael A. Hogan Yes
A short recess was called by the Chairman at 9:20 P.M..
The Board returned to session at 9:35 P.M..
At this time, Ms. Sharon VanDuyne resumed her position as Chairperson.
Minutes of the previous meeting, Thursday, October 14, 2010 were approved as written with the amendment to reflect Joseph E. Johnston excusing himself from the public hearing, as mentioned above, on a motion by Henry Goldsmith; seconded by Michael A. Hogan. Voice vote: All-in-favor.
Communications and Correspondence were received for proper action on a motion by John A. Rodger, Jr.; seconded by Michael A. Hogan. Voice vote: All-in-favor.
A motion was made by John A. Rodgers, Jr.; seconded by Kenneth Tobias, that the Weymouth Township Zoning Board of Adjustment subscribe to joint membership renewal, along with the Weymouth Township Planning Board, to The New Jersey Planning Officials. Voice vote: All-in-favor.
3
The Zoning Officer’s Report for the Months of October and November, 2010 were received on a motion by Kenneth Tobias; seconded by John A. Rodgers, Jr.. Voice vote: All-in-favor.
The Code Enforcement Officer’s Report for the Month of October 2010 was received on a motion by John A. Rodgers, Jr.; seconded by Christopher P. Egbert. Voice vote: All-in-favor.
Note: The Code Enforcement Officer’s Report for the Month of November 2010 was not available.
Vouchers submitted for payment – None.
New Business:
Proposals, now required by law for professional services, were received and distributed to the Chairperson and to Kenneth Tobias for review.
Environmental Commission:
Michael A. Hogan reported that work continues with regard to the Shade Tree Grant.
Also, that everyone concerned is still waiting for the “Sample” Clustering Ordinance promised by The N.J. Pinelands Commission.
A motion was made by Henry Goldsmith; seconded by Louw-Shiang Liu that the meeting be opened to the public. Voice vote: All-in-favor
Dave VanDuyne thanked the Board for their endeavors with regard to his Application or Appeal.
Amelia A. Messina, Mayor thanked the Board for their dedication and service throughout
the year, and wished the Board a Happy Holiday.
A motion was made by Henry Goldsmith; seconded by Michael A. Hogan that the meeting be closed to the public. Voice vote: All-in-favor
Mr. Henry Goldsmith informed the Secretary that he would not be able to attend the January and February, 2011 Zoning Board of Adjustment meetings.
A motion for adjournment was made by Henry Goldsmith; seconded by Kenneth Tobias at 9:55 P.M., prevailing time. Voice vote: All-in-favor.
Respectfully submitted,
Dominick P. Messina, Sec’y.
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Thursday, October 14, 2010
WEYMOUTH TOWNSHIP ZONING BOARD OF ADJUSTMENT:
A regular monthly meeting of the Weymouth Township Zoning Board of Adjustment was called to order on the above date by Sharon VanDuyne, Chairperson, at 7:40 P.M., prevailing time.
The Chairperson invited all in attendance to participate in the salute to the flag of our country.
As required in Chapter 231 of the Laws of 1975, The Open Public Meetings Act or "Sunshine Law," was read by Dominick P. Messina, Secretary.
Roll call:
Sharon VanDuyne – Chairperson Present
Michael A. Hogan – Vice-chairman Present
Henry Goldsmith Present
Louw-Shiang Liu Present
Andrea Mariner Absent – Called Absent in advance.
John A. Rodgers, Jr. Present
Kenneth Tobias Present
Christopher P. Egbert – Alt. #1 Present
(Vacant) – Alt. #2
Also in attendance were:
Dominick P. Messina – Secretary
Frank DiDomenico, Esquire – Solicitor
Joseph E. Johnston, P.E., P.P., C.M.E. – Engineer/Planner
Application 09/27/10-ZBA, Appealing the Decision of he Weymouth Township Zoning Officer, prepared by John Scott Abbott, Esquire, #9 South Washington Avenue, Margate, N.J. 08402-2301, was introduced. The Application was prepared in behalf of Dave and Sharon VanDuyne, #36 Cape May Avenue, Dorothy, N.J. 08317.
At the time of introduction of the Appeal, Mrs. Sharon VanDuyne relinquished the gavel to Michael A. Hogan, Vice-chairman.
The Appeal Application was deemed complete by the Zoning Board's Solicitor.
Mr. Abbott, Esquire presented some background as to the reasons for the Appeal, and also produced copies of Exhibits "A" through "L," and also Exhibit "M." (Exhibit "M" was comprised of Nine (9) photographs).
Page 1 of 5
The property which was the subject of the Appeal is owned by David and Eunice Stewart, #34 Cape May Avenue, Dorothy, N.J. 08317, and is further known on the Weymouth Township Tax Map as Block 07, Lot 34.01, consisting of 2.5 Acres, and located in a PVR (Pinelands Village Residential) Zone.
The Applicants were sworn in by the Zoning Board's Solicitor.
During the testimony of Dave and Sharon VanDuyne, Exhibit "N" was introduced, which was a copy of an Internet posting of the Apiary products and services provided by the Stewarts from their property.
Following the testimony and explanation of the Exhibits by the VanDuynes, Jay Laubengeyer, Weymouth Township Zoning Officer, was sworn in to give testimony, justifying his issuing of a Zoning Permit to the Stewarts for their Apiary activity.
Following Mr. Laubengeyer's testimony, a motion was made by Henry Goldsmith; seconded by Kenneth Tobias, at 9:33 P.M., calling for a short recess. Voice vote: All-in-favor.
A motion was made at 9:38 P.M., by John A. Rodgers, Jr.; seconded by Louw-Shiang Liu, that the meeting be again, called to session. Voice vote: All-in-favor.
A motion was made by Kenneth Tobias; seconded by Louw-Shiang Liu that the meeting be opened to the public. Voice vote: All-in-favor.
Mr. David Stewart was sworn in by the Board's Solicitor, who introduced Exhibits - Stewart #1 through Stewart #11 (Photographs), Exhibit Stewart #12 was a Document from the State of N.J. Department of Agriculture, Right to Farm , titled: Apiary Agricultural Management Practices (2:76-2A.2).
Following Mr. Stewart's testimony, Mr. Tim Schuler, from the N.J. Department of Agriculture, was sworn in by the Zoning Board's Solicitor. Mr. Schuler testified, at the request of the Stewarts, as to how best management practices should be applied with regard any Apiary activity.
Following Mr. Schuler's testimony, due to the late hour (almost 11:00 P.M.) a motion was made by John A. Rodgers, Jr.; seconded by Kenneth Tobias, that the meeting be closed to the public; continued, without any further Public Notification to Thursday, December 09, 2010, at 7:30 P.M.. Also due to November 11, 2010 being a Federal Holiday, the November meeting be CANCELLED. Voice vote: All-in-favor.
In the event of any change to the above, Mr. Stewart's home telephone number is (609)-476-2891.
Mrs. Sharon VanDuyne resumed her position as Chairperson at 11:05 P.M..
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Minutes of the previous meeting, Thursday, September 09, 2010, were approved as written on a motion by Kenneth Tobias; seconded by Louw-Shiang Liu. Voice vote: All-in-favor. Mr. Henry Goldsmith Abstained, as he was not in attendance at the September 09, 2010 meeting.
Communications and Correspondence were received for proper action on a motion by John A. Rodgers, Jr.; seconded by Michael A. Hogan. Voice vote: All-in-favor.
The Zoning Officer's Report for the month of September, 2010 was received on a motion by Henry Goldsmith; seconded by Christopher Egbert. Voice vote: All-in-favor
The Code Enforcement Officer's Report for the Month of September, 2010 was received on a motion by Henry Goldsmith; seconded by Michael A. Hogan. Voice vote: All-in-favor.
Three (3) Vouchers, submitted by Frank DiDomenico, Esquire, totaling $467.50, were approved for payment on a motion by Henry Goldsmith; seconded by Kenneth Tobias. Voice vote: All-in-favor.
Resolution 03/11/10-ZBA, regarding the Application of Cingular Wireless, PCS, LLC, was approved for memorialization on a motion by Michael A. Hogan; seconded by Kenneth Tobias.
Roll call:
Sharon VanDuyne Yes
Michael A. Hogan Yes
Louw-Shian Liu Yes
John A. Rodgers, Jr. Yes
Kenneth Tobias Yes
Christopher P. Egbert Yes
Resolution 05/14/10-ZBA, regarding the Application of Anthony Cekada, was approved for memorialization on a motion by John A. Rodgers, Jr.; seconded by Michael A. Hogan.
Roll call:
Christopher P. Egbert Yes
Kenneth Tobias Yes
John A. Rodgers, Jr. Yes
Louw-Shiang Liu Yes
Michael A. Hogan Yes
Sharon VanDuyne Yes
Page 3 of 5
Resolution 02/25/10-ZBA, regarding the Application of Robert and Julia Campbell, was approved for memorialization on a motion by Michael A. Hogan; seconded by John A. Rodgers, Jr..
Roll call:
Christopher P. Egbert Yes
Kenneth Tobias Yes
John A. Rodgers, Jr. Yes
Louw-Shiang Liu Yes
Michael A. Hogan Yes
Sharon VanDuyne Yes
The Sub-committee report, regarding the recommending the refunding of the Public Hearing portion of the fee for an Appeal to the Decision of the Zoning Officer was postponed until the next regular meeting.
The Secretary reported that the Planning Board was in the process of addressing the implementation of another Element to the Weymouth Township Master Plan regarding a Solid Waste Management Plan, which is now required by Atlantic County.
A Planning Board Sub-committee continues work on researching standards for possibly revising Ordinance 155-50, Part B, regarding the number of boats and travel trailers a resident may have in their yard.
A sample Clustering Ordinance, or guidelines for the same, promised by the Pinelands Commission have yet to be received.
Michael A. Hogan reported that Mr. William F. Harrison, Esquire, who now represents the owners of the 1,800 Non-contiguous acres in Weymouth Township, met with the members of the Weymouth Township Committee, and is now seeking funding from various land preservation sources for the potential purchase of those Acres.
Michael A. Hogan reported that members of the Environmental Commission cleaned up portions of Walker's Forge/40 Wire Road.
A motion was made by Kenneth Tobias; seconded by Michael A. Hogan that the meeting be opened to the public. Voice vote: All-in-favor.
No one from the public desired to address the Board.
A motion was made by Henry Goldsmith; seconded by Christopher P. Egbert, that the meeting be closed to the public. Voice vote: All-in-favor.
Page 4 of 5
A motion for adjournment was made by Henry Goldsmith; seconded by Michael A. Hogan, at 11:25 P.M., prevailing time. Voice vote: All-in-favor.
Respectfully submitted,
Dominick P. Messina, Sec'y.
Page 5 of 5
Thursday, September 09, 2010
WEYMOUTH TOWNSHIP ZONING BOARD OF ADJUSTMENT:
A regular monthly meeting of the Weymouth Township Zoning Board of Adjustment was called to order on the above date by Sharon VanDuyne, Chairperson, at 7:37 P.M., prevailing time.
The chairperson invited all in attendance to participate in the salute to the flag of our country.
As required in Chapter 231 of the Laws of 1975, The Open Public Meetings Act, or "Sunshine Law," was read by Dominick P. Messina, Secretary.
Roll call:
Sharon VanDuyne – Chairperson Present
Michael A. Hogan – Vice-chairman Present
Henry Goldsmith Absent – Called Absent in advance.
Louw-Shiang Liu Present
Andrea Mariner Present
John A. Rodgers, Jr. Present
Kenneth Tobias Present
Christopher P. Egbert – Alt. #1 Present
(Vacant) – Alt. #2
Also in attendance were:
Dominick P. Messina – Secretary
Frank DiDomenico, Esquire – Solicitor
Joseph E. Johnston, P.E., P.P., C.M.E. – Engineer/Planner
Minutes of the previous meeting, Thursday, August 12, 2010, were approved as written on a motion by John A. Rodgers, Jr.; seconded by Michael A. Hogan, with the exception of the following amendment: New Business: Page #3 Paragraph #1, Add – The Chairperson appointed a Sub-committee consisting of Henry Goldsmith, John A. Rodgers, Jr., and Christopher P. Egbert, to assist in composing a letter to the Planning Board recommending that the Public Hearing Fee portion ONLY, of the total Application Fee for an Appeal to the Decision of the Zoning Officer be returned to the Applicant if the Applicant prevails. Voice vote: All-in-favor.
Communication and Correspondence were read, and received for proper action, on a motion by Kenneth Tobias; seconded by Louw-Shiang Liu. Voice vote: All-in-favor.
Page 1 of 6
The Zoning Officer's Report for the Months of July and August, 2010 were received on a motion by Kenneth Tobias; seconded by John A. Rodgers, Jr. Voice vote: All-in-favor.
The Code Enforcement Officer's Report for the Month of August, 2010 was received on a motion by John A. Rodgers, Jr.; seconded by Kenneth Tobias. Voice vote: All-in-favor.
Vouchers submitted for payment – None.
Resolutions to be memorialized – None.
Application #03/11/10-ZBA, prepared by Warren O. Stillwell, Esquire, representing the Law Firm of Cooper-Levinson, #1125 Atlantic Avenue, Atlantic City, N.J. 08401, in behalf of Cingular Wireless PCS, LLC, d/b/a A.T. & T. Mobility was introduced.
This Application was continued from the August 12, 2010 meeting, without further notification, due to there being only Five (5) members present at that meeting, and the Applicant needing Five (5) Affirmative votes in order to prevail.
A.T. & T. Mobility is located at 200 North Warner Road, King of Prussia, Pa. 19406. The Applicant's Representative is Bechtel Telecommunications, 200 North Warner Road, Suite #160 , King of Prussia, Pa. 19406.
The Application was deemed complete by our Board Solicitor, who also sworn in all the witnesses individually as they were called by Mr. Stillwell to give testimony.
The Application was for the expansion of a Non-conforming Use allowing the co-location of Twelve (12) wireless telecommunication antennae, at a height of 170' on an existing 180' high, lattice type, telecommunications tower, along with the locating of appurtenant equipment cabinetry that will be contained within as existing compound.
The property which is the subject to this Application is owned by the Dorothy Volunteer Fire Co., P.O. Box #227, Dorothy, N.J. 08317, physically located at #70 Tuckahoe Road, an further known on the Weymouth Township Tax Map as Block 14, Lots 20 and 20.01, located in a PVC (Pinelands Village Commercial) Zone.
The following individuals were called by Mr. Stillwell to give testimony:
Mr. Brock Riffel – A.T. & T., Compliance Expert – Submitted Exhibits A1 & A2.
Following Mr. Brock's Testimony, a motion was made by Kenneth Tobias; seconded by Michael A. Hogan, to open the meeting to the public for any questions. Voice vote: All-in-favor. The meeting was left open for public questioning until the conclusion of all testimony.
Page 2 of 6
Mr. Paul Dugan, P.E. – Independent Consultant – Submitted Exhibit A3.
Mr. Richard Peterman, P.E. – Advantage Engineering – Submitted Exhibits A4 & A5.
James Miller, P.P.
At the conclusion of testimony and the opportunity for questions, a motion was made by Michael A. Hogan; seconded by John A. Rodgers, Jr., that the meeting be closed to the public. Voice vote: All-in-favor.
A motion was made by Kenneth Tobias; seconded by Louw-Shiang Liu that the Use Variance with Waivers be granted.
Roll call:
Christopher P. Egbert Yes
Kenneth Tobias Yes
John A. Rodgers, Jr. Yes
Andrea Mariner Yes
Louw-Shiang Liu Yes
Michael A. Hogan Yes
Sharon VanDuyne Yes
The Chairperson called a short recess at 8:53 P.M..
The Chairperson called the meeting back to session at 9:00 P.M..
Application 05/04/10-ZBA, prepared by Robert J. Campbell, Esquire, #551 Route #50, Mays Landing, N.J. 08330, in behalf of Anthony Cekada, #1305 Loretto Avenue, (Belcoville), Mays Landing, N.J. 08330 was introduced.
The Application was for Use and Bulk Variances, so as to allow for the construction of an addition to an existing Single Family Dwelling for use by a second family, that family being Mr. Cekada's Mother, Joan Kenny. Also, allow for the construction of a 16' X 20' garage which will extend beyond the front of the present home. Where the required Lot Width is 100' and 94.5' are proposed.
The property which is the subject of this Application is further known on the Weymouth Township Tax Map as Block 104, Lot 08, and located in an R-2 Zone.
The Application was deemed complete by the Board's Solicitor, who also swore in Mr. Anthony Cekada and his Mother, Mrs. Joan Kenny.
Seven (7) color photographs marked as Exhibits Cekada #1 through Cekada #7 were submitted.
Page 3 of 6
Following testimony by Mr. Cekada and his Mother, Mrs. Joan Kenny, a motion was made by Andrea Mariner; seconded by Kenneth Tobias to open the meeting to the public. Voice vote: All-in-favor.
There was not any public participation.
A motion was made by Andrea Mariner; seconded by Louw-Shiang Liu that the meeting be closed to the public. Voice vote: All-in-favor.
A motion was made by Michael A. Hogan; seconded by Louw-Shiang Liu that the Use and Bulk Variances requested by the Applicants be approved.
Roll Call:
Christopher P. Egbert Yes
Kenneth Tobias Yes
John A. Rodgers, Jr. Yes
Andrea Mariner Yes
Louw-Shiang Liu Yes
Michael A. Hogan Yes
Sharon VanDuyne Yes
The Chairperson called for a short recess at 9:48 P.M..
The Chairperson called the meeting back to session at 9:57 P.M..
Application 02/25/10-ZBA, prepared by Robert J. Campbell, Esquire and Julia Ann Campbell, #1321 West Riverside Drive, (Belcoville), Mays Landing, N.J. 08330 was introduced.
The Application was represented by Robert J. Campbell, Esquire.
The Application was deemed complete by our Board Solicitor who also sworn in Mr. Campbell.
The Application was for Bulk Variances to allow for the construction of an addition to an existing Single Family Dwelling. The subject property for this Variance is the present residence of Mr. & Mrs. Campbell located at the above mentioned address, and further known on the Weymouth Township Tax Map as Block 119, Lot 30.12, and located in an R-1 Zone. Where a 1.0 Acre Lot is required and .83 Acres are proposed. Where a 35' Side Yard is required and 18'4" are proposed. Where 200' Street Frontage is required and 70' (existing) are proposed. Also, a maximum total allowance for Lot coverage by the principal building and accessory building(s) is 15.0%, and an estimated total of 20.0% of Lot coverage is proposed.
Page 4 of 6
A motion was made by Andrea Mariner; seconded by Kenneth Tobias to open the meeting to the public. Voice vote: All-in-favor
There was not any public participation.
A motion was made by Andrea Mariner; seconded by Louw-Shiang Liu to close the meeting to the public. Voice vote: All-in-favor.
A motion to grant the Bulk Variances sought for the non-conforming undersized lot was made by Andrea Mariner; seconded by Michael A. Hogan.
Roll call:
Kenneth Tobias Yes
John A. Rodgers, Jr. Yes
Andrea Mariner Yes
Louw-Shiang Liu Yes
Michael A. Hogan Yes
Sharon VanDuyne Yes
Christopher P. Egbert Yes
Old Business:
The Chairperson asked that the report expected from a Zoning Board sub-committee regarding the returning of the Public Hearing portion of the total Application Fee for an Appeal to the Decision of the Zoning Officer if the Applicant prevails, be included as part of Old Business for the October, 2010 meeting.
New Business: None.
Planning Board/Zoning Board:
The Secretary reported that the subject of the restoration of the Public Hearing portion of the Application Fee for an Appeal to the Decision of the Zoning Officer be returned if the Applicant prevails, had been brought up before the Planning Board at the September 08, 2010 Regular Meeting. The Planning Board members present unanimously voted NOT to recommend this to the Township Committee for an Ordinance change.
Page 5 of 6
As the result of a citation issued by the Code Enforcement Officer to a resident having Three (3) boats in his yard, the Planning Board received a request from the Township Committee to review Ordinance 155-50, Part B, which allows for, in part, only One (1) boat on a property. A Planning Board Sub-committee has been formed to investigate this, but until a recommendation is received from the Planning Board Sub-committee the Township Committee was left to resolve the issue of the Code Enforcement Officer's citation.
The Township Committee referred a letter from Atlantic County to the Planning Board with regards to Weymouth Township's Master Plan not addressing a Solid Waste Management Plan. A Sub-committee is to investigate this, but initially, it appears that this will be probably be addressed as a new Element.
Michael A. Hogan reported that The Weymouth Township Environmental Commission continues to pursue the Tree Grant Program with the aid of consultants.
Michael A. Hogan reported that the Weymouth Township Environmental Commission delivered a "Draft" document to the Planning Board with regard to Clustering.
A motion was made by Kenneth Tobias; seconded by Louw-Shiang Liu to open the meeting to the public. Voice vote: All-in-favor.
The Chairperson asked the Mayor if a replacement had been appointed to fill the Zoning Board of Adjustment vacancy created by the resignation of William Heckman. Mayor Messina responded that there was a member of the public in attendance that evening who might be interested, but that person wanted to familiarize themselves with the responsibilities before they made a commitment.
A motion was made by Louw-Shiang Liu; seconded by Michael A. Hogan that the meeting be closed to the public. Voice vote: All-in-favor.
A motion for adjournment was made by Andrea Mariner; seconded by Michael A. Hogan at 10:38 P.M., prevailing time. Voice vote: All-in-favor.
Respectfully submitted,
Dominick P. Messina, Sec'y.
Page 6 of 6
Thursday, August 12, 2010
WEYMOUTH TOWNSHIP ZONING BOARD OF ADJUSTMENT:
A regular monthly meeting of the Weymouth Township Zoning Board of Adjustment was called to order on the above date by Sharon VanDuyne, Chairperson, at 7:35 P.M., prevailing time.
The chairperson invited all in attendance to participate in the salute to the flag of our country.
As required in Chapter 231 of the Laws of 1975, The Open Public Meetings Act or "Sunshine Law," was read by Dominick P. Messina, Sec'y.
Prior to Roll Call, the Secretary introduced Christopher P. Egbert, who had been appointed to replace Daniel J. Kelly, as Alternate Member #2, on the Zoning Board of Adjustment. Mr. Egbert had been sworn in by the Secretary the previous evening.
Roll call:
Sharon VanDuyne – Chairperson Present
Michael a. Hogan – Vice-Chairman Absent – Called Absent in advance.
Henry Goldsmith Present
Louw-Shiang Liu Absent – Called Absent in advance.
Andrea Mariner Absent – Called Absent in advance.
John A. Rodgers, Jr. Present
Kenneth Tobias Absent
William J. Heckman, Jr. – Alt. #1 Present
Christopher P. Egbert – Alt. #2 Present
Also in attendance were:
Dominick P. Messina – Secretary
Frank DiDomenico, Esquire – Solicitor
Joseph E. Johnston, P.E., P.E., C.M.E. – Engineer/Planner
Mr. Henry Goldsmith informed the Secretary that he would not be available to attend the September 09, 2010 Zoning Board meeting.
Mr. William J. Heckman, Jr. submitted a letter of resignation as he is moving to Margate City, on or about September 01, 2010. Mr. Heckman's letter was received with regret, and the Secretary was instructed to write a letter to Mr. Heckman thanking him for his services to the Zoning Board and to Weymouth Township.
Page 1 of 3
Minutes of the previous meeting, Thursday, July 08, 2010, were approved as written on a motion by John A. Rodgers, Jr.; seconded by Henry Goldsmith. Voice vote: All-in-favor.
Due to the volume of Correspondence, and other regular business, the regular order of business was interrupted to allow the introduction of Application #03/11/10-ZBA, prepared in behalf of Cingular Wireless PCS, LLC, d/b/a A.T.&T. Mobility.
The Application was deemed complete by the Zoning Board's Solicitor. However, with the nature of the Application requiring "Five (5) Affirmative Votes," and there being only Five Zoning Board members present, including the Alternates, and with the possibility of the Application carrying over into the September 9, 2010 meeting, when Mr. William J. Heckman Jr. and Mr. Henry Goldsmith would not be present, Mr. Warren O. Stilwell, Esquire, Attorney for the Applicant requested that the Application be continued to the September 9, 2010 meeting without any further notice(s).
Communications and Correspondence were read, and received for necessary action on a motion by John A. Rodgers, Jr.; seconded by Henry Goldsmith. Voice vote: All-in-favor.
The Zoning Officer's Report for the month of July, 2010 was not made available.
The Code Enforcement Officer's Reports for the months of June and July, 2010 were read and received on a motion by Henry Goldsmith; seconded by John A. Rodgers, Jr. Voice vote: All-in-favor.
Vouchers submitted for payment – None.
Resolutions to be Memorialized – None.
Old Business:
Amending the Application Form (s) to include a statement to the effect, that when Escrow Fees are to be paid to cover the costs of Legal and Engineering Reviews, that the Applicant must provide the Municipal Clerk with a Tax I.D. Number or Social Security Number for Tax Purposes, Standard Accounting Procedures, and simplicity of record keeping, was discussed. The Application Form(s) will not be amended, however, the Secretary will insure that this information is provided as part of the "Completeness" of the Application.
The Secretary was instructed to contact Mr. Louw-Shiang Liu, regarding the viewing of the JIF videos he had taken to view at home at the July, 2010 meeting.
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New Business:
The Chairperson asked the Board to consider recommending a change to the Fee Schedule regarding Appeals to the Decision of the Zoning Officer, along with a recommendation to reimburse the Application Fee if an Applicant is successful, or prevails in such an Appeal. Mr. Henry Goldsmith volunteered to draft a letter of recommendation, to be reviewed by the Zoning Board, and then forwarded to the Planning Board for possible further recommendation to the Township Committee.
Planning/Zoning:
The Chairperson reported on the presentation that was made before the Weymouth Township Planning Board regarding Sustainable New Jersey. Several brochures were made available to those who did not, or were unable to attend.
A proposed "Clustering" Ordinance which was to be prepared by a member of the Environmental Commission is yet to be received by the Planning Board.
Environmental Commission:
Minutes from the July 27, 2010 Pinelands Municipal Council Meeting, held in Estell Manor City, were provided by Michael A. Hogan, and distributed.
A motion for adjournment was made by Henry Goldsmith; seconded by John A. Rodgers, Jr., at 8:35 P.M., prevailing time.
Respectfully submitted,
Dominick P. Messina, Sec'y.
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