HARRISON TOWNSHIP ZONING BOARD REGULAR BUSINESS MEETING NOVEMBER 29, 2006 MINUTES Page 1 of 5

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1 Page 1 of 5 Chairman Kowalik called the Regular Business Meeting to order at 7:30 P.M. The meeting was held in the Municipal Building in the Township of Harrison, the County of Gloucester, and State of New Jersey. The following Zoning Board Members were present: Chairman Nancy Kowalik; Vice Chairman Steven Cimer; Mike Fadini (arrived at 8:00 p.m.); Greg Klipstein; Leona Ballinger; Fred Link; and Don Carter, Alternate #1. Absent: Harry Mumma; and Beth Dare, Alternate #2. Others Present: John Hoffman, Esq., Zoning Board Solicitor, John Cantwell, Remington & Vernick representative, and Susanne H. Rhudy, Zoning Board Secretary. OPEN PUBLIC MEETINGS ACT: Chairman Kowalik noted that the requirements of the Open Public Meetings Act have been satisfied. FLAG SALUTE: Chairman Kowalik led in the salute to our flag. PUBLIC HEARINGS: Chairman Kowalik said the RJP density variance had requested a continuance to the next meeting. Mr. Hoffman said the applicant had requested that the Board notice the public of the new hearing date. The Board determined that the applicant should re-notice the public. Greg Klipstein made a motion to grant the continuance to December 28, 2006 subject to the applicant noticing the public of the new hearing date. Leona Ballinger seconded the Motion. A Roll Call Vote was taken: Nancy Kowalik Aye; Steven Cimer Aye; Greg Klipstein Aye; Leona Ballinger Aye; Fred Link Aye; Don Carter Aye. Mr. Hoffman said the applicant s attorney had submitted a letter stating that there is adequate sewer capacity for the project. The Board asked Mr. Cantwell to discuss with the Township Engineer and respond. Appeal #05-14 Joseph Stone Dale Taylor, Esq. appeared on behalf of the applicants, Joseph Stone and Mr. & Mrs. Crossley. Mr. Hoffman confirmed that proper public notice had been given. Mr. Hoffman swore in Joe Stone and Penny Crossley. Mr. Taylor said that in January 2005 the applicant had appeared requesting a use variance to permit his hardwood floor business to continue to operate out of the garage on the property. Mr. Stone agreed to find an alternate location for his business and the Board had continued the hearing to give him time to do so. The business was relocated and Mr. Stone now wishes to sell the property. Mr. Taylor said there is a paved area which runs across Mr.

2 Page 2 of 5 Stone s lot 9 and the Crossley s lots 2 and 10, and a variance is required for a driveway less than 5 from property lines. A variance is also required for the garage setback which is less than 10 from the property line. Mr. Taylor said the Crossley s purchased Lot 10 from Mr. Jones in 2003 and Mr. Jones retained an easement across lots 2 and 10 which permits him to access his property from New Street. Mr. Hoffman marked photographs A-1 and A-2 showing two views of the driveway. Mr. Taylor reviewed the positive and negative criteria of the requested variances. He said the easement is an access and egress easement across lots 2 and 10 only. The Board asked who would be obligated to maintain the driveway and Mr. Taylor agreed to a reasonable condition regarding the maintenance. He noted that Mr. Jones easement runs along the property line and is on lots 2 and 10 and not on Mr. Stone s property. Victoria Rand, Esq. appeared for Mr. Jones and Mr. Panfile who are objecting to the application. Ms. Rand said the easement is an ingress/egress easement which her client owns. She said Mr. Stone paved the easement without Mr. Jones agreement and placed the garage so that the door infringes on the easement. Ms. Rand discussed the variances and said her clients object to them. Mr. Hoffman discussed the easement. He said Mr. Jones easement is solely for ingress and egress and the issue of whether Mr. Stone s paving of a portion of it impedes Mr. Jones use of it is not one the Board can consider. Ms. Rand said the easement is between the Crossleys and Mr. Jones. Mr. Taylor said the garage is located solely on Mr. Stone s property. Mr. Hoffman marked a copy of the Zoning Officer s permit for the garage as Exhibit A-3. Ms. Rand said her client s concern is that the garage door impedes his use of the easement. Mr. Hoffman said that a granting of the variance would not grant any easement rights. Mrs. Crossley said the paving of the dirt driveway was an improvement for all of the neighbors and they all used it. Mr. Taylor reviewed the positive criteria of the variances. He said the issues involved in the use of the easement would have to be worked out by the involved parties. Greg Klipstein made a motion to open the meeting to the public comment. Steven Cimer seconded the motion. Chairman Kowalik opened the meeting to public comment and hearing none, Steven Cimer made a motion to close the public portion. Greg Klipstein seconded the motion and Chairman Kowalik closed the meeting to public comment. The Board asked what it would cost to remove the blacktop and Mr. Cantwell estimated it could cost approximately $9,000. The Board said they wanted to see the driveway maintained by both property owners now and in the future. Mr. Taylor agreed that the paved portion as it exists will be jointly maintained by the Crossleys and the Stones to the extent that it does not interfere with any easement rights and that should be

3 Page 3 of 5 included in the deeds. Mr. Hoffman said that each property owner should maintain the driveway portion on their property and Mr. Taylor agreed. The Board discussed the various criteria for a C variance. Mr. Hoffman said the resolution would contain language that the Board is not granting any property rights, easement rights or expansion of easement rights and that those are private issues which the parties will have to resolve. Greg Klipstein made a motion to grant the variance for the blacktop driveway less than 5 from the property line on the Crossley property. Steven Cimer seconded the motion. Chairman Kowalik noted that the driveway previously existed and that it s paving improved it. A Roll Call Vote was taken: Nancy Kowalik Aye; Steven Cimer Aye; Greg Klipstein Aye; Leona Ballinger Aye; Fred Link Aye; Don Carter Aye. Greg Klipstein made a motion to grant the variance for the blacktop driveway less than 5 from the property line on the Stone property. Steven Cimer seconded the motion. A Roll Call Vote was taken: Nancy Kowalik Aye; Steven Cimer Aye; Greg Klipstein Aye; Leona Ballinger Aye; Fred Link Aye; Don Carter Aye. Greg Klipstein made a motion to grant the variance for the garage 8.6 from the property line. Steven Cimer seconded the motion. A Roll Call Vote was taken: Nancy Kowalik Aye; Steven Cimer Aye; Greg Klipstein Aye; Leona Ballinger Aye; Fred Link Aye; Don Carter Nay. : October 25, 2006 Regular Business Meeting Steven Cimer made a motion to approve the minutes. Greg Klipstein seconded the motion and the motion was adopted by a unanimous vote. RESOLUTIONS: Resolution Paul Szkotak Bulk Variance Fred Link made a motion to approve Resolution Leona Ballinger seconded the motion. A Roll Call Vote was taken: Nancy Kowalik Aye; Mike Fadini Aye; Greg Klipstein Aye; Leona Ballinger Aye; Fred Link Aye. Resolution RJP Homes LLC continuance Fred Link made a motion to approve Resolution Leona Ballinger seconded the motion. A Roll Call Vote was taken: Nancy Kowalik Aye; Steven Cimer Aye; Mike Fadini Aye; Greg Klipstein Aye; Leona Ballinger Aye; Fred Link Aye.

4 Page 4 of 5 PAYMENT OF BILLS: Greg Klipstein made a motion to approve payment of the bills. Steven Cimer seconded the motion. A Roll Call vote was taken: Nancy Kowalik Aye; Steven Cimer Aye; Mike Fadini Aye; Greg Klipstein Aye; Leona Ballinger Aye; Fred Link Aye; Don Carter Aye. PLANNING BOARD REPORT: Nancy Kowalik said the last two meetings were for Master Plan work regarding the Richwood Town Center and the density and that a third meeting would be held on December 20 th. ZONING OFFICER S REPORT: The Zoning Officer s report stands as written. COMPLETENESS COMMITTEE REPORT: There was no report. NEW BUSINESS: There was no new business. COMMENTS FROM THE BOARD: Mike Fadini said he noted the letter from Mr. Ziegler regarding the sewer capacity and Chairman Kowalik said the Board had asked Mr. Cantwell to address the question with the Township Engineer. COMMENTS FROM THE PUBLIC: There were no comments from the public. Mr. Hoffman and Mr. Cantwell left the meeting. CLOSED SESSION: Greg Klipstein made a motion to approve Resolution and enter the Closed Session. Leona Ballinger seconded the motion. A Roll Call Vote was taken: Nancy Kowalik Aye; Steven Cimer Aye; Mike Fadini Aye; Greg Klipstein Aye; Leona Ballinger Aye; Fred Link Aye.

5 Page 5 of 5 The Board entered the Closed Session at 9:05 p.m. The Board entered the Regular Meeting at 9:12 p.m. ADJOURNMENT: Fred Link made a motion to adjourn the meeting. Steven Cimer seconded the motion and the motion was approved unanimously. The meeting was adjourned at 9:12 p.m. Respectfully submitted, Susanne H. Rhudy Zoning Board Secretary