KINGWOOD TOWNSHIP BOARD OF ADJUSTMENT MINUTES March 13, 2019 7:30 PM CALL TO ORDER A regular meeting of the Kingwood Township Board of Adjustment (BOA) was called to order at 7:30 pm by Phillip Lubitz. NOTIFICATION In order to ensure full public participation at this meeting, all members of this Board, and members of the public are requested to speak only when recognized by the Chair so that there is no simultaneous discussion or over-talk, and further, all persons are requested to utilize the microphones which are provided for your use by the Township. Your cooperation is appreciated. Notification of the time, date, and place of this meeting has been published in the Hunterdon County Democrat and Courier News on January 17, 2019 and has been posted in the Kingwood Township Municipal Building on January 17, 2019 and has been filed with the Municipal Clerk. The Board of Adjustment proceedings close at 10:30pm. ROLL CALL: PRESENT: Phillip Lubitz Chairman, Jim Laudenbach Vice Chairman, David Hewitt, Mary Lou Haring, Owen Hooley, John Mathieu and Cynthia Ostergaard. OTHER: David Pierce, Attorney, Thomas Decker, Engineer NEW AND PENDING BUSINESS: Block 6, Lot 18, Qual. T01 T-Mobile - Use Variance and Appeal, Collocate 3 Additional Antennas. Frank Ferraro, Esq. of Ferraro & Stamos, LLP Attorneys at Law was present on behalf of the Applicant, T-Mobile. P. Lubitz turned the meeting over to David Pierce. D. Pierce provided the following interpretation to the Board: Appeal of Zoning Officer Denial: The applicant has submitted the Public Notice of the Public Hearing. This is an appeal of the Zoning Officer s denial of a permit to collocate three additional antennas on an existing cell tower on the Grossman property. It is Mr. Pierce s opinion that the Zoning Officer made a misinterpretation of the Zoning Ordinance. Memorializing Resolution of November 12, 2003 provides approval of up to 12 sector antennae. Currently there are 6 sector antennas and 3 additional sector antennas are proposed which makes it a total of 9 sector antennas. This is less than the 12 allowed. This proposal conforms to the approval and prior resolution. Page 1 of 8
F. Ferraro agrees with D. Pierce s interpretation that this modification falls into that resolution. They filed the appeal on 2 bases: The Board considered this facility once before for up to 12 antennas and approved it and this modification would fall under that approval Under the Spectrum Act this type of upgrade would be exempt from local zoning providing they met certain criteria which they do and would fall under that existing approval. It was moved by J. Laudenbach, seconded by D. Hewitt and carried to grant the appeal. All members present voted AYE on ROLL CALL VOTE. Block15, Lot 4.02 S. Freeman 50 Slacktown Road C1 Variance, Side Yard Setback. Steve Freeman, the applicant was present. T. Decker provided the following memo to the Board: Completeness Review: Our office has reviewed the above submitted documentation for completeness in accordance with the current Kingwood Township Checklist for Variance Applications. The following checklist items have been identified as outstanding. All other items have either been provided or are not applicable to the proposed application. Administrative Requirements: Item 40 Certification from Tax Collector that all taxes and assessments on the entire tract have been paid to date. - Applicant states the Certification from the Tax Collector has been submitted to the BOA Secretary. Item 42 Certification as to D&R Canal Commission Review Zone or that the property is exempt. - Applicant states he has the Certification from the D&R Canal Review Zone and presented it to T. Decker. It also has been submitted to the BOA Secretary. His property is exempt. It is a minor project in the B zone. Completeness Discussion: P. Lubitz has 2 projects that fall within the D&R Canal Commission and since he is a commissioner on the D&R Canal Commission, he asked should he recuse himself on this application? D. Pierce said that he does not have to recuse himself because he is acting in the same capacity in the same relationship with the applicants. T. Decker reviewed the Certification from the D&R Commission and the application is exempt and recommends the application complete. It was moved by J. Mathieu, seconded by D. Hewitt and carried to deem the application complete. All members present voted AYE on ROLL CALL VOTE. Page 2 of 8
Block 51, Lot 12 E. Zeyra & A. Jubelt 97 Old River Road C1 Variance, Front and Rear Yard Setbacks. Gary O Connor, Architect for the applicant was present along with the applicant Andy Jubelt. T. Decker provided the following memo to the Board: Completeness Review: Our office has reviewed the above submitted documentation for completeness in accordance with the current Kingwood Township Checklist for Variance Applications. The following checklist items have been identified as outstanding. All other items have either been provided or are not applicable to the proposed application. Plan Requirements: Item 6 Based on current survey prepared by a licensed NJ Land Surveyor, a boundary and topographic survey signed and sealed by a licensed surveyor is required. - The architect, G. O Connor stated the document is prepared by a licensed surveyor and the title block will be amended to include the surveyor who did the work and his seal. The surveyor is Goldenbaum Baill Engineering. Item 10 North arrow with reference meridian. - The architect stated the North arrow is there, and the reference meridian will be included. Item 12 Name(s) of the owner(s) of all property within 200 feet of the property being developed as disclosed by the most recent municipal tax records. - The architect has the list and it will be included on the drawings. Applicant asked when the deadline for publication and mailings is and was told 10 days which March 31 st. Item 19 Location of existing septic system and potable well. - The architect stated the septic tank and well are shown on the plans; the septic disposal field will be included on the plan. Item 39 Location of natural features to be preserved. - The architect stated there is a tree that is to be located on the site plan which is in the way of the construction and will be shown to be removed. P. Lubitz questioned the slope of the property and if there could be a better representation of this slope on the plan. T. Decker said the current survey provided with proposed features is difficult to distinguish what the site looks like today. Have the plan show the existing conditions and the proposed conditions. Page 3 of 8
Administrative Requirements: Item 40 - Certification from Tax Collector that all taxes and assessments on the entire tract have been paid to date. - The architect states the Certification from the Tax Collector has been submitted to the BOA Secretary at the time of submission. Item 42 - Certification as to D&R Canal Commission Review Zone or that the property is exempt. - The architect has made an application for determination to the D&R Canal Commission and is waiting to hear back from them. T. Decker asked for a copy of the submission letter for the file. Completeness Discussion: T. Decker said the Board should grant a waiver on completeness with the understanding that the missing information will be provided to the township 10 days prior to the next meeting and mailed directly to T. Decker. The applicant stated that in Item 3 under the General Comments needed clarification and said it might be a typo in the sentence there will be net increase. T. Decker said that it should read no net increase. P. Lubitz asked that a resolution be put together to grant an exception to completeness subject to conditions. D. Pierce suggests instead of a resolution, make a motion to grant temporary waivers for completeness only of checklist items 6, 10, 12, 19 & 39 and deem the application complete subject to conditions that the applicant submit the missing items not later than 10 days prior to the next meeting. It was moved by D. Hewitt, seconded by M.L. Haring and carried to grant waivers for Items 6, 10, 12, 19 & 39 and deem the application complete. All members present voted AYE on ROLL CALL VOTE. Block 15, Lot 1 M. & S. Milford 124 Slacktown Road D1Variance, Nonpermitted use in Business Park (BP) District. Maryann & Scott Milford, applicants were present. P. Lubitz asked the applicant to give a brief description of the situation that brought them to the Board. - M. Milford said in 2013 they purchased the property of vacant land to build a home on it. Before they purchased, they came to Kingwood Township and asked if they were zoned to build a home and were told yes, they are. They built 3 buildings on the property and were told they were zoned Agriculture/Residential (A/R). In 2018 they came to the Zoning Officer to start the process to build the home. Then they went to D. Gill and he put the zone A/R on the paperwork. When they went back to the Zoning Officer, they were told they could not build a home because they were in the Business Park zone. After a meeting about it, the township acknowledged they made a mistake, but they would have to get a variance to build a home in the Business Zone. Page 4 of 8
P. Lubitz said that the applicants should not be penalized for the errors of previous employees of the township. The township will have to grant a variance. T. Decker said it is at the Completeness stage and they will go over what information that is missing. The applicant spoke to T. Decker earlier and emailed the Plot Plan prepared by the surveyor to him. It shows the contours and other information which knocks off many of the missing items on the checklist. He still has questions on soil conservation and stormwater management for the existing barns. There are some environmental restrictions on the site due to the Locktown Creek. T. Decker will go over the list of completeness items. T. Decker provided the following memo to the Board: Completeness Review: Our office has reviewed the above submitted documentation for completeness in accordance with the current Kingwood Township Checklist for Variance Applications. The following checklist items have been identified as outstanding. All other items have either been provided or are not applicable to the proposed application. Plan Requirements: Item 4 Key Map, site, streets, zones. - T. Decker said this item satisfied by the submission of the Plot Plan. Item 6 Based on current survey prepared by la licensed NJ Land Surveyor. Item 10 North Arrow with reference meridian. Item 12 Name(s) of the owner(s) of all property within 200 feet of the property being developed as disclosed by the most recent municipal tax records. - T. Decker said the mail receipt only is required not the green signature card. For the Board s purposes, the 200 list from the Tax Assessor, D. Gill, should also be submitted. Item 13 Existing proposed and required setback dimension of all structures. - T. Decker noted on the previous plan it did not show the back portion of the property to show how close the house would be to the setback. It is a significantly large lot so the proposed house is well within the setback requirements. Typically, would require the dimensions but it would be up to the Board if they want them. The driveway plan prepared by Kurt Hoffman had the dwelling, but it didn t have the proposed pole barn. Page 5 of 8
Item 14 Location of existing and proposed property lines with dimensions to the nearest 0.01 foot. Item 15 Acreage to the nearest 0.01 acre. Item 22 Indicate the locations of all existing and proposed structures, i.e. walls, fences, culverts, bridges, roadways, etc. with grade elevations. Item 23 The distance from the property line to the nearest intersection. - T. Decker said it was not provided but it is not very germane and can be waived. Item 37 Complete construction plans for all improvements, including roads, fences, drainage, water, sewer, and surface water management facilities. - T. Decker said the ordinance states any major development or anything that increases your impervious surface by 1/4 of acre or more or disturbs an acre of soil or more requires stormwater management. Our ordinance has a provision if it is for agricultural/horticultural use, the property is then exempt from township stormwater management provided they applied for and received a soil conversation plan from the county. The applicant said that the engineer drew up a plan for all the buildings and was approved by Soil Conservation previously. If that approval is in place, then they satisfy the township stormwater management. The impervious is cumulative. Currently the ordinance requires impervious to be less than a 1/4 of an acre. However, since there is recent impervious on the site for the barns and driveway and now additional for the house, impervious still requires stormwater management. The total impervious of all the buildings and driveways will be over what is allowed. However, the variance tonight is only for a use variance. Item 40 Soil erosion and sediment control plan in accordance with Chapter 103, Soil Erosion. - T. Decker said that the applicant does have approval from the Soil Conservation, and he received it by email from the applicant. Item 41 Calculations demonstrating the adequacy of existing and/or proposed drainage and/or surface water management facilities. - This was discussed under Item 37. Page 6 of 8
Administrative Requirements: Item 42 Certification from Tax Collector that all taxes and assessments on the entire tract have been paid to date. - Applicant will submit it to the Board. Item 44 Certification as to D&R Canal Review Zone or that property is exempt. - T. Decker said he is not sure how the Canal Commission deals with farms, but he suggests applying to them and find out if the applicant is subject to D&R regulations. They may send a letter of no interest. They also have stormwater management regulations. Item 46 Stormwater Management Plan - T. Decker said this was discussed under Item 37 and wait for the completeness before any approval for stormwater management. Completeness Discussion: T. Decker told the applicant to have her engineer to give him a call and he will explain to him exactly what is needed for completeness. D. Pierce there would be a waiver for Item 23 and temporary waivers for completeness only of checklist items 13, 37, 41, 44, and 46 and deem the application complete subject to conditions. Applicant does not have to submit 10 days before hearing but they can be addressed as a condition of approval at the public hearing. It was moved by M.L. Haring, seconded by D. Hewitt and carried to grant a waiver for Item 23 and temporary waivers for Items 13, 37, 41, 44, and 46 and deem the application complete. All members present voted AYE on ROLL CALL VOTE. After all the applicants left the meeting, P. Lubitz reminded the Board that this comes about because of the Business Park Zone and that the township has entered into an agreement in Superior Court in order to satisfy Affordable Housing requirement. A zone has been designated as to where to place the affordable housing and it happens to be in this Business Park zone. In any other circumstance, he would be hesitant to grant waivers or variance because it shows bad faith to the court if we infringe upon this zone meant for affordable housing and grant a variance for another use in that zone. D. Pierce if this is about this application in particular, the Board must go into Executive Session to discuss litigation. P. Lubitz asked for a motion to go into Executive Session. It was moved by J. Mathieu, seconded by J. Laudenbach and carried to move into an Executive Session. All members present voted AYE on ROLL CALL VOTE. The Executive Session began at 8:20pm. At 8:30pm, P. Lubitz announced the meeting is back in regular session. Executive Session Minutes are not included in these minutes. See separate Executive Session Minutes. Page 7 of 8
APPROVAL OF MINUTES: M. Haring asked what is ECHO Housing. J. Mathieu gave a description of ECHO Housing which is temporary housing, such as a trailer, brought onto a homeowner s property and usually used for an elderly family member. It cannot be a rental unit, is connected to the homeowner s septic/utilities and must be removed once the family member either moves or dies. The approval of the February 13, 2019 Meeting Minutes will take place at the April 10, 2019 BOA Meeting. ADJOURNMENT: P. Lubitz asked for comments or announcements. None noted. It was moved by J. Mathieu, seconded by M. L. Haring and carried to adjourn the meeting at 8:35pm. All members present voted AYE. Respectfully submitted, Karen Radcliffe BOA Secretary Page 8 of 8